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cp08-12-2003 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 12, 3003 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION -Rev. Jon Lindekugel, Christ the King Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. MINUTES (a) REGULAR MEETING OF 7ULY 22, 2003 (b) B1D OPENING FROM AUGUST 5, 2003 (c) BID OPENING FROM AUGUST ] 1, 2003 Action -Motion to approve as presented 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR JUNE 2003 2, BUII.,DING DEPARTMENT MONTHLY REPORT FOR JULY 2003 3. HUTCHINSON AREA HEALTH CARE FINANCIAL REFORT FOR JUNE 2003 4. HUTCHIlVSON UTIL]TIES COMMISSION FINANCIAL REPORT FOR JUNE 2003 (b) RESOLUTIONS ANb ORDINANCES 1. CONSIDERATION OF ORDINANCE N0.03-349 -ENTERING INTO A FRANCHISE AGREEMENT WITH NOOK AND CRANNY FOR THE RIGHT TO OUTAOOR DISPLAY OVER AND ABOVE CERTAIN PROPERTY LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 34 MAIN STREET NORTH (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 12, 200.3) 2. CONSIDERATION OF ORDINANCE N0.03-351- AN ORDINANCE ADOPTING THE 2003 EDITION OF THE MINNESOTA STATE FIRE CODE, REGULATING AND GOVERNING TI3E SAFE GUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY FOR BUILDINGS AND PREMISES IN THE HAZARDOUS OPERAT QN5 (SECOND READING ANDIADOFTIpN) F PERMITS FOR 3. CONSIDERATION OF ORDINANCE NO. 03-352 - AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE 02-308 REGULATING TIlE LICENSING OF EXCAVATORS (SECOND READING AND ADOPTION) 4. RESOLUTION NO. 12234 - A RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY 5. RESOLUTION NO. 12238 -RESOLUTION FOR PURCHASE (c) CONSIDERATION FOR APPROVAL OF AWARDING BID FOR ROBERTS PARK PARKING CITY COUNCIL AGENDA -AUGUST 12, 2003 LOT IMPROVEMENTS • (d) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR MARION GRAHAM TO THE WASTEWATER LAB EXAM WORKSFIOP FROM SEPTEMBER 19 - 28, 2003 (e) CONSIDERATION FOR APPROVAL OF OUT-OF-STATE TRAVEL FOR BARRY GRENE TO ATTEND CODE HEARINGS IN NASHVILLE, TENNESSE, THE WEEK OF SEPTEMBER 7, 2003 (~ CONSIDERATION FOR APPROVAL OF LOT SPLIT REQUESTED BY RTM RESTAURANT GROUP FOR CONSTRUCTION OF AN ARBY'S RESTAURANT LOCATEA AT 1340 HWY 15 SOUTH (g) CONSIDERATION FOR APPROVAL OF GAMBLING LICENSE FOR HUTCHINSON HOCKEY ASSOCIATION (SECOND LOCATION) (h) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR DUCKS UNLIMITED ON SEPTEMBER 2, 2003, AT CROW RIVER COUNTRY CLUB (i) CONSIDERATION FOR APPROVAL OF DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT AND SETTING REVISED HEARING DATE FOR PROPOSED ASSESSMENT ON ASSESSMENT ROLL NO. 5064 & ~, 5064, LETTING NO. 5, PROJECT N0.03-12 & 03-19 (j) CONSIDERATION FOR APPROVAL OF ACCEPTING BID AND AWARDING CONTRACT ON LETTIlVG NO. 13, PROJECT N0.03-15 & 03-23 Action -Motion to approvc consent agenda 6. PUBLIC HEARiNG5 - 6:00 P.M. (a) SOUTH FORK CROW RIVER SHORE LAND HABITAT PROJECT Action -Motion to reject -Motion to approve (b) ~O~ S~~ISb~IIvITENT 0 SI~CIAIL SERVICE DISTRICT NO~ A VEFIRSTREADIN AND SFT SECOND READING AND ADOPTION FOR A UGUST 26, 2003) Action -Motion to reject -Motion to approve 7. COMMUNICATIONS RE UEST5 AND PETITIONS 8. UNFINISHED EUSINESS (a) CONSIDERATION OF ORDINANCE NO. 03-347 AN ORDINANCE AMENDING SECTIONS 3 AND 7 OF SECTION 12 OF THE HUTCHINSON ZONING ORDINANCE ADDING DEFINITION OF RESIDENTIAL DOG KENNEL AND REGULATION OF PLACEMENT OF RESIDENTIAL DOG KENNELS IN YARDS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVEFIRSTREADTNGAN0 SET SECOND READINGANDADOPTION CITY COUNCIL AGENDA -AUGUST 12, 2003 FOR ACIGUST 26, 203) . Action -Motion to reject -Motion to approve 9. NEW BUSINESS (a) UPDATE ON HUTCHINSON LIQUOR STORE Action - ~) SUBMIIIT'T D BY HUTOCHINSON HOLDINGSL CPLAT TO BE KNOWN AS SOUTHWII~ID Action -Motion to reject -Motion io approve (c) CONSIDERATION FOR APPROVAL OF FILLING OPEN PUBLIC WORKS POSITIONS Action -Motion to reject -Motion to approve (d) CONSIDERATION FOR APPROVAL OF PURCHASE AGREEMENT FOR fi1DUSTRIAL PARK LAND Action _ Motion to reject -Motion to approve (e) CONSIDERATION FOR APPROVAL OF CALLING FOR PUBLIC HEARING ON SENIOR HOUSING PROJECT AND THE PROPOSED 155UANCE OF REFUNDING REVENUE BONDS Action -Motion to reject -Motion to approve (~ MEYERS FOR AOLTDITING SER4 CES T4 ACCEPT PROPOSAL OF ABDO ABAO E1CK & Action -Motion to reject -Motion to approve (g) LIOCENIDSE VIO OATION ~PROVAL OF SETTING HEARING DATE FOR WAI.MART LIQUOR Action -Motion to reject -Motion to approve ]U. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS APPROPRIATIONS ANA CONTRACT PAXMENTS (a) VERIFIED CLAIMS A Action -Motion to approve and authorize payment of Verified Claims A from appropriate funds (b) VERIFIED CLAIMS B Action -Motion to approve and authorize payment of Verified Claims B from appropriate funds 12. ADJOURN • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 22, 2003 1. CALL TO ORDER -- 5:30 P.M. Mayor Mar m orgerson c e the meeting to order. Members present were Tim Haugen, Duane Hoversten, Kay Peterson and Bil] Arndt. Others present were Gary Plolz, City Administrator, Marc Sebora, City Attorney and John Rodeberg, Director of Engmeering/Pubhc Works 2. 1NVOCATION -Pastor Christine, Faith Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE PRESENTATION BY THE IIUTCHINSON LEGION AND VFW TO DESIGNATE THE CITY OF HUTCHINSON AS A COMMEMORATIVE CITY FOR THE KOREAN WAR VETERANS 4. MINUTF,S (a) REGULAR MEETING OF JULY 8, 2003 (b) BID OPENING FROM NLY ] 5, 2003 (c) BID OPENING FROM JULY 18, 2003 The bid opening minutes from July ] 8, 2003, need to be revised to strike out the last bid listed (Wm. Mueller & Sons) as it was included erroneously. The remainder of the minutes were approved as . presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MEETING OF JUNE 17, 2003 2. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM JUNE 17, 2003 3. CITY OF HUTCHINSON INVESTMENT REPORT FOR TUNE 2003 4. CITY OF HUTCHINSON GENERAL FUND FINANCIAL. REPORT FOR JUNE 2003 5. CITY OF HLITCHINSON WATER/SEWER/1tEFUSE REPORT FOR JUNE 2003 6. IIUTCHINSON HOUSING AND REDEVLOPMENT AUTHORITY BOARD MEETING MINUTES OF APRIL ] 5 AND JUNE 19, 2003 7. P10NEERLAND LJBRARY SYSTEM REVENUE AND EXPENDITURE REPORT OF MAY 31, 2003 8. BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2003 9. PARKS, RECREATION & COMMUNITY EDUCATION BOARD MINUTES FROM JUNE 2, 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 03-3A8 - ENTERING INTO FRANCHISE AGREEMENT WITH ~a~ CITY COUNCIL MINUTES - NLY 22, 2003 . HUTCHINSON AREA UNITEA WAY FOR TEMPORARY SIGN (SECOND READING AND ADOPTION) 2. ORDINANCE N0.03-350 - AN ORDINANCE QUIT CLAIMING ANY INTEREST THE CTI'Y OF HUTCHINSON MAY HAVE IN REAL ESTATE LOCATED BY MARVIN HACKBARTH, ET AL, SECTION 5, HASSAN VALLEY TOWNSHIP (SECOND READING AND ADOPTION) 3. RESOLUTION NO. 12228 -RESOLUTION TO SELL UNCLAIMED PROPERTY AT AUCTION 4 EQUIPMENT DECOLARED UNUSABLEUBYOTHE CITY LL AT AUCTION COMPUTER 5. RESOLUTION NO. 12232 -RESOLUTION SPECIFYING THE USES OF ROTARY PARK PURSUANT TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES PARK GRANT PROGRAM 6. RESOLUTION N0.12233 -RESOLUTION SETTING INTEREST RATE FOR 2003 ADOPTED ASSESSMENT ROLLS (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A VARIANCE REQUESTED BY SAM SCROLL, PROPERTY OWNER, TO REDUCE FRONT YARD SETBACK FROM 30 FEET TO 25 FEET FOR THE CONSTRUCTION OF A ROOF OVER THE EXISTING ENTRANCE LOCATED AT 712 RE OM SDNDATIO~ADOPTORESOLU ION NO. 1ME2211F7~~ATION AND FAVORABLE • 2. CONSIDERATION OF A CbNAITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD, TO CONSTRUCT AN 118' X 102' POLE TYPE STORAGE WAREHOUSE ON PRD1k~RTY LOCATED IN THE UC (INDUSTRIAIJCOMMERCL4L) DISTRICT AT 320 - 3 AVENUE N1~V WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION N0.12218) 3. CONSIDERATION OF A CbNDITIbNAL USE PERMIT REQUESTED BY .NNE INSELMANN, PROPERTY OWNER, TO CONSTRUCT A RETAINING WALL WITHIN THE EASEMENT LOCATED AT 725 SOUTHVffiW DRNE SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12219) 4. ST0,4FF~IhECOMMENDATIONPANDT~AVORABLE RE OMMENDOODONE (ADOPT RESOLUTION NO. 12221) (d) LETTING NO. 5/PR07ECT N0.03-12/03-19 (EDMONTON & JEFFERSON/TH 7 FRONTAGE ROAD) SAP 133-131-01/]33-117-12) RESOLUTION NO. ]2225 ACCEPTING BD7 AND AWARDING CONTRACT (e) FRONTAG ROAD SAP 13 ~310O1 133-101712) RESOLi TION NO. ~ 226 DEC FLARING COST TO EE ASSE55ED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT AND RESOLUTION NO. 12227 FOR HEARING ON PROPOSED ASSESSMENT (I) CONSIDERATION FOR APPROVAL OF ANNUAL EXCAVATOR LICENSES (g) CONSIDERATION OF APPOINTMENT OF BECKY FELLING TO THE IIUTCHINSON 2 ~~~a> CITY COUNCIL MINUTES -JULY 22, 2003 . REDEVELOPMENT AUTHORITY BOARD (h) CONSIDERATION FOR APPROVAL TO ENHANCE HUTCHINSON POLICE SERVICES FIltBARM PROGRAM (~) MALTINLIQ OR LICE~SE OR HUTCHINSONOJAYCEE ON JULY 30, 2003, AT WESTARIVER PARK ~) LIOCENINSE OR MCLEOOD COUNTX FOAIlt BOARD FROM AUGUST 1~5C 19, 2003~AT MICLEOD COUNTY FAIRGROUNDS ~) LAMPLIGHTER LOUNGE A ROYAL OF SUNDAY INTOXICATING LIQUOR LICENSE FOR Item 5(f) was pulled for further discussion. Motion by Peterson, second by Haugen, to approve consent agenda with the exception of Item 5(f). Motion carried unanimously. Item 5(~ had further discussion. Marc Sebara, City Attorney, explained that there have been various issues related to the licensing of excavators as regulated by Ordinance No. 02-308. Mr. Sebora has drafted a revised ordinance chat does not require an excavator license but still requires an excavator to obtain a permit, with restrictions on those permits, such as if they would have . multiple permit violations. Marc Sebora suggested that no excavator licenses be issued until this revised ordinance is adopted and that refunds be issued to those that submitted license application fees. Motion by Peterson, second by Hoversten, to waive first reading and set second reading and adoption of Ordinance No. 03-352 for August ] 2, 2003, including suspending the license application process until the second reading of the ordinance. ]t was noted that staff does have the ability to deny permits currently. Motion carried unanimously. 6. PUBLIC HEARINGS - 6:DD P.M. (a) LETTING N0.02, PROJECT N0.03-02 (PLAZA 15 ACCESS AND SAFETY IMPROVEMENTS) - pRDERING IMPROVEMENT AND PREPARATION OF PLANS AND APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS John Rodebcrg, Director of Engineering/Pubiic Works, presented before the Council. Mr. Rodeberg explained that this project actually contains numerous small projects, which include safety enhancements, handicap accessibility enhancements, adding parking spaces, and constructing sidewalk connections. Theapproxrmateprojectcostis$105,000. The assessments will be split inhalfbetween the hospital and the Event Center. Motion by Hoversten, second by Peterson, to close public hearing. Motion canned unanimously. Motion by Hoversten, sccond by Arndt, to order improvement and preparation of plans and approve . plans and specifications and order advertisement for bids on Letting No. 2, ProjeciNo. 03-02. Motion carned unanimously. 3 ~~ ~~~ CITY COUNCIL MINUTES -JULY 22, 2003 • (b) CONSIDERATION OF ORDINANCE N0.03-349 - ENTERING 1NT0 A FRANCHISE AGREEMENT WITH NOOK AND CRANNY FOR THE RIGHT TO OUTDOOR DISPLAY OVER MA STREET NORTH (WAOIVE FIRS READIN AND 6T SECONDGHREADING AND T 34 ADOPTION FOR AUGUST 12, 2003) Julie Wischnack, Director of Planning/ZoningBuilding, presented before the Council. Ms. Wischnack explained that this is the formal process Tor a business to acquire the right to use public right-of--way. Motion by Arndt, second by Peterson, to close public hearing. Motion carried unanimously. It was suggested that a $25.D0 franchise fee be required for the franchise. Motion by Arndt, second by Hoversten, to waive first reading and set second reading and adoption of Ordinance Nv. 03-349 for August ]2, 2003, and set franclse fee at $25.00. Motion carried unanimously. 7. COMMUNICATIONS RE VESTS AND PETITIONS (a) STAFFING TION BY DAVE ERLANDSON, ACTING POLICE CHIEF, REGARDING POLICE Lt. David Erlandson explained-that staff and Council had requested that he present current staffing issues in the police department. Currently, the police department has three positions that have not been filled due io budget restraints. They include afull-nine police officer, a part-lime police officer and a community service officer. In addition, the police chief retired May 1, 2003, and Sgt. Chuck . Jones will be retiring Se t. 1, 2003. Ll. Erlandson covered public expectations of the police department, current staff ng of support personnel, the core of the organization which includes Communacatio»s and Patrol. Lt. Erlandson expressed that he felt current stafflevels are minimum for the organization. Lt. Erlandson also reviewed other stress factors that contribute to staffing and scheduling. The lieutenant reviewed how the department has been coping with the stalling levels. Lt. Erlandson recommended the solutions to current staffing problems, which include being able to fill the part-time officer position, fill the position of retiring Sgt. Chuck ]ones, place temporary part-time officer at the hospilal and decide future of remaining vacant positions. Gary Plotz noted that several of these items were decided to move Forward on at the Police Commission meeting. Other items that require Council action will be discussed during the budgetary process. Marc Sebora also noted that Hutchinson is a regional center, which places extra demands on Hutchinson's police officers. Gary Plotz further noted that the original plan when Steve Madson retired, was to begin the selection process of a new police chief in September with a start date of January 1, 2D04. The Police Commission will be intensely involved in that process. However there will need to be administrative decisions made to help direct the Police Commission. (b) DISCUSSION OF ELECTRICAL INSPECTION FUNCTION BY THE CITY OF HUTCHINSON Brad Emans, Fire Chief, presented before the Council. Mr. Emans explained that city directors had been brainstorming ways to increase revenue for the City of Hutchinson. Mr. Emans is offering the services of the fire department to perform electrical inspections for the City as opposed to the stale conducting them. By bringm~ the electrical inspections m-house, it would generate appproximately $35,000/year. Mr. Emans did note that if the fire department takes on this responsibility, be may very well be in front of the Council in the future asking for additional personnel. This endeavor could be ready in March 2004. Mayor Torgerson stated that this item will be considered during the 4 u~~~ CITY COUNCIL MINUTES - NLY 22, 2003 • budgetary process for 2004. However, the Council did inform. him that they should probably begin the process of getting the appropriate person licensed. 8. UNFINISHEb BUSINESS (a) CM IVT~EIVRANCEOPERATION POSITIONS CLASSIFICATION OF PUBLIC WORKS Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that three positions are being proposed for reclassifcation, with reclassifying them to Grade 3 positrons. Motion by Arndt, second by Haugen, to approve reclassification of water/wastewater maintenattce positions. Motion carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF ORDINANCE NO. 03-351 ADOPTING THE 2003 EDTI'ION OF THE MINNESOTA STATE FIItE CODE, REGULATING AND GOVERNING THE SAFE GUARDING OF LLFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUESTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO L1FE OR PROPERTY IN THE OCCUPANCY FOR EUILDINGS AND PREMISES IN THE CITY OF HU'ICHINSON; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS OPERATIONS (WAIVE FIRST READING AND SET SECOND READING AND AD~PTIpN FOR AUGUST 72, 1003) Jim Popp, Fire Administrative Officer, presented before the Council. Mr. Popp explained that this code is a state code and when adopted by ordinance, he is able to enforce it. Motion by Hauggen, second by Hoversten, to waive first reading and set second reading and adoption of Ordinance No. 03-351 for August 12, 2003. Motion canted unanimously. (b) CONSIDERATION OF ORDINANCE NO. 03-347 AN ORDINANCE AMENDING SECTIONS 3 AND 7 OF SECTION 12 OF THE HUTCHINSON ZONING ORDINANCE ADDING DEFliVI1'ION OF RESIDENTIAL DOG KENNEL AND REGULATION OF PLACEMENT OF RESIDENTIAL DOG KENNELS IN YARDS WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (WAIVE FIRSTREADING AND SET SECOND READING AND ADOPTION FOR AUGUST 72, 2003) 7ulie Wischnack, Director of Planning/ZoningBuilding, presented before the Council. Ms. Wischnack explained that there has been much discussion amongst the Planning Commission regarding this ordinance. At the last Planning Commission meeting, the vote was 4-3 to adopt this ordinance. The proposed ordinance would be allow for up to 3 dogs over six months of age and that the kennels are allowed on an lot of residence and must be placed in the rear yard located behind the housed. The kennels must also be placed on a cement slab ]0 feet or more from the rear and side property line. Mayor Torgerson raised concerns regarding certain lots that have very limited rear yard setbacks. Duane Hoversten and Kay Peterson stated that they would like to hear mare public input before enacting upon this ordinance. Weston Scott, presented before the Council. Mr. Scott explained that he feels drat if there are a majority of lots that are inadequate for a kennel, then there may be more free animals roaming outside of a kennel. $randon Fraser, presented before the Council. Mr. Fraser stated that the proposed ordinance is more to aid in setback requirements in relation to runoff of animal urine and feces. . Jim Popp presented before the Council. Mr. Popp raised an issue of incurring more rules for enforcement Issues. He brought up examples such as requiring cement slabs. He personally would 5 yc~~ CITY COUNCIL MINUTES - 7UI,Y 22, 2003 • not be able to have a cement slab because there is a gas line underneath his current dog kennel, so he raised the question of whether he would have to relocate the kennel. Barry Greive, Building Official, presented before the Council. Mr. Greive did note that It would be difficult to enforce this ordinance. He did note that current ordurances are enforced, however, some of them are on a complaint-basis only. Ms. Wischnack noted that she has some sample nuisance ordinances that may be better written that Hutchinson's current nuisance ordinance. Motion by Hvversten, second by Arndt, to table this item to the August 12, 2003, Council meeting to receive more public input. Mohon tamed unanimously. REQ (c) RaMSRESTAURANT GROUP IF RNCONSTRUC ON OF ANTARBY'S ER STAURANT LOCATED AT 1340 HWY 15 S WITH UNFAVORABLE STAFF RECOMMENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUT10NN0. 12220) Julie Wischnack,Director ofPlanning/Zoning/Building, presentedbefore the Council. Ms. Wischnack explained that the only disagreement between staff and the Planning Commission is the issue of the location of the entrance and parking. Staff recommendation is to have angle parking and an in-only entrance. Planning Commission is recommending having 90 degree parking and in-only entrance. After discussion, it was stated that staffwould agree to the m-out entrance ifthe radius rs increased to allow more room to drive in. Iohn Bogart, Bogart & Associates, presented before the Council. Mr. Bogart explained that aone-way in entrance is acceptable to them, as well as increasing the radius to make it more easily accessible. Ms. W ischnack also noted that a revised resolution has been presented which now does not include the lot split. The lot split portion of the application will be presented at a future meeting. Motion by Hoversten, second by Arndt, to approve conditional use permit for RTM Restaurant Group to construct an Arby's Restaurant located at 1340 Hwy 15 South, with the condition that the radius be increassed at the entrance. Motion carried unanimously. (d) THE PRO FORMA REVENUE/BXPENSE FOR~THE MINNEA OL1S O GRANIC3 CONTRACTOR PHASEI Gary Plotz, City Administrator, presented before the Council. Mr. Plotz reminded the Council that Hutchinson had been awarded a contract with the City of Minneapolis to haul their orgganics. Mr. Plotz informed the Council that the actual contract was received by crtystaff late on ]uly 18 and was unable to be included in the Council packet fvr Council review. Mr. Plotz also informed the Council that staff, consultant and City Attorney have reviewed and it appears to cover all the bases necessary. A few items need to be clarfied and tt will be presented to the Council at the next meeting. The contract was written indicating that Hutchinson would be taking care of Minneapolis's leaves and a subcontractor taking care ofthe wood. Mr. Plotz voiced he has some concerns with Hutchinson being responsible for the wood subcontractor and the City may not take responsible for this portion. However, the advantage of being the general For the wood product rs that the operating costs are split in half. Mr. Plotz reviewed the pro forma for this contract tv illustrate the revenue generated firom this contract. The pro forma covered the ]eaves and the wood. To illustrate the amount of leaf product . being transported compares to 1167 trailer loads. Mr. Plotz stressed that this is a bestestimate of a net profit of approximately $91,000 in yardwaste. The estimate savings of Hutchinson being in charge of this pro]ect is approximately $150,000. Mr. Plotz reviewed the venous product lines that the compost ~ ca) CITY COUNCII. MINUTES -JULY 22, 2003 site is marketing. The majority of these products are delivered to customers over the winter months. The use of the walking floor trailers will be used all year long. Mr. Plotz informed the Council ofthe amount of research stafThad done on obtaining the appropriate, cost-effective type of truck. Mr. Plotz is requesting that the City purchase the trailers and have the private sector have the truck to pull the trarlers. Two bids were recewed and stafhis recommending the lower of the two bids with the total cost being $231,300.63, which includes three 53' walking floor trailers and one 48' walking floor trailer with a hitch. Council Member Hoversten recommended the purchase of four 53' walking floor trailers. Gary Plotz said he would consider and internally discuss the suggestion before place the order. Funding will be rovided by using a portion of the cash balance in the sewer/water/compost fund. It will take 45-60 days to acquire these trucks. Local truckers will be recruited to perform the hauling of the product. Mr. Plotz stated that there is a standard warranty on the trucks and there ~s a location in Minneapolis that services the trailers. Motion by Hoversten, second by Peterson, to approve awarding bid to purchase four walking floor trailers for compost site. Motion coined unanimously. (e) A~GU3JT 1~2, 2 03, ~T OOP.M. ATOC TY CENTER REGARDING COURRENT DEBTGAND FUTURE FUNAING NEEDS Motion by Hoversten, second by Arndt, to set Informational Meeting for August 12, 2003, at 4:00 p.m. to review current debt and future funding needs. Motion carried unantmously. 10. MISCELLANEOUS . (a) COMMUNICATIONS 1. CONSIDERATION FOR APPROVAL OF AWARDING HVAC REPLACEMENT BID TO HUTCHINSON PLUMBING AND HEATING, INC. Julie Wischnack, Director of Planning/Zoning/13uilding, presented before the Council. Ms. Wischnack explained that the funding will come out ofthe capital fund which have funds left over from the library bond. Motion by Arndt, second by Peterson, to approve awarding HVAG replacement bid to Hutchinson Plumbing and Heating, Inc. m the City library. Motion carried unanimously. 2. CONSIDERATION FOR APPROVAL OF MOTORIZED GOLF CART PERMIT Motion by Arndt, second by Peterson, to approve issuing motorized golf cart permit to Donald Tonsberg. Moiion carried unanimously. Jim Haugen - Mr. Haugen questioned whether or not there has been mosquito complaints. In addition, Mr. ~Iaugen asked whether or not a tern orary stop sign can be placed at the mtersecUon of Hwy 15 and 5' Avenue. Mr. Rodeberg explainerthat he has spoken to MnDOT about theplacement of a stop sign at the intersection ofHwy 15 and 5 Avenue and it has been determined that rt is not the solution as it would back up Main Street even more. Bill Arndt questioned whether or not the stop light at Main Street and 1g' Avenue can be timed differently. Mr. Rodeberg explained that cycling improvements are being evaluated. . Mr. Rodeberg commented that approximately $100,OD0 would need to be spent on spraying for mosquitos in the ponding areas, but would only decrease mosquitos in residents' backyard by about 25%. Mr. Rodeberg stated that m order to have s~gnrficant effect, spraying would need to be done on a ~~~~~ CITY COUNCIL MINUTES -JULY 22, 2003 . county level or a regional level. Mr. Rodeberg also informed the Council that the Jefferson Street project should be complete in a couple of weeks. The 2" /Dale ~trect project has been delayed due to rain. Gravel is being hauled in anal al] the pipe is in place on 2" Avenue. Hopefully by ]ate next week more grav~rl can be placed on 2" Avenue. Contractors are approximately one week behind schedule, however 2 Avenue should be complete by the start of school. Bil] Arndt questioned whether or not there is an ordinance that regulates the number of garage sales a residence has. Gary Plotz stated no, but they could look into it. Duane Hoversten noted that there is a truck that parks on Michigan Street and leaves it running all night, which creates a nuisance for the residents that live across the street. Mr. Rodeberg stated he would check into ways io work with this situation. Duane Hoversten also noted that Joel Kraft has served his second term on the HRA Board and will be retiring. Mr. Hoversten publicly thanked Mr. Kraft for his service. Gary Plotz noted that he, the Mayor, Duane Hoversten, Randy DeVries and John Rodeberg will be visiting a reverse osmosis plant this week in Michigan. It is being researched to compare to the plant that Hutchinson will be constructing. Mr. Plotz also informed the Council that a Wright County transfer Facility is available to store the product being hauled from Minneapolis and he has offered a very low price. He presented in front of the Wright County Board and they are strongly considering the City's offer. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS . (a) VERIFIED CLAIMS A Motion by Haugen, second by Peterson, to approve and authorize payment of Verified Claims A from appropriate funds. Motion carrred unanimously. 12. ADJOURN With no further business to discuss, the meeting adjourned at $:30 p.m. n LJ y(~ . MINUTES BID DPENING LETTING NO. 13/PROdECT N0.03-IS & 03-23 AUGUST 5, 2003 Present: Ken Merrill, Finance Director and Melissa Starke, Recorder. Ken Merrill, Finance Director called the bid opening to order at 10:02 a.m. Mr. Merrill dispensed with the reading of Publication No. 7069, Advertisement for Bids, Letting No. 13, Project No. 03-15 & 03-23. Mr. Merrill noted that the City Council reserves the right to reject all bids and to waive any informalities and irregulazities as signed by Gary D. Plotz. The fallowing bids were opened and read: Duininck Bros ]nc Frinsburg, Minnesota Bid Amouni $72.919.00 )uul Contracting Hutchinson, Minnesota Bid Amount 59$ ,545•_80 . The bids were referred to staff for review and a recommendation. The hid opening adjourned at 10:05 a.m. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator ~ ~~~ ]V(:INUTF.ti I31D OPENING ROBF,R'.I'8 PARK YARItiINC, I,O'.C ACIGUST I I, 2003 Present: Ca] Rice, Assistant City )~;ngineer, C)olf Moon, Director of Parks~Rect'eatiot>/Comnaunity Education, Lawrence Winter, Parks Coordinator artd Melissa Starke, Recorder. Cal Rice, Assistant City Engineer called the hid opening to order' at ] ] :0U a.tn. Mr. Rice dispensed wish the reading of Publication No. 7079, Advertisement for Bids, Roberts Park Puking Lot. The following bids were opened and read: Nielsen Blacktopping Bici Amount 7ordut, MN S(~:i SG3_UU Baucrly (:otztpanies Bid Amount Sauk Rapids, MN $48,687.00 U Duini~rck Bros. ittc. Bid Anrount Prinsburg, MN b48,842.8U f'he bid was refet'red to staff for review and a reconzmcndation. It. will he he.forc the City Council for consideration and awarding on August 12, 2003. The bid opening adjourned at 11:04 a m. Marlin l'orgcrson, Mayot Al"PEST: Gary D. Plotz, City Administrator y ~~:~ PK)NEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT JUNE 30, 2003 L J r] L HUTCHINSON REVENUE: UNRESERVED/gESIGNATED FOR WORKING CAPITAL CITY OPERATING CITY AUTOMATION COUNTY OPERATING COUNTY AUTOMATION CHARG•=5, FINE5 COPI£S (COPIER, FAX, COMPUTER) -GIFTS 800K SALES OTHER TOTALR£VENUES EXPENDITURES: SALARIES HEALTH INSURANCE HEALTH INSURANCE- DEDUCTIBLE PAYROLL TAXES BOOKS PERIODICALS VIgEOS TELEPHONE POSTAGE NEW EQUIPMENT MAINTE NANC£/CDNTRACTS SUPPLIES/PRINTING PRO MOTIONAUPROGRAMS/ADS INSURANCE(WORK COMP/CONTEN75/LIABILITY) PROFESSIONAL FEES (AUDIT) 800KKEEPI NG/OVER DU ES CONT £D/MTGS/MLGE SALES TAX AUTDMATION SERVICES TOTAL EXPENDITURES UNR£SERVED/DESIGNATED FOR WORKING CAPITAL M-T-D Y-T-q °k OF % OF AMOUNT AMOUNT BUDGET BUDGET YEAR O:DO 110,283.46 110,283.00 100.00% 50% 0.00 50,364.00 100,728.00 50.00% 50% 0.00 2,045.50 4,091.00 50.00% 50% 0.00 26,948.64 53,254.00 50.60°k 50% 0.00 1,113.50 2,227A0 50.00°h 50% 741.10 3,543.90 6,000.00 59.07% 50% 422.45 1,706.40 2,400.00 71.10% 5D°k 123.67 891.21 1.500.00 59.41% 5D°h 0.00 0.00 0.00 0.00°k 50% 42.95 483.86 600.00 80.66% 50% 1,330.17 197,580.57 281,083.00 70.22% 50°h -8,886.94 -53,984.51 -110,000.00 49.09°k 50% -2.20 -13.20 -54.00 24.44% 50°h 0.00 0.00 -0.00 0.00°k 50% -1,079.28 -6,536.49 -14,300.00 45.71°rb 50% -1,715.37 -13,646.98 -26,000.00 52.48°k 50°/a -104.21 -3,047.36 -4,326.00 70.44% 5D°k O.OD -14.35 -434.00 3.31 °k 50% -26.14 -170.79 -360.00 47.44°k SD°h 0.00 0.00 -200.00 0.00% 50°~ 0.00 0.00 -4,000.00 0.00°/a 50°h 0.00 0.00 -1,428.00 0.00% 50% -72.74 -605.29 -2,0$0.00 29.10% 50°h -13.00 -305.88 -636.00 48.09% 50°h 0,00 -1,318,19 -1,392.00 94.70% 50% 0.00 -93.61 -100.00 93.61°k 50% -309.56 -1,789.42 -3,359.00 53.27°k 50°k 0.00 -27.00 -444.00 6.08°k 50% 0.00 0.00 -190.00 0.00°k 50°,6 0.00 O.DO -6,318.00 0.00% 5D% -12,209.42 -81,563.07 175.621.OC 46.44% 50°h -10,879.25 115,817.50 105.462.00 -109.82°k 50% 51. ~~, 1~<<r°Ylaeiriurttlt vf'~'avl~•, sUw~ . 1 - P~E~1D~~Jl a;L E- ~ I1iPdi,LE 1 w.. N.i~~ .. _.._.. kF iC~(-PJ I Iu.L '~-'4~IIJF ._,..~ ; llx~iy i FESIL~EI=a7 L'-+.~~ ~ , If!G;-~~'~,~'~ .LPL+~w E G~~l~f'J I m ~k3~ •.. _._ _,,,,~~,~. ____ ~~-~tl~ 116 ip3 ~:EP„1ErJ? d~lA7"1R2K vC~ ~ ,~,,, ~45~ e ~~.® ..., _ P;1.~~,rl~'dC~ SI ~~ L rh1 [,~I~1'1f gC7d~J 1~15~ _. _.. _ _._ _ ,, , ,,,, , , P _ , alt_1J t~ ~~0 C,E~.:h'; 13 !ISM-~, `ahiED ~i ~_', ~6~E :~~f-,I Jr.LE~ P~~149NT __ "u ,- _ ....... ~ .., , ew, ..__ _,.. . ~~o~ ~~~~ ~~r~l~~ ~~ ~~i~r-~H~1.~ ~~''~~ ~~.7TN~~&~ NCJIh~ff~'S1l7Edrfl`9AL. 7 4341 f-.E~GC~E:=NV~9AL ~Y{~ME t~G~~7flTV~N~ _._ ~~3~ ~ I"~dQrJR~~lif3EhJ~rlq~ ~ ~J~J HC U;~~N~,~~ f_. w.. ~ 'Ihll~,.~C'~f~IIT'I V~`~, .~ _ 1,. .,, __ RF.SIC~Fh•JTIAL s?H.~AC;E A[-~D1TI("~N~ ., 1 T(~7AL E fLh9~;_ 1'M~3 !'1~dta~a~~ra:~; ,'aa~,~~:~'I'bUr~S fir! ~ r~~~a7t~`r ,~J~,r~asb~rr ~rf R~Fd~rrrbrra~ l~~arardts ~~rr~ ttr~ arr~,~th ~=: ~ ~0,i~i-J, ~ ~.~,_.. ~,OCJ Q.d~C1 ~~1.~pJ7 ~~,~~, ~rQ,[J1~J ~iO.C~~J ~.CJ~9 $~7.11CJ $l~e~C~ ~69'6,Ci~~.p~ ^1'l,7g5.~1~7 X34„2QfJ.i~~7 ~"~ ~934,~~~.~CJ ~1~7 ~~~J.Cb1<Y ~~3~~~7~~a,4€J.~-~ri ~'0' S5 AM Final HUTCHINSON AREA HEALTH CARE Statement o(R¢renues znd ExAenses Month antl Penrod Endetl June 30. 2003 CURRENT MONTH YERR-TO-OA7E YERR-TO-DATE Oren {Under] Budget Aver (Under) Budg e! VARIANCE °F. Revenue Actual BuCaet Dollars Percent Actual Budget Oo9a rs Percent June 2002 2003 es 2092 1 Ir paL ent re•: er ue $2 018.909 52644,1 fi5 5274 764 10 4 % $15.262.965 $15.966 206 [5703.241 ] ~ q% 513.520 926 17 q^.f, 2 Ou; pahena revenue 3,527219 3,574,390 [x47.171} <.0% 20460,095 22.362697 {7,922,6021 -86% t9,9gn 433 25l 3 Resident Revenue SE9.C60 650065 79.075 16.F°~ 3.336,115 2.975483 36D,t32 121% 3,005 ,188 110.0 d Total palie nUresider.l revenue $7,015 208 $6 8G8.5NJ 5206.648 3.0% $39 639,175 $6:.304.686 [$2,265,711 ] -5 5°; 536 470 ,541 ___ 7 0"5 Clis~cu~'s 5 Gwemn+enlal&Pn~icy Di_.,cunl 3,222.516 3.123.156 99,322 32Yo 17 717 888 18 594 952 [1 877] 063 -5 64 16222 693 103% 6 Aee Care 0 4.167 6.157 -100.0% . , 0 . . 25,090 , , {25,000) - -100.0% . 0 n!a 7 Total Cedugior GCm revenue $3222,516 53,127,361 $95.15$ 30% $17 717 888 $18 977 596 {$1088877) -1056% 516 222 693 10 3% 8 Ne!patrenGresitlenl revenue $3,792,892 53681.159 5111,693 3.0% . , $21,150.458 , , $22.327.292 {51,176,836) -53°.4 , E2i1.24] ,gd6 . 45% 9 O!her ope'a Prg revenues 73.354 ¢0,056 33,268 83 0% 355,803 240.593 525,21^ 52 Ok 120 ,951 202 4% 10 Ne; operat•nq revenue $3,865.056 53721295 5764,761 39% 521,516,261 $22,567865 [$1,051 624] -d 7°k 520 368 799 56°!, Expenses ~ , , -- -- - 11 Salanes $1,712.77[ 51,666,1 G1 $66670 281 $9885,536 59.843.564 $41,972 Oey gg 203 239 7.4k 12 Emdc.yee BeneRS 349562 427,859 [78,277} -183% 2.245,765 2548.452 [303,247) 1x 9'k 2239 529 034 13 Prniess.;;nal and Medical Fees 408.112 461 608 {33.495} -7 6% 2862,023 2,756.334 107,683 3 9% 2.094 012 36 7"k 1d Ulilil~e s, IA!nce Centrarts 8 Repairs 139.¢59 750,59< [11.135} -74 % 903,587 518.162 {16,555) -3 6% bt4 225 1111% 15 Eopr1. Drugs & Supplies 486 088 45.5,247 26,861 6 3 % 2.616,353 2,734,392 [11H 034] -0 33'n 2 956. 123 6.5'.4 16 O:her eapc nse :29668 129.-023 45 0-0°~ 765,025 769.120 [d p9d] -0.536 539. 030 19 756 17 Minr es~la Care 37,302 37,362 0 0.0% 222,634 223,616 (1,180] -Q S% 209, 564 G.2 :5 18 Batl de6l 68.969 98.691 [9.722) -9.9% 263,741 592.138 [328,337] -55.5% 378, 627 -303% 19 interest 39,716 62.839 (3.123] -73% 237,853 247,624 [9,971} -4.0% 237, 233 0.3'5 20 Oeareoalm'+ 145,484 159,672 {14.188] -89% 677,061 922,580 !51,5791 -5.6% 915, 626 -69% 21 Tonal exp°enses $3,534,951 53,0.79.338 [$74,385] -21% $20,673,459 521,554,860 ($661461] ?2°Io 419,187, 209 88°.5 E xce55 of net npera:ing revenue 22 over runCer}aperaLng expenses 533;,105 $111959 5219,166 195.7% $647,862 57,013,925 [$370223] -36.5°0 5`,[81, 590 -656% cnooeraenc Revenues ^ 23 Im~eslmer.l :nmme $13.635 522.500 {58.665) -355% $106,327 5135,000 {528.&737 -214% $125. 953 -157% 2q OIF C' ncneFera7ing revenue fret] 7,688 7,355 {268) -3.E% 46,270 41,907 4.363 1C 4 % 7 MO 525 3% 25 Fla za 15 .'r cnme!!Loss1 621 o CEO [74391 J2.3% qC,q 3o 86,356 [7.9191 -16.470 95, 133 -57 510 26 Tela norcpera!irq •eve~I. r, $21,544 537.915 [516,372) -4324 $192,836 5225,265 [532A29] -164% $226 396 -156"5 r"7 Nel Inron: r, 5352,549 $149.675 5202,774 135.3% $835,638 $1238,290 [$402,652] 325% $1409, 986 _ -607°~ .2fl Pa;irn[ days 968 868 60 E.6°E 5,115 5,304 [1891 -3 E% 6 911 d TY 29 Resident days 3,460 3,345 V5 364 20.256 20,326 1,70] -03°6 20 589 -'G% 3C• Fe: rent occupancy - 6udgel heds -Hospital 52 7°5 49.3% 3.3 % E.8 k 67.1 % 68.8% -1.7°,5 -3 E% a5 2°F n 2"'~ 31 Percent occupancy-nuCge[heCS-NUrsirg Nome 938".0 96.7.6 31°Io 3.64 91.0% 913% -G.3°ro -03°rc 92511 -'6".•~ 32 FTFs 6529 453.6 5.1 20C< 441.' 453E -''-20 -27°5 4 311 23"6 33 Rdniss~cns {adjusted]-Hospital on'y 578 562 [4] -G.6'.<. 3,192 3493 {302] -8 E% 3 429 -65TH 3q Expenses fnet]pen aCm-ssion !adjusteC]-F:.^sp•lal coin 5,042 5,212 11 TO] ?.3`>< 5„'89 5,178 211 41% 6, 612 t68% 35 Revem.iep_r aCmission {adlusleQ]-'+osp~lal only '1,059 '0,793 306 26`0 11.133 10.906 227 2t% 9. 699 14.0".4 35 Net Revenue per admissmn [acjus[edy-Hnsoi'al rnly 5.532 5465 +E6 3.0:4 5.640 5.52+ 126 22`.5 5 011] t"<fi'.k 31 L'~srrn;nls as a percent ar revenues •i5 9'.6 45 9% O. C'.6 0 G",5 45.8% 45.9`.6 -0 1 r -G i% 44.5:5 3 0'.6 33 F i E's per 100 ar.'m~saiens {adlusleC] - Hesp•lal pr P: 4 9 4 7 0 1 2 t °; 6 9 d.7 0 2 4 U% q.5 0 9%6 i R 79 pays r+fJ ~;•ACCwrls Recei•:a Ce 612 85.5 5.7 1p.3i'e 65l -114% 7 V i FINST'JN7 ~f Pam Larson C J ASSETS Current Assets 1 Cash an6 inveslmerls- OperaLons 2 Cash and irvves[menfs - SeN-Insured 3 Suh[clal cash 8 Inves!men[s 4 P21'enURes'deri receiva G'es 5 Allowances For had beets 5 Advances and contractual a'.Ipwanoes 7 Net pafientlresident and third-party 6 payer recevables 10 Other recervah'es-ne' 1 : Inve n!aries 12 Pre0aiG expenses 13 Tn!al Cur'nt Assets ' 6 Bca•d Desicna[edlF ended Derreciation Investmen's 15 InvpS[mPn[ in JOn: Ve nh_rPs Pla ~! Assets 16 land '7 Bwld ings 18 Amrm+llated dep'euahc~ 19 Build ngs less depre cia br.n ~Jili ~ n 56 atn . nal HUTCNI N SON AR EA H EALT N. CARE Comparati ve Bal2nce Sheet As of J une 30, 2003 fA) IB1 SA]-[B•} IA1 iB] fA; [8] JUNE 7J.AY JUNE Change JUNE MAY JUNE Change 2003 2003 2DC2 CY vs PY 2003 2003 2002 CY vs Uv LIABILITIES ANO FUND BALANCES Current Liahilifies $10650.1':3 $11,OB8.C93 58-161,103 2,509-010 Currern malur<77es of 1,012,936 961.553 532,81G x80.126 Lang term deb[ E1,118--743 5'.125,591 5750.556 368.183 $11563.049 $12.029646 58.673.913 2,989-136 AcrAUnts payable-trade 2.052-569 2-369,166 r.507,783 559785 Estimated conlradual 76,708,753 16,286,176 '6,592,841 115,322 setllemertts-net 1816775 1727,'•73 2-3x9,374 ;502559} {4,647 758} [4,603,750} [3,797,319} (856 439] Accrued expenses - (d,852 428} [4,772,375] [4,983,587} 171,159 Salaries 1,047,171 888,332 899.671 ta7,5C-0 PTO 1,370,880 1370,517 1273.803 97,877 57,247,977 56-910.011 57811.935 (563,958} In[erysl 460,884 365,06' 280.869 80035 Sell-Insured programs 617,561 613561 561,658 ?5903 291678 270520 x75,104 116.374 Other 148.259 142002 134,566 '3,6'.33 685,340 677 808 675,214 11,626 Deferred liahiti[ies 139,! 11 +34 946 145,120 f6 C^9? 989 253 265 055 118 752 135,227 Deferred revenue ^ ~ 646 D ^ , , , 14? 833 520 040 520 147 $17 454 928 687 905 2 Total Curren[ L~abib6es 88,781,893 58.761,993 $7 847.579 93?a15_ . , - , - , , , $15;183.210 $15 deg 795 $6596,138 8-765p72 5446p35 $399575 564,17`. 386256 b'.319,?88 E'.01g748 51 C19789 D 25 t 1~x,8D0 25.113 89n 26.: 1fi 255 (2--<55} ;11 cps 692] [11 899 160' i'0 917,100] f''.066 3421 Lana-term Geh[ fless urrerl Lt 4.'26358 Et x,276.610 516.799,155 (1.070.?97] r~a[uribes~ S22.e22."<84 522.619759 813383200 E?039,049 23 Egcipment 15489,811 15,468,292 1-0.635 360 858,651 21 Accumulated depreda'ior nt,831,763] {11.788.362) [10.866,066] 1995.717} 22 £quipmenl less dep'eaabpn 53,608,0-08 53-679-950 $3,745,316 [137,256} 23 Cash-wnstruction8 equ'pment D 0 0 ^ 24 Carstruction rn pro_rress 2,110,858 1,636,542 710,673 2-DDO 245 25 Tetal Plar:t Assess 820 867 652 820,548,890 520,074,87D 792,782 Fund balance Other Assets 26 Deterred financwn costs S'•D9.399 5709 554 375,619 32,780 L~ 27 Total Funds 557,029 X29 ESE,65e,856 $64,367 725 12,662,203 Total Funds ~r~ / l ` f W n NST RANT Pam Larsen $25,825752 525,473.102 823,136,948 2643.904_ $57.029 929 $56 654,854 $14.367,726 t 2[162 2C3 , ~ .. R ii. ' .. t , , r C;}~ 45'_~ET5 !1TI[..IT7 PE_ANT - AT CC:iI' fEiRECIAPLE LITiLI7Y F'[.AN ~~ TQTA!_ UTILITY Ft_AN~3" LES'S ACCU31iCILATED DEPRk:CIATI IN T[TfA[_ ACClitSLILATED I)EPRECIAT~;:Gi. i:ONBTIiE7CT FOPJ IN PROGRESS T09 AL f; k7N9TRl.ECTTtHJ IM PRDGRF55 TOTAL t1TILITY PLANT DEPREC VALUE: RESiRICfED FUNDS ,y ACCOEINTS FUTLYtE E?(1'ANSION t DEVEL.IF'tSF.N~ 2003 F'EFLRJDI;JG F4FJL _ BOND Rt 5ETiVE 2003 '.'OTAL RE5TRFCTE6 FI.INDS A ACCOIft?TS ~:LIRkEN'I & ACCRUED ASSETS CASH TN BFVQ[( ACCOUNTS RE:C£IVABLE ACCOUNTS RECEIVABLE - C7i:LE Rli.l_ING INr~~srraRlss PREPAID I_f.P3UY3ANE)E _ _ CLEARING RCCa11NT'~ 5A1.1-.5 TA% RECEIVABLE TOTAL CURRENT 6 ACF.'RUEb A55E_T5 DEF'.E~iED• CHARGE AgND DISCOlE1VT 2043 _ 7iJTAL DEFERRED CHARGE TOTAL A5~'TS Y_.. E SNF'ET 3f~~, 20f•).3 d09,41i.~4 70,E30.,924. E3 a ar x~ x FOTAt + ~ ~~ ~r _. - _ __ _. _ .__ _ 75.412, 336_kf L 25, 24i,485.2F-~) .. ___ __ _ ._ _ _ (25, 29L,48E .207 12 , 050.67') . R3 - __.___ 12,059.570. S:r 57,175,520_80 SS. 289,30 i.Ei7 _ ._ 4,f,0i,053.7F7 83L, 533,43 - __- - - - -- 20.721,89L.OE] 2,832,828.42 _ _ 2,351,393.39 ,816.17 __ ~.. .____ .. .-._ L, SS6,307. 41 .._ _. _ __ _-.. . _.____99, LLE3.02 _ G94, 607.79 _... ~ .. 7,730,043.87 _ _ _ _ _ _ d73, 12h.43 ..-_ _ _ .. .._ ___ - 673, 1.6.45. - - ~ . _ .. 85, ?.96, 562,:!0 E': ;I SH;'E?' -- --.___. _.___ __.__._ _. __ _. _. __-- ' MGNICIf~AL EGVIITY S !_]:RHILSTilES _- 15LRJICF.°Al_ E6a.3ITY _ _ 1iUN.f CI'r AL EQUITY -- _ - ~ ~ 4S,P2~r. 03?.47 ~~~--- - - -- ~(3NTR18LITED £RL:i~fY ' 5.;56]..00 ?. e.? llNAI =1'RCH'RIATED RE'GAINE'D r:AR:Ji N!:S ~ 5, 797, 56N.a7 TDTAL. MJNICiP'Af_ EQlIiTY -- _ _ - ~ - ~~ ~ - - - -~ ~ - -~--- A8, 683,6SF1.2:3 1_OhlC. TF~RM LIABILITIES-~h1F..:T fli Cl1FRENr HATURIT IEr ___-_ _. .. ____._.._ __ ' LASE VRYABLL-v .. ?x303 fi HL34D5 SEs.85c'.h'? 2002 HfaVDa ._ - 4._~3]G UC!1.4;; _. _ _ . - __.._ .___ _ . _ _ __ _ _ _. ' 'GC1'iAL LANG TF3tN LIAR71_IT7: E.~i :;5.725, VFSO.fdO ' 35; 7°..x3, B58.6~7 C47N8TR CCNiTSfACTS d ACC~f5 PAV F:~"GA 1~iV -- --- - ' TIDTAL COtdSGRUCTLOP! 4 ACCTS :'AV d0 .. CL3R}.'EN7 6 ACL'RIJED L7AFtIL ITI.'~-'.3 - __.. - _ _ _ ___ ' ' ACGCfIJM'GS PAYABLE i ~ 656,43(1.26 INTEREST ACCRUED R7, 026.Ci:3 ~4CCRLfED VACATIOti FAYq}3LF _ -- - - __ . _ .. .. __. _._. £ 9d, 975.:'43 ___ _ ___ .. _ _ ' ~ ACCRUED i'9EDICAL. FlP1Cf (ShS, DT6. 7:"!3 ACCRfJED REC F'AYMEN'i ~ 23,603.74 ;' CU$ FCIF{FR DEPD8IT5 _ _ _ _ _ _ _. ._ .. _. _ _ 7d , i94f .410 _ _. __ .__. ____. 'i'. DTHFR fUiREN'I 3 ACCRUED LIAI3IL ;TIES [11x,837. Si5 TCITAL. CLIRREN7 6 ACCRFIF_D k._IAH i , 859, i i3.28 ~+ "' TOTAL MUNTCIf'AL FRUITY A LIAH I:; r 86,296,582.20 i ~._ L: i _ _. ._. _ _ _... _ _ .. ___ _ _.._ .. ___ . ___ __...._ _ __...._ .. _ _ ____ .-..-___~_ ___ _ _ ___ j'r ... _ _ f+ ~ ' % L` f ' ~~ _ Q 4. _. _ _. _. _ _ ._... _ _ .._.. - _ - ---__ ___ P _. ..: ~'] r!-H} ;aT' ElFtF A ~:X F'°I _NF.s 5 . .i ~f4 . :"~.•~~ ~Rt:V±~:~ifg G'l1RF.E}JT $!l^G~'r EC~ ERJT)GET t:NMl iAI. YF': AR T.. DP'"F_ YcAk TCi IrFTE YEAF{ Tf3 Dp'€E DEVIATIDk 3?liTrt,L7' _kCflME: a'TATEi'fh'NT [IPEF;pTF1VG REVE'@L+E _ ~ __ _ _ _ _ _ SALES -~ EE_EC"iRIC Er~EkLY -.. 30~?,'~ i.9.~'r 8,75[,,FS2.11 6; 79•i, 3G2. f7 C13U.561 1:s 474+,23'7 .`'i8 BALES rGR RESALE 3C•3,c•24.•/4 SC'"r, 1-i~.DD S(i', SixO_JO ?5.470 75b, GOA.O£) NET INCGi9F PRFjM i]THER 6Ci3F'CES :: ='., [, s4.27. 72 'r"?6; '.;5 7? 4)EYD_i]D '775.25 ca;, 0:)9.:xCr 3ECEA2I~1Y LIGHTS ;~,H4i .(3D 5,°;C37.OD 5,540.00 L3.0D3 13, G•00. 6,3 • F'GLE RF::HTAt i.f:'S43.`,iD 9:!4. a9 1, 720,F)0 fT9S.59T 4, 9AD.4T0 SALES - _GAS_ _ - - - ~, - - 60,if35,76_ ~95e, 500.38 __ _ 5~952~_599.!f2 _ _ ."_"59. ~6_ __ _7533, 8.x7.1-70 €GTAL L7E~F.FAT }.kG RE'JEk11E 1:;. 33 ~ .:: •zi. 74 L4, 935, 245.34 i4, 935,:!^3.a9 C-S7.8Si 23,865., i?•4.`si3 IN'Et:ATikG E%F>:7d5E5 _ _ ~ ~ ~ - _ _ _ --- PROLNICTFC)N OPERATifJN 4`: , 25D. +.9 ].> 124,"7 "T4.&S 1 ,08®, 9c~7. 4+7 C43, 617.681 3, 145,01?.. l3 + PRGI:IICTION MAIMTEkp1HCE 24'x, `46.04 184,425.53 198.250.4•)0 14,224.37 395, 5Ct0_90 i-"i1RC:fiA;iED PCSWER ~, 4;18,f,.`;S.F:S 4,.5'3, 786.13 ~ A,523, 774.56 6.43 6, 207, 1.55.045 TRAI+SMISSIGk flPERAT IQis 2'.'~4.E.i 1?3.i.3 2:e0.E10 i25,L7;5 S:fD.f-Tn t ~ TItA. I5MIS5FGtl iiAINTEkATJCE k?i,~:T. i5 2(9~,4a4.?5 S.7:iO.FfU C2F1i, 714,75) Si.S'3(1.P0 ELECTRIC DIS'TRFHl1TIGk IM`ERA'TIGN iar~, e:"7_79 22~, 544.138 219,e4:i5.48 _ _ L2, 9f37.s. F1) - 4_3~. 3i 3. v3_ - ---- ELEf'.1'RIC UISTRIPIJTIGk MAINTENANCE 95.,SSD <ti5 59,8/.,3.35 78, 1)09.00 E51, Fid3. 33) 136, D09.i~}9 1 - F'LIRCHASE]) GAS E)CPE.NBE 4 .455 , ~~',:+9,;;0 s, 227, e! 2.17 5, 226, 760.43 C 3'01.74) 5, 953, 5'._`7.18 GAS TRANSMFSsION L7l'EFATIGk .{)0 .1-141 - _ - - - 2, OCi0.W _ - _ 2,_ODO.DB . ~ 4,hTb4. D0 - _ - GAS TRANSMISSIII^f MAINTENAIJE'.E .~]0 .n0 2, 25U.EY0 2 254).()8 4, Fr:+Fi.9D + GA5 DISTRIBUTION OPERRTILY'7 9.E+,":,54).'.4 1St ,452.90 214, 8^_~E,.419 23,4(•13.5.9 429.7'2-?5 .. f:AS DISTi2IBU'TLON MAIkTEkANCE 4^,=i^d.~d E,O,'12.44 - - `.1, 0.':`1.09 - - C9, 31'7.941 - - - - - -- LEYL, 0:'-r9.!'-0 "-- ~ ~ ~- - CUSTGMER A£GOUM7ING S CLxLtECTIC7NS 1'7"1, i 14.2? ~ ~ 173, 0118.34 173, A:i4.98 - C 1.3.33] " 311 , i[~)5.43 +..~ ADMINISTRATIVE A GtIJERAL EXPE!JSES 8f.'r, 932.44 758,463.85 638, 037.51 119, SCi3. 26 i,®35,5431.00 1)EPRE-CIATI9N 9.:i`,, Fi00 _474 L , 230, 000. Db 1 .230, OD0. 00 _ _ __ __"____ t .O6Y 2, 46F3, Of)O.ET9 ~~ 'TOTAL l7irt7iATING E)fPEMSES 1.9 .219.,233.33 13,95^. ESi.•~7 13.844, 4'32.22 4108, 249.75) 29.,SF3, 35'7. y2 ~- l7P'ERATTkG Ii~C:OME 1 i 2', r'<''8.41 9C';', :?53.37 5 , 090, dh0.'77 i 10Ft, 2°7.601 :!, 297, 7416. n6 OTHk:R INCCIME ~ ~ - GTli~~ -- NET .:+, i:il. F 1 43,'1:x'5. AO ?A,0fl0, 00 73, 753.10 _ 6q, OP0.00 IRTEREBT INCCIME •r'.;,'_ ,4.83 _ 153,",r.l.`i8 _ ~•0. GC7O.09 53, ~di .'S8 LCa0, 9C0. Ct0 1 MISS; IkCGME :i:,ti?_3.^'7 1451, }e)7 ,-'1 9."7, 5i1U.i',0 12'7, dUT.'71 3u, 9[a0.f}0 GAIrJ F7f! DF6PGSAL -~ E1_ECTRIC,' .:i3 9 , D34,Vri$. hd .00 _ A_ ,034, Q5,~. ~5f~ ,n9 _ ~~ GAIk CM! bI5F'h5AL -~f.AS .00 134, 557.58 _ S59,OOO.OO 413,•142.423 i5@, D00,00 ~ +SISC IkCCRM1E -- GAS EdELLS AS, 9p5.E•i .?.,448.50 ,00 2,648.50 .C90 7 GTAL OTHER ihICCIME S.E" .576. ;2 I . 475, E94. i3 247, SOD.90 S .228,.144. i3 . .""__ _ " 345, 009. C'r9". , tFTHER F'%F'E'1'lF.ECi i1I5C EXPEN5E:E C:::;, f ? 1 ..6 E=J, 9'79. S9 .99 _ C60, 9'79.59} . VD INTERL^37 E%F£k5E 2?.';,.: ~;?..60 1:,7,1+34.44 149, 9:5.00 C9,FYY54.44) 24'7, S5S3. +SO a TflTAI OTT~fER E%F'L-NSFS 3D~,:^9.76 2"i S,D59.03 149, O",~,,. D9 470, 034.03: 247, /`~e1.OhT C'SAVTRIDUT iL7N 'TO CFTY 43~'~, e~+O.i~i0 44~,4f1D.J0 ~_ ~ _445.. 409_09 "- -~ ~-- _- _ 9.0D --- -- -98~,~40.C~0- ~ TG'f AL rGk'TRI9lfTT{lk T[I CI.'TY 4C ,.=:n0.'lD 445..?96.9(3 441,404_90 9. U0 982.f•}CT9.C?0 kL7Fi-flPERATIEI. INCOME ;.a4",114.241 81,c^,35.13 534«,9E,4.1-))O] 1, 158. 159.10 18B4,550.Ob1 + ?'!E7 FkI:flME 57',!.F,4 ~7 1-75•'7,;-,/,8.47 747,694.47 1,949,$-7'L_S~ 1,413, 156. hd V f_~rclra'attc:~' X97. iJ~•49 T•"ta~li~~t%e~ta a~. "~nq~7~~ .......- r~l'+I (3Tit~1;1~1'l ~'~" l`I~~; 'T"~""~' [:)'l~ T~LF~'C°t~~'~^a`~V, l~[:i~N~~"JT~, ~s~aNT"I7""D4i u~Jt~~C~ ~wC`~' ~:FtA~TI'wl"t'" "~'"~ 1LI~il-B'~ "1'{~ ~L~"'l"'l)"~~1~ I~1'l'[.,A ?~~"k.~'f~ ,!~,'"~' 1~ [`:1 F"TTI:):~,:1"' 1,C3'~,"~"lu,1C~ 1' T'lMl~l~'d~,~~"' I~.I~r"~~"~" (~~ 1awWA:"' tv) ~~ 9l.f~l'~ ~,T'~Ti~_;°~°" l°Jte~'.~"'~,g "I"HE 11~1~Y" C)~~ I~LJ°f~~lllt~ ~l~.l:)~: ectit7 1.. "'~'°lae ~;t' 97f l~9xt~lritlsCSt7, i tlae C"t~taa~t~ e9~Iv~fr.Let7r~, Mate 9~f l"i:raras97tfa„ laereaf~ex re ~~ rr~93 ter as ~'rri9V1t9'r;r, laerelrr~ grants trr ~car~;lc grad ~raaaray, ;here~fter'f°ef9~xx•ed tta ~s '~xrant9we, ~ r~ra~}aise taa t at~cl tnalratatra taautd97e7t xlisplay ray further than. f~vt•T feet n,t{a tlae p~. ~F~li+_. ci~;llt crl" v~ra ~~ deserib9"d' in tl-ae l9w~al 9~es~ripta97tt, ar~9~ in ~hibit '`_, f~9c tl~e 17an~s9r s7f eli~fl~tyirt 4bf97r sal:°" attracts 9~n certsin prnperty vtted l~ tlt~ ~tt~ ta~~:~-Iutav~iata~erta d!a_~~;carF~ ~ ~s 1"r~llr~~:. T'4ae right erff` a ab9.ft#~aa~ ttie ;enter ~~>~ feet ~~" l.,ett , I'~errtPaa <'1 l~it~^ 97f l lzatcltns9~ra-r ~- i.:. - ~ ~"he franchise i ~.... ;x e~ ~ 9 9~f eaate ~ vr;,,~~; , .- r ~ r ~° n tkr~ ,,° ,ate r,f71?~° of ' .:+'~ ~~. 1'o ;n I 1 ' \iri 1 .~1Z t~l il]([ t t 1.1 ~+'C,I?1,1r1~~ (?tt}, c. tiaa~L" .Ilh t~J' ,~ti nr.ti>;u i,irr i)f tht Citv~tr£l:fiti, raui ;;in ~ tl:;ir i~ t~ ~ 1 Ci+ d1~ ~.:1l~trr the t, i ie~.til c. ~t~ti~ r t ~ht., +:iicirn;~ni.c. l he ,, .;~, ,'r is 1u' 1,.~1I1<,~Ci>m~;'•c.I~~h ~,vtl~ .•th~nirt~: ~~ rt;.~t.~ lips v~ ~u;lilut i~lrl ~rJrrl~t vt~ ci~~~.21_ ;.c n f~r~he t t~ ~ :9nc~ ~t i~~rht~ tits rr .t1.4 t~rn~ ,1_,i n+t in :ht i,frlr n.t I~rut~hr^e h r , l~~•r17 }alp d aii~ .~pprp``ed. Trt'ac~cliticul.- r filr try- C~~ot'~~+. °°°~^ -- >',.~. ~.~.waa;f.:~. (=rr~.:tt~rr r~s~f ,:_s tae r°iglrt t.~ aa~`~a°ce re~~~raabl~ re~ul~ta~~rns ca~rze~ r „itre ccrrrsh-~tr_ iir,t,, t7gaeratin~l'acd~t t7fs~f~h fail i `iJitiGS l9aeatecl t~luat~, aver and tzrader the ~atzlalac prr~rfti5~~ t_~efrtrta n~ctit>.c9iaeti aracl ~cti9tta 4. ~rnt7t9we shall iradeattraif~ ttn9~ t~9w-l:~tar~ 4.~rantcrx, its baards, ct7rntraissicr,trs, eait;ea°~, a;erats acid 9y'traplc~ye9ws, rra arty atxd all 97thr p~ublilc aen9wi9fs~ a,racl their t7tcrxtl`ters, ~f~cers, atats and ~rraYnes, a;~~lftst arr~ aa:ad all llahlilies fear attjtut~r t97 ar de.itlr ~~`atl ti ~ er,~;~raa t7m• ~ata'~ dtataaae t97 any ltr9aperty earas~al ~~ ~,faYlfet', ]lS caftt9;t'I~. cl~~~ti'T1tti [rr e191~+197°v'C~•~ ill 'I tic: r_~t1St7°11~_~7+'tt, c3l7eT~t'14tt C7rlr9ildlttet'lan~C; 0.7~ttS Y7r9717et'tf, 97r ~t3 ,l; i', uttt rrftht: ~_.~,± fuL~C ~9;Jf a~t1~+'rl ~?11L i.)r 1+99~.'llf""+' 'L1nd~Ci %li.P '1''ra9rt'17a.af`.. ,~~~~_ti~,r; ~t all rir;9e~5 1~tf~a~~ the te't`t~'a erl`~ I~+~ ~:,~+r,-1~i.tir . irv-~n,.r vti~1l, ,i. its ~- ,<.ii ~'x'laetrse, ~3~~i~~,trirt, 111,~[~r1i..:F','CI7CTis1 ;,4}t31pt'~;r1LCSti3i`l; hi9r~iht ttts~YD,'A"'~,ttcr, ..itl ii[ u.-~s~1~+~i~ - - - ~- ~" ~ c ~,Ri tt'~~~11y i1J~71'LP''. ~] I>We L sr i Fi1,tCdl:zisrll, ~~tin=1~ ''liltll5 ~;-}~ro't:r1 ~1~^ Llit~'~~~11~7~~~`r ~+_ ~.11~~ ~4~i9" ~~1~ 1 ru~.~~'ipuatr ~k, w.t~Lii~r,.t ;dtftl ~t5~ 9:~tt~ ri ~, ~~'i ~ri,-s araCl t'IIlt?1~ 4L~:'~, ~~afIl[;( 11„i`1Shl~c tf,i 117~~4 f"&T' ~'~P9C:~j'( ~d ~i ~1~kG~y]"~1 '9~7+itir ;~. ~.t9w3~17 l?'~9' ]. f ~"~~•°7 ¢~ ~ Stl9'~ C~u.w,t.; it,r]r_+-~ 17y the ae~iv ties oaf"'the. ~ira~t~ atDa~~c~r tlae l`r~trrchr.•t: v t14'7~S"Y ~. 0.~YrYa~t~+~ ~1V',i.l ic~t :iia~e T}".r Y ~i i CU 3,~~r.f~,1~'~>~Y~ ~~Tt~'~t'a~~Y3~'~ t,rt:lYC'a'~X/r,~u° t~.t~ S?~t"'°~'~Y'~"tfl~' t'~f.• n,er "~ ~sCk~~'er crr s"~1~, le'a~~ 17CC'ri5~, rd9i;~:1'- s_+ :;r ;„_~~ ~''t' 'C1~1tirs t:~ tree tD"~rr:,~'rr 7i1 ,~~1~ ~:'!a~l'A~~:.r. ver an tatterest 'rr7 °ra1.1 axr' S~ , Farr . t" €i s f~- :1 ~ ~,, s 1 , ~ s r.w , ~ ~" ~~' I ~ ars~s~talled ~, ~,~ _ ,~t ,~ ~,urrdex t~h.~ -~ , ~, .t 9",t lrracar wraratteta a~apr97v~1 ~y arr~irr~rt~rM atl tip ~; ii, l~ eararte;il a7f the ;it~r ~ S f ±utrhins97ra. eetitt 'I. ltt The evettT that Nt7971t acrd 'rara7~ shtrual9~ eeae tr7 exist ttr slt+7ttl9~ "tail t97 tree :ae li ~ ~,. ), ~ =.e i~ + c7rte c,alend.ar feat°, tltts fr~tt~ha~se shall 'kae t`leera~te'cl dull grad va7icl attd shall revert tea thi ~ity° raf .,:i i~~aw~~, wvith979at arz ac"ticaat errs the~art e9f the ~"it°°,y .~ i~tat~.laia~rserat •avhtatsa~evea~• a.ct%atan~ ~. "l"lti'~s c7rdinan9W e shall take cl`i~ t ~ r~;l~t : ,a after f9assa9W°" atad t:9tclalieatiral , ;.~ I ~ r the tt7v9s~it~rn abe .~. ~ ~ ~~ ~~E~~; aart:it~t~rl aec~~t~an~c~e h,y pia 1< ~~~~,,:1 ~::;rttty~. ,: ~ ~~ . Adopted by the City Council, this _ . _ day o! , 2003. Mayor Attest: Ctty Admttttstrator Published in the Hutchinson Leader on First Reading: C~ Secand 5t~~~ ~~ 15T AVE NW ~.. WASHINGTpN AVE W ---,. - x 33~ a~ FF~ y 2 J Y C LL ~' ~~ 1ST AVE NW 3 H ~' z F y z Q WASHIIJGTON AVE W - ~~ Exh ~ b, + A --~~- 9STAVENE ~~--- 1NASh11NGTON AVE E T AN Y ~' Z m, W N J 1~~~ ~' '~~~ 1 ~~~ ~~`- Date: 3 CITY OF HUTCHINSON FRANCHISE AGREEMENT APPLICATION Property Addresses y- Y11~ ~ ~~-~ ^~ ' Applicant: //ll /~ Address: U Legal Description ofpr~ope~rty: (-.2_n~e.~ `~ Description of request: I C) ~ "~ CertiScate of Liability Insurance: • Site drawing of request: S~ rx{~c~iec~ Signa _ pplicant s '(~~25 m This is an application only. The request must be approved by the I-lutchinson City Council and an ordinance published, , Filing Fee: p3-3`~`~ Zoning District: ~ - 3 Work Phone: ~ -- HomePhone:~/~ ~~~ d~ Lod- d. , f~1 ya C ~~'Q~ ~~~~~ • This ordinance adopts the 2003 Minnesota State Fire Code and anrendments for the City of Hutchinson. ORDINANCE NO..03-351 AN ORDINANCE OF THE C1TY OF HUTCHINSON ADOPTING THE 2003 EDITION OF THE MINNESOTA STATE FIRE CODE, REGULATING AND GOVERNING THE SAFE GUARDING OF LIFE AND PROPER'Y'Y FROM FIRE AND EXPLOSION I3AZARDS ARISING FROM TIIE STORAGE, HANbLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY FOR BUILDINGS AND PREMISES IN THE CITY OF HUTCHINSDN; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; THE COUNCIL OF THE CITY OF HUTCHINSON HEREBY ORDAINS: Section 1. Thai a certain document, one copy of which has been marked as the olbcial copy and is on file al the City of Hutchinson-Fire Chiefls Office, being marked and destgnated as the 2003 Minnesota ,4rare Fire Code, including Apppendix Chapters B, C, D, H, and 1, is hereby adopted as the Fue Code for the City of Hutchunson, Minnesota, for . the purpose of prescribing regulations govertling conditions hazardous to life and property from fire or explosion, except such portions as are modified or amended by Sec[ion 7 01 this ordinance. Every provision wntained in this code, except as modified or amended by this ordinance is hereby adopted and made a part of this ordinance as if fully set forth herein- The Appendix referenced in this Section 1 are further identitied as: APPENDTX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS- APPENDIX C -FIRE HYDRANT LOCATIONS AND D151"RIBUTION. APPENDIX D - FIRE APPARATUS ACCESS ROADS- A Cul-de-sac shall have the Minimum diameter of 120' were parking is provided. APPENDIX H -OPEN FLAME AND FUEL STORAGE PROHIBITED ON BALCONIES OR PATIOS i.1 Open Flame Prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet of the structure. 1.2 Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 1.1. C~ ~~~J~ . Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances, maybe installed on balconies and patios when approved by the fire chief. APPENDIX I -SPECIAL LOCKING ARRANGEMENTS FOR GROUP I OCCUPANCIES State Adopted Amendment. Section 1. That the following sections are hereby revised: 105.6 Required operational permits. Section 105.6 is amended to read "The code official Is authorized to issue operational permits for the operations set forth in Sections105.6.1 through 105.6.4.6. Operational Permits required by the Fire 17epartment": 105.6.15 Fireworks 105.6.17 Flammable and combustible liquids 105.6.28 LP Gas • 105.6.31 is amended to read "An operational permit is required for the kindling or Maintaining of an open fire or fire on any public street, alley, road, or Other public or private ground" Instructions and stipulations of the permit 5ha11 be adhered to. 105.7.5 Item #3, To install, alter, remove, abandon or place temporarily out of service or otherwise dispose of a flammable or combustible liquid tartk. ] 05.7.8 LP gas (Sec Minnesota State Fire Code Section ] O] .2.1,2003 edition), as published by the Lnternational Code Council, be and is hereby adopted as the code of the City of Hutchinson for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, material and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Hutchinson and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions and terms of such Minnesota State Fire Code 2003, 2003 edition, published by the International Code Council, on file in the office of the City of Hutchinson are hcrehy referred to, adopted and made a part hereol'as if fully set out in this ordinance. 5 t~h~a. . SECTION 2. That the following sections are hereby revised: Section 101.1 Insert: City of Hutchinson Fire Department Section 109.3 Insert: Violations penalties. Persons who shall violate a provision Of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or direction of the fire official, or of a permit or certificate used under provisions of this code, shall be guilty of a Misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been serviced shall be deemed a separate offense. Section 111.4 (Failure to Comply) Insert: Any person who shall continue any Work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a Misdemeanor charge/fine of not less than $1,000 dollars yr more than 90 days by . lmprisonnrent. SECTION 3. That the limits referred to in certain sections of the 2003 Minnesota State Fire Code are hereby established as follows: (limits in which open burning is prohibited): City of Hutchinson 307.1 General. A person shall not kindle or maintain or authorize to be kindled or Maintained any open burning unless conducted and approved in accordance with This section. 307.2 Permit required. A permit shall he obtained from the £re official in accordance With Section 105.6 prior to kindling a fire for recognized silvicultural or range nr Wildlife management practices, prevention or control of disease or pests, Recreational permits, or special circumstances. Application for such approval shall Only be presented by and permits issued to the owner of the land, or their Designated agent, upon which the fire is to be kindled. 3072.1 Authorization. Where required by state or local law or regulations, open Ruining shall only be pemtitied with prior approval from the state or local Air and water quality management authority, provided that al] conditions Specified in the authorization are followed. . 3072.2 Is amended to read: Open burning that will be offensive or objectionable pue to smoke or odor emissions when atmospheric conditions or local 3 5z~~ Circumstances make such fires hazardous shall be prohibited. The fire official is authorized to order the extinguislunent by the permit holder or the fire department of open burning when it creates or adds to a hazardous or objectionable situation. Open burning of debris piles, leaves, and yard waste and burning in barrels is prohibited. 307.3 Location. The location for open burning shall not be less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure. Exceptions: 1. Pire in approved containers that are not less than 15 feet from a structure. 2. The minimum required distance from a structure shall be 25 feet where the pile size is 3 feet or less in a diameter oft feet or less in height. 307.3.2 Recreational fires. Recreational fires shall not be conducted within 25 Feet Of a structure or combustible material unless the fare is contained in an Approved device or method, such as a fireplace, charcoal grill, etc. located at least 15 feet from any buildings, Fences or structures. • 307.4 Attendance. Open burning or recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved onsite fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truek, shall be available for immediate utilization. 307.5 Open flame-cooking devices. Charooal burners and other open-flame cooking devices shall not be operated on combustible balconies or within ] 5 feet of combustible construction. Exceptions: 1. One and two family dwellings. 307.5.1 Liquefied-petroleum-gas-fueled cooking devices. LP gas burners having A LP gas container with a water capacity greater than 2.5 pounds LP gas Capacity shall not be located on combustible balconies or within I S feet of Combustible construction. Exception: One and two family dwellings. J~~a . Chapter 314 -INDOOR DISPLAYS is amended to read: COVERIiD MALLS Section 314.5 Main Aisle Width: Main aisles shall be a minimum of 10 feet in width or The minimum required means of egress width, whichever is greater, and Shall be maintained clear from any obstructions. Section 314.6 Cross Aisle Width. Crass aisles shall be a minimum of 15 feet in width or The required means of egress width, whichever is greater, and shall be Maintained clear from any obstructions. Section 314.7 Fixtures. Fixtures shall not be located in main aisles or cross aisles. 5eciion 314.8 Sprinkler Obstrnctions. Roofs or coverings for kiosks, display booths, Concession equipment or similar structures shall not exceed 4 feet in Dimension unless the area beneath the roofs or coverings is protected by an Approved automatic fire-extinguishing system. EXHIBIT HALLS AND ASSEMBLY OCCUPANCIES Section 314.9 Solid Fuel Burning Appliances. Use of solid fuel burning appliances for . Display purposes shall not be allowed in assembly occupancies other than Cooking fuel as described in NFPA 101, 2000 Edition, and Section 12.7.1.4_ Solid fuel burning appliances maybe defined as any appliance that uses Decomposition of cellulose material, hydrocarbon solids, animal fat or Proteins to produce heat or leaves an ash residue. This would include plant Products or materials, wood, coal, mesquite, etc. Section 314.10 Compressed flammable gas cylinders and flammable or combustible Liquids used for display purposes shall be prohibited within exhibit hall and assembly occupancies. Section 314. 11 Fireworks use, sales display nr storage shall not be allowed in assembly occupancies or within 100 Feet of the structure or unless separated by an Approved permanent partition such as a building wall. Section 314.12 wererowding and admittance of persons beyond the approved capacity of a Place of assembly are prohibited. The Hire Official or their designated Agent, upon finding overcrowding conditions or obstructions in aisles, Passageways, or other means of egress, or upon finding a condition which Constitutes a serious menace to life, is authorized to cause the performance, Presentation, spectacle or entertainment to he stopped until such condition . or 5 ~(~~~ . Obstmction is corrected. Section 3 ] 4.13 Standby Persotmel. When, in the opinion of the Fire Official or their Designated agent, it is essential for public safety in a place of assembly or Any other place where people congregate, due to the number of persons, Or the nature of the performance, exhibition, display, contest, or activity, The owner, agent or lessee shall employ one or more qualified Persons, as required and approved, to be on duty at such place. Such Individuals shall be subject to the Fire Officials orders at all times when So employed and shall be in uniform and remain in duty during the limes Such places are open to the public, or when such activity is being Conducted. Before each performance or the start of such activity, such Individuals shall inspect the required fire appliances provided to see that They are in proper place and in good working order, and shall keep Diligent watch for fires during the time such place is open to the public or Such activity is being conducted and take prompt measures for Extinguishment of fires that may occur. Such individuals shall not be Required or permitted, while on duty, to perfomr any other duties than Those herein specified. Section 503.4 Obstruction of fire apparatus access roads is amended to add: Section 503.4 Parking of motor vehicles in, or otherwise obstructing fire lanes shall be Prohibited at all titnes. Any vehicle so parked is the act of a registered Owner as well as the act of the person actually parking the vehicle. For Purposes of this section, registered owner is defined to include motor Vehicle leasing agencies and corporate owners. It shall be a defense to any Violator if the registered owner shows that on the date of the offense, title Has been transferred to another. A violation of this section is a petty Misdemeanor as defined by Minnesota Statute G09.02, Subdivision 4a, and Shall be punished by a fine not to exceed $200. Minnesota State Fire Cnde 2003 shall he amended to read: Section 903.4.2 Alarms: An approved sprinkler flow alarm shall he provided on the Exterinr ofthe building in a location to be approved by the Firc Department. Att approved audible sprinkler flow alarm to alert the Occupants shall be provided in the interior of the building in a normally Occupied location. Chapter 32 CRYOGENIC FLUIDS is amettded to read: Section 3204.3.1.1 (limits in which the storage of flammable cryogenic fluids in Stationary containers are prohibited): City of Hutchinson. The storage attd use of flammable cryogenic fluids in stationary containers in any . amnunt is prohibited within the corporate limits of the city without e ` ~~J~~ prior approval. Prior approval requires the submittal of a proposed storage use and will require technical assistance as specified in section Chapter 33 EXPLOSIVES AND FIREWORKS is amended to read: Section 3304.1.1 The storage of explosives and blasting agents is prohibited within the corporate limits of the city Chapter 34 FLAMMABLE AND COMBUS'fIBLF LIQUIDS is amended to read: Section 3404.2.9.5.1 The storage of class i and class II liquids in above ground tanks outside of buildings is prohibited within the corporate limits of the City with exception of those areas zoned 1-2 industrial, agricultural and also other remote areas with quantities as approved by the fire Official. Section 3406.2.4.4 (limits in which the storage of Class I and Class II liquids in aboveground tanks are prohibited): City of Hutchinson. The storage of class 1 and class ii liquids in above ground tanks is prohibited within the corporate limits of the city with exception of those areas zoned I-2 industrial, agricultural and other remote areas with . quantities as approved by the fire official. Chapter 38 LIQUEFIED PETROLEUM GASES is amended to read: Section 3804.2. (Limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated congested areas): City of Hutchinson. The limits referred to in section 3804.2 storage of Liquid Petroleum gas is prohibited within the corporate limits of the city with exception to those areas zoned 1-1 & I-2 industrial, Agricultural and also Residential locations and quantities as approved by the fire official. 5ECT10N 4. That Ordinance of City of Hutchinson entitled Minnesota Uniform Fire Code Stv~dards, 1997 Edition and all other Ordinances or parts of ordinances in conflict herewith arc hereby repealed. SECTION 5. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Hutchinson hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that one or more sections, suhscetions, sentences, clauses and phrases are declared unconstitutional. . 5EC'fION 6. That the City ofHutchinson-Administrator's Office is hereby ordered and 5(h~a .. Directed to cause this ordinance to he published- SECTION 7. Thal ibis ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect March 31, 2003 from and after tlae date of its final passage and adoption. Adopted thisy,~ day of_, 2003 by the City Council of Hutchinson, Minnesota. _ D~ _" Mayor -Marlin Torgerson City Administrator- Gary D. Plotz • 5 (~~a Ordinance No. 03-352 Publication No. AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE 02-308 REGULATING THE LICENSING OF EXCAVATORS SEC. 10.47. EJCCAVATIONS AND 1VITNING Subd. I. Purposes. The purposes of this Section are (a) to prevent any interruption of, or damage to, utilities and (b) to prevent unsightly or hazardous holes in the earth's surface. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Excavation" means the construction or maintenance of a hole in the earth's surface more than 18 inches in depth (measured from the surface adjoining such excavation vn any side thereof) or more than five feet in length or width. B. "Mining" means excavating for the purpose of removing any rock, sand, gravel or any other aggregate or soil or soil products with the • intent to not return them to the excavation so made. C. "Excavating" means the act of constructing an excavation. I), "Excavator" means any persons or entity holding themselves out as an excavator or who engages in the business of removing or dislodging soil from the earth for hire, whether working as a contractor or sub-contractor. Subd. 3. Unlawful Act and Permit Required. A. It is unlawful for any person to construct or mamtam an excavation on private property or public property, which is not owned or under the control of the City, without a written permit from the City. 13. Al] applications for a permit shall be made on forms furnished by the City and all permits shall be issued on such conditions as will protect persons and property from damage or injury. Subd. 4. Application Fee and Permit Conditions. C,~~3 A. No application shall be considered until the applicant has paid a • fee which includes the cost of any investigation deemed necessary by the City. B. The City may impose conditions on any permit for the protection of persons and property and to assure completion of the excavation including filling and dressing the surface. C. The City may require a cash or surety bond in such amount as the City deems reasonable tv assure compliance with the conditions of the permit. 17. The Cit reserves the ri ht to sus d revoke or den an ermit involving excavation for any reasonable reason including but not limited to the failure to obtain Hroner ~rmits from the_~ty, non- compliance with conditions of said Hermit, utilities services interruptions, or having a history of bnildine code or permit violations with the City by the permitee or the excavator hired by the The decision to suspend. revoke or deny a permit maybe appealed in writing within 5 days of the adverse pertnittin¢ decision to the City Council who shall hear such appeal within 15 days of • receivin the written re uest to a gal. Sul~r - +we r.,.e.,..e ~~ C: Suhd. 5. Exceptions. No permit shall be required for stripping sod from the . earth's surface. J~~ Subd. 6. I7tilities Service Interruption. It shall be unlawful for any person who, with or without a permit or license from the City, to cause a line break or interruption in service of any gas, electric, water, sewer, telephone, telecommunications or other utility service line through excavation, or for severing or damaging an unmarked utility or negligently severing or damaging a marked utility. This subdivision shall not apply to private landowners who cause service disruptions or line breaks which effect their property only. Adopted by the City Council this day of Mazlin Torgerson • Mayor ATTEST: Gary D. Plotz City Administrator ~~~~;3 RESOLUTION NO. 12234 RESOLUTION TO SELL AT AUCTION SURPLUS PROPERTY WHEREAS, the City of Hutchinson has accumulated surplus property. AND WHEREAS, The }lutchinson City Code provides pursuant to Section 2.70, Subdivision 3, Paragraph C, for the sale at auction of surplus property. NOW THEREFORE, SE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF HUTCHINSON, MINNESOTA: That the Hutchinson City Council hereby approves the sale at auction of surplus items identified on Attachment A. Adapted by the City Council this 12'~ day of August, 2003. . ATTEST: Gary A. Plotz. City Administrator Marlin D. Torgerson Mayor 5«~~I EXHIBIT A 2-24" WIDE X 66 %Z" TALL WOODEN FRAMED STORM WINDOWS 10--44" WIDE X 34'/x" TALL WOODEN FRAMED STORM WINDOWS 10-44" WIDE X 78 ''/z" TALL WOODEN FRAMED STORM WINDOWS 19-YELLOW PLASTIC CFIAIRS WITH METAL FRAME 1-METAL OFFICE DESK ]-DRAFTING TABLE l~l"ROUND WOODEN KITCHEN TABLE, WITH 2 LEAVES • ~~~~~u RESDLll1'lON N0. _ 12?38 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE L .J I'he Hutchinson City Council authorizes the purchase of the following: ^~ ITEM COST PURPOSE DEY1'. BUDGET VENDOR 156,000 Biv Kitchen Bags 29,80D Liners Recycl. Yes BIOGROUP Fencing - Roberts Park 45,796 Replacement Parks Yes Century Fence Co. Hvt Mix Trailer 28,212 Replacement Streets Yes Stepp Mfg. . The fallowing itemsYwere authorized due ro an emergency need: ITEM Hate Approved: Motion made by: • Seconded by: COST PURPOSF. ~ DEPT. ~ EUDGET ~ VENd]OR Resolution submitted for Council action by: Kenneth Merrill, Finance Director 5 ~~~~~ • Memo r~ Uate; 8/12/03 To: City Gnuncil Cc: Marian Graham From: Randy DeVnes RS: Bag Filmstock and Graphic Work for Product Plates Creeksidc Soil 1500 Adams St. 5$ Hutchinson, y1N 55350-7011 Oftice Number: 320-587~b7G2 Fax Number: 3Z0-234-5649 I am recomrnending approval of the following Purchase Order Requests: CreekSide Product Line Pnmarv Packadind Rollstock (Mixed Load) PO # 1fi065 Total $46, 740 (for 400,000 Rn//stock, Printing and Delivery far Top Soil, Posting Soil, Compost w/Manure and Peat) Primary Packa,_giny PO # 16066 Total $6, 37524 (For updating 4 existing Plates and adding new Washed Sand Plate using 3 & 4 Color Line Art) SplendorGro Product Line Volm Bad Comany Rollstock (Mixed Load) PO # 16062 Total $44,373 (for?00,000 Ro/!stock Printing and Delivery for ComposdManura, Peat, Top Sail, Potting Soil, (20 & 40#) Volm Bad Comoany PO # 16067 Total $91 Ot) (For Setting up 5 new 8 color Process Pnnt Graphics Plates) Wonder6lend Product Line Volrn Bad Comany Rollstock (Mixed Load) PO # 16064 Total $43,919 (for 250, 000 Rollstock Printing and Delivery for 100 % Natural Organic Cow Manure and Professional Planting Mix Volm Bad Compaq PO # 16063 Total $4700 (For Setting up 2 new 8 color Process Print Graphfcs Plates} 5 C h~5 ~ Memorandum To: Mayor' and Cnut~cil From: Dvl~ Moon Director PROF, Date: 8/11 /2003 Re: Roberts Park Recommendation Based on the results of the 8/11/D3 bid opening for work to be preformed at Roberts Park. I would recommend that Bauerly Companies be awarded the contract in the amount of $48,687- The engineering estimate for this project was $6D,DOD. Funds for the project will come frpm the Capital Improvement Fund. ~~ ~<<~ • Memorandum ~irN ~' TO: I lonorable Mayor and City Council FfOm: Rand DeVrics Wa[cr/WasLewaterDepartment Y 1;100 Adams St. SE. Date' 8/5/03 Hutchinson. MN 553$0 Phanc:32U-234-4233 Re: Out of State Travel for Manon Graham Fax: 320.234-7485 I am requesting out-of--state Travel for Marion Graham to Charleston South Carolina from September 19 -Sept 28'h' 2003. The purpose of this travel be will be to participate in the Wastewater Laboratory Exam Workshop for the National Association of Boards of Certification. They will be validating and evaluating questions for the laboratory exam. ABC will cover the cost of the airline tickets and 3 nights lodging, room and tax. Marion will be extending her stay in Charleston to attend the Mulch and Soil Council Annual meeting that will be held that location the same week September 23-26. She will be returning on Saturday or Sunday 27"' or 28`h, depending on the crave] arrangements. The cost to the City of Hutchinson will be for Lodging, and meals, for Sept 23-26`h, and travel to and from the airport. Five nights lodging and meals will be approximately $900. 'These expenses were budgeted for 2003. ] recommend approval. r~ J(~) xCITY OF HUTCHINSON PLANNING STAFF REPORT q • To: City Council Prepared By: Julie Wischnack, AICP, Director of Planning/7oning(Buildiug Date: August 6, 2003 Re: Out of State Travel Request for Barry Greive, Building Official There will be Code Hearings held in Tlashville, Tennesee during the weck of September 7°i. The code hearings will provide for a process of voting on code changes to the 2006 lntemational Bui]ding Codes. As a part of Barry's involvement in the local Building Code Chapter, the chapter will be paying for registration and possibly up to $1000 of other travel fees. My recommendation is tv allow Barry to attend the conference with the condition that other travel fees be reimbursed by the local building official chapter (City cost not to exceed $800). if you have questions, you may contact me at 320-234-4258. 5 (e~ ~. ~ ~ ~ ~~~ ~~~ ~~ ~~ ~~~~ ~ ~~.~ c~ ~6 ~. ' ~. :~ ~ ~ V' ~ ~~ ~~ ~ ~ ~ S~.Y ~ CC' ~ ~ ~j, QG7 fly w ?d1 ~ ~ ' ~ ~ q], ~ ~, ~ ~' ~ ~ ~ ~ _ .ate QA'A J '"C ~ +~ " '~'[~ ~$^ .W "m.. r+' . , rnr ,, ~ k7y ~.7 ~ (:G] V7 ~ '" ' ~. q ~ .. ~ ~ . `° "' cv a -- a yr r- ~ cis e cz? ~ ~ n tp ~ ~ ~ ~ ~ ~ C k Ca ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~° ~ . ~• ~ ~ . ~ ~ ~ ~ ~ ~, as ~r _ ~ ~ -" 1 .^ .C Gi ~ "-~ x'"' n - ' r Cr. u T ,..~ ~ ~ C ~, , p may, ~ ~ w ~' m i7' D ~ ~ O -' ~ ~ ".~ c. ~T ~, ~ ~ O ~ &_ '• "~„7 ~ -. 617 '~ _ ` ' ~ ~ '~ ~ L ~ r ~ '~ ~ 4A Z ". ~° .. ~. ~ .~ ~ C ^" J ,J J 7 11 ~ ~ 'Clr '°~ {q c `~~ ~ , vi SN CJ Rf1 CG ~ = ~,„ ,~ _ f i C T _' V ~- ~ ~ CL5 C ~ ~ TT 4 ~' ~ S7' „" ~. , ~- fi4 ~, 46T r7 f} ~'~~ e 4 L ro `' I J T "~ ° :~. ~ ~ ~ ~a a~, ~ ° ~ ~ °, .w r tta ,~ ~'~ t m ~ w L. a ~ ~ ~ ~. ~' ~ ~ ~ ~ ~" ~ ~ ~n ro ~' ~ - ~ ~° a ~ ~ ~' ro N ; ~ +~ ra era ~ ~ ~' , ~ ra ~ ; ~ ~ 6Ca ~ ~ ~ ~` ~,a ~ ~ ~ "~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~, ~ „~ ~ ~a ~ ~ ~~ ~1 ~ ~ ~ 6~a RESOLUTION No. lzzzo RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND LOT 5PL1T REQUESTED BY RTM RESTAURANT GROUP FOR CONSTRUCTION OF AN ARBY'S RETAURANT LOCATED AT 1340 HWY 15 S BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP HUTCIIINSON, MN: FINDINGS 1. RTM Restaurant Group and Ryan Companies, have applied for a conditional use permit and lot split to construct a drive-thru service on the proposed Arby's development. LEGAL DESCRIPTION: As attached in Exhibit A 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anttetpated traffic conditions, and the effect on values ofproperties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the genera] purpose and intent of the 'Coning Ordinance and the Comprehenstvc Plan, tf the conditions, as outlined below are met. CONCLUSION T7te City Council hereby approves the lot split with the following conditions: The lot split must re0cct an allowance for cross parking arrangements and also easements to the other properties for the main access drive on the western portion of the ]ot. Adopted by the City Council this 12`t' day of August, 2003. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgcrson Mayor ~c~) ~''~4P~.~7 ~ ~~~~ I:~~~~~k °~C~~~Pt, ~'~~~raCJtl ~ ~~S~C~ irv~uv~~~r ~ ~ ~. '' ~"C39 t ~~ t _-~ - ~i~h~9'{1~7~ SCN~ i a~ bad , ~,~~~~, _ - ~. t73~ 371 •~-Iw~3 ~NNhAW~(7 ,. . ~ •pard~i~y ~~ wwa-~wgy,: fi~~C. ;hVa scw~"s'+K 69i :"kbi .~.r.- ~ ~.~...--. .,,, ......~,._... ~° yy__gg 77 77 yy 7JS~x X04:: MeN 'WaMC.1Aru~.. 'a v"hhdMS ~tS~Mia ~atOnw .... ..~...-.„..~ ~.~~-.. _.,~.... 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J'J+rwrcNF1 w~ d ~ Y ~ ~~ ~"D d1 ~ ` 1 ~" „~~ ~3~r wA " ~;, ~y , ,.~ ~w ~ 5 N y egy ~ qw~~s "~. ~ »J ~,] Y~ ~t G c~ ~ d a.'` O. 6~ k ~, "' ~ ~ +~ Irv: a &. NSA "' wV ~~ r~^r* ~ CY ,gy, w t .tir 'J+IT ~~-~. C34J ~kw a ~Cq '~ ~'' d~ ~;~z ~ ^ro ~, w „' 'qqp C G w.y V b ~ ~W 4r w F `~ °' Mry "'S +t Q ~ a ~ x '~ ~ +~ »° ~: ~" SA ~'~ ~ 9 ~ N ~~ . ~' fie` ~~:~`~"~ ~~". UU ~~ ~ ~f~ SY ~S '~~~. ~ ~~~{~~ ,~ ~ W ~ a . ~'., Ak h w .~. ' W Oy `~ RjTyy 6~ ~ ~ W k 'q ;;e ~,~ .°~" .. n ~J ~~~~ o ~.~u~ ~ .~ a"'~,t~e r ~ ..-^~_ ~ V v ~ ~~ ~ _ ~ .a R9 ~ ~ ~b{ _~ ~ ~ ti • __. August 5, 2003 Ms. Melissa Starke Administrative Secretary HU'I'CHINSON CITY CENTER 111 Hassan St. SE Hutchinson, MN 55350 Re: Application -Gambling License Gold Coin Dear Ms. Starke: Pursuant to our recent conversations concerning a permit for lawful gambling . at the Gold Coin in Hutchinson, enclosed herewith is the original and one copy of the Application form, Board Minutes designating me as the Gambling Manager, and membership list. In addition, a draft in the amount of $700.00 has been enclosed as and for the fee. If you should need any additional information concerning this matter, please don't hesitate to contact me. 1 can be reached at either the above address, or my daytime telephone number of (320J 587-D305. Thank you. Very truly yours, I~Ill'ICI-I]N5ON HOCKEY AS5OCIATI4N, INC- ~~ ~_ ~,L- Carnl A. rson Gambling Manager CAP Enclosures r~ LJ RO. f3ox 594, Hutchinson, MN 55350 `, / 1 fiEE City of Hutchinson $100.00 F.PPLICATION FOR GAMBLING DEVICES LICENSE Approved by: Building _ Fire Application shall be submitted at Police ~~ least ____ days prior to the Gambling occasion I, Ixau las G. x hart AND 1, Carol A. Peterson Name of Authorized Officer of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game of gambling in accordance with the previsions of the City of Hutchinson Ordinance N0. b55 and Minnesota Statutes Chapter X49 for the license year ending 2903 Signatures: Authorized Officer of Organization Designaterd ambling Manager of organization A. The following is to be completed by t'r.e duly authorized officer of the organization: . 1. True Name: xephart Douglas G. (last) (first) (middle) 2. Residence Address: 77052 CSAH 18 Dassel MN 55325 (street) (city) (state) (zip) 3. Date of Birth: 04 15/fi4 Q. Place of Birt h Osage, IA (:ao/day/year) (city/state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes Np x Tf Yes, explain ~_ B. The following is to be completed by the designated gambling manager of organization: 1. True Name: Peterson Carol A_ (last) (first) (middle) 2. Residence Address: 16938 Nature Ave. Hutchinson MN 55350 (street) (city) (state) (zip) 3. Date of Birth: 12/31/fi6 4, place of Birth: Litchfield,MN (mo/day/Year) (city/state) ~~g) 5. Have you ever been convicted of any crime other than a traffic offense? Yes 13o x If yes, expJ.ain 6. How long have you been a member of the organization? 3 yrs. 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 Gold Coin 2. Date or dates gambling devices will be used Monaay -_Saturdav (date and/or day(s) 3. Hours of the day gambling devices will be used: of week) From 5:00 Asks To 1:00 A.M. P.M. ~M. 4. 'riaximum number of players 5. Will pr;zes be paid in money or merchandise? _ Money 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 x__ NO p. Organization Information: 1, Address where regular meetings are held Hutchinson Fire Hall 2. pay and time of meetings 7:00 p. m_ Fourth Wednesday of each month. 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes x Na 4. How long has the organization been in existence? 30 years ~a. How many members in the organization? Approx. 250 5. What is the purpose of the organization? Youth Hockey 6. Officers of the Organization: Name Address Title Douglas Kephart ~ 71052 CSAH 18 Dassel MN 55325 President Robert Hantge 1210 Lewis Ave. SW, Hutchinson, MN 55350 Treas. Juli Peterson 7-9th ave. Nw Hutchinson MN 5535U Sec. 7. Give names oS officers ar any other persons paid for services to the organization: Name Address Tit3.e Carol A Peterson 16938 Nature Ave_, Hutchinson, MN 5535D Gambling Mgr_ • Dave Graf SO5 Crai ave. SW Hutchinson, MN 55350 _ASSt. Gambling MgF. 5(~ D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name _ Carol.A~ Peterson i9ddress 16938 Nature Ave., Hutohinson 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 A'ame of Insurer and Policy No. 10. Have you (N:anager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? Yes.' 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding company Tri-state insurance Cainpany of Minnesota 2. Address of bonding company Luverne, Minnesota 3. Amount and duration of bond $10,000__ 8 101 to_8/11/04 k. Application is hereby made for waiver of the bonding requirements. Yes No x 1 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 gambling, ~ ize myself with the contents thereof. NATIA~'N'N aweau erxetsrnsat ~. 1.,., ..ten, -~- NOTARY PUBLIGM181ESOTA ney camm.E~ra..len.a'•xaos Signature of authorized officer of organization • Date: ~~/G 3 - Su scribed and ~spw~orn to efore me a notary ]nublic on this 5/h day of ignature of Notar} Public Commission expires on ~~l ~>~- Subscribed and sworn to before me a notary public on this day of 2003 Signature of Notary Public Commission expires on Social Security Number: 484'}639v~ MN Business ID Number: 2469694 (Douglas G. Kephart) (Hutchinson Hockey) ...)l ~ ) i;]~~b'rT T~Y'm City of Hutchinson J • FEE: $25.00 P.FPLICATIDN FOR GAM$LING DEVICES LICENSE hpproved by: Building _____ Fire Application shall be submitted at Police least days prior to the Gambling /occasion ~ ~ ,~.~. AND ~, "/C{C! c~~~tCf~ I, - Nam of Autho iced Officer of Name of Designated 'Gambling Organization 1-Tanager Hereby submit in duplicate this application for a license to conduct the game of gamblingin accordance with the provisions of the City of Hutchinson Ordinance ND. b55 and Minnesota Statutes Chapter 349 for the license year ending 2 yo - Signatures: Autha •zed Offi er of Organization s gna Gambling Manager of organization A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: ~~,;~c;; f7cact~/u.s ' k6•~4,y,~J (last) (first) {middle) 2. Residence Address: /779r k11r~Ae~ ~}V6 ~~~fi~~•as.~ Nhl ;SJSt7_ (street) (city) (state) (zip) 3. Date of firth: //-//- // _ 4. Place of Birth I}~Ir~/•n5r„ Mi~.l (mo/day/year) (city/state) 5. Rave you ever been convicted of any crime other than a traffic offense? Xes Na ~,_. if Xes, explain $. The following is to be completed by the designated gambling manage: of organization: ~~ 1. True Name: ~ ~ ~ (last) / 11 (first) (~- (middle) 2. Residence Address: ~ `~S0~'1 ~d ~ !J''~~'~y7 ~~ ~3se~ (street) (city) (state) (zip) 3, bate of firth: 4 • Flace of firth: Wlr]~s~~W- ~Wr~ (mo/day/year) (city/state) ~C h) 5. Y,ave you ever been convicted or anv crime other than a traffic offense? Yes No [~. If yes, explain ~j. HOW long have you been a member of the organization? ~_ 7. Attach a copy of the official resolution or official action designating you gambling menager. C. Game Information: 1. Place where gambling devices will be used ~1~•rr,(~~~o""'" ~~`M~ r 2. Date or dates gambling devices will be used '~ ~ (date and/or day(s) of week) 3, flours of the day gambling devices will be used: From A.M. To A.N,. dCl P-M• ~U,6c P.N,. Q. Maximum number of players 5. Will pr~zes be paid in money or merchandise? 6. Will refreshments be served during the time the gambling devices will be used? Yes ~ No If so, will a charge be made for such refreshmen s? Yes C~ NO C7 D. Organization Information: 1. Address where regular meetings are held ~GKS L ~aG~ oR N:rt^kt= .~w~~µlfC~- ~, pay and time of meetings wl~ S J.~~r 3. Ts the applicant organization organized under the laws of the State of Minnesota? Yes ~„^ Ne ~. Now long has the organization been in existence? /57 S Qa. How many members in the organization? / ~ 5. What is the purpose of the organization? D([ ruNP R~~s~~ 6. Officers of the Organization: Name Address ~k~+~y~~ ~-yT-itle lli J ~ p ~w~/ ~ ~~~--Cvcjcr~lTc+. /~~ ~ M^H ~`3STJ / (+r~°°5c`ti- ,,~- ~'`+~ -- ~~7f>' wnCl7uU A/E k/rn~~~+sax H"% CdA~il2 M9 /f A.' ~. Give names of officers or any other persons paid for services to the organization: Name Address Title ,Ch) C` J D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name 17oub4 cJsbwsow Address kvi~ ,rs hl3GU~ 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 luame of Insurer and Policy No. 10. Have you (taanager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, ann regulations governing the operation and use of gambling devices? 11. Attach a list of all active members of the organization. The followYng information is provided concerning a fidelity bond given by the gamblin onager in favor of the organization. 1. Name of b~o\ding co~o any 2. Address of 'ban~ng company 3. Amount and d~ ation of bond ~. Applicationn is ereby made for waiver of the bonding requireuyknts. Y No E i declare that the informat~ibn 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 gambling, and I will familiarize myself with the contents thereof. 5i.gnature of authorized officer of organiRzation Aate: _k~5'-t~ 3 _ Subscribed and sworn to before me a notary public on this day of 19 ~ Signature of Notary Public Commission ex pires on ., /' Subscribed and sworn t~efore rtKe a notary public on this day of 19 Signa a of Notary Public Commis ion xpires on r Social Security Number MN Business TA Numher: • / ~~~ RESOLUTION N0.12235 REVISED RESOLUTION DECLARING COST TO 8E ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5084 B ASSESSMENT ROLL NO. 5065 LETTING N0. 5/PROJECT NOS. 03-12 B D3-191S.A.P. NO. 133-131-01 & 133-117-12lSEH NO. A-HUTCHD301.00 & LETTING NO. 13/PROJECT NOS. 03-15 8 03-23 WHEREAS, cost has been determined far the improvement oi: LS/Project No. 03'12: Edmonton Ave SE from Montreal St SE to Jefferson St SE by construction of storm Sewer, sanitary sewer & services, watermain & servk;es, grading, gravel base, bituminous base, bituminous surfacing, trail and appurtenances L5/Project No. 03-19: TH 7 Frontage Rpad--East of School Road by construction of Street relocation, trail and appurtenances L13/Project No. 03-15: Rolling Meadows Pond Modifications: Construction of storm sewer, outlet and inlet structure modification, street restoration, landscaping and appurtenances to increase the capacity of the pond outlet to reduce the potential for panel overtopping; L131Project Ne. 03-23: Grove Street Drainage Improvements (5th Ave SW): Construction of storm sewer, landscaping and appurtenances to provide access for rear-yard drainage improvements. The bid price for Letting 5/Project Nos. 03-12 & 03-19 is $1,302,814.93 and the expenses incurred or to be incurred in the making of such improvement amount to $364,788.18 so that the total cost of the improvement will be $1,667,603.12. Tha bid price does not include trunk sewer costs of $38,416.25. • The bid price for Letting No. 13/Project Nos. 03-15 & 03-23 is $59, 050.13 and the expanses incurred or to be incurred in the making of such Improvement amount to $29,077.04 so that the total cost of the improvement will be $88,127.17. NOW, THEREFDRE, BE IT RESOLVED BY TWE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of Letting No. 5/Project Nos. 03-12 8 03-19 to be paid by the City is hereby declared to be $1,371.060.13 and the portion of the cost to be assessed against benefited property owners is declared to be $404,670.16 and $38,416.25 for Trunk Sewer Assessments. 2. The portion of the Cost of Letting No. 13/Project Nos. 03-15 & 03-23 to be paid by the City is hereby declared to be $88,127.17 and the portion of the cost to be assessed against benefited property owners is declared to be $D.00. 3. Assessments shall be payable In equal annual installments eMending aver a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2004 and shall bear interest at the rate of percent per annum from November 1, 2003. 4. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate thB proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 5. The City Administrator shall, upon the completion oT Such proposed assessment, notify the Council thereof. J Adopted by the Council this 12th day of August 2003. Mayor Glty ~(~t~ RESOLUTION NO. 12236 REVISED RESOLUTION FDR HEARING ON PROPOSED ASSESSMENT • ASSESSMENT ROLL NO. 5064 $ ASSESSMENT ROLL NO. 5065 LETTING NO. 5/PROJECT NOS. 03-12 & 03-19lS.A.P. NO. 133.131-01 8 133-117-1275EH NO. A-HUTCH0301.00 & LETTING NO. 13lPROJECT NOS. 03-15 $ 03-23 WHEREAS, by a resolution passed by the Ccuncil on the 22nd day of July 2003, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving: L5/Project No. 03-12: Edmonton Ave SE from Montreal St SE to Jefferson St SE by construction of storm sewer, sanitary sewer & services, watermain $ services, grading, gravel base, bituminous base, bituminous surfacing, trail and appurtenances L5/Project No. 03-19: TH 7 Frontage Road -East of School Road by construction of street relocation, trail and appurtenances L13/Project No. 03-15: Rolling Meadows Pond Modifications: Construction of storm sewer, outlet and inlet structure modification, street restoration, landscaping and appurtenances to increase the capacity of the pond cutlet to reduce the potential for pond overtopping; L13/Project No. 03-23: Grove Street Drainage Improvements (5th Ave SW): Construction of storm sewer, landscaping and appurtenances to provide access for rear- yard drainage improvements WHEREAS, the ^irector of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYflF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 26th day of August 2003, in the Council Chambers at Hutchinson City Center at 6:OD P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an oppcrfunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest acerued to the date of payment, to the CityAdministrator, except that no interest shall be charged if the entire assessmeni is paid by November 14th, 2003. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through lecember 31 of the succeeding year. Adopted by the Council this 12th day of August 2D03. LJ Mayor City Administrator 5(~,) r• COM%LED BY: P VA EH ASSESSMENT ROLL NO. 50 5266.8542 PER UNIT COST COMPUTED BY: J RODEBERG LETTING N2 51PROJECT NOS. 03.12 8 43.1875AP 133-131-01 8 133-117-12 CHECKER eY. P. YAN DER PEEN EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON ST SE 1ST HEARING: 05!27!2403 NUWBER OF YEARS: 10 BY CONSTRUCTNIN OF STORM SEWER, SANRARY SEWER 85ERVICE3, WATERMAIN 83ERYICES, 2N0 HEARING: 4Bl2612003 HTEREST RATE: GRADING, GRAVEL BASE, BITUMNOU3 BASE BITIlNIN0U3 SURFACING & APPURTENANCES AOOPTEU: ACCOUN7 NO. CnY PIO NO. COUNTY PIB NO. NAME BAODRESS OF PROPERTY OWNER LEGAL OESCPoPTION ROORgN OR SUB0117510N UNR5 STREET ASSESS. CREDR TOTAL ACTNE ASSESS. 1 67-116-23-11-6020 Rolling Green Inc Property Address: 1350 Bradford St SE 15525 32nd Ave N Outlo[ B 23.441.0230 Plymouth MN 55447 Summerset Addition 72 $20,653.50 $O.DO 520,653.50 2 07-116-29-06-093Q Rolling Green Inc Property Address:1286 Shenvoad St SE '15525 32nd Ave N Outlo€ C 23.441.0240 Plymouth MN 55447 Summerset Addition 62.25 $17,856.67 $0.00 517,856.67 3 07-116-29-67-4020 ROlling Green lnc Property Address: 15525 32nd Ave N LGt 1, Block 1 23.445.0010 Plymouth MN 55447 Summerset Second Addition 1 $266.85 $0.00 $286.65 4 07-116-29-07-1030 Rolling Green Inc Property Address: 15525 32nd Ave N Lot 2, Block 1 23.445.D020 Plymouth MN 55447 Summerset Second Addition 1 5286.85 50.00 $288.85 5 07-115-23-07-1040 Rolling Green Inc Property Address: 15525 32nd Ave N Lot 3, Block 1 23.445.0030 Plymouth MN 55447 Summerset Second Addition 1 5286.85 50.00 5286.85 6 07-116-29-10-0030 Rolling Green Inc Property Address:1291 Sherwood S[ SE 15525 32nd Ave N Lo[ 4, Block 1, 23.445.0640 Plymouth MN 55447 Summerset Second Addition 1 5286.85 50.00 5286.85 7 07-]16-29-16-0040 RG81ing Green Inc Property Address:1290 Suni~urst Way SE 15525 32nd Ave N Lo[ 5, Block 1, 23.445.0050 Plymouth MN 55447 Summerset Second Addition 1 5286.85 50.00 5286.85 8 07-11 E29-1U-17050 Rolling Green Inc Property Address:1289 Sunburst Way SE ]5525 32nd Ave N Lot 2, Block 2 23.445.0080 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $6.00 $286.85 9 07-116-29-1D-0060 Rolling Green Enc Properly Address:1278 Denver Ave SE 15525 32nd Ave N Lot 3, Black 2 23.445.OD90 Plymoutll MN 55447 Summerset Second Addition 1 $266.85 $0.00 $286.65 10 07-176-29-07-]070 First Class Builders Property Address:1272 Denver Ave SE 902 Hwy 15 South, Ste 100 Lot 4, Block 2 23.445.0]00 Hutchinson MN 55350 Summerset Second Addition 1 5286.85 SO.D6 $288.85 `/ 54506u2C03 LETTING NO. 11PAGE 1 OF e cotplLED Br: Pv EER ASSESSMENT ROLL NO.50 5285.8542 PER UNIT COST C01,FWED BY: J RODEBERG LETTING NO. 51PROJECT NOS. 03.12 & OS-1915AP 133-131-01 8 133.117.12 CHECKED BY: P. VARDER PEER EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON 57 SE 35T HEARING: 05127!2003 NUMBER OF YEARS: 10 BY CONSTRUCTION OF STORM SEWER, SANRARY SEWER 3 SERVICES, WATERAWN 8 SERVICES, 2ND HEARING: 08120l20a3 INTEREST RATE: GRADING, GRAVEL BASE, BRUMINDllS BASE, BRUMINOUS SURFACING BAPPURTENANCE3 ADOPTED: ACCODNT NO. CnY PID NO. COUNTY %D NO. NAI,E BADDRESS OF PROPERTYOWNER LEGAL DESCRIPTION ADDRIDN OR SllSpV610N UNITS STREET ASSESS. CREDR TOTAL ACTIVE ASSESS. 11 07-t 15-29-07-1D89 Rolling Green lnc Property Address:1266 Denver Ave SE 15525 32nd Ave N Lot 5, Block 2 23.445.0! 10 Plymouth MN 55447 Summerset Second Addition 1 5286.85 50.00 5286.85 12 07-116-29-W-109D Rolling Green Inc Property Address: 126D Denver Ave SE 15525 32nd Ave N Lot 6, Block 2 23.445.0120 Plymouth MN 55447 Summerset Second Addition 1 5286.85 50.00 5286.85 13 07-116-29-07-1 tOD Rolling Green Inc Property Address: 1247 Denver Ave SE 15525 32nd Ave N Lot 1, Black 3 23.445.D130 Plymouth MN 55447 Summerset Second Addition 1 5286.85 $0.90 5285.85 14 D7-116-29-D7-1110 Rolling Green Inc Property Address: 126! Denver Ave SE 15525 32nd Ave N Lot 2, Block 3 23.445.0140 Plymwuth MN 55447 Summerset Second Addition 1 $286.85 $0.00 $286.85 15 07-116-29-07-1120 Rdling Green Inc Property Address: 1255 Denier Ave SE 15525 32nd Ave N Lot 3. Block 3 23.445.0150 Plymouth MN 55447 Summerse[Secand Addition 1 $286.85 $0.00 $286.85 16 07-116-29-07-1136 Rolling Green Inc Property Address: 1259 Denver Ave SE 35525 32nd Ave N Lot 4, Block 3 23.445.0160 Plymouth MN 55447 Summerset Second Addition 1 5286.85 SD.DD 5286.85 17 07-11fi-29-07-1140 Rolling Green Inc Property Address: 1263 Denver Ave SE 15525 32nd Ave N Lot 5, Block 3 23.445.0!70 Plymouth MN 55447 Summerset Second Addition 1 5286.85 50.00 5285.85 18 D7-116-29-10-0070 Rolling Green Inc Property Address:1267 Denver Ave SE 15525 32nd Ave N Lot fi, Black 3 23.445.0180 Plynwuth MN 55447 Summerset Sewnd Add@ion ! 5286.85 $0.00 $286.85 19 07-1 t6-29-10-0080 Rdling Green Inc Property Address:1271 Denver Ave SE 15525 32nd Ave N Lot 7, Block 3 23.445.0190 Plymouth MN 55447 SummerseE Second Addition 1 $286.85 $0.00 $286.85 20 07-116-29-10-0090 Rdling Green Inc Properly Address:1275 Denver Ave SE 15525 32nd Ave N Lot 8, Block 3 23.445.020D Plymouth MN 55447 Summerset Second Addition 1 $286.85 $D.00 $286.85 V1 ~\ J SA-W eL2003 LETTING Na. LPAGE 2 OE 6 ~ ~ S corwlLE6 Br: P V EEH ASSESSMENT ROLL NO. 5 5286.6542 PER [iNR CO5T cowurE6 av: d RoBEBERG LETTING NO. 51PROJECT NOS. 83.12 & 83.1915AP 133-131-01 & 133.117.12 CHECKED 8Y: P. VANDER VEEN EOM ONTON AVE SE FROM MONTREAL 57 SE TO JEFFERSON 5T SE 1ST HEARING: 05!27!2003 HUMBER OF YEARS: f0 BY CONSTRUCTION OF STGRM SEWER, SANITARY SEWER 85ERYICES, WATERNVUN & SERVICES. 2ND HEARING: 86l2672O83 INTEREST RATE; GRADING, GRAVEL BASE. BITUMNOUS BASE, BITUMINOUS SURFACING 8 A PPURTENANCES ADOPTED: ACCWNT NO. CITY PIB HO. COUNTY P® NO. NAME&AOORESS GF PROPERTY OWNER LEGAL OESCRIPigN ATJOIrgN OR SUBOniISION UNRS STREET AS$~S. CREOR TOTAL ACTRlE ASSE33. 21 07-116-29-70-0100 Rdling Green Inc Property Address:12790enver Ave SE 15525 32nd Ave N Lot 9, Block 3 23.445.0216 Pymouth MN 55447 SummerselSeoandAdd@ion 1 $288.85 $0.00 5286.85 22 D7-116-29-1(}-0110 Rolling Green Inc Property Address:1283 Denver Ave SE 15525 32nd Ave N Lof 10, Block 3 23.445.0220 Plymouth MN 55447 Summerset Second Addition 1 $28$.85 $0.90 528fi.85 23 07-116-29-}(}9120 Rolling Green Inc Property Address:1287 Denver Ave SE 15525 32nd Ave N Lot 11, BlGCk 3 23.445.0230 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $0.00 5288.85 24 D7-116-29-10-0130 Rolling Green Inc Property Address:1291 Denver Ave SE 15525 32nd Ave N Lot 12, Block 3 23.445.0240 Plymouth MN 55447 Summerse[Second Addition 1 $286.85 $0.00 5286.85 25 D7-118-29-10.0140 Rdling Green Inc Properly Address:12950enver Ave SE 15525 32nd Ave N Laf 13, Block 3 23.445.0250 Plymouth MN 55447 Summerse[Secand AtldBion 1 $286.85 $0.00 5286.85 26 07-116-29-70.9150 Rdling Green Inc Property Atldress:1299 Denver Ave SE 15525 32nd Ave N Lot 14, Block 3 23.445.11260 Plymouth MN 55447 Summersel Second Addition 1 $286.85 $0.00 5286.85 27 07-1t6-29-1D-0160 Rdling Green Inc Properly Address:1315Sherwoo4 SISE 15525 32nd Ave N Lot 15, Block 3 23.445.0270 PlymoutR MN 55447 Summerset Second Addilian 1 $286.85 $0.00 $286.65 28 07-11Fr29-10-0170 Rolling Greenlnc Properly Address~13275hervroadS[SE '15525 32nd Ave N Lot 16, Block 3 23.445.0280 Plymouth MN 55447 Summerset SecorK7 Addition 1 5286.85 SD.OO $266.85 29 07-116-29-10-0180 Rollirg Green Inc Property Address:7339 Sherwood S! SE 15525 32nd Ave N Lot 17, Block 3 23A45.029D Plymouth MN 55447 Summerset Second Addition 1 5286.85 SD.00 5286.85 30 07-116-29-10-0190 Rolling Green Inc Property Addressa359 Sherwood Sl SE 15525 32nd Ave N Lot 38, Block 3 23.445.D300 Plymouth MN 55447 Summerset Second Addition 1 5286.65 SO.OD 5266.85 1~ V' 1 S4-Sp6'; M03 LETTING NO. 11PAGE 3 OF 6 /~ ___ a ~ ~ COIiILED BY: P VA EN ASSESSh9ENT ROIL NO. 50 5286.6542 PER UNR COST COI.pUrEO BY: J ROGEBERG LETTING NO. 51PROJ ECT NO5. 03-12 & 03-79lSAP 133-131-01 8 133-177-12 CHECXEO BY: P- VANGER VEEN EDMONTON AVE SE FROM MONTREAL 5T SE TO JEFFERSON 5T SE 1ST HEARING: 05127!2003 NUMBEROF YEARS: f0 BY CONSTRUCTION OFS70RMSEWER,SANRARYSEWER85ERViCES, WATERLWN &SERVICEG, 2ND HEARING: 0 812 672 0 0 3 INTEREBi RATE: GRACING, GRAVEL BASE, BmUMINOUS BASE, BRUMINOUS SURFACING BAPPURfENANCES ADOPTED: ACCOUfr 3q- CRY PIG RO. COUNTY PIG NO. NAiE BAGGfEESS OF PfIOPERTYOWNER €EGAl DESCRIPrIOiL AOGrrIOR OR SUBGM9DN VNIFS 37REET A4SE33. CREGm T07AL ACTIVE PS.RES3. 33 67-316-29-10-0200 Rolling Green Inc Property Address:1363 Sherwood SI SE 15525 32nd Ave N Lot 19, BlGCk 3 23.445.0310 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $6.00 5286,85 32 07-t 1fi-29-10-02i0 Rolling Green Inc Property Address:1375 Sherwood St SE 15525 32nd Ave N Lot 20, Block 3 23.445.D320 Plymou8~ MN 55447 Summerset Second Addition 1 $286.85 $O.DO 5286.85 33 07-116-29-10-0220 Raking Green Inc Property Address:1387 Sherwood St SE 15525 32nd Ave N Lat 21, Block 3 23.445.0330 Plymou8r MN 55447 Summerset Second Addition 1 $286.85 $O.DO (286.85 34 07-11fi-29-10-0230 Rolling Green Inc Properly Address:200 Eau Claire St SE 15525 32nd Ave N Lot 1, Block 4 23.445.0340 Plymouth MN 55447 Summerset Second Addition 3 $286.85 $0.00 5286.85 35 07-118-29-10-0240 Rolling Green Inc Property Address:204 Eau Claire St SE 15525 32nd Are N Lot 2, Block 4 23.445.0350 Plymouth MN 55447 Summerset Second Addition 1 $286.85 $0.00 5286.85 36 07-116-29-07-1150 Raging Green Inc Property Address: 1280 Sherwood SI SE 15525 32nd Ave N OuBOt A 23.445.0360 Plymouth MN 55447 Summerset Second Addition 4 $1,147.42 $0.00 $1,747.42 37 07-i 16-29-11-0020 Rolling Green [nc Property Address:1350 Bradford St SE 15525 32nd Ave N OuBot B 23.441.0230 Plymouth MN 55447 Summerset Addition 1 $266.85 $0.06 $286.65 38 07-116-29-11-003D Menard Inc Property Address:3380 Bradford St SE 4777 Menard Or Outlot ~ 23.441.0250 Eau Claire WE 54703 5urnmerset Addition 1 $286.85 SD-OD 5286.85 SUB TOTAL 173.25 549,691.49 50.00 $49,697.44 v ' S1-5U'a1f20N LEFTik.i NO 11PAGE 4 OF 6 /-~ ~f r• ~ COIIPILE96Y: P V EN ASSESSMENT ROLL NO. 50 $92,582.Ofi LUMP SUM= COMPITfEO BY: J RODEBERG LETTING NO. 57PROJECT NOS. 03-12 & 03~49lSAP 133.131.99 & 133.117.12 cHEORED Br: P. VAN DER vEEN EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON 3T SE 7ST HEARING: 0 51 2 7129 03 NUNBER OF YEARS: f0 BY CONSTRUCTION OF STORM SEWER, SANITARY SEWER 8 SERYICE3, WATERMAIN 8 SERVICES, 2ND HEARING: 0672872003 INTEREST RATE: GRADING, GRAVEL BAS E, BITUMINOUS BASE, BITUMNOUSSURFAGING 8 APPURTENANCES ADOPTED: AOCOUN7 NO. CITY PID ND. COUNTY PID ND. NAME&AODRE33 OF PROPERTY OWNER LEGAL DESCRIFTgN ADDITION OR 3UBDIY1310R UNRS STREET ASSESS. CREDR 70TAL ACTIVE ASSESS. 39 07-116-29-09-0030 Hutchinson Ladd Holding LLC Property Addre55:400 Edmonton Ave SE 2455 12th St E Lo[ 13 23.230.0125 St Cloud MN 56304 Aud Plat Section 07-116-29 40.63 AC 1 $92,582.06 50.00 $92,582.06 SUB-TOTAL $92,582.06 30.00 592,582.06 `~ 9:-5^B U2:G3 LETTING NO. 1; PAGE 5 OF 6 V ~~ COMPILER BY: P VAN EN ASSESSMENT ROLL NO. 50 $262,390.61 LUMP SUM COMPVrE6 BY: J ROBEBER6 LETTING NO. SIPROJEC7 NOS. 03.12 8 03-187SAP 433-731-04 & i33-017.12 cNECNEO Br: P. vAN OER VEEN EDMONTON AYE SE FROM MONTREAL ST SE TO JEFFERSON ST SE 43T HEARING: 05!27!2003 NVNIBER OF YEARS: 1^ BY CUNSTRVCTICN OF STORM SEIVER,SPNRARYSEWER83ERYICES,WATERMPJN 85ERY1CE5, 2ND HEARING: OB726J2003 BLTEREST RAiE: GRADING. GRA4EL BASE, BITUMN0V5 BiSE, BITUMNOUS SURFACING & APPURTENA NCES ADarrED: ACCWNT NO. CRY Pm NO. CDUNIY Pln NO. NAB 8 ABIXiE35 OF PROPERTY OW7FER EEGAL LESCRlPT1ON AEI6RION OR SUBIXYISM]N VNRS STREET ASSESS. CRE<)R ToTa~ ACiNE ASSE33. 46 07-116-29-12-0020 Menard lnc Property Address:44S0 Montreal St SE lass Arres~a~.zl aces=xi.o3?°I 4777 Menard Dr Lot 1, Block 1 23.237.001D Eau Claire WI 54763 Menard Addition 21.06°1° $55,259.46 $OA6 555,259.46 41 07-116-29-12-0030 Menard Inc Property Address:4450 Montreal St SE (3.6?auesiatx`ACres=9<OSi] 4777 Menard Or Lot 4, Blocc 2 23.237.0020 Eau Claire WI 54703 Menard Addition 9.409'° $24,664.72 S6.6o- 524,864.72 42 07-11fi-29-13-0010 Menard Inc Property Address:1550 Montreal St SE (7.35 Raes<'12`. Acres=19.83+',) 4777 Menard Dr Lot 4, Block 3 23237.0030 Eau Claire W 154703 Menard Addition '17.83°~ 546,784.25 $0.00 $46,784.25 43 W-116-29-13-0020 Menard Inc Property Address:1525 MonVeal S! Se (2 ~.31 Rves!<~.y Ages =515' :6j 4777 Menard Dr Lot 1, Block4 23.237.0040 Eau Claire WI 54703 Menard Addition 51.71% 5135,682.48 $0.00 $135,682.38 SUB-TOTAL iBO.oox 5262,39D.61 50.00 $282,390.64 TOTAL-ASSESSMENT ROLL NO. 5064 5464,670.16 50.00 $404,670.18 I !-n SAhU3L2003 LETTING ND. 1~PAGE 6 OF 6 .. COMPILED BY: P VAN EN ASSESSMENT ROLL NO. 50 538,416.2500 LUMP SUM COMPUFED BY: J RODEBERG LETTING NO. 51PROJ ECT NOS. 03.12 8 03-1915AP 133-131-01 & 133-1 tt-12 CHECI~D 6Y: P. VANDER VEEN EDMONTON AVE SE FROM MONTREAL ST SE TO JEFFERSON ST SE 1ST HEARING: 05127800.3 RuMSEROPrEARS: iP SOU7HWIN0 SUBOINSION 2ND HEARING: 0 812 612 0 43 nrrERESr RATE: LATERAL TRUNK SEWER ANORIGHT-0F-WAY ASSESSMENT ADOPTED: ACCDUH[ 180. C1rY P1D NO. COUNTY PID NO. NAJE BAODRE33 OF PROPERTY OWNER LEGAL DESCRIPCIOH AODRIpN OR SU$DIVFSION UHRS STREET ASSESS CREDR TOTAL ACTIVE A45E35. 1 07-116-29-09-W30 Hutchinson Land Holding LLC Property Address:400 Edmonton Ave SE 2455 12th St E Lot 73 23230.0125 St Cloud MN 56304 Aud Plaf Section 07-116-29 40.63 AC 1 538,418.25 50.00 $38,418.25 70TAL -ASSESSMENT ROLL NO. 5065 $38,41fi.25 $0.00 538,416.25 r~ SA.:UFS'2~D3 LETTING NO. 5+PR0.1 N0. 03-12 - SOUrHLVIND SIIeD LATERAL TRUNK SE'R'ER AND RIGHr-0F'NRY RSSESSMENT.'PAGE 1 OF'. RESOLUTION NO. 12237 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 13 PROJECT NOS. 03-15 8 03.23 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: Project No. 03-15: Rolling Meadows Pond Modif-ications: Construction of storm sewer, outlet and inlet structure modification, street restoration, landscaping and appurtenances to Increase the Capacity of the pond outlet to reduce the potential for pond overtopping; Project Nc. 03-23: Grove Street Drainage Improvements (5th Ave SW ): Construction of storm sewer, landscaping and appurtenances to provide access for rear-yard drainage improvements to be completed by area property owners and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Juul Contracting Company of Hutchinson Mn $ 59,545.80 Duininck Bros Inc of Prinsburg MN $ 72,919.00 and whereas, it appears that Juul Contracting Company of Hutchinson MN is the lowest responsible bidder. NOW THEREFORE, 6E IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF HUTCHINSON, . MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Juul Contracting Company of Hutchinson MN, in the amount of $59,545.SD, in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefore approved by the City Ccuncil and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 12th day of August, 2003. Mayor City Administrator C~ ~c_~) PUBLISHED IN THE HUTCItINSON LEADER TUESAAY 7ULY 29 AND THURSDAY JULY 31, 2003 Publication No. 7078 Notice of Public Hearing CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA 111 Hassan Street SE, Hutchinson, MN 55350 Phone (320) 587-515] Fax (320) 234-4240 SOUTH FORK CROW RPJER SHORE LAND HABITAT PR07ECT Notice is hereby given the Hutchinson City Council will be holding a public meeting in the Council Chambers, at City Center, located at 111 Hassan Si. SB, Hutchinson, MN, on Tuesday, August 12, 2003, at 6:00 p.m. The purpose of the public hearing is to allow the public a chance to comment on the proposed South Fork Crow River Shoreland Habitat Project. The project will take place along the north side of the Crow River from Huron Street to the Second Avenue bridge and then across Second Avenue to the Fifth Avenue bridge. The work will consist of earth work reshaping the river bank and adding stone riprap. No local funds are available to complete this project without National Guard assistance. Local contractors, labor union organizations or private individuals who have questions yr wish to voice opposition of the National Guard's assistance regarding this project may contact Lawrence Winter, Parks Coordinator, Hutchinson City Centcr, 111 Hassan Street SE, Hutchinson, MN, 55350, phone (320) 234-4478. All interested persons wishing to be heard regazding this project should appear at this meeting or provide written comments al City Center no later than 4:30 p.m. on Tuesday, August ] 2, 2003. For more information or questions regarding this subject, please call the number listed above. Gary D. Plotz City Administrator `J ~~~~ Hut chins on Co mmu nity Qev elop men t C omm ission /. ~ • 70: Mayor and Gity Council From: Lisa McClure, Executive {7irector CC: Gary Plotz Date: 8/6/2003 Re: Hutchinson Special Service District The Hutchinson Downtown Association has presented the petitions to call for the public hearing regarding the establishment of the Special Service District. In doing so, the Hutchinson Downtown Association has prpvided, to downtown property owners, a list pf projects that could be undertaken should the district be established. Some of these projects are lighting in downtown, signsge, . pedestrian crossings, creating a posftion for a Downtown Coordinator, building a Farmers Market Pavilion, among others. Property owners have asked how this district will benefit them. The Hutchinson Downtown Association has responded by saying that it will improve the physical bok of downtown; group advertising will be a more prevalent activity; a Downtown Coordinator will be able to better serve the property and business owners in downtown; and that all of these activities will bring more people into the downtown area. Many property owners have signed the petition. The city received 32.9°k of the total geography of the eligible properties in the proposed district. Only eligible commercial and industrial properties signatures ware tallied. There are many property owners who stated they will not sign a "yes" petition but who will not oppose the district. In effect, there are many morn people who are interested in establishing the distract than the 32.9% who actually signed the petkion. Questions raised at the July 8, 20D3 Council meeting included the possibility of a sunset provision. This provision is not seen as beneficial to the district for a couple of reasons. First, it would be difficult for the city to bond for projects in downtown if the district was only active for five years. Second, there are ways to dissolve the district should it not work as the Hutchinson Downtown Association previously thought. Also, the question of why only 25`Y° of the net tax capacity and 25°k of the land area of property owners needed to sign the petition and not a majority of property owners was raised. In Minnesota Statute 428A.08 it states that: "Np action maybe taken under section 428A.02 unless owners of 25 percent or more of the land area of property that would be subject to service charges in the proposed special service distract and owners of 25 percent or more of the net tax capacity of property that would be subject to service charges in the proposed special servrce district file a patitpn requesting a public hearing on the proposed action with the city clerk. " • Page t c>~~ ~~~ The statute clearly states that 25% of net tax capacity is needed and 25°/a of land area 5 needed of eligible properties. The Hutchinson Downtown Associatien has followed the statute and therefore did not need a majority of property owners to sign the petitien, to proceed with the process. The Hutchinson Downtown Association sent notices to prpperty owners on August 1, 2D03. These notices included a letter, the published public hearing notices, and a statement regarding their commercial square footage and service charge. In response to a number of calls received by city staff, the County Assessor and staff will review square footage calculations upon request of the property owner. This appeal process must take place on or before August 26, 2003 at the public hearing. There are have been a number of calls regarding issues related to the Special Service District and staff has done their best to address those issues. For the most part, staff has been requesting that people provide objections in writing, which will then be brought to the City Council with possible resolutions. C~ r~ L • Page 2 c~~~) ORDINANCE NO. 03-353 ~~ AN ORpINANCE AUTHORIZING ESTABLISHMENT' OF SPECIAL SERVICE AISTRICT NO. ] WIiEREAS, the City Council of the City of Hutchinson, Minnesota (the "City) has received a petition (the "Petition") to establish Special Service District No. 1 (the "District") pursuant to Minnesota Statutes, Section 428A.02 from the owners of certain properties located within the City's downtown area. The properties located within the City's downtown area are those properties within the boundaries of the area generally illustrated in the map contained in Exhibit A attached hereto and specifically identified by current parcel identification numbers in Exhibit B attached hereto; and WHEREAS, the City Council has determined each of the following: (,~) The owners of at least twenty-five percent (25%) or more of the land area of property that would be subject to the Service Charge have signed the Petition; (B) The owners of at least twenty-five percent (25%) or more of the net tax capacity of property that would be subject to the Service Charge have signed the Petition; {C) business orrganizaiionst subject to ethe rproposed °Servi eorChazge havetvsagned the Petition; and (D) It is appropriate to establish a special service district as requested in the Petition; and WI-IEREAS, notice of the public hearing concerning the petition to establish a special service district was published in the Hutchinson Leader on duly 10 and July 24, 2003. Additionally, the City mailed notice of the hearing to the owner of record of each pazcel within the area proposed to be included within the special service district. For the purposes of giving such mailed notice, the notice was sent to those shown on the records of the County Auditor. The City Council has determined that said notices were published and sent in accordance with the requirements of Minnesota Statutes, Section 428A.02. The public hearing was held on August 12, 2003, before the Hutchinson City Council. NOW, THEREFORE, THE CITY OF HUTCHINSON ORDAINS: • SECTION 1. Establishment of District. The City hereby establishes Special Service District No. 1 pursuant to Minnesota Statutes, Sections 428A.01 through 428A.101 (the "Act") consisting of the properties within the boundaries of the area generally illustrated in the map contained in Exhibit A attached hereto and specifically identified by current parcel identification numbers in Exhibit B attached hereto. The current parcel identification numbers are subject to change in the event that parcels are combined and subdivided. SECTION 2. Services to be Performed. 2.01 Provision of Services. The City may provide or contract for special services, which may include the construction of improvements, within the District (the "Services'; except, however, chat the Services provided shall not include a service that is ordinarily provided throughout the City from the general fund rruvide or contract for Services including, but not limited to~ thefol owing: District. The City may p (a) Personnel and related expenses far the administration of services provided in the District. (b) Advertising and promotion of businesses and events in the District. (c) Construction, repair and enhancement of improvements in the District including, but not limited to, streets, sidewalks, alleys, trails, public gathering places, street lighting, public art, streetscape, pazknag, and Parks. (d) Provision, installation, maintenance, removal, and replacement of banners and other decorative'items for promotion of the District. (e) Provision, installation, maintenance, r vehicle and andestrian movementcand special relating to vehicle and bicycle parking, Pe events. (~ Provision, watering, fertilizing, maintenance, and replacement of trees, shrubbery, and • annual flowers and perennials on the publicright-of--way. (g) Conducting events for the promotion of the District. (h) Dues for membership in the Chamber of Commerce and other organizations that provide benefit to the District. (i) Provision and maintenance of a reserve fund or capital reserve fund. 2.02, Additional Services. Additional services may be provided in the District by amending the Ordinance pursuant to Section 9 herein. SEC IAN 33. Service Char a Resolution. The City may impose Service Charges to pay for the costs of the Services within the District through a Service Chazge Resolution to be adopted by the City Council pursuant to the Act. The Service Charge Resolution shall provide far the form and amount of any Service Charges to be imposed. SECS N 4• Bonds. 'The City may issue bonds to finance the costs of authori7-red improvements within the Drsmct pursuant to Minnesota Statutes, Section 428A.06. SECTION 5. Revenue Surhus• To the extent that the total of Service Chazges collected exceed the cost of services rendered within the District, at the election of the City, all or a portion of such excess amount shall either be held as a reserve to pay the cast of future services provided under this Ordinance or applied to reduce the next year's Service Charge. 2 ~~b~ SECTION 6. Adviso Board. • 7.01 Com osition and A intment. An advisory board (the "Advisory Board"), consisting of a number of members determined by the City Council, at its discretion, who are City Council members, residents of the District, owners (or their representatives) of property within the District, or operators of businesses located within the District, may be created by the City Council by resolution. At the time of adapting a resolution, the City Council may approve a set of by-laws which will govern the Advisory Board's activities. The City Council at its discretion may pass a resolution terminating or suspending the Advisory Board. 7.02 Role of Adviso Board. The Advisory Board shall advise the City Council in connection with the construction, maintenance, and operation of improvements and the furnishing of special services in the District. The Advisory Board shall recommend an annual budget to the City Council. Before the adoption of any proposal by the City Council to construct improvements or provide services within the District or to impose Service Chazges within the District, the Advisory Boazd of the District shall have an opportunity to review and comment upon the proposal or the imposition of Service Charges. The Advisory Board shall also make recommendations to the City Council on requests and complaints of owners, occupants, and users of property within the District and members of the public. 7.03 Removal and Termination. The City Council reserves for itself the right, at its sole discretion, to remove members of the Advisory Board, with or without cause, or to disband and terminate the Advisory Board before the expiration of the Disttct. SECTION 7. Chanee in District B_ oundaries. Boundaries of the District may be modified pursuant to the provisions of the Act. SECTION S. Amendments. The Ordinance may be amended by the City Council pursuant to the procedures of the Act required for the initial establishment of the District. SUCTION 9. I7eTiniHons and Construction. The terms used herein shall be defined as provided in Minnesota Statutes, Chapter 428A and this Ordinance shall be construed consistently therewith. SECTION lO.FilinE. The Gity Administrator shall send a copy of this Ordinance to the Commissioner of Revenue within thirty (30) days after adoption under the Act. SECTION 11.Effective Datc. This Ordinance shall be effective on the Forty-fifth (45th) day following adoption, which effective date shall be October 10, 2003. ADOPTED BY THE CITY COUNCIL ON THIS 26TH DAY DF AUGUST, 2003. ATTEST: . Gary D. Plotz City Administrator Marlin Torgerson Mayor 3 Dear Downtown Properly Owner: A number of property owners in downtown Hutchinson have submitted a petition, meeting the requirements inr public hearings to establish a Special Services District. If created, the district will provide more services downtown, which are paid by an assessment to properties. The County Assessor keeps records of all property's square footage. These records were used to determine the amount of commercial square footage each property would be assessed for. Enclosed is a notice of the commercial square footage and the proposed service charge for each property owner. Please review the information to make sure it is accurate. If the Information for your commercial square footage is correct, no further action is required. However, you are invited to attend two public hearings listed below. Property owners believing the square footage information may not be mrrect have until August 26, 2003 to have their square footage reviewed and changed. Property owners will oat have another opportunity to request a change for one year, and are subject to the stated assessment far 2004. To request a review of your square footage, tall Sue Schultz at the McLeod County Assessor's Office at {320) 567-4680 ext. 1255. Their office has been notified that they may receive requests to review properties, and are ready to assist. Since the changes are required to be completed by August 26, 2003, please do not delay in contacting Ms. Schultz. The Assessor's Office requires time to visit each property, and early notification will help you meet the deadline. If you choose to have the Assessor review your commercial square footage and they make changes, you must provide a written appeal to the HDA Office located at 111 Hassan Street SE. Volunteers have met most owners personally, and are working diligently to provide information about each step. If you have any questbns about the district, please feel Free to contact a volunteer listed below. As stated above, there will be two public hearings. All property owners are welcome to attend the following hearings: Special Service District Public Hearing #1 Hearing regarding the ordinance establishing the district Tuesday, August 12, 2003 at 6:OD p.m. Hutchinson City Council Chambers -City Center Special Service District Public Hearing # 2 Hearing regarding the service charge to be imposed Tuesday, August 2fi, 2003 at 6:00 p.m. Hutchinson City Council Chambers -City Center Both meetings are regular Council meetings held at the Hutchinson City Center, located at 111 Hassan St. S.E. in downtown Hutchinson. Volunteers: Matt McMillan (320) 234-4143 Joey Willmert (320) 587-2727 Skip Quade (320) 587-3030 Cary Linder {320) 2345245 Mike Cannon (320) 587-2233 Buzz Burich (320) 587-2233 ~~~) CITY OF HUTCHINSON PLANNING STAFF .REPORT "T'o: Mayor and City Council Members Prepared By: Planning Staff: Brad Emans, Dolf Moon, lion Nelson, Miles Seppelt, Jake Wegner, Jean Ward, John Rodeberg, P.E., John Webster, Joha Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Papp, Dave Erlandson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: August 6, 2003 -Meeting Date August 12, 2003 Rc: Draft Ordinance Regulating Residential Dog Kennels Staff would be available to answer any additional questions you may have regarding the proposed dog kennel ordinance. Staff has included some of the previous staff information, letters and League of Minnesota City information. Rxccrpt from the last City Council Meeting Minutes: Julie Wischnack, 17irector of Planning/Zoning/Rnilding, presented before the Council. Ms. Wischnack explained that there has been much discussion amongst the Planning C:nmmission regarding this ordinance. At the last Planning Convnission meeting, the vote was 4-3 to adopt this ordinance. The proposed ordinance would be allow for up to 3 dogs over six months of age and that the kennels are allowed on any lot of residence and must be placed in the rear yard located . behntd the housed. The ketinels must also he placed on a cement slab ]0 feet or more from the rear and side property line. Mayor Tnrgerson raised concerns regarding certain lots that have very limited rear yard setbacks. Duane Hnversten and Kay Peterson stated that they would like to hear mart public input before cnxcting upon this ordinance. Weston Scott, presented before the Cnuncil. Mr. Scott explained that he feels that if there are a majority of lots that are inadequate for a kennel, then there may be more free animals roaming outside of a kennel. Brandon Fraser, presented before the Council. Mr. Fraser stated that the proposed ordinance is more to aid in setback requirements in relation to rnnoff of animal urine and feces. Inn Pupp presented before the Cnuncil. Mr. Popp raised an issue of incurring more rules for enforcement issues. He brought up examples such as rcquirvtg cement slabs. He personally would not be able to have a cement slab because thcvc is a gas lline underneath his current dog ketinel, so he raised the question of whether he would have m relocate the ketmel. Rant' Greive, Building Official, presented before the c:uuncil. Mr. Greive did note that it would be dtfficuh to enforce this ordinance. He did Horn that current ordinances are enforced, however, some of them are on a complaint-basis only. Ms. Wischnack noted that she has some sample nuisance ordinances that may be better written that Hutchinson's current nuisance ordinance. Motion by Hnversten, second by Antdt, to table this item to the August 12, 2003, Council meeting to receive more public input. Motion carried unanimously. u ~~~~ PUBLICATION NO. ORDINANCE N0.03-347 AN ORDINANCE AMENDING SECTION 3 ANA ADDING SECTION 7.15 OF THk: HUTCHINSON CITI' CODE, TO AAA LANGUAGE REGULATING RESIDENTIAL DOG KENNELS Section 3: Definitions RESIDENTIAL DOG KENNELS: A residential do kennel is a confinement area for u to 3 doffs over Six months of a,gc located any lot of residence. Section 7.15: RESIDENTIAL DOG KENNELS Residential do kennels are allowed on an lot of residence and must be laced in the rear yard area located behind the house only, not in the front or side ard. Residential do kennels must be laced on a cement slab 10 feet or more from the rear and side ro ert line. . 7nsn~:+ ~(ct~ y' • .~ ..~.~, , ~ S 10.07 • Snbd. 2. 1Ceepiag. It is unlawful for any person to keep ~- or harbor any animal, not in transit. except (1) farm animals kept in that portion of the City coned for agricultural purposes, or (2] animals kept in a laboratory for scientific or experimental purposes, or, (3) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. Subd. 3. Aniaala in Transit. tr is !:nlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or, (2) farm animals being transported in the agricultural portion of the City, or, (3) restrained by means of bridles, halters, ropes or other means of individual restraint. Subd. 4. Treataent. It is unlawful Ear any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner. Subd. 5. Housing. It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements. Snbd. 6. ?reapasaes. It is unlawful for any person ko . herd, drive or ride any animal over and upon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission therefor from the owner. S1~C. 10.08. A3iI!!AL MASTS. Swbd. 1. Definitions. For the purpose of this Secticn: A. "Owner" means any person who harbors, feeds, boards, possesses, keeps or has custody of an animal. ~8. "Animal" means a dog, cat or other animal. Subd. 2. IInlarfal Acts. It is unlawful for any owner to: A. Suffer ar permit an animal to defecate upon public prop ty, or the private property of another, without immediately removing the excrement and disposing of it in a sanitary manner. H. Suffer or permit an animal to be upon public property, or the private property of another, unless such animal is in the custody of a person of suitable age and discretion having in his possession equipment and supplies for excrement removal. • 189 {7-1-89) $ c 1 d ~~.. f~ ..'.. _I ~ S 10.08 Permit animal excrement to accumulate for a period in ex as of seven (7) days on premises occupied by him without removal and sanitary disiaosal. Source: City Cede Effective Date: 7-1-89 (Sections 10.09 through 10.19, inclusive, reserved for future expansion.) • 190 (7-1-89) $ca~ ~ 10.06 Subd. 10. Seizure Dy a Citizen. It is lawful far any person to seize and impound an animal so found running at large and shall within six hours thereafter notify the Poundmaster of said seizure. It shall be the duty of the Poundmaster to place said animal in the City Pound. If the name of the owner of such animal so seized is known to the person who first takes such animal into custody, he or she shall inform the Poundmaster of the name of the owner, and the address if known. Subd. 11. Immobilization of Animals. For the purpose of enforcement of this Section any peace officer, at person whose duty is animal control, may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal. Subd. 12. Dther Onlarful Acts. It is unlawful for the owner of any animal to (1) fail to have the license tag issued 6y the City firmly attached to a collar worn at all times by the licensed animal, or (2) own a dangerous animal, or (3) interfere with any police officer, or other City employee, in the performance ~of his duty to enforce this Section, or (4) fail to keep his dag from barking, howling or whining, or (5) fail to keep his cat from emitting loud or unusual noise. Subd. 13. Summary nestruction. If an animal is diseased, vicious, dangerous, rabid or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be impounded without serious risk to the person attempting to impound. such animal may be destroyed in a humane manner. Subd. 14. Rabies Control - Generally. A. Every animal which bites a person shall be promptly reported to the Chief of police or Poundmaster and shall thereupon be securely quarantined at the direction of the Chief of Police or Poundmaster for a period of fourteen (14) days, and shall not be released from such quarantine except by written permission of the Gity. Tn the discretion of the Chief of Police. such quarantine may be an the premises of the owner or at the veterinary hospital of his choice. If the animal is quarantined on the premises of the owner, the City shall have access to the animal at any reasonable time far study and abservatian of rabies symptoms. In the case of a stray animal or in the case of an animal whose ownership is not known, such quarantine shall be at the animal pound, or at the discretion of the Chief of Police the animal may be confined in a veterinary hospital designated by him. B. The owners, upon demand made by the Poundmaster or 6y any other City employee empowered by the Council to enforce this Section, shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, . for the purpose of supervised quarantine. The expenses of the quarantine shall be borne by the owner and the animal may be 187 (7-1-89) S ~~ CITY OF HUTCHiNSON PLANNING STAFF REFORT To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolt" Moon, Don Nelson, Miles Seppelt, Jake Wegner, Jean Ward, John Rodeberg, P.E., John Webster, John Qlson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Dave Erlandson, Dick Nagy, Julie Wischnack, A1CP, and Bonnie Baumetz llate: July 9, 2003 -Meeting Date: July 15, 2003 Re: Draft Ordinance Regulating Residential Dog Kennels once again, planning staff discussed the potential dog kennel ordinance at their regular meeting. Staff is still of the opinion that the City should not be regulating the area in which a dog kennel may be located. Staff believes that section 10.08 covers the problems of animal excrement and the resolution for that issue. The purpose of regulating a use or providing setbacks for a building or structure is to provide for the public health, safety and weli'are of the community. The mere fact of having a permit requirement for the location of a kennel will not automatically solve the problem of dogs within neighborhoods. For example, the attached sample ordinance would require a ]0 foot setback from side and rear property lines (and a cement slab). Phis does not, in some neighborhoods, mitigate or address the nuisance of noise or odor. The Public Safety • Department has stated that the overwhelming majority of their dog related complaints are noise related. The police officer who attended the staff meeting stated that he has rarely received a complaint regarding odor. 7"herefore, staff would like to reiterate their recommendation for not adopting an ordinance relating to the location of dog kennels. Staff has also included a draft of a new ordinance regulating public nuisances, which was drafted by Chiel'Madson before his retirement. • ~~~ C 13utchinsnn Cit Center 111 Hassan Stri~cl SE Hutchlnsan, MN 5535U-2522 32U-5$7-5157/Fax 32U-234.424U MEMORANDUM DATE: July 16, 2003 TO: Iutchinson City Council FROM: Ilutcllinscm Planning Commission SllRdEC"f: CONSIDERATION OF AMENDMENT TO ZUNTNG ORDINANCE SECTIONS 3 AND 7 ADDING DEFINITION pF RESIDENT'IAL DOG KENNET. AND REGULATION OF PLACEMENT OF RESIDENTIAL DOG KENNELS IN YARDS Pursuant to Sections 6-OS of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforemenrioned request for an amendment to the zoning ordinance. HISTORY There has been a request to add a section to the Zoning Cdinance regulating placement of Residential Dog Kennels. Discussions were held at previous meetings to create an ordinance which would address the concerns of the Planning Commissioners. Platmiltg Stat7 .reviewed the amendment and have recommended not regulating the kennels with zoning but rather by City Code. FINDINGS OF FACT 1. Notice was published in the Hutchinson Leader on July 3'~ and July 8's , 2D03 2. 77tere was a written response by a resident in favor of an ordinance. RECOMMENDATION The Planning Commission voted 4 to 3 to approve the amendment to the ordinance adding language to indicate dog kennels must be placed only in the rear of the house. Respectfillly submitted, ~' -- ~' can Kirchoff, Chairman Hutchinson Planning Commission i imcd nn rcn•drA papa ~ f~~ RF~~IVE~ 725 Lakewood Drive Sw ~U,V Hutchinson, Minnesota 55350 ~ ?~~~U; June 25, 2003 4 p ofPUt~ ~SOn 9. Hutchinson Planning Commission City Center Hutchinson, Minnesota 55350 To Whom It May Concern: The article written by Terry Davis in the Hutchinson Leader (Local News, page 3A, June 19, 2003) regarding a proposed dog kennel ordinance piqued our interest. we visited with Planning Coordinator Bonnie Baumetz at City Center on June 23, 2003, and received more information. Our own bad experiences with a neighbor and his dog kennel have prompted us to share some facts with you, the Hutchin- son Planning Commission. In the summer of 2001 our neighbor moved his kennel, home to two large dogs, from near his garage to the far southwestern corner of his lot behind his storage'shed. The dogs occupy the six feot easement area to the west and south of the shed. This area runs along our property line. These two big dogs were, and are, capable • of creating an exceptional amount of urine and feces. What accom- panied the move3 Ddor, flies, and seepage onto our yard, killing the grass. Tn addition, the dogs barked and growled at us whenever we were in our backyard. The dogs were directly in our line of view from our dining area and patio doors. Needless to say, it was very unappealing to look outside, especially while eating, and see these big dogs hunched over urinating and defecating. We contacted people at Hutchinson City Center, the McLeod County Health Department in Glencoe, and the Hutchinson Police Department. A police officer came out to view the problem. We received a great deal of sympathy from everyone but no help in solving the problem. In the spring of 2002 our neighbor hosed out his kennel. Since our property is downgrade, feces washed into our yard as far as ten feet. we decided we would have to get a permit and invest in a privacy fence to try to stop the feces from being washed into our yard, to stop the aggressive barking, and to improve the view as we looked out from inside our home. This all came at great expense to us (over $2,000 for materials) and many weeks of labor. Had we not been able to do the work ourselves, the cost would have been even greater. Unfortunately the story does not end here. This past winter seepage under the fence killed a large area of grass directly below the . kennel- We had to dig up and resod the area, again at our own expense and labor, with no assurance that this will not happen again in the future. g C~~ • Many residents, city leaders included, describe Hutchinson as a progressive city. One has only to look at the recycling program, the composting facility, and the sump pump inspection program tv cite a few good examples. Comparison studies have been done on various issues showing how Hutchinson stacks up with other com- munities--even the Twin Cities suburbs. We have regulations for signs, fences, and sheds. These regulations are intended to make our city a better place to live. Why not include a regulation for dog kennels? We feel a ten foot cushion from the property line is a reasonable and acceptable ordinance and should be applied to ALL current and future dog owners. Thank you for your consideration. Sincerely, +~ft.+.e.wnv 9~D Syron Manthey Susan Manthey ~~, • CHAFTCk 1;1 A. Animals nrnn. swt. 41z2ai.4nnd. State law authorizes cities to regulate [he keeping of animals; to restrain their n. running at large; to authoriae impounding, sale, or summary destruction; and For m~e detailed intnm,ati~m to establish animal pounds. While this probably does not authorize a see LMCIT Risk Manngemtnl complete prohibition against keeping animals within the city limits, it does InTumnetiun memo r=ni))i~ ' ermil reasonable re ulations reventin a ublic nuisance. For exam le, P g p g P P nnt,n! fldn, Ml~nr: Animul C urrT»inn~~ra. 'n,e Lee@ue'a cities can prohibit bees, farm animals, and fowl from certain districts within A1nAe! Anin¢d Conb'~! the city. It is even possible to prohibit some animals entirely from certain city prdmaurr is also a~aaahle. districts. 1. Dogs and cats This section refers specifically to dogs because most cities regulate them, but there is nn reason why the city couldn't apply the same regulatory measures [o other animals--such as cats. (The League has sample ordinances regulating many different types of animals.) M,nn. smt. qg n I z.zz 1. ~,md. Cities may license dogs and regulate their keeping. The license fee must be I ("cm-ral °`nh°nty): r4z5u reasonable, but should be substantial enough to cover regulatory costs. Cities lu 347.$$ (danHcmus dogs); no~.zza (dangerous angb). usually make licensing ordinances apply only to dogs after they become a certain age, usually three to six months old. State law expressly wants cities authority to regulate potentially dangerous dogs, but prohibits ordinances that deal with specific breeds of dogs. In almost all cases, the city clerk has the duty in collect license fees, keep a list of dogs and owners, and issue license tags. Some cities, however, give these duties to the city police. Whether or nut a dog owner may keep a dog on the owner's property without being subject to a dog license fee, depends on the ordinance. Most ordinances make no distinction hetween dogs running at large and dogs confined to their owner's premises when requiring licenses. Cities may prevent dogs from running at large. Usually, such a prohibition inchtdes a licensing requirement that finances enforcement. Prohibitions against animals ntnning at large are common in Minnesota cities. There are various types of prohibition, including: year-round prohibition of dogs running at large; seasonal prohibition of dogs running at large; prohibition of dogs mm~ing at large at night; prohibition of dogs running at large on order of the council or other official; restrictions nn certain clogs running at large; and prohibition of dogs running at large on school grounds. HANlltlWRkYI~MINNCSU]A C'n IE4 t3.27 ~~/ CHnrrr!a 13 Minn. Scat.§~ 35.n. subd. Cities may also impotmd and destroy dogs found running at large if this 3; 347.22. violates the ordinance. State law requires cities to hold all animals seized for running at large, including dogs, far at ]cast five regular business days before destroying them. A regular business day is defined to be one in which the animal pound is open for at least Tour consecutive hours between 8 a.m. and 7 p.m. The ordinance can require the animals be kept longer. In addition, an exception can be made for animals believed to pose an imminent threat to the health, safety, and welfare of any person. Such an animal can he killed immediately without regard to normal impounding and holding requirements. The law does not require a posted notice of the impoundment. A notice, however, could eliminate or minimize trouble, particularly if the city impounds the dog of anon-resident. The League strongly recommends the oily post notice of all impoundments, and to notify the animal's owner, if known. A city gives a pound master, who maybe the chief of police, authority over dog pounds. Owners usually may have their dogs released from such a pound only by paying an impounding fee and the cost of feeding the dog in the pound. Ordinances often provide for the dog's destruction if the animal is not claimed within a specified time. Minn. slat. § aaesa To prevent rabies, cities may require owners to muzzle dogs, quarantine or destroy rabid dogs, .md vaccinate all dogs with the anti-rabies vaccine. Under state law, it is a petty misdemeanor for an owner or custodian to allow a dog to be at large without a tag or without a rabies vaccination. r/nt+,•. city al s„+,a~ H~piev, pthcr common animal regulations include limits on the number of pets per 459 N.W."d 44i (Minn npp' household in residential districts, anima] waste pick-up requirements, and 19971 P<'I. forme. denird (Minn. Apr. 24, 1997) prohibitions against habitual barking and other nuisances. Habitual barking, (re5lriGiona nn num6en of however must be clearly defined and alleged violations require more dogs perhouschnld). See documentxtinn by the enforcing ofrcer than most cities are willing or able to LMCIT liixk Manepcment Inronnatinn memo, ra/~y, provide in order to successfully prosecute the violation. While it may be raJ~ ~ rs„r-n,~,~,~,r c.».n„t difftcult to obtain a conviction in court for the alleged violation of an Ordmuncna' fur Iht limitations ordinance prohibiting habitual barking, many cities find such a provision a nn varinna types or useful tool toward obtaining voluntary compliance by the dog owner. In rcgUlatinna. The LrLgue'S motel dnunr.l (Tnn'n! addition, without some type of provision, cities have no way to respond to Ordinuncr contains prnvistons complaints about barking dogs. which ettempl la fesponds to recent Court decisions. 19-2A 1]ANnaf)!1%rOa MINNESOTA CITtFS ~(~~) • CunrreR 13 Minn, stfl+. ~ 343.z9. Some cities also include a provision requiring good care of the animal, although state law also prohibits cruelty to animals. It is important to note that animals impounded after being removed from a situation of apparent abuse must he held far at least ]0 days before the animal is destroyed or otherwise disposed of. Specific notice requirements also exist for such impoundments. Thus, a city will want to clearly document why each animal has been impounded, and be able to differentiate hetween those impounded because of alleged abuse, and those impounded for running at large or for another violation. As with any other ordinance, dog ordinances provide for the lining or imprisonment of people (usually the owners or keepers of dogs) convicted of violations. Although the maximum penalty is a $700 fine or 90 days imprisonment or both, many ordinances have considerably lower penalties. Nurihcrmore, most cities have found arrest unnecessarily drastic, and have preferred to serve a court summons and complaint upon a violator. As an additional enforcement measure, the ordinance may provide for the impounding or destruction of the dog. Again, while the statutes may not require notice For certain impoundments, a city should still provide notice as a marer of due prtx ess. Before passing dug ordinances, cities should hold public hearings to gather • backgmund information to support their regulations. This would include sampling public opinion and citizen complaints. Cities should make every attempt to secure the cooperation of dog owners. B. Peddlers and transient merchants Minn. Slat. §~ Statutory cities may license and regulate transient merchants and dealers, 412.221, subd. 19; hawkers, peddlers, solicitors, and canvassers. Home rule charter cities also 329.15; 437.02. have express authority to regulate such activities. Charters frequently reflect G,n•~ 2001, ch sa. this authority. Counties were required to license peddlers and transient merchants, but that requirement was repealed in 2001. Ciry of Sr. Paul v. Uriggr, AS Minn. 290, AA N.W. 984 (19oz). L:reelsiur Ruklnp L'o. v. CiO~ nfNorlhfielrl, 247 Minn. 387 77 N,wsd ]88 (1956). Store u. (.7audiu, Nae, 91082723.910827(IR, 91082727 (4'" llist. Minn. 1992). Stare ex rel. Mudekmg v. Pm'r, 109 Minn. IA7, 123 N,W. 408 (1909). • HANnHUUK F(lA MINNESOTA CITI1'S In Framing an ordinance, the council must specify precisely the kinds of business practices it intends to regulate. The term "peddler" is not legally synonymous with the terms "solicitor," "canvasser" or "transient merchant." The ordinance should specifically mention and define each ternt since the courts have heen very strict in their definition of what type of activity constitutes what type of business practice. 17 29 ~~J RESOLUTION NO. 12239 RESOLUTION APPROVING PAYMENT OF A CERTAIN PERCENTAGE BEYOND AN APPRAISAL WHEREAS, the City of Hutchinson has interest in acquiring certain property within the City for purposes of construction of a liquor store; WHEREAS, the City has acquired an appraisal of the property involved with the pm~ect; WHEREAS, the City desires to pay up tv % beyond the price identified in the appraisal. WHEREAS, the City will not provide offers to properly owners beyond the percentage identified; . WHEREAS, this resolution applies to no other property than what is involved in the liquor store project; NOW TIIEREFORE, BE 1T RESOLVF..D BY THE CITY COUNCIL OF THE CITY OF HU"I'CIIiNSON, MINNESOTA: That the Hutchinson City Council hereby approves to pay % beyond the appraised market value. Adopted by the City Council this 12'h day of August, 2003. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor ~~4~ Hutchinson City Center r ~ LJ DATE: July 16, 2003 TO: Hutchinson City Council 111 Hassan Street SE Hutchinson, MN 55350-2522 320.587.5151JHax 32U-234.4240 MEMORANDUM FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF A FINAL PLAT TO BE KNDWN AS SOUTHWIND SUBMITTED BY HUTCHINSON HOLDINGS LLC Pursuant to Sectivn512.20 of the Subdivision Ordinance the Hutchinson Planning Commission is hereby submitting its findings of fea and recommendation with respect to the aforementioned request fora final plat. SHl TORY This is the Hutchinson Land Holdings renal plat now to be ]mown as Southwind. The final plat consists of48 lots with an Outlot B. FINDINGS OF FACT 1. There were no neighboring property owners present objecting to the rcqucst. 2. The plat is not to be reviewed by City Council until the following recommendations arc completely met. RECOMMEN32AT10N The Planning Commission voted unanimously to recommend approval of the tool plat with the following conditions: 1. The subdivision agreement must be drafted and reviewed. 2. The revised grading plan with the right ruin lane off of ]efferson Street and storm water revisions should be provided. 3. The wetland mitigation docnment does not have to be provided, since the phase that impacts the wetland area is not being final platted at this time. 4. The name of the company who will be responsible for maintenance of putlvt A and the general development maintenance must be provided. 5. The private rile line agreement document must be signed and the City must receive a copy 6. Ordinance N03-336 requiring escrow dollars for boulevard trcc plantings must be be adhered to. ectfully su ittcd, an Kirchoff, Chaimran Hutchinson Planning Cotmrilssion ~cc: Paul 8dker, 37 Monroc St SE llutchinson Land holdings LLC, 2455-12'" SL S.E„ St. Cloud MN Sfi304 Bill Watkins, Home Builders Network, 205 Gast Ridgeville Blvd., MtAiry MD 21771 John Rmnkhan;t, County Engineer Anger Berggrrn, County Environmentalist Pnnted an recycled paper q~ ~~ RESOLU'17UN NO. 12222 . RESOLUTION APPROVING A FINAL PLAT TO BE KNOWN AS SOLITHWIND SiIBM1TTF,I) BY Hi7TCHINSON LANll HOLDINGS, LLC BE IT RESOLVED BY'I'HE CITY COUNCIL OF THE CITY OF ili]TCHINSON, MN: FfNI]1NGS 1. The property owner has submitted a forty-eight lot final plat to be known as Southwind. LEGAL DESCRIPTION: Beginning at a point marked by an iron pipe 778.60 feet North of the South line of Section 7, 'Township 116, Range 29, and 137b20 feet East of the West line of the East Half of the Southwest Quarter of said Section 7; thence North 920.70 Feet to a point marked by an iron pipe which is 1376.20 feet East of a stone monument of the West line of the East Half of the Southwest Quaver of said Section 7; thence East parallel to [he South line of said Section 7 and on a line with the aforesaid monument and a stone monument on the East line of said Section 7, 1948.00 feet to the center of the Hutchinsou and Glencoe road, which point is 568.50 feet West of the stone monument aforesaid on the East line of said Section 7; thence Southeasterly along the center line of said Hutchinson and Glencoe road to a point on the center line of the aforesaid road, which is 778.60 feet North of the South line of said Section 7; thence West parallel to the South line of said Section 7, 2377.10 feet to a point of beginning all lying in the Southeast Quarter of Section 7, Township 11G, Range 29, McLeod County, Minnesota. EXCEPTING TI-IEREFKUM, Parcel 2 of Ci[y of Hutchinson Street Right of Way Plat No. 7 in Lot 13, auditors Plat of Section 7, Township 1 16 North, Kange 29 West, according to the map on file and ofrecord in the office of the County Recorder, McLeod county, Minnesota. 2, The City Council has considered the recommendation of the Planning Commission and the effect ofthe proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has deterntincd that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan, ~f the conditions, as outlined below are met. CONCLUSION The City Council hereby approves the final plat with the following: 1. The wetland mitigation document does not have to he provided, since the phase that impacts the wetland area is not being final platted at this time. Adopted by the City Council this 12°i day of August, 2003. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor q~h~ CITY OF HUTCHINSON PLANNING„TSTAFF REPORT . To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moon, Don Nelson, Lisa McClure, dean Ward, John Rodeberg, P.E., John Webster, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, dim Popp, Sgt. Doug Johnson, Dick Nagy, Julie Wischnack, AICP, and Bonnie Baumetz Date: June 30, 2003 -Meeting Date: July 15, 2003 Applicant: Iutchinson Land Holdings , I.LC FINAL PLAT - SOUTHWIND Brief Description: This is the Hutchinson Land Holdings final plat nqw to be lmown as $outhwind. The final plat consists of 48 lots with an Outlot B. GENERAL INFORMATION Existing Zoning: R2 (Single and Two family residential) . Property Location: South of extended Edmonton Ave. Lot Size: 41.3 Acres Existing Land Use: Agriculture Adjacent Land Use And Zoning: Agriculture to the south; Low to Medium Residential to the north; Fringe Commercial to the west and rural residential to the east. Comprehensive Land Use Plan: Traditional Residential Neighborhood Zoning History: The property was annexed to the City of Hutchinson in December, 2002 and Rezoned with the Preliminary Plat in February, 2003. Applicable Regulations: Section 12.20 Subdivision Ordinance SPECIAL INFORMATION . Transportation: 6dmgnton Ave. and 7eft'erson St. Parking: N/A ~~h~ Final Plat - Southwind Hutchinson Land Holdings . Planning Commission- July 15, 2003 Page 2 Analysis and Recommendation: Staff recommends approval of the final plat at the Planning Commission level, but would not allow the plat to be reviewed by the City Council until the following items are received or changed: 1. The culxlivicinn aEreement mast he. drafted and reviewed. 2. The revised grading plan with the right turn lane off of Jefferson Street and storm water revisions should be provided. 3. The wetland mitigation document does not have to be provided, since the phase that impacts the wetland area is not being final platted at this time. A. The name of the company who will be responsible for maintenance of Outlot A and the general development maintenance must be provided. 5. The private file line agreement document must be signed and the City must receive a copy. Cc: Hutchinson Land Holdings, LLC, Rill Watkins, 205 E. Ridgeville Blvd Stc. C, Mi. Airy MD 21771 Marry Campion, Otto and Assoc., 9 west pivisien St., Butl'alo MN 55313 Paul 6etker, 37 Monroe St., john Brunkhorst, County Highway Engineer C~ J g~~~ ~' ° ~ ~ ` f S U ~ jj 5 cR '~ f ~ c cF ' S; i ,?" 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RECENED ~ ~U~ 2 70f1,~ cry of Nu~Chinsoa aea~orP2.sB. 1 D~F~ SUBDIVISION AGREEMENT Southwind CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, between, Iluichinson Land Holdings L.L.C-, a Minnesota Limited Liability Company, Fee owner, hereinafter called the "subdivider' ; Citizens Bank and Trust Company, a Minnesota Corporation, hereinaftcr called the "Mortgagee", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City' ; WITNESSETH: WHEREAS, the Subdivider is the owner and developer ofproperty situated in the County of McLeod, State of Minnesota, which has been surveyed and platted as Southwind and; WHEREAS, City Ordinance No- 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. SITE PREPARATION AND GRADING ] - 1t is understood and agreed that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat, but outside oftherights-of--way, shall be graded to within D.5 feet of final grade to allow for proper drainage, and the installation of utilities. Therights-of--way, ditch and ponding area shall be constructed to within 0.2 feet of approved grades. Al] unsuitable soils shall be removed and the remaining soils shall be compacted to a minimum of 9~% Standard Proctor Density. All work shall conform to the approved Site Grading Plan, and shall be completed prior to the commencement of building, utility or street construction on the site. The grading maybe completed in stages, however all grading and erosion control/seeding of the ponding area shall be completed prior tv any construction vn the site. A Registered Land Surveyor shall he utilized to provide surveycontrvl and staking for all site preparation and grading work, and complete a "Certificate of Completion" noting compliance with the above referenced requirements after work is completed. Southwind Subdivider Agreemeru - City C°uncil - August 12, 2003 ~c h~ ~' D . 2. The Subdivider shall provide al] turfcstablishment and erosion control necessary to protect the utilities, pond and ditch areas and street improvements beyond the boulevard areas. The Subdivider shall complete all required permitting and provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state requirements. The entire site shall be planted willt perennial rye grass, or other erosion control plantings, following completion of site grading. It is understood and agreed that the City reserves the right to complete the work necessary to meet local, state and federal regulations and invoice the Subdivider if they are found to be in violation of these regulations. 3. Both parties have indicated an interest in reviewing the potential fur constructing a landscaped berm adjacent to the plat along Edmonton Avenue SE. The City of Hutchinson agrees to provide trees and seeding in this area as part of the Edmonton Avenue 5E project, and the Subdivider agrees to complete grading of the bean prior to this landscaping. 4. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all provisions ofparagraphs ] of this section have been met. Staging ofthis work must be approved, and will only be allowed with the written approval from Hutchinson Utilities and Hutchinson Telephone. 5. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points for all infrastructure and site construction. . 5. It is understood and agreed that the Subdivider shall be responsible for maintaining the condition of the infrastructure during building construction. The Subdivider shall be required to maintain and clean the roadways and storm sewers on a regular basis, and shall repair or replace any street, storm sewer, sanitary sewer or waiermain infrastructure damaged by operations related to building construction on the site. The City reserves the right to complete this work and invoice the Subdivider after 10 days written notice ofwork to be completed. 11. ASSESSMENTS/IMPROVRMENTS 1. The plat of Snuthwind has been platted to include Lots 1-9, Block 1; Lots 1-17, Block 2; Lots 1- 8, Block 3; Lnts 1-1 ], Block 4; Lots 1-3, Block _5, Outlots A and B). The Preliminary Plal indicates 94 lots total within all phases of the complete plat. 4R lots arc proposed to be included in the first phase of the development. It is proposed that all assessments to this subdivision are divided on a per lot basis. Based on this assumption, all assessments noted will be divided by 94 units and spread per proposed lots to each lot, parcel and outlot in the subdivision. 2. The Subdivider hereby agrees to construct lateral satitary sewer mains and appurtenances, lateral watermain and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, site grading, ponding, street signs and lighting, restoration and appurtenances to serve the entire plat. The City shall approve all construction documents and shall have overview and final approval of all infrastructure proposed to be fumed over to the City. The City reserves the right to reject work that is not in conformance with its • standard specifications. It is understood and agreed that the cost of repairs, upgrades, maintenance or other improvements required io bring the infrastructure work up to City Snuthwind Subdivider Agreement -City Council- August 72, 2003 ~(~~ D~~' standards shall be the Subdivider's responsibility. All costs to make these repairs shall be the Subdividers responsibility i'or a period of two (2) years after the project is completed and the City has agreed to accept the improvements. Costs incurred by the Subdivider to oversize sanitary sewer and watermain (costs to increase size above standard 8" diameter lines) shall be reimbursed by the City to the Subdivider at an approved upon rate. Al] work noted in paragraph 1 above must be designed and constructed under the direction of a registered professional engineer. The Subdivider shall have the private engineer inspect all work and complete a "Letter of Compliance" stating that, to the best of his knowledge and expertise, the work was completed in conformance with all applicable city, state and federal specifications and regulations. The engineer shall also provide the City with as-built drawings in AutoCad format. After compliance review by the City Engineering bepartment, a "Letter of Acceptance" shall then be prepared and signed by the City and the Subdivider. 4. The beveloper will provide dollars to the City for the planting of boulevard trees at a rate of $180 per tree (2 trees per lot), which equals $17,280. The City will keep these dollars in reserve until a majority of the development has buildings then plant the trees within the boulevard areas. The location of trees shall be determined by the City Forester. 5. It is understood and agreed that the Subdivider shall pay an engineering and administrative fee to the City to cover expenses related to review, inspection and acceptance of privately installed infrastructure that is proposed to be turned over to the City of Hutchinson. This rate shall be as noted in the approved City policy at the time of construction. The current rate is 7% of construction cost, which shall only apply io those infrastructure items to become the property of the City. The Subdivider, or the Subdivider's contractor, shall also provide a bond or letter of credit in favor of the City, in the amount of 100% of the private project improvements. The bond or letter of credit and engineering/administration fee arc due prior to the commencement of construction. 6. Il is understood that the following City of Hutchinson expenses and improvements are proposed to be assessed to the subdivision in 2003, as noted in paragraph No. 1 above: a. Half the cost to purchase the adjacent right-of--way for Edmonton Avenue SE in 2001: $29,510 (2.27 acres at $13,000 per acre). b. 25% of the cost io construct the previously installed trunk sanitary sewer line in 2001(lateral value only) adjacent to the plat: $8,900. c. 25% of the cost tv constnict 1/dmvnton Avenue SE improvements in 2003 and 2004 adjacent to the plat: $92,582.06. 7. It is understood that improvements to Jefferson Street adjacent to the plat will he made in the future, and that current policies call for 25°/d ofthe cost of these improvements to be assessed to the adjacent property. S°uthwind SuddivMer Agre°mem - City C°uncif- August 12, 2003 ~~~ o~'~' ill. CONSTRUCTION & MAINTENANCE OUTSIDE OF RIGHTS-OF-WAY/ EASEMENTS 1. It is agreed and understood that lateral sanitary sewer and walermain 8" or greater in diameter, and storm sewer lines 12" in diameter or larger (but not including farm file lines) located within easement areas shall be considered a portion of the municipal system- 2- It is agreed and understood that the Subdivider shall be responsible for assuring that building construction is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical and horizontal locations ofthe structure are verified to avoid conflict with infrastructure and potential flood or drainage damage. Any costs associated with these conflicts and potential relocations of utilities and/or structures shall be the sole responsibility of the Subdivider. 3. Because the development is phased, the subdivider has identified the following company for the maintenance of weeds or lawn within the outlot areas of the development: The City will not be responsible far any maintenance ofthe development. If the subdivider fails to provide maintenance, the City will hire a contractor to provide the appropriate service and invoice the subdivider for the work. The subdivider has identified Mitch Fabel or Craw River Landscape as the contact for problems with maintenance of the property. . IV OTHER FEES, CHARGES ANI) DEAICATIONS 1. It is understood and agreed, that a Parks and Playground Contribution will be made to the City at the time ofbuilding permit issuance. Current City policy calls for a contribution of $2] S/unit for areas with R-2 zoning. Future contributions will be made based on rates in effect at the time ofbuilding permit. 1t is understood and agreed that the Subdivider shall pay a fee of $800 per unit as a municipal electric service access charge, as noted by agreements with McLeod Cooperative Power Association (Coop). These Pecs shall be collected wish the building permit for al] properties, unless otherwise noted in the agreement with McLeod Cooperative Power Association. The cheeks shall be made nut directly to the McLeod Cooperative Pawer Association. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric and Gas Service to Hutchinson Utilities fora]] units to be served in the final plat. These costs for single-family home units are $150 for 100-amp service or $20U/unit for 200-amp Electric Service, and $150/unit for Gas Service yr as in effect with Hutchinson Utilities at the time of development. 'these Pecs include the standard connection to each house, and include required meters. Services larger than the standard residential sizes will be at an additional cost. 4- It is understood and agreed that the Subdivider shall pay Trunk Sanitary Sewer and Watermain Availability Charges (SAC and WAC)- These fees will compensate the City for improvements required tv provide Trunk Sanitary Sewer and Watermain access to the plat propertyboundary. So~Ahwind Subdivider Agreement - Clry Council - August 72, 2003 ~ (~~~ SIGNATlIRES SUBDIVTDIa:R: Hutchinson Land Holdings L.L.C. Pau ctker, ice resident Bill Wat ms, resident STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2003, by Paul Eetker, Vice President of Hutchinson Land Holdings, L.L.C. Notary Public, My Commission Expires STATE OF MINNESOTA COUNTY OF Cwtty,Minrc~ The foregoing instrument was acknowledged before me this day of , 2003, by Bill Watkins, Presidcnt of Hutchinson Land Holdings, L.L.C. Notary Public, ~utxy,Minttwoh My Commission Expires MORTGAGEE.: Citizens Bank and Trust Company of Hutchinson, Minnesota Signature Name tinted) 'T'itle STATE OF MINNESOTA The foregoing instrument was acknowledged before me this ~„^ day of , 2003, by COUNTY OF Notary Public, My Comtttission Expires $pulhwind Subdivider AgrBemenl - City Council- August 12, 2003 Cotmty,Minrr_soh~ ~~~ ~~ r~ u APPROVED BY THE HUTCFTINSON CITY COUNCIL'fIIE 12TH DAY OF AUGUST, 2003. CITY OF HUTCHINSON: MARLIN TORGERSON, MAYOR STATE OF MINNESOTA COllNTY OF GARY D. PL(lTZ, CITX ADMINISTRATOR The foregoing instrument was acknvwkdged before me this day of _, 2003, by Marlin Torgerson, Mayvr and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, CtxaYy,Mim~ My Commission Expires THIS INSTRl7MENT WAS DRAFTED BY: john P. Rodeberg, P.E., Airector of Engineering/Public Wvrks Iulie Wischnack, AICP, Director of Planning/Zoning/Building City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350-2522 320-234-4209 $oulhwind Su6dividerAgreemenl - GAy Council - Augus112, 2tN13 ~~~~ G City of Hutchinson Engineering /Public Works Maintenance Operations 1400 Adams St SE Wutchinson, MN 55350 Phone (320)234-4219 Fax (320)234-6971 August 6, 2003 To: Honorable Mayor & City Council Gary Plotz, City Administrator Brenda Ewing, Humen Resources Director From: John Olson, Asst. Public Works Director CC: John Rodeberg, Dir. of E,ngr./Pubiic Works Randy 17eVries, Dir. of W/WWTF Subject: Filling Open Public Works Positions Following the refvement of Larry Karg and the promotion of Bruce Fenske to Maintenance Lead, Chore is one position to fill in the HATS (75%) and Airport (25%) Departments. Following the promotion of Randy Czech to Wastewater Operator, there is qne position to fill in the Wastewater I?epartment. After consulting the Directors, the following positions are proposed: 1) PiaM Equipment Mechanic -- W/WWTF Grade Ill 2} Facility Maimenance Technician -HATS/Airport Grade 111 Attached are proposed job descriptions. Pending approval of the proposed job descriptions, it is our intention to fill these positions as soon as practicable. q (c) TITLE: FAGILITY MAINTENANCE TECHNICIAN DEPARTMENT: PUBLIC WORKS MAINTENANCE OPERATIONS SUPERVISED 6Y: FACILITY MAINTENANCE LEAD SUMMARY: THIS IS FACILITY MAINTENANCE AT PUBLIC WORKS FACILITIES DUTIES AND RESPONSIBILITIES GROUNDS MAINTENANCE 1. Cuts grass, cares for trees, ornamental plantings, and decorative structures, removes leaves and trash. 2. Prepares grounds for renovation or improvement, using hand tools, and light and heavy equipment. 3. Applies weed control and fertilizer chemicals to grounds as directed. BUILDING MAINTENANCE 1. Inspects, repairs, and maintains plumbing and water appliances, and hot water and sewer systems. 2. Inspects, repairs, and maintains heating, ventllaGon, and air conditioning systems. 3. Oversees work performed by contractors, such as electricians, plumbers, etc. 4. Pertorms custodial duties, including washing and cleaning all common areas of buildings. 5. Cleans floors, operates and maintains Floor cleaning equipment. 6. Disposes of waste material, compost materials, and recyclable materials properly. 7. Paints equipment or buildings as directed. t3. Cleans drains and culverts, and pertorms other maintenance activities to ensure proper drainage. 9. Drives trucks to deliver or pick up supplies. 10. Coordinates work of combined building/grounds work teems at the HATS Facility. 11. Maintains MSDS sheets for department for maintenance related products. AIRPORT LIGHTING 1. Routinely inspects airfield lighting and reports discrepancies to supervisor. SNOW REMDVAL 1. Performs snow removal operations using singly-axle dump truck with snowplow, wing, and sander. 2. Pertorms snow removal operations using wheel Icader or skidsteer loader with bucket pr snowplow. 3. Gleans snow and ice from walkways and building entrances. GENERAL 1. Responds to visitors and customers and directs them to appropriate respurces. 2. Follows all department safety rules; ensures others under supervision comply with safety regulations. 3. Helps supervisor prepare maintenance schedules and budgets for building/grounds maimenance; recommends repairs and Improvements to facilities. 4. Performs related duties as required. ECIUIPMENT 1. Agricultural tractor with flail mower 2. Lawn tractor with attachments. 3. Single-axle dump truck, with snpwplpw, wing, and sander 4. Wheel loader and skldsteer loader. 5. All equipment, supplies, and tools incidental to grounds and building maintenance, as described above. 6. Radios and other wmmunication equipment including perspnel computer and related software. DESIRABLE 4UALIFK;ATIDNS 1. High school diploma Or GED. 2. One to three years training and/or experience in a related field 3. Knowledge of buildings, building systems; basic carpentry, plumbing, electrical, and grounds maintenance skills 4. Self-directed, able to work with little supervision; self-motivated to provide quality service. 5. A61e to prioritize work using written guidelines as a basis for decision-making 6. Willingness and flexibility to accept a variety of duties as needed. 7. Ability tv work well with fellow employees, customer departments, and the public. SPECIAL R€QUIftEMENTS 1. Valid t3 CDL Drivers' license, with air brake endorsement. ~(~~ TITLE: FACILITY MAINTENANCE TECHNICIAN Page 2 WORKING CDNDITIONS 1. Both Inside and outside conditions in all weather, oceasional travel. 2. Generally works 40 hours per week, 8:00 a.m. To 5:00 p.m., or as dictated by facility activities. 3. Unscheduled hours For snow removal; oooaslonal evening and weekend hours for emergencies. Grade 3 position `~ J TITLE: PLANT EQUIPMENT MECHANIC pEPARTMENT PUBLIC WORKS MAINTENANCE OPERATIONS M SUPERVISED BY: PUBLIC WORKS MAINTENANCE LEAD Summary: THIS IS MECHANICAL REPAIR AND MAINTENANCE TO CITY-OWNED PLANT EQUIPMENT DUTIES AND RESPONSIBILITIES A. MAINTENANCE AND REPAIR OF PLANT EQUIPMENT Plant includes: W aslewatar Treatment FaCIIIty, Water Treatment Facility, Compost Site, Airport, HATS Facility and other Public Works structures, as necessary Identifies problems, repairs, and safely performs preventive maintenance on these plant aqulpment components: • Electdcal system components, Including controls • Powedfuel system components • Hydraulic system components • Mechanical system components (e.g., bearings, shafts, sleeves, gears, impellers, etc.) • Dlesal and gas small engines and other power producing components • Panels, gauges, and other equipment appurtenances Operates equipment to ensure maintenance efforts are successful. Makes appropriate, approved aqulpment modlFications and fabricates items as necessary. Reads maintenance manuals and blue prints. B. ADMINISTRATIVE FUNCTIONS OF PLANT EQUIPMENT Orders and purchases repair parts In accordance with City policy. Maintains and updates maintenance schedules as directed. . Prepares equipment inspection farms and safety forms as required. Maintains a library of equipment Information and manuals. Maintains MSDS sheets for products as required. Completes work orders and documents all procedures performed on all equipment. Ensures parts, supplies, fluids and lubricants, and other charges are assigned to the appropriate equipment. C. PERFORMS OTHER EQUIPMENT MAINTENANCE FUNCTIONS Performs metalwork, uses proper alloys, tools, bits, coolants, etc. pperates cutting torches, welders, soldering Irons, and other related equipment operates communications aqulpment. Hauls, Ipads, unloads, packs, and transfers materials 6y hand or with light or heavy equipment and vehkaes. Determines the need for and function of specialized aqulpment. Handles and mixes chemical Ingredients and solutions. pperates pumps, generators, heaters, sews, and other power equipment. Keeps shop areas clean and free from clutter and debris. D. OTHER DUTI S AND RESPDNSIBILITlt=S Performs snow removal on City streets as assigned Performs related duties as apparent or assigned. Reports accidents and damage to emergency services officers and supervisors as required. E. EQUIPMENT Primary equipment Includes vehicles under 1-ton. Winter operations require driving a snowplow truck. Small tools, welder, cutting torch, and other small aqulpment related tc mechanics. Communication equipment including two-way radios. Personal wmputer and related software. F. DESIREA E OUALIF~TIONS . High School diploma or GED and one to three years training and/or experience in a related field. Training and experience in maintaining and repairing mechanical equipment. Knowledge of preventive maintenance techniques, including record-keeping skills. Good public relations skiNs for dealing with the empbyees ci several departments. ~ C~~ TITLE: PLANT EQUIPMENT MECHANIC Page 2 G. PECIAL IRMENTS Valid Commercial Drivers License, minimum of Class e, with air-brake endorsement. H. W RKIN N~ITIONS Shop and outside conditions in all weather. Occasional travel. Generally works AD hours per week, B:Op a.m. to 5:00 p.m. Monday through Friday. Unscheduled hours for snow removal or other emergency maintenance work. Occasional changes In shift es scheduled. Grade 3 position C~ ~ <<~ Memo To: Mayor and City Council Frem: Lisa McClure, Executive Director CC: Gary Plotz Date: 7/29/2003 Re: Purchase Agreement for Industrial Parts Land As you know, the Hackbarth property has not been purchased for future Industrial Park land due to land and project costs. To aid growth in the current Hutchinson Industrial Park, the EDA Board, along with City Staff, have researched other possible sites. The second option that was reviewed by the EDA Board was the 5tritesky Property. This land is located South of the elevator near Hutch Iron and Metal. Along with City Staff, the EDA Board has reviewed infrastructure and development costs and has determined that the 80 acres of Stritesky's Property is the next logical development site far the Hutchinson Industrial Park. At the July EDA Board meeting, the Board approved a recommendation to the City Council to enter into a purchase agreement with the Stritesky Family to purchase 80 acres of land for Industrial Park Development. The teens of the agreement are as follows: The total purchase price of the 80 acres is $405,D00.00. $2,000.00 paid in Earnest Money, $2D3,000.OD to be paid before September 1, 2003. And the balance to be paid based on the terms of the Contract for Deed. Payment amounts and due dates: September 1, 2004 Principal of $ 40,000.00 plus interest $ 10,000.00 September 1, 2005 Principal of $ 40,000.00 plus interest $ 8,000.00 September 1, 2006 Principal of $ 40,000.00 plus interest $ 6,000.00 September 1, 2007 Principal of $ 40,000.00 plus interest $ 4,000.00 September 1, 2008 Principal of $ 40,OD0.00 plus interest $ 2,000.00 • Pege t ~ (~) i .. ;::: :. ......... . E+ r1R1~TES'C:iVY.~N.F.'a' :;:.,:.:. „. .. July ~~ _._ 2003 RECk;iVED Dh Economic Development Authority (kutchinson) [he sum of'1'wo Thousand and no/100 ($2,000.00) Dollars as Earnest Money, and in part payment for the purchase of the following described property situated in the County of McLeod and State of Minnesota, to-wit: (Sec Exhibit "A" attached for legal description) (If a survey of the real estate described on Exhibit "A" is needed, Purchaser will pay the cost of said survey.) which We have this day sold and agree to convey to said Economic Development Authority (Hutchinson) for the sum of Four Hundred Five Thousand and na/l0U {$405,000.00) Dollars on terms as follows, viz: 'Two Thousand and no/]UO ($2,000.00) r)ollars in hand paid as above, and Two Hundred Three Thousand and nn/700 ($203,000 UO) Dollars to he paid on or before September 1, 2003, date of closing, and the balance of Twn Hundred Thousand and no/100 ($200,000.00) Dollars to be paid pursuant to the terms of a Contract for Deed as follows': On September 1, 2004 - Principal of $40,000.00 plus interest of $] O,000.UU; On September 1, 2005 - Principal of $40,000.00 plus interest of $8,000.00; On September 1, 2006 - Principal of $40,000.00 plus interest of $6,000.0(1; On September i, 2007 - Principal of $40,000.00 plus interest of $4,000.00; and On September 1, 2008 - Principal of $40,000.00 plus interest of $2,000.00. Interest is at the rate of 5% per annum tigured on the reducing unpaid balance and shall commence on September ], 2003. Purc:hascr shall have the right of prepayment at any time without penalty. ~,~~,~ Payable on or before the dates as named above, or as soon thereafter as a Warranty Deed conveying a good title to said land is tendered, time being considered of the essence of this Contract. It is understood that a complete Abstract of Title continued to date is to be furnished to Purchaser at the expense of vendors, after which fifteen (15) days is to be allowed Purchaser for examination of title and report. Such Purchaser agrees to pay all taxes or assessments, or installments thereof, that may herea~er became payable on said property from date hereof, including unpaid installments of special assessments heretofore levied on said property. Real estate taxes due and payable in 2003 shall be pro rated through date of closing. And it is agreed that if the title to said premises is not good and cannot be made good within sixty (60) days from date hereof, this agreement shall be void, and the above earnest money refunded. But if the title to said premises is now good, in the name of the vendors, or is made good in them within sixty (60) days, and said Purchaser refuses to accept the same, said above mentioned earnest money shall be forfeited to the undersigned owners, Suzanne J. Swarthout, a married person; Lee A. Stritesky, a married person, and Ann M. Watts, a married person. But it is agreed and understood by all parties to this agreement that said forfeiture shall in no way affect the right of either parry to enforce the specific performance of this Contract. Legal fees associated with this real estate transaction shall be paid by Sellers not to exceed $S,000.OD, plus out-of-pocket expense incurred by R. J. McGraw, P. A. Sellers agree to pay for the Minnesota Deed Tax. if any o£the real estate described on I/xhibit "A" is developed, Purchaser agrees to pay $S,000.DO for a release of each parcel of land with said additional payment to be applied on the principal balance of the Contract for Deed. Seller, Lee Stritesky, shall have the right to use the garage and machine shed on the real estate described on Exhibit "A" and for the right to use said buildings, he shall keep the lawn mowed on the building site at no cost to the Purchaser. Purchaser shall give Lee Stritesky three (3) months' notice to . vacate the garage and machine shed on the premises. 2 q(a) C~ r~ L In consideration of Lee Stritesky, Seller, being allowed to occupy the garage and machine shed on the premises, he agrees to indemnify, defend, protect, and hold Purchaser harmless from and against all losses, damages, causes of action, claims, liabilities, costs and expenses, including reasonable attorney's fees and court costs suffered or incurred by Purchaser as a result of his occupancy of the property. It hereby agrees to purchase the said property for the price and upon the terms above mentioned, and also agree to the conditions of forfeiture and all other conditions therein expressed. ECONOMIC AEVELOPMEIVT ,q,T]THOR7TY gy ~ ~~~ Its ~ . _ _ -c.c.s ' and ••- Its M-+ ~- We the undersigned, owners of the above described land, do hereby agree to sell the said property for the price and upon the terms above mentioned. k ~ su:..:a. s~~out r Lee A. Stritesky Ann M. Watts 3 ~ c~~ •. l'hc Last l~lall of tirt: wuuiwcsii[uu! iii ~~ ~~c~ ~:: ,. 'Township One I-lundred Sixlecn (11G) North, Range Twcnly-nine (2g) Wcst, NOW KNOWN AS Lot Thirty-seven Townsl it~'One Plat of the Wcsl Onc Half of Section Five (5), 1 I-lundred Sixlecn (116) North, Range Twenty-nine (29) West, • EXCEPTING TI-IEREFROM the Right-of-Way of the Great Northern Railway Company, ALSO E?rCEPT1NG the following described land, to-wit: All that part of the Northeast Quarter of the Northeast Quarter oC lltc Southwest Quarter of Section 5, Township 11G Nw•lh, Range 29 Wcsl of the 5"' Principal Meridian lying South of the right of way of the Grcal Northent Railway Company and Easterly oC a line parallel with and distant 30 feet Westerly from the center lint of the Westerly Icg of the wye and tail tract of the Crcal Northern Railway Company as now located and established, said center line being described as follows: Beginning at a paint in the center litre of the main tract of the Railway of the Great Northern Railway Company as now located and constructed distant SD L4 feet Westerly measured along said center line, front the North and South Quarter line of said Section 5; thence Southeasterly along a 7° 30' curve to the right through an angle of 7° 30' a distance of 100 feel to a point; thence Southeasterly along a l2° 30' curve to the right through an angle of 78° 45' a distance of G30 feet to a point; thence Southeasterly along a 3° 45' curve to the right through an angle of 3° 45' a distance of 100 feet to a point; thence Southerly tangent to said 3° 45' curve a distance of 145 feet more or less tv the South line of said Northeast Quarter of the Northeast • Quarter of the Southwest Quarter of Section 5. Re: Striteaky Exhibit "A" ~l (~I~ . CERTIFICATION OF MINUTES RELATING TO HOUSING FACILITIES REFUNDING REVENUE BONDS (PRINCE OF PEACE SENIOR APARTMENTS, INC. PROJECT) SERIES 2003 Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on August 12, 2003, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Council members present: Council members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION CALLING A PUBLIC HEARING ON SENIOR HOUSING PROJECT AND THE PROPOSED ISSUANCE OF REFUNDING REVENUE BONDS BY THE CITY OF HUTCHTNSON, MINNESOTA • I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the dvcumcnts attached hereto, as described above, have been carefully compared with the original records of the corporation in my legal custody, from which they have been transcribed; that the documents are a correct and complete transcript of the minutes of a meeting of the governing body of the corporation, and correct and cvmpletc copies of al] resolutions and other actions taken and of al] documents approved by the governing body at the meeting, insofar as they relate to the obligations; and that the meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required bylaw. WITNESS my hand officially as such recording officer and the seal of the City this day of August, 2003. Kenneth B. Merrill, Finance Director • ~~e~ • After some discussion, Member introduced the following resolution and moved its adoption: RESOLUTION CALLING A PUBLIC HEARING ON SENIOR I-IOUSING PROJECT AND THE PROPOSED ISSUANCE OF REFUNDING REVENUE BONDS BY THE CITY OF HUTCHINSON, MINNESOTA WHEREAS, the City of Hutchinson (referred to in the alternative as the "City" or the "Issuer") issued its Housing Facilities Revenue Bonds (Prince of Peace Project), Series 1994 (the "Series 1994 Bonds" or the "Refunded Bonds"), at the request of Prince of Peace Senior Apartments, Inc., a Minnesota nonprofit corporation (referred to as the "Borrower"), to provide financing for an elderly housing project to be undertaken in the City by the Borrower (the "Project"), pursuant to Minnesota Statutes, Chapter 4S2C, as amended (the "Act"); and WHEREAS, the City has received a request from the Borrower for the City to issue its refunding revenue bonds (the "Bonds"), in an aggregate principal amount not to exceed $2,400,000, for the purpose of refunding in full the Refunded Bonds; and WHEREAS, the proceeds of the Bonds would be loaned to the Borrower for the specific purpose of causing the Refunded Bonds to be refunded in full and thereby provide refinancing for the Project; and • WHEREAS, pursuant to Section ] 47(f) of the Internal Revenue Code of 1986, as amended, it is necessary for the City to conduct a public hearing before the City issues the Bonds; and WHEREAS, the Borrower has agreed to reimburse the City for the cost of publication of notice of the hearing in the official newspaper of the City; NOW, THEREFORE, be it resolved by the City Council of the Ciiy of Hutchinson, Minnesota, that: l . The City Council shall hold a public hearing on the issuance of the Bonds on Tuesday, September 9, 2003, at 6:00 o'clock P.M., at City Hall, in Hutchinson, Minnesota. The City Administrator or other officer or employee of the City shall publish or cause to be published a legal notice in connection therewith, substantially in the form attached hereto as Exhibit A. 2. The Borrower, Dorsey & Whitney LLP, as Bond Counsel to the Underwriter and officers of the City are authorized to initiate the preparation of a loan agreement, trust indenture, official statement and related documents as may be necessary or appropriate so that, when and if ibis Council gives its final approval thereto, the issuance of the Bonds maybe carried out expeditiously. 3. ]n no event shall the Bonds ever be payable from or charged upon any funds of the City other than amounts payable under the revenue agreements which are to be ~~ • pledged to the payment thereof; no holder of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay the bands or the interest thereon, nor enforce the payment thereof against any property of the City other than the City's interest in the Froject; the Bonds shall not constitute a general or moral obligation of the City or a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Bonds do not constitute an indebtedness of the City within the meaning of any constitutional, statutory, or charter limitation. Aassed and adopted this ~ day of August, 2003. Mayor Aitest: Finance Director The motion for the adoption of the foregoing resolution was duly seconded by . Member in favor thereof: and, upon vote being taken thereon, the following voted and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor, whose signature was attested by the Finance Director. J -2- ~ ~Q) . Exhibit A NOTICE OF PUBLIC HEARING AT THE REQUEST OF PRINCE OF PEACE SENIOR APARTMENTS, INC. AND THE ISSUANCE OF REFUNDING REVENUE BONDS BY CITY OF HUTCIIINSON, MINNESOTA NOTICE IS HEREBY GIVEN that a public hearing shall be conducted by the City Council of the City of Hutchinson (the "City") on a proposal by Prince of Peace Senior Apartments, lnc., a Minnesota nonprofit corporation (the "Borrower") that the City issue its refunding revenue bonds, pursuant to Minnesota Statutes, Chapter 462C, as amended. Under the proposal, the City will issue refunding its revenue bonds in one yr more series, in a principal amount of up to $2,40D,000 (the "Fonds"), and the proceeds would be loaned to Prince of Peace Senior Apartments, Inc., a Minnesota nonprofit corporation (the "IIorrower"), to provide, inter alia, for the refunding in full of the City's outstanding Housing Facilities Revenue Bonds (Prince of Peace Project), Series 1994 (the "Series 1994 Bonds"), and thereby provide refinancing far an existing rental housing Facility for the elderly, as described below (the "Project"). The Project consists of a rental housing facility for the elderly, with 40 units, and located at 301 Glen Street Southwest, Hutchinson, Minnesota. The Project is owned and operated by the . Borrower. The hearing will be held in Hutchinson City Center, located at 111 Hassan Street SE, Hutchinson, Minnesota on Tuesday, September 9, 2003 at 6:00 o'clock P.M. At such time and place the City shall give all parties who appear or submit written comments an opportunity to express their views with respect to the proposal. August ~, 2003 /s/ Kenneth B. Merrill. Finance Director i ~ (~) STATE OF MINNESOTA ) )ss COUNTY OF MCLEOD ) 1, the undersigned, being a duly qualified and acting officer of the City of I3uuhinson, Minnesota (the "City"), hereby certify that attached hereto is a compared, true and correct copy of a resolution calling a public hearing duly adopted by the City Council on August 12, 2003, at a regular meeting thereof duly called and held, together with an Extract of Minutes of said meeting, in connection with the issuance by the City of its refunding revenue bonds, and that said resolution has not been modified, amended, rescinded or revoked and has hecn in full force and effect since its adoption and at all times thereafter, to and including the date hereof. WITNESS my hand this ~ day of August, 2003. C~ Finance Director ~~ (~) ~ CITE' OF HUTCHINSON MEMO Finance Department August 7, 2D03 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: PROPOSAL FOR AUDIT SERVICES FOR 2D03 - 2005 Background The contract with the City's audit firm Abdo Abdo Eick & Meyers, ended with the 2002 audit. A proposal for services has been prepared, and is attached, from the firm for the next 3 years. . Beginning with 2003 and beyond the City's financial statement must conform to GRSB #34 reporting requirements. The firm has bean auditing the City for several years giving them the financial background and knowledge of the City of Hutchinson. It would make sense to retain the firm and their expertise during this time of conversion. Action I would ask the council to approve of the accepting the proposal for auditing services from Abdo Abdo Eiok & Meyers. li:\DOC\City council memo l.dac • ~~~~ ~ ~w,~Do .~,:.. .~~ ~:{~EICK & 4. ~tl W LLl' fxrL~ted Htblir ~ccuun[ants Rr Cauuluurts 7llly 28, 2003 1 ] 5 ~ns~ Hickory Slmei Suite 3()2 1'.n. Hox 3166 Manka~o, MN 5fi002-3166 ' Mayor and Council Members t:iry of Hutchinson Hutchinson, Minnesota 55320 'fhe following sets forth our continuing engagement of services 1'ar [he certified audit of the general purpose financial statements of the City of Hutchinson. We will audit the financial statements of the City of Hutchinson as of and for the years ended December 31, 2003, 2004 and 2005. We understand that the flnancia] statements will be presented in accordance with the financial reporting model described in GASEi Statement No. 34. Also, the document we subnnt to you will include the following additional information that will he subjected to the auditing procedures applied in our audit of the financial statements: 1. Management's discussion and analysis 2. RudgeLary comparison schedules 1"he document will also include the following additional information that will not be subdect to the auditing prnceduros applied in our audit of the financial statements, and fur which our accountant's report will disclaim an opinion. ]. Statistical section Audit OWjecti~es The objective of our audit is the. expression of an opinion as to whether your financial statements are fairly 1 presented, in al] material respects, in cnnfonmty with accounting principles generally accepted in the ilnited States of Amenca and to report on the fauness of the additional mformatron referred m in the fu st paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the lJnited States of America and the standards for financial audits contained m Government Audrimg Standards, issued by the: Comptroller General of the United Stales, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such an opinion. ]f our opinion on the financial statemwris is other than unqualitied, we will fully discuss the reasons with you m advance. }f, for any reason, we are wtable to complete the audit or are unable to form or have not formed an opmiun, we may decline to express an npintnn nr to issue a repurl as a result of this engagement. We will also provide reports (that do not include oprmons) on internal control related to the tnancial statements and cnmphancc with laws. regulations, and the provtsons nr ~~ ant agreements. noncomphancc wuh which would have a material effect on the financial statements as regmred by Governmcn[ Auditing Standards .5;n ri±'.2727 Pns .5U7.38AJI3Y ' ux o.ncmcpen con: ~ C~~~ Management Responsibilities Management rs responsible for establishing and maintaining internal control and for compliance with laws, regulations, connacts, and a~~reements. hi fulfilling this responsibility, estimates and ]udgrnents by management are requrred to assess the expected lxnef~ts and related costs of the controls. The objectives of intemal control ' are. to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or' disposition, that transactions are executed tit accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with ' generally accepted accounting principles. Management rs responsible for making al] financial records and related infnrnatrnn available to us. We understand that you will provide us with such information required for our audit and that you arc responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will advise you in the preparation of your financial statements, bu[ the responsibility for the financial statements remains with you. "That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles. and the safeguarding of assets. Management is responsible for adjusting the financial st.at.ernents to correct material misstatements and for confimiing to us in the representation ]otter that the effects ' of any unca•rected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, bosh individually and in the agfrrcgatc, to the financial statements taken as a whole. Xou are responsible for the design and implementation of prob~iams and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the govcmment involving (a) management, (h) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect nn the financial statements. You are also responsible for informing us of your knowledge of any allegations of traud or suspected fi•aud affecting the government received in communications £i-om employees, former employees, r'eg'ulators, or others. In addition, you are responsible for identifying and ensuring that the entity oomplies wit}t applicable laws and regulations. Audit Frncedures-(>eneral t1n audit includes examining, on a [es[ basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the nwnher of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements arc free of material misstatement, whether from errors, haudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations' that arc attributable In the entity or to acts by management or employees acting on behalf of the entity. Because an audit is designed to ' provide reasonable, but not absolute assurance and because we will not perform a detailed examination o£all iransachons, there is a risk that material misstatements may exist anti not be detected by us. In addition, an audit is not desrgned to detect immnaterial misstatements or violations of laws or govammcrital regulations that do tint have a direct and material effect on the financial statements. ]]owever, we will inform you of any material errors that come to our attention, and we will inform you of any fraudulent fntancia] reporting or misappropriation of assets that comes to our attention. We will also infomt you of any wolatrons of laws m governmental regulations that come to our attention, unless clearly inconsequential. Ow responsibility as auditors is limited to the period covered by our audri and dues not extend to matters that might arise during any later periods for which we arc not engaged as audnnrs. ' Our procedures will include tests of documentary evidence supporting the transactions recorded m the accounts, and may include tests of the physical existence of mventones, and deed conf~nuation ofl eceivables and certain other assets and liabilities by correspondence with selected mdrvrduals. creditors, and fnrancial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the: conclusion of our audit, we will also requrre cerrain wrinen representations from you about the financial statements and related matters. I q«) Identifying and ensuring that the Ciiy complies with laws, regulations, contracts, and agreements is the responsiUihty of management. As part of chroming reasonable assurance about whether the financial statements are free of matena] misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agreements. However. the objective of our audit will not be to provide an opinion nn overall compliance and we will not express such an opinion. Audit Procedures-Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, toning, and extent of our auditing procedures for the purpose of expressing our opinion on the City's financial statements. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess contra] risk. Tests of controls may be performed to test the effectiveness of u~rtain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the 5nancial statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Uur tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on intemal control or to identify repot'tahle conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by [he American lns[itute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Audit Administration, Fees, and Other We understand that your employees will prepare all cash rn• other confirmations we request and will locate any invoices selected by us for testing. The workpapers for this engagement are the property of Abdo, Eick & Meyers, LLP and constitute confidential inforn~atinn. However, we may he requested m make certain workpapers available to regulatory agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Abdo, Eick Re Meyers, LLl' personnel. furthermore, upon request, we may provide photocopies of selected workpapcrsto regulatory agencies. The regulatory agencies may mlend,or decide, to distribute the photocopies nr information contained therein to others, including other govemmcntal agenaes. Our fee for these services will be al our standard hourly rates plus nut-of-pocket costs (such as report reproductmn, typing, postage, travel, copies, telephone, etc.). Uur standard hourly roles vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered cacti month as work progresses and arc payable on presentation. hi accordance with our firm policies, work may be suspended if your account becomes 9(1 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, ow' engagement will be deemed to have been completed upon written notification of temiinatinn, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reirnhm se us for all out-of-pocket costs tluough the date of termm~ation, The above fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not 6c encnmuenxl during the audit. if sigificant additional time ~s necessary. we will discuss it wirh you and amve at a new fee estimate before we incur the additiwial costs. ~ ~~{~ ' Government .Audttmg Standards require that we provide you with a copy of our most recent yuahty control review report. Our 2UU2 peer review report accnmpames tlvs letter. If at any time during this period the Council is dissatisfied with our services for any reason whatsoever, our services ruay be terminated by so informing us. Our firth, however, shall be obligated for the three-year period at the fees outlined in the attached schedule. It is our belief that the proposed three-year audit engagement is in the best interest of the City of 1-Tutchinson. With [he assurance of a three-year engagement, our firm can provide the City with a fixed three-year fee schedule to facilitate the budgeting process. Further, our ability to provide meaningful assistance through our Management Advisory Letter will improve with each year of continued audit involvement. ' Abdo, Eick 8c Meyers, LLY maintains offices in Mankato and Minneapolis with a total professional staff of thirty accountants. Our firm utilizes IBM compatible computers for serving client needs in the data processing ' field. This system has improved our ability to audit clients who have computer systems and greatly extends our capacity for evaluating client computer programs and identifying new applications for computer service. ' his the policy of our firm m issue at the conclusion of each audit engagement a Management Advisory Letter. As independent auditors, we are in a position to acquire a detailed knowledge of the diem's financial and administrative procedures; the advisory letter serves to summarise our recommendations towards improving the ' accounting and administrative controls, strengthen the financial structure, and develop a more efficient operation. ' Abdn, hick & Meyers, LLP recognizes that its mast imponam product is prompt and effective service of the highest quality. We believe we can serve the City of Hutchinson to their complete satisfaction, and we will apply [he highest level of skills available to that end. We appreciate the opportunity to he of continued service to the City of Hutchinson and believe this letter accurately surmnarizes the significant terms of our engagement, if you have any questions, please let us know. ' Sincerely, A13U0. EICK dt MEYIiRS, LLP Certified Public Accountants yle W. Meyers, CPA KWM:jkrn 1 1 ~ c~~ ~~ . ~ ~ ~ ~ ~ ~ ~ ~ S ~ ~ ~ ~ ~ ~ Cl"fY OF Hi]TCII3NSON, MIYNESOTA SCHEDILE OF PROFESSfONAL FEES AND EkPEN5ES FOR THE AUDIT OF THE 2063 - 2005 FINANCIAL STATEMENTS \AM1TI: OF F1RA4: ABDO. EICK & Y5B]''C[25, S.LP Par'nerc hfana gen' 5•iper.•~snrr Siaf` Sra rT SSa I: Orr;.r Rcnarl h^ia2 liepo-I processing Reundi r.g Snbfnlal n rr omac4cr cxpe,~,es. Afea1 & Ledge r.g Transpngalia~ Orhe~' 5laze Audi lore Rcp:ortiu4 fo.m DECEMBER 3l 2003 E{ourly Ra[u Hems SlandaM •doSed To'al q0 5 142 $ ]28 $ 5,120 50 93 8d 42(10 '0 GS 6] 4270 40 ~? S1 2.040 '0 i0 45 1,150 20 49 44 @PO 10 s5 4] 410 300 20,0'0 `~uwi~-RiRiROI 380 3'~YF'=~:'~ 400 Arrnem[in~ and Repnr[ing S TD 850 DECEMRER 31, 2004 Hourl Ra[w EEours S:ardard aofed Tn:al 40 5 749 5 ]34 5 5,360 50 98 88 <4DD iD fi< a-q 80 40 60 Se 2 I GO ?D 53 <S ~ 367 20 5] dfi 920 k0 47 s2 47.0 300 21,100 J ^SweRe 389 • aia 5 21,900 DECEM©ER 31, 2005 Iieurl Rate, Hws 5landard mlcd Tolal d0 5 156 5 1q0 5 5,600 50 103 93 4,C50 70 ?' GR y760 e0 G3 57 2,250 '0 5G SC },590 20 54 44 9S0 ]0 49 99 66p ?oo u,zln 3{ .......387Aj ~aan 3 23,030 TMaf all-ln rlnsi.x Ma[imnrn I'rirc Rrfnre GASR ld F slimafM Adrfi[innal Fcr Por GASR 34 Arrnun[im and RepnrtinZ $5,000-5'.070 Sin Qlc Andil F.n gagem cul Fre FSrimatr $ i,SGG Add~ly±nzl u~e.k !vynnd Ihal speaiied x6n.•e ~••nu'd 6e al our slanda•. ra'es nn~e? abo.~c ---~..1 ~~ Il $2.DDD-$3,000 5 1,575 32,000-53,000 S I,GSG pffice of the Ci~Y Attorney 111 Hnssnn Street 56 Hutchinson, MN 55150-2522 320-587-5751/Pnx 320.234.424U TO: Hutchinson City Council Members FRpM: Marc A. Sebora, City Attorney SUBJECT: WalMart Liquor License Violation DATE: August 6, 2003 Council Members: For your information, a Wa1Mart employee pled guilty in McLeod County District Court in May of this year on a charge of selling alcohol to minors. The time to appeal that conviction has now elapsed and the conviction would trigger administrative sanctions for WalMart's alcohol license with the City of Hutchinson. This situation is similar to ones that the Council has dealt with in past alcohol license violations, • in which an administrative hearing is held by a committee of Council Members and, if that committee thinks it is warranted, administrative sanctions are levied against the license holder. Under our ordinance, a civil penalty of up to $2000 and a license revocatlnn of not more than 30 days may be imposed, as this appears to be Wa1Mart's first offense. 1 would be looking for Council action to set a date and time for the hearing vn WalMart's license violation, which must occur between the dates of August 27 and September l2, 2003. I would be happy to address any questions you may have at the Council meeting. vrnncd nn icryclcd pnper~ G 1 ~~ City of c '~ ~ ~flr#~hr~x~tlt' I~utchinson City Center 177 naasan Street SE llutchlnson. MN 55350-2522 320.58i•5151/Fax 320-234.4240 '1'O: Mayoz & City Council FROM: Melissa Starke DATE: August 12, 2003 SUBJECT: Revised Resolution No. 12205 On July 8, 2003, the City Council approved a lease agreement between the City of Hutchinson and the State of NJizmesota for use of the Council Chambers for the driver exam station. In actuality, the lease was for the ]motorcycle skills testing exam area that is located in the Roberts Park parking lot. I am requesting that such lease agreement be approved and that Resolution No. 12205 be revised to reflect the correct exam station and location. Thank you. L J • Prime) an recycled paper - ~ ~ / ~\ RESOLtiTION NO. 12205 RESDLIJTION TO ENTER INTO LEASE AGREEMENT wITII STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SAFETY, FOR MOTORCYCLE SWLLS TE5T E)C.AMINATION AREA LEASE NO. P50009 WHEREAS, the Department of Fiscal and Adurinistrative Services, acting on behalf of the Minnesota Department of Public Safety, Driver and Vehicle Services Division, has requested authorization to use an area of land comprising of the parking lot located at Roberts Park located at 1605 Roberts Road, in the City of Hutchinson, to conduct motorcycle skills test examining; and, WHEREAS, the City Council and the Director of the Civic Arena/Recreation Center have no objection to use of said area for the purpose stated above, NQW, THEREFORE, BE IT RESDLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT the City of Hutchinson enter into Lease No. P50009 with the State of Minnesota in accordance with the terms given in said lease, and for a period of rivo years, commencing on July 1, 2003, and continuing through June 30, 2005. Adopted by the City Council this 12"' day of August, 2003. Marlin Torgerson, Mayor ATTEST: Gary D. Plotx, City Administrator d~~~