cp01-23-1996 c• AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY. JANUARY 23. 1996
CALL TO ORDER - 5:30 P.M.
2. INVOCATION - Rev. Thor Skeie, Faith Lutheran Church
3. CONSIDERATION OF MINUTES
MINUTES OF REGULAR MEETING OF JANUARY 9, 1996
Action - Approve as presented - Approve as amended
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
FINANCIALANVESTMENT REPORT - DECEMBER 1995
2. PLANNING COMMISSION MINUTES OF DECEMBER 19, 1995
(b) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 95 -162 - AN ORDINANCE OF T14E CITY OF
HUTCHINSON, MINNESOTA, ADDING CITY CODE SECTION 6.41
DEALING WITH THE REGULATION OF SECOND HAND GOODS
DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE,
CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING
AND ADOPT)
2. RESOLUTION NO. 10624 - RESOLUTION ORDERING PREPARATION
OF REPORT ON IMPROVEMENT
3. RESOLUTION NO. 10625 - RESOLUTION RECEIVING REPORT AND
CALLING FOR HEARING ON IMPROVEMENT FOR LETTING NO.
YPROJECT NO. 96- 04BLUFF STREET AND ADAMS STREET
4. RESOLUTION NO. 10626 - RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES (HILLTOP DRIVE, CENTURY
AVENUE)
5. RESOLUTION NO. 10627 - RESOLUTION TO ADOPT CENTRAL
GARAGE BUDGET
6. RESOLUTION NO. 10628 - RESOLUTION FOR PURCHASE
(c) DELINQUENT WATER AND SEWER ACCOUNTS
•
(d) GAMBLING LICENSE APPLICATION FOR CROW RIVER SNOW PROS
CITY COUNCIL AGENDA - JANUARY 23, 1996 0
(e) CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT
ORDINANCE SECTION 2.71 AND 5.22 TO PROHIBIT BOATHOUSES WITH
UNFAVORABLE RECOMMENDATION BY PLANNING COMMISSION
(f) CONSIDERATION TO APPROVE THE STORMWATER DETENTION POND -
INTERIM STANDARDS WITH FAVORABLE RECOMMENDATIONS BY
PLANNING COMMISSION
(g) CONSIDERATION TO APPROVE HUSKI ADDITION POND DESIGN WITH
FAVORABLE RECOMMENDATION BY PLANNING COMMISSION
(h) CONSIDERATION TO APPROVE LOT SPLIT REQUESTED BY ERICKSON'S
DIVERSIFIED TO SPLIT 40' FROM THE SOUTHERLY PORTION OF LOT 2,
BLOCK 1, HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2
WITH FAVORABLE RECOMMENDATION BY PLANNING COMMISSION
(i) CONSIDERATION TO APPROVE REQUEST BY ROGER K. OLSON TO
REZONE AGRICULTURAL LAND TO RESIDENTIAL TO ALLOW THE
CONSTRUCTION OF SINGLE FAMILY DWELLINGS IN "OLSON'S
COUNTRY VIEW SUBDIVISION, LYNN TWP. (2 MILE RADIUS) WITH NO
ACTION BY THE PLANNING COMMISSION
(j) CONSIDERATION TO APPROVE CONDITIONAL USE PERMIT REQUESTED
BY PATRICIA SCHMIDT WHICH RELATES TO OPERATING A BEAUTY
SALON EMPLOYING MORE THAN ONE NON - RESIDENT EMPLOYEE
LOCATED IN HASSAN VALLEY TWP. (2 MILE RADIUS) WITH NO ACTION
BY THE PLANNING COMMISSION
Action - Motion to approve consent agenda
' C ■...CI . 11' u
Imex"t
NONE
(a) RESOLUTION NO. 10629 - RESOLUTION TO CONSIDER GRANT
APPLICATION FOR C.A.P. GRANT FROM M.P.C.A.
Action - Motion to reject - Motion to adopt resolution for application request
0 CITY COUNCIL AGENDA - JANUARY 23, 1996
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF 1996 COST OF LIVING ADJUSTMENT
(DEFERRED JANUARY 9, 1996)
Action - Motion to reject - Motion to approve and adopt Resolution No. 10621
9. NEW BUSINESS
(a) DISCUSSION OF SNOWMOBILE CONCERNS
(b) PRESENTATION ON HISTORY OF CITY PLANNING AND CONSIDERATION
TO ADOPT "EXCELLENCE PLUS" OBJECTIVES
Action - Motion to reject - Motion to adopt "Excellence Plus" objectives
(c) CONSIDERATION TO PURCHASE THREE OFFICE CUBICLES/FURNITURE
FOR THE CITY CENTER
Action - Motion to reject - Motion to approve
(d) DISCUSSION OF STATUS OF SOUTH GRADE ROAD/TH 15
IMPROVEMENTS (LETTING NO. 5/PROJECT NO. 96 -07)
(e) CONSIDERATION OF APPROVAL TO SELL 1977 CHEVROLET TRUCK TO
HUTCHINSON SCHOOL DISTRICT FOR A COST OF $8,600.00
Action - Motion to reject - Motion to approve
(f) CONSIDERATION TO APPROVE ALLINA MANAGEMENT AGREEMENT
Action - Motion to reject - Motion to approve
10. MISCELLANEOUS
(a) COMMUNICATIONS
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from appropriate funds
• 3 _►
• 3
23- Jan -96
•
Institution
Description
TREAS BONDS
644136
TREAS BONDS
644137
Smith Barney
CMO 80AP9
Smith Barney
GNMA 865M7
Smith Barney
313400 S H 7
Smith Barney
313400 -y64
Marquette
30,020,176.00
Firstate
371
Firstate
363
Firstate
189
e irstate
7.18 %
0
12/12/91
217
Firstate
245
Firstate
411235399
Firstate
1847000000566
Prudential
Fed Home Laon
Smith Barney FNMA
Smith Barney
'CMO purchase anticapted payback is 4.332 years with a yield of 7.328%
This instrument receives payments monthly and depending on speed of payment of
mortgagages the yield could increase or decrease
A GNMA with fixed maturity but has a call date of 8/12/97
"" Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %)
0 1) CMO has been repaid in full 617/95
CITY OF HUTCHINSON
CERTIFICATES OF
DEPOSIT
December 1995
Date
Date
Interest
Of
Of
Rate
Purchase
_
Maturity
Amount
7.18 %
0
12/12/91
2/15/2001
373,500.00
7.13%
12/12/91
10/15/98
307,312.50
7.380%
2115/93
5/1/2018
(1)
7.363%
2/15/93
8/102002
128,077.78
5.00%
12/30/93
03/10/00
300,071.92
8.19%
12119/94
12116/97
501,002.05
6.30%
12/15/94
12/14/95
500,000.00
6.65%
05/11195
05/16/96
600,000.00
5.70%
10112/95
10/10/96
400,000.00
5.75%
08/10/95
02/15/96
500,000.00
5.75%
08110/95
03114/96
400,000.00
5.75%
08/10/95
04/11196
400,000.00
6.05%
12/14/95
06/13/96
300,000.00
5.50%
12/14/95
12/12/96
500,000.00
6.41%
10/31/95
11/06/00
200,000.00
6.09%
12119/95
12/19/00
500,000.00
12/20/95
06/01/02
206,371.04
$6,116,335.29
'CMO purchase anticapted payback is 4.332 years with a yield of 7.328%
This instrument receives payments monthly and depending on speed of payment of
mortgagages the yield could increase or decrease
A GNMA with fixed maturity but has a call date of 8/12/97
"" Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %)
0 1) CMO has been repaid in full 617/95
DECEMBER 1995
CITY OF HUTCHINSON FINANCIAL STATEMENTS
DECEMBER
PRELIMINARY
1995
PRELIMINARY
REVENUE REPORT - GENERAL
MONTH OF
YEAR TO
ADOPTED
BALANCE
PERCENTAG
DECEMBER
DATE ACTUAL
BUDGET
REMAINING
USED
•TAXES
LICENSES
107,778.12
1,390,459.35
1,402,619.00
12,159.65
99.13%
PERMITS AND FEES
2,261.00
3,837.93
28,205.20
173,952.77
22,650.00
173,000.00
(5,555.20)
(952.77)
124.53%
100.55%
INTERGOVERNMENT REVENUE
1,008,052.35
2,293,471.71
2,271,899.00
(21,572.71)
100.95%
CHARGES FOR SERVICES
69,708.92
1,194,134.37
1,032,279.00
(161,855.37)
115.68%
FINES & FORFEITS
4,357,73
60,015.57
66,000.00
5,984.43
90.93%
INTEREST
57,623.73
189,158.24
50,000.00
(139,158.24)
378.32%
SURCHARGES - BLDG PERMITS
(1,847.29)
332.82
1,000.00
667.18
3328%
CONTRIBUTIONS FROM OTHER FUND
243,000.00
560,364.50
627,500.00
67,135.50
89.30%
REIMBURSEMENTS
3,525.36
20,801.65
24,100.00
3,298.35
86.31%
SALES
0.00
7,900.00
15,800.00
7,900.00
50.00%
TOTAL
1,498,297.85
5,918,796.18
5,686,847.00
(231,949.18)
104.1%
EXPENSE REPORT
GENERALFUND
MAYOR & COUNCIL
2,621.80
53,276.41
46,785.00
(6,491.41)
113.9%
CITY ADMINISTRATOR
13,640.80
172,013.04
172,446.00
432.96
99.7%
ELECTIONS
31.30
3,915.02
4,875.00
959.98
80.3%
FINANCE
23,658.60
284,702.07
289,008.00
4,305.93
98.5%
MOTOR VEHICE
8,702.00
101,247.68
91,797.00
(9,450.68)
110.3%
ASSESSING
0.00
26,013.00
25,500.00
(513.00)
102.0%
LEGAL
8,071.90
91,911.40
86,600.00
(5,311.40)
106.1%
PLANNING
7,083.30
91,702.88
95,654.00
3,951.12
95.9%
POLICE DEPARTMENT
110,958.90
1,667,981.66
1,403,480.00
(264,501.66)
118.8%
SCHOOL LIAISON OFFICER
6,746.60
80,896.61
42,656.00
(38,240.61)
189.6%
MERGENCY MANAGEMENT
298.10
1,496.34
400.00
(1,096.34)
374.1%
AFETY COUNCIL
250.00
250.00
250.00
0.00
100.0%
FIRE DEPARTMENT
16,796.60
131,750.87
161,237.00
29,486.13
81.7%
FIRE MARSHAL
1,544.40
22,788.17
21,365.00
(1,423.17)
106.7%
PROTECTIVE INSPECTIONS
9,498.40
128,897.84
126,877.00
(2,020.84)
101.6%
ENGINEERING
32,084.50
363,952.40
327,541.00
(36,411.40)
111.1%
STREETS & ALLEYS
51,541.50
486,946.18
493,574.00
6,627.82
98.7%
STREET MAINTENANCE A/C
6,653.40
74,696.78
84,000.00
9,303.22
88.9%
CITY HALL
6,598.00
83,449.33
75,266.00
(8,183.33)
110.9%
PARK/REC ADMIN.
13,316.50
133,713.13
129,355.00
(4,358.13)
103.4%
RECREATION
9,779.20
227,978.08
222,533.00
(5,445.08)
102.4%
SENIOR CITIZENS CENTER
6,360.10
98,524.12
81,382.00
(17,142.12)
121.1%
CIVIC ARENA
17,855.40
168,239.20
155,702.00
(12,537.20)
108.1%
PARK DEPARTMENT
35,234.00
598,838.52
555,100.00
(43,738.52)
107.9%
RECREATION BUILDING & POOL
4,281.50
84,404.00
76,958.00
(7,446.00)
109.7%
LIBRARY
1,760.70
92,367.14
93,772.00
1,404.86
98.5%
CEMETERY
11,319.10
72,979.97
74,901.00
1,921.03
97.4%
DEBT SERVICE
930.00
28,214.90
24,984.00
(3,230.90)
112.9%
AIRPORT
25,589.10
206,064.33
79,215.00
(126,849.33)
260.1%
TRANSIT
8,353.30
163,505.00
175,079.00
11,574.00
93.4%
COMMUNITY DEVELOPMENT
5,408.80
81,249.48
70,785.00
(10,464.48)
114.8%
UNALLOCATED
(31,033.30)
244,009.36
395,770.00
151,760.64
61.7%
TOTAL
415,934.50
6,067,974.91
5,684,647.00
(383,127.91)
37.80
•
DECEMBER 1995
PRELIMINARY
CITY OF HUTCHINSON FINANCIAL REPORT - 1995
(6,166.37)
DECEMBE
(1,234.41)
ENTERPRISE FUNDS
PRELIMINARY
0.0%
REVENUE REPORT - LIQUOR FUND
MONTH OF
YEAR TO
ADOPTED
BALANCEPERCENT
•
DECEMBER
DATE ACTUAL
BUDGET
REMAINING
USED
LIQUOR SALES
WINE SALES
95,310.12
700,568.98
570,000.00
(130,568.98)
122.9%
BEER SALES
46,133.16
231,393.70
172,000.00
(59,393.70)
134.5%
BEER DEPOSIT
107,513.97
1,122,753.84
945,000.00
(177,753.84)
118.8%
MISC. SALES
272.68
8,120.16
68.20
93,056.06
0.00
63,000.00
(68.20)
(30,056.06)
0.0%
147.7%
LOTTERY SALES
REFUNDS & REIMBURSEMENTS
814.25
484.00
4,164.55
4,000.00
(164.55)
104.1%
CASH DISCOUNTS
(2,518.39)
(331.46)
(16,963.67)
0.00
(1,500.00)
331.46
15,463.67
0.0%
1130.9%
INTEREST
511.20
5,761.65
2,000.00
(3,761.65)
288.1%
TOTAL
256,641.15
2,140,471.85
1,754,500.00
(385,971.85)
122.0%
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
REPAIR & MAINTENANCE
12,273.93
169,274.58
119,828.00
(49,446.58)
141.3%
CONSULTING
815.55
12,119.13
5,750.00
(6,369.13)
210.8%
OTHER SERVICE & CHARGES
290.75
1,523.94
20,182.34
47,792.11
2,000.00
52,700.00
(18,182.34)
1009.1%
DEPRECIATION
0.00
0.00
19,200.00
4,907.89
19,200.00
907%
0.0%
DEBT SERVICE
TRANSFERS
183.15
34,973.15
34,790.00
(183.15)
100.5%
COST OF SALES
55,000.00
118,831.03
130,000.00
1,613,675.98
130,000.00
1,348,700.00
0.00
(264,975.98)
100.0%
119.6%
MISCELLANEOUS
CAPITAL OUTLAY
39.55
1,138.20
4,130.00
2,991.80
27.6%
8,127.12
8,774.30
5,000.00
(3,774.30)
0.0%
TOTAL 197,085.02 2,037,929.79 1,722,098.00 (315,831.79) 118.3%
,REVENUE REPORT - WATER
SEWERIFUND
SCORE
LICENSES
WATER SALES
WATER TREATMENT SURCHARGE
WATER METER
REFUSE SERVICES
REFUSE SURCHARGE
RECYCLE BAGS
REFUSE STICKER SALES
REFUSE RECYCLING
COMPOST CREDIT
COMPOST & RECYCLE SALES
SEWER SERVICES
PENALTY CHARGES
INTEREST EARNED
LOAN REPAYMENT
REFUNDS & REIMBURSEMENTS
OTHER
CONNECTION CHARGES
TOTAL
EXPENSE REPORT - WATER
SEWER/FUND
REFUSE
WATER
I VASTEWATER
TOTAL
72,242.20
(2,957.50)
180.00
43,567.10
4,873.70
21.00
188.00
(5,516.00)
(752.00)
1,520.00
167,938.60
1,775.10
0.00
411.80
2,234.20
918.10
286,644.30
59,908.00
500.00
674,972.99
(178.16)
9,026.85
446,166.37
50,234.41
564.17
1,384.00
(56,394.39)
(8,684.46)
2,729.30
1, 880, 733.23
15,502.21
48,704.51
49,736.02
8,371.40
17,139.94
800.00
3,201,216.39
33,811.77 448,004.02
136,344.75 826,542.90
64, 373.98 1,492,692.66
234,530.50 2,767,239.58
132,300.00
580,000.00
0.00
16,000.00
440,000.00
49,000.00
500.00
950.00
0.00
(7,000.00)
1,775,000.00
15, 000.00
125,000.00
0.00
3,000.00
2,000.00
3,131, 750.00
405,936.00
1,008,639.00
2,463,779.00
3,878,354.00
72,392.00 45.3%
(94,972.99) 116.4%
6,973.15
56.4%
(6,166.37)
101.4%
(1,234.41)
102.5%
(64.17)
0.0%
(105,733.23) 108.0%
(50221) 103.3%
76,295.49 39.0%
(49,736.02)
(5,371.40) 279.0%
(15,139.94) 857.0%
(800.00)
(124,060.10) 18.06
(42,068.02)
110.4%
182,096.10
81.9%
971,086.34
60.6%
1,111,114.42
71.4%
I
•
January 23, 1996
MEMO
The following funds need to be wired - interest payments
- February 1, 1996
• Chemical Bank 55 Water Street, New York, NY 10041
ABA# 021- 000 -128 for account of THE DEPOSITORY TRUST COMPANY
for Dividend Deposit Account # 066 - 026 -776
1990A G.O. Medical Facilities $ 98,276.25
1990
G.O. Taxable Medical
145,471.88
1990
Improvement Bonds
45,237.50
1991
Improvement Bonds
35,592.50
1992
Refunding Improvement Bonds
3,750.00
1992
Improvement Bonds
40,426.25
1993
Improvment Bonds
37,136.25
1994
Improvement Bonds
92,753.13
1995B
G. O. HATS
52,251.67
1995A
Improvment Bonds
135,758.33
$686,653.76
The following funds need to be wired - principal
� -/t <1)
Chemical
Bank, 55 Water Street,
New York, NY 10041
ABA# 021 -
000 -128 for
the account
of DEPOSITORY TRUST COMPANY
•
Municipal
Redemption
Account #
066 - 027 -306
� -/t <1)
• 1990 G. L. Taxable - Medical
1990 G.O Medical
1990 Improvement Bonds
1991 Improvement Bonds
1992 Refunding Improvement Bonds
1992 Improvement Bonds
1993 Improvement Bonds
1994 Improvement Bonds
19953 G. O. HATS
1995A Improvment Bonds
$70,000.00
0,000.00
200,000.00
140,000.00
150,000.00
180,000.00
150,000.00
220,000.00
0
0
$1,110,000.00
(FAX of document must be made at same time for principal payment)
11
1 1
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, December 19, 1995
1. CALL TO ORDER 5 30 P.M
The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following
members present: Craig Lenz, Bill Craig, Dan Prochnow, Glenn Matejka, Roger Gilmer, Bill
Arndt and Chairman Wood. Members Absent: None Also present: Planning Coordinator
Brenda Ewing, Director of Engineering John Rodeberg and City Attorney G. Barry Anderson
• � • • • ._ —� _ � . • ., a ..
Mr. Matejka made a motion to approve the minutes dated November 21, 1995, seconded
by Mr. Gilmer the motion carried unanimously.
■ s:
a) CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT
ORDINANCE SECTIONS 2.71 AND 5.22 PROHIBITING BOATHOUSES
Chairman Wood opened the hearing at 5:32 p.m. with the reading of publication
#4886 as published in the Hutchinson Leader on Thursday, December 7, 1995. The
request is for the purpose of considering an amendment to the Shoreland
Management Ordinance, Sections 2.71 and 5.22 to prohibit boathouses.
Planning Coordinator Brenda Ewing explained the recommendation by the DNR
hydrologist to prohibit boathouses. Discussion followed on the definition of
boathouse versus water oriented accessory structure and also setbacks of water
oriented storage buildings. There was discussion on the intent of the language and
the restrictiveness.
Mr. Craig moved to continue the hearing to January and directed staff to review,
seconded by Mr. Lenz the motion carried unanimously.
b) CONSIDERATION TO REZONE RECENTLY ANNEXED PROPERTY LOCATED
ALONG 5TH AVE. N.E. (GOEBEL PROPERTY) FROM R -1 (SINGLE FAMILY
RESIDENCE DISTRICT) TO 1 -1 (LIGHT INDUSTRIAL DISTRICT)
Chairman Wood opened the hearing at 5:45 p.m. with the reading of publication
#4887 as published in the Hutchinson Leader on Thursday, December 7, 1995. The
request is for the purpose of considering to rezone the recently annexed Goebel
property along 5th Ave. N.E. from R -1 to 1 -1.
Ms. Ewing commented on the recently annexed Goebel property located along 5th
Ave. N.E. She stated the rezoning is a housekeeping measure to keep the zoning
consistent in the area and that she has contacted Mr. Goebel regarding the
rezoning. Mr. Goebel has no objection to rezoning the property to 1 -1.
Mr. Prochnow made a motion to close the hearing, seconded by Mr. Gilmer the
hearing closed at 5:50 p.m. Mr. Lenz made a motion to approve the rezoning.
Is Seconded by Mr. Matejka the motion carried unanimously.
� -A.
Ill - ICIIINSOA ITANN'IN6 CONINIISSION %IIN(I I ES
DLUMBER 19. 1995
C) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTIONS 8.11,
8.12, 8.13, 8.14 AND 8.15 FOR ADDITION OF PAWNBROKER
ESTABLISHMENTS
Chairman Wood opened the hearing at 5:51 p.m. with the reading of publication
#4888 as published in the Hutchinson Leader on Thursday, December 7, 1995. The
request is for the purpose of considering an addition to the Zoning Ordinance
permitting Pawn Broker Establishments in C -3, C -4, 1 -1, 1 -2 and I/C Districts.
Brenda Ewing commented on the request to address the land use for Pawn Broker
Establishments. The City Attorney commented on the addition of Precious Metal
Dealers also. Discussion followed on the definition of Precious Metal Dealer. City
Attorney G. Barry Anderson explained the City Council will decide whether or not
the ordinance will include Precious Metal Dealers. There was discussion on the
land use decision and the fact the City Council will act on public policy. The
consensus of the Planning Commission is not to include Precious Metal Dealers.
Mr. Matejka made a motion to close the hearing, seconded by Mr. Lenz the hearing
closed at 5:57 p.m. Mr. Matekja made a motion to approve the land use for Pawn
Broker Establishments not including Precious Metal Dealers. Seconded by Mr.
Lenz the motion carried unanimously.
• o
a) CONSIDERATION OF STAFF RECOMMENDATIONS REGARDING POND
DESIGN CRITERIA FOR HUTCHINSON
Planning Coordinator Brenda Ewing commented on the standards regarding pond
design and the Best Management Practices. Director of Engineering John
Rodeberg explained the issues of runoff and drainage which create a need for
ponding. He stated the only standard available is the Best Management Practices
which regulates by slope and planted growth along the edge of the pond. Mr.
Rodeberg explained there is no support for fencing of ponds. He presented an
overhead on pond design and stated there will be more ponding in the city.
Discussion followed on ponds close to the street. Mr. Rodeberg explained it would
be more accessible near the street. There was discussion on liability issues.
b) CONSIDERATION OF HUSK[ ADDITION POND DESIGN
Mr. Rodeberg recommends a 10:1 or 8:1 slope with the pond 4 feet deep. He
stated there is no benefit to a deeper pond. The developer will be liable for the pond
on his property. The developer will revise the drawing by the January meeting.
Mr. Matejka made a motion to continue both items A and B until January and
directed staff to review. Seconded by Mr. Lenz the motion carried unanimously.
a) CONSIDERATION OF FINAL PLAT OF " KRSIEAN ACRES PLAT TWO"
SUBMITTED BY ANNA KRSIEAN
Ms. Ewing stated the dedication has not been received by the Riggotts. The
III ICIII�iti(lA I'I_.AAVIS(i CUr`I AIISSIUA' VIIAl IIS
UE'CEMri6R 19, 199
request will be continued to January.
b) CONSIDERATION OF PRELIMINARY PLAT OF "OLSONS COUNTRY VIEW'
LOCATED IN LYNN TWP.. SECTION 13, SUBMITTED BY ROGER OLSON
Brenda Ewing commented on staff recommendations requesting shared driveway
access and certified septic installers and inspectors. Mr Prochnow made a motion
to approve the preliminary plat with staff recommendations. Seconded by Mr. Arndt
the motion carried unanimously.
c) CONSIDERATION OF FINAL PLAT OF "BUSS SUBDIVISION" LOCATED IN
ACOMA TWP., SECTION 13, SUBMITTED BY FABIAN BUSS
Planning Coordinator Brenda Ewing explained this property is outside the proposed
Urban Boundary District and staff has no recommendation. Mr. Matejka moved no
recommendation noting the property is outside the Urban Boundary District.
Seconded by Mr. Gilmer the motion carried unanimously.
a) Discussion of Comprehensive Plan update of Landuse Map
Bonnie Baumetz explained the process used to update the maps for the
Comprehensive Plan and stated the staff would possibly review the Comp Plan by
quadrants. It was the consensus of the Planning Commission to review the maps
the complete city at one time and not by quadrant.
b) Discussion of County Comprehensive Plan sections relating to the city and urban
boundary district
Brenda Ewing explained the review by staff. She stated Jim Marka drafted a letter
to McLeod Zoning Administrator Ed Homan regarding areas of concern by the city.
C) Discussion of Joint Planning Board progress
Ms. Ewing updated the commission on the Joint Planning Board acting as an
advisory board holding the public hearing and bringing a recommendation to the
County Board. She stated a task force has been formed to discuss and recommend
the process to be used.
There being no further business the meeting adjourned at 6:40 p.m.
0
ORDINANCE NO. 95 -162 2ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING CITY CODE
SECTION 6.41 DEALING WITH THE REGULATION OF SECOND HAND GOODS
DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE, CITY CODE
CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS.
THE CITY OF HUTCHINSON ORDAINS:
Section 1. City Code, Sec. 6.41 is added and shall read as
follows:
SEC. 6.41. PAWN BROKER'S LICENSES.
Subd. 1. PUKpose The City Council finds that
pawnbrokers potentially provide an opportunity for the commission
and concealment of crimes. Such businesses have the ability to
receive and transfer stolen property easily and quickly. The City
Council also finds that consumer protection regulation is warranted
in transactions involving pawn brokers. The purpose of this
section is to prevent pawnbroking businesses from being used as
facilities for commission of crimes and to ensure that such
businesses comply with basic consumer protection standards, thereby
protecting the public health, safety and general welfare of the
citizens of the City.
Subd. 2. Definitions. The following terms, as used in
this Section shall have the meanings stated:
of 18 years.
A. "Minor" means any natural person under the age
B. "Oversized items" means large items such as
cars, boats, and other motorized vehicles and motorized equipment.
C. "Pawnbroker" means a person who loans money on
deposit or pledge of personal property or other valuable thing;
who deals in the purchasing of personal property or other valuable
thing on condition of selling the same back again at a stipulated
price; or who loans money secured by chattel mortgage on personal
property, taking possession of the property or any part thereof so
mortgaged. To the extent that a pawnbroker business includes
buying personal property previously used, rented, or leased, the
provisions of this section shall be applicable. Any bank, savings
and loan association, or credit union shall not be deemed a
pawnbroker for purposes of this section.
D. "Person" means one or more natural persons; a
partnership, including a limited partnership; a corporation;
including a foreign, domestic, or nonprofit corporation; a trust;
a political subdivision of the state; or any other business
organization.
E. "Secondhand item" means tangible personal
property, excluding motor vehicles, which has been previously used,
rented, owned or leased.
Subd. 3. License Required. No person shall engage in
the trade or business of pawnbroker within the city unless such
person is currently licensed under this ordinance.
Subd. 4. Exceptions to License Requirement.
A. A person who holds a motor vehicle dealer
license is exempt from the terms of this ordinance with respect to
motor vehicles.
Subd. 5. Persons Ineligible. The following are not
eligible for licensure under this Section:
A. Anyone not a citizens of the United States or a
resident alien;
B. A minor at the time the application is filed;
C. Anyone who has been convicted of any crime
directly related to the licensed occupation and has not shown
competent evidence of sufficient rehabilitation and present fitness
to perform the duties of pawnbroker or precious metal dealer under
Minnesota Statutes, Section 364.03, Subdivision 3, or a person not
of good moral character and repute;
D. Anyone who holds a liquor license;
E. Anyone who, in the sole judgment of the City
Council, is not the real party in interest or beneficial owner of
the business operated under the license.
F. Anyone who has had a pawnbroker license revoked
anywhere within five years of the license application.
G. In the case of an individual, anyone who is not
a resident of McLeod County; in the case of a partnership, the
managing partner is not a resident of McLeod County; or in the
case of a corporation, the manager is not a resident of Mcleod
County. The required residency must be established by the time the
license is issued and maintained throughout the existence of the
license and all renewals. The time for establishing residency, for
good cause, be extended by the Council.
Subd. 6. Places Ineligible. The following places are
not eligible for licensure under this Section:
A. No license shall be issued for any place or any
business ineligible for a license under City Ordinance or State
law.
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B. No license shall be issued for a place or
business which holds a liquor license.
C. No license shall be granted for operation on any
premises on which taxes, assessments or other financial claims of
the City or other government agency are delinquent and unpaid.
Subd. 7. License application.
A. In addition to any other information required by
any other government agency, every application for a license under
this Ordinance shall be made on a form supplied by the City, shall
be verified and shall contain not only the following information,
but such other information as the City may reasonably require:
1. Representations as to the applicant's
character;
2. The business in connection with which the
proposed license will operate;
3. Whether the applicant is the owner, and
operator of the business and if not, who is;
4. Whether the applicant has ever used or been
known by a name other than his /her true name, and if so, what was
• the name, or names, and information concerning dates and places
where used;
5. Whether the applicant is married or single.
If married, the true name, place and date of birth and street
address of applicant's spouse;
6. Street address at which applicant and
spouse have lived during the preceding ten years;
7. Kind, name and location of every business
or occupation applicant and spouse have been engaged in during the
preceding ten years;
8. Names and addresses of applicant's and
spouse's employers and partners, if any, for the preceding ten
years;
9. Whether the applicant or spouse has ever
been convicted of a violation of any state law or local ordinance,
other than a non - alcohol related traffic offense. If so, the
applicant shall furnish information as to the time, place and
offense for which convictions were had;
10. Whether the applicant or spouse has ever
been engaged as an employee or in operating a pawnshop or other
business of a similar nature. If so, applicant shall furnish
information as to the time, place and length of time.
-3-
11. Whether the applicant has ever been in
military service. If so, the applicant shall, upon request,
document all discharges.
12. If the applicant is a partnership, the
name and address of all partners and all information concerning
each partner as is required of a single applicant as above. A
managing partner, or partners, shall be designated. The interest
of each partner, or partners in the business shall be submitted
with the application and, if the partnership is required to file a
certificate as to trade name under the provisions of Minnesota
Statute, Chapter 333, a copy of the certificate certified by the
District Court Administrator shall be attached to the application.
13. If the applicant is a corporation or other
organization, the applicant shall submit the following:
a. Name, and if incorporated, the state
of incorporation;
b. A true copy of the certificate of
incorporation, articles of incorporation or association agreements;
c. The name of the manager or proprietor
or other agent in charge of, or to be in charge of the premises to
be licensed, giving all information about said person as is
required in the case of a single applicant.
d. A list of all persons who, single or
together with their spouse own or control an interest in said
corporation or association in excess of five percent or who are
officers of said corporation or association, together with their
addresses and all information as is required for a single
applicant.
14. A list of responsible persons, including
the names of owners, managers and assistant managers, who may be
notified or contacted by State of City employees in case of
emergency.
15. Whether the applicant holds a current
pawnbroker license from any other governmental unit and whether the
applicant is licensed under Minnesota Statutes, Section 471.924 or
325F.731 to 325.744.
16. Whether the applicant has ever been denied
a pawnbroker license from any other governmental unit.
17. The location of the business premises.
18. The legal description of the premises to
be licensed including a map of the area for which the license is
sought, showing dimensions, locations of building, street access
and parking facilities.
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19.
property taxes that are
licensed have been paid,
that are unpaid.
20.
appropriate.
Whether all real estate and personal
due and payable for the premises to be
and if not paid, the years and amounts
Other information which the City deems
No person shall make a false statement or material
omission in a license application or investigation. Any false
statement or material omission shall be grounds for denial,
suspension, or revocation of a license.
Each licensee shall have the continuing duty to
properly notify the City Administrator of any change in the
information or facts required to be furnished on the application
for a license. This duty shall continue throughout the period of
the license. Failure to comply with this section shall constitute
cause for revocation or suspension of the license.
The application for the renewal of any existing
license shall be made at least 90 days prior to the date of the
expiration of the license and shall be made on the form which the
Council provides.
Subd. 8. Fees
i A. Every applicant for a license shall pay to the
City the investigation fee specified by the City. This fee shall
be for the purpose of conducting a preliminary background and
financial investigation of the applicant. If the Council believes
that the public interest so warrants, it may require a similar
investigation at the time of renewal of any license. If an
investigation is ordered by the City Council at the time of license
renewal, the applicant shall pay the fee specified above, except
that the fee shall be the smaller of the stated dollar amount or
the actual cost of the investigation. There shall be no refund of
the investigation fee for any person after the investigation has
begun.
B. The annual fees for a pawnshop license shall be
established by the City Council.
C.
the year in which
the license year
months remaining
fraction of a moni
have elapsed.
Each license shall expire on December 31st of
it is issued. Fees for licenses issued during
shall be prorated according to the number of
in the year. For this purpose an unexpired
,h shall be counted as a whole month which shall
D. No refund of any fee shall be made except as
• authorized.by the City Council.
Subd. 9. Bond required. At the time of filing an
-5-
application for a license, the applicant shall file a bond in the
amount of $5,000 with the City Administrator. The bond, with a •
duly licensed surety company as surety thereon, must be approved as
to form by the city attorney. Said bond must be conditioned that
the licensee shall observe the ordinances of the City, in relation
to the business of pawnbroker, and that the licensee will account
for and deliver to any person legally entitled thereto any articles
which may have come into the possession of the licensee as
pawnbroker or in lieu thereof such licensee shall pay the person or
persons the reasonable value thereof.
Subd. 10. Granting of Licenses.
A. No license shall be issued until the Police
Department has conducted an investigation of the representations
set forth in the application, the applicant's moral character, and
the applicant's financial status. All applicants must cooperate
with this investigation.
B. No license shall be issued until the Council has
held a public hearing in such manner as the Council may direct. At
the public hearing all persons interested in the matter shall be
heard, and the hearing may be adjourned from time to time. No
hearing shall be required for a renewal of a license, but the
Council may, in its sole discretion, hold such a hearing.
C. After investigation and hearing, the Council •
shall, at its discretion, grant or deny the application.
D. Each license shall be issued only to the
applicant and for the premises described in the application. No
license may be transferred to another person or place without
application to the Council in the same manner as an application for
a new license. Transfer of 25 percent or more of the stock of a
corporation or of a controlling interest thereof, whichever is
less, shall be deemed a transfer of the license of a corporate
licensee. If the licensee is a corporation which is wholly owned
by another corporation, the same provisions about the transfer of
a stock or a controlling interest shall apply to that parent
corporation, any second parent corporation which wholly owns the
parent corporation, and all other similarly situated parent
corporations up through the chain of ownership. Transfer of this
amount of stock without prior Council approval is a ground for
revocation or suspension of the license. In addition, each day the
licensee operates under the license after a transfer has taken
place without obtaining Council approval shall be a separate
violation of this ordinance.
E. Any application for a license may be considered
by the City Council at the same time an applicant is requesting any
land use approvals needed for the site, including site plan review,
rezoning, or an amendment to the Comprehensive Guide Plan. Final
approval of a license shall not be granted until the City Council •
has given at least preliminary approval to any necessary land use
SZ
request. If an application is granted for a location where a
• building is under construction or not ready for occupancy, the
license shall not be delivered to the licensee until a certificate
of occupancy has been issued for the licensed premises.
F. In the case of the death of a licensee, the
personal representative of a licensee may continue operation of the
business for not more than 180 days after the licensee's death.
Subd. 11. Maintenance of Peace. Every licensee is
responsible for the conduct of his or her place of business and the
conditions of order in it. The act of any employee of the licensed
premises is deemed the act of the licensee as well, and the
licensee shall be liable for all penalties provided by this
ordinance equally with the employee, except criminal penalties.
Subd. 12. Display of License. Every license must be
posted in a conspicuous place in the premises for which it is used.
Subd. 13. Record Keeping. At the time of a receipt of
an item of property, every licensee shall immediately record, in
English, in an indelible ink, in a book or journal, which has page
numbers that are preprinted the following information:
A. An accurate description of the item of property
including, but not limited to, any trademark, identification
. number, serial number, model number, brand name, or other
identifying mark on such item;
B. The date and time the item of property was
received by the licensee.
C. The name, address, and date of birth and
reasonable accurate physical description of the person from whom
the item of property was received.
the item.
D. The amount of money loaned upon or pledged for
E. The identification number from one of the
following forms of identification of the person from whom the item
was received:
1. a valid Minnesota photo driver's license;
2. a Minnesota photo Identification card;
3. a photo identification card issued by the
state of residency of the person from whom the item was received,
and one other valid form of identification;
4. passport; or
5. military photo identification.
F. Such other information as law enforcement
officials or the City may reasonably require.
-7-
Subd. 14. photographic Record. A pawnbroker must obtain •
a photograph of each person selling or pawning any firearm. The
pawnbroker shall notify the person being photographed prior to
taking his or her picture. The photograph shall be at least two
inches in length by two inches in width and shall be immediately
developed and referenced with the information regarding the person
and the item sold or pawned. The major portion of the photograph
shall include a front facial pose. The photograph shall be
retained by the pawnbroker for at least 30 days.
Subd. 15. Inspection of Records. The licensee shall
make available the information required above at all reasonable
times for inspection by Law Enforcement Officials. The information
required in Subsection 4 shall be retained by the pawnbroker for at
least four years.
Subd. 16. Receipts. The licensee shall provide a
receipt to the seller or pledger of any item of property received,
which shall be numbered to correspond to the entry in the
licensee's records and shall include:
A. The name, address, and phone number of the
pawnbroker.
B. The date on which the item was received by the
pawnbroker.
C. A description of the item received and amount
paid to the pledger or seller in exchange for the item pawned or
sold, and whether it was pawned or sold.
D. The signature of the pawnbroker agent.
E. The last regular business day by which the item
must be redeemed by the pledger without risk that the item will be
sold and the amount necessary to redeem the pawned item(s) on that
date.
F. The annual rate of interest charged on pawned
items received.
G. The name and address of the seller or pledger.
Subd. 17. Reports to Police. For the types of items
listed below, the licensee must submit to the City Police
Department on a daily basis a list of the specific items purchased
or received that day. The list must be on forms approved by the
City.
A. Any item with a serial number, identification
number, or "Operation Identification" number;
B. Cameras;
ME
C. Electronic, audio, video or radar detection
equipment;
D. Precious jewelry, gems and metals;
E. Artist - signed or artist - attributed works of art;
F. Firearms;
G. Any item not included in (A) - (F) above which
the licensee intends to sell for more than $200, except for
furniture and kitchen or laundry appliances.
Subd. 18. Stolen or Lost Property. A pawnbroker must
report to City police any item pledged or received, or sought to be
pledged or received, if the licensee has reason to believe that the
article was stolen or lost.
Subd. 19. Police Restrictions on Sale or Redemption.
Whenever the City Police Department notifies the licensee not to
sell an item, the item shall not be sold or removed from the
licensed premises until authorized to be released by the City
Police Department.
Subd. 20. Redemption or Sale. Any item received by the
licensee for which a report to the City police is required shall
not be sold or otherwise transferred , or in the case of precious
metal, melted down or dismantled, for 30 days after the date of
such report to the police. However, a person may redeem a pawned
item 72 hours after the item was received by the licensee,
excluding Sundays and legal holidays.
Subd. 21. Inspection of Items.
A. Inspection by City. The licensee shall, at all
times during the term of the license, allow the City Police
Department to enter the premises where the business is located and
any other premises where items purchased or received as part of the
business are stored, for the purpose of inspecting such premises
and the merchandise therein to locate items suspected or alleged to
have been stolen or otherwise improperly disposed of.
B. Inspection by Claimants. Additionally, all the
items coming into possession of the licensee shall at all times be
open to inspection and right of examination of any person claiming
to have been the owner thereof or claiming to have any interest
therein, when such person is accompanied by a police officer.
Subd. 22. Payment by Check. Payment by the licensee for
any article deposited, left, purchased, pledged or pawned, shall be
made only by check, draft, or other negotiable or nonnegotiable
instrument or order of withdrawal which is drawn against fund held
by a financial institution.
ELM
Subd. 23. Gambling. No licensee may keep, possess, or
operate, or permit the keeping, possession, or operation on the
licensed premises of dice, slot machines, roulette wheels,
punchboards, blackjack tables, or pinball machines which return
coins or slugs, chips, or tokens of any kind, which are redeemable
in merchandise or cash. No gambling equipment authorized under
Minnesota Statutes, Section 349.11 - 349.61, may be kept or
operated and no raffles may be conducted on the licensed premises
or adjoining rooms. The purchase of lottery tickets may take place
on the licensed premises as authorized by the director of the
lottery pursuant to Minnesota Statutes, Section 349!.01 - 349A.15.
Subd. 24. Oversized Items. All items must be stored
within the licensed premises building, except the City may permit
the licensee to designate one locked and secured warehouse building
within the City which the licensee may store oversized items. No
item may be stored in the designated warehouse building that is not
reported in the journal. The licensee shall permit immediate
inspection of the warehouse at any time during business hours by
the City and failure to do so is a violation of this Ordinance.
Oversized items may not be stored in parking lots or other outside
areas. All provisions regarding recordkeeping and reporting shall
apply to oversized items.
Subd. 25. Off Site Sales /Storage. All items accepted by
a licensee at a licensed location in the City shall be for pledge
or sale through a licensed location in the City. No licensee under
this Section shall sell any items which are transferred from a
nonlicensed facility or a licensed facility outside the City.
Subd. 26. Restrictions on Weapons.
A. A licensee may not receive as a pledge or
otherwise, or accept for consignment or sale, any firearm as
defined in section 515.01, Subd. 3 of this Code, unless the
licensee also maintains a federal firearms dealer's license.
B. A licensee may not receive as a pledge or
otherwise, or accept for consignment of sale, any assault weapon as
defined in section 515.01, Subd. 2 of this Code.
Subd. 27. Suspensions and Revocations of License.
A. Delinquent Taxes. The City Council may suspend
or revoke a license issued under this Chapter for operation on any
premises on which real estate taxes, assessments or other financial
claims of the City or of the State are due, delinquent, or unpaid.
If an action has been commenced pursuant to the provisions of
Minnesota Statutes Chapter 278, questioning the amount of validity
of taxes, the Council may on application by the licensee waive
strict compliance with the provision; no waiver may be granted,
however, for taxes, or any portion thereof, which remain unpaid for
a period exceeding one year after becoming due unless such one year
period is extended through no fault of the licensee.
-10-
B. Violations. The Council may either suspend for
up to 60 days or revoke any license or impose a civil fine not to
exceed $2,000 for each violation upon a finding that the licensee
or an agent or employee of the licensee has failed to comply with
any applicable statute, regulation or ordinance. No suspension or
revocation shall take effect until the licensee has been afforded
an opportunity for a hearing pursuant to Minnesota Statute Section
14.57 to 14.69. Any conviction by the licensee for theft,
burglary, robbery, receiving stolen property or any other crime or
violation involving stolen property shall result in the immediate
suspension pending a hearing on revocation of any license issued
hereunder.
Section 2. City Code Chapter 1 entitled "General Provisions
and Definitions applicable to the Entire City Code Including
Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This ordinance shall take effect upon its adoption
and publication.
1996. Adopted by the City Council this 9th day of January ,
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz, City Administrator
Published in the Hutchinson Leader
First reading:
Second readina:
0
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ar-m oN EAwmfwA PUBL /C WORKS DEPARTMENT
Hutchinson City Center/ III Hassan Street SE / Hutchinson, Minnesota 55350 -2522 /Phone (612) 234 -4209 /FAX (612) 234 -4240
•
ENGINEERINGREPORT
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineenng/Public Works
DATE: January 23, 1996
SUBJECT: Letting No. 3/Project No. 96-04
I have studied the following areas and find that the proposed project is feasible and recommend it be
constructed. If acceptable, I recommend a hearing be held on the 13th day of February, 1996 at 6:00 pm.
Project No. 96-04: Bluff Street and Adams Street from 4th Avenue NE to Washington Avenue by
storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and
gutter, bituminous base, bituminous wear course, bridge construction and appurtenances.
Construction Cost
Right -of -Way Cost
5655,000.00
$175,000.00
Engineermg/Admmistration
$104,800.00
Fiscal/Legal/Interest
$ 52,400.00
ESTIMATED TOTAL
$982200.00
Assessable Cost
$ 50,000.00
Deferred Assessable Cost
$ 0.00
City Bonded
$ 87,200.00
City Other Funds
$ 0.00
MSA
$500,000.00
Mn/DOT
S 0.00
Federal Funds (ISTEA)
S350,000.00
ESTIMATED TOTAL
5987.100.00
cc Cal Rice - Engineering Department
file_ L3:96-04
s
y 6 Cad
RESOLUTION NO. 10624
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO. 3
PROJECT NO. 96-04
WHEREAS, it is proposed to improve Bluff Street and Adams Street from 4th Avenue NE to
Washington Avenue by storm sewer, sanitary sewer and services, watermain and services, grading, gravel
base, concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and
appurtenances.
WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
THAT, the proposed improvement be referred to the D of Engineering for study and that he is instructed
to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement as recommended.
Adopted by the Council this 23rd day of January, 1996-
Mayor
City Administrator
RESOLUTION NO. 10625
• RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
LETTING NO. 3
PROJECT NO. 96-04
WHEREAS, pursuant to a resolution of the Council adopted January 23, 1996, a report has been prepared by
the Director of Engineering, with reference to the improvement of Bluff Street and Adams Street from 4th Avenue NE
to Washington Avenue by storm sewer, sanitar sewer and services, wacermain and services, grading, gravel base,
concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and appurtenances. Said report
was received by the Council on January 23, 1996.
NOW, THEREF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The Council will consider the improvements of such streets in accordance with the reports and the assessment
of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Starutes, Chapter 429,
at an estimated total cost of the improvement of $990,000.00.
2. A public hearing shall be held on such proposed improvements on the 15th day of February, 1996, in the
Council Chambers of the Hutchinson City Center at 6:00 PM., and the Clerk shall give mailed and published notice of
such hearing and improvements as required by law.
Adopted by the Hutchinson City Council this 23rd day of January, 1996.
•
Mayor
City Administrator
0
y �.3.
RESOLUTION NO. 10626
. RESOLUTION ESTABLISHING LOCATION
FOR TRAFFIC CONTROL DEVICES
WHEREAS, the Director of Engineering and the Police Chief agree that the following
areas have traffic control concerns which warrant traffic control devices, and;
WHEREAS, the Hutchinson City Council has the authority to establish locations as
points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1
of the Hutchinson City Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUTCH NSON:
That the Council hereby establishes that a traffic control device known as a "Not a Through
Street" sign shall be erected at the following location:
East of Echo Drive SE on Fremont Street SE (replaces "Dead End" sign)
That the Council hereby establishes that a traffic control device known as a "Stop" sign shall
• be erected at the following locations:
On Hilltop Drive NE at Pauls Road NE (2 signs)
Adopted this 23rd day of January, 1996 by the City Council of Hutchinson, Minnesota.
Mayor - Marlin Torgerson
City Administrator - Gary D. Plotz
0
q &y)
CITY OF HUTCHINSON
RESOLUTION N0, 10627
RESOLUTION ADOPTING CENTRAL GARAGE FUND BUDGETS FOR FISCAL YEAR 1996
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT the annual budget of the City of Hutchinson for the fiscal year 1996,
which has been submitted by the City Administrator and approved by the City
Council is hereby Adopted; the total of said budgets and the major division
thereof being as follows:
CENTRAL GARAGE FUND
Charges for Labor /Parts /Vehicle Rent .8301,659.00
Interest 2,000.00
Other 33.500.00
Total 8337,159.00
Expenditures
Personnel Services 53,599.00
Supplies. Repair, Materials 64,300.00
Other Service and Charges 30,680.00
Depreciation 110,000.00
Miscellaneous 2,200.00
Capital Outlay 92.300.00
Total 8353,079.00
BE IT FURTHER RESOLVED:
THAT the City Administrator be directed to cause the appropriate accounting
entries to be made in the books of the City.
Adopted by the City Council this 23rd day of January 1996.
Marlin Torgerson
ATTEST: Mayor
Gary D. Plotz
City Administrator
4 B (5)
RESOLUTION NO. 1067R
CITY OF HUTCHINSON
1]
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Workstation - Eng. Sec.
6,763
New work area
Eng
General Office Prod.
Reception work station
Rec Center
5,633
Remodel work area
Pk /Rec
Yes
LeRoy Schneling
Ads
Spreader
7,850
Sludge spreading
WWTP
Yes
Schram lmplsent
S.D. Tractor /Bower /Blower
7,455
New
Water
Yes
LSP Supply Co.
*City Hall Construction Finds
The following items were authorized due to an emergency need:
ITEM I COST I PURPOSE I DEPT. I BUDGET I VENDOR
Date Approved:
Motion made by:
O econded by: _
Resolution submitted for Council action
by:
q 6 <(°)
0
M E M O R A N D U M
• -r
TWITM Me
r•i..r •.r . e u•r W WW r
Attached is a listing of the delinquent water and sewer accounts
• for the month of Jan. Recommend service be discontinued on Monday,
Jan 29th, 1996 at Noon.
•
—e-
2- 050- 0614 -0301 350 - 0325 -000
Dennis Wedge Xale 614 3rd Ave SW 3 Hu tchinson MN 55350 N 55350
614 3rd Ave SW 3 192.43 1
2- 070 - 0730 -0101 2- 350- 0505 -0201
Bob Conklin Richard Mattson
430 4th Ave SW 505 Dale St
Hutchinson MN 55350 Hutchinson MN 55350
430 4th Ave SW 505 Dale St
115.89 93.52
2- 070 - 0535 -0504 2-400- 0750 -0601
David Hall Christine Schulte
535 4th Ave SW 750 Graham St
Hutchinson MN 55350 Hutchinson MN 55350
535 4th Ave SW 750 Graham St
93.42 98.98
2- 070 - 0746 -0001
2 -440- 0775 -0701
Micheal Evans
Mike Bibeau •
746 4th Ave SW
1233 7th St S
Hutchinson MN 55350
Waite Park Mn 56387
746 4th Ave SW
775 Graham St
186.97
151.74
PROMISES 1 -25 -96
PROMISES 1 -26 -96
•
2- 465- 0606 -0202
2- 310- 0934 -0202
Paul Lipinski
Wm Herdina
606 Harmony La
934 Church St
Hutchinson MN 55350
Hutchinson MN 55350
606 Harmony La
934 Church St
76.39
194.01
PROMISES 1 -26 -96
PROMISES 2 -2 -96
•
2- 465- 0626 -0801
2- 350 - 0317 -0003
Chris Johnson
Scott Corrow
626 Harmony La
317 Dale St
Hutchinson MN 55350
Hutchinson MN 55350
626 Harmony La
317 Dale St
102.76
101.03
PROMI SES 1 -26 -96
•
• 2- 470 -0715 -0301 2- 700 - 1320 -0001
E Duesterhoeft Ronald J Thompson
715 Harrington St 1320 McDonald Dr
Hutchinson MN 55350 Hutchinson MN 55350
715 Harrington St 1320 McDonald Dr
122.08 124.37
2- 620 - 0530 -0502 2- 725- 0955 -0504
Dan Carrigan Greg Curry
530 Larson St 955 Milwaukee Ave
Hutchinson MN 55a350 Hutchinson MN 55350
530 Larson St 955 Milwaukee Ave
121.56 61.04
2- 670 - 0230 -0705 2- 785- 0946 -0402
Mike Jaster Dr Lobeck
230 Lynn Rd 946 Osgood Ave
Hutchinson MN 55350 Hutchinson MN 55350
230 Lynn Rd 946 Osgood Ave
123.55 152.74
2- 670 - 0400 -0109
2- 791 - 0610 -0101
• John Sandahl
William Murtha
400 Lynn Rd
610 Park Island Dr
Hutchinson MN 55350
Hutchinson MN 55350
400 Lynn Rd
610 Park Island Dr
113.47
233.88
2- 670 - 0585 -0804
2 -805- 0325 -0106
Robert Stone
Terry Bisbee
585 Lynn Rd
325 Pishny La E
Hutchinson MN 55350
Hutchinson MN 55350
585 Lynn Rd
325 Pishey La E
116.10
105.00
PROMISES 1 -26 -96
2 -675- 0544 -0301
Keith Krommenhouk
544 Madson Ave
Hutchinson MN 55350
544 Madson Ave
84.81
•
3- 735- 0441 -0304
Liz Maurer
Rt 2 Box 104
Buffalo Lake MN 55314
441 Monroe St
76.22
2- 035- 0505 -0510
Mike Mooney
65 Games Farm Rd
Maple Plain MN 55359
505 2nd Ave SW
18.52
PROMISES 1 -26 -96
11
C
L J
City of Hutchinson
•
0
FEE: APPLICATION FOR GAMBLING DEVICES LICENSE Approved by:
Building _
Fire _
Application shall be submitted at Police _
least _ days prior to the Gambling occasion
L "C_� AND I
Name of L . Authorized Offi er of Name of Designated Gambling
Organization Manager
Hereby submit in duplicate this application for a license to conduct
Gambling devices in accordance with the provisions of the City of
Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349
for the license year ending 7 & .
Si natures:
AV �{2( lc.f C�z�(
A hori�d Officer of rranization
Designated Gambling ger of
organization
A. The following is to be completed by the duly authorized officer
of the organization:
1. True Name:
last)
(firs)
V -It M S
(middle)
2. Residence Address: { I7 1< �1F S I ' Et' +k Nub
(street) (city) (state) (zip)
3. Date of Birth: &' /(< /C 4. Place of Birth CIrNccg NiN
(mo /day /year) (city /state)
5. Have you ever been convicted of any crime other than a traffic
offense? Yes No X If Yes, explain
B. The following is to be completed by the designated gambling manager
of organization:
1. True Name: llif��cT� �✓t���e"� Ste✓P
(last) (first) (middle)
2. Residence Address: I1 " .2 1/6 ST,-. G/F,.,ccr Al IV
(street) (city) (state) (zip)
3. Date of Birth: (o Z 2 3 7G 4. Place of Birth: wcJ ertc�. i MITI
(mo /da /year) (city /state)
4b
5. Have you ever been convicted of any crime other than a
traffic offense? Yes No , ,X — . If yes, explain
6. How long have you been a member of the organization? I�Ctr
7. Attach a copy of the official resolution or official action
designating you gambling manager.
C. Game Information:
1. Place where gambling devices will be used Fyk?rs /N+ D o o r u�;;��
2. Date or dates gambling devices will be used Mart — -Scx-t
(date and /or day(s)
3. Hours of the day gambling devices will be used: of week)
From S_ M. To a se A.M.
P. • P.M.
4. Maximum number of players YO
5. Will pr;zes be paid in money or merchandise? rw oaae�
6. Will refreshments be served during the time the gambling
devices will be used? Yes X_ No . If so, will a charge
be made for such refreshments? Yes NO
D. Organization Information:
1.
Address where regular meetings are held 721
-
`'_ _
2.
sr
Day and time of meetings f TA J c f
3.
Is the applicant organization organized under the
laws of
the
State of Minnesota? Yes >— No
4.
How long has the organization been in existence?
4a.
How many members in the organization?
5.
What is the purpose of the organization? SNclr r7nbrim
/s,
6.
. L4*
Officers of the Organization: i�� M c L end
T y .
Name Address
Title
G Ar�vl`7AllsK 1eg97 Ks+IE C' /Ll EZL*KE r+ r
1�J�'Fs�
p nrcwAK �o77T K�+rF 5;;lU4F+Z .5E
7. Give names of officers or any other persons paid for services
to the organization:
Name
Address Title
A
•
D. Organization Information: (Continued)
8. In whose custody will organization records be kept?
Name kk,: -2 , Address i zczz iIc 5rp. 6�eK
9• If the organization carries sufficient insurance to compensate
the players in the event any injury is sustained by players
while gambling devices are used, or while on the licensed
premises, please state the
Name of Insurer and Policy No.
10. Have you (Manager & Officer) read, and do you thoroughly
understand the provisions of all laws, ordinances, and
regulations govern the operation and use of gambling devices?
11. Attach a list of 1 active members of he organization.
E. The following information is provi
bond given by the gambling manager
1. Name of bonding company h a=r
2. Address of bonding company (p01
3• Amount and duration of bond _
4. Application is hereby made for
requirements. Yes T No >�
led concerning a fidelity
In favor of the organiz tion.
e 4
. Il:� � � • e� 3
waiver of the bonding
I declare that the information I have provided on this application
is truthful, and I authorize the City of Hutchinson to investigate
the information submitted. Also, I have received from the City of
Hutchinson a copy of the City Ordinance No. 655 relating to gamblimg,
and I will familiarize myself with the contents thereof.
X _iJmLti1 '�lL( cL.CC�� G�
Signatu e of authorized officer of organization
;"Date: / - /G - - `I �/-
S bscribed and sworn to before me aotary public on this day of
19� %
ignature of Notary B is
Commission expires on /- 3 co
Subscribed and sworn to before me a notary public on this day of
19
Signature of Notary Public
Commission expires on
Social Security Number: s UDITNA.MROW"
NO T NINNEAOTA
MN Business ID Number: NICDYI�6piM1d1-00
The Crow River Sno Pro's, Inc. do hereby name Andrew Kirchoff as gambling manager over
charitable gambling issues on this fifteenth day of January, 1996. This named position will be
responsible for directing and overseeing all gambling events which are licensed to the
aforementioned organization. All gambling activities will abide by rules and regulations set forth
by the State of Minnesota, the Minnesota Gambling Control Board, and any local authority and
ordinances.
Gary Mallak Rodney Mathews Deb Nowak Andrew Kirchoff
President Vice President Secretary Gambling Manager
0
WQ �Og+Nr C•
SHO T PROS, IN
SILVER LAM MN SMI
V
mw=
C
Z
V
CITIZENS BANK °t W a-CX-
®8t TRUST CO-
IF
i�
Be sure to qiw &Wren or lot and block numbers
DATE -1. RECEIPT N2 - 81717
RECEIVED OF \S�b�l�►�e�v�{lt��f\Cr -� h!_ s �X1 al _
In u !v art) Payment of �N kr ^� itL
City of Hutchinson
By
1001
ry jssj91s � yGIN"
i0
C
• r r rr ► ..r
DATE: January 17, 1996
IV
'• .. r r rr ..rr r• .reu .r
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 November, 1995, the Hutchinson Planning Staff requested an amendment to the Hutchinson Zoning
Ordinance #464 Chapter 11 - Shoreland Management Ordinance Section 2.71 and 5.22 to prohibit
boathouses as follows:
0 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'oiiented accessory
structures, storage,'V*Idings, or otherwise, are prohibited. Expansion of or addition to existing
boathouses is a(sbpro b lii.
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 boatheuse9, gazebos, screen houses, fish houses, pump
houses, and detached decks. 'Boathouses 'aid ° - not permifte nor Consideied "es water
ry
accesso- titres; ...__._
City Center
111 Hassan Street SE
utchinson, 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
- Priwed an recycled paper -
Police Services
10 Fran t l h Street SW
Hutchinson,
(612).
Fax (612 �I E
Finding Of Fact
Amendment to Shoreland Ordinance
Page 2
5.22 Design Criteria For Structures
B. (6) Water-oriented accessory structures used ppicJpall - �pjppi�ited,
FINDINGS OF FACT
I . All procedural requirements for amendments to the Subdivision Ordinance have been complied with.
2. Notice was published in the Hutchinson Leader on Thursday, December 7, 1995.
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 Tuesday, December 19, 1995,
and continued to January 16, 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 Hutchinson
Zoning Ordinance #464, Chapter 11, Hutchinson Municipal Code be denied as set forth above. It is the
recommendation that staff draft new language for clarity and proceed with another public hearing on the
issue.
Respectfully submitted,
Dean Wood, Chairman
Hutchinson Planning Commission
•
MEMO
I
To: G. Barry Anderson, City Attorney
From: Hutchinson Planning Staff
Subject: AMENDMENT TO SHORELAND ORDINANCE PROHIBITING BOATHOUSES
Date: January 17, 1996
At last evening's Planning Commission meeting, the Commission recommended denial of the
proposed amendments to the Shoreland Management Ordinance, Sections 2.71 and 5.22, prohibiting
boathouses.
Mr. Skip Wright, D.N.R. Hydrologist, was present to consult on this matter and immediately after
his presentation the Commission directed legal counsel to submit revised language prohibiting
boathouses and all other structures with exception of docks, decks (up to 150 sq. ft.) And boat lifts
from within the Shoreland Impact Zone.
The Commission also directed staff to consult with McLeod County on this matter and after doing
so it appears questionable that this standard would be acceptable throughout the county.
The intent of this memo is to request revised language by February 1, 1996 to accommodate the
February 20, 1996 public hearing.
cc: Planning Staff
Planning Commission
Ed Homan, McLeod County Zoning Administrator
City Council
• City Center
III 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 rec)rled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(612) 587 -2242
Fax(612)587 -6427 E
PUBLICATION NO. 4886
PUBLISHED IN THE HUTCHINSON LEADER Thursday. December 7, 1995
NOTICE OF PUBLIC HEARING
To Whom it May Concern:
Notice is hereby given that a public hearing will be held on Tuesday, December 19, 1995, at 5:30
p.m. in Council Chambers at City Hall for the purpose of considering an amendment to City
Code, Chapter 11, Zoning Ordinance 464, Appendix A, Shoreland Ordinance, Sections 2.714,
2.753 and 5.22, to prohibit 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 beathenses, 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 sportin oeetipy an afea u to 409
squwe feet provided the maximum ��idlh o ng #44P q0A #q1 R .
eorkSguration of the shereline. .__ .9 20 feet as meastifed Fafallel to the
This hearing will be held by the Planning commission of the City of Hutchinson. At such hearing,
all interested persons may be heard. If you would desire to appeal the Planning Commission's
recommendation, you can take your request to the City Council, which has the power to overrule the
decision of the Planning Commission.
City A strato
December 1. 1995 •
Dated
�r
Ll
i
ARNOLD. ANDERSON & DOVE
PROFESSIONAL LIMITED VAOILITT PAATNERSNIP
DAVID B. ARNOLD
STEVEN A. ANDERSON
G. BARRY ANDERSON
LAURA K. FRETLAND
DAVID A. SRUEGGEMANN
PAUL D. DOVE
RICHARD G. MCGEE
CATHRYN D. REHER
GIN^ M. BRANDT
BRETT D. ARNOLD
-"I APMITTEO IN 1EAAE 'NO NEw ""I'
Ms. Brenda Ewing
Planning Coordinator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
December 1, 1995
OF COUNSEL
RAIMONO C. LALLIER
JANE VAN VALKENBURG
ARTHUR L. DOTEN
5681 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 554
1612
FAX (61 2 545 - 1 793
501 SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
1612 3892214
FAX 1 612 1 3895506
Re: Boathouse Language
Our File No. 3188 -87087
Dear Brenda:
I have had an opportunity to review the proposed changes to the
shoreline management ordinance with regard to definition and use of
the term "boathouse."
The proposed changes as outlined are satisfactory.
Rather than trying to pick out specific references in the ordinance
where the term boathouse ought to be mentioned and then such use
specifically prohibited, I would revise the last section of 2.714
to read as follows:
Boathouses, whether considered as water oriented accessory
structures, storage buildings, or otherwise, are prohibited.
Expansion of or addition to existing boathouses is also
prohibited.
0
I would also suggest that some consideration be given to the
definition of boathouse. As now defined, it references a facility
used "solely" for the storage of boats or boating equipment. If I
store some yard rakes and other gardening utensils in my boathouse,
because the facility is no longer used "solely" for boating
purposes, is it now permitted as opposed to prohibited? I would
suggest that the word "principally" should be substituted for the
word "solely" so that this possibility, however remote, can be
addressed.
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 - 2563
16127 567 -7575
FAX 1612 587.4096
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Brenda Ewing
December 1, 1995
Page 2
A facility large enough to store a boat, plus assorted other goods,
would no longer be considered, I would think, a "small, above
ground building" and thus could not be a water oriented accessory
structure or facility.
I hope these points of clarification are helpful to you in dealing
with this issue. Thank you. Best regards.
Very truly
ARNOLD, AV4M9 j//DOVE, P.L.L.P.
G. Barvgrfddrrson
GBA:lm
3Ck,
DATE: December 5, 1995
TO: Hutchinson Planning Commission
FROM: Planning Staff - J. Rodeberg, J. Marka, B. Ewing, M. Hensen, B. Anderson,
M. Chelin, L. Huhn and C. Stotts
SUBJECT: CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT
ORDINANCE TO DELETE A PORTION OF SECTIONS 2.7 AND 5.2
REGARDING BOATHOUSES
The Planning Staff recommends approval of the amendment to delete boathouses,
• promote utility sheds, docks and storage buildings and prohibit the expansion of existing
boathouses.
LJ
CirY Center
111 Hassan Street SE
Hutchinson. MN 55350 -1522
(612) 587 -515 1
Fax (6/2)234.4240
Parks 6 Recreation
900 Harrington Street SW
Hutchinson. MN 55350 -3097
(612) 587.2975
Far(612)234 -4240
PnmvJ.m ,,, .'
Police Services
/0 Franklin Street SW
Hutchinsot, MN 55350 -2464
1612) 587 -2242
Far(612)587.6427
MEMORANDUM
DATE: January 17, 1996
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF STAFF RECOMMENDATIONS REGARDING POND
DESIGN CRITERIA FOR HUTCHINSON
The Planning Commission made a recommendation to approve the Stormwater Detention
Pond Interim Standards with the recommended changes: Adding a number 6 stating
"Cannot infringe on drainage and utility easements" and possibly including safety issues.
Also cross referencing the Best Management Practices Standards for policy.
City Center
I1 Hassan Street SE
rchinson, MN 55350 -2522
(612) 587 -5151
Far (612) 234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Far(612)234 -4240
- Pnued on recycled paper -
Police Services
10 Franklin.
Hutchinson, M
(612)58,
Far (612) , L
M E
5. 1
TO: Planning Commission
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Stormwater Detention Ponds - Interim Standards
U M
As noted at the last Planning Commission, state and local agencies do have a common standard for
stormwater detention ponds. These standards were the ones previously presented to the Planning
Commission.
Based on these standards ( " Best Management Praclices for Minnesota " and the "National Urban
Runoff Program [N'URP] Design Recommendations'), and discussion w ith our Water Resource
Consultant (Barr Engineering). the following interim standards are recommended:
I. Ponds shall have an average pool depth (basin volume /basin area) greater than or equal to -1 feet
and less than 8 }A feet. The deepest portion of the pond shall not exceed 10 feet in depth
2. Basin side slopes shall be no steeper than 3:1, preferabl% flatter. A basin shelf with a minimum
width of 20 feet and a 10:1 slope (1 foot deep below, and 1 foot height above) the normal water
level shall be constructed. The perimeter of the pond shall be planted with aquatic vegetation.
3. A vehicle access of at least 15 feet in width shall be provided, with a maximum slope of I j%
4. The distance between the inlet and outlets shall be maximized.
5. The outlet shall be designed to provide for a trash rack to prevent clogging and increase public
safety. It shall also be designed to allow for the pond to be drawn down at the time of cleaning.
These standards shall remain in -place until the final Stormwater Management Plan is approved by
the City.
ec: Brenda Ewing
file: Stormwater Management Plan
City Center
111 Hassan Street SE
Hutchinson. MN 55350 -2512
(612) 587 -5151
Far(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
1612) 587 -2975
Fax (612) 234 -4240
- Pnrued o recpcled paper -
Police Seri
10 Franklin Street St4'
Hutchinson.AfN 55350 -2464
x612) 587 -2242
Fax i 612) 587.6427
M O R A N D
s n
lr+�
DESCRIPTION AND PURPOSE
Detention ponds are impoundments that have a
permanent pool of water and also have the capacity
• to temporarily store storm water runoff until it is
released from the structure. This capability to hold
runoff and release it at lower rates than incoming
flows has made the detention pond a popular practice
for flood control and storm water management If
the detention pond will be used for water quality
Improvement, as well as for flood control, additional
Planning and design considerations will reed to be
incorporated. These considerations, which involve
the size and shape of the permanent pool, are
explained below.
TARGET POLLUTANTS
Detention ponds are used to interrupt the transport
phase of sediment and pollutants associated with it
such as trace metals, hydrocarbons, nutrients, and
pesticides. When designed according to the
recommendations given below, detention ponds can
also provide some removal of dissolved nutrients.
Detention ponds also reduce the amount of bacteria
and oxygen-demanding substances in runoff.
EFFECTIVENESS
Detention ponds are one of the most effective BMPs
available for treatment of urban runoff. During a
storm, polluted runoff enters the detention pond
basin and displaces "clean" water until polluted
runoff reaches the outlet of the sttvcnue. When the
polluted runoff does reach the outlet, it will have
been diluted by the water previously held in the
basin. This reduces the pollutant concentration of
the outflow.
After the storm, Cute suspended solids in the pond
will have a relatively long period of time to settle out
until the next storm occurs. In addition to efficient
setting. this long detention time also allows some
removal of dissolved nutrients through biological
uptake (Walker. 19th. These nutrients are mainly
removed by algae and aquatic plants. After the algae
die, the mutrients can settle to the bottom of the pond
and become pan of the sediments.
This process results in good pollutant removal from
small storm events. Runoff from larger storms will
receive treatment, but not to the high level of smaller
storm runoff. Studies have shown that because of
the frequency distribution of storm events, good
control for these small storms is very important to
allVg9
4.1.1
long -term pollutant removal. If a detention basin is
constructed according to the recommendations
Provided here, long-term pollutant removal
efficiencies illustrated in Figure 4 1.1 can be
expected.
1 0 ,
a a
_3.
Cost
suP«,aa
o■rvM o
Tort Pno
N9rar 1WY
Near ►a
Cower
Load
recommended for each acre-foot of storage in the
Pond. For sites with small drainage arcs
supplemental water may be needed if a permanent
Pool is desired.
Locatios
Flpluro 1.1.1: Typlcel yet detention pond Performance
SoYrea: Waaar, 1987a
PLANNING CONSIDERATIONS
Site suitability
The site for A proposed deterulon pond should have
suitable solb to prevent excessive seepage, if
seepage Arid evaporation losses from the pond
surface are excessive, the pool level well have large
fluctua"0111 and the permanent pool may even be
totally lost during a dry Period. This will not
necessartly reduce the effectiveness of the pond, but
the Pool fluctuation may not be aesdxdca]ly
acceptable. If a detention pond Is Planned on a Mae
with Permeable sandy or silty sails, a Uner
constructed be rgede&
of compacted CIAY or other materW may
The drainage area above a detention pored must be of
sumckm size to malntain A permanent pool.
Generally, four acres of drainage sea are
ISO
M
0
Cormuuction of a detenton pored
represents a signincam c+Pltal
investment and mathananoe
commlrmenL Costs of deteatloe
ponds were summarized by MlRP
(USEPA, 1983). These costa are
shown graphically In Figure 1.14.
This flgare demonstrates the �
" UP 01
a won ponds with
As sh0" in Figure 1.1 -2, regional
detention ponds with larger drainage
areas ate generally more cost
effective than onsite basins.
Aw u*n ar rernavar *ad" b Tss
10
1.0
(B" was as a of uro�in drai^aw anal
Figure 1.1.2: Goat of detention ponds
Source: USEPl1. 191[3
7.1 -2
10189
,� '5amow
tearof Urban uw /
by basin in
0
•
Regional detention ponds have several other
advantages as well. Although regional ponds may
leave some areas unprotected, studies have
concluded that random placement of detention
facilities in a watershed may have little effect on
overall pear flows and can actually increase
downstream problems (McCuen, 1979; Amandes
Bedlent, 1980). Because of M. on-site basins may
not reduce pear flows enough to control flooding
and streambark erostoa 11 drainage area of
regional ponds should be small enough to mimmize
unprotected areas, but large enough to allow coat
savings and meet overall storm water management
goals.
Anodes advantage of mgional delendon ponds is
that they can sometimes provide cost-effective
control for pre- developed areas as welt as for new
development. This is an important coosideradon
when nonpomt source pollution from previously
developed areas must be controlled to meet water
quality goals. In many cases, rite cost of on-site
detention in previously developed areas would be
prohibitively expensive.
Proper maintenance of detention ponds is important
to their long-term effectiveness. hvtaintenance of
regional lords will normally be performed by a local
-emit of government while property owners are
responsible for maintenance of on -site practices.
Maintenance by a local urdt of government may
result in more timely maintenance of detention
Ponds. especially when expensive sediment: removal
is required. If sediment is allowed to accumulate o
excessive depths, the efficiency of a detention pond
from a water quality standpoint can be severely
impaired.
Effect on ground water
The Impact of infiltration basins on ground water
were studied as a pan of NiJRP. Those studies
concluded that then: was no significant impact to
ground water from the infiltration basins. This
information is discussed as part of Ptacdce 4.3,
Infiltration Basin Since a detention pond would be
designed to discourage infiltration, the potential for
ground water contamination would be much k
than that for infiltration basins. However, in areas
with fractured limestone or shallow aquifers, there
must be at least two feet of soil between the pond
and the limestone or aquifer to act as a seal curd
mWmpze seepage from the pond.
Sediment disposal
Ckmdng sediment out of detention ponds is costly.
A review of pond dredging in Virginia found that
costa ranged from $6.23 to $22.40 per cubic: yard
(Wieglud et W. 1986). The average cost in that
study was approximately $14 per cubic yard. Coats
depend upon the size of the basin, methods used for
excavation, curd distance to the disposal site. if
ftlog bas are required at the disposal sloe, this win
Increase disposal costs even more.
Hauling sediment can fnemm disposal costs by $3
to $10 per cubic yard depending upon the distance
involved. Because of this, it is recommended that a
sediment disposal site be located adjacent to the
basin whenever possible. This will reduce expected
maintenance costs significantly. Another option o
reduce maintenance costs is to build in extra
sediment storage when the basin is constructed.
Removing sediment later typically costs several
times as much as excavation at the time of
construcdoa
Because of the pollutants presen In detention pond
sediment, proper disposal needs to be carefully
considered (Zanonf, 1986). Accumulated sediment
must be hurdled and disposed of In a manner that
will not affect surface or ground water. In general,
sediment should be disposed of In a location where it
will be stable and not in contact with humans (Le,
do not spread sediment on a parr or playgmumd
area). When disposed of on-site, sediment should be
covered with at least four inches of topsoil and
vegetated to prevent remobilizadon. Do not dispose
of Sediment where concentrated flows may create a
gully erosion hazard. If high concuwadons of
Pollutants zee found in the sediment, special disposal
procedures may be required to stabilize the
10/89
4.1.3
Top vie.
$40 View
Sou": SchuNa, 1987
Pollutants. In all cases, sediment must be disposed
of in accordance with applicable waste disposal
regulations.
DESIGN RECOMMENDATIONS
The recommendations included here are based
mainly upon criteria in Design Calculations For Wet
Derendoe Ponds (Vlralker, 1987a). This paper was
Prepared by William W. Walker, Jr. for the St. Paul
Water Utility and Vadnais Lake Area water
Management Orlardzatiot, The criteria that walker
&*velOPed Am based upon Nationwide Urban Runoff Program results of the
The criteria are listed in the order of importance 1983).
respect to water quality. PoRance with
Pool volume
"be Pe"Inanent Pool than the rurpf[ from as 2 cinch rakW for fully
devebped watershed conditions. Use the
recommended procedure in Chapter 7 to determine
the volume of runoff. in most of Afrtmesota, this
volume will provide an average hydraulic residence
time in the pond of approximately 15 days for
summer months. Sediment storage must be added to
this volume to compute the total pood vole ne, Use
equation 4.2 -1 on page 4.2-6 to estimate sediment
storage volumes.
4.1-4
10/89
0 Pond depth
The average depth of the permanent pool should be
greater than or equal to 4 feet, but less than 10 feu.
If shallower depths are used, fine sediments may be
resuspended by wind - generated currents. If depths
of greater than 10 feet are used. the pond may be
subject to temporary thermal smdficadm This, in
turrh, may result in releases of phosphorus from the
anoxic or nearly anoxic bottom sediments. The
phosphorus quantities may then be mixed back into
the upper layer of the pond by wind- generated
Currants. This is referred to as an "internal loading."
Pond shape
"Plug flow" conditions ate desirable in a wet pond to
enhance water quality bmefits. In an Ideal plug flow
siwaoott the pond volume would be totally
displaced before runoff is discharged. This ideal
condition will not occur, but the pond should be
designed to encourage it as much as possible. The
is most effective shape of the pond to promote plug
flow is to have a lenga width ratio of 3 or mote.
This may not be practical in some situations where
site restrictions determine the pond shape. In some
cases, baffles can be used to prevent short-circuiting
in ponds with small lengoywidth ratios. Another
alternative to irtcte413e plug -flow characteristics is to
COnWW two or mom: ponds in series that have a
total volume equal to that described above.
Slopes
For safety reasons and to promote the growth of
rooted aquatic plants, a gently sloping bench should
be provided that extends into the pool at least 10
feet This bench should have a slope of 10:1
(hodzmW. or flatter. The vegetation
growing on this bench will serve to reduce the
chance of shoreline erosion from wave action,
provide habitat for wildlife, and help improve water
quality. Although rooted aquatic vegetation obtains
most of its nutrients from the bottom sediments,
algae attached to the plants will use dissolved
nutrients in the pond. Beyond the bench, the slope
should be 3:1 or flatter. The maximum slope that
can be used may be limited by the stability of the
soils encountered.
Inlet and outlet
It is desirable to provide a fombay at the inlet to the
pond to provide energy dissipation and trap coarse
sediments such as road sand. The forebay consists of
an area Just below the inlet that will trap own
sediments and is relatively easy to clean out This
will allow regular removal of coarse sediments and
ptolomg the interval between costly sediment
cleartout in the pond area. The inlet should be
designed to minimize turbulence in the pond during
inflow. Relatively low velocities created in a pond
during inflow can resuspend sediments that were
previously settled out
At the outlet of the pond, consider [sing a skimmer
baffle to trap floating debris. This type of baffle is
easily adapted to most pipe oudw and will prevent
floating debris from passing through the structure.
See Practice 4.7, Floatable Shimmer, for more
information.
Flood routing
The recommendations provided here are baud upon
permanent pool volume and are contingent upon the
release rate from the structure. In many urban areas,
the criteria for flood routing is subject to local
regulation. Check with the local watershed district
or water madagement organization for requirements.
In all cases, state dam safety regulations, which are
administered by the Minnesota Departrmertt of
Natural Resources, must be followed.
In the event that this practice is being used in an area
without local criteria, the design frequency criteria in
Table 4.1 -1 can be used as a minimum.
For small ponds, the simplified routing procedure
included in Section 72 of this handbook can be used.
This procedure is conservative and win result in
storage volumes slightly larger than those computed
with more detailed touting procedures. For large
polls, or on sites where construction costs will be
14189
4.1 -5
Table 4.1.1: R
Recommended Minimum Design F
Frequency
Drainage area M
Minimum design treQue
(Years)
(acres)
Minimum Pipe E
Effective fill M
Maximum
P � E
Emergency
storage(aC•fl) P
spillway y
y �M,�.
0 20 5
5 s
0-20
so _
_ s
20-80 8
8 0
020 2
so 2
2 2
29
20.80 2
10 0
20-
SO 5
8
80-250 1
10 S
0.20 S
SO 1
10 2
s0
AN olhets 1
15 1
10 S
S�0
25 �
Freeboard is the � nLin spillway the water *Wam In it* vegetativa spy ay d�InO
the passage of the e y stoat► and the
should be 1.0 fora. IcP of settled fill. The rnlnhrim freeboard
2 a Pri►tCl N s thm I Is rsquked to 0-A embankment Bonds exrxpt WtW* ft drakWOO area is urder
then iesrp fxk spillway trick fuf� flow D 1M emerperny V*"y Is in pool oorditbn K
rgrourtd outlet Is regttked.
high a more detailed flood routing Procedure should
be used. Technical Release 48, Structural Stu
Analytic Computer Program, DAMS2, from die Soil
Conservation Service (SCS. 1982) is an example of It
more detailed design procodun
Structure design and construction
All embas i ents, spillways, etc. should meet the
criteria of SCS Smndard 378, Ponds (SCS Field
OMe Technical Guide), whenever applicaaa
Construction should be in accordance with
aPProPnate construction and material specifications.
MAINTENANCE
Maintenance for detention ponds cut be
characterized by two categories, M udne and
nonrtwtine maintenance. Routine m linje nu oe
involves activities such as mowing grass, controlling
weeds and woody vegetation, repairing eroded areas
and removing debr is. Maintenance i ns p emons ,
should be used to Icy tbese rmnWe majnie ^w
needs.
NonmUtine m atnlenarw mcludes sediment cleanout
and major structural V Using suggestions from
the Planning ¢] CatuWn1doos section 0-O �Itt
sed i m em ted niques and materials � � for
later structural repa Wben maintenance is
nailed, Prompt action can also minimize remedial
action cost.
There are certain considerations that can be used in
detentoa pond designs that will beip reduce
operation and maimenance oozes. Some of tbese
Items may not increase construction oasts
significantly, but can make maintenance easier when
required.
I • Koep all slopes 3:1 or flatter so that
vegetation an be maintained eaaly.
4.1-6
MU
• 2 . The principal spillway intake should be
Protected with a trash rack to prevent
clogging.
3. vehicle access to the pond should be at least
10 feu wide. and the access should not be
steeper than 15 pereertt. Maintenance access
should never Cross an emergency spillway
unless the spillway has been desipW for
this.
4. On -site sediment disposal sites should be
provided whenever possible. The coat of
sediment cleanout increases drastkally when
sediment must be disposed of off -site.
5. Provide a drawdown device to drain the
pe xm p 'rnis can eliminate the need
for pumini if the pool is drained for
sediment cleanout or other maintenance.
6. Construct the principal spillway of materials
that will resist failure from corrosion or
• deterioration for the design life of the
structure.
•
4.1 -7
C
DATE: January 17, 1996
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF HUSKI ADDITION POND DESIGN
The Planning Commission recommends approval of the pond design provided it meets the
requirements of the Best Management Practice Standards and the recently approved
Hutchinson Stormwater Detention Pond Interim Standards. The final design of the pond
is to come back to the Planning Commission when received by City Staff for final review.
0
City Center
111 Hassan Street SE
utchinson, 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
- Pnnted m recycled paper
Police Services
10 Frank,
Hutchinson, n
(612) 5r G
Fax (612)
DATE: January 17, 1996
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF LOT SPLIT REQUESTED BY ERICKSON'S
DIVERSIFIED TO SPLIT 40' FROM SOUTHERLY PORTION OF LOT 2,
BLOCK 1, HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO.
2
The Planning Commission recommends approval of the lot split with staff
recommendations regarding parking agreement between the businesses.
City Center
1 11 Hassan Street SE
uichinson, MN55350 -2522
(612) 587 -5151
Fax (612) 234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN55350 -.3097
(612) 5872975
- Fax (612) 2344240
- Printed on recycled paper -
Police Services
10 Franklin "
Hutchinson, MN
(6l2) 587
Fax (612) 58
CERTIFICATE OF SURVEY FOR S
ER I CKSON' S D I V E R S I F I E D CORP.
PART OF
LOT 2, BLOCK I,
HUTCH
INSON
DOWNTOWN
REDEVELOPMENT
PLAT
N0.
2
DESCRIPTION
The south 40.00 feat of Lot 2, Block I,HUTCHINSON
DOWNTOWN REDEVELOPMENT PLAT NO. 2, according
to the recorded plat thereof.
LOT 2
I-
I
W
W
,
vJ
e I
wss r , atr
� I
I
w
Y
I —
I
I •
I a
e
0
D
— South Ilne of Lot 2, clock I,
Hutchinson Downtown R•d•velsPaunt Plat No. 2
Z
Q
Z
a
LOT 7
N89 30' 31' E 140.18
N
G�
I LOT 6 I
e
O
O
LOT I
• Denotes Iron monument found O Denotes Iron monument sat
1 hereby certify that this Survey, Plan or Report was prepared by me or under my
dlreot supervision and that I am a duly licensed Land Surveyor under the laws of
the State of Minnesota.
(.0 /2 __, % , Reg. No. 9&26, Date: GC / G / 9 9 s
BK
i I
DATE: January 17, 1996
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF REZONING REQUEST BY ROGER K. OLSON TO
REZONE AGRICULTURE LAND TO RESIDENTIAL TO ALLOW THE
CONSTRUCTION OF SINGLE FAMILY DWELLINGS IN OLSON'S
COUNTRY VIEW SUBDIVISION, LYNN TWP. (2 MILE RADIUS)
The Planning Commission took no action on the request. The item was not on the agenda
due to the date it was received by the County.
City Center
1II Hassan Street SE
utchinson, MN 55350 -2522
(612) 587.5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Far (612) 234 -4240
- Pncusd m recycled paper -
Police Services
10 Franklin Stre
Hutchinson, MN55-
(612)587.22 I
Faz (612) 587 -6 `I
STATE OF MINNESOTA
COUNTY OF MCLE00
NOTICE OF PUBLIC HEARING
YW ARE HEREBY NOTIFIED
that a regular meeting of the
Mc lm od County Planning
Commission will be hold an the
71st day of January, 1996, at
6:30 a. a., in the County
Commissioners' Room at the
Courthouse, Glenda, Minnesota.
THE PURPOSE Of SAID
MEETING is to consider the
applicatiae for Platting and
Rezoning heretofore filed with
the Canty Zoning Administrator
by Roger K. Olson and Robert
Olson.
Said application for Platting
relates to Olson's Country View
subdivision, Said 110pning
APPlidation Ins bean slbsittsd
for a Aszoning from 'A'
Agricultural to 'R -1- Rural
Residential to allow the
construction of single fasily
dwellings in Olson' Country
View Subdivision,
THE PREMISES UPON WHICH
said Platting and Rezoning is
anticipated and situated in the
County of McLeod mnd State of
Minnesota is described as
follows to wit:
The S 640' of the M 363' of the
S 1/2 of the S 1/2 Of the SM
t/t of Sac 13, Trp 116 N, Rng
30 M, Mcleod county, MN.
THIS HEARING will be
held by the McLeod Canty
Planning Commission at Mich
time you say appear if you
desire, either In person or by
agent or attorney, in
Opposition to or support of the
proposed Platting and Rezoning.
Thereafter, the McLeod County
Planning Commission shall
forward its recomsendatians to
tha County Board of
Commissioners. If you desire
to appeal the Planning
Commission's rocomendations,
YOU can take Your request to
the County Board which has the
power to overrule the decision
Of the Planning Commission.
DATED THIS 3rd DAY OF January,
1996,
Edwin E. How
McLeod Canty Zoning
Administrator
RECEV z z)
AN 8 1996 •
CITY OF HUT;,,ti „VSON
LYNN
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ID'J.a c.•cC 11 trP
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SET LLOYp r"a SfR JPf.50M "Y' Rx" TERRY f 1 \ \
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TER
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it u/..L14 riO i 'CO Lr y �! nTe-- LD! a .L'm RTO i<.RYafy S-RLEY [w ry I ` C1N E !
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OT TO Ip«sc« ��oLES c"Nc[Tr IEO .. l af„ ^ (� MAU.c z
3fao Lo •D _17 {o T ,.•.. 'w I a .' fO ' I 3o A.�.ml w v .� T
VC VAT IIL IIM' S
OTTO S c
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Ca "OL QT TO ` IREtt' OLESC1. V Nfo-1 / pLilO1 RAr«lb' IL •IE CS -
+I>D •1. E ftkLE a i'
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COLLINS IPAGE 31 , TY1P
C
DATE: January 18, 1996
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY
PATRICIA SCHMIDT WHICH RELATES TO OPERATING A BEAUTY
SALON EMPLOYING MORE THAN ONE NON - RESIDENT EMPLOYEE
LOCATED IN HASSAN VALLEY TWP. (TWO MILE RADIUS)
The Planning Commission took no action on the request due to the item not being placed
on the agenda as it was received too late for the agenda-
City Center
III Hassan Street SE
tchinson. MN55350 -2522
(612) 587 -5151
Fax (612) 234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN55350 -3097
(612) 587 -2975
Fax (612) 2344240
- Printed on recycled payer -
Police Services
10 Franklin Sr,
Hutchinson, MN5-
(612) 587 -'
Fax (612) 5P f
RECEIVED
JAN N 1996
CITY OF riu" L;i- n1SON
STATE OF NINNE40iq
COUNTY OF MCLEOO
NOTICE OF PUBLIC HEARING
YOU ARE HEREBY NOTIFIED
that a regular meeting of the
McLe County Plats in9
Commission Will be held an the
31st day of Jan., 1996, at B:3o
am, in the Cnty Commissioners'
Re at the Courthouse, Glencoe,
MN.
THE PURPOSE OF SAID
MEETING Is to consider an
application for a Conditional
Use Permit heretofore filed
with the County Zoning
Administrator by Patricia
Schmidt. Said application for
A Conditional Use Permit
relates to operating a beauty
salon =Playing owe than orm
eon- resident employes.
THE PAINISEg UPON WHICH
said Conditional use is
anticipated and situated in the
Cnty of McLeod A St of MH is
described as follows to wit:
That part of Lot 24 of Aud.'a
Plat of Lot 15 of Aud.'a Plat
Of Sac 7, Twp 116H of Rng 29w,
described as follow, to -wit:
50 9• at the Intersection of the
centerline of Cnty Hwy 25 f a
lirm 150' S'ly of A parallel
with the N line of said Lot 24;
thence w'ly along said parallel
line a distance of 239'; thence
S'ly, at right angles to said
Parallel line a distance of
250'; thence E'ly, parallel
With said N line A distance of
355.15' to the centerline of
said Hwy 25; thence NW'ly along
said centerline ■ distance of
275.94' to the Point of beg.
THIS HEARING will be
hold by the McLeod Cnty
Planning Comm. at Mich time
You nay appear if you desire,
either in person or by agent or
attorney, in opposition to or
euPPOrt Of the Proposed
Conditional Use. Thereafter,
the Mcleod Cnty Planning Comm .
shall forward Its
recommendations to the Cnty
Board of Commissioners. If you
desire to appeal the Planning
Commission's recommendatione,
You can take your request to
the County Board which has the
Power to overrule the decision
Of the Planning Commission.
DATED THIS 3rd DAY OF January,
199a
_� -C <Ls✓ 1. '_�rs. -. - <—
Edwin E. Homan
McLeod County Zoning
Administrator
HIP 116 NORTH
.Urcroso«
VNI W W
IRF
\ T,
HASSAN VALLEY
CODE -6
I.,.., •1
RANGE 29 WEST
TWo
t
Ica
ly
y
Ef C
`F I
SUMTER
I P.A 131
MINUTES
HUTCHINSON PLANNING COMMISSION FOR YOUR INFORMATION
Tuesday, January 16, 1996
•
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following
members present: Roger Gilmer, Dan Prochnow, Glenn Matejka, Bill Arndt, Bill Craig and
Chairman Wood. Members absent: Craig Lenz Also present: Brenda Ewing, Planning
Coordinator, Jim Marka, Director of Building, Planning and Zoning, John Rodeberg, Director
of Engineering, G. Barry Anderson, City Attorney, and Skip Wright, DNR Hydrologist
Mr. Craig made a motion to approve the minutes dated December 19, 1996, seconded by
Mr. Arndt the motion carried unanimously.
a) CONTINUATION OF CONSIDERATION OF AMENDMENT TO SHORELAND
MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 TO PROHIBIT
BOATHOUSES
Chairman Wood reopened the hearing at 5:32 p.m. with the reading of publication
# 4886 as published in the Hutchinson Leader on Thursday, December 7, 1995.
• The request is for the purpose of considering an amendment to the Shoreland
Management Ordinance, Sections 2.71 and 5.22 to prohibit boathouses.
Director of Building, Planning and Zoning Jim Marka commented on the proposal
and introduced Mr. Skip Wright, DNR Area Hydrologist for further explanation of the
request to prohibit boathouses along area lakes and rivers.
Mr. Wright explained the ordinance and asked Planning Commissioners to
remember there was a committee involved in the creation of the ordinance. He
stated the standards are the minimum standards and explained the interpretation
of allowable water accessory structures. Mr. Wright also commented on the "shore
impact zone" and the standards developed for water accessory structures.
Discussion followed on the allowable size of the storage buildings and the setbacks.
Mr. Wright stated the model ordinance follows State Statutes. There was
discussion of the "shore impact zone" and restrictions in the zone. Mr. Wright
suggested allowing decks of a certain size, possibly 250 sq. ft., and prohibit
boathouses. Discussion followed on the difference between a boathouse and a
water accessory structure. Mr. Wright stated if the purpose of the ordinance is to
maintain water quality and protect the appearance of the shoreline, he would
suggest prohibiting boathouses and allowing only decks. There was discussion on
what the City would permit.
City Attorney. G. Barry Anderson suggested the commissioners look at cleaning up
• the language to permit boathouses or not to permit them and provide distinct
descriptions of what is and is not permitted. Discussion followed on the
maintenance of the structures along the water. Mr. Arndt, a resident on Otter Lake,
stated some of the changes he has seen have been destructive to the shoreline.
1
JANUARY 16, 1996
He then gave examples of the well meaning construction which over time have been
destructive. Mr. Wright suggested he and the city staff meet with the county for
consistency of the ordinance. There was discussion on the need to meet with
county officials. 0
Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at
6:07 p.m. Mr. Craig made a motion to close this issue and set a new public hearing
for the ordinance amendment with wording to include permitting decks and docks
in the "shore impact zone ". The motion was withdrawn. Mr. Craig made a motion
to deny the proposed ordinance prohibiting boathouses and return next month with
a public hearing to amend the ordinance as discussed reviewing staff
recommendations. Seconded by Mr. Matejka, discussion followed on also
redefining the language, the motion carried unanimously.
WEEKO I�-ILM y
a) CONSIDERATION OF STAFF RECOMMENDATIONS REGARDING POND
DESIGN CRITERIA FOR HUTCHINSON
Director of Engineering, John Rodeberg, commented on his recommendation and
explained the reasons for depth regulations as set by N.U.R.P. standards. He
suggested changing the depth standards from 10' to 8' and commented on the
basin side slopes. Mr. Rodeberg stated the Stormwater Management Plan reflects
the Best Management Practices standards. He commented on the proposal for
Huski Addition detention pond and stated he has not heard from Mr. Kohorst of
Sand Properties. •
Discussion followed on the maintenance of detention ponds. Mr. Rodeberg stated
maintenance is required every 20 -25 years. He commented on the design of the
pond in Huski Addition and explained the inlet and outlet are to close.
Mr. Matejka suggested adding a #6 to include wording so as not to infringe on utility
and drainage easements. There was also discussion on adding safety issues to the
list. Mr. Rodeberg explained these standards will cross reference the Best
Management Practices standards.
Mr. Matejka made a motion to approve the Stormwater Detention Ponds Interim
Standards with the recommended changes as discussed earlier. Seconded by Mr.
Craig the motion carried unanimously.
b) CONSIDERATION OF HUSKI ADDITION POND DESIGN
Mr. Marka suggested to move forward on the design with review by the Planning
Commission when Sand Properties provides the final design.
Mr. Craig made a motion to approve the pond design providing it meets the
requirements of the Best Management Practices Standards as acted on in the
previous item, seconded by Mr. Arndt the motion carried unanimously. Mr. Craig
made a second motion that the final pond design be brought back to the Planning •
Commission when received and reviewed by staff for final review. Seconded by Mr.
Matejka the motion carried unanimously.
K
HUTCHINSON PLANNING COMMISSION %11NU FPS
•
JANUARY t6, 1996
5. NEW BUSINESS
a) CONSIDERATION OF LOT SPLIT REQUESTED BY ERICKSON'S DIVERSIFIED
Planning Coordinator Brenda Ewing explained the request by Erickson's Diversified
to split 40' from the southerly portion of Lot 2. She stated Coast to Coast will be
increasing their lot 40' for remodeling and addition. Mr. Marka commented on staff
suggestion for a parking agreement between the two businesses.
Mr. Matejka made a motion to approve the request with staff recommendation,
seconded by Mr. Gilmer the motion carried unanimously.
a) Update of Comprehensive Plan Landuse Map and Street System Map
Jim Marka commented on the over all format of the Comprehensive Plan and the
progress of the process. He stated the final product should be a more functional
document.
b) Update of Joint Planning Agency
•
Mr. Marka commented on the task force and the process in place to establish a
Joint Planning Agency. He stated the Joint Board will act as the Planning
Commission on items within the Urban Boundary Area. Jim explained it appears
the City will staff the application process, organize the informational meeting and
public hearings and follow through with the customer.
C) For Your Information - Parkside Resolution
Jim Marka explained the resolution.
d) Rezoning requested by Roger K. Olson from Agricultural to Residential the plat
known as Olson's Country View Subdivision located in Lynn Twp. (2 mile radius)
Brenda Ewing explained the plat was approved last month and the rezoning is the
next step. Discussion followed on the legality of acting on this item since it was not
received in time for the agenda. No action was taken.
e) Conditional use permit requested by Patricia Schmidt which relates to operating a
beauty salon employing more than one non - resident employee located in Hassan
Valley Twp. (2 mile radius)
Ms. Ewing explained the county requires a conditional use permit for home
occupations employing more than on non - resident employee.
•
No action was taken as the item was received too late for the agenda. Staff was
directed to obtain a legal opinion from the City Attorney for clarification of acting on
items not placed on the agenda.
There being no further business the meeting adjourned at 6:45 p.m.
C
MEMO
To: Mayor and City Council
From: Gary Plotz and Randy DeVries
Subject: APPROVAL OF APPLICATION FOR A C.A.P. GRANT FROM THE OFFICE
OF ENVIRONMENTAL ASSISTANCE
Date: January 18, 1996
Enclosed is a copy of the resolution requesting the approval of the application for a C.A.P. Grant
to the Office of Environmental Assistance. This grant will be for an expansion of our compost
facility. The total cost of the project is $490,000.00 of which the City's cost will be $250,000.00
or 50%. The City of Hutchinson can at any time refuse the grant money. There are very few grants
like this around anymore and we request approval for this application.
90
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 Sc ^ ^raC
10 Franklin
Hutchinson, W
(612) 5, r 1
Fax (6121 ���
9 RESOLUTION NO. 10629
RESOLUTION TO APPROVE GRANT APPLICATION FOR C.A.P. GRANT FROM
M.P.C.A.
WHEREAS, the City of Hutchinson has made application to the Office of Environmental Assistance
for a capital assistance program grant to construct a solid waste composting facility,
BE IT RESOLVED, by the Hutchinson City Council, that the City of Hutchinson will implement
the project, provide necessary local financing, ans accept and exercise the governmental powers
necessary to develop and operate the project.
BE IT FURTHER RESOLVED, the Hutchinson City Council authorizes the City Administrator to
sign the Preliminary Capital Assistance program grant application on behalf of the City of
Hutchinson.
Adopted this 23rd day of January, 1996.
Marlin Torgerson, Mayor
ATTEST:
Gary D. Plotz, City Administrator
0
C
January 19, 1996
i •
A 2 percent cost of living for 1996 has been estimated as
follows:
General Fund $58,447.00
Liquor Fund 3,374.00
Water /WasteWater/ Refuse 8,068.00
Central Garage 917.00
Cost of COLA $70,806.00
The cost of merit adjustments for 1996 was requested
based upon 1995 is as follows:
General Fund $32,431.00*
Liquor Fund 3,079.00
Water /WasteWater/ Refuse 7,784.00
Central Garage 212.00
Estimated cost of merit $43,506.00
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 an recycled paper -
An estimate
Police ° -
10 Frankli
Hutchinson, M
(612) 5t
Fax (612)
Page 2 •
Total cost of COLA and merit as outlined above would be:
General Fund 90,878.00*
Liquor Fund 6,453.00
Water /WasteWater/ Refuse 15,852.00
Central Garage 1,129.00
Total Cost $114,312.00
*Does not include 5% adjustment for police officers at mid year,
1996, of $14,974 as outlined when 1995 pay plan was adopted.
H:d�)L.N
C
goal lelos -vp
M E M O R A N D U M
TO MAYOR AND CITY COUNCIL
FROM CITY ADMINISTRATOR, DIRECTORS AND STAFF
Gary Plotz
Do 1f Moon ow—'
John Rodebe�rg
Ken Merril �J
Jim Marka I
Randy DeVr e
Steve Madson
Neil Wegner g
Hazel Sitz Lj�
RE RECOMMENDED ANNUAL WAGE ADJUSTMENT FOR 1995
As in the past, the directors have sought input from their various departments
for a requested annual wage admustment for 1996. Consumer price index
information as attached was provided to the departments. Employees believe
their following requests are fairz
Water/Wastewater
2.78%
Police
2.75 to 3%
Liquor Store
2.6 %
Building /Zoning /Planning
2.25%
Parks /Recreation
2.45%
Transit
2.5 %
Street /Motor Pool
2.75%
Finance /Motor Vehicle
2.68%
Engineering
2.5 %
AVERAGE
2.64%
Directors have met and discussed the requests. In the Interests of
conservatism and In order to help hold the line on costs, the request of the
directors Is that the general adjustment for 1996 be 2%.
The updated pay plan Resolution for 1996 is attached, with the pay grid
showing a 2% adjustment. Action would be to adopt the percentage and the 1996
pay plan, Resolution No. 10621.
City Center
• 111 Hassan Street SE
Hutchinson. MN 55350 -1522
(612) 587 -5151
Far(612)234 -4240
Parks do Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Fax(612)234 -4240
- Primed an recycled paper -
Police Services
10 Franklin Street SW
Hutchinsor. ?464
(612,
Fax (6. Q
u
January 4, 1996
a Pa Gr id for draft
1u
Payplan3.rp 6!gen adjustment from the 19 on N O• 1
RESOLUTION NO. 10621 95 g 0621 show
RESOLUTION ADOPTING POSITION CLASSIFICATION
ASSIGNMENT TABLE EFFECTIVE JANUARY 1, 1996
WHEREAS, the City Council has considered the existing classification of
positions for the City of Hutchinson and the current economic conditions,
BE IT RESOLVED, that a Position Classification Plan is hereby adopted. All
positions covered by this Resolution shall be grouped in grades having a definite
range of difficulty and responsibility. For each position there shall be a title;
and there shall be shown examples of work which are illustrative of duties of
positions, as well as requirements as to knowledge, abilities and skills necessary
for performance of the work; and a statement of experience and training desirable
for recruitment into a position.
A. ALLOCATION OF NEW POSITIONS.
When a new position is created for which no appropriate description exists or when
the duties of an existing position are sufficiently changed so that no appropriate
description exists, the City Council after recommendation of the Human Resources
Coordinator shall cause an appropriate fob description - specification to be written
for said position.
B. REVIEW OF PLAN.
As often as necessary to assure continued correct classification, the Position
Classification Plan shall be reviewed by the Human Resources Coordinator and
necessary adjustments recommended to the City Council.
C. FILING OF PLAN.
Upon adoption of the Resolution, a copy of the Position Classification Plan approved
by the City Council shall be placed on file with the City Administrator. The plan
so filed and subsequently adjusted by the Council shall be the Position
Classification Plan of the City.
1. Elements of the Plan. The Compensation Plan shall consist of:
a. A Basic Table of Numbered Pay Grades for All Employees.
Each numbered pay grade in the basic table consists of a minimum (Level 0 -
804) rate, a maximum (Level B - 1204) rate, and a midpoint (Level 4 - 1004)
rate, in addition to intermediate levels, shown on page 4.
b. A Position Classification Assignment Table for Employees.
The assignment table shall assign all of the various positions in the Position
Classification Plan to the appropriate pay grade, shown on page 3.
2. Modification of Plan.
The City Council reserves the right to modify any or all of the pay grades or
position classification assignments as set forth in said plan at any time.
(1 of 5)
I
3. Pay Grades.
a. Non - Administrative (Hourly) Employees.
Each position is assigned a pay grade. The normal beginning rate for a new
employee will be the minimum rate. After satisfactory completion of twelve
months probation, up to a five percent increase will normally be granted, with
the exception that such increase may be granted midway through the
probationary period (at six months) with the approval of the City
Administrator. Thereafter, consideration for performance increases will be
given annually each individual anniversary date. The City Administrator
reserves the discretion to adjust individual rates within the assigned pay
grades based upon (a) a merit review and recommendation from the department
head, reflecting job performance over the preceding twelve months, and (b)
consideration of equity among departments. Consideration for market
adjustment for all pay grades will be made each January 1.
b. Administrative (Salaried) Ermloyees.
Each position is assigned a pay grade. The normal beginning rate for a new
employee will be the minimum rate. After satisfactory completion of twelve
months probation, up to a five percent increase will normally be granted, with
the exception that such increase may be granted midway through the
probationary period (at six months) with the approval of the City
Administrator. Thereafter, consideration for performance increases will be
given annually each individual anniversary date. The City Administrator
reserves the discretion to adjust individual rates within the assigned pay
grades based upon (a) a merit review and recommendation from the City •
Administrator or department head, reflecting job performance over the
preceding twelve months and (b) consideration of equity among departments.
The Council will determine any merit increase for the City Administrator.
Consideration for market adjustment for all pay grades will be made each
January 1.
C. Police Civil Service Employees.
In Police Civil Service positions, the established starting rate for patrol
officers shall be Grade X, Level 2, followed by a probationary period of one
year. After completion of probation, an increase to Level 3 shall be granted.
Likewise, an increase to Level 4 shall be granted after completion of two
years employment, to Level 5 after three years employment and to Level 6 after
four years employment. Thereafter, consideration for performance increases
will be given annually each individual anniversary date, reflecting job
performance according to specific criteria over the preceding 12 months.
Supervisory and investigative police department personnel shall be salaried,
with salary subject to periodic review by the Chief of Police, and any
recommendation for merit adjustment made to the City Administrator. Police
department office, dispatch and school liaison personnel shall be hourly and
under merit plan. Consideration for market adjustment for all pay grades will
be made each January 1.
(2 of 5)
d. Market Ad.iustments.
Any market adjustment on January 1 of any year shall be separate and apart
from the individual anniversary increases.
4. Other Provisions.
a. Disciplinary Action For employees in any class, an additional
consequence of disciplinary action more severe than level a /oral reprimand, as
defined in the city personnel policy, will be the permanent loss of the
January 1 market adjustment in the calendar year following such disciplinary
action. This will occur unless the director in charge and the city
administrator decide otherwise.
b. Market Conditions Notwithstanding any language to the contrary, the
City Council retains the right to deviate from the pay plan when, in the sole
judgment of the City Council, market conditions or other circumstances dictate
such a decision.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON
That the following table is hereby adopted as the City Position Classification
Assignment Table, to be reviewed from time to time, assigning the various positions
In the Position Classification Plan to the appropriate pay grades in the table. Pay
grades for regular part time (PT) positions are assigned according to job
responsibilities at the discretion of the City Administrator and Human Resources
Coordinator.
0 (3 of 5)
POSITION CLASSIFICATION ASSIGNMENT TABLE
GRADE TITLE
I
II
Liq Store Clerk C(PT)
Custodial Worker, WWater/
Fire /Street(PT)
III Transit Dispatcher(PT)
Senior Program Supervisor(PT)
Liq Store Clerk B(PT)
IV Receptionist- City
Center /ParkBRec(PT)
Motor Vehicle Clerk (PT)
Street /Motor Pool Clerk(PT)
Custodian - Police /Library(PT)
Building Dept Secretary
Acctg. Data Entry Technician
Custodian /Courier
Custodian /Data Entry
V Bus Driver
Custodian /Boiler Operator
Liquor Store Clerk A
Park Maintenance, General
VI Accounting Specialist(PT)
Water Account Technician
VII Administrative Secy, Police
Secretary, Parks /Rec /Com Ed
Secretary, Planning Commission
Police Dispatcher(FT /PT)
Police Officer(PT)
VIII Secretary /Engineer
Personnel /Insurance Tech
Administrative Secretary
Finance Technician
W /WWater Maint Technician
IX Laboratory Technician
Water Plant Operator
Wastewater Plant Operator
Senior WWater Maint Tech
Cemetery Supervisor
Engineering Tech II
Equipment Mechanic
Park /Arena Maint Operator
Street Equipment Operator
I /SAL Community Services Coord(PT)
GRADE TITLE
X Senior WWater Plant Operator
Park Maintenance Supervisor
Police Patrol Officer
H /SAL Motor Vehicle Deputy Registrar
Park /Recreation Specialist
Recreation Specialist
XI Water Systems Supervisor
Street Maintenance Supervisor
Maintenance Operations Super
Police /School Liaison
Intervention Officer
G /SAL Building Inspector
Asst Recreation Director(PT)
Human Resources /Transit Coord
Planning Coordinator
Forester
F /SAL Assistant to City Engineer
Information Services Coord.
Rec Facilities /Operations Mgr
Liquor Store Manager
Police Sergeant
Police Investigator
Fire Marshal(PT)
Assistant City Attorney
E2 /SAL Police Lieutenant
E /SAL Director W /WWater Operatopms
D /SAL Dir Plan /Zon /Bldg Enforcement
C /SAL Director of Finance
Chief of Police
Director Parks /Rec /Com Ed
B /SAL Director Engineering
A /SAL City Administrator
(4 of 5)
h/geapay4.wk3
PAYPLAN96
9 ME
LEVEL 0
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 8
LEVEL 7 LEVEL 8
80 - MIN
85
90
95
100 - MID
105
110
115
120 - MAX
T
4.25
1
8.56
6.97
7.38
7.79
8.20
8.61
9.02
9.43
9.84
II
7.05
7.49
7.93
8.37
8.82
9.26
9.70
10.14
10.58
III
7.58
8.05
8.53
9.00
9.48
9.95
10.42
10.90
11.37
IV
8.15
8.68
9.17
9.68
10.19
10.70
11.21
11.71
12.22
V
8.76
9.31
9.86
10.40
10.95
11.50
12.05
12.59
13.14
VI
9.42
10.01
10.59
11.18
11.77
12.36
12.95
13.54
14.13
VII
10.12
10.76
11.39
12.02
12.66
13.29
13.92
14.55
15.19
VIII
10.88
11.58
12.24
12.92
13.80
14.28
14.96
15.64
18.33
IX /1
11.70
12.43
13.18
13.89
14.62
15.36
16.09
16.82
17.55
X / H
12.87
13.67
14.48
15.28
18.09
18.89
17.70
18.50
19.30
XI / O
14.16
15.04
15.93
18.81
17.70
18.58
19.47
20.35
21.23
F
15.57
18.55
17.52
18.49
19.47
20.44
21.41
22.39
23.36
(E2)
16.35
17.37
18.39
19.42
20.44
21.46
22.48
23.50
24.53
E
17.13
18.20
19.27
20.34
21.41
22.48
23.55
24.62
25.69
D
18.84
20.02
21.20
22.38
23.55
24.73
25.91
27.09
28.28
C
20.73
22.02
23.32
24.61
25.91
27.20
28.50
29.79
31.09
B
22.80
24.22
25.65
27.07
28.50
29.92
31.35
32.77
34.20
A
25.08
26.65
28.21
29.78
31.35
32.92
34.48
36.05
37.62
9
This Resolution authorizes staff to change 1996 budget appropriations to reflect
rate changes.
Adopted by the City Council this day of 199_
(This Replaces Resolution No. 10461)
Marlin Torgerson, Mayor
ATTEST:
Gary D. Plotz, City Administrator
(5 of 5)
c
MEMO
To: Mayor and Council
From: Gary Plotz, City Administrator
Subject: SNOWMOBILE COMPLAINT(S)
Date: January 19, 1996
Council Member Craig has asked me to do some research on snowmobile ordinances, plus visit with city
staff for ideas.
On Tuesday, Steve Madson, John Rodeberg, Mary Haugen and I met to come up with some ideas:
. 1. Post snowmobile operating hours with enforcement penalty at all trail entrances to the city
(only speed of 20 m.p.h. is posted on the Luce Line Trail at this time).
2. Do targeted enforcement in key problem areas, perhaps with media coverage.
3. Revise penalty provision for violation of ordinance that would impound vehicles, perhaps
at first offense.
Preliminary Research
After talking with several city administrators /clerks, I found these cities have had relatively few complaints.
After reviewal of sample ordinances attached (Glencoe, Excelsior, Winsted, Minnetrista), I noted some
differences in the operating hours. Specifically, Minnetrista's ordinance has operating hours one half hour
before sunrise to one half hour after sunset. It appears this could be done at designated zones (ie: corridors).
I have also contacted the League of Minnesota Cities and they are researching to see if they have ordinances
or an "analysis/survey" on file.
I have also talked with the various snowmobiling groups (Gregg Witte - President of Driftriders; Fred Barlau
- Past President of Snow Pros and Vern Hahn - President of Luce Line Trail Board), they were very
cooperative in wanting to help resolve the problems.
City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN55350 -3097
(612) 587 -2975
Fax(612)234-4240
- Panted on recycled paper -
Police Services
10 Frank
Hutchinson, .
(612): Q
Fax (612 ff
Mayor and Council
Page 2
January 19, 1996
I have also visited with Kenneth Jones, who's home is adjacent to the Luce Line Trail on the East side of
Hutchinson. His bedroom is 50 feet from the trail. Snowmobiles are running at 2:00 and 3:00 a.m. He
informed me that he has reported incidents to the police. The police have responded but have not been able
to apprehend the violators. On one occasion a chase began with squad cars, at higher speeds, with no success
at apprehension. He said the trail has signs for 20 m.p.h. and basically it is ignored. The snowmobiles have
come directly on his property and have damaged smaller trees. Only on one occasion have they been able
to get a vehicle license number.
He informed me that he has contacted three members from the local clubs and was told they are not aware
of operating hours of snowmobiles in Hutchinson and that operating hours are not part of the snowmobile
training.
As of Tuesday night, Mr. Jones did have a visit from two members of the police department to discuss
snowmobiling concerns.
Conclusion
It appears to me that an educational effort needs to be done regarding the existing ordinance restrictions and MW
some targeted enforcement with media coverage. The concept of impounding the vehicle is an idea that has
had some success with police agencies and the DNR, and I believe the snowmobile clubs would most likely
support such new ordinance revisions. Also, new signage for 1996 - 1997 at all trail entrances may be
helpful. We could work with the Driftriders and Snow Pros and the Luce Line Trail Board to implement
many of these suggestions.
GPfbb
L ui Lift Trail AsaopMtlon
The Luce Line Trail A•aocialwn ls a. profit
organization lanwd to facili ms necessary
devebprmni and Irtpfwernern to the bail, and to
promote hemprq Gtwsen the various groups of
people who use the tral.
The Luce Line Trao Assmi•tlon's primary goal ls to
make the Ins usable for all user, In a sale and
Bondy manner We rail ensure that changes ere
set into place that will prodice a well- groomed end
maintained trail, providing tranquility and safety for
all users. We are working hand-In-hand with the
Dsp.dmn t of Natural Reeoumes (DNR), other
branches of the government, and surrounding
l ardownem to get t trail to a con rovin whim will
satisfy the varied users.
The Luce Line Trail Association b adninistralive
cost Iree . sit funds are used for nail
maintenance, development and promotion.
This organization ls composed of your friends and
neghbors. The future success of the trail will real
on the cooperation and sokdemy of every
individual and organlzeuon using the trek, We rnwt
work together towards a common purpose with e
untied agenda. II you use and enjoy the trail,
whether as a biyclat, wakerlopper /runner, croon
country aker, snownnbssr, horseback rider or
nature watcher .. sus wed your support, and
Furthermore, you need us. We apprmiale all
rnmelary support and volunteer ekorts.
History of Vo Tray
The LTd Lkn Tml lase established h 1976 r a
mscreWaW tral from Plymouth to Ckrmos, Over dot
yeah. tho hands of recreational waMnlseb have
used the Val for walhg, bkpg, horaebeck rdklg
and Nrownwblhg.
Original work on the tell was funded through dw
Sala of MYloosots. L4Med funds tar innigroverri
to the trot am ounrsrty oval" through the State
LOW". These luod, will be used to repair some
bridges, Iaprove drainage and rMOn portions of the
grew tral. Although these lunda w eaaemlN, dray
wig rot cow the entire cwt of repairs, upgrades, and
bridge rsplaowrrtas dal an much deeded
Bom of • stored post, the Luce Lk s, than a now,
has provded a moons of both nweNbn and
transpwWok Completed as far woo as Shab1 Bay
Road on Jlae 2 1014, Prooldw W.L. lap initially
operated ft Swarkc Short Law ROwW to bssrpon
vmaticr bMwsn Minneapolis and the
moors of Modlckw lake, Lake MYwralonkek Parkes e
Lem, Lisle hdgrdNOa. end Half Moon Lakes.
This pso&WW servke used char, qtm sal
proposed gosokwalmbk sun. But One Wined
ekrctlmlcamn with overhead massy ark" nekwr
occurred By 1037 the ram sdsnded to ask" and
the Iles began to sWalhe moss In camafte,
•eels es grain and ionnam. Fbwgver, taaoyM of
co "ItIon firm afher nradea N trernport, the
msAroad w lormaky abandoned in 1070 by the
Chicago NoMa'sstsm Ralway.
Remnams of the ra&oockg post aW "IN in the form
of telegraph poles, car sidings. WNW* ill" and the
Foundations of coal distribution buMdfngs. Today
vacationers and weekend ncredbnlsb oars continue
to Ireref the Luce Line to points rwM aid, song the
way, get a feel of the ralMad past.
Natural Lyta
Stretching across urban and "at landscape, the
Luca Line Tree Is a preserved strip of cou trye ce
alrve with many vanishes of palms and animals In IM
emu the influence Is d finitey woodand, a carry-over
horn the peel Wien is large IoM known as Me "Big
Woods' occupied 1M at".
Rolvq wands of sugar mills end basswood, along
with many colorful form flow ground� plan
can he found there. Just awl of Hubhlnson the Bp
Woods gives way to remnants of tie tan -pima
pfashe, with some prattle plants awl visible. Whirs
Inhabl ents range from deer. loo and rank to owls,
eaplea and pheasant. Merry adlwW taken also
support ducks and gas a. The Luce LM Is truly kke
e laum down a quiet country road.
Sufrtmar Activities
On the Luce Lim surrinossU a acdlvkles abound.
Bkydhg, one of the mop popular solvltles, begins in
Plymouth and continues on a paved kmetone
surface to Wrested. Moulmein hakes can challenge
the Iral on a natural sort" west of Winsted.
Bicyclists can also take advalmege of the Luce Line's
connections to adpining roods and trails for access
to M" other opportunities camping m Baker Park,
erahmtng In Parker's Lake pier lashing on Swan
Lake or touring around Medicine Lake. lust to name a
low.
Horseback ridem can enjoy a specially provided
hNdxey from Plyrroulh to WlnNed which parallels
the limestone surface From Wmsted westward they
can travel on the multiuse path, which has a natural
surface.
Hikers can explore lie length of the trail and use it to
get to the heart of celmral Minnesota Fa loggers and
walkers, the Irail offers a convenient route on which
to exercise and relax The last seven Vail miles are
marked to statist the walker or pgger m eslabhsmrg
target distances. At points swing the trail as users
have access to reel areas, prcmc grounds, water,
tolete and other services
WinfMActivi lNs
MtWhy continues into the winter on the Luce I inn
Cron"ountry, skiers can delghl in a epecraky
tracked section between plymomh and Stubb's Bay
Rood. Snowrnobibre can enjoy a groomed path west
from Stubb's Bay Road to just east of Cedar Mills At
some, points, however. the trail hoe break, whxh
nquke detours. Be sure to follow local ordinances
al detouring and do not Trespass Snowmobilers
have aa,em to a large network of grant in aid
mowr,,DWe hall, which connect rroh the Trail
throughout Hennepin, Carver McLeod and Meeker
counties.
Winsted Watertown
Lyndale
Lon Lake Wayzata �
_ 9 Plymouth
Cedar Mills Sherman
Cosmos Corvuso
\
—�
Hutchinson Silver Lake
Luce Line
State
Trail
L ui Lift Trail AsaopMtlon
The Luce Line Trail A•aocialwn ls a. profit
organization lanwd to facili ms necessary
devebprmni and Irtpfwernern to the bail, and to
promote hemprq Gtwsen the various groups of
people who use the tral.
The Luce Line Trao Assmi•tlon's primary goal ls to
make the Ins usable for all user, In a sale and
Bondy manner We rail ensure that changes ere
set into place that will prodice a well- groomed end
maintained trail, providing tranquility and safety for
all users. We are working hand-In-hand with the
Dsp.dmn t of Natural Reeoumes (DNR), other
branches of the government, and surrounding
l ardownem to get t trail to a con rovin whim will
satisfy the varied users.
The Luce Line Trail Association b adninistralive
cost Iree . sit funds are used for nail
maintenance, development and promotion.
This organization ls composed of your friends and
neghbors. The future success of the trail will real
on the cooperation and sokdemy of every
individual and organlzeuon using the trek, We rnwt
work together towards a common purpose with e
untied agenda. II you use and enjoy the trail,
whether as a biyclat, wakerlopper /runner, croon
country aker, snownnbssr, horseback rider or
nature watcher .. sus wed your support, and
Furthermore, you need us. We apprmiale all
rnmelary support and volunteer ekorts.
History of Vo Tray
The LTd Lkn Tml lase established h 1976 r a
mscreWaW tral from Plymouth to Ckrmos, Over dot
yeah. tho hands of recreational waMnlseb have
used the Val for walhg, bkpg, horaebeck rdklg
and Nrownwblhg.
Original work on the tell was funded through dw
Sala of MYloosots. L4Med funds tar innigroverri
to the trot am ounrsrty oval" through the State
LOW". These luod, will be used to repair some
bridges, Iaprove drainage and rMOn portions of the
grew tral. Although these lunda w eaaemlN, dray
wig rot cow the entire cwt of repairs, upgrades, and
bridge rsplaowrrtas dal an much deeded
Bom of • stored post, the Luce Lk s, than a now,
has provded a moons of both nweNbn and
transpwWok Completed as far woo as Shab1 Bay
Road on Jlae 2 1014, Prooldw W.L. lap initially
operated ft Swarkc Short Law ROwW to bssrpon
vmaticr bMwsn Minneapolis and the
moors of Modlckw lake, Lake MYwralonkek Parkes e
Lem, Lisle hdgrdNOa. end Half Moon Lakes.
This pso&WW servke used char, qtm sal
proposed gosokwalmbk sun. But One Wined
ekrctlmlcamn with overhead massy ark" nekwr
occurred By 1037 the ram sdsnded to ask" and
the Iles began to sWalhe moss In camafte,
•eels es grain and ionnam. Fbwgver, taaoyM of
co "ItIon firm afher nradea N trernport, the
msAroad w lormaky abandoned in 1070 by the
Chicago NoMa'sstsm Ralway.
Remnams of the ra&oockg post aW "IN in the form
of telegraph poles, car sidings. WNW* ill" and the
Foundations of coal distribution buMdfngs. Today
vacationers and weekend ncredbnlsb oars continue
to Ireref the Luce Line to points rwM aid, song the
way, get a feel of the ralMad past.
Natural Lyta
Stretching across urban and "at landscape, the
Luca Line Tree Is a preserved strip of cou trye ce
alrve with many vanishes of palms and animals In IM
emu the influence Is d finitey woodand, a carry-over
horn the peel Wien is large IoM known as Me "Big
Woods' occupied 1M at".
Rolvq wands of sugar mills end basswood, along
with many colorful form flow ground� plan
can he found there. Just awl of Hubhlnson the Bp
Woods gives way to remnants of tie tan -pima
pfashe, with some prattle plants awl visible. Whirs
Inhabl ents range from deer. loo and rank to owls,
eaplea and pheasant. Merry adlwW taken also
support ducks and gas a. The Luce LM Is truly kke
e laum down a quiet country road.
Sufrtmar Activities
On the Luce Lim surrinossU a acdlvkles abound.
Bkydhg, one of the mop popular solvltles, begins in
Plymouth and continues on a paved kmetone
surface to Wrested. Moulmein hakes can challenge
the Iral on a natural sort" west of Winsted.
Bicyclists can also take advalmege of the Luce Line's
connections to adpining roods and trails for access
to M" other opportunities camping m Baker Park,
erahmtng In Parker's Lake pier lashing on Swan
Lake or touring around Medicine Lake. lust to name a
low.
Horseback ridem can enjoy a specially provided
hNdxey from Plyrroulh to WlnNed which parallels
the limestone surface From Wmsted westward they
can travel on the multiuse path, which has a natural
surface.
Hikers can explore lie length of the trail and use it to
get to the heart of celmral Minnesota Fa loggers and
walkers, the Irail offers a convenient route on which
to exercise and relax The last seven Vail miles are
marked to statist the walker or pgger m eslabhsmrg
target distances. At points swing the trail as users
have access to reel areas, prcmc grounds, water,
tolete and other services
WinfMActivi lNs
MtWhy continues into the winter on the Luce I inn
Cron"ountry, skiers can delghl in a epecraky
tracked section between plymomh and Stubb's Bay
Rood. Snowrnobibre can enjoy a groomed path west
from Stubb's Bay Road to just east of Cedar Mills At
some, points, however. the trail hoe break, whxh
nquke detours. Be sure to follow local ordinances
al detouring and do not Trespass Snowmobilers
have aa,em to a large network of grant in aid
mowr,,DWe hall, which connect rroh the Trail
throughout Hennepin, Carver McLeod and Meeker
counties.
ma
- -- Membership Application - --
L e Line Tmi (Assoeiation
P.O. Box 102 • WateAown, MN 5saee
Name
Address
Phone Number
How do you use the bell?
Arese of Interest:
❑ Hiking
❑ Biking
❑ Skiing
❑ Horseback Riding
❑ Srawmobiling
❑ Other - -- _ -_-
Membership Categories:
❑ Individual -- $10 a year
❑ Contributing -- $25 a year
❑ Sustaining -- $100 a year
❑ Lifetime -- $250 or more
Please make checks payable to:
two Line Troll Association
Contributions are tax deductible
Membership dollars go directly to the promotion,
development end niamlenance of the
Luce Line State Tail
Adopt -A -Trait Program
The Adapt -A -Trail program is a combined effort
between the Luca Line Trail Assmiallm and
volunteers such as you, along with the cooperation of
the Minnesota Department of Natural Resources.
Individuals, families and organizations ere
responsible for approximately 1 mile of treat. Some
pomons of the trail have two separate treadways to
maintain (limestone and grass halls),
Volunteers help keep the Luce Line State trail free of
unsightly liner, monitor condition, and perform routine
maintenance.
Please contact one of the people listed below for
mote Inlormatlon.
George Buam
Adopt -A -Trill Coordinator
Luca Line Trail Association
11825 County Road 24
Watertown, MN 55388
9552852
Dwk Schmitt
Plymouth to Whaled
DNR Trails t, Waterways
3980 Watedown Road
Maple Plain, MN 55259
Phone: 475 -0371
Joe DeJaeghere
Waisted to Colinas
DNR Trails& Waterways
14899CSAH I
Cosmos, MN 56228
Phone: 234 7916
Luce Line TTt dAssociation
P.O. Box 102
Watertown, Minnesota 553e,
ONIMP.lgt boary f
Vatrytylr -
Hub G.
!a] i S+ ra"1+w 1MOrl1� "I
8- 004Wrto "'"" *
r4wrraf r+tares Owb -re.I ry 75'1s'T
withill tr�n�.. rr u.ea
efF� AYW W IreYW - v.}w• -.
Mtsor Ilrsorwr ltrM.Tl . JL
Iisk"$ w
Nafdthe s, at11etf sal 'Mr9
Fred Baru enrem
smtretft waavt eturo .sr...
owe, P ante sa" MtIQ ea6 aa7 .sap� .:.
4yegftwm awftobv rr MOW 2' ,
Joe OMrtrb QGW17 ..
Jm wrrr. 6verbeek warm
Deborah Ownr 9eaaaao . ,q,
t57 CVFAw W ww^m a Iv
��� 9aa.9su tseare tasaMe Wl
Jak Well Mail "'
P0.e.as varawawcmum
Phu erker, fail
t4� r w
Joe" MOM* 31117-411113
fo7rkl(a D. .Agee` .w Wet ..
sw+rns Porn al la -
mf4eaM rratleaat, W afT'e
DaraM r@ 697-3319 ..
ism armies wwe.sw assn
tW , reasons 5117-
eats attar. ter6esm.w 119160
Prinfed April 1995
Luce Litte Trad A.s soc ia tiolr
--- established 1004
er
Lu /y fi ' ne
La i
kSSocultion
Dedreated to the
promotion, development
and maintenance of the
Lure I' -'Frail
����Jce)
0 -
. y
400.01 For the purpose of this ordinance the fallowing deMillOna apply:
e: 8^ewmobi - A tall propelled whielo designed tar travel on snow of ICs W a natMl
terrain steered by wheels, skis w runners.
It. 9aRrate . To control the operation of ■ snowmobile.
w goarrator - A person who Operota• Of N In actual control of a anowmoblhL
0
4".041 h Shan be unlawful for any person to operate a anavrmabll■ under the lollawing Olecumatano-
ean
a. On privet. prop" of another without the e:prne prmlulon to do " by Me awnr
or Occupant of old Prop".
b. On public School grounds. perk plait", playgrounds, racneffonal West and OCR
Dour"& without the saprw provrylon r penmlaslan to do so by the PrGPr pablld
Z athfw ty.
a. In a manner so at to areal@ bud. unnecessary ar unusual noes to as to disturb w
IM*Ars with the peso* and quiet Of other parsons '
d In & careless, racktee@ or negllgahi manner so as to endanger, Of be likely to
andmgw, the safety at any Paraan of the Property of any other peraOA.
O.
It shall be unlawrul for any person to operate a anavmtablle at a speed In excess of
{an (10) mnso par hour w WIR the CKY NmRs Of pinnace.
L h Shag be unlawful far any person who to a resident of the Clry to operate a
artawmobne on any of the City streets of the CRY of GtenCoe between the hours of
to :0e o'GOek Jet and 7:00 e'olaek amt ., except that such parson pre ante the City
1 t „� �� osa pant to a raa roemem and drive directly to his residents upon any non-
p Street on ono occasion after 17.00 o'clock p.m. It shalt be unlawful for any
non- resWenCS Of the GRY of Ghrncoe to OWSAS a snawmablle an the Strut' of the
Cm/ of OfencO* between the hours of to:00 ec;"k p.m. sled 7:00 o'clock sm., weeps
that a non.rutoam may depart the CRY ham a lawful location in said City via b direct
routs to We city Kmha and not traveling on any nenproldblted street on one Mra sleh
after t0:a0 o'clock p.m
y, It shall be unlawful to apemse a snowmobile at any time upon the fallowing atraaia:
1 tth Sheet between Ford and Ives Avenue, Oraelay Avenue between 10th and M
Street, Hennepin Avenue belnae. loth S 0 An d 1 h tr60t Su pr u illo n
ho shall not be applicable g n9 a
■utamobdp, trucks and other nnaor vehicles Cannot Pans upon said atraW due b
snow emergency canditiodt
431.07 All snowmobiles operand within the City of Glances shall have the fallowing equipment•
a. Mufflers which art peapeAy attached and which reduea the notes of operation of the
vehicle to the mimimum mots* naaeasary for aparation of tho vehicle, and rte peraan
shall use a mufnwr "t-out, bypass, or similar device on Said vehicle@.
ter Adequate brake, a• required by Mlerteala Statutes, Chapter 190.67, and of Nast ens
had fight and one tail 0ght
em A Safety at to Calla - deadman' Uxoitie In operoUrp Condition, a Safety Or'd "dman'
throttle is dailmad as a device which, when praesure k removed from the adMleMw
er lhratua, gauge, the motor to be o4angaged tram the driving trek
43s.04 It Is unlawful for the Owner w operator to ieeve or show a wowmabRe to be or rgnnln
unansnded on pubuo property white the moue is funning or *Mh the "to start Game in
the ignition switch.
43o.05 The C*y Caunall ma by resalutl9m, prohl" the apareuan of snnwmebhea within the right
of of public roads of streets or Oit:er airy property within the City of Glencoe, when In the
Oplrtian of the City Coun aU the public dfay and weHua so requYn. y as b
423,945 r a „ e�. �a�e s pan h4r"l u an d oow""Iwy as tlwuch + f =in bt kA
42b.o7 Arty prson.vbladng the terms of this Ordinaries shall upon Conviction lhersol. be hied ■ sum
ftW to exceed 5100.00 or s had be Imprkrred for ■ Wad 8 S YL (sal
Unhann Misdemeanor Violation hn4gFq h General 1ISP )
(tiovoc ordinance NN o eta adopted January a, !se flaatbn 43103(*) amended by
Ordinance . q Wded us by ordinance No. 222 Me� a
v*mbmri7, 1sio) retied M and section
u. �J C� ♦.�.u_ . -C ...� of u.�. u C__ - r._ - �_
0 CITY of ORONO
TRLZC COVER L9TTBR
•
Please deliver the Following page(s) to:
None: CD
aro*3 1.) MQ)a�C
Total number of pages CO including this cover
letter.
Dates
Phone: (612) 473 -7358 and ask fort f ► m
IF YOU DO NOT RECEIVE ALL THE PAGES pLRASB CALL US AS SOON AS
POSSIBLE.
Our telecopy number is: (612) 473 -0510
Additional Massages
IJ
SEC. 7.30. RECREATIONAL MOTOR VEHICLES
SNOWMOBILES).
5 7.30
(INCLUDING
Subd. 1. Definitions. For the purposes of this Section,
the terms defined shall have the meanings given them.
A. "Motorcyle" - Every motor vehicle having a seat
or saddle for the use of the rider and designed to travel on not
More designednfor three
use onestreetscandahighwaysthe neludi g , whether
motor scooters,
bicycles with motor attached other than those herein defined as
motorized bicycles, and mini - bikes.
B. "Motorized Bicycle" - A bicycle with fully
operable pedals which may be 9ropelled by human power or a motor,
or by both, with a motor of a capacity Of less than 50 cubic
centimeters piston displacement, and a maximum of two brake
horsepower, which is capable of a maximum speed of not more than 70
miles per hour on a flat surface with not more than one percent
grade in any direction when the motor is engaged.
C. "All- Terrain Vehicle" or "ATV" - Trail bikes,
amphibious vehicartiall similar
travel natural t rtain, but
used at least p Y
"ubdii sion 22, special Mobile hich is incorporated herein . by A reference. l,
Subdivi
D. "Snowmobile" - A self- propelled vehicle designed
for travel on snow or ice or natural terrain steered by
skis or runners.
E. "Recreational Motor Vehicle" - Any self -
propelled vehicle and any vehicle propelled or drawn by a self -
propelled vehicle used for recreational purposes, including but not
limited to a motorcycle, golf cart, go -Cart, motorized bicycle,
ell- terrain vehicle, snowmobile, hovercraft, or motor vehicle
licensed for highway operation which is being used for off -road
recreational purposes.
F. "Owner" - A person, other than a lien holder,
having a property interest in, or title to, a recreational motor
vehicle, who is entitled to the use or possession thereof.
G. "Operate" - To ride in or on and have control of
a recreational motor vehicle.
H. "Operator" - The person who operates or is in
actual physical control of a recreational motor vehicle.
\{� Subd. 2. Recreational
Motor Vehole Operating
i Restrictions. Except as otherwise specifically permitted and
authorized by the Councils itaisEol unlawful for any person to op
a erat�
ORONO CC 168
- . C%
Orory
•
A. On a public
for pedestrian travel.
B. On private
authority or permission Of the
sidewalk or walkway provided or used
property of another without written
owner or occupant.
C. On frozen waters or on any lands owned or
occupied by a public body or on frozen waters, including, but not
R
limited to, Luce Line Trail east of Stubbs Bay o e
not owned by the operator, school grounds, p ark pr P rt y,
playgrounds, recreational areas, private roads, platted but
unimproved public streets, utility easements, public trails (except
Luce Line Trail west of Stubbs say Road) and golf courses.
D. While the operator is under the influence of
liquor or narcotics, or habit - forming drugs.
E. At a rate of speed greater than reasonable or
proper under all of the surrounding circumstances.
F. In a careless, reckless or negligent manner so
as to endanger the person or property of another or cause injury or
damage thereto.
G. Towing any person or thing On a public street or
highway except through the use of a rigid tow bar attached to the
rear of a recreational vehicle.
( H. At a speed greater than 10 miles per hour when
within 100 feet of any lakeshore, except in channels, or of a
fisherman, ice house, skating rink, or sliding area, nor where the
operation would conflict with the lawful use of property or would
endanger other persons or property,
$ 7.30
I. In a manner so as to create a loud, unnecessary
or unusual noise which disturbs, annoys or interferes with the
peace and quiet of other persons.
J. Chasing, running over, or killing any animal,
wild or domestic.
K. During the hours between 11 :00 o'clock P.M. of
one day and 7:00 o'clock A.M. of the day next following, except
that during such hours a motorcycle or motorized bicycle, if
otherwise lawfully operated, may be operated on a public street or
private road.
Subd. 3. Owner Responsibility.
A. It is unlawful for the owner of any recreational
motor vehicle to permit its operation on private property without
written permission of the owner or occupant, on City property
without the permission of the Council, or on other public prrty
without permission of the body in charge thereof. For purposes
this Section, the owner shall be conclusively presumed to have
given such permission unless the recreational motor vehicle so
operated shall have been reported stolen to a law enforcement
agency prior to the occurrence.
ORONO CC 169 (4 -1 -84)
S 7.30
B. Every person leaving a recreational motor
vehicle in a public place shall lock the ignition, remove the key
and take the same with him.
Subd. 4. Additional Snowmobile Operating Regulations.
A. It is unlawful for any person to operate a
snowmobile upon the roadway, shoulder or inside bank or slope of
any street or highway. Operation in the ditch or on the outside
bank within the right -of -way of any street or highway except inter-
state highways or freeways is permitted in 'conformance with State
law and the City Code, unless the roadway directly abuts a public
sidewalk or walkway or property used for private purposes. Between
the hours of one -half hour after sunset to one -half hour before
sunrise, any operation may only be on the right -hand side of such
street or highway and in the same direction an the highway traffic
on the nearest lane of the roadway adjacent thereto.
B. A snowmobile may make a direct crossing of a
street or highway except an interstate highway or freeway,
provided:
1. The crossing is made at an angle of approx-
imately 90 degrees to the direction of the street or highway and at
( a place where no obstruction prevents a quick and safe crossing.
2. The snowmobile is brought to a complet
stop before crossing the shoulder or main traveled way of the
highway.
3. The driver yields the right-of-way to all
oncoming traffic which constitutes an immediate hazard.
4. In crossing a divided street or highway,
the crossing is made only at an intersection of such street or
highway with another public street or highway or at .a designated
crossing.
5. If the crossing is made between the hours
of one -half hour after eunset to one -half hour before sunrise or in
conditions of reduced visibility, only if both front and rear
lights are on.
C. No snowmobile shall enter any uncontrolled
intersection without making a complete stop. The operator shall
then yield the right- -ol -way to any vehicles or pedestrians which
constitute an immediate hazard.
D. Notwithstanding any prohibition in this Section,
a snowmobile may be operated on a public thoroughfare in an
emergency during the period of time when, and at locations where,
snow upon the roadway renders travel by automobile impractical.
E. No person under fourteen (14) years of age shall
operate on streets or highways or make a direct crossing of
street or highway as the operator of a snowmobile. A per900
fourteen (14) years of age or older, but less than eighteen (18)
ORONO CC 170 (4 -1 -84)
• s 7.30
years of age, may operate a snowmobile on streets or highways as
permitted under this Section and make a direct crossing thereof
only if he has in his immediate possession a valid snowmobile
safety certificate issued by the Commissioner of Conservation as
provided by Minnesota Statutes 1969, Section 84.86. It is unlawful
it
for the owner of e the the Of this Subparagraph.
to be be
operated contrary to
Subd. 5. Snowmobile Equipment. It is unlawful for any
person to operate a snowmobile unless it is equipped with the
following:
A. Standard mufflers which are properly attached
d n
the motortootheam ni,mumdnecessary the noise of
operation
operation.
of Mufflers
shall reference p as it existed on September 1, w 1970. 1 No personsh adopted lluse
a muffler cut -out, by -pass, straight pipe or similar device on a
snowmobile motor, and the exhaust system shall not emit or produce
a sharp popping or crackling sound.
D. At least one clear lamp attached to the front,
with sufficient intensity to reveal persons and vehicles at a
distance of at least loo feet ahead during the hours of darkness
under normal atmospheric conditions. Such head lamp shall be so
aimed that glaring rays are not projected into the eyes of an
oncoming vehicle operator. It shall also be equipped with at least
one red tail lamp having a minimum candle power of sufficient
intensity to exhibit a red light plainly visible from a distance of
500 feet to the rear during the hours of darkness under normal
atmospheric conditions. The equipment shall be in op
condition
hour vehicle
he One
after sunset operated
between t
one- half half before sunris
of reduced visibility.
E. Reflective material at least sixteen inches on
each side, forward of the handlebars, so as to reflect or beam
light at a 90 degree angle.
sources City Code
Effective Date: 4 -1 -84
(Sections 7.31 through 7.98, inclusive, reserved for future
expansion.)
ORONO CC 171 (4 -1 -84)
B. Brakes adequate
to control the movement of
of
and
the
to stop and
hold the snowmobile
under any conditions
operation.
C. A safety or so- called "deadman" throttle
in
operating condition, so that when
pressure is removed from the
is disengaged from the driving
accelerator
or throttle, the motor
track.
D. At least one clear lamp attached to the front,
with sufficient intensity to reveal persons and vehicles at a
distance of at least loo feet ahead during the hours of darkness
under normal atmospheric conditions. Such head lamp shall be so
aimed that glaring rays are not projected into the eyes of an
oncoming vehicle operator. It shall also be equipped with at least
one red tail lamp having a minimum candle power of sufficient
intensity to exhibit a red light plainly visible from a distance of
500 feet to the rear during the hours of darkness under normal
atmospheric conditions. The equipment shall be in op
condition
hour vehicle
he One
after sunset operated
between t
one- half half before sunris
of reduced visibility.
E. Reflective material at least sixteen inches on
each side, forward of the handlebars, so as to reflect or beam
light at a 90 degree angle.
sources City Code
Effective Date: 4 -1 -84
(Sections 7.31 through 7.98, inclusive, reserved for future
expansion.)
ORONO CC 171 (4 -1 -84)
g 7.9910
A pti3DgMgp�D10R OR PETTY MISD &M81►N08.
piOi.ATZOt subdivision, paragraph or
a ge, 7.99. section,he performs an act thereby Ilure
Every person viola Cha when
prov unla £ d
ails to act w hen
convi
ision of this wful, or
prohibited of declared or declared unlawful,
is thereby proh as follows=
thereof, shall be P the specific section, subdivisions
Where misdem0anor,
9ubd. 1• eci£ically makes violation a violation is
paragraph or P i
provision 1 a misdemeanor; where a e r or
as far so as to endang
he shall be punished or under circumstances h shall be punished
manner per son or property, of violation of any
committed to endanger any p e
to the
be likely where he stands convicted
as for a misdemean Ctiapter, exclusive o. vio
O thie or subsequent time, he
provision o parking of an unattended vehicle,
standing or p month period for the third
preceding 12- misdemeanor• ltions n a
shall he punished as for a violations constituting he shall
2. As t any hereof, he
5ubun Subdivision 1
mi
m i s demeanor
demeanor as for t provisions of
o ted by
Petty misdemeanor.
to any violation of a Provisio a dO !jon,
As
Subd. 3. punished as specified in such P
reference, he shall be p
/ adopted.
+. Source: City Coq -1_B4
Effective Date:
ORONO CC
172
(4 -1-8
Post -NN Fax Note 7671
J3
ORDINANU N0. 70 -01 1 "" TOTAL F
I
AN ORDINANCE REGULATING THE USX AND OPERATION UPON THE STYSBTS AND
HIGHWAYS AND UPON PRIVATE PROPXRTY WITHIN THE VILLAGE OF WINSTED,
INCORPORATING PROVISIONS OF THE STATE STATUTES RELATING TO SNOW-
MOBILES BY REFERENCE AND IMPOSING A PENALTY FOR THE VIOLATION THERWR
THE VIII E COUNCIL OF WINSTED DOSS ORDAIN:
Section 1 _State Statutes incorporated by reference, Thal
provisions of Sections 3, 4, 7 and 8 of Chapter 876 of the Lava of
1967, being Sections 84.81. 84.82, 84.84 and 84.86 of the Minnesota
Statutes, and the provisions of Sections 3, 6, 9. 10 and 13 of
Chapter 695 of the Laws of 1969 being Sections 84.82, Subd. 1,
84.86, 84.871, 84.872 and 171.03 of the Minnesota Statutes, are
hereby adopted as Snowmobile Regulations for and within the Villaga
of Winated and are hereby incorporated in and su:d0 a part of this
Ordinance as completely ea if set out here in full.
Section 2. Operation of Snowmobiles.
1
Subd. 1. Operation on streets and highways.
I
(a) No person @ball operate a snowmobile upon the
streets and highways in the Village of Winstad except as herein i
provided. No person shall operate a snowmobila upon a street or
highway except while driving the saw to or from his home or driving
in or out of the city limits i, but such driving shall not be done im
y
the restricted districttpr upon the traveled portion of any strea
'
f
between the hours of 1:00 A.M, to one -half hour before sunris The
restricted district is comprised of the following axaas: First
Street North from the South line of Andy Avenue West to Main Avenue
West; Second Street from the South line of Andy Avenue West to th4k
'
North line of Mcleod Avenue West; and Main Avenue West from First I
;
Street North to Third Street North.
(b) A enowmobila may make a direct crossing of a street
or highway provided:
(1) The crossing is made at an angle of approximately 90
to the direction of the highway and at a place where no
obstruction prevents a quick and safe crossing; and
wddarl
1 -- 1 U - ,. 1 „{ a1L 40J zoaa r.uz
(2) The snowmobile is brought to o complete stop before
crossing the main traveled way of the street or highway; ?ad I
(3) The driver yields the right of way to all oncoming ; I
traffic which constitutes an immediate hazard. q
(c) No person shall operate a snowmobile upon a public
I
street or highway unless he is a licensed driver and unless the '
snowmobile is equipped with at least one headlamp and one tail
lamp, and with brakes which conform to standards prescribed by
i
Rule of the Commissioner of Highways.
(d) A snowmobile may be operated upon a public street or:
highway other than as provided above in an emergency during the
period of tiaa when and at locations where snow upon tha roadway .
renders travel by automobile impractical.
(s) All provisions of the Minnesota Highway Traffic Regina -
tion Act, 'Chapter 169 of the Minnesota Statutes, and all provisions
of Traffic Ordinanc adopted by the Village of Winstad shall apply `
to the operation of snowmobiles upon streets and highways in thsl
Village of Winsted, except for those provisions relating to re-
quired equipment, and except those which by their nature have no
application.
Subd. 2, Operation Generally. It shall be unlawful for!
any person to drive or operate any snowmobile in the following
unsafe or harassing waya3
(a) At a rata of speed greater than reasonable or propsr
under all of the surrounding circumstances;
(b) In careless, reckless or negligent manner so as to, {
endanger the person or property of another or to cause injury orl
damage theretol
(c) While under the influence of intoxicating liquor or
i
narcotics or habit forming drugs;
(d) Without a lighted headlight and tail light when requtrod
for safety;
(e) Up= any private property in the Village of Winsted
without the consent or permission of the owner or occupant;
I �
-2-
J1"If`I 10 - 1JJD 1D•7L
Pq
DIE QMD LORD r. O.J
(f) Upon nay public or park property in the Village of
Winsted in such a manner as to inure, damage or destroy plants,
shrubs, bushes or trees, or to otherwise damage such public or j
park property;
I
(g) In the area of the Hospital while creating unnecessary
noise or in a disturbing manner.
Sections 3. LWILtj Any violation of the provisions or
this Ordinance, including the Sections of the Minnesota Statutss
adopted by reference, is a violation of this Ordinance when it
occurs within the Village of Winsted. Any person thus violating
any provision of this Ordinance shall be guilty of a misdemeanor
and shall be punished by a fine of not to exceed $100.00, or by
imprisonment in the Village or County Jail for a period of not tal
exceed 90 days; but such imprisonment shall not be imposed for a
first offense unless any fine imposed therefor is not paid as
ordered.
Section 4, Reosal, Ordinanca No. 69 -01, bearing the sam¢
title as this Ordinance, and passed by the Village Council on i
January 7, 1969, is hereby repealed.
i
Sm tion S. Effect, This Ordinance shall take affect and
be in force from and after its passage and publication according
to law.
Passed by the Village Council
this gth day of January, 1976.
Mayor
i
Attests
Published in the WINSM JOURNAL on January 1970.
i
I
-3-
1
�Xc ):� o/b Section 730:00
W
Section 730 - Snowmobiles
=action 730:00. Intent. It is the intent of this or ement
MI" sota Statutaa M Chapters 64.81 through 8
h �O8 to d b Law
Chapter 695. with respect to the operation a snowmobilesi ea amended Laws 1969,
intended to allow what the state statutes . This ordinance is not
statutes ax ee prohibit nor to prohibit what the state
Pr �y show. This ordinance shall not repeal or slier the effect
Of Section 230:00 et seq, relating to parks.
Section 730.05. Definitions
Subd. 1. The following words and phrases when used in this ardlnsnee
have the meanings sat forth in the subdivisions which follow.
Subd. 2. "Person" SaoltAes an individual Partnarsh12, corporation,
the state and its agencies and subdivision and any body of persons,
whether incorporated or not.
Subd. 3. "Operate" means to ride an or in and control the operation of
a snowmobile.
Ste- fit., "Operator" means every person who oparatas or is in actual
Physical control of a snowmobile.
Subd- 5. "Roadway" mea that portion of a highway improved, desigr, 1
_ or ordinarily used for vehicular traffic.
• Subd• 6. "Snowmobile" moans a self-propelled vehicle designed for travel
on snow or ice or a natural terrain steered by wheels, skiis or rurszera.
Subd. 7. "Owner" means a person, other than a lien holder, having the
property in or title to a snowmobile entitled to the use or possession
thereof.
Section 730;10. Operation on Streets or 1{iuhwa�rs
Subd. 1. All Of the 'Provisions of Laws 1967, Chapter 876, as amended,
relating to operation or Unowmabilas are hereby adopted as regulations
for the streets, highways, public lands or ice covered public waters
within the corporate limits of this'murLicipality and are incorporated and
made a part of this ordinance as completely as if set out here in full.
Subd. 2. All Provisions of the Ninheaota Statutes Annotated, Chapter 169,
shall apply to the operation of snowmobiles upon streets and highways,
except Yor those relating to reg1tired equipment, and except those which
by their nature have no applicaetlon.
Subd • 3. RORIE ration. No cnowiroLile shall be operated on public streets
withlu the corporate im'_ts of this municipality wMout having such a
snowmobile registered under state law.
P=4t� brand tai transmlw memo W ea -
Z P�P� .
C rCr'` r Section 730:15 (contd.)
(j)
Directly across a public street unless: (1) the
operator is 14 years or more of age; (2) an
operator who is 14 years or more of age and less
than 18
years of age possesses a valid Snowmobile •
safety certificate issued by the Minnesota
Commis-
sioner of Conservation; (3) the crossing is made
at an angle of approximately go to the direction
of the roadway and at a place where no obstruction
prevents a quick and safe crossing; (4) the snow-
mobile is brought to a complete stop before crossing
the roadway; (5) the driver yields the right -of-
way to all on- coming traffic which constitutes an
immediate hazard.
(k)
Along a public street unlesss . (1) the operator is
fourteen years or more of age; (2) the operator
who is less than 18 years possesses a valid snow-
mobile safety certificate issued by the Minnesota
Commissioner of Conservation; (3) the snowmobile
is brought to a complete stop at each streetinter-
section which it encounters; (4) the snowmobile
proceeds along the right hand side of the traveled
portion of the street in single file.
(1)
Along a public street while towing a toboggan, sled,
or other similar device, except with the use of a
rigid tow -bar attached to the rear of a snowmobile.
(m)
On public sidewalks or boulevards.
(n)
Without a lighted headlight when required for
safety, said headlight having a minimum candle
power of sufficient intensity to reveal' persons
and vehicles at a distance of at least 100 feet
ahead during hours of darkness under normal atmos-
pheric conditions.
(o)
Without a lighted tail light when required for
safety, said tail light being red in color and
having a minimum candle of sufficient intensity
to be plainly visible from a distance of 500 feet
to the rear during hours of darkness under normal
atmospheric conditions.
(p)
On any publicly owned lands and frozen waters
including but not limited to school grounds, park
propert,r, recreational areas, except areas previously
listed or authorized for such use by the proper pub-
lic authority in which case such use shall be lawful,
and snowmobiles may be driven in and out of such
areas by the shortest route.
Section 730:15
Subd. 4. Lamps, Brakes, Mufflers and SafetV Throttle.
No snowmobile shall be operated on a public roadway, street
or highway or on any lands of this municipality unless it
• is equipped with the following:
(a) at least one headlamp and one tail lamp.
(b) brakes adequate to control the movement of and
to stop, and to hold, the snowmobile under any
conditions of operation.
(c) standard mufflers which are properly attached and
which reduce the noise of operation of the vehicle
to a noise level which shall not be a disturbance
to residences of the area of operation and no
person shall use a muffler cut -out, bypass, or
similar device on said vehicles.
(d) a safety or so- called "deadman" throttle in oper-
ating condition; a safety or 'deadman" throttle
is defined as a device which, when pressure is
removed from the acclerator or throttle, causes
the motor to be disengaged from the driving track.
Section 730 :15. Prohibited Acts No snowmobile shall be operated:
(a) Within 100 feet of any shoreline fisherman, pedes-
trian, skating rink or sliding area or in any other
area where the operation would conflict with or
endanger other persons or property;
i
(b) At a rate of speed greater than reasonable or
proper under all the surrounding circumstances,
except under no circumstances shall a snowmobile
be operated on a street or highway at a spe'5PE
exceeding 2Q mil es p hour;
(c) In a careless, reckless, or negligent manner so
as to endanger the person or property of another
or to cause injury or damage thereto;
(d) While under the influence of intoxicating liquor
or narcotics or habit - forming drugs;
(e) Without a lighted head and tail light when required
for safety;
(f) In any planting or tree nursery in a manner which
damages or destroys growing stock;
(g) In any cemetery;
(h) On private property of another without permission
of the owner of said property; provided, it shall
be a sufficient defense to the prosecution for a
violation of this provision that the defendant has
permission in writing from the owner or lawful
occupant of the land;
(i) On a public roadway or street unless traveling to
or from a specified destination;
OF MINNETRISTF P.1
/
. MOTOR VEHICLES AND TRAFFIC 4 14.56
Morningview Drive.
Westwood Drive and Avenue.
All other city roads are subject to the legal limit of nine (9) tons per axle.
(b) Subsection (a) does not apply to municipal and fire vehicles, public utility trucks,
garbage trucks, oil delivery trucks, school buses, and bulk milk trucks.
(Ord. No. 39, 4 1(1), Wei), 3- 15.71)
State law reference— General weight restrictions authorized, M.S. 4 169.825, aubd..15.
Sec. 1440. Seasonal road restrictions.
(a) No vehicle having an axle weight in excess of throe (3) tons, except as provided in
subsection (b) or as authorized pursuant to section 1437, may be operated upon the following
road$ within the city between March 15 and May 15 of any year:
Eastview Avenue.
Hardscrabble Circle or Road.
King's Point Road, bituminous portion.
Minnneapolis Avenue.
Tuxedo Road.
i
d
a
l 'J
J
,f`l'Y e
a
provided in
G upon any city
(c) Subsections (a) and (b) do not,' �a k Jniclea, public_utility
trucks, garbage trucks, oil delivery truc,. �'k the above vehicle# may
operate during the time stated therein with . a "-cd seven (7) tons.
(Ord. No. 39, S 1(1), (3)(b), 3.15.71)
State law reference — Seasonal load restrictio. Azed, M.S. 4 169.87.
Enchanted Lane.
Morningview Drive. %
Westwood Drive and Avenue. %
(b) No vehicle having an axle weight in e�✓ �t
subsection (b) or as authorized pursuant to p'
street, road or highway between March 15.r' •
Seca, 1441 -1445. Reserved.
ARTICLE IV. RECREATIONAL VEHICLES*
Sec. 14-48. Definitions.
The following words, terms and phrases, when used in this article, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Operate means to ride in or on and control the operation of a recreational vehicle.
*State law references— Snowmobilea; M.S. 4 84.81 et seq.; motorized golf carts, M.S. g
169.045.
797
JRN 10 "J(5 In = CITY Or MIr1Nr TRI3TR
4 14.513 MINNETRISPA CITY CODE
Operator means every person who operates or is in actual physical control of a recrea-
tional vehicle.
Owner Means a person, other than a lienholder having the property in or title to recrea-
tional vehicle entitled to the use or possession thereof.
Recreutianal uehicle means a self - propelled vehicle designed for travel on snow or ice or
natural terrain steered by wheels, skis or runners.
Right-of-way means the entire strip of land traversed by a highway or street in which the
public owns the fee or an easement for roadway purposes.
Roadway means that portion of a highway improved, designed, or ordinarily used for
vehicular travel, including the shoulder.
Safety or deadman throttle means a device which, when pressure is removed from the
engine accelerator or throttle, causes the motor to be disengaged from the driving track.
Snowmobile means a self - propelled vehicle designed for travel on snow or ice steered by
skis or runners.
Street or highway means the entire width between boundary lines of any way or place
when any part thereof is open to the use of the public, as a matter of right, for the purposes of
vehicular traffic.
(Ord- No. 96, 4 1(1), 12 -7 -70)
State law reference — Definition applicable to state snowmobile laws, M.S. § 84.81.
Sec. 14.57. State statutes adopted.
Minnesota Statutes, sections 84.81 to 84.88 and Minnesota Statutes chapter 169, except
for those provisions of chapter 169 relating to required equipment or which by their nature
have no application are adopted by reference as is set out at length in this article.
(Ord. No. 36, 4 1(5), 12 -7.70)
State law reference— Adoption by reference, M.S. 4 471.62.
Sec. 14-58. Application of traffic ordinances.
All city traffic ordinances shall apply to the operation of recreational vehicles upon
streets and highways.
(Ord. No. 36, 4 2(5), 12 -7.70)
Sec. 14-68. Operation generally.
- Except as otherwise specifically permitted and authorized, it is unlawful for any person to
operate a recreational vehicle within the city:
(1) On a public sidewalk or walkway provided or used for pedestrian travel;
(2) On private property of another without lawful authority or consent of the owner or
occupant;
(3) On any publicly -owned lands and frozen waters, including but not limited to school
grounds, park property, playgrounds, recreation areas and gulf courses, except areas
798
JRY 10 '75 In ;E5 CITY OF MII ETRI3TR
r
MOTOR VEHICLES AND TRAFFIC
4 14 -80
previously listed or authorized for such use by the proper public authority, in which
ease such use should be lawful and recreational vehicles may he driven in and out of
such areas by the shortest route. Authorized areas in the city owned by the city shall
be designated by council resolution;
(4) At any place, while under the influence of intoxicating liquor or narcotics or habit
forming drugs;
State law referenoe— Operation of snowmobile under influence of alcohol, drugs,
etc., M.S. § 84.87, subd. 2(c).
(5) At a rate of speed greater than reasonable or proper under all the surrounding
ci rcumstan ces;
State law reference -- Operation of snowmobile at improper speed, M.S. § 84.87,
subd. 2(b).
(8) At any place in a careless, reckless or negligent manner so as to endanger the person
Or property of another or to cause injury or damage thereto;
State law reference — Careless operation of snowmobile, M.S. 4 84.87, subd. 2(b).
(7) So as to tow any person or thing on a public street or highway except through use of a
rigid tow bar attached to the rear of the recreational vehicle;
(8) At a speed greater than ten (10) miles an hour when within one hundred (100) feet of
any lake-shore, except in channels, or of fishermen, ice houses or skating rinks, nor
shall operation be permitted within one hundred (100) feet of any sliding area, nor
`-! where the operation would conflict with the lawful use of property or would endanger
other persons or property;
(9) In a manner so as to create a loud, unnecessary or unusual noise which disturbs,
annoys or interferes with the peace and quiet of other persons.
(Ord. No. 38, 5 1(3), 12 -7.70)
Sec. 1480. Operation on streets and highways generally.
(a) No person shall operate a recreational vehicle upon the roadway, shoulder or inside
bank or slope of any street or highway within the city. Operation in the ditch or on the outside
bank within the rightof - way of any street or highway except interstate highways or freeways
is permitted in conformance with state law and city ordinances, unless the roadway directly
abuts a public sidewalk or walkway or property used for private purposes. Between the hours
�u h� of one -half hour ages suna�r _to one -half hour before sunrise any operation may only be on the
nght hand side of such street or highway and in the same direction as the highway traffic on
the nearest lane of the roadway adjacent thereto.
(b) A recreational vehicle may make a direct crossing of a street or highway except an
interstate highway or freeway, provided:
(1) The crossing is made at an angle of approximately ninety (90) degrees to the direction
of the street or highway and at a place where no obstruction prevents a quick and
safe crossing;
798
4 14.60
MINNETRISTA CITY CODE
(2) The snowmobile is brought to a complete stop before crossing the shoulder or main
traveled way of the highway;
(3) The driver yields the right -of -way to all oncoming traffic which constitutes an imme-
diate hazard;
(4) In crossing a divided street or highway, the creasing is made only at an intersection
of such street or highway with another public street or highway;
(5) If the crossing is made between the hours of one -half hour after sunset to one -half
hour before sunrise or in conditions of reduced visibility, only if both front and rear
lights are on.
(c) No recreational vehicle shall enter any uncontrolled intersection without making a
complete stop. The operator shall then yield the right-of -way to any vehicles or pedestrians
which constitute an immediate hazard.
(d) Notwithstanding any prohibition in this article, a snowmobile may be operated on a
public thoroughfare in an emergency during the period of time when and at locations where
snow upon the roadway renders travel by automobile impractical.
(Ord. No. 86, 4 1(2), 12.7.70)
State law reference— Operation of snowmobiles on streets and highways, M.S. § 84.87.
Sec. 1461, Equipment.
It is unlawful for any person to operate a recreational vehicle any place within the limits
of the city unless it is equipped with the following:
(1) Standard mufflers which are properly attached and in constant operation, and which
reduce the noise of operation of the motor to the minimum necessary for operation.
Mufflers on anowmobiles shall comply with Regulation CONS. 55 which is hereby
adopted by reference as it existed on September 1, 1970. No person shall use a
muffler cutout, by -pass, straight pipe or similar device on a recreational vehicle
motor, and the exhaust system shall not emit or produce a sharp popping or crackling
sound;
State law references— Adoption by reference, M.S. 4 471.62; snowmobile muf-
flers, M.S. § 84,871.
(2) Brakes adequate to control the movement of and to stop and hold the recreational
vehicle under any conditions of operation;
(3) A safety or so-called "deadman" throttle in operating condition, so that when pres-
sure is removed from the accelerator or throttle, the motor is disengaged from the
driving track;
(4) At least one (1) clear lamp attached to the front, with sufficient intensity to reveal
persons and vehicles at a distance of at least one hundred (100) feet ahead during the
hours of darkness under normal atmospheric conditions. Such head lamp shall be so
aimed that glaring rays are not projected into the eyes of an oncoming vehicle
operator. It shall also be equipped with at least one (1) red tail lamp having a
;:1i
JR" 16 "76 In ;&r CITY OF MINNETRI5TR
MOTOR VEHICLES AND TRAFFIC if 14.64
minimum candle power of sufficient intensity to exhibit a red light plainly visible
from a distance of five hundred (600) feet to the rear during the hours of darkness
under normal atmospheric conditions. The equipment to be in operating condition
when the vehicle is operated between the hours of one -half hour after sunset to
one-half hour before sunrise or at times or reduced visibility.
State law reference —Lamps on snowmobiles, M.S. $ 84.87, subd. 1(c), subd. 2(d).
(5) Reflective material at least sixteen (16) Square inches on each side, forward of any
handlebars, ,w as to reflect or beam light at it ninety - degree angle.
(Ord. No. 36, 11(4). 12 -7.70)
See. 14-82. Operation by minors.
(a) No person under fourteen (14) years of age shall operate on streets or highways or
make a direct crossing of a street or highway as the operator of a recreational vehicle. A
person fourteen (14) years of age or older, but lean than eighteen (18) years of age, may operate
a snowmobile on streets or highways as permitted under Chia article and make a direct
crossing thereof only if he has in his immediate possession a valid snowmobile safety certifi•
cate issued by the commissioner of conservation as provided by Minnesota Statutes, section
84.86.
(b) It is unlawful for the owner of a recreational vehicle to permit the recreational vehicle
to be operated contrary to the provisions of this section.
(Ord. No. 36, li 1(6),12-7-70)
See. 14-63. Leaving unattended.
Every person leaving a recreational vehicle in a public place shall lock the ignition,
remove the key and take the same with him.
(Ord. No, 36, 4 1(7), 12.7.70)
State law reference— Youthful snowmobile operations, M.S. A 84.872,
See. 1444. Chasing animals.
It is unlawful to intentionally drive, chase, run over or kill any animal, wild or domestic,
with a recreational vehicle.
(Ord. No. 36, 3 1(8),12-7-70)
801 lThe next page is 8511
t%
SEC. 8.09. SNOWMOBILES. $ 8.09
Subd. 1. Definitions. For the purposes of this Section,
the terms defined shall have the meaning given them.
1. "Snowmobile" - A self propelled vehicle designed
for travel on snow or ice or natural terrain steered by skis or
runners.
2. "Owner" - A persons, other than a lien holder,
having a property interest in, or title to, a snowmobile.
Subd. 2. Snowmobile Operating Restrictions. It is
unlawful to operate a snowmobile as follows:
A. on a public sidewalk or walkway used for
pedestrian travel, or upon any boulevard.
B. on private property of another without lawful
authority or permission of the occupant or owner.
C. On school grounds, park property, playgrounds,
recreational areas, and golf courses, without express permission to
do so by the property authority.
• D. Upon any county road or state highway within the
City of Hutchinson, or within the designed "downtown area" which
includes and is bounded by the rights of way of Franklin, Main and
Hassan Streets from Second Avenue North to Fifth Avenue South.
E. Upon any street, other than the most direct
route from the owners or operators residence to the nearest
departure point from the City or appropriate snowmobile trail.
F. During the hours between 10:00 o'clock P.M. and
7:00 o'clock A.M. of the day next following, Sunday through
Thursday, and the hours between 12:00 o'clock midnight and 7:00
o'clock A.M. of the day next following, Friday and Saturday.
G. At a rate of speed greater than reasonable or
proper under all of the surrounding circumstances and in no
instance in excess of 20 MPH upon a public street.
H. At a speed greater than 20 MPH when within 100
feet of any lake shore except in channels or when within 100 feet
of a fisherman, ice house, skating rink, or sliding area, nor where
the operation would conflict with the lawful use of property or
would endanger other persons or property.
167 (2 -1 -94)
S 8.09 0
I. In a careless, reckless or negligent manner, so
as to endanger the person or property of another or cause injury or
damage thereto.
J. To tow any person or thing other than a disabled
snowmobile, upon a public street except through the use of a rigid
towbar.
K. To chase or run over any animal, wild or
domestic.
Subd. 3. Snowmobile Equipment. It is unlawful for any
person to operate a snowmobile unless equipped with the following:
A. Standard mufflers which are properly attached
and in constant operation, and which reduce the noise of operation
of the motor of the minimum necessary for operation. Mufflers
shall comply with Regulation CONS. 55 which is hereby adopted by
reference as it existed on September 1, 1970. No person shall use
a muffler cut -out, by -pass, straight pipe or similar device on a
snowmobile motor, and the exhaust system shall not emit or produce
a sharp popping or crackling sound.
B. Brakes adequate to control the movement of and •
to stop and hold the snowmobile under any conditions of the
operation.
C. A safety or so- called "deadman" throttle in
operating condition, so that when pressure is removed from the
accelerator of throttle, the motor is disengaged from the driving
track.
D. At least one clear lamp attached to the front,
with sufficient intensity to reveal persons and vehicles at a
distance of at least 100 feet ahead during the hours of darkness
under normal atmospheric conditions. Such head lamp shall be so
aimed that glaring rays are not projected into the eyes of an
oncoming vehicle operator. It shall also be equipped with at least
one red tail lamp having a minimum candle power of sufficient
intensity to exhibit a read light plainly visible from a distance
of 500 feet to the rear during the hours of darkness under normal
atmospheric conditions. The equipment tote in operating condition
when the vehicle is operated between the ;yours of one -half hour
after sunset to one -half hour before sunrise or at times of reduced
visibility.
168 (2 -1 -94) 0
0
Subd. 4. Special Orders.
0
E. Reflective material at least sixteen inches on
each side, forward of the handlebars, so as to reflect or beam
light at a 90 degree angle.
A. Notwithstanding any prohibition in this Section,
a snowmobile may be operated upon a public street in an emergency
during the period of time when, and at locations where, snow upon
the roadway renders travel by automobile impossible.
B. For safety purposes every person leaving a
snowmobile in a public place shall lock the ignition and remove the
key.
SUM. S. owner Responsibility. It is unlawful for the
owner of any snowmobile to permit its operation in violation of
this ordinance. The party holding title to the snowmobile shall be
conclusively presumed to be the owner unless the snowmobile shall
have been stolen and so reported to a law enforcement agency.
Source: Ordinance No. 92 -63, 2nd Series
Effective Date: October 27, 1992
$ 8.09
(Page 170 reserved for future expansion)
0
169
(2 -1 -94)
1 \ 1
S 8.09
D. Notwithstanding any prohibition in this Section, -
a snowmobile may be operated on a public thoroughfare in an
emergency during the period of time when, and at locations where,
snow upon the roadway renders travel by automobile impractical.
E. No person under fourteen (14) years of age shall
operate on streets or highways or make a direct crossing of a
street or highway as the operator of a snowmobile. A person
fourteen (14) years of age or older, but less than eighteen (18)
years of age, may operate a snowmobile on streets or highways as
permitted under this Section and make a direct crossing thereof
only if he has in his immediate possession a valid snowmobile
safety certificate issued by the Commissioner of Conservation as
provided by Minnesota Statutes 1969, Section 84.86. it is unlawful
for the owner of a snowmobile to permit the snowmobile to be
operated contrary to the provisions of this Subparagraph.
Subd. 6. Snowmobile Equipment. It is unlawful for any
person to operate a snowmobile unless it is equipped with the
following:
A. Standard mufflers which are properly attached
and in constant operation, and which reduce the noise of operation
of the motor to the minimum necessary for operation. Mufflers
shall comply with Regulation CONS. 55 which is hereby adopted by
reference as it existed on September 1, 1970. No person shall use .
a muffler cut -out, by -pass, straight pipe or similar device on a
snowmobile motor, and the exhaust system shall not emit or produce
a sharp popping or crackling sound.
B. Brakes adequate to control the movement of and
to stop and hold the snowmobile under any conditions of the
operation.
C. A safety or so- called "deadman" throttle in
operating condition, so that when pressure is removed from the
accelerator or throttle, the motor is disengaged from the driving
track.
D. At least one clear lamp attached to the front,
with sufficient intensity to reveal persons and vehicles at a
distance of at least 100 feet ahead during the hours of darkness
under normal atmospheric conditions. Such head lamp shall be so
aimed that glaring rays are not projected into the eyes of an
oncoming vehicle operator. It shall also be equipped with at least
one red tail lamp having a minimum candle power of sufficient
intensity to exhibit a red light plainly visible from a distance of
500 feet to the rear during the hours of darkness under normal
atmospheric conditions. The equipment to be in operating condition
when the vehicle is operated between the hours of one -half hour
after sunset to one -half hour before sunrise or at times of reduced
visibility.
E. Reflective material at least sixteen inches on
each side, forward of the handlebars, so as to reflect or beam
light at a 90 degree angle.
170 (7 -1 -89)
0
�1% D ►I � : _ ► 1 u
TO: Mayor and Council
FROM: Brenda Ewing, Planning Coordinator
DATE: January 17, 1996
SUBJECT: Excellence Plus Objectives
Attached are the Excellence Plus objectives that were developed by the Council and the Directors
and to which the final revisions were made at the Council workshop held on January 9.
The Excellence Plus objectives will be considered by the Council at the regularly scheduled
meeting on January 23, 1996. If you have any further questions regarding the objectives, please
contact any of the following:
0
Gary Plotz, City Administrator - 234 -4201
Dick Lennes, HCDC - 234 -4223
Brenda Ewing, Planning Coordinator - 234 -4239
Enc.
0
11
Finance
Before the 1997 truth and taxation hearing, identify and use eight indicators of
growth as a guide to justifying annual revenues needed each year through
2001.
Reduce the City Debt Service from 43% to 30% of the total
annual tax levy by 2002.
Project a five -year financial impact on all projects exceeding $50,000,
total cost, to be implemented through 2001.
Develop,each year, a three -year cost analysis for implementing mandates
imposed on the City of Hutchinson by other entities through 2001.
Operational Efficiency
ncept of "ESSA" (Eliminate, Simplify, Systematize,
10 different operational processes by 2002.
mance standards for six functions of general
City government and six functions for each department for use as
operational measurement by 2002.
Community Development
"hiswotirvs�R
Facilitate the creation of at least 100 Hutchinson permanent full -time
jobs per year through 2001.
Implement a system to insure City comprehensive planning is an
on -going process with appropriate yearly revisions by 2002.
Human Resource Development
ablieetivt
Implement, by 2002, curriculum in four separate "skill sets" to be
offered as classes for all employees.
Implement at least five City -wide policies relating to employee
recognition, tuition reimbursement, personnel advancement,
education/training, and community involvement by 2002.
Community Involvement
3
Implement three methods for monthly communication with the
residents of Hutchinson beginning in 1997 and continuing through 2001.
Use at least three separate methods to annually measure resident perceptions
on various aspects of City services through the year 2001.
Develop, by 2002, a community resource base of at least 100 people that
would like to participate on boards, councils, commissions, committees,
projects, and/or task forces.
Customer Service
Document, in each City department, a 30% increase in
customer satisfaction by 2002.
Develop a s-, stem to process all ideas, suggestions, or complaints from the
customer (uitemal/exterual) by the year 2001.
• CITY OF HUTCHINSON
BUILDING / PLANNING / ZONING DEPARTMENT
I I I HASSAN STREET S.E., HUTCHINSON, SIN 55350 PHONE: 612 - 234 -4216 FAX: 612. 234.4240
MEMORANDUM
DATE: January 17, 1996
TO: The Mayor and City Council
FROM: Jim Marka - City Center Facility rn
RE: Consideration to Purchase Three Office Cubicles/Furniture
for the City Center
The City Center Directors met on January 16, 1996, to discuss and conduct a "cubicle/office
furniture needs assessment" for the City Center. We have received quotes through the State
Contracts Arrangements, utilizing Mr. Peter Moeller with General Office Products, and it
appears the request for expenditure breaks down approximately as follows:
Relocation of Engineering Secretary (Approximately) $6763.00
This facilitates the relocation of the Building
and Planning Commission Secretaries to better
serve our front desk customers. It also accommodates
the relocation of Fire Marshal Stotts from the Fire
Station to the City Center - promoting the "One -Stop
Shop" concept.
Relocation of John Bernhagen (Approximately) $6000.00
This facilitates the expansion of HRA's office space
and accommodates HCDC's rearrangement office needs.
Addition of 1- cubicle furniture to accommodate (Approximately) $6000.00
future needs i.e. intern/special needs. The directors
feel it is important to accommodate 1 additional cubicle
space at this time to facilitate special situations i.e.
Solitra, interns. This will also eliminate exposure to
product line and fabric changes.
I ask that the Council recognize that these quotes and budgeted dollars are approximate, but
not to exceed $20,000. I request this latitude only to assure that I have addressed all of the
0 involved departments needs. Thank you.
9�
SUBJECT
I am recommending that the City of Hutchinson sell the 1977 Chevrolet Dump Truck, equipped
with a one -way snow plow and sand/salt spreader, to the Hutchinson School District #423. The
vehicle was inspected by School Board and School Maintenance personnel and found to be
adequate for their needs. The School Board authotized the purchase of the 1977 Chevrolet
Truck, VIN #CCE667V128903, equipped with one -way snow plow and sand /salt spreader for a
total price of $8,600.00, contingent on City Council approval. I checked with truck sales
personnel in Minneapolis, and confirmed that the price was reasonable and fair for both parties
concerned. Based on my findings, I strongly recommend the sale of the City vehicle to the
Hutchinson School District.
See the attached copy of the School Board Minutes confirming their approval and purchase
price.
Ciry Center
I I I Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
1612)587 -2975
Fax (612) 2344240
- Printed on recvrled paper -
Police S
10 Franklin
Hurchinson, MI.
(612)58 1
Fax (612). f�
EX1_ sF
e,lA t r o ll /.7 -/ -) - .
_5&I i7 rr Ic T A/o _ Y2,3
QARY L H09ft
WARY A" - 4JIUM
u,cwn.Ea.,M.N,
Moved by Douglas Brown, seconded by Stephen Borstad, with all
members present voting aye, the board adopted a revised drug
testing policy (GBEDD) as presented.
Moved by Douglas Brown, seconded by Mark Erickson, with all
members present voting aye, the board approved the purchase of a
1977 2 -ton dump truck from the City of Hutchinson in the amount
of $8,600, and authorized the administration to sell the
district's present 2 -ton truck through the bid process.
Superintendent Matejka updated the board on Park Elementary
lintel repair bids.
Board members reviewed December 1, 1995 student enrollment.
Moved by Bonnie Baumetz, seconded by Stephen Borstad, with all
members present voting aye, the following employment was
approved:
Jan Berg - Additional employment for second semester of one (1)
hour and 10 minutes as High School Business Education Teacher;
Effective January 22, 1996; Conditions per teacher master
agreement.
Kathy Graf - Additional 1.25 hours per day as Bus Monitor
(special education mini -bus) and contingent upon needs of
students; Effective November 9, 1995; Conditions per H.A.A.P.
master agreement.
Community Education Instructors - as per recommended lists.
Moved by Mark Erickson, seconded by Bonnie Baumetz, with all
members present voting aye, the board approved a return from
child care leave of absence for Janet Schmidt, Park Food Service
Secretary III, effective January 2, 1996.
Moved by Mark Erickson, seconded by Stephen Borstad, with all
members present voting aye, the board adopted a TRA Application
for Exemption from Earnings Limitation for Glenn Matejka to
continue serving as Interim Superintendent for a period of 90
days.
Assistant Superintendent Ross reviewed the recent North Central
Accreditation Association site review of the English /Language
Arts Program.
Interim Superintendent Matejka and Board Member Olson updated the
board on the time lines and options of the state fire marshal's
report.
Moved by Bonnie Baumetz, seconded by Douglas Brown, with all
members present voting aye, a tentative meeting to ratify
negotiated contracts was set for Tuesday, December 19, 1995, at
12:00 Noon in the District office Conference Room.
0
�J
Hutchinson Area Health Care
• Hutchinson Community Hospital • Burns,11anor;4ursing Home
• Dassel Medical Center • Winsted Family Practice Clinic
January 18, 1996
The Honorable Mayor Marlin Torgerson and
Members of the City Council
Hutchinson City Center
111 Hassan St S.
Hutchinson, MN 55350
Dear Mayor Torgerson and City Council Members:
The board of directors of Hutchinson Area Health Care (HAHC), as part of their regular meeting on
December 19, 1995, received for consideration a proposed management agreement with Allina Health
Systems of Minneapolis. You will remember that our hospital originally entered into an affiliation with
Allina back in 1987 when its corporate name was LifeSpan (which later became HealthSpan and now is
Allina). The HAHC board has had an opportunity to ponder the content of the agreement and, thus far, no
questions have been raised. The board will make a decision on Tuesday, January 23, whether or not to
recommend approval of the agreement to the City Council.
On Tuesday evening, Barry Anderson, City Attorney, will attend the HAHC board meeting at 5:30 p.m.,
where the management agreement will be considered first on the agenda, to answer any legal questions
that may arise. Following the board's expected approval, Barry will leave that meeting and join your City
Council meeting, where we have placed the agreement on the agenda for your consideration and
approval.
Thank you, in advance, for your consideration of this agreement. If you have questions after reviewing the
document, please contact Barry Anderson, Don Erickson or myself prior to your Tuesday evening
meeting.
Sincerely,
TCHINSON AREA HEALTH CARE
Philip G Graves
President
PGG:Ih
Enclosure
1095 Highway 15 South • Hutchinson, MN 55350 • (612) 234 -5000 � F
HUTCHINSON AREA HEALTH CARE
MANAGEMENT SERVICES AGREEMENT
THIS AGREEMENT made and entered into this I st day of January, 1996, by and between
Hutchinson Area Health Care (hereinafter "Hospital and Home "), having principal offices at 1095
ITighway 15 South, Hutchinson, Minnesota 55350, and Allina Health System, a Minnesota not -for-
profit corporation (hereinafter "AHS "), having principal offices at 5601 Smetana Drive, Minneapolis,
Minnesota 55343 -5012;
WITNESSETH:
WHEREAS, Hospital and Home is committed to the delivery of necessary, high quality health
care services in an efficient and low cost manner within the community it serves; and
WHEREAS, AHS is a comprehensive health services system with the shared vision, programs,
people, resources and commitment to deliver high quality health care services at the lowest possible
cost; and
WHEREAS, Hospital and Home is of the opinion that the expertise and variety of services
provided by AHS could and should be employed in the operation of Hospital and Home and its
various programs for the ultimate benefit of the community it serves; and
WHEREAS, AHS is willing to make such resources and services available to Hospital and
Home on the terms and conditions stated herein.
NOW, THEREFORE, in consideration of the mutual covenants stated herein below, the
parties hereby agree as follows:
DESCRIPTION OF THE MANAGED FACILITIES
Hutchinson Area Health Care is under the ownership of the City of Hutchinson with certain
powers reserved to the City Council as specified in the City Charter, and other powers vested
in the Board of Directors as specified in the Hospital and Home Bylaws. Nothing in this
Agreement shall transfer any ownership rights in Hospital and Home to AHS.
As presently established, Hospital and Home's health care facilities consist of a sixty-six (66)
bed full - service acute care hospital and a one hundred twenty-eight (128) bed skilled nursing
facility, and primary care satellite clinics located in Dassel and Winstead, as well as grounds,
parking facilities, other real property, furniture, fixtures and equipment now situated thereat
for purposes of or relating to the rendition of health care services.
0
Except as limited by the rights specifically reserved herein to Hospital and Home and its
Board, Hospital and Home hereby grants to AHS the right to manage and operate Hospital
and Home and to do any and all things necessary to accomplish the duties and obligations
undertaken by AHS under this Agreement, subject to any existing agreements between
Hospital and Home and third parties and relevant federal or state law.
The scope of the services provided by the terms of this Agreement do not extend to any
facilities subsequently purchased, constructed, or otherwise acquired by Hospital and Home
which increase the gross revenues of Hospital and Home by more than ten percent (10%).
IMM
a) Board of Directors
Nothing in this Agreement is intended to alter or displace the authority and
responsibility of the Hospital and Home or the Board of the Hospital and Home. The
Council and Board shall retain all authority placed in them by law and by the
Hutchinson City Charter, and shall retain such other authority as shall not have been
specifically delegated to AHS pursuant to the terms of this Agreement. The Board
shall retain full responsibility in terms of management, control and policy setting
decisions with such responsibility to be exercised according to those legal and
fiduciary obligations customarily residing with such a board, and to that end shall
oversee the Hospital and Home Administrator in the performance of his or her
management duties.
The Board shall be entitled to the full loyalty and good faith of any Administrator
provided pursuant to the terms of this Agreement. The Administrator shall share with
the Board any information or knowledge which he/she possesses or has gained which
is relevant to Hospital and Home or has an impact on its present and future planning
for meeting the needs for health care in Hospital and Home's service area. Total
dedication and loyalty to Hospital and Home and its Board shall be a primary
requirement of any Administrator retained pursuant to the terms of this Agreement.
In fulfilling its role under this Agreement, the Board expressly acknowledges that
AHS, working with the Administrator, is granted full authority to implement and
fulfill the policy decisions of the Board. In making this grant of authority, the
Board recognizes the distinction between its governance function and the
management function of AHS. The Board shall perform such acts as will support, and
shall refrain from such acts as will unreasonably interfere with, AHS's continued good
faith and best efforts to manage Hospital and Home in a manner consistent with all
applicable federal, state and local laws, this Agreement, and good business practice
within the community and within the health care industry generally.
2
• In support of this relationship, the responsible AHS Vice President or his/her designee
shall attend the majority of the regularly scheduled monthly Board meetings as the
AHS Vice President and Chairman of the Board shall agree, and all those special
Board meetings where timeliness of notice so permits.
(b) Management Services
From the effective date of this Agreement, the Hospital and Home shall retain AHS
and AHS shall provide management services for the Hospital and Home during the
term of this Agreement in a manner consistent with all applicable federal, state and
local laws, this Agreement, and good business practice within the community to be
served by Hospital and Home and within the health care industry, subject at all times
to the control, supervision and policies of the Board. AHS shall provide such
management services in conformity with the standards for an accredited hospital (and,
in particular, shall apply the standards of performance established by the Joint
Commission on Accreditation of Health Care Organizations and other accrediting or
regulatory bodies, agencies, and authorities having jurisdiction over Hospital and
Home). All management services to be performed by AHS hereunder shall be
performed by Hospital and Home employees under the supervision of or on the advice
of; those personnel described in Sections 3 and 4 of this Agreement. The services of
those personnel are to be deployed in the manner contemplated by Sections 3 and 4
to the extent determined by the Administrator, in consultation with AHS, to be in
Hospital and Home's best interests. Such services shall consist of (except as
contemplated by Section 9 hereof) services set forth in this Agreement and in the
attached Exhibit A, the Management Action Plan (hereinafter "MAP "), by this
reference made a part hereof.
The services provided hereunder shall be those of the type which shall respond to
routine or general inquiries or matters usually and customarily encountered by
Hospital and Home. A certain basic level of such general services, including (a)
services set forth in the MAP, and (b) services as set forth in Sections 4(a),(b), and
(c) of this Agreement shall be provided by AHS without additional compensation
beyond that fee specified in Section 8 of this Agreement. However, there may be
instances of service requirements which are extensive and beyond the level of
consulting services routinely or generally provided by AHS to its member hospitals.
In such situations, the terms of Section 9 of this Agreement shall apply.
(c) Medical Staff
The Medical Staff of Hospital and Home shall continue to be organized and function
according to its Bylaws, as they may be amended from time to time. The Medical
Staff shall consult the Administrator as is usual and customary within the health care
industry ,
11
3
(d) Third Parties
Nothing in this Agreement shall, in any way, modify or diminish the rights and/or
responsibilities that Hospital and Home has obtained or undertaken pursuant to
e )dsting third party agreements, affiliation agreements or contracts, in particular those
with third -party reimbursement agencies.
(e) Other Obligations
Neither of the undersigned parties shall assume any e�dsting or future debt, obligation,
or liability of the other party or any other debt, obligation or liability incurred by either
party on behalf of the other party outside the scope of its authority under this
Agreement.
200 � � •
AHS shall provide to Hospital and Home the full time services of a qualified hospital
Administrator. The parties acknowledge that Phillip Graves is currently employed by AHS
to serve in this capacity. Should a vacancy in the Administrator position occur, AHS shall
recruit, screen and submit not less than three (3) candidates which meet predetermined
criteria, which criteria shall be developed by the Hospital and Home Board in conjunction
with AHS. Upon the Hospital and Home Board's own initiative, it may recommend
individuals to AHS for consideration as candidates. All such candidates shall be qualified
hospital and nursing home administrators who are skilled in the performance of those usual
and customary on -site duties necessary to the operation and management of Hospital and
Home. From among the qualified candidates submitted to Hospital and Home by AHS, the
Board and AHS shall agree on the selection of that individual who is to be employed by AHS
as the Administrator for Hospital and Home under the terms of this Agreement. If Hospital
and Home and AHS cannot agree upon the selection of an administrator, the provisions of
Section 19 of this Agreement shall apply.
As to the Administrator, Hospital and Home shall retain the power and authority to dismiss
the Administrator, with or without cause, without said dismissal resulting in a termination of
this Agreement. In such event, the Board shall withhold any such dismissal action until it has
consulted with the designated AHS Vice President.
AHS shall make continuous provision for a qualified Administrator throughout the term of
this Agreement. In the event there is a temporary vacancy in the Administrator position, for
whatever reason, AHS shall, subject to the approval of the Hospital and Home Board, provide
a qualified person (either internally from Hospital and Home or from AHS) to continue
management of Hospital and Home during the interim until a permanent replacement can be
successfully recruited.
Insofar as is permitted by law, the Administrator shall, as would be true for all other AHS
rd
• personnel rendering services under this Agreement, remain an employee of AHS. This shall
not, however, change the relationship between the Administrator and Hospital and Home.
Hospital and Home shall continue to delegate to the Administrator the responsibility and
authority for the operation of the Hospital and Home, subject in all events to such direction
as may be given by proper Board action taken in accordance with Section 2(a) of this
Agreement.
In his/her relationship with all other administrators, directors, or other department heads of
Hospital and Home, the administrator shall be the individual to whom all other administrators,
directors or department heads directly report.
To aid and support AHS in the performance of the services specified within this Agreement
and the MAP, AHS shall provide to Hospital and Home the below specified personnel:
(a) Executive Personnel
AHS shall make available, at the appropriate request of the Administrator, the
services of the following personnel:
Regional Services Management:
Division Vice President
Vice President (Primary Hospital Contact Person)
Director of Finance
Director of Human Resources
Allina Management.
President and Executive Officer
Group Vice President, Delivery Services
System Vice President, Human Resources
System Vice President, Communications
System Vice President, Finance
System Vice President, Planning and Marketing
System Vice President, Public Policy and Community Affairs
Group Vice President, Professional Services
(b) System Staff Personnel
Specialized services in areas generally provided by AHS to its managed hospitals shall
also be made available to Hospital and Home. These services are provided as
specialist consulting support for the analogous department based at Hospital and
Home, and are not meant to be used in a day - today operational capacity by Hospital
and Home. These services presently include, subject to mutual agreement between
0
the parties to add, delete or otherwise modify, the following specialties: 0
Accounting and Financial Management
Ambulance/Emergency Transportation
Human Resources
Material Services
Public Relations
Quality Assurance/Risk Management
Strategic Planning and Marketing
ISN Development
Legal Services, to the extent permissible by law
(c) Owned. Managed and Affiliated Health Care Staff Personnel
Advisory services from personnel at the department director levels in other hospitals
within the Allina System shall be provided to Hospital and Home by AHS, to the
extent feasible, at the request of the Administrator. The use of such personnel shall
be conditioned upon the consent of the AHS administrator to whom said personnel
report.
Personnel specified in sub - sections (a) and (b) immediately above may be utilized by
the Administrator, with the agreement of the AHS Vice President, in advisory
capacities for the operation of Hospital and Home. When furnishing advisory or •
managerial services to Hospital and Home, these personnel shall be responsible to the
Administrator for their performance.
!OU1 I ZVOPOWN i 8 .1 N� �
In all events, AHS shall be acting as an independent contractor in its performance of this
Agreement and all employees of AHS, acting in support of this Agreement, shall remain on
the payroll of AHS during the term of this Agreement. When performing services at Hospital
and Home, all AHS employees shall comply with all applicable federal, state and local laws,
and this Agreement, and shall be subject to and comply with the rules, regulations and policies
established by the Board.
• 1�i
The term of this Agreement shall commence on January 2, 1996, (hereinafter "Effective
Date ") and except as subject to early termination as provided in Section 7 immediately below,
the term of this Agreement shall end on December 31, 2001.
0
• 7. EARLY TERMINATION
(a) Events of Default
The occurrence of any of the following events shall constitute an "Event of Default"
hereunder:
1) Breach of Agreement - Default by either party in the performance of or breach
of any covenant or agreement under this Agreement.
2) Bankruptgy or Insolvengy - The insolvency, bankruptcy assignment for the
benefit of creditors, reorganization, or liquidation of, or the appointment of
a receiver or trustee for either party or any of its properties;
3) Loss of Lice nse - The failure to obtain, or the suspension, termination,
revocation, or expiration of any license necessary for the operation of either
party's business as it relates to this Agreement.
(b) Termination for Default
Except as otherwise explicitly provided in this Section 7, upon the occurrence of an
Event of Default and the failure to promptly and with due diligence take or continue
to take action to cure such alleged default for a period of sixty (60) days following
written notice of such Event of Default given to the defaulting party by the non -
defaulting party, the non -defauhing party may, at its option, terminate this Agreement
upon written notice to the defaulting party. Notwithstanding any provision hereof to
the contrary, however, in the Event of Default by AHS, which default relates to the
licensure or jeopardizes the ongoing operation of Hospital and Home, Hospital and
Home may, in its sole discretion, terminate this Agreement upon ten (10) days written
notice to AHS. If AHS cures the condition resulting in Hospital and Home's notice
within such ten (1 0) day period, the notice shall be of no force and effect.
(c) Termination for Quality Assurance Non - Compliance
This Agreement may be terminated by AHS upon the failure of Hospital and Home
to perform, keep, or fulfill any or all of the significant quality assurance
recommendations, obligations, or conditions set forth by AHS during the term of this
Agreement if AHS, in its sole discretion, determines that any significant quality
assurance recommendation, obligation, or condition has not been performed, kept or
firlfilled. AHS shall provide Hospital and Home with thirty (30) days' prior written
notice of intent to terminate. If Hospital and Home cures the condition resulting in
AHS's notice within such thirty (30) day period, the notice shall be of no force and
effect.
(d) Termination for Failure to Pay
I*
This Agreement may be terminated upon the failure of either party to pay the other
any undisputed amount which may become due hereunder, by the non - defaulting party
giving ninety (90) days written notice of termination to the defaulting party.
(e) Termination by Mutual Consent
This Agreement may be terminated at any time upon mutual written consent.
(f) Termination Without Cause
This Agreement may be terminated by either party without cause upon ninety (90)
days written notice to the other party; provided, however, in the event Hospital and
Home terminates this Agreement without cause, the employment - related expenses
associated with the Administrator provided by AHS to Hospital and Home pursuant
to Section 3 above shall be an expense of Hospital and Home. Such employment -
related expenses shall be limited to those sent forth in the attached Exhibit B, by this
reference made a part hereof. In the event Hospital and Home retains Phillip Graves
as its Administrator upon termination of this Agreement, however, no such
employment - related expenses shall be paid.
Any termination of this Agreement shall be without right of penalty, damages, or other form
of compensation to be paid or awarded any party excepting, however, any compensation
earned or payable pursuant to the terms of Sections 7(0, 8 or 9 and remaining unpaid at the
date of termination, any indemnification which may become owing, by the terms of Section
11 for any acts occurring during the term hereof, or for specific amounts payable and owing
under the terms of this Agreement.
8. COMPENSATION
Except as specified by the terms of Section 9 of this Agreement, AHS shall be entitled to
receive from Hospital and Home for the services rendered hereunder, the following
compensation paid at the time and in the manner specified in sub- sections (a) through (d)
below.
(a) Management Services Fee
Hospital and Home shall pay AHS, for each calendar month during the effective term
of this Agreement, a management fee (hereinafter "Base Fee "). If there is a partial
month, the Base Fee shall be multiplied by a fraction, the numerator of which is the
number of days the Agreement is in effect in such partial month and the denominator
of which is the number of days in such month. The Base Fee shall be payable as
specified in sub- section (d) below.
The Base Fee shall be as follows: Eight Thousand Dollars ($8,000) per month, or
Ninety -six Thousand Dollars ($96,000) per year for each effective year of this
8
Agreement.
Each year following the initial year of the Agreement, the Base Fee shall be increased
by the lessor of five percent (5 %) or percentage rise in the most recent Consumer
Price Index (all consumers).
The Base Fee shall include all travel, food, lodging, and out -of- pocket expenses for
all AHS resource people traveling to Hospital and Home to render services.
(b) Administrator Compensation
In addition to the foregoing Base Fee and only in the event that AHS employs the
Administrator, AHS shall be entitled to receive those amounts incurred in payment of
the salary, fiinge benefits, and indirect costs of the Administrator. As used herein, the
term Administrator shall include the person holding such position as well as any
permanent or interim replacement for said position, and the foregoing terms shall
have the following meanings:
1) "Salary" shall mean that cash income, both base salary and any management
incentive put in place by AHS, paid to Administrator, as the designated AHS
Vice President and the Board may, from time to time, agree is fair
compensation to said employee.
In the event the Administrator is terminated by Hospital and Home for reasons
other than "cause" as defined by Hospital and Home or AHS personnel
policies, "salary" shall also mean any compensation established pursuant to the
terms of any severance agreement which AHS, (to be modified with the
approval of the Board), enters into with the Administrator, which agreement
shall be consistent with AHS termination policy and usual practices existing
at the time of t erminati on. The Administrator shall not be terminated by AHS
without prior consultation with the Board. If the Administrator is terminated
for reasons other than "cause" by AHS, notwithstanding any other provision
of this Agreement to the contrary, AHS shall be solely responsible for any
"salary" paid to Administrator on and after the date of any such termination
without any contribution by Hospital and Home to AHS for this "salary."
2) "Fringe Benefits" shall be paid to Administrator in accordance with the AHS
benefit program as set forth in the attached Exhibit C, by this reference made
a part hereof, applicable to AHS executive employees.
3) "Indirect Costs" shall include, but not be limited to, FICA taxes,
unemployment insurance premiums, worker's compensation premiums, and
such other fees, assessments, charges or insurance premiums as may, from
time to time, be required of an employer by the terms of local, state and
9
federal laws, statutes or regulations. Administrator compensation is payable
as specified in subsection (d) below.
(c) Miscellaneous Administrator Expenses
1) Hospital and Home shall directly reimburse any Administrator candidate for
any reasonable and necessary travel, lodging, or meal expense of such
candidate and his/her spouse as may be associated with any pre - employment
interview conducted in or about the community in which Hospital and Home
is situated, or Minneapolis, Minnesota, provided Hospital and Home shall
agree to approve any such interview prior to it being scheduled.
2) Hospital and Home shall directly reimburse any Administrator employed by
Hospital and Home for those reasonable and necessary expenses incurred by
said Administrator and his or her immediate family in relocating to the
community served by Hospital as such expense may be agreed to between
Hospital and said Administrator.
3) Hospital and Home shall directly reimburse Administrator for any reasonable
and necessary out -of- pocket expenses incurred for travel, meals and lodging
in the course of rendering services to Hospital and Home, and to include
expenses for travel, meals and lodging to Minneapolis, Minnesota for
purposes ofAHS regional meetings and any special purposes, deemed by the
Administrator and approved by Hospital and Home, in advance, to be in the
best interests of Hospital.
(d) Invoices
Hospital and Home shall be invoiced by AHS within five (5) days following the close
of each calendar month for those fees and expenses due and payable by the terms of
sub - sections (a), (b) and (c) above. All amounts so invoiced shall be paid on or before
the twenty-fifth (25th) day of the month in which the invoice is received by Hospital
and Home. For any partial month this Agreement is in effect, the Base Fee shall be
prorated on the basis of a fraction, the denominator of which is the number of days
in the month of termination and the numerator of which is the number of days the
Agreement is in effect.
Nothing in this Agreement shall change the responsibility of Hospital and Home to pay for
operating expenses and debt service of Hospital and Home.
10
The compensation provisions of Section 8 hereof are based upon the usual and customary
services necessary for the day -to -day management of Hospital and Home, and such services
include (a) those services set forth in the MAP, and (b) those services as set forth in Section
4(a), (b) and (c) hereof. In the event services are proposed which are clearly above and
beyond the basic level of services required by this Agreement, AHS shall be entitled to
reimbursement for said services in the amount of AHS's then customary fees for such services
including travel expenses; provided, however, that prior to delivery of said services, AHS
shall, in writing, advise the Administrator of its intent to charge for services and its estimate
of the total charges to be incurred. The Administrator shall obtain approval of the Board
before finally authorizing the delivery of any such services.
Hospital and Home shall maintain insurance during the term of this Agreement against all
losses or risks customarily insured against in amounts appropriate for a business of its type
and exposure to include, but not be limited to, the Following specific insurance requirements:
(a) Comprehensive Hospital and Home Liability
A comprehensive Hospital and Home liability policy covering both professional
(malpractice) and general Lability in the primary amount of One Million Dollars
($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) annual
aggregate insuring Hospital and Home and its employees and agents, and naming
AHS and Administrator as additional insureds.
(b) Excess Coverage.
To supplement the coverage specified in sub- section (a) above, an excess policy in the
amount of Three Million Dollars ($3,000,000.00) endorsed as specified above, or
such other lesser amount as approved by AHS.
(c) Directors and Officers Insurance
Hospital and Home shall maintain a Directors and Officers Liability policy with limits
of One Million Dollars ($1,000,000.00) naming AHS and Administrator as additional
insureds thereunder and adopting in its bylaws or charter those officer indemnification
provisions permitted by applicable state law.
Hospital and Home, upon the advice of Administrator and in consultation with
qualified insurance brokers, shall also provide such other forms of liability, indemnity
or casualty insurance as are reasonable and customary for a health care facility of the
size and configuration of Hospital and Home. All insuran provided pursuant to this
Section 11 shall be the subject of a certificate evidencing same, which certificate shall
provide that the insurer give AHS thirty (30) days written notice of any cancellation,
termination or reduction of insurance.
I1
11. INDEMNIFICATION:
(a) In furtherance of this Agreement, each party shall protect and indemnify the other
party, its directors and personnel acting in furtherance of this Agreement from all
claims, demands, suits, liabilities, obligations and expenses, including reasonable
attomeys' fees made by third parties arising out of the performance, non - performance
or negligence in the performance or non - performance of any services of the other
party under this Agreement and shall save the other party harmless from, and defend
the other party against, any and all injuries, loss or damages, of whatever nature, to
any person or property caused by or resulting from any act, omission, or negligence
of the indemnifying party and any of its employees or agents. It is a condition of this
save harmless and indemnification that the indemnifying party shall receive prompt
notice of any such claim against the party to be indemnified.
(b) Each parry to this Agreement shall obtain appropriate endorsements to its respective
insurance policies presently, or in the future, in effect under which the insurer night
otherwise have subrogation rights to pursue such claims or suits, waiving any and all
rights to subrogation as against either party and/or all of their respective personnel
and employees when acting within the terms of this Agreement and shall provide
satisfactory evidence of the foregoing to each other.
12. ENTIRE AGREEMENT 0
Neither party hereto makes any representation, warranty or covenant not fully set forth in this
Agreement and attached exhibits. This Agreement and attached exhibits are the complete and
entire agreement between the parties relating to the subject matter referred to herein, and
supersede all proposals, writings and all other communications between the parties as to any
such subject matter.
13. PROTECTIVE COVENANT
Unless mutually agreed to in writing by the parties in advance, neither party hereto shall,
during the term this Agreement and for a period of one (1) year thereafter, directly or
indirectly retain, hire, or employ any management employee of the other party.
Both parties recognize that (a) each party has devoted substantial amounts of time and
expense to training and educating its employees and that (b) such employees are valuable and
essential to the respective operations of their respective employers. Each party will be
severely damaged if the other party breeches this Section and causes the loss of services of
said employees to their current employer. In the event of any such breach of this Section,
12
. actual damages will be difficult to prove or ascertain. Twenty-Five Thousand Dollars
($25,000.00) is the reasonable estimate of the damages either party will suffer for each
employee whose services it loses pursuant to a breach of this Section. In the event of a
breach, the breaching party shall pay the other party as liquidation damages Twenty-Five
Thousand Dollars ($25,000.00) for each employee whom the breaching party directly or
indirectly retains, hires or employs in breach of this Section. This Section applies to Allina
Health System Personnel who provide direct services to managed facilities, and Hospital and
Home personnel who are part of Hospital and Home's administrative staff. Phillip Graves,
current hospital administrator, is excluded from this protective covenant and may be rehired
by Hospital and Home upon termination of this Agreement.
►�
The terms of this Agreement may be changed or modified by mutual agreement of the parties
hereto. Such changes or modifications shall be effective only upon the execution of written
amendments executed by AHS and Hospital and Home.
15. ASSIGNABELITY
This Agreement shall be binding upon the parties hereto and their respective successors and
assigns, provided that no assignment of this Agreement shall be effective without the express
written consent of the non - assigning parry.
16. AUTHORITY TO EXECUTE
Each of the parties undersigned to this Agreement represent and warrant that it has the
authority to execute this Agreement; that execution of same will not result in any violation
of any debenture, note or other agreement to which the party is subject; and that such action
is properly authorized by the Board of Directors of each party or entity or entities which
control or govern the affairs of either party.
0_ •;1
For the purpose of implementing Section 1861 (v) (1) (1) of the Social Security Act, as
amended, and any written regulations thereunder, and other governmental requirements, AHS
AV comply with the following requirements governing the maintenance of documentation
to verify the cost of services rendered under this Agreement:
(a) Until the expiration of the longer of the period of time required by federal or state law
• 13
or for four (4) years after the furnishing of such services pursuant to this Agreement,
AHS shall make available upon written request by the Secretary, or upon request by
the Comptroller General or any of their duly authorized representatives or other
appropriate federal or state officials, the Agreement, and books, documents, and
records that are necessary to certify the nature and extent of such costs; and
(b) If AHS carries out any of the duties of this Agreement through a subcontract with a
value or cost of Ten Thousand Dollars ($10,000.00) or more over a twelve (12)
month period with a related organization (as that term is defined with regard to a
provider in 42 CF.R. Section 405.227[b]), such subcontract shall contain a clause to
the effect that, until the expiration of the longer of the period of time required by
federal or state law or for four (4) years after the famishing of such services pursuant
to such subcontract, the related organization shall make available upon written request
to the Secretary, or upon request to the Comptroller General or any of their duly
authorized representatives or other appropriate federal or state officials, the
subcontract, and books, documents, and records of such organization that are
necessary to verify the nature and extent of such costs. Nothing in this Section shall
be deemed to give AHS the ability to subcontract without the prior, written approval
of Hospital and Home.
L ' '�
In the event any provision of this Agreement shall be held invalid or unenforceable by any
court of competent jurisdiction, the parties shall meet and attempt to revise the Agreement
to comply with the law. To the extent that any term of this Agreement is deemed to be
inconsistent with relevant federal, state or local laws or ordinances, the law shall control.
19. DISPUTE RESOLUTION
In the event of dispute under this Agreement between AHS and Hospital and Home which
is not settled promptly by direct negotiation in the normal course of business, AHS and
Hospital and Home shall, through their fully authorized representative(s), attempt in good
faith to resolve the dispute(s) by mediation. Within thirty (30) days of the time the dispute
is acknowledged by both parties in writing as unresolved, either AHS or Hospital and Home
shall save a written notice of mediation on the other. The parties shall attempt to agree on
a mediator. If no agreement is reached within ten (10) days of the service of written notice
of mediation, either party may immediately submit a request for a mediator to a McLeod
County, Minnesota District Court judge who shall select a mediator certified by the
Minnesota Supreme Court from the McLeod County District Court's mediator roster. The
appointment shall be binding on the parties. The mediator shall schedule a mediation
conference at Hospital and Home within twenty (20) days of the mediator's appointment. The
14 •
9 cost of mediation shall be shared equally between AHS and Hospital and Home.
Neither litigation nor any other form of dispute resolution shall be commenced by either party
against the other unless and until the mediation process is concluded without satisfactory
resolution.
20. CONFIDENTIALITY
Neither party to this Agreement, nor their agents or employees, shall disclose to any third
party information which either party, their agents or employees, have reason to believe is
confidential or which is designated as confidential, unless such disclosure is authorized or
required by law. If either party believes disclosure is legally required, the disclosing party
shall give immediate notice to the other party of its grounds for disclosure, prior to making
any such disclosure.
If confidential information is disclosed or otherwise misused by a party hereto, its agents or
its employees, the other party shall have the right to immediately terminate this Agreement
and any other legal relationship between the parties. In addition, the other party shall be
entitled to enforce any and all rights to damages it may have at law, in equity or by statute.
Both parties hereby consent to the specific enforcement of this Section through an injunction
or restraining order issued by any appropriate court.
This Section shall survive termination of this Agreement.
21. NOTICES:
Notices and other mailings made pursuant to this Agreement shall be deemed to have been
made if sent by United States certified mail, return receipt requested, by one party to the other
parry hereto.
Notices sent from AHS to Hospital and Home shall be addressed as follows:
Hutchinson Area Health Care
109511ighway 15 South
Hutchinson, MN 55350
ATTN: Board Chair
Notices sent from Hospital and Home to AHS shall be addressed as follows:
•
15
Mina Health System
5601 Smetana Drive
Minneapolis, Minnesota 55343 -5012
ATTN: Julie Schmidt
Internal zip: 80260
Each party hereto shall notify the other party, in writing, of any change of address within five
(5) days of said change.
22. SECTION HEADINGS
The section headings which are used in this Agreement are used for the purpose of
convenience and reference only. They shall not be used in any way to define, limit or extend
the scope, meaning or intent of the terms and provisions of this Agreement.
23. CHOICE OF LAW:
This Agreement shall be construed under, subject to and governed by the laws of the State
of Minnesota. To the extent that this Agreement is found to be inconsistent with any relevant
federal, state or local laws, regulations or ordinances, the terms of such laws, regulations or
ordinances shall control over the terms of this Agreement. If any provision of this
Agreement, by application of this Section, is held to be invalid or unenforceable, Section 18
of this Agreement shall be utilized by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first
written.
HIJTCHINSON AREA HEALTH CARE ALLINA HEALTH SYSTEM ( "AHS ")
( "Hospital and Home ")
By. By
Its Chairman Its Division Vice President
By: By.
Its Secrelwy Its Vice President, Regional Services
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16 0
! • •
HUTCHINSON AREA HEALTH CARE
MANAGEMENT ACTION PLAN
January 1, 1996 - December 31, 2001
MANAGEMENT CHALLENGE MANAGEMENT ACTION
L Ongoing Operations 1) Basic support /management services to the hospital administrator. This includes, but is not
and Management Support limited to:
• Leadership Council meetings
• Orientation and update information on Allina activities at the System Office (as needed)
• Allina Vice President, Regional Services (RHS), or alternate corporate representative attends
Board meetings and provides concurrent consultation visit
• Regular, as needed, telephone communications with Vice President, RHS, regarding hospital
operations
• Assistance in formulating and achieving yearly objectives for hospital and administrator.
Includes quarterly update or monitoring report to Board of Directors.
• Attendance at education sessions as held
• Access to all corporate officers and departments, as needed, in consultation with Vice
President, RHS
• If requested, review function of any department in the hospital with one day site visit,
resulting in written report with recommendations for improvement
• Peer contact as needed with other administrators of regional hospitals
2) Board of Directors:
• Annual self - evaluation
• Invitation for Board representatives to attend annual Regional Board Retreat
• Facilitate one (1) Board education session annually
MANAGEMENT CHALLENGE MANAGEMENT ACTION NO z
3) Performance review:
• Develop a process for assessing the value of the current Allina relationship. This process
should include a financial analysis of the cost/benefit of the management contract, an
assessment of employee attitudes regarding Hutchinson Area Health Care /Allina relationship,
as well as the implications of a fully integrated relationship between Allina and Hutchinson
Area Health Care
/I. Financial Management 1) Review and comment on monthly financial statement
2) Provide quarterly in -depth analysis of financial statement with recommendations
3) Analysis of Medicare and Medicaid payment if requested
4) Review operating budget volume and assumptions and comment
5) Provide Hospital with annual Health Care inflationary indicators
6) Coordinate budget review by Regional Services
7) Review annual operating budget; produce budget document, if requested
8) Present operating and capital budget to Finance Committee, if requested
9) Consult with CFO and Business Office Manager as needed
10) Provide Allina financial report format for management and comparison purposes.
11) Provide general support:
• Continuing assistance /support regarding financial audits and auditing firms, business office
management, wage and salary programs and long range financial planning, as requested
• Provide on -going financial information to the hospital Board
• Provide annual comparison of financial ratios for similar sizes hospitals
• On -going telephone consultation regarding financial matters and issues as needed
0
0
MANAGEMENT CIIALLENGE MANAGEMENT ACTION P age j
• Provide one (1) Board education program regarding finance annually
12) Provide a comparative analysis of current rate structure, if requested
HL Strategic Planning 1) Support the strategic planning process:
and Marketing • Develop Information Data Base, to be updated annually
• Develop analysis of strengths, weaknesses, opportunities and threats
• Assist hospital management with the development of an action plan, goals and objectives
• Assist hospital management with budget preparation based upon goals and objectives
/V. Human Resources 1) Employee Relations:
Management • Review human resources policies and procedures as needed; assist in formulation of new
policies.
• General telephone consultation regarding employment legislative requirements
• Provide consultation on performance management issues, including constructive discipline and
employee rights
• Access to Allina workshops, on an availability basis, at the Allina charge if there is one
2) Employment:
• Provide Allina System job openings upon request
• Allow access for HAHC to list job opportunities on system job openings list
3) Compensation and Benefits:
• Audit and recommend changes to current systems
4) General HRM
• Overall human resource management consultation available
• Availability of Allina's HR forms, manuals and other appropriate documents
• Invitation to attend monthly RIIS human resources meetings
• Access to Allina's Human Resource Development library
MANAGEMENT CHALLENGE MANAGEMENT ACTION
V. Quality Improvement There are a number of areas that may be of value in the Quality Improvement support. The priority
focus is determined jointly between the institution and Allina quality team, providing service up to an
average of 12 hours per month. Additional support may be negotiated at a pre - determined rate.
1) 1CAHO:
• Conduct a mock JCAHO survey designed to determine readiness for the actual survey
• Provide education, training, and on -site assistance in the development and effective
implementation of processes, systems, structures, and documentation designed to he in
substantial compliance to JCAHO standards and scoring guidelines
• Participate in the organization's JCAHO survey
• In collaboration with appropriate leaders, develop and implement any necessary follow -up
plans in response to recommendations
2) Credentialing:
• Complete a credentialing assessment designed to evaluate current processes for effective data
collection, verification, and decision making
• In collaboration with physicians, develop and assist in the implementation of recommendations
based on the assessment
3) Medical Staff:
• Complete a comprehensive evaluation of the medical staff organization and bylaws to
determine if bylaws reflect current practice and regulatory requirements
• In collaboration with physicians, develop and assist in the implementation of recommendations
based on the assessment
4) Quality Improvement
• Provide quality improvement education and training based on a written description of the
leaming needs of the organization
• In collaboration with the Quality Director, develop a data management system designed to
capture quality improvement activities and results throughout the organization and medical
staff
• Provide coaching, education, and training to the Quality Director, designed to enhance skills
and abilities to be independent in facilitation, coaching, and effective implementation of all
MANAGEMENT CHALLENGE MANAGEMENT ACTION Page s
quality related processes and activities
• Partner for coaching the President as it relates to leadership in the quality transformation
process and in improving organizational performance
• Provide consultation as it relates to all aspects of the quality improvement transformation
process. This includes leadership commitment activities, development of an appropriate
infrastructure, identification and selection of quality principles, etc.
• Provide facilitator training for at least three individuals selected by Hutchinson Area Health
Care Hospital
V/. Provider Relations 1) Develop clear communications and relationship processes with all Hutchinson Area Health Care
area physician clinics to assure consistent input and involvement of all physicians in hospital
matters and to provide a forum that promotes cooperation among local medical providers. Allina-
related entities shall not be treated preferentially in these matters and processes.
2) Provide technical support for recruitment of physicians
3) Physician access to Allina sponsored CME education (some may have fees attached)
4) Medical staff invitation to Healthcare in the 90's seminars
5) Conduct /facilitate medical staff retreats as requested
V!L Managed Care /Third
Party Agreements t) Review current managed care /third party contracts and advise as to potential contract
improvements
2) Develop a comprehensive managed care plan that focuses on the maintenance of a broad spectrum
of managed care relationships for all community providers. Allina related entities shall not be
treated preferentially in these matters and processes.
V /I. Community Relationships 1) Support Hutchinson Area Health Care Healthy Community initiatives
2) Work collaboratively with other Hutchinson Area healthcare providers as requested by Hutchinson
MANAGEMENT CHALLENGE MANAGEMENT ACTION Page 6
Area Health Care to assist them in evaluating their situation and options available to them (for
example, ambulance services)
IX. Purchasing /Affiliation
Relationships 1) Support Hutchinson Area's purchasing and/or VHA affiliation relationship through the following
process:
• Implementation of policies and procedures where stone exist and provide support
improvement where necessary.
• Facilitation of a personal development plan for materials staff and ongoing training for
materials staff and others as they relate to supply issues.
• Assistance with budget preparation for expense and capital and long -range and short-range
goal setting as it relates to materials
• Assistance with inventory management, product evaluation and standardization.
• Facilitation of contract negotiations, contract interpretations and implementations and the
resolution of supplier issues at the local or national level, resulting in the development of
quality teams as needed.
X. Home Care 1) Provide updates as needed on changing rules and regulations and JCAHO standards
2) Provide consultation as needed
XI. Patient Care 1) Basic support and consulting to the Division Director - Acute Care Programs and Services
Division, or Division Director - Care and Program Support Services Division. This includes, but
is not limited to:
• Attendance at Regional Service Excellence Team
• Attendance at Allina Regional Patient Care Directors Meetings
• Regular phone consultation on issues relating to patient care delivery, management and
leadership
• Assistance on implementing Patient Centered Care strategies.
• Attendance at Regional Patient Care educational sessions
• Attendance at Allina Education Sessions at the Allina charge
• Peer support and networking with various clinical group, i.e. pharmacy, lab, clinical pathway
development.
•
i !
MANAGEMENT CIIALLENGE MANAGEMENT ACTION Pagel
2) Review of Patient Care
• Available to assist with development and review of the plan for the provision of care and to
make recommendations.
• Available to review patient care policies and procedures and to recommend best of practice
examples from throughout the Regional Facilities
• Provide consultation as needed.
3) Review of Staffing Methodologies
• Available for assistance and consultation concerning current staffing processes and systems
4) Restructuring and Change Facilitation
• Provide on site facilitation of change processes related to supporting a collaborative multi
disciplinary approach to patient care (may be subject to additional fees)
•
ST. ANASTASIA CATHOLIC CHURCH
SHORT -TERM
City of Hutchinson
Fee: a APPLICATION FOR BINGO LICENSE Approved by:
Building
Fire
Application shall be submitted at least Police
days prior to the bingo occasion
I. FS. AND I, yi G�
l ame of Authorized Officer Name of Designated Bingo Manager
Hereby submit in duplicate this application for a license to conduct
the game of bingo in accordance with the provisions of City of
Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 for
the license year ending
natures:
X
zed Officer of Organization
Ak_ following is to be completed by the duly authorized officer
of the organization:
a 1. True Name:
• last fir soot middle
2. Residence Address: �� �S� Eck NSoh M Ss 3s0
Zstreet city state zip code)
k 3. Date of Birth: 4 4 - 4. Place of Birth �
(mo�day year) (cit & state
X 5. Have you ever been convicted of any crime other than a traffic
offense? Yes NO If yes, explain
B. The following is to be completed by the designated bingo manager
of organization:
1. True Name: C j 8W j 4Q Ifs J T ) oa
last dd
i st mid
2. Residence Address: 1100 r 44'..M . Mo 6s3so
( street - ) (ci ( state) (zip code)
3. Date of Birth: �� q 6( 4. Place of Birth: n 1.
(Mo., day & year) tcity W state
5. Have you ever been cony ted of any crime other than a traffic
offense? Yes NO Z If yes, explain
• 6. How long have you been a member of the organization?
7. Attach a copy of the official resolution or official action
designating you bingo manager.
/0 -A ,
C. Game Information:
1. Place where bingo games will be played
2. Date or dates bingo will be played Rq I !' b
(date and/or days ) of week)
3. Hours of the day bingo will played: From A to I_ A k
4. Maximum number of players Loo
5. Will prizes be paid in money or merchandise? 1 4 a V.V46j
6. Will refreshments be served during the time the games are
being conducted? Yes >. No _AO_ If so, will a charge be
made for such refreshments? Yes NO X . ,
D. Organization Information:
1. Address where regular meetings ( r • e held
2. Day and time of meetings
3. Is the applicant organization organized under the laws of the
state of Minnesota? Yes or - No
4. H6w long has the organization been in existence?
4a. How many members in the organization?
5• What is the purpose of the organization ? _�,� ; ��
6. Officers of the Organization:
7. Give names of officers
to the organization:
Name
i
or any other persons paid for services
Address
Title
•
D. Organization Information: (Continued)
•
8. In whose custody will organization records be kept?
Name . 7 _,,1-... 1air Address '7 ) ) r,fir ��'.
9. If the organization carries sufficient insurance to compensate
the players in the event any injury is sustained by players whir
participating in the bingo game, or while on the licensed
premises, please state the
. Insure rC:4f, I HA- and Policy No.
10. Have you (Mana
understands
regul tion o
i
11. Attach a ist
& Officer) read, and do you thoroughly
visions of all laws, ordinances, and
ing the operation of bingo games?
all active members of the organization.
E. The following information is provided concerning a fidelity
bond given by the bingo manager in favor of the organization:
1. Name of bonding company
2. Address of bonding company ` %;.�', r -A7 OCA
3. Amount and duration of bond
• 4. Application is hereby made for waiver of the bonding
requirements. Yes r No
I declare that the information I have provided on this application
is truthful, and I authorize the City of Hutchinson to investigate
the information submitted. Also, I have received from the City of
Hutchinson a copy of the City Ordinance NO. 655 relating to bingo,
and I will familiarize mys i f with the contents thereof.
Ile MVLW arw Sign tote of authorized officer of organiza
Dat ii
Subscribed and swor �M of ublic on this Day of �lJ�vyk�ti . :'19r _ ,_
iG vi a ,.ar �' r u iiv -
as ion expir
Subscribed anti sworn to before me 'a notary public on this
Day of , 19_-
1P AD
• G:IY °� NucOU�pP
Signature of Notary Pub is
Commission expires on
-
APPLICATION FOR.SriOI x T-X L PERMIT
' To Nke CITY COUNCIL..._._._.._.__ .__.___..___..._._._._._._ w__..__. ___._..__._..__.._.._. ........ ..... .._.._...
of A* S1T Y-...._ ...... ..._.......... ..... __._._. of ._._HUICIiINSON.__.__..____._. ....In the county of
...........__..... k1C....L E R......_ .............. ...................._........., state of Minnesota: y/ n 1 � 1
,msµ .. whose name and address .is ................_..._ _.........._......_.._.., �.._......... ..._..........__...............
�P >v JrS?� hereby applies for a psrmLd lo ........
O PLOW AND
underst owner
� r
: n ""'_.__...._._......._. _.�.._............_ ._._.. .........._..........._...... ._..__......_....._...... ............_..................
REMOVE • SNOW WITH �,� j,4 <C v...�_'.c..7n L =c c . Cie 4 %_ ................._.._. ........_......................
.. .... __ ...... __ ...... ............. ................_..... _........_........._..._.._.... _._
,,; UPwn that certain traet of land desortbed as follows: Lot ..................
plat .or addttion ................ : ............................................ _ ... ......................... .; address
... . ....................: Bloob. ..... _ ................................ ..... . I t
?lli whteh to of the foltowind it" and area; width.................... _ .......... ..... ............. fed; length
THIN H CITY LIMITS
ttred. ..... ......N .... T ...... 8 ................ ..... ................. .... ............ _ ....... ... ...................... _..........
feet;
......... _ ...... ..,.. ;
and hereby a revs that, to ease such permit is granted, that all work which shalt be done and all
materials whtoh shall be used shall comply with the plans and speolJtmHone therefor herewith submitted
dnd with all the ordinanem of said........ CITY OF HUTCHINSON
........ .. . ............................ _ ........................ _ .......................................................
.... . .
dppllcable thereto.
.•IppUmnt farther adreft to pay left or asseesmente at the time and in the amounts speeifled as
/otleiw:
....`..:.. �Q ...QQ........ ....... ........ _ .... . ............ ........... _.._.._.__....._...__..-.--- ............................. ....................
........... . ...... ............................................. ............ ..... .............. ....... ._. ... ... .......
e�Ik�
... ........
._.._.._.. .ii�dry
. �'
Owner
PAID
•
City cf Hutchinson
/a - 7`1,
iptate of Affine0otat -- Ci _ .. o f ... Hutchinson
C ounty of .......... McLeod . ..... ........ . 4pplication No .. .. .....3.. . .. .. ....................
Application for License to Sell Cigarettes at Retail
The undersigned resident...... of the ............................ .....City..............._...... .. o f ... I ...... H.u.t..chins?.n. . ..... " ....... 1-- -
In the county of. ......... . .. ... M!ZL.@.qd ... ..................... ..... .. .. Stale of Minnesota, HEREBY MAKE..... .4PPLIC.4-
TIOX FOR LICENSE to be Issued to ............................... CROW ... RIVER. ... COUNTRY ... CLUB .............................. . .......... ..... .... ..... -
to sell cigarettes and cigarette papers and wrappers at retail at .......... P.-O—.-Box., 9 . ..............................
in the ......................... !41Y ...... .......... —,of .............. APS.C.M.u.9.4 ................. . ...... ia said county and state for the term of
...... I ....... I ... ona ... Y.eim ........................... beftnninj with the ..... Ist . .... .. I ... day of - - ... January . ......... -- .........
19...9 6., subject to the lazvs of the State of Minnesota and the ordinances and regulations of said
... ................ . .................. gimty ........ of ............... .............. ..H.utchinson
.... I ..... I ... .......... ....................... pertaininj thereto, and hereurith deposit
$.5.Q,QQ .. .......... . . ... payment of the fed therefor.
Dated ............ .. .......... ....................
PAID
x......
City of Hu,ChInSon
•
/0 —A ,
6t of A innezota t . CitY - f Hutchinson
o .............................. ....... ........................ ......
.
McLeod ....................... I...................... lication No......_.., �, 3. .. ...............................
County of .................. .... � .
Application for License to Sell Cigarettes at Retail
Cit Hutchinson
The underaigrud resident...... of the_ ............ .................. ......... Y.............................. of.........................._.._......... . ............. .. .......
.......,
in the count o f McLeod ....................... I State of Minnesota, HEREBY M11KE -.. . APPLIC.1-
TIOX FOR LICENSE to be, issued to ... ........ ..... ..... HUTCH .... CAFE ..........
to sell cigarettes and cigarette papers and wrappers at retail at ....... . X22, ... kiain .... S. t. x. a. a. x ... 5 ......... ...............................
...... __ ..._..,_ . ............. ........... .............................. - ........................................... _ .............. ...... ._. ..... .. ... . ......... . ................................................................... - ..........
in the .. ..................... C. itY.................._... of.............. H. u. C. S. h1n. a .4R........_.............._..In said county and state for the term of
❑ ne... yeaz ....... I ....... .......... I begtnninj with the .....hs.t ....... ......... of._ ..... ....... .1.arwau— _... ............. ..............
19... 9 6., subject to the laws of the State of Minnesota and the ordinances and regulations of said
. ........ . .......................... ... . C
H u
.._.... f tchinson. .......I .............pertatning thereto, and herewith deposit ..
..
$ . 5. Q_. QQ. ... _.. .................... in payment of the fee therefor.
Dated ,. ......... .... -.. ea ...................................... 19/... X ....
.. � G :.... P4L e sca% ...............................
PAID
Cit cf hiusnirson
•
16, _1} ,
OPEN -HOLD COUNCIL REPORT TUE, JAN 23, 1996, 10:58 AM
page 1
i _____________________________________________________________________
_______________________________
1980 TIDS
3 -D CNC -
EXCAVATING WORK
$3,103.00
THEIS & LONG
LEGAL FEES- ROTARY PARK SUBDIV
$120.75
< *>
$3,223.75*
is TICS
MAXIMUM TECHNOLOGIES
ENVIRONMENTAL CONSULTING
$472.50
< *>
$472.50*
CAP.IMPRO.FUND
CITY OF HUTCHINSON- GENERAL FUN
STATE SURCHARGE
$5.75
< *>
$5.75*
CENTRAL GARAGE
ASPEN EQUIPMENT CO
FLAG & MARKER KIT
$194.19
BRANDON TIRE CO
TIRES, MOUNTING
$539.03
CARQUEST AUTO PARTS
PARTS
$1,166.21
CHAMPION AUTO
MEMO PADS
$17.00
CITY OF HUTCHINSON
JAN MEDICAL
$432.09
CROW RIVER AUTO
REPAIR ABS SYSTEM
$292.77
FORTIS BENEFITS
JAN LTD
$18.86
HARPEL BROS.INC
MANIFOLD, BRASS PLUG
$176.21
HOLT MOTORS INC
WINTER B
$83.81
HUTCHINSON WHOLESALE
PARTS
$385.81
J CRAFT
SINGLE AXIS CONTROL
$91.27
JERABEK MACHINE SERV
ANGLE IRON
$9.00
L & P SUPPLY CO
WIPER MOTOR, FILTER ELEMENTS
$251.44
MID CON SYSTEMS INC
WEATHER REFLECTIONS
$72.95
MN MUTUAL LIFE
JAN LIFE
$6.72
PLOWMANS
REPAIR READ DOOR PNL- POLICE #8
$614.28
REINER LANDSCAPING
RESTOCKING CHARGE
32.40
SCHMELING OIL CO
OIL
27.69
SNAP ON TOOLS CORP
D CLUTCH HLD
35.35
188.65
UNITED BLDG CENTERS
PLYWOOD
WIGEN CHEVROLET CO
BODY WORK AND LABOR POLICE #6
$347.89
< *>
$4,883.62*
CITY HALL CONST.
DSL CABINETS LLC
REBUILD RECEPT CABINET
$60.00
GENERAL OFFICE PRODUCTS CO
WORK STATIONS
$7,136.72
< *>
$7,196.72*
L0. DEV. LOAN
CITIZENS BANK
SOLITRA LOAN
$1,572.94
KORNGIEBEL ARCHITECTURE
ARCHITECTURAL FEE
$2,500.00
SOUTHWEST MINNESOTA INITIATIVE
SOLITRA LOAN
$884.91
< *>
$4,957.85*
ENERGY LOAN FD
COUNTY RECORDER
FILING FEES
$468.00
< *>
$468.00*
GENERAL FUND
ALLEN OFFICE PROD
CARD HOLDER, SUPPLIES
$29.95
AM.WELDING SUPPLIES
OXY, ACES
$45.14
ASCAP
1996 LICENSE FEE
$225.00
BECKER ARENA PRODUCTS
WHT. HDPE
$175.62
BENNETf OFFICE SUP.
D RING BINDERS
$456.53
BERNICKS PEPSI COLA
JAN POP PURCHASE
$20.17
BOELTER, GALE
REIMB FOR FOOTWEAR
$35.00
BONESTROO ROSENE ANDERLIK & AS
SERVICES RENDERED
$663.57
BRANDON TIRE CO
WHEEL BARROW TIRE
$18.80
BURNS MANOR
REBATE ALLOCATION
$213.00
BUS. RECORDS CORP.
MAINT FEE - OPTECH IIIP SYSTEM
$1,300.00
BUYTAERT, PATTY
ICE SHOW COSTUMES
$2,420.00
CARLSON TRACTOR & EQUIP
SNOWBLOWER, LOADER, PLOW
$23,073.23
CENTRAL GARAGE
DEC REPAIRS
$7,686.62
CENTURY LABS
CREDIT LINER
$509.55
CHAMBER OF COMMERCE
1996 MEMBERSHIP -DICK LENNES
$80.00
CITY BUSINESS
MAGAZINE RENEWAL
$59.00
CITY OF HUTCHINSON
COBRA - MATTSFIELD
$29,761.03
COAST TO COAST
ICE SCRAPER
$3.82
COLORADO TIME SYSTEMS
ROTORS
$40.00
COQUI
BALANCE OF COSTUMES
$35.95
COUNTY RECORDER
FILING FEES
$175.50
CUL.LIGAN WATER COND
SOLAR SALT
$25.98
DEPT NATURAL RESOURCES
DNR REG FEES
$1,196.00
•
//- A
OPEN -HOLD COUNCIL REPORT TUE, JAN 23, 1996,
10:58 AM
page 2
---- -------------------------------
GENERAL FUND
- ---------------------------------------------------------------
DEPT OF LABOR & INDUSTRY
LICENSE RENEWAL
10.00
DRAHOS, TROY
BBALL TEAM REIMB
30.00
E -Z SHARP
GRINDING WHEELS, DIAM. DRESSRS
$244.19
EWERT JR., DICK
SNOW HAULING
$903.00
•
FAMILY REXALL DRUG
PACKAGE OF LEGAL PADS
$12.65
FENSKE'S STUMP REMOVAL
STUMP REMOVAL
$437.61
FESTIVAL FOODS
DEC CHARGES
$214.11
FITZLOFF HARDWARE
KEYS MADE
$4.22
FOGG, MIKE
HOURS WORKED -GAMES
$108.00
FORTIS BENEFITS
JAN LTD
$1,424.68
GALLES, LORI
REIMB WOMENS VBALL
$40.00
GEMPLER'S INC
BINDER W/ SECURITY CHAIN
$77.05
GIESE, RICK
HOURS WORKED -GAMES
$90.00
HALI -BRITS INC
TRANSFORMERS
415.27
HENSEN, MARK
MEALS, PARKING, HOTEL
166.90
1400.00
HILLYARD FLOOR CARE / HUTCHINSON HANDLE, PLASTIC BAGS
128.53
HUTCH COMM HOSPITAL
REBATE ALLOCATION
HUTCH FIRE & SAFETY
RECHARGE EXTINGUISHER
$20.13
HUTCHINSON UTILITIES
LMCIT PREM REBATE
$58,660.41
IAFC
1996 MEMBERSHIP DUES
$95.00
INK SPOTS
PAPER
$16.06
JEFF'S ELECTRIC
CHECK RUNWAY LIGHT TRANSFORMER
$52.00
JENSEN &, NEIL J.
MONTHLY PAYMENT
$230.00
JOES SPORT SHOP
BUILDING ATTENDANT JACKETS
$97.56
KALENBERG FARMS
SNOW HAULING
$325.50
KOHN, SUE
MEALS, MILEAGE
$21.14
LIQUOR HUTCH
LMCIT PREMIUM REBATE
$547.00
MARKA, JAMES
MEALS, ROOM CHARGES
$185.78
MARTENS, WARD
GAS KEY RETURNED FOR AIRPORT
$30.00
MCGARVEY COFFEE INC
COFFEE
$82.35
MCLEOD COUNTY FIRE CHIEFS
1996 DUES
$150.00
MCPA
1996 MEMBERSHIP DUES
30.00
MN BODY & EQUIPMENT
KEYS
24.11
NN CHIEFS POLICE ASN
1996 DUES
$ 25.00
MN MAYORS ASSC
1996 MEMBERSHIP DUES
$20.00
MN MUTUAL LIFE
COBRA- LIFE - MANGEN
$521.22
MN SPORTS FEDERATION
VBALL TEAMS
$246.00
MN STATE FIRE CHIEFS ASSC
CHIEF & ASST CHEIF DUES- 1996
$115.00
MN STATE FIRE DEPT ASSC
1996 DUES
$200.00
MN U C FUND
4TH QTR
$2.18
NORTHERN SAFETY CO
HAZARD SIGNS, & Haman MAT
$95.06
OLSONS LOCKSMITH
KEY FOR HATS BLDG
$7.67
•
PLOTZ, GARY D.
BREAKROOM SUPPLIES
$10.77
POLK & CO,R.L.
ADVERTISING
$424.00
RANNOW, DEB
REIMB FOR CO -REC VBALL
$50.00
RESPOND SYSTEMS
CPR MASKS
$104.50
RODEBERG, JOHN
MEALS, HOTEL
$204.36
RUNNING'S SUPPLY
HANDLE, SNOW BRUSH
$105.86
SCHMELING OIL CO
FUEL OIL
$411.58
SHOPKO
CLEANER
$12.77
SILVER CREEK SLED DOGS
1 ADD'L HOUR 1 -15 -96
$100.00
SITZ, HAZEL
MILEAGE TO WORKSHOP
$45.00
SORENSEN FARM SUPPLY
STEEL BLADES
SPECTRUM SECURITY INC
BATTERY REPLACEMENT
$ $31.74
77.40
SRF CONSULTING GROUP
NGINEERING SERVICES RENDERED
$6,423.16
STANDARD PRINTING
BINDERS, REPORT COVERS
$32.62
STAR GYMNASTICS SUPPLY
FOLDING MATS
$349.16
TRI CO WATER COND
SALT
$5.22
TWO WAY COMM INC
SOLDERING
$30.00
UNITED BLDG CENTERS
SCREWS
$7.99
US POSTAL SERVICE
SENIOR NEWSLETTER POSTAGE
$245.00
VIKING OFFICE PRODUCTS
FAX PAPER, RECEIPT BOOK
$96.95
VIKING SIGNS
SIGNS
$176.83
WAHL, ORVIS
STEEL FORMED FOR SAFETY BOX
36.21
WAL -MART
SHOVEL SCOOP & PUSHER
66.64
WOLF - FORDING & CO.
BALANCE OF COSTUMES
33.95
XEROX
5355 DEC CHARGES
$588.33
<*>
$144,626.88*
HAT -FAC. CONST.
ALLIED MECH.SYSTEMS
GAS PIPE INSTALLATION
$262.00
DIVERSEY CORP
RADI ACE VEHICLE CHEMICAL WASH
$4,086.66
ELECTRO WATCHMAN
INSTALL FIRE ALARM
$400.00
GARFIELD LUMBER CO
BAR JOIST
$24,486.00
G ENERAL OFFICE PRODUCTS CO
WORK STATIONS
$12,875.82
GREAT PLAINS SUPPLY
RS -TLN PASLODE
$2,736.90
•
OPEN -HOLD COUNCIL REPORT TUE, JAN 23, 1996, 10:58 AM
page 3
----------------------------------------------------------------------------------------------------
HAT-FAC. CONTT. MCLEOD COUNTY HIGHWAY DEPT.
REIMB FOR 1995 COSTS
$84,928.57
TWO WAY COMM INC
MOVE ANTENNA TO HATS BLDG
$281.35
CITY OF HUTCHINSON
WAL -MART
CABLE & OUTLET
$12.49
FUN WATER /SEWER
MUELLER & SONS
CLASS 5 MATERIAL
$2,386.31
• WM
< *>
DEC LIQUOR PURCHASE
$132,456.10+
FESTIVAL FOODS
HOUSING REDEV LES STROKLUND & MENARDS MATERIALS
HUTCH TRANS FAC. ALLEN OFFICE PROD BOOK ENDS, TAPE, CLIPS
ELECTRO WATCHMAN ANNUAL CHARGE
FITZLOFF HARDWARE WASTE CANS
HILLYARD FLOOR CARE / HUTCHINSON TOWELS, HAND CLEANER
K MART CAN CRUSHER, CLRANER,TRASH BGS
RUNNING'S SUPPLY COUPLER, ELBOW, SOLDER,
SHOPKO CLEANING SUPPLIES
WAL -MART SUGR PROT, EXT CORD, PHONE
c +>
INSURANCE FUNDS HUTCH COMM HOSPITAL MAMMOGRAMS
LIQUOR STORE
ARANGO CIGAR CO
MOIST -N -AIRS, CUTTERS
CHUCK'S REF
REPAIR BEER COOLER
CITY OF HUTCHINSON
LOTTERY SALES
CITY OF HUTCHINSON- GENERAL
FUN WATER /SEWER
CROW RIVER GLASS
GLASS FRONT & DOORS -CIGAR CASE
ED PHILLIPS & SONS CO.
DEC LIQUOR PURCHASE
FESTIVAL FOODS
DEC CHARGES
FORTIS BENEFITS
JAN LTD
GRIGGS COOPER & CO
DEC LIQUOR PURCHASE
JOHNSON BROTHERS LIQUOR CO.
JAN WINE PURCHASE
LENNEMAN BEVERAGE DIST. INC
JAN BEER PURCHASE
LEO'S TRANSFER
FREIGHT CHARGES
LOCHER BROS INC
JAN BEER PURCHASE
LUNDHOLM, LORI
WINDOWS
MN MUTUAL LIFE
JAN LIFE
PAUSTIS & SONS
JAN WINE PURCHASE
•
PEART & ASSOCIATES
CAMERA SECURITY SYSTEM
QUALITY WINE & SPIRITS CO.
JAN LIQUOR PURCHASE
RESPOND SYSTEMS
CPR MASKS
STANDARD PRINTING
TAPE CASSETTES
TOTAL REGISTER SYS
1996 CONTRACT
TRIPLE G DISTRIBUTING INC
JAN BEER PURCHASE
WAL -MART
VIDEO CABINET & TAPES
PAYROLL FUND
AETNA VARIABLE LIFE ASS. CO.
EE CONTRIB
AMERICAN FAMILY INS CO.
EE CONTRIB
GREAT WEST LIFE INS. CO.
EE CONTRIB
H.R.L.A.P.R.
EE CONTRIB
ICMA RETIREMENT TRUST
EE CONTRIB
PERA LIFE INS CO.
EE CONTRIB
PERA- D.C.P.
EE CONTRIB
PRUDENTIAL
EE CONTRIB
PRUDENTIAL MUTUAL FUNDS
EE CONTRIB
PUBLIC EMPLOYEES
EE CONTRIB
TEMPLETON INC
EE CONTRIB
WADELL & REED
EE CONTRIB
WITHHOLDING TAX ACCT
EE CONTRIB -FED TAX
c +>
PUBLIC SITES
RURAL F. D.
c *>
•
MCLEOD COOP POWER ELECTRIC HOOKUP
FESTIVAL FOODS KODAK FUNSAVER
MIDWEST FIRE EQUIP & REPAIR CO 3000 GAL TANKER
REINER, CRAIG TRAVEL & MILEAGE
$2,780.67
$2,780.67•
$17.04
$377.01
$38.50
$113.48
$34.66
$
90.35
9 214.83
984.11*
$455.00
$455.00*
$160.00
117.19
989.18
105.23
147.20
$10,5 $7.99
$35.68
$23,811.46
$18,119.37
$3,957.35
$646.35
$9,241.15
42.60
12.60
1 1,188.75
6,461.03
6,743.30
$7.95
$139.56
$1,125.00
$14,993.40
$65.31
$98,683.47*
$690.00
$89.16
$100.00
$158.93
$2,133.45
$124.50
$52.02
155.00
318.46
$13,396.65
9 448.46
150.00
9 32,527.32
50,343.95*
$800.00
$800.00*
$7.85
$31,775.00
$127.00
$31,909.85*
OPEN -HOLD COUNCIL REPORT TUE, JAN 23, 1996, 10:58 AM
page 4
----------------------------------------------------------------------------------------------------
WATER /SEWER FUND ALLIED SERVICES OF HUTCHINSON
REPAIR HEATER
$45.00
CENTRAL GARAGE
DEC REPAIRS
$215.95
CITY OF HUTCHINSON
JAN MEDICAL
$4,266.71
CROW CHEMICAL CO
ICE MELTER PELLETS
$153.47
D.P.C.IND.INC
TON CYL DIXIE
$96.00
DYNA SYSTEMS
WASHERS, CLAMPS
$106.83
ELECTRIC MOTOR CO
UNIT HEATER
$80.94
FEED RITE CONTROLS
VALVE & CONNECTION
$888.70
FORTIS BENEFITS
JAN LTD
$200.14
GOPHER STATE INC
DEC CALLS
$15.75
HACH COMPANY
FILTERS, COTTON BALLS
$49.60
HUTCHINSON UTILITIES
ELECTRIC
$658.23
HUTCHINSON- WILMAR TECH COLLEGE
CLASS REG- RICHARD EBERT
$71.00
JUUL CONTRACTING CO
WATER FACILITY CHLORINATION
$25,379.04
KOHN, SUE
MEALS, MILEAGE
$42.28
MCNELLY GROUP
JANUARY COMPOSTING LEASE
$5,325.00
MN MUTUAL LIFE
JAN LIFE
$70.35
MN SECTION CSWPCA
REG -M GRAHAM, R DEVRIES,J LANZ
$90.00
MN VALLEY TESTING LAB
CYANIDE & COPPER TESTS
$257.00
NALCO CHEMICAL CO.
BAGS 9909 POLYMER
$5,232.34
RESPOND SYSTEMS
CPR MASKS
$15.90
SANIFILL INC
LOADS 1 -2 THRU 1 -6
$3,549.76
SCHRAMM IMPLEMENT
RENTAL EQUIPMENT
$743.37
SERCO LABORATORIES
AMMONIA TESTS
$72.00
STANDARD PRINTING
2 CALENDARS
USA BLUE BOOK
CHERNE GRIPPER 4 END STYLE
$ $10.56
41.18
WATERPRO
WATER METERS
$8,147.25
WELCOME NEIGHBOR
DEC LIST
$60.00
c *>
$55,884.35*
$540,132.57*
i TRANSFER
PAYROLL FUND MN DEPT OF REVENUE
WITHHOLD TAX
6,268.87
11
IMMEDIATE PAY
COUNCIL REPORT TUE, JAN 23,
1996, 10:58 AM
page 1
----------------------------------------------------------------------------------------------------
CENTRAL GARAGE
HENNEPIN TECHNICAL COLLEGE
REG- KENNETH WICHTERMAN
$80.00
< *>
$80.00*
RAL FUND
DEPT NATURAL RESOURCES
DNR FEES
$604.00
MINNCOMM PAGING
PAGER AGREEMENT
$27.16
MN DEPT OF REVENUE
CLOTHING & PERS.EQUIP -SALES TX
$946.26
SCHUETTE, SCOTT
TRAVEL, LODGING, MEALS
$380.00
< *>
$1,959.42*
HOUSING REDEV
RICHARD KOSEK & BERG -WAY CONST CONSTRUCTION & WINDOWS
$3,955.00
< *>
$3,955.00*
LIQUOR STORE
CITY OF HUTCHINSON
LOTTERY PAYMENT
$155.00
CITY OF HUTCHINSON - GENERAL
FUN PAYROLL 1/5/96
$6,362.71
MN DEPT OF REVENUE
SALES TAX
$319.15
< *>
$6,836.86*
WATER /SEWER FUND MN DEPT OF REVENUE
SOLID WASTE TAX
$4,879.74
< *>
$4,879.74*
$17,711.02*
1
�J
u
0
Y i
CITY OF HUTCHINSON
BUILDING / PLANNING / ZONING DEPARTMENT
I l l HASSAN STREET S.E., HUTCHINSON, MN 55350 PHONE: 612.234 -4216 FAX: 612 - 234 -4240
MEMORANDUM
DATE: January 11, 1996
TO: Gary Plotz, City Administrator
FROM: Jim Marka, Director of Planning/Zoning/Building
Permitting for Hutchinson Iron and Metal
•
I finally connected with Mr. Mark Jacobs (1- 507 - 537 -7132) with MPCA to confirm
that NQ MPCA or special storm water permitting is required.
If you have any questions or need additional information do not hesitate to contact
me.
JGM/mms
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
0
0
J
DAVID S. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL 0. DOVE
RICHARD G. MCGEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT D.ARNOLD
TALSO ADMITTED IN Tex A3 AND NCw 101.1
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
16121587 -7575
FAX (612) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 10, 1996
Re: Free Delivery of Alcohol (Bavarian Haus)
Our File No. 3188 -87001
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
ARTHUR L. DOTEN
5061 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
1612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389-2214
FAX (612) 389 -5506
You recently asked this office for an opinion regarding a practice
that the Bavarian Haus restaurant in Hutchinson either has
instituted or would like to institute. The request has come to the
City from the Bavarian Haus to serve an alcoholic beverage as part
of the meal which is apparently a Germanic tradition. There would
be no charge for the alcohol in question and the impression that I
have formed is that the amount of alcohol under discussion is of
shot glass size.
There is no prohibition in the City Code regarding this activity.
I not only reviewed the liquor statutes of the State of Minnesota
but also discussed the matter with Al Erickson of the Division of
Liquor Control and the conclusion that we both reached was that the
service of such alcohol, under the circumstances outlined below, is
not a violation of any State law or regulation and thus the
Bavarian Haus may serve the alcohol in question.
This opinion is based on the assumption that the Bavarian Haus is
licensed to sell the liquor in question such that they are now
simply giving away that which they could previously charge for and
is also expressly limited by the other restrictions that are placed
on alcohol consumption in the State of Minnesota. Specifically,
the Bavarian Haus must not serve the alcohol in question to persons
under the legal age for the consumption of alcoholic beverages in
the State of Minnesota and, among other things, must not serve
obviously intoxicated persons. Additionally, the Division of
Liquor Control takes the position that if there is any advertising
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
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
January 10, 1996
Page 2
that the liquor is served "free" such advertising is misleading in
that the purchase of a meal is required. Obviously, this becomes
an issue only to the extent that advertising is contemplated and
absent such advertising, no such problem is created.
Thank you for the opportunity to review this fascinating legal
question. If you have any additional inquiries along these lines,
please do not hesitate to contact me.
Although this opinion is directed solely to the City of Hutchinson
which has retained this office for the purpose of dealing with
legal issues involving the City of Hutchinson, since the request
came from Mr. Lamprecht, I am taking the liberty of providing him
with a copy of the opinion.
Best personal regards.
Very t
ARNOLD, ERSQ DOVE, P.L.L.P.
G. Ba Anderson
GBA:lm
CC Bavarian Haus, Attention: Mr. Lamprecht
0
9
0
FOR v0! �R INFORMATION
HUTCHINSON
FIRE DEPARTMENT
205 Third Avenue South East
HUTCH I NSON, MINNESOTA 55350
MEMORANDUM
January 11, 1996
FROM: Brad Emans. Fire Chief
SUBJECT: OFFICER RESIGNATION
• Assistant Chief Randy Redman has resigned from his position effective January 15, 1996. The Fire
Department will vote to fill that position on Monday, January 15, 1996. After that meeting, I will
inform you as to the person replacing Randy as assistant chief.
IL:1:
0
HUTCHINSON
FIRE DEPARTMENT
205 Third Avenue South East
HUTCHINSON. MINNESOTA 55350
MEMORANDUM
0
January 19, 1996
To: Mayor and City Council and Gary Plotz, City Administrator
From: Brad Emans, Fire Chief
Subject: ELECTION OF NEW OFFICERS
On January 15, 1996, the Hutchinson Fire Department elected the following officers:
2nd Assistant Chief Dan Steele
Rural Captain Brian Koelln
City Lt. Bob Hagen
Note: Randy Redman will now be placed as firefighter.
1
F O R YOUR WORNiA 1010
Administrative Office
John M. Street S Director PLUBURY oneefland
0 Fifth Street SW o. Box 327 SYSTEM
Willmar, Minnesota 56201 -0327
Phone: (612) 235 -6106 Fax: (612) 235 -3169 wilmarpl@fergus.cfa.org
PIONEERLAND LIBRARY SYSTEM BOARD
November 16, 1995
President Alsop called meeting to order. Canfield /Sneer moved
approval of minutes of September 21, 1995. Motion carried.
Finance Committee report was given by Rudningen. Rudningen /Sanders
moved approval of September and October 1995 financial reports.
Rudningen /Canfield moved approval of revised 1995 budget. Motion
carried. Rudningen /Sanders moved approval of contract with GRC for
two years to produce CD ROM catalog. Motion carried. Nelson /Brunner
moved that library classification for new pay range be determined
by using only city and county funds that are part of the PLS local
library budget. Motion carried. Board approved having lawyer draft
agreement amendments in addition to completing legal review of
personnel issues, with cost not to exceed $2,500 budgeted for 1995.
Personnel Committee report was given by Schoener. Legal review of
Personnel documents was discussed. Brunner /Canfield moved approval
of revised 1996 pay range. Motion carried. Brunner /Schweiss moved
approval of administration /service center job descriptions. Motion
carried. Brunner /Canfield moved approval of 1996
administration /service center wages. Motion carried.
Policy Committee report was given by Alsop. Alsop /Canfield moved
approval of concept of agreement amendments. Lawyer will draft
formal amendments to be presented to board for approval in 1996.
Motion carried.
Matson presented draft of 1996 Librarians of Color grant.
Canfield /Brunner moved approval of grant application. Motion
carried.
Houlahan presented director's report. His report included update on
automation project and future planning for automation. PLS Board
has been invited to visit Prairie Correctional Facility in
Appleton. If there is sufficient interest, a board meeting will be
scheduled following the tour in the spring.
Next meeting Thursday, January 18, 1996, 7:30 p.m., Kandiyohi
County Health and Human Services Building, Willmar.
Dorothy Tebben
Secretary
HUTCHINSON FIRE DEPARTMENT MINUTES
REGULAR MEETING
Monday, November 6, 1996
The meeting opened at 7:30 P.M.
The minutes were read and approved.
COMMITTEE'S
Nominating - Dick Kuttner reported on the elections for Chief and Captains for the December
meeting. Nominations will be accepted from the floor.
Fire Prevention - Casey Stotts talked about the community awareness day at the Mall. Please
sign up if Interested. Chief Brad Emans awarded Fire Prevention appreciation certificates.
BILLS
GD
RUNS
10-2 1052 Bluff St. N. 10-21 Rescue - Mutual Aid Brownton
10-2 Alarm - Hutch Tech College 10-22 HTI - Alarm
10-4 Medical - 22365 CR #7 10-23 HazMat - Farmers Elevator
105 Medical - 13900 Tagus 10-29. Medical - 16532 200th Hutch Twp.
10-6 Sam - 19589 120th Collins Tvrp. 10-29 Car - Kalenberg
10-7 Prince of Peace 10-29 Medical
10-7 Car - Thompson 10-29 HTI - Alarm
10-7 HTI - Sprinkler 10-30 Alarm - Evergreen Apts.
10-7 HTI - Alarm 10-2 SCBA's
10-11 Farm Mach. - Dostal Hutch Twp. 10-2 Drill & Meeting
10-17 -- Grass - Knutson Lynn Twp. 10-9 Drill
10-19 Alarm - Plaza 15 10-16 Drill
10-20 1052 Hwy 7 & School Rd.
MMS to approve the runs as read. Motion passed.
NEWBUSINESS � E PR.aF-
Gary Forcier made the motion, seconded by Jim Popp to have the Christmas Party except for
the apperatus floor. Motion Passed.
Asst Chief Randy Redman talked about the Essentials of Firefighting class starting in January.
Chief Brad Emans stated that the Kids Christmas party is scheduled for December 17th, the
Sunday following the adult party.
Chief Brad Emans reported that Casey Stotts will be taking over the emergancy planning for the
City of Hutch including the Fire Dept. and the Police.
Casey Stotts talked about the dry voter supply on Goose Lake In Meeker Co
Chief Brad Emans and Casey Stotts reported on the Chiefs Conference.
The meeting adjourned at 8:15 p.m.
0 Respectfully submitted by,
Jim Brodd
Secretary
HUTCHINSON FIRE DEPARTMENT MINUTES
OFFICER'S MEETING
Monday, November 2o, 1995
The meeting opened at 9:15 p.m.
Jim Popp talked about accountability Inside and Men leaving buildings. There was general
discussion on how to go to the next step on PAR. We will Investigate a large incident board for
accountability. Jim Brodd, Safety Officer will report back at next months officer meeting : .
Tom Pessek stated that he will take 2336 out to get the electrical problem fixed tM9 wleelf, >'
Duane Hoeschen statedthiat Incident Command training will be scheduled for sometime in
February 1996 with a Triage class sometime after that.
The annual training session meeting will scheduled for sometime in December.
Gary Forcler asked that everyone use the new garbage can In 2335 for waste and medical items.
Please keep the Inside of the tricks dean.
Jim Brodd, Safety Officer stated that everyone should slow down when responding to the fire
station. There have been some oomplaims by the police and general public. When driving 2335
to fires, the speed limit In town will be 35 MPH. The penalty for exceeding this limit will be no
driving of fire department vehicles. The Safety Officer will monitor this rule.
Dart Steele talked about the new 2338 payment plan. Gary Henke has worked out what each
township will be billed. Dan Steele was asked to verify what we had ordered when the trick Is
delivered.
Tom Pessek will take pump out of 2338 when appropriate.
Meeting adjourned at 9:45 PM.
Respectfully submitted by,
Jim Brodd
Secretary
0
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HUTCHINSON FIRE DEPARTMENT MINUTES
REGULAR MEETING
Monday, December 4, 1995
The meeting opened at 8:15 P.M.
The minutes were read and approved.
COMMITTEE'S
Nominating - Dick Kuttner announced the candidates for Chief, Ladder, City, Rural, and Rescue
Captains. The elect then proceeded with the following results.
`Flre Chief= Brad
Motion made and seconded to cast a unanimous ballot for Brad Emans for Chief. Motion
carried.
Ladder Captain - Gary Forder
Motion made and seconded to cast a unanimous ballot for Gary Forcer for Ladder Captain.
Motion carried.
City Captain - Jim Popp
Motion made and seconded to cast a unanimous ballot for Jim Popp for City Captain. Motion
carried.
Rural Captain - Dan Steele
Motion made and seconded to cast a unanimous ballot for Dart Steele for Rural Captain. Motion
canted.
Rescue Captain - Duane Hoeschen, Jeff Nies
Motion made and seconded to stop the nominations. Motion carried. Ballots were cast and Jeff
Nles was elected as Rescue Captain.
Rescue Lieutenant for a 1 year term - Duane Hoeschen
Motion made and seconded to cast a unanimous ballot for Duane Hoeschen for Rescue
Lieutenant. Motion canted.
Motion made and seconded to destroy the ballots. Motion canted
Uniforms - Rob Carlson stated that there Is a signup sheet in the control room for FD jackets.
There are three styles to choose from. The order will go in after the January meeting.
Fire Prevention - Casey Stotts thanked Duane Hoeschen and Russ Duenow for helping out at the
Community Awareness Day at the Mall. Everyone should get involved with Fire Prevention.
Chief Brad Emans then handed out Fire Prevention Certificates of Appreciation.
Christmas Parties - Jamie Emans stated that the adult party will be Friday 12/15, starting at
7:OOPM. Please bring a dish to pass. Chief Brad Emans stated that the children's party put on
by the Captains will be Sunday 12/17 at 1:00 PM. Signup In the control room.
Membership - Chairman Tom Glaeser announced that Tim Huires, Mark Magoon, Tom Malchow,
Westin Scott, and Pat Stroh are on active status as of 12/4/95 after completing their one year
probatcr period.
Dance - The Fire Department annual dance will be April 27 at the Fairgrounds multi - purpose
building with The Shaw Band playing.
BILLS
City, Fire Marshall and Rural Account
$3,377.97
General Account
Hutch Fire & Safety
$545.98
Sunset Printing $1,085.00
Hutch Fire & Safely
$72.95
Surplus Operations $105.00
Bob Hagen
$5.18
Image Watches, Inc. $180.00
Syndisler .
$809.00
Lake Country Chapter $125.00
Gene's Towing
$53.25"
Subway $42.83
Hutch Mall
$10.00
Gary Henke $300•00
Festival Foods
$8.39
Casey Stotts $528.00
Cashwlse
$53.51
$3,902.07
Total
RUNS
11 1 Far1a06�A11IQ
11 -18 Grefa Const. - Hasaer YPOY. .
�.f 11-2 5 j *,tr'If (1(OrI FLa158 Af�i9
_
�i' .. r s 1 t,2
11-3 Car Fire - Ellsworth Twsp.
11 -22 America Inn
11-4 Reiner Landscaping
11 -22 Forcier Rescue - Acoma Twap.
11-4 Hutch Skydtve - Rescue
11.8 Drill & Meeting
11-8 Medical
11 -13 SCBA's
11-8 Bonderson - Hessen Valley Twep.
11 -13 Drill
11 -10 Welt Clay
11 -20 Drill
MMS to approve the bills and runs as read. Motion passed.
NEW BUSINESS
Brent Reiner talked about fbdng up the Dry Suits used for cold water diving. Brent also stated
that a diver class could be setup for $135.00 per student at the pod. Chief Emans stated that the
policy will be that the department will pay for the training if the people Involved wAll sigrwp for the
Fire Department recovery team.
Asst. Chief Randy Redman stated that the arvxial planning meeting will be In early January.
Chief Brad Emans asked if anyone would like to be on a specific committee for 1998, please
contact him. Brad also stated that the Reserve members should attend the essentials of
firefighter training starting In January 1998, see Asst. Chief Redman for details.
The meeting adjourned at 8:50 p.m.
Respectfully submitted by,
Jim Brodd
Secretary
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HUTCHINSON FIRE DEPARTMENT MINUTES
OFFICER'S MEETING
Monday, December 11, 1985
The meeting opened at 8:30 p m
Jim Popp stated that all firefighters should make sure that they are dressed properly for alarms.
Make sure you take gear along when going to medicals.
Tom Pessek stated that 2338 Is fixed.
Chief Brad Emens asked that a committee be formed to kook at repairing 2334• Den 44Ie; ..
Dick Kunw, and Tom Pessek volunteered:
Gary Henke asked that no one should be removing things out of the officers desk drawers
WOW permission.
Duarte Hoeschen staled that the MIMS training will be the last 2 Mondays in February and the
first Monday In March 1988.
Duane Hoeschen also stated that the Shaw Band has been booked for the FD dance.
Chief Brad Emam staled BW the Police Dept. will be storing their van In the fire station during
the renovating of their garage.
Jim Popp talked about a command communications vehicle. Jim Popp and Casey Stotts are on
a committee with the PD that has discussed different options and equipment.
Meeting adjourned at 9:10 PM.
Respectfully submitted by,
Steve Schremn
Acting Secretary
Vfil
ARNOLD, ANDERSON & DOVE
PROFESSICNA� _IMITEO L'AS) -ITY PARTNERSHIP
•
CAVID B. ARNOLD
STEVEN A. ANDERSON
G. BARRY ANDERSON
LAURA K, FRETLAND
DAVID A. BRUEGGEMANN
PAUL D.COVE
RICHARD G. MCGEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT D. ARNOLD
'4 AOMm[o IK TE Aw0 .9. YORK
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 11, 1996
Re: Open Meeting Law Issues
Our File No. 3188 -87001
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
ARTHUR L. DOTEN
5801 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545.9000
FAX (6121 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
4612) 3692214
FAX (6121 309 -55OB
Dear Gary:
I am writing to you today as a follow up to my prior correspondence
regarding general open meeting law issues. A copy of my prior
correspondence is enclosed with this correspondence for your ease
of reference.
I was asked to address the specific question regarding whether or
not, in calling a meeting of the Council, a time designation of
"following the regularly scheduled City Council meeting" is
acceptable.
0
Specifically, the City Council held a workshop following the
January 9, 1996 City Council meeting. Significantly, Council
member Peterson moved to hold the workshop following the January 9,
1996 meeting and that motion was appropriately seconded and,
according to the minutes of the City Council meeting for December
26, 1995, unanimously approved by all in attendance.
Minn. Stat. §471.705 requires only that written notice be posted of
the "date, time, place and purpose of the meeting" and does not
prohibit the scheduling of meetings with less than a time certain.
Similarly, City Code Section 2.03, which sets out the requirements
regarding special meetings, requires a notice of the time, place
and purpose of the meeting. Again, there is M requirement that a
specific time certain be established.
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
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(6 587 -7575
FAX 1 612) 587.4096
I'
Mr. Gary D. Plotz
January 11, 1996
Page 2
Had the legislature intended to prohibit a city council or other
public body from calling a meeting conditioned upon the conclusion
of some other meeting, it could have done so. The fact that it did
not, in my view, solidifies the opinion that such a notice of a
meeting is both appropriate and proper.
It is also worth noting that the regular City Council meeting could
simply have been adjourned to reconvene some minutes later and thus
eliminate the whole notice issue.
Having given the opinion that in this particular circumstance no
violation of the open meeting law occurred, I must nonetheless
indicate that caution with regard to the scheduling of such
meetings ought to be the watch word. While notice of a special
meeting of the City Council immediately following the regularly
scheduled meeting would certainly be appropriate, as I have opined,
a rule of reason must be applied. A notice that states that the
special meeting will occur after the regularly scheduled City
Council meeting but allows the chair to name the time would be
defective. The purpose for the notice provisions is to allow all
concerned with an issue the opportunity to attend if they wish. An
open ended grant of authority to set the time of the meeting, under
most circumstances, would probably be viewed as a violation of the
statute.
I hope this correspondence is helpful to you in analyzing questions
concerning the open meeting law. Best personal regards.
Very tru
ARNOLD,
G. Barry
GBA:lm
P.
•
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIAOILITY PARTNERSMIP
•
4 TTORNEYS AT LAW
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
CAVID A. BRUEGGEMANN
PAUL D. DOVE
RICHARD G. McGEE
CATHRYN O. REHER
GINA M. BRANDT
BRETT D. ARNOLD
'ALTO "W"ED 1H TC>,/.f AMP M M 1011
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(612) 587 -7575
FAX(612)587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
December 27, 1995
OF COUNSEL
RAYMOND C. LALLIER
_ANE VAN VALKE.NBORG
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, M I NNESOTA 55416
IS 12) 545.9000
FAX (612) 545.1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
1612) 369.2214
FAX(612)389 -5506
Mr. Gary Plotz
Hutchinson City Center
111 Hassan St SE
Hutchinson, MN 55350
Re: Meeting Requirements
Our File No. 3188 -87001
Dear Gary:
At the request of council member John Mlinar, I have prepared this
correspondence which acts as a summary of the relevant statutory,
charter and ordinance provisions governing procedures for calling
meetings of the Hutchinson City Council.
The starting point for any examination is section 3.01 of the
Hutchinson City Charter which provides, in relevant part:
(T)he Council shall meet at such time each month as may be
prescribed by ordinance and resolution. The Mayor or any
three members of the Council may call special meetings of the
Council upon at least twelve hours notice to each member of
the Council and such reasonable public notice as may be
prescribed by Council ruling in compliance with the laws of
Minnesota.
While at first glance it would appear that a special meeting of the
council can be called on twelve hours notice, the charter
specifically references the "reasonable public notice as may be
prescribed by Council rule" and for this analysis consideration
must be given to the City's Ordinance provisions.
Hutchinson City Ordinance Sec. 2.03, dealing with the topic of
special meetings, sets out the procedure:
Special meetings of the Council may be called by the Mayor or
by any three other members of the Council by writing filed
. with the City Administrator stating the time, place and
purpose of the meeting. Notice of a special meeting shall be
given by the City Administrator to each member of the Council
by mailing a copy of such filing to all members who did not
sign or issue tha cat �o$1F�TeQ3so�ATI�#le time
CERTIFIED AS A CIVIL RIAL CI IS
** CERTIFIED AS A REAL PROPER" LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Gary Plotz
December, 27, 1995 .
Page 2
stated therein, or by personal service at least seventy -two
hours prior to the projected time of meeting. Special
meetings may be held without prior written notice to the
Council when all Council members are present at the meeting or
consent thereto in writing.
A couple of comments are in order about this Ordinance provision.
First, although the reference within the Ordinance language is to
a four day notice, as long as the notice is delivered personally,
three days notice is satisfactory. Additionally, the Ordinance
specifically exempts meetings which are adjourned from time to time
from these notice requirements and also provides an emergency
exception. For example, if a regular and properly called meeting
does not conclude, it may simply be adjourned by the council by way
of a proper motion, to a specific date and time and no additional
notice will be required.
In general, the Minnesota Open Meeting Law, found at Minn Stat Sec.
471.705, also has a three day notice requirement for special
meetings and also contains an exception for emergency meetings.
The Statute does require that the notice of the special meeting
include the date, time, place and purpose of the meeting and it •
also requires the notice to be posted on the door of the usual
meeting room and to be mailed or otherwise delivered to each person
who has filed a written request for notice of special meetings with
the public body. I presume that the two local radio stations, the
newspaper and cable access all receive notice of special meetings.
So that the Council's file with respect to this matter is complete,
I am providing you with a copy of page four of our existing City
Charter, page five of the Hutchinson City Code Book that contains
the special meeting language and a copy of Minn Stat Sec. 471.705
as these are the source materials for the opinion referred to
above. Please note that we have not yet updated the City Code, a
task we generally undertake at the end of the year, and the code
thus still refers to 7:30 P.M. meeting times. The City Council
has, however, properly changed the meeting time to 5:30 by
ordinance.
I hope this correspondence is helpful. Please do not hesitate to
contact me should you have any questions regarding the foregoing.
Thank you. Best regards.
Very truly yours,
ARNOLD, ANDERSON & DOVE, P.L.L.P.
G. Barry Anderson
GBA:ak
Enclosures
•
0
0
DAVID S. ARNOLD
STEVEN A. ANDERSON
G. BARRY ANDERSON
LAURA K_ FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE * '
RICHARD G. MCGEE
CATHRYN D. REHER
GINA M. BRANDT
9RETT D. ARNOLD
•Lao.DMITTEO I.. 11).2 .MP ." 1..14
Mr. John Mlinar
704 Hilltop Drive
Hutchinson, Mn.
ARNOLD, ANDERSON & DOVE
PRC.ESSIONAL LIMITED L —eIOTY P. qi N[F$FIP
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 553SO-2563
161 21 58 7 -7 57 5
FAX (612) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 10, 1996
Re: Open Meeting Issues
Our File No. 3188 -95311
Dear John:
OF COUNSEL
RAYMC \D C. LALLIER
JANE VAN VALKENSURG
ARTHL;R L. DOTEN
5861 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
1 6 1 21545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
16121 389-2214
FAX 16121 389.5508
So that your files are complete, I am enclosing and returning to
you the documents that you left with me. I have made a copy for my
file.
Additionally, although it should be in the council packet, I am
enclosing and sending to you a copy of the opinion letter that I
wrote to Gary Plotz based on our conversation of a couple of weeks
ago.
Thank you for taking the time to visit with me. Best regards.
Very truly, yeurs,l n
ARNOLD,
G. Bar nTer
GBA:1
Enclosure
CC Gary Plotz
, 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
FOR YOUR R4FORAATi)N
pall -I.vp
CITY OF HUTCHINSON
JP J ! l y
-CITY SERVICES-
SNOW AND ICE REMOVAL FROM SIDEWALKS
DATE 1988: updated 1995 SOURCE ADMINISTRATION NO. 2.39
All snow, ice. dirt and rubbish remaining on a public sidewalk
more than 24 hours after its deposit thereon, is declared to be a
public nuisance. The owner or occupant of any property adjacent
to a public sidewalk shall use due diligence to keep such walk
safe for pedestrians. No such owner or occupant shall allow
snow, ice, dirt or rubbish to remain on the sidewalk longer than
24 hours after its deposit thereon.
Beginning 24 hours after any such matter has been deposited
thereon, or after the snow has ceased to fall, the supervisor of
maintenance operations shall authorize the city crew to remove
the snow, after a minimum of 12 hours notice has been given that
the property is in violation of city ordinance.
• The owner of property on which or adjacent to which snow, ice,
dirt or rubbish has been removed by the City of Hutchinson shall
be personally liable to the City of Hutchinson for cost of said
removal. The city administrator, upon receipt of information
from the supervisor of maintenance operations shall authorize
preparation of a bill payable to the City of Hutchinson.
On or before October 1st of each year the city administrator
shall list the total unpaid charges for each removal against each
separate lot or parcel to which they are attributable under this
ordinance, and the administrator shall certify said charges to
the county auditor for collection the following year along with
current real estate taxes.
When a property owner is delinquent in removing snow, and city
crews are required to perform this task, the following fee and
administrative costs may apply,
Minimum charge for sidewalk snow /ice removal from property
with sidewalk on one side - $35 plus $25 administrative fee,
for a total of $60.
Property with sidewalk on two sides - $70 plus $25
administrative fee for a total of $95.
0
pa13.4,wp
CITY OF HUTCHINSON •
�J! 1 r; Y
-CITY SERVICES-
SNOW REMOVAL - GENERAL & PRIVATE
DATE 1888• undated 1985 SOURCE ADMINISTRATION NO. 2.4
GENERAL After a significant snowfall (usually in excess of 3'), the city will
generally utilize the following snow removal policy,
a. Sidewalk clearing in the Downtown area will begin first (usually
approximately midnight). The sidewalk crew will clear other areas of
town when this work is completed.
b. Downtown street snow removal will begin next (usually approximately 2
a.m). This will include the area adjacent to Park Elementary School.
C. Downtown alleys and parking lots will commence next.
d. City emergency routes will commence next. They include the following,
Oakland Avenue Freemont Avenue Century avenue
Second Ave SW 6 SE Michigan Street Fifth Ave MM A ME
Lynn Road Roberts Road Fifth Ave SW i SE
School Road Shady Ridge Road South Grade Road .
e. Preliminary Airport snow removal will be done after the emergency
routes. Final cleaning of the Airport will usually be completed by mid-
morning.
f. All other City routes will be plowed after the above is completed. Each
Plow operator has an area of town, which will be completed in a logical
manner to reduce redundant movements.
The City will limit its use of sand and salt to reduce environmental concerns
and salt damage to vehicles. The City will sand and salt major intersections,
hills and other locations as deemed necessary.
PR IVATE The City street department will not remove any snow from private
property, except as noted in City Policy titled 'Snow and Ice Rewoval from
Sidewalks'. The city snow removal ordinance also states that no srow, leaves,
clippings, debris, etc., be deposited on city streets. This ordinance clearly
states that the city will not allow snow to be plowed onto the windrows which
the city will continue to haul away. violation of this ordinance will be
closely monitored and violators may be subject to a fine.
The City of Hutchinson has a snow disposal area located on city property north
of the armory on TH 22 which may be used at no charge to dump private snow.
We ask close cooperation be maintained with the city so that snow is dumped in
an orderly fashion. (City Council action 1- 12 -82)
• M= SIX IMM - MTIR As a general rule, after a heavy snowfall 13 iocbes or tore the city rill call Oat the sidewalk
tree rhicb cocsuts of one plow tract, one soorblwer, and one rotary brunt at 12:00 t:dmght and clean the sidenits is tie
doatae baiae" Itstriee There no boulevard exists.
At 2:00 a,s, the city activates 2 gndere and 2 froat -end loaders to begin wort in the heavily traveled area of the dwstma
lniea & trict cad eleataq mckool. The snow is this area is wtmdrered and eventually pitted cep by the city's soar blower
ud tracks. Tie frost end loaders clew the da stsa alleys asd city oned part* lots, pushing this snow into the riwrows is
the widdle of the street. The city's priority as pitting sp that viodras by ranking follows: Third ire. SB, Mis Street,
lighny 47 But and fat, Bluff Street, Whisgtoo Ire., grove Street lheceae of the sckoal bases), Second Irate, First ire.,
trio" Street and Maas Street. The balance of the buisas district is then toapleted.
Is wlitiet to tke grader aw laden At 200 a.a. tit city also actinta the three unplwiq crocks, shich will coswee
clurig tie asrrgsey limit a follms Catlaad ire., Frumt lie, Catary ive., Secod Ire, lickiga Streit, Fitth Ile.,
GFu Bond, Wberth low, Stool lead, MW lidle load, 3""th lit., Sath grade Baal. By baring theca streets cleaned early
IM raideb liwiq on feeder struts have seem to a umr thorwghfars.
Ilso at 201 t.a. the city's 314 too tract witk ploy begins clae* all city allgl tO enable the usitatice track to use freely
00 garbage pick-sop. generally this tad is cassplettd amuck 4,10 a.a.
Tie city's ualiq try egtipped witk a plow will also be dispatched at 2111 a.a. to assist wick cleariaq fifth In. R,
WAWSlrti In. 11, TL Street R, Koss Strut, Tatar Street aw glen Street. Sul* of the hills will he cotpleted at till
tie. k 4,11 a.a. tkis nit will begin clewing the afrpwt runny ad tuiny, entrance row, partial lot aw area in frast of
departare teraina.1 to allow for partiy of iacniq aircraft. This unit will then return to the city sad begin sanding
istersectiou as needed. Fiat cleaning of tie airport will begin at 6100 1.1. sod Fill be cospleted at 9,30 a.a.
• the city is divided into districts so that each plow Operator is faailiar with certtio harards sad road caditiou in his "signed
area. biter the eurgeacy roads are plowed, one plot trick equipped with a wiq will begin plowing the north side of the city,
one plow tract will begin piw* at the tint arena area, ate plow track nli befit plowing at ukesood hive, Xe Trader will
begta tort at the lorleosem Addition, and cane Trader will begil in Cliftaa leiThts, with all egalpunt Working towards the cater
of tan.
Me 314 too plow truck does Belawue, Florida, IWO ad Gager Streets
It 4:00 a.a. the city's frost -ad lower MOW with a snowblower sad four not hatliag tracts begin racrinq wow is tie
dmtm business district or those streets when the scow ku been windrowed. These prxedues will begin at third Ire., ad
then in the folloriq order: Min Street, Ilsff Street, lighnT 17 Mat and lest, Tasiinitoo lye., grove Street ad Second Are.,
"d the balance of the buieess district is the cospleted.
The partig lots are cland by a frott-ead loader emenciq at 2,00 i.e. ad caspleted by 1,N a.a., with the saw being puked
into tke stmt ad pictw rap by tin dq tracks. Sae 104 taro are" deliluted for onraight pwtiq. flue area will be
cloud the following might, and those vehicles tkat sonally put io the overnight ara Fill be allowed to put in the cleaned
area for owe aight only.
In the event of a heavy stwfall or is the can of a sechanial breakdon of city trucks, priva a uperaars haalen at an call to
belp as needed.
Barns Tamar and the Iospital are plowed by trichOO 4 Tesplin CastnctiOc COWT 00 an hourly contract rate
SUB - ANALYSIS
FOR YOUR INFORMATION
0 Title Page
CHAPTER 7 STREETS AND SIDEWALKS GENERALLY 151
(THIS CHAPTER CONTAINS PROVISI
DEFINITIONS, APPLICATION AND SCOPE
CHAPTERS 8 AND 9 AS WELL AS THIS
Section 7.01 Definitions. . . . . . . . .
7.02 Application. . . .
7.03 Scope and Orders of Officers
)NS AS TO
RELATING TO
CHAPTER)
. . . . . . . 151
. . . . . . . 151
. . . . . . . 151
7.04 Traffic and Parking Control. . . . . . . . 151
7.05 Ice and Snow on Public Sidewalks 152
7.06 Construction and Reconstruction of
Roadway Surfacing, Sidewalk, Curb and
Gutter . . . . . . . . . . . . . . . . . . 153
7.07 Obstructions in Streets. . . . . . . . . . 154
7.08 Streets Openings or Excavations. . . . . . 155
7.09 Parades . . . . . . . . . . . . . . . . . . 157
7.10 Curb Set -Back . . . . . . . . . . . . . . . 158
7.11 Load Limits. . . . . . . . . . . . . . 158
7.12 Limiting Time of Railway - Street Crossing
Obstruction. . 159
7.13 Requirement of Sewer and Water Main
Service Lateral Installation . . . . . . . 159
7.14 Private Use of Public Streets and
Parking Lots . . . . . . . . . . . . . . . 159
7.15 Curb and Gutter, Street and Sidewalk
Painting or Coloring . . . . . . . . . . . 160
7.16 -7.29 Reserved
7.30 Bicycle Regulation . . . . . . 161
7.31 Sidewalk Maintenance and Repair. . . . . . 161
7.32 -7.98 Reserved
7.99 Violation a Misdemeanor or Petty
Misdemeanor . . . . . . . . . . . . . . . . 163
0
(7 -1 -89)
CHAPTER 7
STREETS AND SIDEWALKS GENERALLY
(THIS CHAPTER CONTAINS PROVISIONS AS TO DEFINITIONS,
APPLICATION AND SCOPE RELATING TO CHAPTERS
8 AND 9 AS WELL AS THIS CHAPTER)
SECTION 7.01. DEFINITIONS. Except as otherwise defined in
the City Code, or where the context clearly indictes a contrary
intent, the words and terms defined in Minnesota Statutes, Chapter
169, shall be applicable to City Code, Chapters 7, 8 and 9.
SEC. 7.02. APPLICATION. The provisions of City Code,
Chapters 7, 8 and 9, are applicable to the drivers of all vehicles
and animals upon streets, including, but not limited to, those
owned or operated by the United States, the State of Minnesota, or
any county, town, city, district, or other political subdivision.
SEC. 7.03. SCOPE AND ORDERS OF OFFICERS.
Subd. 1. Scope. The provisions of Chapters 7, 8 and 9
relate exclusively to the streets and alleys in the City, and the
operation and parking of vehicles refer exclusively to the
operation and parking of vehicles upon such streets and alleys.
Subd. 2. Orders of an Officer. It is a misdemeanor for
any person to willfully fail or refuse to comply with any lawful
order or direction of any police or peace officer invested by law
with authority to direct, control or regulate traffic.
SEC. 7.04. TRAFFIC AND PARKING CONTROL.
Subd. 1. Council Action. No device, sign or signal
shall be erected or maintained for traffic or parking control
unless the Council shall first have approved and directed the same,
except as otherwise provided in this Section; provided, that when
traffic and parking control is marked or sign - posted, such marking
or sign - posting shall attest to Council action thereon.
Subd. 2. Temporary Restrictions. The City, acting
through the Chief of Police, may temporarily restrict traffic or
parking for any private, public or experimental purpose. It is the
duty of the Chief of Police to so restrict traffic or parking when
a hazardous condition arises or is observed.
Subd. 3. Traffic Restrictions and Prohibitions. It is a
misdemeanor for any person to drive a vehicle contrary to lane
restrictions or prohibitions painted on any street, or contrary to
sign - posted, fenced, or barricaded restrictions or prohibitions.
Subd. 4. Parking Restrictions and Prohibitions. It is
unlawful for any person to park a vehicle, except an emergency
vehicle, contrary to lane restrictions or prohibitions painted on
151 (7 -1 -89)
5 7.04
any curb, or contrary to sign - posted, fenced, or barricaded
restrictions or prohibitions.
Subd. 5. Damaging or Moving markings. It is a
misdemeanor for any person to deface, mar, damage, move, remove, or
in any way tamper with any structure, work, material, equipment,
tools, sign, signal, barricade, fence, painting or appurtenance in
any street unless such person has written permission from the City
or is an agent, employee or contractor for the City, or other
?uthority having jurisdiction over a particular street, and acting
within the authority or scope of a contract with the City or such
other authority.
SEC. 7.05. ICE AND SNOW ON PUBLIC SIDEWALKS.
Subd. 1. Ice and Snow a Nuisance. All snow and ice
remaining upon public sidewalks is hereby declared to constitute a
public nuisance and shall be abated by the owner or tenant of the
abutting private property within twenty -four (24) hours after such
snow or ice has ceased to be deposited.
Subd. 2. City to Remove Snow and Ice. The City may
cause to be removed from all public sidewalks, beginning twenty-
four (24) hours after snow or ice has ceased to fall, all snow or
ice which may be discovered thereon, and it shall keep a record of
. the cost of such removal and the private property adjacent to which
such accumulations were found and removed.
Subd. 3. Cost of Removal to be Assessed. The City
Administrator shall, upon direction of the Council, and on receipt
of the information provided for in the preceding Subdivision,
extend the cost of such removal of snow or ice as a special
assessment against the lots or parcel of ground abutting on walks
which were cleared, and such special assessments shall at the time
of certifying taxes to the County Auditor be certified for
collection as other special assessments are certified and
collected.
Subd. 4. Civil Suit for Cost of Removal. The City
Administrator shall, in the alternative, upon direction of the
Council, bring suit in a court of competent jurisdiction to recover
from the persons owning land adjacent to which sidewalks were
cleared, as provided in Subdivision 2 hereof, the cost of such
clearing and the cost and disbursement of a civil action therefor.
Subd. 5. City Administrator to Report Sidewalks Cleared.
The City Administrator shall present to the Council at its first
meeting after snow or ice has been cleared from the sidewalks as
provided in Subdivision 2 hereof the report of the City thereon,
and shall request the Council to determine by resolution the manner
of collection to be used as provided in Subdivisions 3 or 4 of this
Section.
152 (7 -1 -89)
S 7.06
SEC. 7.06. CONSTRUCTION AND RECONSTRUCTION OF ROADWAY
SURFACING, SIDEWALK, CURB AND GUTTER.
Subd. 1. Methods of Procedure.
A. Abutting or affected property owners may
contract for, construct or reconstruct roadway surfacing, sidewalk
or curb and gutter in accordance with this Section if advance
payment is made therefor or arrangements for payment considered
adequate by the City are completed in advance.
B. With or without petition by the methods set
forth in the Local Improvement Code of Minnesota Statutes,
presently beginning with Section 429.011, as the same may from time
to time be amended.
Subd. 2. Periit Required. It is a misdemeanor to
construct or reconstruct a sidewalk, curb and gutter, driveway, or
roadway surfacing in any street or other public property in the
City without a permit in writing from the City Administrator.
Application for such permit shall be made on forms approved and
provided by the City and shall sufficiently describe the
contemplated improvements, the contemplated date of- beginning of
work, and the length of time required to complete the same,
provided, that no permit shall be required for any such improvement
ordered installed by the Council. All applications shall be
referred by the City Administrator to the City Engineer and no
permit shall be issued until approval has been received from the
City Engineer. All such applications shall contain an agreement by
the applicant to be bound by this Chapter and plans and
specifications consistent with the provisions of this Chapter and
good engineering practices shall also accompany the application. A
permit from the City shall not relieve the holder from damages to
the person or property of another caused by such work.
Subd. 3. Specifications and Standards. All construction
and reconstruction of roadway surfacing, sidewalk and curb and
gutter improvements, including curb cuts, shall be strictly in
accordance with specifications and standards on file in the office
of the City Administrator and open to inspection and copying there.
Such specifications and standards may be amended from time to time
by the City, but shall be uniformly enforced.
Subd. 4. Inspection. The City Engineer shall inspect
such improvements as deemed necessary or advisable. Any work not
done according to the applicable specifications and standards shall
be removed and corrected at the expense of the permit holder. Any
work done hereunder may be stopped by the City Engineer if found to
be unsatisfactory or not in accordance with the specifications and
standards, but this shall not place a continuing burden upon the
City to inspect or supervise such work.
0
153 (7 -1 -89)
SEC. 7.07. OBSTRUCTIONS IN STREETS.
4 7.07
Subd. 1. obstructions. It is a misdemeanor for any
person to place, deposit, display or offer for sale, any fence,
goods or other obstructions upon, over, across or under any street
without first having obtained a written permit from the Council,
and then only in compliance in all respects with the terms and
conditions of such permit, and taking precautionary measures for
the protection of the public. An electrical cord or device of any
kind is hereby included, but not by way of limitation, within the
definition of an obstruction.
Subd. 2. Fires. it is a misdemeanor for any person to
build or maintain a fire upon a street.
Subd. 3. Dumping in Streets. It is a misdemeanor for
any person to throw or deposit in any street any nails, dirt, glass
or glassware, cans, discarded cloth or clothing, metal scraps,
garbage, leaves, grass or tree limbs, paper or paper products,
shreds or rubbish, oil, grease or other petroleum products, or to
empty any water containing salt or other injurious chemical
thereon. It is a violation of this Section to haul any such
material, inadequately enclosed or covered, thereby permitting the
;ame to fall upon streets. It is also a violation of this Section
o place or store any building materials or waste resulting from
building construction or demolition on any street without first
having obtained a written permit from the Council.
Subd. 4. Signs and Other Structures. It is a
misdemeanor for any person to place or maintain a sign,
advertisement, or other structure in any street without first
having obtained a written permit from the Council. In a district
zoned for commercial or industrial enterprises special permission
allowing an applicant to erect and maintain signs overhanging the
street may be granted upon such terms and conditions as may be set
forth in the zoning or construction provisions of the City Code.
Sidewalk.
Subd. 5. Placing Snow or Ice in a Roadway or on a
A. It is a misdemeanor
under a specific contract with the
permission from the City Administrator,
private property and place the same
sidewalk.
for any person, not acting
City or without special
to remove snow or ice from
in any roadway or on a
B. Where permission is granted by the City
Administrator the person to whom such permission is granted shall
be initially responsible for payment of all direct or indirect
costs of removing the snow or ice from the street or sidewalk. If
not paid, collection shall be by civil action or assessment against
the benefited property as any other special assessment.
154 (7 -1 -89)
5 7.07
Subd. 6. Continuing Violation. Each day that any person
continues in violation of this Section shall be a separate offense
and punishable as such.
Subd. 7. Condition. Before granting any permit under
any of the provisions of this Section, the Council may impose such
insurance or bonding conditions thereon as it, considering the
projected danger to public or private property or to persons, deems
proper for safeguarding such persons and property. Such insurance
or bond shall also protect the City from any suit, action or cause
of action arising by reason of such obstruction.
SEC. 7.08. STREET OPENINGS OR EXCAVATIONS.
Subd. 1. Unlawful Act. It is a misdemeanor for any
person, except (1) a City employee acting within the course and
scope of his employment, (2) a contractor acting within the course
and scope of a contract with the City, or (3) a franchisee acting
within the course and scope of its franchise from the City, to make
any excavation, opening or tunnel in, over, across or upon a street
or other public property without first having obtained a written
permit from the City Administrator as herein provided.
Subd. 2. Application. Application for a permit to make
a street excavation shall describe with reasonable particularity
the name and address of the applicant, the place, purpose and size
of the excavation, and such other information as may be necessary
or desirable to facilitate the investigation hereinafter provided
for, and shall be filed with the City Administrator.
Subd. 3. Investigation and Payment of Estimated Costs.
Upon receipt of such application, the City Engineer shall cause
such investigation to be made as he may deem necessary to determine
estimated cost of repair, such as back - filling, compacting,
resurfacing and replacement, and the conditions as to the time of
commencement of work, manner of procedure and time limitation upon
such excavation. The foregoing estimated costs shall include
permanent and temporary repairs due to weather or other conditions,
and the cost of such investigation shall be included in such
estimate. Payment of such estimated costs shall be made before the
permit is issued.
Subd. 4. Protection of the City and the Public.
A. Non - Completion or Abandonment. Work shall
progress expeditiously to completion in accordance with any time
limitation placed thereon so as to avoid unnecessary inconvenience
to the public. In the event that work is not performed in
accordance therewith, or shall cease or be abandoned without due
cause, the City may, after six hours notice in writing to the
155 (7 -1 -89)
5 7.08
• holder of the permit of its intention to do so, correct the work,
fill the excavation and repair the public property, and the cost
thereof shall be paid by the person holding the permit.
B. Insurance. Prior to commencement of the work
described in the application, the applicant shall furnish the City
satisfactory evidence in writing that the applicant will keep in
effect public liability insurance of not less than $100,000.00 for
any person, $300,000.00 for any occurrence and property damage
insurance of not less than $25,000.00, issued by an insurance
company authorized to do business in the State of Minnesota on
which the City is named as a co- insured.
C. Indemnification. Before issuance of a permit,
the applicant shall, in writing, agree to indemnify and hold the
City harmless from any liability for injury or damage arising out
of the action of the applicant in performance of the work, or any
expense whatsoever incurred by the City incident to a claim or
action brought or commenced by any person arising therefrom.
Subd. 5. Issuance of Permit. The City Engineer shall
issue such permit after (1) completion of such investigation, (2)
determination of all estimated costs as aforesaid, (3) agreement by
the applicant to the conditions of time and manner as aforesaid;
(4) agreement in writing by the applicant to pay all actual cost of
repairs over and above such estimate, and, (5) agreement in writing
by the applicant to be bound by all of the provisions of this
Section. No permit shall be issued until the applicant has paid
all of the foregoing together with such investigation, inspection
and permit fees as are fixed and determined by resolution of the
Council.
Subd. 6. Repairs. All temporary and permanent repairs,
including back - filling, compacting and resurfacing shall be the
responsibility of the applicant and shall be performed in
accordance with standards adopted by the City. In the event that
the applicant does not fulfill such responsibility, the work may be
performed, repaired or replaced by the City.
Subd. 7. Cost Adjustment. Within sixty days following
completion of such permanent repairs the City Engineer shall
determine actual costs of repairs, including cost of investigation,
and prepare and furnish to such permit holder an itemized statement
thereof and claim additional payment from, or make refund (without
interest) to, the permit holder, as the case may be.
Subd. 8. Alternate Method of Charging. In lieu of the
above provisions relating to cost and cost adjustment for street
openings, the City may charge on the basis of surface square feet
removed, excavated cubic feet, or a combination of surface square
• feet and excavated cubic feet, on an established unit price
uniformly charged.
156 (7 -1 -89)
5 7.09
SEC. 7.09. PARADES.
Subd. 1. Definition. The term "parade" means any
movement of vehicles, persons or animals, or any combination
thereof, which either moves together and as a body so as to in some
way impede or affect the free and unobstructed flow of vehicular or
pedestrian traffic, or which moves so that some part thereof is in
violation of one or more traffic laws or regulations, if such
movement is without a permit hereunder.
Subd. 2. Permit Required. It is unlawful to sponsor or
participate in a parade for which no permit has been obtained from
the City, and it is also unlawful to obtain a parade permit and not
conduct the same in accordance with the permit granted by the City.
Application for such permit shall be made to the City Administrator
at least twenty (20) days in advance of the date on which it is to
occur and shall state the sponsoring organization or individual,
the route, the length, the estimated time of commencement and
termination, the general composition, and such application shall be
executed by the individuals applying therefor or the duly
authorized agent or representative of the sponsoring organization.
Subd. 3. Investigation. The City Administrator shall
forthwith refer all applications for parades to the Chief of
Police, the City Engineer and the Street Superintendent for their
consideration which shall take no longer than seven (7) days. If
any State trunk highways are in the route the Chief of Police shall
make all necessary arrangements with the Minnesota Department of
Public Safety for alternate routes or whatever may be necessary.
If it is found that such a parade will not cause a hazard to
persons or property, and will cause no great inconvenience to the
public, and if arrangements for necessary direction and control of
traffic can be made, the Chief of Police, the City Engineer and the
Street Superintendent shall endorse their acceptances and return
the application to the City Administrator. If it is found that the
parade described in the application would be a hazard, a
substantial inconvenience, or if adequate arrangements for
direction or control of traffic cannot be made, the application
shall be returned to the City Administrator with such findings.
Subd. 4. Council Action. The City Administrator shall
refer the application and results of investigation to the Council
at its next regular meeting. The Council may either (1) deny the
permit, (2) grant the permit, or (3) grant the permit on condition
that a date, time or route are acceptable to applicant which differ
from such as stated in the application. Applicant shall have three
(3) days within which to communicate his acceptance to the City.
Subd. 5. Unlawful Acts.
A. It is unlawful for any person to hamper,
obstruct, or impede or interfere with any parade, parade assembly
or any person, animal or vehicle participating in the parade..
157 (7 -1 -89)
5 7.09
B. It is unlawful for any person to drive a vehicle
between the vehicles or persons comprising a parade when such
parade is in motion.
C. It is unlawful for any person to enter into a
parade without prior authorization from the parade chairman.
Subd. 6. Exceptions. This Section shall not apply to
(1) funeral processions, or (2) a governmental agency acting within
the scope of its functions.
SEC. 7.10. CORN SET -BACK.
Subd. 1. Permit Required. It is a misdemeanor for any
person to hereafter remove, or cause to be removed, any curb from
its position abutting upon the roadway to another position without
first making application to the Council and obtaining a permit
therefor.
Subd. 2. Agreement Required. No such permit shall be
issued until the applicant, and abutting landowner if other than
applicant, shall enter into a written agreement with the City
agreeing to pay all costs of constructing and maintaining such set-
back area in at least as good condition as the abutting roadway,
and further agreeing to demolish and remove such set -back and
reconstruct the area as was at the expense of the landowner, his
heirs or assigns if the area ever, in the Council's opinion becomes
a public hazard. Such agreement shall be recorded in the office of
the County Recorder, and shall run with the adjoining land.
Subd. 3. Sign - Posting. ANGLE PARKING ONLY signs shall
be purchased from the City and erected and maintained at the
expense of the adjoining landowner in all such set -back areas now
in use or hereafter constructed. It is unlawful for any person to
park other than at an angle in such set -back areas, as such angle
parking is herein described and allowed.
Subd. 4. Public Rights Preserved. Such set -back parking
areas shall be kept open for public parking and the abutting
landowner shall at no time acquire any special interest or control
of or in such areas.
SEC. 7.11. LOAD LIMITS. The City Administrator, upon the
recommendation of the City Engineer, may from time to time impose
upon vehicular traffic on any part or all of the streets such load
limits as may be necessary or desirable. Such limits, and the
specific extent or weight to which loads are limited, shall be
clearly and legibly sign - posted thereon. It is a misdemeanor for
any person to operate a vehicle on any street in violation of the
limitation so posted.
0
158 (7 -1 -89)
5 7.12
SEC. 7.12. LIMITING TIME OF RAILWAY - STREET CROSSING
OBSTRUCTION. It is a misdemeanor for any person operating or in
charge of a railroad train, car, engine, locomotive, or other
railroad equipment, or combination thereof, to so operate, park or
leave the same standing upon the railroad at its intersection with
a street, so as to prevent unobstructed vehicular traffic on such
street for a period longer than five (5) minutes.
SEC. 7.13. REQUIREMENT OF SEWER AND WATER MAIN SERVICE
LATERAL INSTALLATION.
Subd. 1. Requirement of Serer and Water Laterals. No
petition for the improvement of a street shall be considered by the
Council if such petition contemplates constructing therein any part
of a pavement or stablized base, or curb and gutter, unless all
sewer and water main installations shall have been made therein,
including the installation of service laterals to the curb, if the
area along such street will be served by such utilities installed
in the street.
Subd. 2. Sever System Service and Water Main Service
Laterals. No sewer system shall be hereaft -er - constructed or
extended unless service laterals to platted lots and frontage
facing thereon shall be extended simultaneously with construction
of mains.
Subd. 3. Waiver. The Council may waive the requirements
of this Section only if it finds the effects thereof are burdensome
and upon such notice and hearing as the Council may deem necessary
or proper.
SEC. 7.14. PRIVATE USE OF PUBLIC STREETS AND PARKING LOTS.
Subd. 1. Authority, Permission and Procedure. Upon an
application duly made to the City Administrator and reviewed and
recommended by the City Engineer, the Council may in its
discretion, grant special permission whereby on- street parking or
the use of City -owned parking lots or ramps or public sidewalks may
be temporarily or permanently prohibited or restricted for private
reasons and purposes (including, but not limited to, establishment
of private or 'leased" parking, "loading zones ", or benches) at
such places, on such terms and for such consideration as the
Council may deem just and equitable. In establishing the amount of
such consideration to be paid to the City, the Council shall
consider the amount of space, location thereof, if any, public
inconvenience, and hazards to persons or property. Upon complaint
of any aggrieved person at any time and by reason of any specific
special permission so granted, the Council shall at its next
regular meeting after receipt of such complaint, call a hearing
thereon to be held after ten days' notice in writing to applicant
and complainant and published notice at least ten days prior to
such hearing. After such hearing the Council shall by resolution
159 (7 -1 -89)
S 7.14
decide whether to terminate, continue or redefine the terms of such
permission and such decision shall be final and binding on all
persons directly or indirectly interested therein, except that the
Council may, on its own motion, reconsider the same.
Subd. 2. Public Vehicles. Free and reserved on- street
parking shall be limited to City -owned and operated vehicles.
Subd. 3. Forbidden Practices. It is unlawful for any
person to park or otherwise infringe upon a grant of right under
this Section, when clearly and distinctly marked or sign - posted.
It is unlawful for any person not granted such right to assert the
same, or for any grantee of such right to exceed the same under
claim thereto.
Subd. 4. Condition. Before granting any permit under
any of the provisions of this Section, the Council may impose such
insurance or bonding conditions thereon as it, considering the
projected danger to public or private property or to persons, deems
proper for safeguarding such persons and property. Such insurance
or bond shall also protect the City from any suit, action or cause
of action arising by reason thereof.
SEC. 7.15. CURB AND GUTTER, STREET AND SIDEWALK PAINTING OR
COLORING. It is unlawful for any person to paint, letter or color
any street, sidewalk or curb and gutter for advertising purposes,
or to paint or color any street, sidewalk or curb and gutter for
any purpose, except as the same may be done by City employees
acting within the course or scope of their employment. Provided,
however, that this provision shall not apply to uniformly coloring
concrete or other surfacing, or uniformly painted house numbers, as
such coloring may be approved by the City Administrator.
Source: City Code
Effective Date: 7 -1 -89
(Sections 7.16 through 7.29, inclusive, reserved for future
expansion.)
160 (7 -1 -89)
3 7.30
SEC. 7.30. BICYCLE REGULATION. •
Subd. 1. Definition. The term "bicycle", as used in
this Section, means every device propelled solely by human power
upon which any person may ride, having two tandem wheels except
scooters and similar devices, and including any device generally
recognized as a bicycle though equipped with two front or rear
wheels.
Subd. 2. Registration Required. It is unlawful for any
person to ride or operate a bicycle not registered with the
Minnesota Commissioner of Public Safety upon any street, sidewalk
or other public property.
SEC. 7.31. SIDEWALK MAINTENANCE AND REPAIR.
Subd. 1. Primary Responsibility. It is the primary
responsibility of the owner of property upon which there is
abutting any sidewalk to keep and maintain such sidewalk in safe
and serviceable condition.
Subd. 2. Construction, Reconstruction and Repair
Specifications. All construction, reconstruction or repair of
sidewalks shall be done in strict accordance with specifications on
file in the office of the City Administrator.
Subd. 3. Notice - No Emergency, where, in the opinion
of the City Engineer, no emergency exists, notice of the required
repair or reconstruction shall be given to the owner of the
abutting property. Such notice shall require completion of the
work within ninety (90) days, and shall be mailed to the owner or
owners shown to be such on the records of the County Officer who
mails tax statements.
Subd. 4. Notice - Emergency. where, in the opinion of
the City Engineer, an emergency exists, notice of the required
repair or reconstruction shall be given to the owner of the
abutting property. Such notice shall require completion of the
work within ten (10) days, and shall be mailed to the owner or
owners shown to be such on the records of the County Officer who
mails tax statements.
Subd. 5. Failure of Owner to Reconstruct or Make
Repairs. If the owner of the abutting property fails to make
repairs or accomplish reconstruction as herein required, the City
Engineer shall report such failure to the Council and the Council
may order such work to be done under its direction and the cost
thereof assessed to the abutting property owner as any other
special assessment.
161 (7 -1 -89)
S 7. 31
Subd. 6. Inspection. The City Engineer shall make such
inspections as are necessary to determine that sidewalks are kept
in safe and serviceable condition.
Source: City Code
Effective Date: 7 -1 -89
(Sections 7.32 through 7.98, inclusive, reserved for future
expansion.)
U
0
162 (7 -1 -89)
§ 7.99
SEC. 7.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR.
Every person violates a section, subdivision, paragraph or
provision of this Chapter when he performs an act thereby
prohibited or declared unlawful, or fails to act when such failure
is thereby prohibited or declared unlawful, and upon conviction
thereof, shall be punished as follows:
Subd. 1. where the specific section, subdivision,
paragraph or provision specifically makes violation a misdemeanor,
he shall be punished as for a misdemeanor; where a violation is
committed in a manner or under circumstances so as to endanger or
be likely to endanger any person or property, he shall be punished
as for a misdemeanor; where he stands convicted of violation of any
provision of this Chapter, exclusive of violations relating to the
standing or parking of an unattended vehicle, within the immediate
preceding 12 -month period for the third or subsequent time, he
shall be punished as for a misdemeanor.
Subd. 2. As to any violation not constituting a
misdemeanor under the provisions of Subdivision 1 hereof, he shall
be punished as for a petty misdemeanor.
Source: City Code
Effective Date: 7 -1 -89
163 (7 -1 -89)