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cp05-13-2003 c• AGENDA REGULAR MEETING - HUTCAINSON CITY COUNCIL TUESDAY, MAY 13, 2003 1. CJpjT.L TO ORDirR =~:~Q~ 2. INVOCATION -Rev. Brian Broaz, Congregational-UCC 3. OF 4. MINU (a) REGULAR MEETING OF APRIL 22, 2003 (b) SPECIAL MEETING MINUTES FROM MAY 6, 2003 (c) BD? OPENING MINUTES FROM APRIL 29, 2003, AND MAY 6, 2003 (d) BOARD OF EQUALIZATION MINUTES FROM MAY 8, 2003 Action -Motion to approvo as presented 5. NSENT NDA (a) REPORTS OF OFFICERS, BOARDS AND COMMI55IONS 1. PLANNING COMMISSION MINUTES FROM MARCH 18, 2003 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM FEBRUARY 20, 2003, AND MARCH 20, 2003 3. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR MARCH 2003 4. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM MARCH 24, 2003 S. FIRE DEPARTMENT MONTHLY REPORT FOR APRIL 2003 6. BUILDING DEPARTMENT MONTHLY REPORT FOR APRIL 2003 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE N0.03-341 - AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE (SECOND READING AND ADOPTTON) 2. ORDINANCE NO. 03-343 - AN ORDINANCE GRANTING 5Q NORA'S MEXICAN RESTAURANT THE RIGHT T~ PROVIDE A SIDEWALK CAF$' LOCATED IN THE PUBLIC RIGHT OF WAY ON 2 AVENUE (YVAIVE FIRST RE.9DING AND SET SECOND READING AND ADOPTION FOR MAY 27, 2043) 3. RESOLUTION NO. 12170 - CITY OF HUTCHINSON EQUAL EMPLOYMENT OPPORTUNITY POLICY/AMEND APPENDIX A OF THE CITY'S ERSONNEL POLICY 4. RE50LUTION NO. 12175 - RESDLU'ITDN AUTHORIZING CITY OF HUTCHINSON MEMBERSHIP TO HUTCHINSON AREA CHAMBER OF COMMERCE 5. RESOLUTION NO. 12176 -RESOLUTION TRANSFERRING $155,000 FROM SPECIAL CITY COUNCIL AGENDA -MAY 13, 2003 • ASSESSMENT FUND TO CENTRAL GARAGE FUND FOR FISCAL YEAR 2002 6. RESOLUTION NO. 12177 -RESOLUTION APPROVING ENTERING INTO MNDOT LANDSCAPE PARTNERSHIP AGREEMENT (c) CONSIDERATION FOR APPROVAL OF DANCE PERMIT FOR TAKE BANDEMER FROM JUNE 5 - 7, 2003 FOR POLKA FEST AT MCLEOD COUNTY FAIRGROUNDS (d) REAPPOINTMENT OF DONNA HAYSINGER TO POLICE COMMLSSION UNTIL 2006 (e) APPOINTMENT OF TIMOTHY SMITH TO TREE HOARD TO 2006 (f) CONSIDERATION FOR APPROVAL OF SHOAT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 7, 2003 (g) EDMONTON AVENUE 5E AND TH 7 FRONTAGE ROAD (LETTING NO. S, PROTECT NO.03- 12 AND 03-19) - ORDERING PREPARATION OF REPORT ON IMPROVEMENT - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR MAY 27, 2003 (h) DALE STREET SW/2N° AVENUE SW (LETTING NO.1, PROJECT N0.03-01-ASSESSMENT ROLL NO. 5061) - DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT - ADOPTING A55ESSMENT - ACCEPTING BID AND AWARDING CONTRACT (i) CONSIDERATION FOR APPROVAL OF AWARDING SID FOR STONEY POINT L1F'T STATION AND RAW WASTEWATER PUMP STATION ELECTRICAL AND CONTROL IMPROVEMENTS (j) CONSIDERATION FOR APPROVAL OF USING CI'T'Y RIGHT-OF-WAY FOR PDPCORN WAGON AND FARMER'S MARKET FROM MAY 31, 2003, THROUGH OCTOBER 31, 2003 (k) CONSIDERATION FOR APPROVAL pF TRANSIENT MERCHANT LICENSE FOR GERALD JOHNSON TO SELL NOVELTIES AT THE GRANDE DAY PARADE ON JUNE 15, 2003 Action - Motion to approve consont agenda b. PU LIC HEARIivGs (a) 2003 PAVING IMPROVEMENTS ((L~ETTING N0.3, PROJECT N0.03-OS THROUGH 03-09, 03- 11, 03-22 -ASSESSMENT ROLL ND. 5062) - ADOPTING ASSESSMENT - ACCEPTING BID AND AWARDING CONTRACT 7. MMU UE T S (a) UPDATE ON MS TRAM HALE RIDE ACRO55 MINNESOTA (b) UPDATE ON LIQUOR STORE PROJECT AND SELECTION OF ARCHITECT . (c) BECKY WALRADTH - DLSCUSSION OF ELM STREET IMPROVEMENT PROJECT CITY COT TNCIL AGENDA -MAY 13, 2003 8. UNN'INiSBIED 1gUSTN[CSS (a) CONSIDERATION FOR APPROVAL OF SEASONAL/TEMPORARY EMPLOYMENT POLICY Action -Motion to reject -Motion to approve (b) CONSIDERATION OF PETITION TO BEGIN ANNEXATION OF PROPERTY EY RE5OLUTION LOCATED 1N LXNN TOWNSHIP WITH UNFAVORABLE STAFF RECOMMENDATIONAND FAVORABLE PLANNING COMMISSIONRECOMMENDATION (ADOPT RESOLUTION NO. 12162) Action -Motion to rejeci -Motion to approve 9. NEW BUSINF~ (a) CONSIDERATION FOR APPROVAL OF INTERIM DIRECTOR POSITION CONTRACT Action - Motion to reject - Mofion to approve (b) CONSIIERATION FOR APPROVAL OF CALLING FOR SALE OF 2003 GENERAL OBLIGATION IMPROVEMENT BONDS Action -Motion to reject -Motion to approve I0. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS ANT? CONTRACT PAXMT%NTS (a) VERIFIED CLAIMS A Action -Motion to approve and authorize payment of Verified Claims A from appropriate funds (b) VERIFIED CLAIMS $ Action -Motion to approve and authorize payment of Verified Claims H fom appropriate funds 12. ADJOURN 3 . MINUTES REGULAR NETTING - HUTCHINSON CITY COUNCII, TUESDAY, APRIL 22, 2003 1. CALL To ORDER - 5:30 P.m. ayor ar orgeison caIre~he meeting to order. Members present were Tim Haugen, Bill Arndt, Duano Hoversten and Kay Peterson. Others present were Gary Plotz, City Administrator and Jvhn Rodeberg, Director of Enginaetxng/Public Works. 2. Due to the absence of Rev. Jim Hall, Word of Life Church, the invocation was ~spens~ 3. 4. ~~ (a) REDULAR MEETING OF APRIL 8, 2003 (b) SPECIAL MEETING OF APRIL 9, 2003 (c) BID OPENING MINUTES FROM APRIL 15, 2003 The minutes woro approved as presented. 5. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PARKS, RECREATION & COMINUNITY EDUCATION BOARD MINUTES FROM MARCH 3, 2003 2. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM 7ANUARY 21 AND MARCH 18, 2003 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES FROM MARCH 18, 2003 4. CITY OF HUTCHINSON FINANCIAL REPDRT FOR MARCH 2003 5. CITY OF HUTCHINSON INVESTMENT REPORT FOR MARCH 2003 (b) RESOLUTIONS AND DRDINANCES 1. RESOLUTION NO. 12164 _ A RESOLUTION APPROVING E7{CAVATOR LICENSE FEE (c) PLANNING COMML55ION ITEMS 1.' CONSIDERATION OF A PRELIMINARY PLAT 7'O BE KNOWN AS WENDY'S ADDITION AND CONDITIONAL USE PERMIT FOR DRIVE-TI-IAU AREA, MINOR FLOOD PLAIN ALTERATIONS AND THE SHORELAND ALTERATIONS LOCATED AT 1190 HWY 7 WEST WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12157 AND 12158) 2. CONSIDERATION OF A VARLANCE RE UESTED BY HUTCHINSON HOSPITAL TO REDUCE SETBACK FROM FREEMONT VENUE FOR ADDITION TO THE HOSPITAL ICU AREA WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12159) `-~ ~a~ CITY COUNCIL MINUTES -APRIL 22, 2003 • 3. CONSIDERATION OF A COND17'IONAL USE PERMIT REQUESTED HY KARATE INGEBRETSON TO REMOVE EXISTING NON-CONFORMING GARAGE AND REPLACE 2.2 FEET FROM ALLEY LOCATED AT 415 FRANKLIN STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12160) 4. CONSIDERATION OF A CONbITIONAL USE PERMIT RE(~UESTED BY CITY OF HUTCHINSON PARKS DEPARTMENT TO CONSTRUCT A 24' X 4' STORAGE GARAGE ON PARK PROPERTY LOCATED IN THE 100 YEAR FIAOD PLAIN AT RO$I1ZTS PARK, 1600 RO$ERTS ROAD SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12161) 5. CONSIDERATION OF PETITION TO BEGIN ANNEXATION OF PROPERTY BY RESOLUTION LOCATED IN LYNN TOWNSHIP WITH UNFAVORABLE STAFF RECOMIvTENDATION AND FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 12162) 6. CONSIDERATION OF REQUEST BY GENE EBNET TO RXTENA VARIANCE GRANTED ON PROPERTY LOCATED AT 106 GARDEN ROAD WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12163) (d) CONSIDERATION FOR APPROVAL OF TEMPORARY LIQUOR LICENSE FOR AMERICAN LEGION FROM JUNE 5 - 7, 2003 (o) CONSIDERATION FOR APPROVAL OF POLICE COMMISSION APPOINTMENT (f) CONSIDERATION FOR APPROVAL OF TRANSIENT MERCHANT LICENSE FOR T.A.P. ENTERPRISES AT THE RECREATION CENTER ON JUNE 14, 2003 (g) RETAIL ON-SALE, NON-IN'T'OXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWALS ^ HUTCHINSON HUSKIE BASEBALL ASSOCIATION ^ LITTLE CROW BOWLING LANES ^ GODFATI-TEA'S PIZZA ^ MEADOWLINI{.S GOLF CLUB ^ SKY VENTURES (PIZZA HUT) (h) RETAIL OFF-SALE, NON-INTOXICATING MALT LIQUOR (3.2 BEER) LIQUOR LICENSE RENEWALS ^ COI30RN'S INC - CASHWISE ^ TOM TI-TUNE #196 - EONKERS ^ SPEEDWAY SUPERAMERICA ^ CITGO QUIICMART ^ ERICKSON OIL PRODUCTS -FREEDOM VALU CENTERS • CATTOOR OIL COMPANY ^ ERICKSON'S DNERSIFIED - ECONO FOODS ^ WALMART (i) DALE STREET AND 2ND AVENUE SW IMPROVEMENTS, LETTING NO. 1, PROJECT NO. 03-O1 y ~a~ CITY COUNCIL MINUTES -APRIL 22, 2003 • RESOLUTION NO. 12148 -RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT • RESOLUTION NO. 12149 -RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT (MAY 6, 2003, AT 5:30 P.M.) (j) 2003 PAVING IMPROVEMENTS, LETTING NO. 3, PROJECT N0.03-OS THROUGH D3-D9, 03-11, 03-22 RESOLUTION NO. 12150 -RESOLUTION RECEMNG REPORT AND CALLING HEARING ON IIviPROVEMENT (PUBLIC HEARING PRJOR TO ASSESSMENT HEARING FOR MI55ED PARCEL) RESOLUTION N0. 12151--RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT RESOLUTION NO. 12152 -RESOLUTION FOR HEARING pN PROPOSED ASSESSMENT (MAY 13~ AT 6:00 P.M.) (k) STEARNS WOODS IMPROVMENTS, LETTING N0.9, PROJECT NO. 03-17 • PETITION FOR LOCAL IMPROVEMENT ^ AGREEMENT OF ASSESSMENT AND WAIVER OF IRREGULARTI'Y AND APPEAL • RESOLUTION NO. 12153 -RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT • ^ RESOLUTION NO. 12154 -RESOLUTION RECEMNG REPORT AND WANING HEARING ON IMPROVEMENT ^ RESOLUTION NO. 12155 -RESOLUTION ORDERING IMPROVEMENT AND PREPARATION DF PLANS 8t SPECIFICATIONS ^ RESOLUTION NO. 12156 -RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIl7S • APPROVAL OF STEARNS WOODS SUBDIVISION AGREEMENT (1) CONSIDERATION FOR APPROVAL OF CITY FORESTER ATTENDING TREE AUCTION (m)CONSIDERATION FOR APPROVAL OF HUTCHTNSON AREA HEALTH CARE PURCHASING X-RAY MACHINE (n) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR CROW RIVER HABITAT FOR HUMANITY ON AUGUST 19, 2003, AT THE MCLEOD COUNTY FAIRGROUNDS (a) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 61 e1 ANNUAL HUTCHINSON JAYCEE WATER CARNIVAL FOR JIJNE 9 - 15, 2003 Items 5(c)5, 5(e), 5(i), 5(j), 5(k), and 5(c)1 were pulled for further action. Motion by Haugen, second by Peterson, to approve consent agenda with the exception of Items 5(c)5, 5(e), 5(i), 5(j), 5(k) and 5(c)1. Motion carried unanimously. ~-1 ~a~ CITY COUNCIL MINUTES -APRIL 22, 2003 • Item S(c)1 had PUrther discussion. Julio Wischnack, Director of Planning/Zoning/Director, presented before the Council. Ms, Wischnack noted that $urger King has raised concerns of traffic congestion at the intersection where Wendy's plans on developing, which is at the corner of School Road and the Hwy 7 Service Road (where Roeie's is currently located). John Rodeberg, Director of Engineering, explained the design plan that city staff and MnDQT have comprised to address traffic issues, which they fool is the besi plan that can be designed at this time. The site plan includes adding an additional entrance further south onto the service road and adding a right turn lane onto the service road. Mr. Rodeberg explained that some modifications could be considered for the SuporAmorica entrances. Mr. Rodoberg explained that ho does not feel eons-way to the oast on the service road will work appropriately or address safety issues. Howard Reinhard, Burger King, addressed the Council. Mr. Reinhard explained that his issues are exiting off of the service road onto School Road traveling south. Gail Plaieance, Hutch Bowl, addressed the Council. Mr. Plaieanco raised concerns regarding the safety of the intersection. • Mr. Rodeborg stated that this intersection can be continually reviewed to determine if any improvements will need to be made. Motion by Haugen, second by Peterson, to approve Item S(c)1. Motion carried unanimously. Item 5(c)3 was pulled for further discussion. Julie Wischnack, Director of Planning/Zoning/Building, presented before the Council. Ms. Wischnack explained that city staff did not favor this annexation, however the Planning Commission voted unanimously in favor of it, Ms. Wischnack explained the area that is being petitioned for annexation which is on the south end of the city adjacent to the airport. Me. Wischnack futher explained the reasons for city staffs unfavorable recommendation, which include that this annexation is premature and that services are not out that far yet. John Rodeberg went on to state that this area does not seem to be the appropriate location at this time. Tim Haugen stated that the Plennurg Commission's overall feeling was that there are already neighboring houses and services near the area and that timing is not all that bad. in addition, this area will more than likely bo developed in the future and that if we annexed it, the City would have more control over the development. 4 ~ ~a) C1TY COUNCIL MINUTES -APRIL 22, 2003 . Duane Hovetsten raised the concern of the issue of if the developer would want to do development within the year, are we bound to allow them to do so, even though we are unable to provide servicea7 Marlin Torgcrson noted that when the area on Highway 7 East was annexed, the City made it very clear to the developcr that services would not be provided for at least five years. Mayor Torgereon stated that if this area is annexed, it needs to be made vary clear that services may not be provided for 4-6 years. Julie Wischnack noted that the annexation on Highway 7 East wse mediated and that the agreement included the fact that services would not be provided far a certain amount of years, Ms. Wiechnack stated that this annexation is being done by resolution and she would like to got an attorney's opinion on whether or not wnditions can be attached to it. Frank Fay, real estate agent, addressed the Council. Mr. Fay explained that the main reason for the interest in the area is due to the fact that the school district intends to build a school in the area. Bob McManus, developer, presented before the Council. Mr. McManus stated that his company is developing areas in several different communities and they era sensitive to the city's financial situation. Mx. McManus stated that his company would like tv sit down with city planners to thoroughly plan and develop this area. Duane Hoveraten suggested tabling this item until more input can be received ae far as wording the resolution of annexation so that all issues can be addressed. Motion by Hovereten, second by Haugen, to table this item until May 13, 2003, in order to receive more information and word the resolution correctly. Motion carried unanimously. Item 5(e) was pulled for further discussion. Mayor Torgereon recommended that Barry Anderson be appointed to the Police Commission. Motion by Arndt, second by Haugen to appoint Bany Anderson tv a threw-year term to the Police Commission. Motion carried unanimously. Item 5(i) wee pulled for further discussion. John Rodeberg addressed the Council. Mr. Rodeberg explained that the State hes revised the way procedures are completed for testing. The City now has to pay for the cost of testing, therefore on the assessment rolls, the fce increased from 24% to 25% to cover the city's expense of in-house testing. Motion by Haugen, second by Arndt, to increase testing fee to 25% to cover city's expense. Motion can-ied unanimously. Item 5(j) was pulled for further discussion. John Rodoberg notcd that the public hearing on May 6'" is sel For 6:00 p.m. for this project. Mr. y ~a) CITY COUNCIL MINiJ'I'ES -APRIL 22, 2003 Rodoborg also covered the project costa which aro approximately $2.b million. Mr. Rodeberg flnttter noted that assessments will cover less than 19% of the project, therefore the City is funding the majority of the project. Item 5(k) was pulled for fiulher discussion. Jahn Rodeberg noted that again the testing fee increased to 25% to cover in-house testing costs. Motion by Hovorsten, second by Peterson, to approvo Itoms 5(i), 5(j), and 5(k). Motion carried unanimously. 6. Pil13I.IC 1=J~AR,INGS 7. COMMUNTC TIONS. REOUESTS ANA PT~TITIQNS 8. D (a) CONSIDERATION FOR APPROVAL OP POLICY UPDATES/AMENDMENTS Sronda Ewing, Human Resources Director, presented boforo tho Council. Ma. Ewing stated that various policioe are boing conaidorod so that they cotnc~de with currant practices. Ms. Ewing covered the changes made to each policy. Motion by Peterson, second by Amdt, to approve updatos to city policios 3.02, 3.09, 3.12 and 3.22. Motion carried uneniruously. 9. N~w,~USINESS (a) CONSIDERATION FOR APPROVAL OF POLICY UPDATE Brenda Ewing, Human Rosvurces Director, presented before the Council. Me. Ewing clarified that this is a new policy and not an updato. This policy addresses nepotism amongst soasonal and tomporazy employees. Motion by Petoraon, second by Haugen, to approve City Policy No. 3.30. Duane Ilovareten qquestioned the chain of command and whether or not the Duector should be over the department that tho soasonal/temporary employyeee is working in. Mr. Hovorsten notod that a soasonal/temporary employee should work in a drfferent dopartmont as a direct relative, Motion denied, Motion by Peterson, second by Hoverston, to table this itom until May 13, 2003. Motion carried unanimously, (b) CONSIDERATION FOR APPROVAL OF 1997 UNIFORM BUILDING CODE FEE SCHEDULE Julie Wiachnack, Dtroctor of Planning/Zoning/Building, addressed the Council. Ms. Wischnack explained the fee schedule revisions, as the fees are increasing considerably. Ms. Wischnack remindod the Council that the Building Department has not increased butlding permit fens for throe yyears. Sho also noted that all contractors have been notified of tho proposed foe changes. Ms. Wischnack noted that the fee changes would tako effoct immediately. Duane Hovereten suggested placing this fee schedule into effect in 30 days. Motion by Hoverston, second by Hauggen, tv approve 1997 Uniform Building Code fee schedule and have the unplementation date be in 3O days. Motion carried unanimously. U ~4~ CITY COUNCIL MINUTES -APRIL 22, 2003 (c) CONSIDERATION FOR APPROVAL OF ADOPTING BUILDING CODE CHANGE Barry Greive, Building Official, addressed the Council. Mr. Greive stated that effective March 31 2003, the State of Minnesota has adopted the State Building Code. This code intends to be adopta~ internationally eventually so that architects, engineers and contractors will be in unison across the status. Mr. Greive also noted that staffis recommending that the moat current Uniform Housing Code be adopted as well. General discussion was hold regarding the energy code. Kay Peterson commented that houses in different erase of the country should not need to meet ono international code. Barry Grcive stated that there are different provtstons for different topo~aphy issues. Mr. Greive stated that the contractors have bean notified that this ie being considered y the Council. Motion by Haugen, second by Amdtr to appro~~ adoption of building code change and sot second reading and adoptton of Ordinance No. 03-341 for May 13, 2003, Mutton earned unanimously. Llauor Skore Protect Mayor Torgerson read a resolution reaffirnning the action that city staff should continue to proceed with the development of s new liquor store. Mayor Torgerson stated that the workshop hold earlier today addressed the issue of proceeding with this project. Gary Plotz, City Administrator, addressed the Council. Mr. Plotz noted that the explanation for proceeding with this project is duo to a pro forma that indicates that a now liquor atoro would be oven more profitable than the current store. Other issues surrounding proceeding wtth a new liquor store include long wait lines at the content store, challenges of new stores coming into town. Mr. lotz also explained the fwnding for the new store, which will comprise of using enterprise fund balances. Motion by Hvversten, second by Peterson, to approve the resolution and move forward with the liquor store project. Haugen - syo; Arndt -nay; Peterson -aye; Hvvorston -aye; Torgerson -- aye. Motton carried 4 to 1. 10. M15CELLANEOUS (a) COMMUNICATIONS John Rodebet'g - Mr. Rodeherg requested that the City enter into an a ant with Braun Intertec to provide ongineerutg, environmental and materials tearing servrcea. The State is now requiring that City's perform their own tasting, therefore the need for trio agreement. Braun Intertcc will supply the testing at a very reduced rate. Motion by Haugen, second by Peterson, to enter into agreement with Braun Intertech for testing services. Motion carried unammously. Bill Arndt - Mr. Arndt stated that on May 24, 2003, at 6:30 p.m. at the Event Center a meeting will be held to discuss trio river. MArlln Torparson -Mayor Torgereon noted that a Crop Walk will be held May 4, 2003, starting at 3:00 p.m. This walk is for world hungar. Gary Plotz - Mr. Plotz stated that he, the Mayor and Randy DaVrios, presented before the • Transportation Committee ofMitmeapolis earlier today. Trio Minneapolis Transportation Committee has recommended awarding afive-year contract to trio Ctry of Hutchinson (Creekside Soils)to collect the City of Minneapolis's leaves and brush. Half of the material will go to t. Paul and half will come uCa) C1TY CQLINCIL MINi1TES -APRIL 22, 2003 • back to the compost Bite. This contract is worth $3.5 million ovor tho noxt fivo years. Mr. Plotz also noted that Steve Madaon, Police Chief, will be retiring effective May 1, 2D03. Lt. David Erlandson has been appointed as Interim Polico Chief until January 1, 2004. Mr. Plotz requested that an appreciation event bo schoduled for May B, 2003, followmg the Board of Roview meeting. The event will be held at a city employee's home. Motion by Iloversten, second by Arndt, to approve setting a potluck appreciation event for the retirement of Steve Madeon for May 8, 2003, at 5:30 p.m.. Mr. PlotL furthor notod that recently the Council approved staff attend an auction to purchase a conveyor. City staff did bid on a conveyyor and was able to purchase it for $11,000, which ie much ]owor than the $30,000 anticipated. Mr. Plotz also noted that for tho City ofMinnoapolis proJ~ect, both private and city property will be used for hauling. More equipment may need to be obtained m order to spearhead thts project. Motion by Arndt, second by Peterson, to authorize City Administrator to attend auction on May 12, 2003, to purchase equipment for City of Minnoapolia project- Motion carried unanimously. 11. CL R NS AND C (a) VERIFIED CLAIMS A Motion by Peteredn, second byHaugen, to approve and authorize payment of Verified Claims A from appropriate funds. Motion catrted unanunously. 12. e1AJ4LTRN With no further buelneae to discuss, the mooting adjourned at 7:10 p.m. • uza~ MINUTTS )(-IUTCHINSON CTTY COUNC[I. SPECIAL MEETING TUESDAY, MAY 6, 2003 5:45 P.M. 1. DE - ayor arm orgerson ca e e meeting to order. Mombors present were Jim Haugen, Duane Hoversten and Kay Peterson. Mamber absent was Bill Arndt. Marc Sebora, City Attorrey and john Rodeberg, p~rector of Engineering/Public Works 2. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF ENTERING INTO MANAGEMENT AGREEMENT WITH BEST WESTERN VICTORIAN INN Marc Sebora, City Attorney, explained that this agreement ie required to be enterod into due to the fact that the Victorian Inn ~a currently beingg transforrod to another owner and will not be ablo to obtain a city liquor license until May 27, 2003. Hutchinson City Ordinanco grants the Council auihvrity to grant a management agreemont to the new owner covering the period of time betweon tho Salo to the new owner and the time of issuanco of liquor license to now applicant. Motion by Potorsou second by Hoversten, to approvo Management Agreement with Victorian Inn Management Company. A typographical enor needs to be corrected m the second paragraph. Motion tamed unanimously. 3. ADJOURN With no further businoss to discuss, the meeting adjourned at 5:59 p.m. ytb) MINUTES HUTCII7NSON CITY CQUNCIL SPECIAI. MEETING TUESbAY, MAY 6, 2003 6:00 P.M. 1. CALL TO ORI]ER - 6:00 P.i}Q, a1G1 yor 1CIar orgorson ca a meeting to order. Members present were Jim Haugen, Duane Hvvorston and Kay Peterson. Member absent was Sill Amdt. Others present were Gary Plotz, City Administrator Marc Scbora, City Attorney and john Rodeberg, Director of Engineermg/Public Works 2. PUBLIC H (a) LETTING NO. 1, PROJECT N0.03-01 (DALE STREET AND 21'1° AVENUE) John Rodeberg, Director of Engineering, presented before the Council, Mr. Rodeberg explained the route of the proJ'oct and the scope of the project. Mr. Rodeberg continued to cover the project costs, which total a proximately ~2.d million. The City's share of the pproject covers approximately 81% of the total costs with 19% of the costa being assessable. Mr. Rodeberg reviewed how assessments are calculated. Mr. Rodeberg further explained the process used to approve this project and he roviowod the different payment opt<ons. Mr. Rodeberg briefly reviewed the follow-up steps if/whon this project is approved. Mr. Rodebergg cxplained that the final assessment roll still needs to be cc~nputod, and therefore he is roquoaiing that the approval of all items be deferred to the May 13 Council mooting. A resident asked if thorn will be access directly to their homes at all times. Mr. Radaberg stated that access will not always be available, however emergency vehicles will be able to get to the homes. Residents may need to walk a block to get to their home. Motion by Arndt, second by llaugen, to close the public hearing. Motion by Amdt, second by Peterson, to defer action unfil the May ]3, 2003, City Council meeting. Motion carried unanimously. 3. MTSCEi,LpNEl2II~ Gary Plotz reminded the Council of the Board of Roviow meeting set for May 8'". He also noted that the retirement party for Steve Madsen has been rescheduled to Juno 1, 2003. 3. ADJ4IIRN With no further business to disease, the meeting adjourned at 6:15 p.m. u y~e) . MINUTES BID OPENING LETTING NO. 12/PROJECT N0.03-21 APRIL 29, 2003 Present: Ken Merrill, Finance Director, and Melissa Starke, recorder. Ken Merrill, Finance Director called the bid opening to order at 2:02 p.m. Mr. Merrill dispensed with the reading of Official Notice to Bidders, Lstting No. 12, Project No. 03-21. Mr. Merrill notod that tho City Council reserves the right to reject all bids and to waive any informalities and irregularities as signed by Gary D. Plotz. The following bide were opened and read: Electrical Installation & Maintenance Company Maple Plain, Minnesota Bid Amount $252.800.00 Automatic Systems Company St. Paul, Minnesota Bid Amount $211,000.00 The bide wero roforred to staff fvr review and a recommendation. They plan to be before the City Council for consideration end awarding on May 13, 2003. Tha bid opening adjourned at 2:06 p.m. Marlin Torgeraon, Mayor ATTEST: Gary D. Plotz, City Administrator CJ y ~~) . MINUTES BTD OPENING LETTING NO. 10/PROJECT N0.03-18 MAY 6, 2003 Presont: Ken Merrill, Finance birector, and Melissa Starke, reporder. Ken Merrill, Finance Director called the hid opening to order at 2:OD p.m. Mr. Merrill dispensed with the reading of Official Notice to Bidders, Latting No. 10, Projoct No. 03-18. Mr. Merrill noted that the City Council reserves the right to reject all bids and to waivo any informalities and irregularities as signed by Ciary D. Plotz. The following bids were opened and read: Magnoy Construction, Inc. Chanhassen, Minnesota Bid Amount $~,,~7.600.00 Quam Construction Company, Inc. Willmar, Minnesota $id Amount $154,457.00 CCS Contracting Now Brighton, Minnosota Bid Amount $217.000.QQ The bids were referred to staff for review and a recommendation, They plan to be before tho City Council far consideration and awarding on May ] 3, 2003. Tho bid opening adjourned at 2:05 p.m. Marlin Torgorsvn, Mayor ATTEST: Gary D. Plotz, City Administrator y (c~ Board of Equalization May 8, 2003, 4:30 p.m. • Duane Hoversten called the mooting to order at 4:45 p.m. Members present were Duane Hoversten, Kay Peterson, Bill Amdt, Tim Haugen, and Marlin Torgereon (strived late), Others present were Hal Kirchoff, McLeod County Aescseor and Sue Schultz, McLeod County Assessor's Office. Tho Board opened the floor to concerned citizens. Bob Homick presented before the $oard. Mr. Homick purchased property located at 45 4s' Avenue NW, which sits on Highway 7 next to the Amoco Quik Mart. Mr, Homick explained that this property was on the market for 10 months with no offers madc. He decided to purchase the property for $150,000 to basically acquire more land to propane for the Highway 7 reconstruction project. Tho assessor's office have increased the valuation of this property 18% when the house directly to the north of Amoco Quik Mart only had a 6% increase. Mr. Homick could not understand the reason why. He foals that this property ie being valued disproportionate to the other. Connie Dylla presented before the $oard. Ms. Dylla owns property at 436 Huron Street. This property is adouble-wide mobile home that site on a permanent foundation, however the . foundation ie not in useable form. This past yoar, during a storm, a huge tree branch came through the roof of the home and caused damage to the fireplace. T1te State Tire Marshall's office has told the Dyllas that the Fireplace cannot be used due to the demagc. The assessor's office have increased the value of the property $6000 and Ma. Dylla feels this is excessive due to the market of mobile homes, her neighborhood and the old garage and shed that ie on the property. Chuck frill presented before the $oard. Mr. Brill owns property at 222 Jefferson Street. Mr. Brill had concema of the increases of approximately $5000 that are taking place every year. He fools that the increases are moving too fast and too furious and fuels that there should be some sort of limit. Mr. frill expressed that he ie retired and it is difficult io keep up with such large increases each yoar. Mr. Kirchoff explained that the assessors base the valuation of the previous years market value, which uses previous sales of real estate in Hutchinson. Mr. Kirchoff suggested that his office view the interior of Mr. Brill's house to determine if the valuation is accurate If a change should be made, the Assessor's office will rewmmond the change to the County $oard. Sue Schultz, McLeod County Assessor's Off ice, presented before the Board in reference to Mr. Hornick's request. Ms. Schultz explained that she had spoken to Mr. Homick and explained to him that she had to use today's market information and not the future's. She recommends leaving the valuation as is, as it is still $12,000 below the price he purchased it for. Mr. Kimhoff explained that the average increase of valuation went up 7.9%. in Hutchinson. Mr. Homick . again requested that the valuation of this property only increase 5% as the other property adjacent to the Amoco Quik Mart. Motion by Hoversten, second by Haugen, to maintain the 18% increase as recommended by the Assessor's office. Motion carried unanimously. `-~ ~d~ Sue Schultz presented before the Board in reference to Connie Dylla's request. Ms. Schultz rccommended removing the value of the fireplace, which would decrease the valuation $3000. • Motion by Haugen, second by Arndt to reduce value of Dylla proporty by $3000. Motion carried unanimously. Sue Schultz presented two recommended mobile home assessment changes. Roth of the mobile homes wore assessed higher than the price they were purchased for. Ms. Schultz recommended reducing the market valuation to the purchase price. Motion by Haugen, second by Hovorston to approve reducing the mobile home valuations to the purchase price. Motion carried unanimously. Sue Schultz presented another recommendation on property owned by David & Lisa Byron on West Shore Drive. The Byron's recently had their property appraised for financing purposes. The appraisal crone in lower than the market valuation, therefore Ma. Schultz ie recommending the market valuation be ]owgrod closer to the appraised amount. Motion by Hovorston, second by Haugenon to reduce the market valuation on the property by $44,800. Motion carried unanimously. The third property presented by Me. Schultz is a duplex owned by the Wurachers on 2nd Avenue. Ms. Schultz is recommending that a 5% reduction be taken off of the market value. Ms. Schultz explained that this property may have been valued higher than the market because twin homes are continually getting higher in the market. Motion by Haugen, second by Hovorston to lower the market valuation 5%. Motion carried unanimously. The last property presented by Me. Schultz is owned by Mr. Schermer on Hwy 15 South. T7tis proporty is a small house on a small lot and Mr. Scharnror is requesting that the market valuation be lowered from $51,000. Ms. Schultz has agreed to that requeat and is recommending that the valuation be lowered to $48,500. Members of the Board commented that the $51,000 valuation was not unreasonable for property in Hutchinson. Motion by Amdt, second by Hoveraten, to deny the request of lowering the valuation, Motion carried unanimously. ATTEST: • Marlin Torgereon Mayor Gary D. Plotz City Administrator y Cd) • MINUTE$ HUTCHINSON PLANNING COMMISSION Tuoaday, March 18, 2D03 Hutchlnson Clty Council Chambers 1. CALL TO ORDER 3;30 P.M. The maeting was called to order by Chairman peon Klrchofl at 5:30 p.m. with the following members present: Brandon Fraser, Jim Haugen, Lynn Otteaon, Mike Flaata, Farld Currlmbhoy, Robert Hantpe and Chairman Klrchoff. Absent: Also present:-Julie Wlachnack, AICP, Planning Director and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated February 18, 2003 Mr. Haugen moved to approve the minutes of February 18, 2003 es submitted. 5econdad by Ma. Otteson. The minutes were approved unanimously. • 3. PUBLIC HEARIN(3$ a) CON5IDERATION OF PRELIMINARY PLAT TO BE KNOWN AS RAVENWOOD WEST AND REZONING THE PLAT FROM R1 AND C2 TO R2, SUBMITTED BY ROQER DERRICK, VIt.LAGE HOMES OF HUTCHIN50N Chairman Kirohoff explained this Item has been asked for a delay by the applicant to be placed on the agenda at a later date. b) CONSIDERATION OF AMENpMENT TO SIGN ORDINANCE RE(3ARDINt3 SANDWICH BOARD SIGNS Chairman Klrchoff reopened the hearing at 5:37 p. m. with the reading of publication #7003 as published In the Hutchlnson leader on February B and February 11, 2003. Ms. Wlachnack explained the request and the definition changes to inGude 'no moving parts". She again commented on the ordinance and the need to have regulations in place. She reminded the Commissioners of the fact the ordinance will take effect on June 1, 2003 and there will be no grandfathering permitted. Discussion followed on clariflcatlon of the permits being valid for one year. Ma. Wlschnack explained the ordinance would reflect a calendar year from January 1'` to December 31 °`. She also explained If a business ~ ~~J ~ Mlnuhs Plrnnlnp Comml~~lon - March 1t1, 2003 Pepe 2 owner received a permit in the middle of the year It must be renewed on . December 31'`. Ma. Wlachnack stated she will ask the Clty Ccuncll tc approve a permit fee of $15.00. Ma. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearln® closed at 5:50 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendatlona noting the changes discussed regarding movable parts and City of Hutchinson named an Insured on the policy. Also the addition of language daflning calendar year. Seconded by Mr. Haugen. The motion carried unanimously. Ma. Wlschnack stated this Item will be placed on the Clty Coundl regular agenda at their meeting held March 25, 2D03 in the Councl Chembens at 5:30 p.m. c) CONSIDERATION OF AMENDMENT TD SIGN ORDINANCE REGARDING PORTABLE /TEMPORARY SIGNS Chairman Kirchoff opened the hearin® at 5:51 p.m. with the reading of publlcadon #7013 as published In the Hutchinson Leader on March 8 and March 11, 2003. Ma. Wiachnadc stated the need for a revised portable sign ordinance was Initiated at the Planning Staff meeting. She commented on the changes to darlfy the ordinance and permit the signs with a special permit. She stated she will ask the Clty Council to approve a $26.00 fee for the permit and a $200.00 deposit to ba refunded ff the sign is removed within seven day8 of the permit date, insuring removal. Dlacusalon followed on auction signs. The consensus la auction signs are elmllar to real estate signs. Mr. Hantpa made a motion to close the hearing. Seconded by Mr. Currlmbhoy the hearing closed at b:55 p.m. Mr. Fraser made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ma. Wlsdlnadc elated this Item will be placed on the City Council regular agenda at their meeting held March 25, 2003 In the Council Chambers at ti:30 p.m. 4. ~$$ Year End Report -- Ms. Wischnadc commented on the 2002 Year End Report pointing out number of permits, planning Issues and obJectlvea for 2003. 5. OI.D BUSINESS 8. COMMUNICATI(aN FROM STAFF a) Crow River meeting - Ms. Wischnack reported on the meeting she • attended regarding the Craw River. She stated there were over 40 ~~~~~ Minute Plannlnp Commlislon - March 18, 2003 Papa 3 persona In attendance and the dl5cusslon lead to forming a river and lake • assoclatlon. b) April agenda Items - Ma. Baumetz commented on several agenda Items for April which inGude an annexation request, preliminary plate, variances and conditional use permits. c) ADJOURNM~ There being no further business the meeting adJoumed at 810 p. m. 5~~~~ ~v. PIONEIdR1,AND LIBRARY SY81EM _ OFFICIAL PROCEEDINOB • h1BYI1TES OF THE BOARD ME$TIlYO THURSDAY, F>l:BRUARY Z0, Z003 AT 7r3D p11L Pursuant to due call and notice thereof a regular mewing of the Pioneerland Library Systan Board was caBod to order. at 7:30 p.m. by Chair john Baker on Thursday, February 20, 20D3 at 7:30 p.m. in the Lakeland Aodhtxium, 502 Sasmd Stiroet SW, Willamer, MN. Roll caB was takmr and a quortm was umaunved. Chair Baker welwmed end rxognizad new members; Jeff L,opea reprceentittg Chlpp~ County, Stacy Grdhrm represrnting Kandiyohi County, and Paul Seuapfbndt represrnrting Renville County. Cha"v 9aker requested approval of the egeuda subject to additlonddaleNms: Board members requmted the fbllowing additions: V. Committee Reports, B. Finutae Committee; S. S.A.M.M.I.E. Gnmt ConVrd Approval; C. Pertormei Committee: 2. April Recognition Bmrquet G. Jahnsm motioned approval ofthe agmrda as presented with amended additions, seconded by Bratlie. Motim carried. Board member Reigstad moved far the approval vithr Jaaaary i~ 2003 miruter, seconded by Clowa Motim aealad Chair Baker opened discussion on the PLS Committee Appointments for 2D03. Committee Chair Bake explained that the E1<ecuttve Commlttae considered commlttae assignments based an the requirements of the PLS Bylaws, geographic represrntation end choices tamed in by the membexz_ He went on to mention thu every effort wu made to [marue that the PLS voting membership was involved on a committee. $aka informed the memberahlp that the Exeartive Bard realigned some of the Committees to mare accurately reflect the needs of PLS for 2003. The commhxees would ba: Finaneq Personnel, Policy, Technology, Nominethtg, Ad Hoc Committee on Fioartcial FtdtudStrrtegls Platmmg, (hurt, S.A.M.M.i.E. Governing Board and Negotiation. Chair Baker called far the wishes of the board. Board member Reigstad moved to approve the PLS "Committee Appointments fbr 2003^ as resommrnded by the PLS Executive Committee, seconded by Vondorhert. Ma[ion curried. Chair Baker asked that several of the committee members remain after the meeting to establ(eh dates rod times for meetings. Committee Member AI Clouse presrnted for the Finance Committer. Clouse maimed to accept the Jutuary 2003 Financial Report, seconded by Berg-Perry. Motion carried. A motion rues made by Clouse to accept the BOIa and Check Register es presented, seconded by Reckdahl. Maim carried. PI,S Board Treasurer Clouse reviewed the Flnmtce Committee's meeting of Febrtwy 2D, 2003. Focus wrs m fWtdNg levels for 2DD3. Finance committee members recognized the need For a budget amendment reflective of the cttrren[ ftmding levels. Following f1n-thee discussion, the members decided to hold on ctrutges pending the legislative otGCame fl~am the session. Also, members considered the impact of ^ union contract and felt they were not reedy to hnplemem a budget amendment for 2003. Clause moved approval of the 2003 City of Clukfleld (net a PLS member) cantractital "Agreemem" to provide library services to Yellow Medicine Cvtmty rural residents end to autharixe eignaturea, seconded by G. Iohnsan. Marlon carried. A motion wee made by Clouse to approve the S.A.M.M.I_E. Gem[ far Pionaerlend's spring stafftnining 2D03 m the use of Mlerosoft Office 200D (Excel, Power Point, Word end Publisher) software not to exseod SS,466.00 (marcimum total of 100 can attend the 10 sessions) and to autharize signatures, seconded by Rottmda. Maim serried. Personnel Committee Chav Vonderherr presented for the Peraoaael Committer. Vmderhur motlgted to approve the hiring of Sabrina Olson of Ortonvllle and Ashley Darks of Hutchinson, seconded by Sandberg. Motion atrrled. Vmderharr reviewed board member attendance and discussed that the committee was satisfied with the presattt status of board members. Ivey Vonderherr continued with a dlswsslon m the upcoming recognition fbr the "Hall of Famd' award. She informed the board that Meeker County trntedvely agreed to serve es the host site for Ploneerlettd's Atmtal Awards Dltmes to beheld on Thursday, April 24, 2003. 5 (4.~a Chair Bakes anrnuraQed overyone to ccnaidv submitting candidatrs for recognitim. Lead Negotiator Relgshd from the Ne¢otiatiw Cosnmittea Informed [he board that the head h'irerlan radon had applied for Smte of Minnesota -Bureau of Mediatlgt rarvicea. What this means is that the State of Minnesota will now become formally involved and will wont for a joint solt4ion on the proposed union contrast Policy Committee Chair Baker presented for the Pellcy Committee. Raker eQam presrnted the "Rules of Authority end Responsibility." He explained thoy were based an the "Public Library Trustee --Lndlwok" and refined to reflect the ideas and concerns shared by the tltll board at the 3anuary 16, 2003 meeting. C1hv Baker requested comments from the board. Hoard members refined spelling end asked that the changos be incorporated into the final doarmertt. Board member Hag-Perry moved to adopt the "Rules of Atrtha-ity and Responn'bllity" based on the reoommrndation of the Policy Committee from their meding held on February 13, 20D3, seconded by Reigehd. Motion carried. 41d Hut+inea. Chafr Baker called on Director Houlahan to report on Library Legislative pa . It was r legislators were visited and that they were interested and sensitive to the r y eportad that aeverel being new, they would have a leeminy curve to work through before they~ould be a~~t~d~s They did express that needs. Heulehan shred that as part oftha _ _ regional Hbnuy system level for libraries was termhtated. Conte s John Houu I hen had dealt ~th centralized procesg of regiptal~librery needs at the state level. Alas, who would be arotmd St. Paul to keep abreast of edivltles affecting llbraries7 $eaud member Wilde attended and had expressed concerns to the Finance Committee previous to the regular bawd meeting on leadership end funding. Director Houlahen discussed other soaves ofmomey to include possible pennanrnt telephone "user fees" to fund telecommunications for librerlas. The apprwctt would replace the presrnt method of seeking grneral fund tranathrs from the state. Houlahen alto dlscu.9sed the effectiveness of constiturnt services and Impecq on the legialatlve process. Naw Bwinesa. None. Chair Baker moved to the Report of Drector and turned the meedng over to Director Houlahan. The director reviewed en . "Accessibility" Grant that the Canby Public Library received in the amount of 57,735 fa electric doors, restraom and drinking fountain updates. Mr. Houlahan continued by explainltty a method of fund raising used for Ortonville that brought in 51,200 for the Hbrary. A final item presrnted was a letter sent to Director Houlehan for the Pioneerlend Library System in "Appreciation" of services provided by Randy Hlepler from Mgan The Milan Mayor and Council wanted the board to know how they appreciated his service. Chair Baker asked if these was any "Other" bnslneas. Hearing Wane. Chav Baker declared the meeting adjourned ei g:17 p.m. Che1r Baker reminded the board thQt the next meeting would be held 7;30 p,m. Thasdey, March 20, 2D03 at the Lakeland Auditorium, Willmar. Garrison Hale Secretary 5c0.~a ~v. - PIOtYSERLANp LIBRARY 9Y5I'ElN • OFFICIAL PROC1®ING9 MgriITIES OF 1HB BOARD MEETI!'IG TgIIR5DA1(, MARCH 10, 2803 AT 7:30 P.14L Pursuant to due call and notice therep$ a regular muting efthe Piomerlend Library System Board was ailed da order at 7:30 p.m. by Chair Tohn Baker on 7lturaday, March 20, 2083 at 7:30 p.m. in the Lakeland Audltaritem, 502 Sermd Street SW, W711amar, MN. RoH a8 was taken and a quorum canes announoed. Chair Hakes opened the ingesting with no now mpnbers or guasU ptesatt. Chair Baker requested approwl of the agenda subJect to eddltlons/deletiens: Bond members requested the fallowing additions: VIII. New Buahtess "V1'estern Heart Caro ,alliance" M5.6Tf. Clouse matiened approval ofthe agenda as presented with amended addition, seconded by Reigstad. Motiao aarrted. Board mmnber O. Johnsost moved for the approwl of the F~btnaryl0, 2003 talnotaa, seconded by Raigabd. Motion auried. Chair Heker introduced Keith Corn•emut af3ames M, Ru$ Inc. Certified Public Accountants and Conauhanm of Wllhnar, Mhmetote, Mr. Caarcmsn prevented the Pieneerland Lt7muy System Financial Statements Daoember 31, 2002 wdiG Auditor Cooreman informed the board that the audit included examining en t tea[ heels, evidence aupporting the amotmts and dlsclosuras of the general pttrpase financial satemenU. Further that the audit included aaseasing the aocamtmg principles used and sigttiflcant eadmatee made by management, m wdl as evaluating the overall 8nmdal amtement presentation. Its the auditor's opiniaq the general purpose flnmcial atatemmW rafetred to "present Burly, In ell material reepecta, the financial paeftion of the Ploneerland Library System rt December 31, 2002 and the reauha of fU opentdans for the year ended in eontbrmity with generally accepted atxdmting principles". Auditor Caoremen mentioned that rhangm from "Modlflad Accrual" nccatnting to "FLJI Aecxupl" (shnil~ to private sector enterprise accounting) acoounttng would be coming as early to 2004. Also financial reporting would be roquQed to conform to the new Oovemmenta! Accotruting Standards Board Smtementa 34 do 35 (Board Secretary's note: a transition from DOS based sottwaro to a Windows based fluancial/aceoundng software would lt7cely be m Issue for the library board in the Weer florae to atxxsnmodate the updated 13nancinl reporting standards). Hoard members asked several questions for clarification and to batter undersumd the findings ofthe audit, t~ttir Baker act the formal aantideratlm ofthe atrdh fbr 2011.2 aside tv patnlt board memban time to review the audit. TUe board will oormidar the matter ar the next regular meding. Finance Committee Member AI Clmsie presented far the Finance Ceomittaa. Weiberg motioned to accept the February 2003 Financial Report, seconded by Clouse. Motion died, A matien was made by Welbetg to accept the Bills end Chedt Register ore presented, seconded by Berg-Pony. Motion emriad Dh•ersor Heulaban explained the rationale for mdending the delivery grant which ie tlmdad with LSTA money. Weiberg moved to extend the LSTA Grant deadline $om April 30, 2003 to Junes 30, 2003 with no change ht dollars rend costs along with ratii~ing end confirming the Chair and Dkxctar'e actions, seconded by Hale. Motion carried. Chair Baku and Dlredor Haulahan reviewed with the hoard fmdinge related to a potential revis[on to the 2003 PLS Budget. Findings Included revisions to the aekuy accounts and consideration caw given to the segregation of reserves. Addltfonel reserves dlacttstion revolved erormd separating [apical emley for equipmam from the monies sad aside in the reserve accounts for'tvorking capital", Concerns were having money reserved for apital outlay mrd then not being able to utilize them for operalmg/warking capital. The Fintmw Committee m the}r Mardt 20, 2003 meeting eonsidered the matter m depth with the thought of moving very tarefhlly befare reserving meney for capitol outlay purposee. Board Member Hale noted that the concept ofreaerving far capital outlay requitxe estebli~ing the propose of the spite] outlay at the time of the reserve and that the ihhae use of such Rends would be restricted solely to the orighud propose for which the fiends ware reserved (in short don't reserve unless you ue sure shout the flmds uwge) In sacordance with generally accepted accounting principles. He wont an to explain that hesicalty anoe the Bends have been reserved it is very dl$icult to use them for operatlona. Chair Baker expressed dte concern that rho bond move cautiously with the potential of lean ftttaneial years looming in the future. l J ~~0.~ Prraonnel Committer. No report. Chair Hekar raninded the board members about the upcoming recogoitlen far the " Hail of Femc" awards. Further, he noticed the members that the Litrhtlcld Public Library located at 216 N. Marshall would be hosting a tom at 5:30 p.m. followed by dinner at the Farmer's Daughter located at 913 E. U.5. Highway 12 an Thursday, • April 24, 2003 muting at 6:D0 p.m. Please attend. Chair Baker encouraged everyone to consider submitting aendldwea for • the "Hall of Fame" recognitlan". Lead Nagatietor RelgsGtd recognized Negotiator Lowell Uelend's return to duty an behalf pf the Nagotlatlon Committee. 'They discussed the challrngea in working an a cantrect with the proposed 2003 legislation end financial chellrnges pending for the member clNes mtd counties. The Ad Hoc Committee on Financlgl Future/Strategic Plenniog Committee elected Ramona Peary-Berg to serve as their dtatr. Chair Berg-perry highlighted the meelurg. Key topics were: "Maintatwtce of Effort" (atatuto 134.34.4) along with the workshaa for determining the dollar amounts. Related prttding legislation to aliminete the statute proposed by the Asaoaletion of Minnesota Counties under theQ'timtbnded mandates" program was reviewed; "I.16rery District" (amntte 134201) Taxing District end Levy for library needs received aonsidaation with a note to move cautiously umll the remificatione of such levy authority could be anelyzud. The committee looked et futures auah es rent reea-vas; calrnder vs. 5sce1 year for budgeting; PLS control office personnel and salary budget needs; establi~ting a SOl_c.3 nonprofit foundetlon to receive gifts, grants, donations, eBttuitable aonWbtttions and the like; the role of a group ouch u "Friestda vfthe Llbrery~' to Wise money; the concept of regional library districts; determination of operational reserves Warded end development of policy; development of scenarios far redaction m services; and a revision of PLS's strategic plan. The Grant Committee held thek fleet meeting and elected Vicki (3rim11 es Chao. Director Houlahatt reviewed for the committee the remaining 2002 grant balan«s_ He watt an to explain that the rrommittae idrnt{fled the following Issues: developmrnt of grant policy; development of Qrant guidelines, need for staff to write grant epplicatiana end reports to manage grant projects; and to conaide SOl.c.3 Wan profit sratus far Planeeland Library System. Houlehen noted the committee would be working aft the issues smiting in April 2003. old Baslnaaa. Director Houlehen reported that there was legislation introduced to restrict the closing of libraries to the methods [Eyed to create them SF677 end HF9DI end would include a public hewing, public employee salary freeze SF773 end HF793, along with Elm Datebnse Licenaing HF626 and SF 756. Hale mentioned that a bill was introduced to rnd pay . equity reporting but the requirement to meinteut pay equity would ramaln in place SF 924. Naw Hualueae. (3atrison Hale introduced the topic of health insurance alternatives. Based on prevtoua disc»ssions with the PLS Haerd and other governmrntal tatita, he agreed to join forces with a group thw is tampvrarlly calling thansalvas the "Westcm Health Care Alliance", The group has received grants to pursue the concept of establishing a twelve county health care purchasing alliance under Minnesam $[atute 62T. He watt on to say they have had two organizational meetings to look et the viability of establishing such an orgemization. Purpose will be to serve as a sourcdnetwork for health care services. Member Hale stated the meetings have gone well enough that formalizetlan is the next stop and attracting for various profetssional services is now !n progress. If all continues es planned, a health care alliance could be ht place For sarvlce by August 2004. Tha concept ie to be able to save groups (pasonel, smell business and largo businesses es well es governmental entitles) ht a privetdpublic partneship. It would be possible far PLS end others to become purchases of sarvitxa ftortt the health care alliance. Hole's hope le to provide morn detailed infot»tation in the new fttture. 5taffAdvlwry Committer. John Houlahan reviewed the meeting with the board (mintrtes contain the deail dated December 10, 20D2). Chair Baker moved to the Report of Dlrectpr and asked him to take the meeting. Hr highlighted mare discussion by the Finance Committee on how to grapple with the funding challenges for 2003 and beyond. Booed members discussed the politics of rural Minnesota and the need to organize and "step up to the plate" end be counted. County anmissionere on the hoard noted that the new deptu-hnatt heeds for the State of Minnesota (Commissioner's) would not talk directly with the Association of Minnesota Counties. They would talk dvectly with the county's elected officials. It appears that more personal involvement by elected and appointed board members will be required to deal with legislative matters. Chair Baker asked if there was any "other" business. Hearing none. Chair Baker declared the meeting adJoumed M 9:52 p.m. t7errfaon Hale . Secretary SC~~a PIDNEERLAND LIBRARY SY8TEN1 REVENUE AND EIfPENDITURE REPORT MARCH 31, 2008 HUTDHINSDN M-T-D Y-T-b % OF % OF AMOUNT AMOUNT BUDGET BUDGET YEAR CITY OPERATING 0.00 25,182.00 100,728.00 25.0096 25% CITY AUTOMATION 0.00 1,022.76 4 081.OD 26 00% 25% COUNTY OPERATING 0.00 13,474.32 , 54,826.00 . 24 68% 26% COUNTY AUTOMATION 0.00 658.75 2,227.00 . 25 00% 26% GIFTS CHARGES FINES 12.32 063.49 1,000.00 . 08.35% 25% , COPY MACHINE 531.00 279 85 1,817,96 8,500.00 28.42% 26% EQUIPMENT RENTALS . 8 0p 715.00 0 00 3,000.00 23,8396 26% BOOK SALES . 0.00 . 0.00 0.00 0.00 0.00% 0 00% 26% 2S% OTHER 53.00 411.00 390.00 . 106.40% 26% TOTAL REVENUES 882.77 43,648.32 171,702.00 25 41% 28% RESERVE 110,283.48 110,283.40 89,862.00 . 122 74% 26% aRANDTOTAL 111,18823 133,932.78 201,014.00 . 58,8466 25% EXPENDITURES: SALARIES -8,124,93 -28,431.92 -112,346.00 23.5396 25% HEALTH INSURANCE H -2.20 -e.Dp -64.00 12.22% 25% . EALTH INSURANCE- DEDUCTIBLE 0.00 0.00 -0.DD 0 00% 26% PAYROLL TAXES -881.38 -3,208.27 -14,807.00 . 21 87% 25% BOOKS -1,574.06 5,772.13 -27,000.00 . 21 38% 26% PERIODICALS 0.00 -2,764.81 -4,320.00 . 63.00% 25% VIDEOS -14.36 .14.36 X34.00 _ 3 31% 26% BINDINGS 0.00 0.00 -100.D0 . 0.00% 25% TELEPHONE -32.02 -81.70 :133.00 27.68% 26% POSTAGE 8 SHIPPING 0.00 0.00 -312.00 0.00% 25% NEW EQUIPMENT 0.00 0.00 -1,000.00 0 00% 25% MAINTENANCE CONTRACTS 0.00 0.00 -1,428.00 . 0 00% 26% SUPPLIES -182.66 -320.23 -2,080.00 . 15 40% 26% PROMOTIONAL & PROGRAMS 0.00 -15.OD -520.OD . 2 88% 26% INSURANCE O.OD 0.00 -1,43S.OD . 0 00% 25% ADS S LEGAL NOTICES 0.00 0.00 -118.00 . 0 00% 26% AUDITING 0.00 O.OD -100.D0 . 0 00% 26% BOOKKGEPINGlaVERDUGS -297.62 -85042 .2,07100 . 28629E 269E CONTINUING EDUCATION O.DO -13.00 -444.00 3 38% 23% SALES TAX 188.38 0.00 -0.QO . 0.00% 25% AUTOMATION SERVICES D.00 0.00 -0,318.D0 0.0096 26% TOTAL E7(PENDITURE$ -11,000.04 -39,481.46 170,140_DO 22.41% 23% RESERVE 100,188.19 114,461.29 85,468.D0 2696 .~c~~3 Minutes Hutchinsan Public Library Board March 24. 2003 Present: John Hassinger, Mary Henke (.Librarian 1, Julie Jensen, Larry Ladd, Connie Lambert. E;ay Peterson iCity Council 1. Newt Potter Absent: Kay Johnson Tha ptaeting was called to ardor by Fresident Connie Lambert. Mntion by John Hassinger, second by Kay Aeterson, to approve the minutes of the February 14, 2003 meeting as written. AASSF.D Report of the Pinneerland Library Syrtcm boat•d niecting of March 20, 2003: Financial issues dominated the meeting, and Representative Jack Sandburg painted a grim plctur~. Among contemplated actions are a change in accounting methods, an attempt to obtain grants, and possible changes in forms of library administration. Uld Business: 1. Building remodeling progress report: Mary Henke reported that ceiling tiles are being installed, wiring for new lighting is complete, light Fixtures have been ordered, carpet and paint colors have been selected, HVAC will be redone, landscaping will be affected by budget cuts, and a sloped membrane will be installed tv protect the foundation after the ground thaws. 1, Reappointment of Larry Ladd to Library Board: Mntion by Kay Peterson, seconded by Connie Lambert. PA5SEU 3. 100-year anniversary celebration of library's dedication in June 2004: tulle Jensen suggested that the Library Beard and the Friends of the Library collaborate on the anniversary celebration. Mary Henke agreed to speak with Friends President ,loycc Beytien. Connie Lambert will father Information on 2004 dates surrounding the actual June 21, 1904 dodlcatian date. Julie Jensen suggested the possibility of a catumemorative printed program and volunteered to produce it. She also agreed iv research events of dedication day. (see attachment from June 24, 1904 Hutchinson Leader.) ~~ 5 ~~~'-~ • New Bualneas: 1. Hiring of Children's Librarian: sherry Lund, who has both a degree and egperienca in early childhood education, and is currently on the library staff, was promoted to Children's Librarian. She was present at the meeting for introductions and congratulations. 2. Pioneerland Library System Awards Winner: T'he dinner will be held Thursday April 24 at the Farmer's Aaughter restaurant In Litchfield. Part of the day's events will include a tour of the new Litchfield Public Library, On a recommendation of Mary Henke, John Hassinger moved, and Kay Aeterson seconded, that the Board nominate Julie Jensen For the ALS Hall of Fame Award In recognition of bar donation of more than 10,00D new children's hooks to the Hutchinson Public Library during the past 15 years. PASSED. Larry Ladd moved, and Newt Potter seconded, that Linda Goetx be nominated for the ALS Hall of Fame Award in recognition of Five years of exemplary service as Children's Librarian. PASSED. ,i. Other: Connie Lambert read thank you notes addressed to the Board from Linda Goetx and Marv Henke. NEXT MEETING: MONDAY. April 28 AT 4:30 P. Meeting adjourned. Jullc M, Jensen, Acting Secretary L~ 5 (a~~-I The ~lutchinson Lei FOLU',`sE Y3[Y, HUTCAIAE4H, i~IHHE30TA, SL?v'la °4, :9D1. LIBRARY ' a.aa ~ aLaaa rt~¢ ~a »aa~>a ~¢t, for the edaatlna ud eLersa,a. trf -~ rsa mrai9. Is ka fnr as tp Lire hoary aaLp pct. arara{ sad Ga,s rt.. Fargn retm,.a sad liberal t DEDICATED. ~`~°u"~~~°"'`°` `~ ~' dn.da Yr. SLrarea eryrewd fee LSa[[ ai tha Lihrst7 board Rhm ace Lv LLn -`_~~__ of as ar'ahiteeS DPE~iEB TD THE PlJBLIC. ~`~"Se""r"~=~'~~''~ a]ae lD i teonlrscmr m oeaatraaL GaLIdLLI fp* both had been sale Appropriate Opeciop Ex ar cts ee.1 oanactaa tLear >, Lh.1r rork, ~ Ice L'ream Social Band CaxBLt eeCd1LDt ~e ~0n+ ~ s6a board large Uu[paaring of Peoph tv ira!a~ °°~~° ~' ~ ills Gan F. Eald rLV, ]lbxarfa sped the Br3ffry. se. wis lmrar] ~m~.-r.._, .rr _ _ o¢ Lan arch Hxthara trala sad 'rl eLChisaoa's bean Llfnl sad r¢Laaarr in: eaLled a W tr~reak. tial yublx lib ns7 Inlldlal[ V ¢ew oFea ~~ Bid*~ ^Y ea thaaLUk La thr ox o['Lne f~FTL. Lhn formal her Prslae ni thn band laL aaai d al!eatio¢ haria f[ been made LaaL ~arraaramaaLa sad teSnrred W Yar T:w:da] ett¢i¢R wLLa as aporoFrLU ~ TEL aL ihn 6RL 111aar] opy urarram. ~ I yy rya $ser] detail of Lht bdld LL rY fL !sh W.. thn D,ob raced ihakr ahd ree, a prat,y loo of Gn wan rnxe plaand :hro¢Rhcrt the huild Ler, nfa teh ru trrllS"'tfp 1leh led sad Ihrm Led hoa aese¢ o'e]pek 1n [he ere of ¢L oat11 tea rLtO Pro pln ad mlrlnrLhn arraarawea L, the arLl rtlc fiafah and the rlrM itu- niiilra. 'Ihe rand weeert ran nhaa=ed La L Lro peen aLp. Sba {dYmaatad tq La Lhe a a¢ the ra~ariuble sae ]16rar] hate, whteh atu mac vpraadrted, and ~ imght w lac lihe'ar3 and the Gr'¢rch of thn and tLl PvrPOau sad a,;adoa, sad of She kSfaaanL aia W '1 ah1s. Yr. SLearna Wn¢ Rod 1 rda-ram ~ pLm as LhL ere¢taQ Contend of from lbe ameLr] at eha Liteh Lr-Ld the L~ar alt[h4 and Lhe park roe llbzat'! hard, iltL dliva L LfW, ez- LLPhted ¢p rlth colored e!ea lx Le 11Q6u 9raa•l¢L regrxt chafe w.m ai etrlr far the oar sLnL o1 Ice oreao and ¢akn~ m"m~' a wre ahte Lo be yreaeat ae b] the ladies d iha ForLalr-ntl] e]nh nur pf>`ofne, N.nd k¢4 RR [fora to Wr sad Laekr [rtwda. hard aeo in 8!!aa Bsld wf e. P realde¢L Suurna a! Lhn lShraa )'~ $'°r. W. 9 Argaw rp 1^Lraduad Maxd prealded darlag 6he prarnn rd dl•c¢'aed the libL-ar• from Lhn anL before IatrMnaLvQ the drvl I ~°Itlari pole[ u[ rle r. ge ~ ~ apes_ker skin a }er ILrt r, dyetar] n. lihnr] v~ the mSn let~t'e y;e [rteod marJu, sa]i ¢q L~Laa Ilbrar] weal ur f: dLd .. i:farmatlm, sad exerted Lh~. 'ry :ul1[ of s:+lnkic F, tTOaLrt t rde o the V-ufnaLu... ~,:::,s ~ rlar 4. Gh•dr:,a Lra~n rnl .hll she t nftrr .ruv-- of Fha humon~ and x ra xc Uf h r ofRx a=, the tr• e~lnLi,M to all sector, Yr. Ander- r~¢ w1¢ud oeL to. ae ed a! a p¢ell¢ llarar] u Lhe Qetvil reader, and 111 vs cra Led the y,7 0: '.Le r^r~y(ye. ah!a a[ the ben; ~w,ka rhich iz ~vti~ ed. Ha also .~e•tannded three rho hnd Uera lmr.-a acorn] 1a Drle.RiaR about Lhe mlmlmtlca rh]ah rp aoa heinQ eaL 6raaad.. Carl 3chall L[ar Blued a ]1uL ahaptrr [ram hL nwa peraoe al [spec Saaw refea lUnacn Led fn rkat ra] tha pabik llbttr~ ran o[ `rest ~J forelra laada and arhn [wad iL neeo- rr] to Var¢ ihn ~ellah taaaRx, eserlma a*raumti ;~~!s-'•s'® and L1~Mth ka~ bd¢re ke wan able q 5aIl a 1~fe- hlseLt to the aatl:ritia a! the cosmtn: Hit Cra •rperleaen roe m dvobt t]pl sl d Lh •i sf •*~^'i• o! oahnrr r ha Lad w e maieaa off rlth- oee aaaae7. fr}mmds, or kno~.edLa u! tka aoantr]. Ha had [pond the pabtle llb]at7 d tan trtaie of Naw York o[ L,~;~h.L- ralne sa hLm 1f DL r!f• edvaatlm. C. YL BebLart dlatowl aha r•].~.. a ~ ~ to ~ ~,~~ sad >n • ahnaLrhtlai ulk aufxted avt ta. >ya- sar L rhfnh htsth area~na ralrk ~ >, hard. aL}~aaIDeaLlaR aa. aathr~ ~ .t..atLana.al roree,, sad ue rar.paP.r is .e,r..>_;.,. d : tr.,raLSsL ~L+n t•~,r e, w d+laada ~rm t3a ~}br o! tha MPS Y b wdtai L Lha klaal W tLhar•p LtT d tlea • mWr .rhiai d dir tsrLaled b! [I, av cha ]Lhk•.arLr o,atea oar; i~LFea the p4hli~ taate.lar rood read lqL. ! abk m a ja'taL and~d~ur] Aaearar] ! OdgaiM ran arv dptala•d at 4Leaeeoa sad wan ..h3e Lo reayad AS tna alai of the aadr~a Prrr} deal Htaaraa lrevrll] prated [ha lihrar] b She asy throgh the raa]or, rho r'eaiwded. T!e ~aLa Quartet agar Cwo anahQa daraL{ the cr•aLL, The ldbrar] ~ ro it ogaa uer7 alLer- aopa and esea LaL from saw a¢ ram Loab aaa~bn ukaa ova awful Lhe ratan, ar tha readlaF rasa aced. 'I'bca¢Lh thaedmu tl Lhe For tal¢ha- i] Clv6 vi Lhe 1r frLada a besaiif ul Oa1aai al Nda:k wan placed Ln the L mark and ran cc ex~Lbl Ltm ^t [ae dud ivl}na. IcL a bsantifal clmeplem .._.d!na aha¢e aesen f~L hlQh, and L nlucd at !ea GO S`L lad Lea' See oraam aoeW reeety4 were aLcaL a:a (A and th• book L6alrar mu; cad la Lbe•"v^ u{ ai qa W.aea . eo •.ha ISbnr]. i aafd ra aaoreasr i ~ I A D and tLta ~~'jjrao tL.a rook+cr n brar7 cammlr Memo Tor Mayor end Clty Coundl Members Prvrr~ Brad Emana, Flre Chief Qwt~ 811/03 rtes Monthly Update an Actfvftles of the Flro Department The fire department responded to 38 general alarms in the month of Apol. Example of a few of the calls: 1. We responded to a bam and shed fire In Hutchlnaon Township whero we eventually ended up kx:atlng end then recovering the body of the 87-year-old owner of the property Inskie the bam. We have determined the deoeesed man was burning garbage and acckientally set the bam on fire. • 2. We rosponded to a mutual ski roqueet from the Dasael fire department for a large out of contrd slough }ire. The fire was brought under COnVoI In spout three hours. 3. We responded to a mutual request from the Winthrop fire department far a grain elevator fire In the downtown area of Winthrop. This is the breakdown of the calla for the month: City; CammerdaUlnduetrlel 3 Multl-family 4 School 1 Carbon Monoxide 4 Hazardous Materiel B VehlGe 2 Rescue 1 Mutual Aid 2 Rural: Rescue 2 Gress Type 4 Medical 3 Farm Buildings 1 Vehlde 1 Drills / Meetings / Othtar Information We completed a defenalve driving dose! dr111 at the training ode • Completed a base advancement, teatlng end packing drill on all of our engines • Assisted McLeod County with the ennual'We care shout our kkls "day at the Hutch Mall . Conducted a fire safety days far the annual JC Bebyattting Clink: with 130 kids In attendance Conducted a fire extlngulaher class for the employees of our post ofllce 1 5(a~5 • Conducted a fire saTety dasa far the realdence of Park Tower • Conducted several The praventlon desaea for fha students of Maplewood Academy Continued to worts on end up~rada the reglonel tralnin~ alto C~ • • Page 2 .5~q~5 l~~~'rCrlirr~ 1°X'~r~~ts° ~""~~e I I ~ '~t DESC R~SIC~EI~TIAL F~E5H11'J~aL~ ~rI 1'~~ h.ESIC~Er~TDAL FdE'IL3E ~~''~i FZ~~tlPl~TGAL"V~Ir~aC1'v"Vf RI~V..A~I'~IiI~1T m [~ m ~ ~._. ~~Yi~AwVATIf)CJ CI3t~~.. _ .... ...,.. ~. , .....~ .. _ FEfd~~ _.._..- m..,.. C~5 _._ -....... ~~~. -}-t~~FP~tEf~T FLi4T~l~ff~' -_... I~~,~~~, .~e_.w..m .~.~ P:~~ 7VRN -_..- r,5~ SI~NI - C~FaL -- _ _... Ian K ~~~ HIECD~. ~~B ~ ~~"'' ;'~e ~8 Aa~E~+1EPUT ~INL LH-FF'~NVII.Y 'J~'ETH.~~hYEL7 ,S~Nt3LE ~,4~PJ~IL~ A77AC"riE[:~ ~..._~ _ --- .. ,,,,,,,.~.. m m .._ .._ bTF4'EF~ hUI"?NI~`r51GFN_rIAL STN~UTUF~E +~THIER THAN ~s~ILC~~I~ ... ~ ._ F~EGC7N'TIIAIr ~IC~I'UE~ RC,C~I flt~N n.n~._.. N~ 7~,~. ~._ _ °° ~f~'~"dTlAk. ~ NC~i`J I~iC)L1~S~P.HEPI~•f~' a4~"° ~ :~P~'"- _. ~~~~m. __. ~rrr t'T:c' rr~errltlt t~f`: ~~~+i~w ~U.a r"= ~? `~L ~'ALLI~TIGT3 _. ~1~ $ia~ti ~,v.. '~~ ~...m... _.. $CN i~~~.~E ~ __ $I~.C7I) 1; Si;~ UCH -~U. iii _ ,, _ ~ILr~Cp ~~;_. ~L1.V3+~ __ ;, ...., ~<<,r,~^~ '..... gy ...... - 1~O.t~;~7 '... p A ..~J J,, ~~]L, NJ~.4J{1 ___ ~SIa,:~uR~.4~I 2, 11~,h~I~.~3I '~6r.... ....... ~16~,9~6.8~~ 4 ~9,8~3I:tl.t~€J j 144 2,378,4I36'.8 ~rrrtaer aP` f'Pcrr~a~ir~~r i'~~n~Is f~a~' C~i~ rrr~rrt~r ]ViEMOAANAUM TO: Mayor and Clty Council k'ROM: Bullding Department 1tE: Building Codc Change DATE: Aprll 11, 2003 '1'hc State of Minnesota adopted a new building code on March 31, 2003. The code that was adopted for the slate is the 2D03 State Building Cude. This 20D3 State $uilding Coda includes the International family of codes. They are comprised of the international $uilding, Pire, and Rcaidential Codes. 'fhe In[emational Mechanical, Fuel C3as, and the State Plumbing Codc will soon follow. These new codes have been anticipated, and discussed for at least four years. It is the intention to have these codas adopted throughout the nation to make transitions lass cumbersome for architects, engineers, and contractors who work in different stores. The Hutchinson $uilding 1?epartrnent ie requesting the City Council to adopt the 2D03 State Tiuilding Codc along with the related documents listed in the Ordinance, along with optional chapters appendix K and chapter 1335. Optional chapter appendix K courts grading and erosion • issues not covered by MNDOT. Chapter 1335 is for flood proofing regulations; Lhis ie needed because of the cities proximity to the ever and potential building in the flood plain. ~e)1 Publication No. Ordinance No og-g41 Adopting the Minnesota State Building Code This ordinance provides far the updates of all ordinances and parts of ordinances that conflict therewith. Section 4.oi. BCTII.DIN(3 CODE ADOP'T'ED. The-~4-ii}neee#a-6~in~Gede .~ mno. MinnecntA StAt@ Rlll g pursuant to Minnesota Statutes x6B,s9 ' h h it Mu ' 1 er ,4. x, 1300, State Building Code {tg98) (2003); S. ~,, 1301, Building Official Certification; G. 3, 13os, Construction Approvals; O.~ ~~ . no jam' ~, rwnib~ 5. ' ' t 1 E,¢, 130, Elevators and Related Devices; ~Z 104. Adoption of the zooo International ResidentiQl_Code; 6.$~ -- existing, Buildin¢s: ~. y3i~, Adoptign of the 2002 National ELectfj, Code: ~.~ ~ L'1.,,,,7.. ~ ~.. .~..+........ , "'b ~ ~.b........~.. ~, 1~s~. Solar Energy Svsteme: a,u, , 1~So. Fallout ~he~t~s; i~~ , x_~a5. F'loodnroofing Regulations: ~~ , ~•~ . . 1 , ~~b~ I i ~.~ t 8.1(x. , i~6o. Prefabricated Structures: 1?.~ . i~hi. Tndnstrialized/Modular Buildin¢s: (' 8g Code, ~ 4.ot) (Ord. 98-242, passed tt-24-98; Am. Ord. gg-258, passed 6-22-99; Am. Ord. 2000-285, passed to-io-oo; Am. Ord. 02-30~, passcd 3-26-02) SEC. 4.02. , PERMT'X'~ AN FEES. The issuance v# ItIlrrTIDitlL~Shli s~nllrrtinn of fees shall be as authorized in innesota 5tatutea. z6k3.62, subdivision i. P rmit fees steal governed by this code in accordance with the fee Minnesota statute 16B.7o SEC. q.o3. SUILDIN(3 PERMTT REQUIRIiD. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove or convert any building or structure, or any part or portion thereof, including, but not limited to, the electrical, ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining a separate building or mechanical permit fvr each building, structure or mechanical components from the city. SEC. 4.04. PLUMBING PERMIT REQUIRED. It is unlawful for any person to install, alter, repair or extend any plumbing system without first obtaining a permit therefor from the city, and paying the required fees. SEC. 4.og. DEMOLTITbN PERMIT REQUIRED. It is unlawful for any person to demolish ar cause to be demolished auy building or structure without first obtaining a permit therefor from the city. Application for this permit shall be made at least ten days prior to commencement of the demolition, together with payment of the required fee and deposit. It is the responsibility of the party holding the demolition permit to complete the following: • a. The removal of all resulting debris, including but not limited to ~~~~, foundations, footings, floor slabs, chimneys and stairs, and the transportation and deposition of this material in an appropriate licensed landfill; and b, The termination of utility service in a manner and form satisfactory to the City Utilities Commission and the City Engineer, pursuant to then applicable city policy. SEC. 4.06. EXCAVATION PERMIT REQUIRED. It is unlawful for any person, except a city employee acting within the course and scope of his or her employment or a contractor acting within the course and scope of a contract with the city, to make any excavation, opening or tunnel in, aver, across or upon a street or other public or private property without first obtaining a permit from the city, and paying the required fees. SEC. 4.io. PERMITS AND SPECIAT, REQUIREMEN'T'S FOA MOVING 13LTILDINGS. Subd. i. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. . t."Highway." A public thoroughfare for vehicular traffic which is a state trunk highway, county state-aid highway or Bounty road. 2."Street." A public thoroughfare for vehicular traffic which is not a state tn~nk highway, county state-aid highway or county road. 3. "street Moving Permit." A document allowing the use of a street or highway for the purpose of moving a building. q. "Highway Moving Permit." A permit to move a building on a highway for which a fee is charged which does not include route approval, but does include regulation of activities which do not involve the use of the highway; which activities include, but are not limited to, repairs or alterations to a municipal utility required by reason of that movement. g. "Street Moving Permit." A permit to move a building on a street for which a fee is charged which does include route approval, together with use of the street and activities including, but not limited to, repairs or alterations to a municipal utility required by reason of that movement. 6. "Combined Moving Permit." A permit to move a building on both a street and a highway. . Subd. z. Application. The application for a moving permit shall state the dimensions, weight and approximate loaded height of the structure or building proposed SL.b) ~ . to be moved, the places from which and to which it is to be moved, the route to be followed, the dates and times of moving and parking, the name and address of the mover and the municipal utility and public property repairs or alterations that will be required by reason of that movement. In the case of a street moving permit or combined moving permit, the application shall also state the size and weight of the structure or building proposed to be moved and the street alterations or repairs that will be required by reason of that movement. Subd. g. Permit and Fee. The moving permit shall slate date or dates of moving, hours, rousing, movomont and parking. Permits shall be issued only for moving buildings by building movers licensed by this state, except that a permit maybe issued to a person moving his or her own building, or a person moving a building which does not exceed t6 feet in width, 24 feet in length, or t4 feet in loaded height. Fees to be charged shall be separate for each of the following: (t) A moving permit fee to cover use of streets and route approval; and (2)A fee equal to the anticipated amount required to compensate the city for any municipal utility and public property (other than streets) repairs or alterations occasioned by the movement. All permit fees shall be paid in advance of issuance. Subd. 4. Building Permit and Code Compllance. Before any building iB moved from one location to another within the city, or from a point of origin wIthottt the . city to a destination within the city, regardless of the route of movement, it shall be inspected and a building permit shall have been issued for at least the work necessary to bring it into full compliance with the State Building Code. Subd. g. Unlaweul Acts A. It is unlawful for any person to move a building on any street without a moving permit from the city. H. It iB unlawful for any person to move a building nn any highway without a highway moving permit from the city. C. It is unlawful to move any building (including a manufactured home) if the point of origin or destination (or both) is within the city, and regardless of the route of movement, without having paid in full all real and personal property taxes, special assessments and municipal utility charges due on the premises of origin and filing written proof of payment with the city. Penalty, see ~ 10.99 SEC. 4•ad• HOUSING CODE ADOPTED. , .~Ch)1 r n .... n..,, .. ~ ..... • The iTniform Housi Code. t94Z] within the Ci1.:,Y of HutchirlsQtl, yQpie ofd n ]e in the office of the Clerk of "ty tc 'm&Qn~r „c~ and ex urination by~he public and shall be marlcefl "Official t%f -] 1Q5•" SEC. 4.2i. HOUSING CODE GENERAL PROVISIONS. Subd. x. Applicatlons. The provisions of this Housing Code shall provide minimum requirements to safeguard health, property and public welfare by regulating and controlling the use, occupancy, location and maintenance of all residential buildings, structures and accessory structures within the city. The provisions of this Housing Code shall apply to all buildings or portions thereof used, designed ar intended to be used for human habitation. Applicable requirements shall apply to all accessory structures, rooming houses, lodging or boarding houses, dwellings and dwelling units used for human habitation. Faristing buildings which are altered or enlarged shall be made to conform to this code insofar as new work, alterations or enlargements are concerned. Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all requirements of this code. (Ord. go-23, passed ~-io-go) Penalty, see ~ to.gg Subd. s. Definitions. Terms, words, phrases and their derivatives used but not specifically defined in this chapter shall have the meaning defined in Chapter 4 of the B Y. H Apartment House." Any building or portion of a building which is designed, built, rented, leased, ]et or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other, performing their own cooking services in the apartment house. z. `Board of Appeals." The Building Construction Codes Advisory Commission of the city or State of Minnesota. 3. "Building Official." The Director of Inspections or those other persons designated as building official by the City Administrator and City Council. q. "Fire Marshal." The Director of Inspections or those other persons designated as fire marshal by the City Administrator and City Councih g. "Health Officer." The Director of Inspections or those other persons designated as health authority by the City Administrator and City Council. 6. "hfficiency Living Units." Any room having cooking facilities use for combined living, dining and sleeping purposes and meeting the requirements of 5o3(b), Exception, of the Uniform Housing Code. 5 C~h~ 1 7, "Family." An individual or two or more persons related by blood or marriage, or a group of not more than five persons (exclucling servants) who need not be related by blood or marriage, living together in a dwelling unit. 8. "Hotwater." Water at a temperature of not less than ~rel'sF 12o degrees Fahrenheit. g. "Maximum Qccupancy." Occupancy of any dwelling unit shall not exceed the requirements of this definition. For the first occupant, there shall be at least t5o square feet of floor space, and there shall be at least xoo square feet of floor space far each additional occupant thereof, with the floor space to be calculated on the basis of total habitable room area. Bathrooms, water closet compartments, laundries, furnace roams, pantries, kitchenettes, utility rooms of less than 5o square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, workshops and hobby and recreation areas shall be excluded from the calculation of total habitable room area. la. "Nuisance." The following shall be defined nuisances: a. Any public nuisance known at common law or in equity jurisprudence; . b. Any nuisance which may prove detrimental to children whether in a building, on the premises of a building or upon an unoccupied lot. This includes but is not limited to any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors; c. Whatever is dangerous to human life or is detrimental to health; d. Exceeding the maximum occupancy in any dwelling unit; e. Insufficient ventilation or illumination; f. Inadequate or unsanitary sewerage or plumbing facilities; g, Uncleanliness; and h. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, tt. "Occupant." Any person, firm, partnership, association, organization, corporation or other who shall be in actual possession or have charge, care or control of any dwelling or dwelling unit within the city. ~~~~ tz. "Owner." Any person, firm, partnership, corporation or other association who alone, jointly or severally with others is the fee owner of any dwelling or dwelling unit within the city, or any trustee, guardian or other representative of the fee owner or his or her estate. t3. "Person," Includes a corporation, firm, partnership, association, organization or any other group acting as a unit as well as an individual. It shall also include an executor, administrator, trustee, receiver nr other representative appointed according to law. Whenever the word person is used in any section of this housing code prescribing a penalty or fine, the word shall include the officers, agents or members thereof who are resspnnsible for any violation of that section. 14, "Repair." To restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as replacement by new items. t5. "Replace or Replacement." Removal of an existing item or portion of a system and construction or installation of a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is not practicah (Ord. gv-23, passed ~-tp-go; Am. Ord. 95-156, passed $-5-95) Subd. 3. Appeals. Whenever the Director of Inspections shall take action which is dieputed, or when it is claimed that the provisions of the Housing Code do not apply or that the true intent and meaning of the code have been misconstrued or wrongfully interpreted, the aggrieved party may appeal from the decision of the Director of Tnepections to the Building Construction Codes Advisory Commission for its recommendation within 3o days from the date of the decision of the Director of Inspections and to the City Council for final decision. (Ord. go-23, passed ~-to-go) Subd. q. Posting to Prevent Occupancy. The Director of Inspections may post any building or structure covered by this Housing Cnde which is in violation of the Housing Code. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated, reasonable period of time and the responsible person or persons has failed to correct the cited items. No person shall remove or tamper with any placard used for posting. No person shall reside in, occupy or allow to be occupied any building, structure or dwelling which has been posted to prevent occupancy. (Ord. 9o-a3, passed ~-10-go) Penalty, see ~ to.gg Subd. g. Built-in Dcflciencles Exempt. The following are built-in deficiencies and shall be exempt from compliance with the Housing Code; provided that these built-in deficiencies were in compliance with a building code at the time of consti-uctian or do not pose a hazard. t. "Ceiling IIeight." Any existing habitable room with less than a 7.5 foot 5«~i ceiling height shall be considered abuilt-in deficiency which is beyond reasonable correction. 2. "Superf cial Floor Areas." Any existing habitable room of less than go square feet shall be considered abuilt-in deficiency and beyond reasonable correction. 3. "Natural Light and Ventilation." Any existing habitable room with window area less than to96 of the floor area shall be considered abuilt-in deficiency beyond reasonable correction, but in no case shall the required natural light and ventilation be less than 5% of the floor area. (Ord, go-z3, passed ~-xo-go) Sul7d. 8. Correction of Immediate Hazardav. No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or other responsible person. The dwelling unit maybe ordered vacated if no immediate corrective action is taken and the occupant, owner, agent of.the owner or other responsible person fails to comply with any order to correct any immediate hazard. Immediate hazards to health and safety far human occupancy shall include but not be limited to the following: x. Heating systems that are unsafe due to: burned out or Wasted heat exchangers (fire box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or incapacity to adequately heat the living space; 2. Water heaters that are unsafe dtte to: burned out or rusted heat exchangers (fire box); burned out, nested or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves; g. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; or ungrounded systems; q, Plumbing systems that are unsanitary due to: leaking waste systems, fixtu~e5 and traps; lack of water closet; lack of washing and bathing facilities; cross-connection of pure water supply with fixtures or sewage lines; or the lack of water; 5. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safely carry imposed loads; 6. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste or other materials rendering residential buildings and structures . unsanitary for human occupancy, including lack of light and air; and 5~h~ 1 ~. Infestation of rate, insects and other vermin. (prd. go-23, passed ~-to-go) Penalty, see ' to.gg Subd. ~. Smoke Detectors Required. All residential structures shall be provided with smoke detectors on each level of the structured where rooms are used for sleeping purposes. The smoke detectors shall be installed in accordance with the State Building Code and shall meet the requirements of the State Building Code. (Ord. go-z3, passed ~-xo-go) Subd. $. Repair and Replacement Work; Compliance Required. Any person doing any repair or replacement work on any residential building, structure and acceFSOry structure covered in Section 4,2x (x) of the code of ordinances shall complete any repair or replacement work in compliance with the standards contained in the definitions of repair or replacement in Section 4.2z. (Ord. 90-23, passed ~-to-go) Subd. 9. Structural and Life Safety Standards Compliance with the structural and life safety portions of any housing maintenance inspection required under Section 4.zt shall be in accordance with the building code in effect at the time of original construction, provided there is no significant danger to health and safety at the time of inspection. Tf no building requirements were in effect at the time of construction or the requirements cannot be determined, compliance shall be made to an extent to eliminate significant danger to health and safety. This section is not meant to conflict with provisions on hazardous buildings within the terms of other sections of this ordinanec. (Ord. go-23, passed ~-to-go) Penalty, see ~ to.gg Subd. io. Exterior Completion. The roof and the building exterior of all sides of all single- and two-family structures, garages and accessory buildings shall be finished with exterior building material as set forth in the State Building Code within t2 months of the issuance of a building permit for new construction, alterations or relocation. (Ord. go-z3, passed ~-xo-go) Subd. ii. Heating Rental Properties. Every owner, operator or manager of any building who rents, leases or lets for human habitation any habitable room contained within that building on terms, either expressed or implied, to supply or furnish heat to the occupants thereof, shall maintain a minimum temperature of ~oEF between September t and June t, inclttsive, at a point three feet above the floor level and not closer than 36 inches from any wall. The heating equipment shall be properly installed and maintained throughout the year. A habitable room shall be as defined by the 73nifertn International Building Code. (Ord. go-z3, passed ~-to-ga) Subd. is. Authority; Rigbt of Entry. t. Authority. The Building Official and Fire Marshal are hereby authorized 5~5) ~ and directed to enforce all the provisions of this Housing Code. z. Right of entry. Upon presentation of proper credentials the Building Official and Pire Marshal or their duly authorized representatives may enter at reasonable time, any building, structure or premises in the city to perform any duty imposed upon them by the Housing Code. (Ord. go-23, Passed ~-to-go) SEC.4•aa. OWNER AND OCCUPANT RESPONSIBILITIk'S. Every owner is liable for violations of duties imposed upon him or her by this Housing Code even though an obligation is also imposed on the occupants of his or her building, and even though the owner has, by agreement, imposed on the occupant, the duty of furnishing required equipment or of complying with the Housing Code. Every owner, or his or her agent, in addition to responsibility for maintaining his or her building in a sound structural condition, is responsible for keeping that part of the building or premises which he or she occupies ar controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units. Every owner shall, where required by this Housing Code, furnish and maintain approved sanitary facilities as required, and shall furnish and maintain approved equipment or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when the extermination is not specifically made the responsibility of the occupant by ] aw or ruling. Every occupant of a dwelling unit, in addition to being responsible for keeping the dwelling or dwelling unit or premises which they occupy and control in a clean, sanitary and safe condition, shall dispose of all rubbish, garbage and other organic waste in a manner required by this Housing Code. All occupants shall, where required by this Housing Cade, keep their premises in a safe and sanitary condition. (Ord. 90-23, passed ~-to-go) Penalty, see ~ to.99 SEC. 4.sg. HA~ARnOTJ'S BUILDINGS Subd. i. Application. All buildings or portions thereof which are determined to be substandard as defined in this ordinance chapter are hereby declared to be public nuisances and shall he ahated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in M.S. ~ ~ 46g.r5 et seq., related to hazardous and substandard buildings. (Ord. 90-23, passed ~-to-go) Subd. 2. Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different 5Lh) I meaning. The term "building". As defined in M.S. Chapter 463, and shall include any structure or part of a structure. Building may include, but is not limited to, any structure designed for human habitation. Any building which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard to public safety and health. Any building or structure which has any or all of the following defects shall be deemed a hazardous building: 1. One whose interior walls or other vertical structural members list, lean ar buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base; a. One which, exclusive of the foundation, shows 33% or mare damage or deterioration of the supporting member or members or 50% damage or deterioration of the non-supporting enclosing or outside walls or covering; g, One which has improperly distributed loads upon the floors or roofs, or in which the same are overloaded, or which has insufficient strength to be reasonably safe for the purpose used; 4, One which has been damaged by fire, wind or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of the city; 5. One which has become or is so dilapidated, decayed, unsafe, unsanitary or which so utterly fails to provide the amenities essential to decent living that it is unfit far human habitation, or is likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those occupying or using the same; 6. One having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein; ~, One having inadequate facilities far egress in cases of fire or panic; 8. One which has parts thereof which are so attached that they may fall and injure members of the public or property; g. One which because of its condition is unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of the city; to. A building existing in violation of any provision of any ordinance of the city relating to the constrttction of buildings or the installation therein or thereon of . heating, plumbing or electrical equipment, appliance.9 or devices; or tt. A building which is only partially completed and which because of 5th incomplete condition is unfit for the uses for which it was designed and intended; provided the building or structure has been left in an uncompleted condition for more than one year, and the owner thereof has failed during that time to renew his or her building permit or furnish the Director of Inspections with information upon which the Director or the City Council may determine that the building or structure will be completed within a reasonable time thereafter; any such building or structure is deemed an abandoned uncompleted building or structure and a hazardous building within the terms of this subchapter if the building is constructed of inflammable materials and ie sufficiently close to adjacent buildings to constitute a fire ]iazard; if the building or structure is left open so it maybe frequented by chlldren or by persons with criminal intentions; or if any portion of the building is liable to deterioration so as to be seriously detrimental to values of property in the vicinity. Subd. g. Owner, Owner of Record and Lien Holder of Record. Persons having a right of interest in the property where the hazardous building is located. Evidence of that interest must be filed and recorded in the offices of the County Recorder. Subd. 4. Standards for Repair, Vacation or Demolition. The following standards shall be followed in substance by the Director of Inspections or k'ire Marshal and the City Council in ordering repair, vacation or demolition. t. If the hazardous building cnn reasonably be repaired so that it will no longer constitute a hazardous building under this subchapter, it shall be ordered repaired. z, If the hazardous building is in a condirion so as to make it hazardous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated. g. In any case where a hazardous building is 50% damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a hazardous building cannot he repaired so that it will no longer exist as a hazardous building under the terms of this subchapter, it shall be demolished. (Ord. go-z3, Passed y-io-go) Subd. 4. Nuisances. All hazardous buildings within the terms of Subd. z of this code are hereby declared to be public nuisances and shall be repaired, vacated or demolished a_5 hcreinbefore and hereinafter provided. (Qrd. go-2g, passed ~-to-go) Subd. 7...11 1-..... .,.a !'...,al.. ;., 71ii_ `L ~ , YjJ•tJ• n., n...l .. .,1 /n...7 ., .,n .. ~,.a ., .-.1 i trati n n nd e ~h~ ~ . de a thi mu ici bin B A to t,~',s Municip l+~ity~o administer the code (Minnesota statute_x~~}~~1 subdivision i. Subd. ~. Violadone and Penal#ies. A violation 4f the code is a misdemeanor [Minnesota statute i6B.6g) and Minnesota Rules~~hap~1344. Effective Date of Ordinance. This ordinance shall take effect upon its adoption and publication Adopted by the Clty Council this day of , 2003 ATTEST: Vary D. Ylotz, City Administrator Marlin Torgcrson, Mayor 5«~ i rdiaaarrce r~. Cl;~-~4 .... PurbTieaticrn c~. r"LfiT C~T~I~TZ"~'~:~3~ ~p 'T'HE ,TTY t~l~ T~TU'"T'C'iill~Sl?i~„ 1'w'TTi'~dE'>(3"T'A, f"T~~.'~1"'T"Tl~l(i St~T°w~T~' a l'~TTwTt::,~N TT~EE'TA2.1;~41V`T' `T°T~TC Tt~HT'Ti"C~ F"T~~~'11iI: ~TT')T4'V~T.T~ t"'"'~l f' t")l'iT~ ~]"~Tr1 ~`i~~VT ~ ~,"6"ATI`~ F~Tt~CrT'E'"T"'k" T~t~~LsA"T laT') [fil ~i.11~T~TC' T~.Ti~11 tr~F ~' (7i~T r~tu ~~ E'I"l~.l~. "TINE tr:I"T 5:` l~fC7TCf•TT1'~t~N t~T7~Cfwfi: s~etr~ 1. 'Thy t~ity ruf Elutt~i~irrstara., ia^~ the C,truiity caf ~T~euuai, datate r~fl'~ira:~~r~sr~1. , ht ~ z ,:~fcr r~_Cerr~.d t~, ~~ Grantsar, hereT~y ~,rarrts ttia 5caracara"~ R~T~ •:it a:a T~.rstaaarar1t, lt~rerfier" referr•ecl to u~ c:i,~antee, laataa hi~~, taa operate and aaaairataira a idee~ralTC; Laft~ tips d~:~t ribecl irr tlrw l~ r~a'1 rleseripticn, artd ~~a ~~°hr~it A, i~r tt~,- l7rarprase oaf faced. seise rare certa.iar prcaper°ty cuv~°rred ~'7~ the City a~f I ~ aat'hinstan. fir„ ribed as fcril~wfs: ~T'Tae ri~„'ht of wad aaattira; the saaath !' ~>fT~a~t , SutltlY TTa:Tf aT" the f:ty ~f ~itttchirts~n. ~yc~cti~trl 2. `l'lre fi~at~~i~r~e is~>r~,ntt,~ for ~ 'e nn ~i one & 1 Y year r `'r~ameilcirt~~ i,_a the r'l~iie crft'e aacc i~tan~e c,f the franchise. (grantee shall file a '.'wTitli;n a::cept~ince of the, franchise ~~~tla the City :~-4irrtit~istr3t~~r of t1=ie ~`1ry ofl~utchix~s~~n .z~itl~in tc~~ [}f)) da~~s a2'ter the ~f#ecti~•r~ date +~f this ox~jitt~nc~ 'I"f}e* franchise sha116ecome effective only ~vlien the acceptance has been filed and evidence of gexaeral comprehensive aaad lia~ility insurance provided for in this `rant of franchise has beery tiled arrd approved. In addition, a filiaa~ fee of $50 must he paid. .~~~ctiara ~. (r;~nt~~r sG•ser ~er~ tl~~~ ~°itftt to enfarce reasarr~bl~ re~;aul;atans eaaacerrxira carast;ru~tiaar,, ~,l,rrati«rM arrci rrrairatenarrce oaf ~ciliti~s located airarr~I~, nvcr afl~c3 rraa~er tic puTalic rerr~ses l~reT"ctre r~erLtistr~ccT. atwcl the pl'acerraerat srfauch facilities. ~ectiarr ~: ~raratee sfaall irrdemraify aaacl daft:aud' ~rantar, its faaaa°ds, corrarr~issiarrs, afficers, a~erats aaad eaaalalcayares, is arry rxd all ether paablic a,erurwies, aaacl tlacir raarcrril~crs, afficvrsp agents arrd errafrlaryees~ a~airrst array ar"Qd all liabilities fiar imajaax~r to err death aafanv }~er~c,n irr any clara'waf;c tta aray praper~t°y caaased by ~trantee, its effacers, afents ar erraplayees irr flee carrshrrl~ticrn, nl,~_rsrfiirara ar rrrair~atcrrance t7f its ~r~erty, qtr arrsirtip aaat aftlae eacercise afaray rikr.t ar privilec arndi r ,~-hc~ fi~rn,::iaise. ectiara 5. l~:t all tiraaes daarira~; tfae ta~rarr cif flee Laaaaclau5~, Cii~ir~tr~ •,;vil 1, ~rt its ura ~xperase, rraaintai:ra in f'iar°ce general car~apr~hensive liability isaxrarace, ~~ith az~ ttastraan~~e, i,r~tf,tr~~~ ~,,~prae~edb'y the t~:'ityr of l:Trrrtchiaasara, ~aitkr limits apraw~ed b~ the palicies laeiaa~ far flee prCrt~~ ti, ~za at i__;~ ~it it~r arrd ats afCcers, a~;erats and. eta~tTOla~yees, agaia~st liability llor ]crss ar ~i:,raage fair baclily ra~jur"y, cleatl~ err _~ s°~k~cr! , :iaa~aa~ aeca.sir~neel by tfl7e activities aT`the C~raratee axrader tTre try 1ic17i;;~, ~Sectiarr ta. r~rarttee shall aaat Taave glue ri~,lat to a;~ igaa the Ti"aclaise catlterv~ise trar~rsfer it ire array r~~aarraa€~a° ~vrluatsc~c,:ver rar sell, lease, license, rarcrrtg,ago> c,r i~errnit cutl'aers to ease tr°arrsfer irr arry ra"lararaer alaatsaever gray interest iaa all cur" gray part of its facilities tl3at aa-c rrstalied ar° apurated rurrder~ this grant, e:~cept era pa°iar written appraval by ar"dinarace aftlae Caty t,:aazraciT of the :ity rafT~Tratcbirasarr, sect:iaaa. ?, Tra the e~°erit t1Yat ~anara''s 1'vlexicara Mesta:car°tiaaxt shaarld seesaw to east car 1~~,~ ~1,i Tail to >Ea: e t[~e f`raa'bchnse far aa~ac- ti~~alcnct t, ~ ~~a~x, lhn~s Tr~tr~~hi~se ~h~al't Try, dec~~~rcu~d rtcrll grad wn~iii ~x,r,~i ~{,,I1 r.~~ err r~, 11a~e C ~l_ c:al'TTutchirrsaaa. ifl~acaut rrr,` actiara caxa, the part af'the City ai'Hutchir~ascar~r rlaai:saever. ~'ectiaaa f3. ~l`his ardiraarace shall tale effect fr°aaar grad wafter passage and ptalalicatrarr, subject to the lararw~°isir~n abeave rquiri~~r r~rrttern accepta:raee by der-nerra's l'+de~acarr T~~:statararrC. ,~~ ~ " Adopted by the City Council, this _ .._ .day of , 2001. Mayor Attest: City Administrator Pttblisbed in the Hutchinson Leadar on Plret Reading: _ __ Second Reading: _„ __ J~-~~ ~. fl~r~.9~afl~zt ,~ t ri,e line ~~i tak~l~s, nat n~~a~c that: '~ t~ ~. i ~i ~ n~ tl~a„ ~uafl~~r_ Ian, 2`~~ ,~w~z7ra~. ante the s~~ler~°~1:1~ ~r~~. ~ kaa fl~~~~i~7 ~ ~~~ ~11e ~:a~'~ wu®~aL~ ~~ aY aria °~~l~an t~a~ &~tb9~~i~~~~ '~:~fll, r~,rfl~i~?~ as l~~a~~c~ k~~° tfl~e r~staaa~ar~t: f.~e-~-c...^+r *_'w 1' ~ ] ~CrCe~-. !-'L~-ems •. At -+.c-l cif s Lre c.-,• , ~•;•.c r rr~r cn ~' ~ - ~~ •i~T Lr ri-a C"•r-fC xiL C~rr•.~.a~.,r. •1rf L^ rL-i Ci r7C LsL L.p .,._. ch c. .~:~~ L.~L.!Ta L' r .~.~. -.~ •iaf L•• ~~ yra Lf r I%' ~. uw~ RC ~~....-Nfw ~~ TrL rf frC•~C'i-~; •lnls•;~'~L+•• :~rAf f ro• -r -s c+~r-naG-s. a~rtr~ c[r.. - QlLrloccc-irn ~:.~~~ J P~ ~~~~ ~~ C~.'-^•f'C~ -+acr7n~. -'~"ts-fir ~r'o T-- . -. ~T ~. cerr,~I{ -*r~~.fl n c r r.,...•, a ~, .,~ '.r I lCr'C .2 uC' nC,••Ly ~'~ .,r rr w~ :O: ~tl dC `.+- __. ~~ ~~~~~.~~~ h~~~~ Q7GJrFTn i'_37 Call rf.S •bv'.~f 'J ~ Ip' ~. 4'4 4 ...,.~ ~ ..., ...~c ,.,. Vl til. Ja+~'i~ 1 CY'rJ1 ~Ll~ ~ ~~ D7 rK'~r'{4~~'~ff ~r I I ~~ ~.;Ef td •k CGr l¢ UI •v ~~~'~ ~C iJf AVE SW ~~~4a of ~~n~=hr~c SC~~ ~. MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN Minnesota ,joint Underwriting Association Pioneer P.O. Box 1760 St. Paul, MN 55101-0760 (651) 222-0484 OR 1-B00-552-0013 C E R T I F I C A T E O F X N S U R A N C E F O R L I Q U O R L I A B I L I T Y C O V E R A G E This certificate ie issued ae a matter of information only and confers nc rights upon the certificate holder- The certificate does not amend, extend or alter the coverage afforded by the contract listed below. Policy Number: LL02-9514 Contract Holder and Address: JUAN & ROSA PEREZ SONORA'S MEXICAN .REST. 15 2ND AVE SW HUTCHINSON MN 55350 Scheduled Premises:SAME AS ABDVE Contract Period: 13:01 A.M. 03/31/03 TO 12:01 A.M. 03/31/04 This is to certify that the Contract of Coverage described herein has been issued the Contract Holder named above and is in force at this time.. Notwithstanding any requirement, term or condition of any Contract or other document with respect to which this Certificate may be issued or may pertain to the coverage afforded by the Contract described herein ie subject to all the terms, exclusions and conditions of such Contract. ~E OF COVERAGE LIMITS OF LIABILITY Bodily Injury $ 50,000 each person $ 100,000 each occurrence Property Damage $ 10,000 each occurrence Loss of Means of Support $ 50,000 each person S 100,000 each occurrence Annual Aggregate $ 300,000 annually Should the above Contract be cancelled before the expiration date thereof, the Plan will mail 60 days written notice to the below named Certificate T-Iolder, however, in the event the cancellation ie for non payment of premium, the plan will mail a 10 day written notice. Ceti f i cttT P unl der~IrmA +c Addne®s CITY OF HUTCHINSON 111 AASSEN ST NE HUTCHIN9ON MN Agents Name & Address: FIRST MCLEOD AGENCY,INC. 613 E 10TH ST ~NCpE MN 55336 55350 03/03/03 D to Issue Authorize Representative ~~~a r~ Memorandum TO: Mayor and City Council FROM: Brenda K. Ewing~ector of Human Rcsourcos RE: Consideration of Rcsolution No. 12170 City Equal Employment Opportunity Policy /Amend Appendix A of the City of Hutchinson Personnel Policy DATE: May 6, 2003 Attached is Resolution No. 12170, proposed to update the City of Hutchinson's Equal Employment Opportunity Policy to reflect the current language recommended by the Minnesota Aepartmcnt of Human Rights in regards io bases upon which the City does not discriminate in regards to employment actions. Additionally, Minnesota cities are exemptad from the requirement to have a formal Affirmative Action plan that is required to be approved by the State. This policy update does not refer to a formal Affirmative Action plan, but dons state, as the previous policy did, that the City will take general, "affirmative action" to ensure that all of our employment practices are free of any discrimination, to act aggressively to maintain a work atmosphere and to provide any services free of harassment, and to commit the necessary time and resources to achieve the city's goals of equal employment opportunity and affirmative action. It is requested that Resolution Nv. 12170 he considered and adopted at the May 13, 2003, City Council Meeting. If you have any questions, please contact me at ext. 213. Encl. ~~ h~3 RESOLUTIONNO. ~zr~o EQUAL EMPI.OY11~N7' OPPOR'T'UNITY POLICY The City of Hutchinson will not discriminate against or harass any employee or applicant for employment based on race, color, creed, religion, national origin, sexual orientation, disability, marital statue, status with regard to public assistance, political affiliation, sex or age (except where sax or age is a bona fide occupational qualification). The City of Hutchinson will take action to ensure that all employment practices are free of such discrimination. The City of Hutchinson will take affirmative action to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: hiring, reclassification, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training. The City of Hutchinson will act aggressively to maintain a work atmosphere and provide services in a manner free of harassment on the basis of race, color, creed, religion, national origin, sexual orientation, disability, marital status, status with regard to public assistance, political affiliation, sex or age and all other basis prohibited bylaw or ordinance. The City of Hutchinson will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment Opportunity and affirmative action. Any employee of the City who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. The Cily of Hutchinson has designated the Director of Human Resources to manage the Equal Employment Opportunity Program. Tho Duoctor's responsibilities will include monitoring all Equal Etnploytnent Opportunity activities and reporting the effcctivenese of this affirmative action program, as required by Federal, State and Local agencies. If any employee or applicant for employment believes he/she has boon discriminated against, please contact the Director of Fluroan Resourctai, City Center, 1 i 1 Aassan Street SP, Hutchinson, MN 53350, or call (320) 587-5151. Adopted this 13`h day of May, 2003. Marlin Torgerson, Mayor ATTEST: Gary D. Platt, City Administrator 77tia replaces City Resolution No. 8874 dated October 11, 1998. ~~ h~~ CITY OF HUTCIIINSON RESOLUTION NO. 121j~ _ _ AUITIORIZING CITY OF HUTCIIINSON MEMBERSHH' TO HUTCHINSON AREA CHAMBER OF COMMERCE WHEREAS, tho Hutchinson City Council wants to promote the City ofHutchinson and, WHEREAS, the Hutchinson Area Chamber of Commerce does promote and advertise the resources and advantages of the City of Hutchinson, and; WIIEREAS, the Hutchinson Area Chamber of Commerce has agreed to promote and advertise the resources and advantages for the City of Hutchinson including the al] City Departments including the Hutchinson Utilities, Hutchinson EDA, and Liquor Hutch and; WHEREAS, tho Hutchinson Area Chamber of Commerce has a fee structure to enable the Hutchinson Aroa Chamber of Commerce to do said promotion and, NOW THEREFORE, be it resolved by the City Council of the Cily of Hutchinson approves payment to the Hutchinson Area Chamber of Commerce Adopted by the City Council this 13th day of May 2003. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz City Administrator 5~~~~~ CITY OH HUTCHIN8ON RESOLUTION NO. 12176 TRANBFERRINCII$155,OD0 FROM SPECIAL A88E88MENT FIINb ($oad^ of 1976) TD CRNTRAL OARAOE FUND FOR FISCAL YEAR 2002 BE IT RESOLVED BY THE CITY COi7NCIL OF THE CTTY OF MINNESOTA: THAT $155,DOD is hereby transferred from the Special Assessment Fund (Honda of 1976) to the Central C3arage Fund. THAT this transfer of funds is hereby authorized for fi®cal year ending 2002 as authorized by the 2002 budget adopted by the Huthinson City Council by resolution 11854. Adopted by the City Council this 13th day of May 2003. l I Marlin Torgereon Mayor ATTEST: Gary D. Plotz City Administrator 5~~~ C May 7, 2003 Parks, Recreation & Communl~ Education 1x00 }Iirrlnplon Street 5W Huhhlnrun~ nva a~aSa3ov~ ssa~e~-xmvr.~ aao•zw~sa3 To: Mayor & City Council From: Mark Schnobrich, City Forester Re: MnDOT Landscape Partnership Agreement Attached is the request for a resolution and signed agreement between the Minnesota Dept. of Transportation and the City of Hutchinson to participate in a landscape partnership on Trunk Highway # 15 Sauth. The partnership will provide trees for the boulevard area of Hwy # 15 South starting at Century Ave and proceeding south to Airport Rd. A total of ] 24 trees will be planted by city staff and volunteers utilizing MnDOT dollars for plant materials. PdmM on mrydnl pnp.r ~ ` .~~ ~ CITY OF FIUTCHINSON RESOLUTION No. 12177 TI' IS RESOLVED that the City of Hutchinson enter into Mn/DOT Agreement No. 85070 with the State of Minnesota, Department of Transportation for the following purposes: To provide For paymant by the State tv the City of the State's share of the coats for the acquisition of landscape materials to be placed by the City upon, along and adjacent to Trunk Highway No. 1 S from Airport Road to Century Avenue within the corporate City limits under State Project No. 4304-969 (T.H. 15=151). IT IS FURTHER RESOLVED that the Mayer and the are a~~) authorized to exxute the Agreement and any amendments to the Agreement. CTRTIFICATION • I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the Ciry of Hutchinson at arr authorized meeting held on the day of 2003, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me thin day of , 2003 Notary Public My Commission Expires ~~~~ ,+oy n., LJ csiw.nre) a Pdw Name) ~C-~)~ OFFICE OF STATE OF MINNESOTA TECHNICAL DEPARTMENT' OF TRANSPORTATION SUPPORT LANDSCAPE PARTNERSHIP PROJECT 85070 S,P. 4304-969 (T,H. 15151) State Funda The State of Minnesota Department of Transportation, and Thy City of Hutahin~oa Re: 6tate coat landscape materials acquisition by the City for use. along T.H. 15 Mn/DOT AGREEMENT NO. ORIGINAL AMOUNT ENCUMBERED 17a.oo AMOUNT RECEIVABLE (None the "State", and the City of Hutchinson, Minnesota, acting by and THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as through it® City Council, hereinafter referred to as the "City" 1 5~h~~ 8507D WHEREAS, the City is about to perform landscaping along Trunk Highway No. 15 from Airport Road to Century Avenue within the corporate City limits in accordance with City-prepared plane, specifications and special provisions designated a® the "Hutchinson Landscaping Plan", which project has bean designated by the State as State Project No. 430A-969 IT.H. 15-151); and WHEREAS, the City has requested participation by the State in the costa of landscape materials acquisition in accordance with the terms of the State's "Community Roadside Landscaping Partnership Program"; and WHEREAS, the State is willing to participate in the coats of the landscape materials acquisition as hereinafter ®et forth; and WHEREAS, Minns®ota Statute Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT I8, THEREFORE, MUTUALLY ApREED A8 FOLLO-PAi ARTICLg S - PROJECT ApMINT9TRATION HY THS CITY 9~ation A. Land~oap• Materials Acquieitioa The City shall acquire landscape materials in accordance with State-approved City plans, specifications and ®pecial provisions designated as the "Hutchinson Landscaping Plan". Landscaping shall be performed by City forces in accordance with State-approved City plane, specifications and special provisions, which are on file in the City's office and in the State's Office of Environmental Services in 9t. Paul, and are incorporated into this Agreement by reference. 2 5~h~ 4> eso~o Section S. Purahas~ Order to b~ Furnished to the 9tat• The City shall, within 7 days after ordering the landscape materials, submit tv the State's Landscape Partnership Program Coordinator in St. Paul a vopy of the purchase order for the landscape materials. Saation C. Direation, Supervision and Ins~ectioa Landscape materials acquisition performed in avvvrdance with this Agreement shall be under the direction of the City; however, the State volt participation landsvape materials to be acquired under thls Agreement shall be open to inspection by the State's authorized representatives. The City shall give the State's Landscape Partnership Program Coordinator five days notice of its intention to receive delivery of the landscape materials. Responsibility for the control of the State coat participation . landscape materials acquisition covered under this Agreement shall be on the City and shall be carried out in accordance with State- approved City plane, specifications and special provisiens designated as the "Hutchinson Landscaping Plan". The City must verify whether or not nursery vendors are under a Gypsy Moth Compliance Agreement between the Minnesota Department of Agriculture, hereinafter referred to as the "MDA", and the United States Department of Agriculture or under an MDA Japanese Beetle Quarantine. A current Certificate of Compliance must accompany all plant material ®hipped from nursery vendors subject to quarantines for Dypsy Moth and Japans®e Beetle. To determine if vendors are subject to quarantines, call the MDA Supervisor of Plant Regulatory Services at (651) 296-8389. 8ectiaa D. Completion of Materiels Acquisition and Installation The City shall cause the acquisition and installation of landscape materials to b® started and completed in accordance with the time 3 ~h~ ~ • e5a~o schedule in the Community Roadside Landscaping Partnership Program Project Application, which is on file in the State's Office of Environmental Services and i® incorporated into this Agreement by reference, An exchange of letters between the appropriate City official and the State's Landscape Partnership Program Coordinator, for unavoidable delays encountered in the performance thereof, may extend the completion date for the landscape materials acqui®ition and installation. eeation S. Cv lianc~ with Laws, Ordinanca^ and Ra lstion^ The City shall, in connection with the acquisition of the landscape materials, comply with all Federal, State and Local laws, and all applicable ordinances and regulations. 9~ction F. Right-of-Way, Sasementr and Permit^ . The City ie hereby authorized to work on State right-of-way for the purposes of installing and maintaining the landscape materials, including any necessary replacement of landscape material® that fail to survive. The City shall, without co®t or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the installation of landscape materials. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for Stat® landscaping. ARTICLE II - 9TATS C08T eaction A. Haai^ . The State's full and complete share of the costa of the landscaping to be performed along Trunk Highway No. 15 from Airport Road to 4 ~~) . 85070 Century Avenue within the corporate City limits under State Project No. A304-969 (T.H. 15-151) shall be equal to the delivered coat of the landscaping materials acquired in accordance with the "Hutchinson Landscaping Plan." Section S. Payment It is estimated that the coat of the landscape materials acquisition ie $8,172.00. The maximum obligation of the State under this Agreement shall not exceed $10,000,00, unless the maximum obligation is increased by execution of an amendment to this Agreement. The State shall pay to the City an amount equal to the delivered cast of the landscape materials, not to exceed the maximum obligation, after the following conditions have been met: 1, Encumbrance by the 6tate of the State's total coat share. 2. Execution and approval of this Agreement and the State's transmittal of it to the City. 3. Receipt by the 6tate'a Landscape Partnership Program Coordinator, from the City, of the following; a. Copies of the purchase order® for the landscape materials, ae provided for in Article 2, Section B. of this Agreement. b. Certified copies of the documents, as provided for in the second paragraph of Article I, Section F. of this Agreement. c. Written request for payment, accompanied by copies of supplier invoices for the landscape materials acquisition and delivery. 5 5~~~~~ 85070 ARTICLE III - f3SNSRIY. PROVISIONS 9~ction A. Xn~tallation and Meint~nance by the City After acquisition o! the landecap® materials, the City shall install the land®cape materials along Trunk Highway No. 15 and provide for the proper maintenance thereof, without cost or expense to the State_ Maintenance shall include, but not be limited to, removal and replacement of all materials that fail to ®urvive. Criteria Por maintenance and replacement are shown and described in EXHIBIT "A", Maintenance Responsibilities Plan and Schedule, which is attached and incorporated into this Agreement. 6ection H. Ruponeibiliti a of the City The City shall, in connection with the land®cape material® acquisition, in®tallation and maintenance, comply with the following . conditions: 1. Use of 6tate right-of-way ®hall in no way impair or interfere with the safety or convenience of the traveling public in its use of the highway. 2. Preserve and protect all utilities located on lands covered by this Agreement, without cost or expense to the State. 3. As required by Minnesota Statute 216D, notify [gopher 9tatc One Call System C1-800-252-11fifi) at least 48 hours before any excavation is done on this project. 4. No advertising signs or devices of any form or size shall be constructed or shall be permitted to bs constructed or placed upon State right-of-way. • 5. Upon completion of the installation of landscape materials and during performance of maintenance operations, restore all ~~~~ ~ r~ L disturbed areas of State right-of-way so as to perpetuate satisfactory drainage, erosion control and aesthetics. LJ • 85070 Any use of State right-of-way permitted by this Agreement shall remain subordinate to the right of the State to use the property for highway and transportation purposes. This Agreement does not grant any interest whatsoever in ].and, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4(f) of the Federal-Aid Highway Act of 1959. Section C. Examination of Hooky, R~aord~, $ta. As provided by Minnesota Statute Section 160.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legi®lative auditor or the state auditor as appropriate, far a minimum of six years from final payment. section D. Termination of Agraem~nt The State may terminate this Agreement if it's the State~e desire tq use any portion of State right-of-way subject to this Agreement for transportation purpose®, by giving the City written notice at least 90 days prior to the data that such termination shall become effective. Upon termination of this Agreement, the City will be required to restore and return the area to a condition eati®factory to the State's District Engineer at Willmar. Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State ie not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services 7 ~~~ ~ 85070 satisfactorily performed under this Agreement prior to the effective dart of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covarcd under this Agreement- Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination, Upon ouch termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective. date of termination, to the extent the funds are available. . 9sctian $. Claims Each party is responsible for its own employee® for any claims arising under the Workers Compensatlon Act. Each party is responsible far it® own acts, omissions and the results thereof to the extent authorized by law and will not be responsible far the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 9s'ation ~. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. ISection ~. Agraunent Approval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State e 5~!~~ ~ and City officers a® the law may provide in addition to the Commissioner of Transportation or her authorized representative. sso7o Th® State's Authorized Agent Pox the purpose of the admini®tration of this Agreement is Todd Carroll, Landscape Partnezehip Program Coordinator, ar hie successor. His current address and telephone number are 395 John Ireland Boulevard, Mailstop 620, St. Paul, ARTICLE IV - AD7'HORIZED AOEN'PS MN 55155, ~65I) 264-3750. The City's Authorized Agent for the purpose of the administration of this Agreement is Mark Schnobrich, City Forester, or his successor. Hie current address and telephone number are 1100 Adams Street Southeast, Hutchinson, MN 55350, (320) 234-4459. 9 ~~~~~ 65070 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATL RNCL7[~IHRANCS V$RIFICATION Inds vi dual c.rtiii ea that funds ha yr b..n .ncumbered as regpir.d by Minn. 9tat. BB SeA.15 and ifC.oe. D$PARTMENT OF TRAN9PORTATIDN R.co~n a or .pproval~ By Date MAP$ EnCUiI1t7L'RnCe NO. Hy Land. oap. Partnerah p program coor nator Hy o .er ct ang seer Apprw.d By ®tat• n.a yn es~g n.er CITY OF HZTPCHINSON By playor ate Hy Title Hate Date COMMI88IDNER OF ADMINISTRATION Su a agate tc Hat.r al. N.nagem.nt d v . on By Date DFFIC$ OF THS ATTORNEY OENFRAT, Approv. •• to orm .nd .x.out oni By Date 10 ~ ~~ ~~ ~~~~ ov m Date Submitted Must be ~ weeks prior to dance datey ,~ ~~ Name of Appl~C~rtt __.~... r-, *~.' . ,~,. ,, ,. ,, _. --- -- -__-- --r . __ ' ~~. Address ~ ,~ ' ~ .._._ k~one _~_. ~ ~ ..~~r~_~"~..~. ~ ~ f _~.. ,. ,'~. ___... ,~......~._ __ _, ~ . ~ ,~ ~ ~ ~ ~ `. s ~ E ~ ~ ~r~, ;~~~ ~rgan~xation Name . Address f. Phone t,acation ofi Dance /J ~'~~ '" V t~ ~ l ~ i ~ ~ ~ ~ ~r ~~'-`"M~ .~ Dates} _ ..~._._ _~~ ~ t- , End Time ~T ~'r Has the iocation:t~een booked ~'~~ ~o Have yo-~ run dances in Hufchinson before? ~ hilca Elsewhere?' ~ ~' INo r ~~ ,:. .;.~. ., .~ .. x ~ ~ •~;+~ aignatur`~: of Applieat~t °° "~ ,~~ Deny ~~~~ Recommendation of Police Services A ro~re .... I Reason for Denial __ ~ .~_ __ ~. _: N ~....._ __~r_~ Actipn of City CaunGi( I'i: ___ ~ __ Security fees at an haurfy rate for police officers to Abe paid in advance afi the police d~rtment when a .contract is signed ~ IT N:lF~~~l'~IS1~C.~ ':'~'~:.€~.lC~ 7 ,~' ~.J.,_.F ~ .,,yk d ~~ ..~ _ „~ ~npry- -1'~rm City of Hutchinson FEE: 25.00 APPLICATION FOR GAMBLING DEVICES LICENSE kpproved by: Building _ Fire ~' Application shall be submitted at Police least Y deys prior to the Gambling oc~aslon I ~ ~G' AND z, _ .... La,e~ __ rifer Name of AuthorSzed Officer oS ame of Designated Gam ing Organization Manager 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 N0. 655 and Minnesota Statutes Chapter 349 Tor the license year ending ~py 3 Si na e: _.,..~ , ~l/ u or ze er rganiza ion es gna a Gamb ing anager o organization A. The following is to be completed by the duly authorized officer of the organizatci~on: 1. True Name: S I~L~ic (last) /first) (middle) 2. Residence Address: ~ ilJ "2~ ° ~ ~ ~ ~r ~ (street) (city) (state) (zip) 3. Date of Birth: ~s ~ ,_~ 4. Plaae of Birth, ~ ~ ~~ (mo/day/year) (city/state) 5. Have you ever bean convic •d of any crime other than a traffic offenseY Yes Na If Yea, explain B. The following ie to be completed by the designated gambling manager of organization: 1. True Name: ~" (last) (first) (middle) 2. Residence Address: /~ ~i¢r4 S 5'O_~/Y (street) (city) (state) (zip)$~~d 3. Date vT Birth: %/- / 3 -(o ~- 4• Place of Birth: S'f (mo/say/year) (city/state) r~ ~~ ~ ~~~ 5. Havs you ever been convicted of any crime other than a traffic offense? Yes Ido ~Tf yes, explain 6. Hou long have you been a member of the organization? S~y`~I ']. 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 .AN 57`F}S!~ F](elS~ 2. Date or dates gambling devices will be used J I°'~ T7~` (date and/or day(s) 3. Aours of the y gambling devices will be used: of week) From fD:~O To : UO A~ P.M. ~P~J 4. MaxSmum number of players ` 5. Will. pr;zee be paid in money or merchandise? ~~/~ 6, tiJill refreshments be served uring the time the gambling devices will be used? Yea No If so, will a charge be made for such refreshments. Yea~_ NO D. Organization Information: 1. Address where regular meetings are held ~~~Q ~,~}~~ 5~~-!-~iLr1f1~ 2. Day and time of meetings ~/~ TJfc9'. ~,9-~rN /f7oNrN - .'~~PM 3, Ia the a pplicant organization organized under the laws of the State of Minnesota? Yes ~ No 4. How long has th• organization been in existence? r Qa. How many members in the organization? O 5. What ie the purpose of the organization? p.~IGi ouS ~h4?Q~- 6. Officers of the Organization: Name Address Title ry. Give names of officers or any other persona paid for services to the organization: Name Address Title ~~~~ b. Organization Information: (Continued) 8. In whose custody will organization records be kept? • • Name ~( ~• ~(A[. Address ~~a'J Lkl« .~` ]l SLv _.(L~/ILJl/M~. 9. If the organization carries sufficient Insurance to coapensate the players i,n the event any in,)ury 1s sustained by players while gambling devices are used, or while vn the licensed premises, please state the Name of Insurer l~'A'ft~tiO~uru9c-G~Q.IP and Policy No~' $ S' 10. Have you {Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, end regulations governing the operation and use of gambling devices? 11. Attach a list of a 1 active members of the organization. E. The folio ng information ie provided concerning a fidelity bond given the gamblin onager in favor of the organization. 1. Name of b nding c any 2. Address of on ng company 3. Amount and ativn of bond L. Applicati i® ereby made for waiver of the bonding • require nts. Y No I declare that the informat n I have provided vn 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 Cit Ordinance No. 655 relating to gambling, and I will familiarize myaeli~ w~,t2a,%~he content q, ther~f~~, ~^ ure or ,auLn,oriz Subscribed and sworn I?~ ~.wul~ m7A7 ~ Subscribed and sworn 19 aLlon Data: /' v to b fore me a otary public on this 2.U~ day of ignature o v cry ubl~c Commission expires on ~,,,, 3I~~ t~d~efore ~ a notary public on this day of aignati of notary r Commis So pares on Social Security Number: MN Business ID Number: • c LDelTHU4 Mmrrneleuc- WNIIL1Ap MOCLEpP COUNTY MlCoadwNe Earn 1x471, 7~7 ~c~~ . RE8OLUTION Np. 12173 RESOLUTION ORDERING PREPARATION OF REPORT DN IMPROVEMENT LETTING NO. S PROJECT NOB. 03-12 b 03.19 WHEREAS, It Is proposed to Improve: Protect Nc. 03-12: Edmonton Ava SE from Montreal St SE to Jefferson St SE by constmctlon of storm sewer, sanltery sewer 8 aervlces, watermaln 8 services, greding, gravel base, bituminous base, 61tumincua surfacing, trail and appurtenances Project No. 93-19' TH 7 Frontage Road -East of School Road by canatructlon of street relocation, trail end appurtenances, and WHEREAS, It le proposed to assess the benefited property for all or a pvrtlan of the coat of the Improvement, pursuant to Mlnneaote 3tetutee, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BYTHE CfTY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed Improvement be referred to the Dlrectar of Englneerinp for study and that he Ie Instructed to report to the Ccuncll with ell convanlent speed advising the Council In a preliminary way as to whether the proposed Improvement Ie feasible and as to whether It should beet be made as proposed or In connection with some other Improvement, and the estimated coat of the Improvement as recommended- . Adopted by the Councll thin 13th day of May 2003. Mayor City Administrator 5 (~ ~'~"+CHi~T'~1V' EI`~C.~rT':~E1~.~3,,~~"~.~~:C ~~1~ ~MF~'".R."~'1"~a~EN`I" Hra~c~wzse~~ Cif C~a;~.ter /.111 f3~ssam ~tre~t :F' / Ht~~ci~.ra.s~z~ 1'w~t~ 5~5C}-252.2 / 32t~-234 420 / f^°.~"~x 0_`~m42~0 TCra Ihlleyor end Cit~r Cor~ncil FI~Iv?M: Johru ~. godeberg, ~irFCtt~r cif :a~uneeriroBl~ul~Gin U'~c~rks IA7"E: May 1 ~thi, ;~Ctl~ SIJ'B~ICT. Letting IN+aN 51Prvjs~ct Nas, (t~'l2 t73-19 ld~uonton Ave S ~ TFN? F~°ontage Rd I have studied tl^ue fdllawing~ areas based on reports c~rrn~aleted try city staff and l~;l~ C~ansui~ting (see l~roje~:t Me~~~uurandurn~~ a,nd find....... that the proposed araject is feasible and recarnrruend it. be constructed. rc~~iect No. 4-1 Edmonton Ave SE from l~ontreai S# SE to ,I~efferson St SE by cons#ruction cif storm sewer,. sanitary sewer services, s~eaterrnain~ services„ gra;dlr7g, gravel base, bituminous ksase, bit~as~ur~r~us su~fac.ing, trauil and appurtenances F'rp~ect 6Jo. t~-1 Tl1 7 Frontage ~aad ~ East, a~f School Load by constru ction of s'tret rel~cscation, trap' and appurtenances, and! ESTIMATED COST _.- 03-1Z D3-19 TOTAL Construction Cost $70D,ODD.DO $"t~0,000.OD $84ta,ODfl.OQ EngineeringlConsulting $133,i~tlCW.4~l' $6,6CD0.0~ $159,6k~(J.41f1 Administra#ion' 42,~IDID»tDC1~ ~8,4tJufl.~fi w $5'tt,4t1~.(1~tt ~.. __ IF~,callLegalllnterest ~1,t~Ot~.fg~ $4,211~Q.Q,tt1 ~2~,2.0~l.Qp ESTIMATED TOTAL $$96,43CtiC~:4~t $1~"9N„2[1MQ.Ctt! $'N,tY75,~t~t~.QC? ~ ESTIMATED FUNDING 03-12 U3-19 _ TC)fiAL Assessable Cost $951,20a.Cgtl $4.DCI $99,'2Up.Ut~ Deferred Asscssatale Cast $84,fDIyC1•Q~ ~.~'~~ $~8t),t9't~t1.Ot8' i City bonded $1t~9,201~.1)Cl ~O~.t?t) '$1419,2Di~.uDl~ City -Trunk Water $7t-,f131i~.Qh~p ~t7.p ~....,, TI~,tJOp.Uft - City -Trunk Sewer ~.~ '~•~~~ ,-~. ~'~.~~ Federal Aid $Cl.t]f1 $t~.t0f8 $4~~.taCb MsA ~~,sola.a~~ $1"rr9,2C!'[~.,t~t~~ ~~1~s,s~I~.4a IMnJDOT b7.t}tl ~q.OD $~.t~Q ESTIMATED TOTAL ------ -~ ..__ $6,4~I~t~.t}~A ,~,. ~a17g,C~Q.tJt~ ,,... _ ,,.~. 15 i .~:~"T~5,2tftl.tlt a~.,~, . cc; Cpl Dice - k-ngineer~E cy Df~partn~ent file: Letting IVc 1Pro~et Nos, 1~-1 ~ 4-1 ,r I ~, ~, • RESOLUTION NO. 12174 RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO.3 PROJECT NOS. 03-12 8 03-79 WHEREAS, pursuentto a resolution ofthe Council adopted May 13th, 2003, the Dlrectoraf Engineering has prepared a report with reference to the Improvement of Protect No. 03-12: Edmonton Ave SE from Montreal 3t SE to Jefferson St SE 6y construction of storm sewer, sanitary sewer & services, watemlaln & services, grading, gravel base, bituminous base, bituminous surfacing, trell and appurtenances Project No. 03-19: TH T Frontage Road - Eastof School Road by construction of street relocation, trail end appurtenances and said report was received by the Council on May 13th, 2003 NOW, THEREFORE, $E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: . 1. The Council will consider the Improvements of such streets In accordance with the reports and the aaaessment of benefited property Tor all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter429, at an e9flmated total coatof the Improvement of $1,07b,200.00. 2. A public hearing shell be held on such proposed improvements on the 27th day of May, 20D3, In the Council Chambers of the Hutchlnaon City Centerat B:00 P.M., and the Clerk shall glue mailed and published notice of such hearing and Improvements as required by law. Adopted by the Hutchlnaon Clty Council this 13th day of May, 2003. Mayor City Administrator 5l~ • RESOLUTION NO. 12187 REVISED RESOLUTION DECLARING COST TO BE A88E88ED AND ORDERINQ PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL N0.8081 LETTING NO.IIPROJECT NOS. 03.01 8AP 133-128-01 b 133.10908 WHEREAS, cost has been detennlned for the improvement of Dele Street SW from Roberta Raed to 2nd Avenue SW ($.P. 133-128-01) and 2nd Avenue SW from Dale Street to Maln St (S-P. 133-1008) by consVuctlon of trunk end lateral sankary sewer and services, storm sewer lateral and treatment Improvements, arading, gravel base, concrete curb and gutter, bituminous base, bitumincus surfacing, sidewalk, landscaping, street lights end appurtenances, and the 61d price for such Improvement le 52,089,928.99 and the expanses Incurred or to be incurred in the making of such Improvement amount tc ;878,873.97 so that the total coat of the improvement will be >i2,848,802.98. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL pF THE CITY OF HUTCHIN8ON, MINNESOTA: 1. The portlon of the coat of such Improvement to be paid by the Clty Is 5966,766.91, State Funde Ie 5384,2tS3.13, Federal Funde Is Sa40,000.00 and the portlon of the coat to be assessed against benefltad property owners la declared tv 6e 5480,7B3.B2. 2. Aeaesamenta shell be payable In equal annual Instellmente extendlnp over a perlad of 10 years, the first of the Inatallmente to be payable on or before the first Monday In Jenuery, 2004 and shall bear Interest at the rata of ~ percent per annum from November 1, 2003. • 3. The Clty Administrator, with the aeelstence of the Director of Engineering, shell forthwith calculate the proper amount to be epeclally assessed for such Improvement against every aesesseble let, place or parcel of land within the dlatdct affected, without regard to cash valuation, as provided bylaw, end he shall file a copyof such proposed ssaeeement in hie office Tor public Inapectlon. 4. The City Administrator shall, upon the completion of such proposed assaeament, notify the Council thereof. Adopted by the Council this 13th day of May, 2003.. Mayor City Adminlatrator ~,ch) RESOLUTION NO. 12188 • RESOLUTIDN ADOPTINd ASSESSMENT ASSESSMENT RDLL NO. 5081 LETTING NO.1/PROJECT NDS. 0301 SAP 133-128-01 & 133-109-08 WHEREAS, pursuant to resolution and notice of hearing the Council has mot and reviewed the proposed assessment for Improvement of Dale Street 5W from Roberts Road to 2nd Avenue SW (S.P. 133-128-01) and 2nd Avenue 3W from Dale Street to Maln St (S.P. 133-1D9-00) by construcflon of trunk and lateral sanitary sewer and services, storm sewer laterel and treatment Improvements, grading, gravel base, concrete curb and gutter, bituminous base, 6ltuminous surfacing, sidewalk, landacapinq, street lights end appurfanances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which la attached hereto and made a part heroof, le hereby accepted, and shall constitute the special assessment against the lands named thereln, and each tract of land thereln Included la hereby found to be benefited 6y the proposed Improvement In the amount of the assessment levied against it. 2. Such asseaementahall qe payable In equal annual inetallmenta extending Doers period • of ten (10) years, the finit of the Installment8 to be payable on or before the first Monday In January, 2004, and shall bear Interest at the rete of -percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added Interest vn the entire assessment from November 1, 2D03 until the 31st day of December, 2004. To each subsequent installment when due, shall be added Interest for one year on all unpaid Installments. 3. The owner of any property so assessed may, at any time prior to certlflcatlon of the assessment to the County Auditor, pay the whole of the assessment on such property, with Interest accrued to the date of payment, to the Clty Treasurer, except that no interest shall be charged Hthe entire assessment la paid by the 14th day of November, 2003; and he may, at any time thereafter, pay to the Clty Treasurer the entire amount of the assessment remaining unpaid, with Interest accrued to the 31st day of December, of the year In which such payment Is made. Such payment must be made before November 1 b, or Interest will be charged through December 31, of the next succeeding year. 4. The Adminlstretor shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax Ilsts of the County, end such assessment shell be collected and paid over In the same manner as other municipal taxes. Adopted by the Cpuncll this 13th day of May, 2003. Mayor City Adminlstretor ~~h~ RESOLUTION NO. 12189 • RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 1/PROJECT NO. 03-01 S.A.P. 133.109-0B 8 133-126.01 MN Protect No. STP43D3 (03D) W harass, pursuant to an advertisement far bids far the furnishing of all labor and material for the improvement of Dele Street SW from Roberts Road to 2nd Avenue SW (S.P.133-128-01) and 2nd Avenue SW from Dale Street to Maln St (S.P.133-109-OB) by construction of trunk and lateral sanitary sewer and services, storm sewer lateral and treatment Improvements, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing, sidewalk, landscaping, street lights and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Amount ~I~ Dulninck Bros Inc of Prlnsburg MN $2,088,928.99 Wm Mueller & Sons Inc of Hamburg MN $2,141,045.48 Rickert Excavating Inc of Brownton MN $2,184,334.45 Northdele Construction of Rogers MN $2,229,875.06 Quam Construction Co. Inc of Willmar MN $2,459,021..83 and whereas, it appears that Duininck Bros Inc of Prinsburg MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayorand city administrator are hereby authorized and directed to enter Into a contract with Dulninck taros Inc of Prlnsburg MN, In the amount of $2,089,928.99, in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specificatlona therefor approved by the City Council and on file In the office of the Director of Engineering. 2. The Director of Engineering Is hereby authorized and 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 ba retained until satisfactory completion of the contract. 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Yrl PiFl17 il<.^ [i1J6 1f11,i3t1 s1,s^.ir n 1 1^,1'G }A 11 4 igW>e l6.611.^ i1R,7a!!12 ~J ~~ ~~,~,a~,o • s Memorandum ~ ~f Water/Waa tcwater hepartmcnt To: Flonorable Mayer and City Council 1300 Aciamn ;itreet Snul Hu[chinson, MN 55350 CC: John RodeberB, Gary Plotz, and Pat Vanderveen NI[une: 320-23a-0233 H~ex:32U-23a-7485 From: Randy IkVries Date: 5/8/03 Re: Bid award for Stoney Point Lift station replacement and Raw Wastewater pump station electrical and control improvements. I recommend awarding the following blda: 1, $211,000 to Automatic Systems Company for building #20 Raw . Wastewater Pump Station electrical and controls. (Project No. 03-211 Letting No. 12) 2, $154,457 to Quam Construction Company Inc. for replacing Stoney Point Lift Station. (Protect No. 03-18 Letting No. 10) Both protects were budgeted for 2003, and I recommend approval. 1 ~(~~ ;nj3 Campur Url~n Nunh, Suiu r7y, Minncapollr, Mlnnnsurx yy~,t~ C~ Mny 6, 2003 Mr. Randy DeVries City of Hutchinson 111 HassLm Street SE Hutchinson, MN 55350-2522 Re' Bid Recommendation Building 20- Raw Wastewater Pump Staliun Electrical and Controls Improvements Project No. 03-21/Letting No. 12 Dear Mr. De Vries: Bids were received from two (2) bidders on April 29. 2003 a[ 2'00 p.m. for the referenced project. The apparent low bid was reccivccl from Automatic Systems Company with a lump sum bid of $211,000. The second bid wns from Electrical installation and Maintenance Company with a lump sum total of $252,A00.00_ Talap ho uc The original Ridding Documents are nn file at City Hall. We have reviewed the Bidding ~ Documents supplied by each contractor and furwanl the following findings. ~ " y y Pnceimil• Automatic Systems Company hus 36 yetus of expericnec as a systems house supplier. While they do not hove any cxpcrience working with the existing Building 20 controls, they did T ~ y. y y , _ , ti 9,~ participate in the controls for the Bin-solids Facility conveyors. Automatic Systems Company is located nbuul 70 miles coat of Hutchinson and has a 4 hour on-site response time to service calls. We found nn irregularities in the bid from Automatic Systems Company and recommend award in [he amount of 5211,D00.00. Please contact our office if we can b.: of fhrther assistance in this mutter. Very truly yours, Earth Tech, Inc. Eric Meester, PB cc: Mike Mies, City of Hutchlnson E A R T H~ T Q C H L:IWORFMu[chb2602kumadU)id Rncammandodon.doc ~~~/// A t1(QO fNIEFNATIONAL LID. COMPANY ~~~ /DJ 14:58 FAE 78]66124x9 ~ EARTH TECH ~~_ I~oU2 • 1,4fly 7, zone Mt. Randy 17eti/riea L'ity ofHutchlnxon 1 11 Hnsean Sttct:t SE llutahinson, MN 55350-2522 ~°3i Camper nrl~a Nerth, sole. t77• Mlnneapnlla Re: Bid Recommendation Stoney Point Lift Station Projcat No. 03-1 B/#,vttiit~ Na. 10 Mlnn°rn to #74+r1 1]eer Mr. 17CVr#es: Bids were received ffvgt three (3) aonpractvre va May 6, 2003 Far the referenced projoar, u listed below: Quam Construction Co., Tnc. X154,457.00 ~.C.S ('.pl7traCtm~, 5717+~()().~~ Magrtcy CaneWatlon, loo, $257,600.00 j The original Ridding boattmente are; on file al City llall. We have reviewed the TildtihLg Documents supplied by each contractor and forward the following findinQa. ' Quam Cvn9truelivn provided a list of references and subcontraatvrs. '1lteir .references indicate Quam Conahvatlon hoe adequate cepabilltiee io meet the projcat apecilicationa end time 11nea. Review of their aubcanlractora, including CZuadv fllecnic, Elecp is Pump, Quvlity Flow Systems, Rclner hTigalion, All Scaavn'a Landscaping and Hanson end Vaeck, indleete they can perform the lift station work end landscaping. Quam Constructivn'e lixt of references and auboonVaotory Is ntlaehed hereto. We found no irregttleritiea in th.e bid lkom Quant Conetructlvn and rcoemmend award ht tltc amount of 1134,457.00. Please confect our offioo #f we aen be of further aesietanve in this metier. Very duly yours, Earth Teclt, fnc. Eric NfeC9tvr, PE ca: Mike Mica, City of llutch#uson Enc.: Ae noted r1 LJ f A It T H~ r ~ o H L:\WUIUC\liutah\37717~n°rraWld Raommtgndntl°n.dna ~~~~;;// ~ Y'71Q0 dLlfaMnaNnL LIU. COMr1NY Tclcphv~~ rd3•SSr.r°~rl l'arclmfla l 7d3~i3+•~+99j 5r~ r1 u Memo 7br Mayor and Clty Council Fnwru Mlles SappeR CCU Julie Wlachnack, AICP, Director oT Planning, Zoning and Bulldlnp Datso 6/8103 Rw Request to use Gly right-0f-way Tor popcorn wagon On behalf of the Hutchinson Downtown Assvastlon (HDA), I am submittlnp ^ request to the City Council to use clly right-of-way at ttre comer of Main Street and First Avenue to operate the popcorn wagon Tram May 31 through October. Main Street Hutchinson initlalty received approval to operate the popcorn wagon art this Intersectbn In 1895. Director oT Plennlnp, Zoning end Building Julie WlschneGc, AICP, recommended that ttu HDA renew this arrangement before beginning vperatlons In 2003. The HDA has secured a vender for the popcorn wagon. It le believed that the hours of opsr~tlon will be es Tollvwa: Monday - 8:00 P.M. - 9:00 P.M. Wednesday - 3:00 P.M. - 8:00 P.M. Friday afternoons Saturday - 8:00 AM. -12:00 P.M. 'Arts & Crafts weekend and other community festlvels ae eppropdats. C~ • Paps 1 5c~~ ~ ~ ~ ~ ~ ~ ~ Memo ibr Mayor and Clly Coundl From Mlles Seppelt cc, Julie Wlschnack, AICP, Director of Planning, Zanlnp and Building Deter 5/8/03 Rer Request to use city right-0}-way far Farmers Market On behalf of fhe Hutchinson Downtown Assoclatlon, I am submlttlng a request to the City Council to • use city right-0f-way on Flrat Avenue from the Intersection oT Maln Street to Hassan Street SE to host the Farmers Martcet from May 31 through October 20. The Femiera Market will be open on Wednesdays from 3:00 P.M. to 8:00 P.M. and on 3alurdeys from 8:00 A.M. to 12:00 P.M. The Partner's Market Manager will begin setting up Tor the market one hour prior to the opening of the market on these days. The Hutchinson Downtown Aasoclation prrnldee orange canes to block off the street during setup and while the Farmers Market la open. Having the right-0T-way for this activity is vkal to the success oT the Fam~er's Market by providing a sale place Tor bath venders and customers alike. • Papa 1 ~C~) ~ Memoranclum Tor Lt. bevid Erlandson, interim Police ChioF From: Melissa Starke, Administrative Socrolary Dpt.: 5/7/2003 aa: Transient Merchant License Application and Investigation Ploasc review the enclosed transient merchant application for Crerald Johnson and roturn the original documents to me whon your investigation is complete. Tho approval for this liconse plans to be on the May 27, 2003, City Council Agonda. TY~~k you 1 ~(-~) .":~IC~"~,"~~C~l`~ T"~. f I~l'~"k;I~9~E FEES A:I~F A I°(~LIst~; ~,-~. ~I~e~t~rs, ~~ ~,~;..__m~wMw_a__.___aw_..____..____________________m _.___________________..___________________._II,~{a ~I~e~~~rs, per ~~ar----m_.~._ ______... ,.µ,,mw_.. _________ ________..,.wm ___._._______________________________~. Tr~~siex~I I~wlerch,~nts, per day_______________M „__..t___ ___,_,_,_ .___.____ .,~_______._.._____________________~~p,(~{} °Tr~rrsienl f'~^[erel~~r~~ts, per yea~°______________,.,__..__ ____________ ..__~.,..._ m_,,w____________________________t~p, P'~ea~dlers, pcrda;~„_m___®.®®~®m_p..p®~~,m ..mmwmm,"~ ",,_ ________.......___.._..,.____-___ ~~}(I.(~dI F"ecldl'ers, per ye,a~____________________ _____..__.,__ ___..__-____..... __._ww_.w_., ___________w _w______...____ __~y,~Iy.flgl 9AK.:I~.~I^~:6~ ~ A""~:"IsEI~T I~~ ~ I~I~I~~~ I~II~IIJ dI~pC7I~~7'I~T ~~, ~ ~ .~ , ~~ I'E~!~I~#I~'I~'T AI~II~I~~. _... ~mm,.'7,~~'_ T.-~~ ~_ f .M FEI~I;~.I~"I' ~"IaI`,,I'II~II~I:°_._~ ~~ ~d " ' ~~ ~. ... T~r~r~Ia~ I~(~~AL. ral~I~~:~; ~ ~~ .:~~`~ ~ ~. ~T .~,,,,,,,,____._~~, I~.111'+ ~}";.r1~Y °I~I~E~'ki~?\'r A(~ Imp a: ~~;_r..~~°r~~~ ~~c~1=ur~~~,; ~ rnn~~~~~.~ ~~T °..T-~ .: ~~~ rT~n~,..i~'~: Ia~:~~. ~~~~ °Ir~- rT E'K'E ~`~'7T.1"~:I: I~"I~I~ ~"c L:~1'~~"I'I-I ~;~' k~I~.I'T REC~~TIsT'I~I~ I.~~t"t~TIC~1««g !~F S.r~T..E:._~._„~C~"~..~.. '~..~~.:_.._...-_~m T~F~":CI~(~ ~3I~ 'CAI,,: C~ I-I '.'.'~: "Yd:~NI~ ~'i~I~+~ltif"~'°I"I"I"II Q~I* I~~' ~I~T3vIl~, 1~~I,Sk~M1~~,I'~~~, ~~I~ ~v"I.__ . ~ (°~? I."k'' I{.;ll'I~ ~,: ~1~ ~V,~i , (71 I I.~ T~.~ ~ F"I ~I1~A'N"I~~a"~ YE5 ~~.~~ ~.~..~__...._ IE ~'`~'~, 'I'AA"Ia'C~~"~.J!~E, ~I~^ ~llw~`I~IJAI P~ itil~.,~ r~~'N"~" ~I~ I'E~d~I,~`I"'Y AS~~'a~I~,I) "'I""IiI~.:EIw"~~I*: ,SC,I~II~E'.A"I'."LIRE I:~E',II~J"~"I"I~I ;~ I~EIE I I'Ia'~'} ~p'F'pI~I I ., .....~,,._..~_,..~____~: ~. ~f W' /"'~~ °T ~y~, ~'A". A mf.~ ~"` ~ '"~, ~" s Mw.....Y....Y~~°'~~.A~ ..m.~,r' ,C nCc ~~ ..,,,. ..,.r ~' ~~ ~ ~ ~`- ~~u DESCRIBE METHOD OF DELIVERY: r~ .. PROVIDE 2 PROPERTX OWNERS (PREFERABLY MCLEOD COiJN'fY) FOR CHARACTER FERENCES: NAME & ADDRESS: Jr~` NAME & ADDRESS: J i"c~ I PIIONE NUMBER: ~%~'` ~O T --,~LL~pHONE NCJM9ER: /` ~~ ~ ~"~~ ~ ~~' ~ j 51'ATE LAST CITY YOU CARRIED ON SAME ACTIVITY: . CTT]'/STATE NAME: 'Y C.n ~ ~ -~ `~" ~~.~ DATE OF ACTIVITY: FROM: ~- ~ t/ ~~ TO:-,- G -- ~ -CT i hereby certify I bavc completely filed out the entire above application and that the application is true, correct end accurate. i fully understand that any pexenn who violates any provision of the Peddlers, Solicitare, end Transient Merchant Ordinance Na. 673 is guilty of a misdemeanor and upon catviction thereof shall be punished by a fine not excaedina $ 1000 ox by irrrprieumneut far a period not exceeding 90 days ox bot}i. pine, in either case, the coats of prosecution. ,~~~~- SiQnaturc of Applic Date No application will be forwarded to the City Cuuncil unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE: POLICE CHIEP RECOMMENDATION: ~c~~ DESCRIBE SOl1RCE OF SUPPLY -NAME & ADDRESS OF SUPPLIRR: RESOLUTION NO. 12171 RESDLUTION ADOPTING A88ES&MENT ASSESSMENT ROLL NO. 5082 LETTING N0.3 PROJECT NOti. 03.06/03-08/03-07103-08!03.09103-11103-22 WHEREAS, pursuant to reaolutlon and notice of hearing the Councll has met end reviewed the proposed assessment for Improvement of: Project No. D3-05: Delaware St NW in Ito entlrety by conatructlon oT bltuminous surfacing Appurtenances Protect No. 03-08: Arch 3t SE from 2nd Ave SE to Luce Llne Troll by conatructlon of storm sewer, bttuminoua eurfecing and appurtenances, Protect No. 03-07: Ludtke Ln NW In its entlrety by conatructlon of blluminous surfacing and Appurtenances, Protect No. 03-08: Flarlde St NW In Its entlrety by conatructlon of bttuminous surfecing and Appurtenances, Protect No. 03-09: Illlnols St NW In It a entlrety by construction of grading, gravel base, 6ltuminoue eurtacing and appurtenances, Protect No. 03-11: Ranch Ave 3E from 5th Ave SE to Rellroed Tracks by conatructlon of hydrants, bltuminoue surfacing and appurfenances, Protect No. 03-22: Sidewalk Improvements an School Rd NW at CalHornls St by conatructlon of concrete sidewalk and appurtenance®. NOW, THEREFORE, l3E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such propcaed eaeeeement, a copy of which la attached hereto and made a part . hereof, Is hereby accepted, and shall constitute the special assessment agalnatthe lends named theroln, and each Vact of land therein Included Is hereby found to be benefited by the proposed Improvement In the amount of the assessment levied against tt. 2. Such assessment shell be payable In equal annual Installments extending over a period of ten (10) years, the first of the Inetallmente to be payable an ar before the That Monday In Jenuery, 2004, and shell bear Interest at the rate of percent per annum ae set down by the adoption of thle eeeeasment rasolutlon. To the Tlret Installment shall be added Interest on the entire assessment from November 1, 2003 until the 31 st day of December, 2004. To each subsequent Installment when due, shell be added Interest Tor one year on all unpaid Installments. 3. The owner of any property so eaeeased may, at any time prior to cerflflcatlon of the assessment to the County Auditor, pay the whole of the easeaament on such property, with Interest accrued to the data of payment, to the ClryTraasurer, except that no Interest shall 6e charged IT the entlra assessment le pall by the 14th day of November, 2003; end he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remalning unpaid, with Interest accrued to the 31 at day of December, of the year In which such payment le made. Such payment must ba made before November 15, or Interest will be charged through December 31, oT the next eucceeding year. 4. The Adminlatrator shall forthwith tranamlt a cerfiged duplicate of this assessment to the County Auditor to be extended on the property tax Ilsts of the County, and such asaesament shall be collected end paid over In the same manner ae other munlclpal taxes. Adopted by the Councll this 13th day of May, 2003. LJ Mayor City Adminlstrator c~~n) C~ RESOLUTION NO. 12172 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING N0.3 PROJECT NOS. D3-05103-00!03-07/03-08!03-00103-11103-22 Whereas, pursuant to en edvertlsamant for tilde for the fumiahing of ell labor and materiel for the Improvement of: Protect No. 03-06: Delaware St NW In Its entlrety by construction of bltuminoue aurfecing Appurtenances Protect No. 03-08: Arch 3t 3E from 2nd Ave SE to Luce Llne Troll by construction of storm sewer, bltuminoue surfacing and appurtenances, Protect No. 03-07: Ludtke Ln NW In Ito entlrety by construction of bltuminoue surfacing end Appurtenances, Protect No. 03-08: Florida St NW In I[a entlrety by construction of bltuminoue aurfecing end Appurtenances, Project No. 03-09: Illlnola St NW In It s entlrety by conetructlon of grading, gravel base, bltuminoue surfacing and appurtenances, Protect No. D3-11: Ranch Ave SE from Bth Ave SE to Railroad Tracks by conetructlon of hydrants, bltuminoue surfacing and appurtenances, Protect No. 03-22: 9ldewelk Improvements on School Rd NW at Callfamla St by construction of concrete sidewalk and appurtenances. and bids were received, opened end tabulated according to law, and the following tilde were received complying with the adverflsamant: Bidder Amount Bld Dulnlnck Bros Inc of Prlneburg MN 5132,6BD.98 Wm Mueller & Sons Inc of Hamburg MN 5138,538.25 and whereas, It appears that Dulnlnck Bras Inc of Prlneburg MN Is the lowest reeponelble Bldder. NOW THEREFORE, 8E IT RESOLVED BYTHE CITY COUNCIL OF THE GITYOF HUTCHINSON, MINNESOTA: 1. The mayor and city edminlatrator are hereby authorized and directed to enter Into a contract with Dulnlnck Broa Inc of Prlneburg MN, In the amount of $t 32,60D.96, In the name of the Clty of Hutchinson, for the Improvement contained herein, according to the plans and apeclTlcetbns therefore approved by the Clty Council and on The In the afFlce of the Director of Englneering. 2. The Director of Englneering la hereby authorized and directed to return forthwith to ell bidders the deposits made with their bids, except that the deposits of the aucceeeTul bidder and the next lowest bidder shell be retained until a contract has been signed, and the depcalt of the successful Bldder shall be retained until satlafactory completion of the contract. Adopted by the Hutchlnaon CIty Council this 13th day of May, 2003. Mayor City Adminlatrator c~ (~~ SSE33A1Erf~ ROLL t+1O.60fi2 F 11,123.51 sTre:ET cosTA~Fa'r e ~ID er: P vAe~t vE£w 31PROJECT HO.03-Oi LETTNG N0 50.00 . sr: s Ropt» 03-05 - DFIAWARE ST t+IW PROJECT NO 15T HEARING: 03!1]12003 . C4ECr® Bv: P vA~ vEEN l31' COH$TRUCTIOH OF 6rRAr~i0U5 5URFAC1filG 2IiD AF!RING: Q5f13l2M3 Mr11~oF y~,5; ~ RATE: i APPr]fiTE)YYICES ADOPTEIT: 1151I3R0i3 CIT7 PD W0. lihlE L ADDRESS LEGAL pES'CRFTI~i Sl'REEZ tta COlJHT1' PD H0. OF PROP92T7 OlMBt ADDITION OR SI~fHlSldt 11iT8 STREET ae~cce~s w7 DEFErailrD ASSESS ~ CTTY SI'IrY•!E TOTAL ACTNE ASSFSa FEI7T 1 02-11E-36-01-0010 S KaStreen Hemmah Address: 1310 6elarrare S1 NIN 1310 Delaware 5t NW Lot 1 23.330.0030 Hutchirrsarl MN 55350 Riverside Addtlion 1.60 ;72351 10.0 41,723.51 2 02-1136-01-0026 Leann K ~ a Ofson P Address: 1312 Detarrere St HW 1312 Delaware SY NW Lot 2 23.330,6040 Hutchlnson FAN 55350 Riverside Addttiort 1.00 11 72351 10.00 ; 723.51 ~ n~_1tft~1lLrI71][L'i0 1_Iovd ~ K~f1leen Hemmah Property Address: 1314 Delaware St N41I a,n nd~...~.e a gnu I riI a ~ <)EFERRED UNTIL -EVELOPFAFNf OCCUR 23.33D.0050 Hutchinson MN 55350 Riversde Addltlon 1.00 10.00 11,72351 X7.00 4 62-118-3G-01-0040 Lance 5 lrAk#reile Brandt P Address: 1318 Delaware Sl HW 131fi Delaware St NW La 4 23.330.0080 Plyrrl0uttl AfN 55448 Riverside Addition 1.00 11,72351 10.OD 11 T23.51 5 62-118-30-02-0020 is H ~ Addn3ss: 1318 Delaware St HW 1318 ^~;.+~ St NW Ld 5 23,330.0076 Hutchinson T,W 55350 Riverside Addition 1.00 51,723.51 50.D0 11723.51 B 62-118-'JO-02-0011 Gina Ai Smith Address: 1330 Delaware 511~1W 1336 Delaware St NW 2.1 AC of NE 1!4 N o1 Crprr i7rver FJC F_578' 23.0620150 HutdVrLSOn AtN 55350 Sedlon 02-116-30 210 Aces 0.50 186L7b 5CI.00 58bL7b TOTAi PROJECT NO. D3-Db 530 51755.80 7?3S1 57 755.80 LETff1G N0.34AGE 1 OF 7 , Co~tmeY: PYAfOERYEE2,1 co~urEO sr: ! RaoESela a7: P YA1~ER YEHi MIABER OF YFJFR:.: 4C !il'EREST RATE: ASSt.SSMIJiT [LOLL Ff0.5062 L.ETTNIG N0.3 PROJECT NO. 03-08: ARCH ST SE FRO}d IHO AVE SE TO LUCE LICE TRAlL BY COT65TRUCT10Ai OF ~ STOR51 SEWER BTfUTAl~IOtJS Sl1RFAgNO 8 APPIAZ'TEI1Ad1CF5 52,501,54 srF$rcoslurT 50.00 IST ITI~.ARING: 93~lllz[F03 2IZD AY.ARTHG: OS!]31tl83 ADOPTED: 05!13!2003 AGDOIIflT CITY PD NO. HO. COIAlTY PD HO. WAME i ALOfi56 OF PROPERTY OwNHt LEGAL Aa0'r10N OR 5U~f1RSgH STREET Ulf T8 S11~T ASSESBiIBfr DET1~ID ASSESS NCL CTr1' aFiARE TOTAL ACTIVE RS5135M9rf 7 08-71&29-Oi-0U10 Kenneth J Jones Address: 43 Ards St SE 43 Arch St SE Lot 1, Block 1 23.659.0010 Hutdiinson AfN 55350 South Half 1.00 .54 30-00 52,501.54 S 08-1 ifi-29--01-0920 Haiow & WIYna P Address: 75 Arch St SE 208 5th Ave 5 Ld 2 EX N10', Block 1 23.050.0020 Brvwr~ton MN 55312 South Half 1.D0 1.54 30.06 >:2,5o1.5a 9 0~77fr29-0ifi039 Harbw A Wirna Address: 77 Arch St SE 208 5th Ave S PaR of L.ot 3, l#ock 1, 23.050.0930 BrowTRon fi~E 55372 South Half C 0.50 31 .77 7A.D6 ii TI 10 061ie-29-97-9040 Ga T 5 Argala K Fortier Address: 175 Arch St SE 175 Ards St SE Part of Lots 3 ~ d, Black 1 23.050.9040 Hutchinson AfN 55350 SDUIh Hatt C 7.50 33,75231 X7.00 >ti3,757 31 11 0&1129-01-0050 John D}etei P Address: 185 Areh St SE 1 BS Arch St SE Lot 5 EX 5 .14 AC, Bock 1 23.050.0050 Hvtchir~son MN 5535D South Half 125 125.93 3}.06 ; 12G93 12 0118-29-01-0451 Cuana M Haeft~er P Address 150 FA Si SE 759 lNkh St SE S' .14 AC of tAi 5, Blocs 1 23.950.0955 Hutchinson FAN 55350 So+Ah Half C - F6.00 30.60 A7.Oo i3 Ofr11fr29-01-0080 l]eane E Dietel Address 8452nd Ave SE 845 2nd Ave SE Ld 5, Block 2 23.050.9080 Hutchinson I~fJ 55350 South Hatt 1.25 25.93 y].00 13,12693 LETTING M0.3PAGE 2 OF 7 ~~ u ® B1': P YAMIER VE@I COhpl ASSESS1dENT ROLL NO. 5062 i2,50i.54 STREET COSTNNT . ate: J R0~2ii LETTING HO.3 5x.00 cr~c,¢0 aY: P veroet YEEN PROJECT N0. 03-06: ARpi ST SE 1ST HEARING: 03J11I20[i3 NyYBEROFYEAR:a: 40 FROM 2Nfl AVE SE TO LUCE LJNE TRAJL BY COttSTRiICTION OF 2ND FfE:AAiNG: (15~13lL0~3 NTHiF3T R.lITE 5TOR1A SEWER BITUNINOVS S1IRFAClt10 is APPt1RTFJiIANCES ADOM`ED: ti'5r1312003 Dt3~RID accat~tr wo. crrr Pfl No. cot6rrr Po ra. IWiE a aoo~sss of PRAP9iTY wY11et LEasL OESCRrr~+ AODITIOp oe a1801VQf1oM STR~r aria srR~T AssESS hEHr ASSESS 6+rx CSTY s-uiRE TOTAL ACTME ISBESSa~T1T 14 OB-116-29-01-0OSd & Lavorrte Lee Address: 72 Arch Sl SE 72 Arch St Se Lat 2 DC N 100' Of E80 ~ Lo15 3 8 4, Birk 2 23.050.0070 Hutdvtisori MN 55350 Sovth Half C 230 75351 50AO 55,7535a 15 DB_118-29-01-OQ90 C,eorQe 8 Lavonne Lee Pivperty Paddres~: 72 And' ~t SE T2 Aid's St Se N700' of E80' of Lot 2, Black 2 Z3.050.00t30 Hutchinson AiN 55350 So+Ah Hal 0.70 ~1,751.U8 ~.oo X1,751.08 TOTAL PROJECT NO. 03-06 9S0 17 SU90 52.3 G4.f3 Cif LETTNG N0.3PAGE 3 OF 7 ~ . er: P va~aa vr~ aoa~uTED ar: y stoor~eo er: aveaoetvEa rue~rtoFYE+~a: to Nr~ST RAFE: ASSESSlIIE14T ROLL N0.5062 LF[TNG N0.3 PROJECT KD. D3-07: LlFDT1SE LH NW BY CONSTRUCT}ON DF BITUMINOUS 31JRFACi}rG 5 lIPPtJR1'EWANCa4E3 ~J20.i4 iO.oa LSTNFAYir~rG: 73tB NR.nRnaG: ADOPTED: OdJ1 casT,vF l3d17rb103 05J13f20i3 3f2003 rr ~ccautr crrr Po wo. IiR COIIiTY PD N0. wuE a ~aor+~ss Of PROPHtTY OIhR~R Leon orscrawrroa A~TIoM OR &~fYrS10N sTI~T 11iTe sTl~r eeencm1~(r 4 -~ssfss ~ CITY SFrIJ7E Torti hcl'IVE ~~tl!ra+T 16 3fri17-30-67-0030 J G Debon3h Bor4csnh a Address: 920 Golf Course Rd NW 920 Golf Course Rd N1N Lots 1, 2,3 ~ 4 EX SS 23.322,0010 Hutchinson ARJ 55350 Johrlsan's Carat 1.50 ti iA4 go.0o ~1r381.04 17 3Fr117'~07-4040 Le 8 Janice Hlavka Pro Address: 925 Ludtke Ln NW 325 Ludtke Ln Hw 550# Lot 4 8 E54' of Lot 5 23.322.0020 Hutchir-son FAN 55350 Johnson's Court 1.50 i 104 $oA0 $'1,381.04 18 36-117-30-07-0050 Richard 8 P P 835 Ludllce to NW 935 L~dlke Lne NW Lai 6 & W25' of Lot 5 t: Part of Lot 7 23,3220034 Hutchhtson FAN 55350 Johnson's Cau't 7.50 F1,381.D4 ;rJ D0 Ft 81.04 19 3&717-30-07-4080 Robert 3 J YWWams Address: 945 Ludtlce Ln NW 345 Lrfdtire Ln NW Lot 8 8 Part of Lot 7 23.322.4040 Hutchir~wn FAN 55350 Johnssan's Court 1.75 F1,hiL2i jU.00 Fi,61121 20 38-177-30-07-0070 3 N GewerCv Pro Addn~s: 955 Lr~dtlce Ln NW 955 Ludike Ln NW Lots 9 814 23.322.0450 Hut#rnsnn FAN 55350 Johnson's CouR 2.00 >~i,a4i.sa fa.DO F1,84138 21 3B•117-30-07-0080 Donald D 3 S Gibertson Address: 950 Ludkke Ln NW 950 Llidlke tlr NW 1-ots t1 6 12 23.322.0060 Hutchlrtsorr 64N 55350 ohrtsnrr's Court 1.00 }20.69 10.00 F92L1.54 22 3B-177-30-07-4110 t`ichael D 3 AI C Var-ort Addn3ss: 930 Ludtlca lr NW 930 I l l'}rkp Is NW tots i 8 2 23.323.0010 Hutchlrrsan iNN 55350 Flrsi PaddirEinn to Jahtlsan's Cava 2,04 ; 84138 i0.a0 ;1,84138 TDTAL PROJECT FtD. 43-17 _ li2s S10,f'57.76 fl}.00 $1U,357.76 v GOIAPlm 6Y: a vAN~ER VEBi ~.: ~ ~pp~ C4CC!® 8Y: P vA1LEltv~1 Mr1A6E1ioF YFl~: t6 ~rTEREBT iiATE: ASSE551ikENT Rt)i.L NO.6D62 LETTING NO. 3 PRB.lECT NO. 03-06: FLORIDA 5T NYP BY CONSTRUCTION OF Bfl'UAITNOUS SURFACHG 3APPURI'ENAHCES 68!'113 ST SO.00 1ST 1TR ~unvG: 2ND HgARING: ADO!'fED: i3ri i'/J~r COST7V 03i11f2003 OSr13f1003 3R003 ~r ACCd1lfr CITY PO HO. ND. COl1i'TY PD N0. NAiFE s in~a~c OF PROPSiI'Y O-4lBt ~ LEOAL DESt~Pr10M AD~ITIOIi OR SLAM SSI~Fi STREFF flits ASarr7' 1> I156E55 lrCL C1TY'~F1ARE TOTAL ACTIVE -irBiT 23 35-ii7-3a-18-0204 3 Sandra Aiuuell P Address: 1385 TH 7 West fi6753 iSOih Sl 511.36' x 150' of Ld 4, ~ 035 0800 paw AIN 55324 Sedjpn 35-1i7~ 3.50 41931 N.00 41931 24 35.117-'JC`1B-Q210 Fbcherd 5 P Daniefsan Pro Address: 1~i Fbrida St H1N 145 Florida St NIN 1 iff x i3ff of Lot 4 23.435.09D0 Hutc~linson MN 55350 Section 35-1179 1.04 869123 ~.D] t59t.23 25 35-11748-Op20 Brian & Aichael Olson Address: 148 FiorYda St NW 955 Jefferson St SE 175' x 130' of Lot 4 nc ..~ nn ~ Gn n rru Qc V1 m t1 (Y2~4 RS W.V.]J.Urw I~ iuun~w rani ~~i .iwv.. ~............~ .... .. 28 35-117-30-1fi-D230 Tim ~ Patride Pulb'abek Rddress: 1B8 Florida St NW 188 Florida SY NW N22245' of 5820' 01 Wi SQ' of E95ff of Lot 4 23.035.0300 Hutchnsan AIN 55350 IX S397.55' 01 W2ff of E820', Sact}an 35-11 1.00 ;691.23 j~l.Up y59123 TOTAL PRQIEC'T HO. 03-08 } { 7.00 ~ S4,~a-6i 1 SOHO ~ s4,a38b1 SA=~3 LETTING ND. 3RAOE 5 OF 7 i vJ 1 v COMPI» 67: PYAl~EA V®1 corwtEa er: ~ ao6~ 6Y: P vxx~exsrfa+ ~yBER pF ~q(n; ~p qp~; A5SESSIMEHT ROLL NO. 5062 LETTING NO. 3 PROJECT NO. 63-01: ILLINOIS ST NW BY COHSTRIiCTFOH OF GRADING, GRAVEL SASE, L3ffU WHOUS SIJRFAdNG i APPIJRTEIdAHl.ES S1,a56-63 C09SM~T St1.60 LST xStAASxG: 03111/1003 ZND 1SR..~BrvG: 65+1311003 ADOPTED: 05!1311003 >>,ccourr urr Po Ho. l10. CbIM'TY PD NO. I ~ a ,wo~ss Lec~ ~scra~to~L I OF PROPHtTY CYfHBt /a0fT1~M CR 8UBL11V161o11 srrt~r llfTa sTagT A,58ES~SI~TT !]~ ,was ~ CfTY Sli4f~ ro~rki ecs~v~ 1T 27 35117-30-18-0240 3 iGnr4e Arndt Pm Address: 130 Alrrois Sl I11N 155 Ilinois St NW Part of Lai 4 23.033.0500 Hutchinson AW 55358 Sectlan 35117-30 1.50 (2,787.95 10.00 12,787.95 28 35117-30-15-0250 & 16rnbe Amdt Address: 155 1llirois St Nw 155 IWrrois & NW 130' x 186.52 of Lot 4 23.035.0558 Hutchinson MN 55350 Section 35117-30 1.50 78"7.95 10.00 X2,787.95 29 35117-30-18-0260 Elaine 8 Emil Sctrermann P Address 1485 TN 7 West 1485 TH 7 VNesl Lot 1 23.328.0010 Hutchhtsort A1N 55350 Jacobsorr's Lakeview Subd. 1.00 11 63 ;0.00 11,858.63 3fl 35117-30-18-0270 John H &,]eanne A R Address: 140 Illinots St NW 140 Illnois St NW L.ot 2 d 5 23.328.0020 H~chirtsan MN 55350 JacoGson's Lakeview Subd. 1.00 ;1 3 18.110 11 63 31 35117-30-18-02'80 T' 3 L}tar-e Madden A'ddr'ess: 160 Illrrds St NW 1878 Gluek Lane Lots 3 3 4 23.328.0030 Rosevllie MN 55113 's Lakeview Sid 1.00 10.00 f~ TOTAL PROJECT MO.03-09 6A0 1.78 50.00 1.78 LEITNG N0.3PIkGE 8 OF 7 . • COaR1L~ BY: P VANOER YE@i ASSESSMENT ROLL NO. 5062 xl,aD3.6s S1771~T a HYORAIfT cosrA~rr er: J rtooEeE~o LETTttJG NO.3 50.00 C}ECl® er: P rAIOBt VEER PROJ. NO. 63-11: RANCH AVE SE - STH AVE SE TO RAlLROAO TRACKS L5T HEARING: ~3,+11rLB43 wrl~OFrEA[rs: x BY CONSTRiYCT}ON OF HYDRANTS, BITIiMINOtlS SURFACING 2ND ITRA~ING: iS113lti»3 arr~EST PATE; i APPIRtTENANCE5 : 05J13Ib13 AGCOUfr rto. CFSY POl10. W4lAE a AD6ESS C617AfTy PD rrc. of Pt~PEtZTY o-~ LEGAL DESCRFTIOW AmITIQt ORSI7BOIVSIOp SHEET laiTS STi[!} C ASSES5alENT oEFe~ ASSESS !NY CITf 81iutE TOTAL ACTIVE A.55ESSi@~fT 32 05-118-29-05-012D 1! 3 Dd~es C~,oebel Address: 890 Sih Ave 5£ 890 5th Ave SE Lol 1, Block 1 23,261.0010 Hutc#rinsort AfN 55350 Goobers A.ddibon 0.50 fd$01.54 iaOQ i+ 5a 33 451129-OS0138 Rivard J Goebel ,4ddr2ss: 890 5th Ave SE 990 5th Are SE Lot 1, 91ock 2 23.67.0020 Hvtchlrrsan Mk 55350 GaettePs Addfian 0.50 y4,5a154 SO.flO 34 ` iS4 TOTAL PROJECT [i0. 63-11 L00 S9 98 50.00 S9 .OS TOTAL-ASSESSMENT ROIL N0.5062 Sb9~7320 (1,77351 566,871~G v 5,4503 LE"ffllJG N0.3~AGE 7 OF 7 . , Pro'ect Sco e Construct bituminous surface on existing gravel base. No widening/minimum restoration. Pro rnct Actual Construction Cost $ 9,622.55 Fvr,Pncac $ 2,309.41 Total Pro f ect Cost $11,931.96 Ci Pa s For ^ 3S% of total cost or $4,176.19 (est. $5,200) Estimate $ r a, aoo ~, 9aa $X4,900 Assessments • Costs assessed on a per unit basis • Actual assessment based on bids received • Typical Assessment: $1,723.51 per unit (,$1,95o estimate) `J p:Vmprowmcn[ PmJead12003V3 1003 PwInaSldow.OdAH 03-0S.dce (o (~~ May ~a, 2003 ~ 6:0o P.ro. Pro ect Sco e Construct bituminous surface on existing gravel base. No widening/minimum restoration. Small parking arealturn-around just north of trail crossing. Protect Cost Actual Estimated Construction Cost $ 45,261.71 $ 40, DDO Ex enses 10 $62.$1 9 600 Total Project Cost $ 56,124.52 $ 49,600 ~Ci Pa s For ^ 35% of total cost + parking area = $32,359.88 (est. $29,000) Assessments • Casts assessed on a per unit basis • Actual assessment based on bids received • Typical Assessment: $2,501.54 per unit (est. $2,200) 1 unit parcel ($2,501.54) Jones 1.25 unit parcels ($3,126.93) J. Dietel, D. Dietel 1.5 unit parcels ($3,752.31) Karg, Forcier 3.0 unit parcel ($7,504.62) Lee • a:Wnprowmrnt Prvjeca\2003~L3 2003 P.vin`-9idewalkUH 03-06.dce W ~4~ May 13, 2003 • 6:00 p.m. Project Sco e Construct bituminous surface on existing gravel base. No widening/minimum restoration. Project Cost Actual Estl'mated Construction- Cost $ 12,850..77 $13, 300 Ex enses 3 084.18 3 200 Total Project Cost ~Ci Pa s For $ 15,934.95 $16,500 ^ 35% of total cost - $5,577.23 (est. $5,800) Assessments • Casts assessed on a per unit basis • Actual assessment based on bids received • Typical Assessment: $920.49/unit (est. $950) 1 unit parcel ($920.69) 1.5 unit parcels ($1,381.04) 1.75 unit parcels ($1,611.21) Gilbertson* Borkenhagen*, Hlavka, Kruger Williams 2.0 unit parcel ($1,841.38) Gewerth, Vanort* + Pofentfal future assusmer+b jot Go{f Caurse Road O:1lmprovmnmt ProJ.cu\2003\L7 2003 Pev(np-SidewalkUH 03-07.doc ~ ~~~ May 13, 2003 ~ 6:00 p.m. Pro ect Sco e Construct bituminous surface on existing gravel base. No widening/minimum restoration. Project Cost _ Actual Estimated Construction Cast - - $ 6,003.20 $ 7, 000 Expenses $ 1,440.77 $1.700 Total Project Cost $7,443.97 $ 8,700 City Pays For ^ 35% of total cost = $2,605.39 (est. $3,000) Assessments • Costs assessed on a per unit basis • Actual assessment based on bids received • Typical Assessment: $ 691.23/unit (est. $820) 1 unit parcel ($691.23) Danielson, Pulkrabek 1.5 unit parcel ($1,036.85) Olson 3.5 unit parcel ($2,419.31) Munsell . O:Umprvvoment ProJecu~2003~L3 2003 Peving-SidewalkUH 03A8-doc c~c~~ May 13, 2003 • 6:00 p.m. Project Sco e Construct bituminous surface. Grading work required. Minimum restoration. Project Cost Actual ~~snmate Construction Cost $13,835.99 $13, 000 Ex ens s 3 320.64 3 100 Total Project Cost $17,156.63 ~ 16,144 ~.. Ci Pays For ^ 35% of total cost = $6,004.82 (est. $5,600) Assessments • Costs assessed on a per unit basis • Actual assessment based on bids received • Typical Assessment: 1,858.63/unit (est. $1,750) 1 unit parcel ($1,858.63) 1.5 unit parcel ($2,787.95) Schermann, Norton/Sneesby, Reynolds Arndt, Barnes (7:Umprovemenl ProJccte~2003V3 2003 Pnving-9idew.Ik~AH 03A9-dac ~(~~ May 13, 200316:00 p.m. Project Sco e Construct bituminous surface on existing gravel base. Add hydrants. i ect C Construction Cast `ual Estima~ $ 14,521.09 ~ 3.485.07 $12,100 ~'I'otal Project Cost $ 18,D06.15 $1 S, 000 City Pays For ^ 50% of total cost = $ 9,003.08 (est. $7,500) Assessments • Actual assessment based on bids received • Typical Estimated Assessment (Goebels): $ 9,003.08 . O:Wnprovement ProJwv~200311.3 2003 Puving-9idnw.tlc~!.H 03-1l.doa ~~J May 13, 2003 ~ 6:00 p.nn~. Project Scope Construct new sidewalk on School Road NW. . New sidewalk proposed due to traffic, loss of parking . No cost to residents, however, extra easement is needed . Proposed from Arizona Street to Golf Course Road. Can be reduced in scope. iect Co Actual Estimated Construction Cost $30,485.65 16.56 7.200 Total Project Cost $37,802.21. $37,200 Municipal State Aid funding may he used for School Road NW sidewalk ():Vmprovemmc Pmjceu\2003\1,3 2003 P.vInySldcxnikWH 03.22-duv • X30,000 c~C~) May 13, 2003 • 6:00 p.m. ~ Memorandum TO: Mayor and City Council FROM: Sronda K. Ewinixtor of Human Resources ]tE: SeasonalCTemporary Employment Policy DATE: May 9, 2003 Attached ie the draft Policy No. 3.30 proposed to address nepotism issues for seasonal and temporary employment. The consideration of this policy was deferred at the Aptil 22 Counci] meeting for further examination, The language pmpoeed in the policy status that immediate relatives of City employees may bo employed in seasonal and temporary positions as long as the following criteria are mot: 1. It is the City's policy that immediate relatives will not be employed in seasonal and/or . temporary positions where: a. One relative would have the authority to immediately supervise the performance of the other. b. pne relative would be responsible for auditing the work of the other. c. Other cixcurnstancea exist which would place the relatives in a situation of actual or reasonably Foreseeable conflict between the City's interest and their own. 2. immediate relatives includes spouse, child, parent, brother, sister, grandparents, parent- in-law, daughter-in-law, eon-in-law, or grandchildren. This policy also shall apply to persons related by blood or marriage residing in an employee's home. Based on the discussion at the previous Council meeting and further examination, it ie proposed that the policy bo adopted with the following interpretation for administration of the policy: 1. immediate relatives of a department director maybe employed in a seasonalltemporary position in the same departrnont if the above criteria are met and it is verified that the director will not immediately supervise the relative, 2. Immediate relatives of other, non-director employees may be employed in seasonal/temporarypesitions within any department of the city provided the above criteria am met. Research of existing case law on the subject of ncpotiem/anfi-nepotism generally addressee discriminatory claims or issues regarding the employment relationships botwoou married • ~(~~) persons. The Minnesota Human Rights statues also specifically state that discrimination on the basis of marital statue is prohibited. Examples of other relational issues are limited. It is the desire of staff tv avoid the appearance or reality of favoritism, conflict or conflict of interest in regards to seasonaUtemporary employment and why Policy 3.30 is being proposed. A too restrictive or too narrow "anti-nepotism" policy that prohibits the employment of any immediate relatives within a department can peso real problems for the City. Too broad an exclusion that rules out the consideration of many individuals who might otherwise be qualified and desirable employees solely because they arc related to a City employee, may lead to claims of illegal discrimination. Additionally, the applicant pool for seasonal/temporary positions within the Hutchinson area is not unlimited. The interpretation of the policy criteria proposed by staff maybe considered legally justified because it is based on a "bona fide occupational qualification". Basically, one relative may not supervise another immediate relative because it may have detrimental effects on the workplace if one relative is making decisions which directly affect the working situation of another relafivo. I hope i have adequately addressed the issues raised by the Council at the last meeting, If you have any Iltrthor questions, please contact me at City Center. Encl. n LJ ~ ~~~~ ~ Memorandum TO: Mayor and City Council FROM: Brenda K. Ewin n r etor of Human Rosourcea RE: 5oasonal/Temporary Employment Policy DATE: April 18, 2003 Attached is the draft Policy No. 3.3D proposed to address nepotism issues for seasonal end temporary employment. The policy, if adopted will be incorporated into the City of Hutchinson Handbook for Policies, Procedures, Practices and Administrative Orders. The City of Hutchinson Personnel Policy/Bmployee Handbook addresses employment issues for regular Hill time and parl time employees, however it does not apply to other employees not employed in permanent positions, including seasonal and temporary employees, The language proposed in the policy before the Council for consideration states that immediate relatives of City employees maybe amploycd in seasonal and temporary position as long as the specific criteria included arc met..4s with all City employment decisions, this pvlioy supports our commitment to the reality and appearance of fairness in the best interest of the City. If you have any questions, please contact me at City Cantor. Encl. C~ 9 ~~~ • ~~ Policy No,~.3D..- CITY OF HUTCHIN50N POLICY -PERSONNEL- SEASONAL/TEMPORARY EMPLOYMENT No. ~_ PATE ApI112e1]~ SOURCE ArlminiRtratlon ~Pag6B The City of Hutchinson, personnel Policy /Employee Handbook, addresses the employment of Immediate family members in regular part time and regular full time poattions. This policy Is established tv address the seasonal and/or temporary employment of Immediate relatlves In order to assure the reality and appearance of fairness In the best interest of the City of Hutchinson. 1. It Is the City's policy that Immediate relatlves will not be employed In seasonal and/or temporary positions where; a. One relative would have the authority to Immediately supervise the performance of the other. b. One relative would be responsible for auditing the work of the other. c. Other circumstances exist which would place the relatives In a situation of actual or reasonably foreseeable conflict between the City's Interest and their own. 2. Immediate relatlves Includes spouse, child, parent, brother, slater, grandparents, parent-In-law, daughter-In-law, son-In-law, or grandchildren. This policy also shall apply to persona related by blood or marriage residing In an employee's home. ®~4J RESOLUTION NO. 121162 RESOLUTION GRANTING APPROVAL OF ORDERLX ANNEXATION TO THE CITY OF i-IUTCFIINSON OF 78.80 ACRES LOCATF,D 1N LYNN TOWNSHIP OWNERS FREDERICK PLATH AND WELS FOUNDATION INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCIIINSON, MN: WHEREAS, curtain territory described below has been designated far orderly annexation to the City of C, I Hutchinson is urban in character, or about to become so; and WHEREAS, the following described property ie totally within the Orderly Annexation Agreement and abuts property within the City of Hutchinson ; Legal Description: The West Half of the Southwest Quarter of Section Twelve (12) in Township One Hundred Sixteen (116) North vfRangc Thirty (30) Wcet excepting therefrom the two (2) following described tracts, to-wit: (1) $oginning at the Northwest Corner of said Southwest Quarter, thence East, along the North line of said Southwest Quarter, to the canter of the public highway; thence South 1 rod; thence West, parallel with the North line of said Southwest Qttarter, to the West line of said Southwest Quarter; thence North, along said West line, 1 rod, to the place of beginning. (2) That part of the Northwest Quarter of the Southwest Quarter lying Northwesterly of the centerline of County Road No. 7, and lying Southerly of a line described as beginning at a point on the West line of the Northwest quarter of the Southwest Quarter, 370.] feet North, as measured along said West line, from the Southwest comer of said Northwest Quarter of the Southwest Quarter; thence Easterly, parallel with the South lino of the Northeast Qunrtcr of the Southeast Quarter of Section 11, Township 116, Range 30, 201.38 feet, said line there tertninatirag. WHEREAS, the property is agricultural and shall receive a "tax break" consisting of a staged, graduated increase in mill rates from the township rate to the city rate over a five (5) year period. AND, WHEREAS, The orderly annexation agreement between the Township of Lynn and the Ciry of Hutchinson status no consideration by the Minnesota Municipal Board is necessary, the board may review and comment, but shall, within 30 days, order the annexation in accordance with the terms of this joint resolution. NOW, THEREFORE BE fT RESOLVED, that the City vfHutchinson requests the property described be annexed by order of the Minnesota Municipal Board within 30 days. Adopted by the City Council for the City of Hutchinson this 22rd day of April, 2003. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgersan Mayor ~cb~ CITY OF HUTCHINSON PLANNLNG STAFF REPORT To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dolf Moou, Aon Nelson, Mlles Sepptlt, Amanda Alfson, Jean Ward, John Rodtbtrg, P.E., dohs Webyttr, John Olson, Lenny Rutledge, Barry Greive, Mark Schnobrich, Marc Sebora, Gary Plotz, Ken Merrill, Jim Popp, Steve Madson, Dick Nagy, Julie Wlschnack, AICP, and Bonnie Baumetz Date: April 8, 2003 -Meeting Date: April 15, 2003 -Updated April 17, 2003 for the C1ty Council Meeting of Apr1122, 2003 Applicant: Frank Fay, REMAX Realty, applicant Frederick Plath, property owner WELS Foundation Inc., property owner llpdate The Plarutin~ Commission has recommended approval of this annexation on a unanimous vote. Staff ie reiterating its recommendation of denial. Attached is a map that details a mgjor sewer line that would be required to provide service to this project. The sewer line time frame is . questionable because of the cost to the City being $750,000 and whether the City is in a position to handle the infrasn-ucture improvement. Even this extension would still not service the property, in that there would be another extension of over '/, of a mile to access this newly annexed property. Tht possibility of having to instal] a lift station is also a question. The applicants state that it is possible that they would not went to develop the property for a number of years, but staff remains concerned about adding more property to the Ciry limits that is not easily serviceable, does not follow the Comprehensive Plan, and does not follow the staged growth plan. The City spent an immense amount of time dealing with growth management issues over the last several years, and staff believes wt should follow the recommendations of the comprehensive plan. Orderly Annezatlvn The applicants rre requesting annexation by Resolution of 78.8 acres located in Suction 12 of Lynn Township. Resolution No. 10025 is a Joint Resolution between the City of Hutchinson and Lynn Township as to the orderly annexation of property within the township. The•Resolution is in effect until Dwember 31, 2003. Lynn Township is the only township which has entered into a long term agreement with the City. In effect, the agreement allows a City to annex portions of the township by msolution, rather than other additional processes required under state law. Location The parcel accesses off of bale Street and abuts the City boundary on the north (edge of the proposed Ravenwood Plat). The southern boundary of the property is the south line of Section . 12. $C~~ Annexation ConslderaHon ~. Frederick Plakh Planning Commiaslon-April i5, 2003 . PaEe 2 Comprehenalve Plan As the City just recently completed the Comprehensive Plan, it is important for the City to consider the effects of this annexation and its compliance with the long range plans of the City. The staged growth plan of the proposed annexation parcel is delineated to occw between 2010 and 2015. There are several reasons this staged ipowtkr time frame was chosen for this parcel. One of the reasons, is that sewer and water access to the property are not available at this time. While there arc plans to extend a major trunk line from the east up to this area and beyond, the assurance of this occurring end the City's expenditure of those funds arc highly volatile at this point. Another reason is that indicated time frames for development were a product of haw many other areas of the City were developing at that time, so that there was not an over or under abundance of developable property within the City. The long range land use plan indicates an agricultural business use in this area becaust of the proximity to the airport. ]n fact, the northeastern portion of the property is within Airport Zone A (no build). The idea is this arcs is to have less density surrounding a conflicting use (like an airport). There hae bete some indication, on the part of the applicant, that the proptrty would be utiliud for residential purposes. Staff Recommendation There are a lot of factors to considtr when annexing property' timing of services, road . improvements, surrounding land uses, the comprehensive plan, and whether the City is ready for the property to be within City limits. Staff believes that there arc an abundance of residential opportunities within the City that are better situated for development at this time. Staff understands that at somt point in the futwe, this property may again be considered for annexation, but believes this application is premature and would not be in the best interests of the City of Hutchinson. Annexation of this area is premature according to the City's plan and etc$ would recommend to deny the request at this time. Cv: Frank Fay, REMAX Realty, 35 Main St. North. Frederick Plath, property owner WELS Foundation, property owner Robert McManus -- by fax, interested party Lynn Township L J $~~~ C~ • :..- ~`~ti~~h ~I w ~~ F~~ti ~ ~~ ~Q.q~ • _; •~~~. S~-~ ~~ RESOLUTION N0. 10025 JOINT AE90LUTION OF THIi CITY OF HUTCHINeON AND T%E TOWNBHID OP LYNN AH TO THIiI ORDERLY ANNEXATION p8 PROPERTY Thies joint resolution of the City of Hutchinson and Lynn Township i® made and entdred into this 27th day of O'uly, 1993 by the Hutchinson City Council and the Lynn Town Hoard. AECITAL9 b. Whereas, the Minnesota Municipal Board as created by Minnesota Sta~uta 5414.01 has jurisdiction over certain annexation nnd.or.der-1} annexation is:use; 2. The City of Hutchinson and the Township of Lynn desire to enter into an agreemant allowing for th® orderly annexation of . certain property; 3. The parties harato desire to reduce their agreemant to writing; NDA THERLPORII 8L IT RE6OLVED BY. T3ill...}ILTTCSIN8ON CITY COUNCIL AHD THH fiOVERNING HOARD OP LYNN TOWNBHIF A9 1"OLLDW97 ,~~5~ 1. v The property covarad by this orderly nnnexation agreemant iH legally described as follows: Lvnn Township, also known as Township 116 North, Range 30 Waat, McLeod County, Minnesota. Lynn Township, as presently constituted, consists of 21,883 acres. 2. property is rips tor, and • without Purthez delay. Thy annexed is as set forth on which is attached hereto, ~~. A portion oP th• above described the parties have agreed to, annexation ~ legal daecription of th• praparty to ba Exhibit "A", a true and correct copy of and incorporated ae if fully set out 1 ~~ ~ Memorandum TO: Mayor and City Council FROM: Brenda 1C Ewin ~ ector of Human Resources RE: Employment Contr t Draft -Interim EDA Directory DATE: May 9, 2003 The City of Hutchinson has been advised that the EDA Executive Director may bo on leave from employment for an extended period of time. As a result, the attached draft contract has been proposed for tha purpose of employing an interim EDA Director during the time period of the proposed leave. Tho attached contract document language has been reviewed by the City Attomoy and by the chair of the EDA Board of Commissioners. It is requested that the Council allow staffto go forward with negotiations to fill the interim position pursuant to the contract document. If you have any questions regarding this information or the contract document, please contact me or Marc Sebora, City Attorney, at City Center. Encl. • ~ (~~~ DRAFT May 2, 2003 EMPLOYMENT AGREEMENT . THIS AGREEMENT, made and entered into on~, , by and between the City of Hutchinson, State of iVlinnosota, a municipal corporation, (Employer), and (Employee). WTi'NESSETH: WHEREAS, Employer desires to employ the services of Employee as Interim EDA Duector of the City oFHutchinson; and WHEREAS, it is the desire of the City Council (Council), to provide certain benefits, establish certain conditions of employment and to set working conditions of the Employee; and WHEREAS, it ie the desire of the Council to: (l) secure and retain the services of Employoo and to provide inducement for him/her to remain in such employment for the interim period; (2) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (3) to provide a just means for terminating Employee's services at such time as he/she may be unable to fully discharge his/her duties or when Employer may otherwise dostro tv terminate his/her employment; and WHEREAS, Employee desires to accept and continue employment as the Interim Economic Development Authority (EDA) Director of the City: NOW, THEREFORE, in consideration ofthe mutual covenants contained in this Agreement, Employer and Employee agree as follows: Section 1. Dulles. Employer agrees to employ Employee as Interim EDA Director to perform the proper duties and functions as outlined in the position description for Interim EDA Director and as the City Administrator, Council, and EDA Board of Commissioners may from time to limo assign to Employoo. Section 2. Term. A. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Council/City to terminate the services of Employee at any time for any reason subject only to the provisions set forth in Section 4, paragraphs A and B, of this Agreement. B. Nothing in this Agreement prevents, limits or otherwise interferes with the right of the Employee to resign at any time, subject only to the provisions of Section 4, paragraph C, of this Agreement. C. Employee agrees to remain in the exclusive employ of Employer and neither to accept other employment nor to become employed by any other employer during the term ofhis/her employment, unless other employment is specifically approved in advance by the City Administmtor and the chair of the EDA Board of Commissioners. qC~~ The term "employed" is not to be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's tone off. • 5ecdon 3. Suspension. Employer may suspend the Employce per Section 22, 2(C) of the City of Hutchinson Employce Handbook -Personnel Policy. Section 4. Termination and Severance Pay. A. If the Council terminates tho Employoo and at that time the Employce is willing and able to perform his/her duties under this Agreement, then in that event Employer agrees to provido a 30-day nvtico of the intended termination date. if Employee ie temrinated because of conviction of an illegal act involving personal gain to him/her, gross negligence, willful misconduct or any other illegal acts Employer has no obligation provido said notico. B. If Employer at any time during the term of this Agreement (i) reducos the salary or other financial benefits of Employee in a greater percentage than an applicable across-tho-board reduction for all omployoea of Employer, or (ii) Employer refhses, following written notice to comply with any other provision of this Agreement benefiting Employer, or (iii) the Employee resigns following a suggestion, whether formal or informal, by tho Council that ho/she resign, Employee may, at his/her option, elect to be "terminated" at the date of such reduction or such refusal to comply within the meaning of this section. C. The Employce will give Employer 30 days written notice in advance of resi~ation, unless the parties agree to waive this notice, Section 3. Salary. Employer agreos to pay Employee for his/her services rendered pursuant hereto a weekly base rate of $800.00 payable in installments at the same time es other employoes of the Employer are paid, boginning on Employer agrees to increase the base salary of Employce in such amounts and to such extent as the CounciUCity Administrator may determine that it is desirable to do so on the basis of a salary review of Employee made at the same timo as similar cvnsidorativn is given other employoas generally. Section 6. Performance Evaluation. A. The City Administrator in coordination with the EDA Board of Commissioners may review and evaluato the performance of the Employee at least once during the term of this contract. The review and evaluation will be in accordanco with spocific criteria developed by the Employor. Tho criteria maybe modifiod as doterrnined by the City, . B. Tho City Administrator in coordination with the EDA Board of Commissioners and Employee may dofine in writing the goals and performance objectives they jointly determine necessary for the proper operation of the City and the attainment of the Council's policy objectives and will further ~ C~~ establish a relative priority among those various goals and objectives. The goals and objectives will generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In carrying out the provisions of this Section, the City and Employee mutually agree to abide by the provisions of applicable law. BecHon 7. Hours of Work. It ie recognized that Employee may devote time outside normal office hours to business of the Employer; tharofore, Employee will be allowed to tekc compensatory time off as doomed appropriate by the City Administrator during normal office hours. Section S. Outside Actfvlties. Employee will not engage in any work not connected with the business of the City without prior approval of the City Administrator. Section 4. Automobile. Employee's duties require the occasional use of an automobile. City will pay Employee the current IRS mileage rate per mile for the expenses incurred by Employee in the use of Employee's personally owned or leased automobile for City related travel. Section 10. Holidays and Military I,tave. A. Employee will be paid for holidays designated by the City and paid to other full time City employees that occur during the term of this contract. The following calendar days, and such other days as the council may fix, are paid holidays: 1 New Year's Day 5 Lndependence Day 9 Thanksgiving Friday 2 Marlin Luther King Day 6 Labor Day 10 Chnistmae bay 3 President's Day 7 Veteran's Day 11 4-hour Individual Floating 4 Memorial Day 8 Thanksgiving Day Holiday B. Employee shall be entitled to military rasdrve leave time pursuant to slats law and city policy. Section 11. Ret(remen,t. As a part of salary paid by the employer to employed, employer agrees to pay any required contribution to the coordinated plan of the Public Employees Retirement Association. Sectloa 12. Dues sad Subscriptions. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his/her continuation and flrll participation in national, regional, state and local • associations and organizations necessary and desirabld for her continued professional participation, growth, and advancement, and for the good of the employer- ~<<~) Section 13. Profeaalonal Travel Expenses. A, Employer agrees to budget for and to pay the travcl and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to pursue necessary official and other functions For Employer, including but not limited to the Minnesota League of Cities and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. All out-of--state travel is subject to the requirements of City Policy No. 3.23, Conferences & Seminars - Out of State. E. Employer agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for the good of the Employer. Section 14. General Expenses. Employer recognizes that certain expenses of anon-personal, job-affiliated nature are incurred by Employee and agrees to reimburse or to pay those general expenses. The City Finance Director is authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits in accordanec with standard City procedures. Section 15. Indemnillcatlon. Minnesota Statutes 466.07 regarding indemnification shall apply. i Section 16. Other Terms and Conditions of Employment. A. The City/Council may fix such ocher terms and conditions of employment as it may determine flour time tv time relating to the performance of Employee, provided those terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, the City Code or any other law. B. Except as otherwise provided in this Agreement, all provisions of the City Charter and City Coda, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter maybe amended, do not apply to Employee as they would to other employees of Employer. It is specifically noted that the provisions of the City policies refer to ternrhration or dismissal do not apply to this position. These provisions include, but are not limited to, Employee Handbook, Personnel Policy, Section 22(2)e --Dismissal and Sxtion 22(4) -Hearing. Section 17. No Reduction of Benefits. Employer will not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-tho-board For all employees of the Employer or ae otherwise agreed by Employer and Employee. Section 18. Notices . Notices pursuant to the agreement are given by deposit in the custody of the United States mail, postage prepaid, addressed as follows: q~~~ (1) EMPLOYER: City of Hutchinson, Minnesota 111 Hassan 5tn-ot SE Hutchinson, MN 53350 (2) EMPLOYEE: Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to process in a civil action. Notice shall be deemed given as of the dais of personal service or as of the date of deposit of such written notice in the United States mail. Section 19. Ctneral Provislona. A. This Agreement constitutes the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement is effective D. This Agreement may bo amended at any time by mutual consort of Employer and Employee. E. This Agreement maybe executed in any number of counterparts. . F. This Agreement is in effect until June 1, 200A, uriless otherwise amended by the City Council, or terminated under the provisions of this Agreement. IN WITNTSS WHEREdF, the City of Hutchinson by its City Council has caused this agreement to be executed and delivered in its behalfby its Mayor and duly attested by its City Administrator, and the Employee has executed this Agreement as of the day and year first above written. The parties hereto have executed this Agreement on THE CITY OF HUTCHINSON, MINNESOTA EMPLOYER By Marlin Torgorson, Mayor Attest: Oary D. Plotz, City Administrator EMPLOYEE ~cc~ ~ CITY OF HUTCHINSON MEMO Finance Department May 9, ~D03 TO: MAYOR i CITY COIINCIL FRDM~ KSN MSRRILL, FINANCE DIRECTOR 9UBJSCTt CALLING FOR 8AL$ OF 2003 GENERAL OBLIGATION IMPRV$MSNT BOND6 Seckground With the Minnesota Legislature still in session and the outcome uncertain several bills have been introduced, which could affect how and when Minnesota Cities sell bonds. • In discussion with 6teve Apfelbacher, Ehlers & Associates, and Jerry Gilligan, Dorsey Whitney, at this time we have three lettings that would still [~ualify for bonding this year. The projects - Letting #1 (Dale 2° Avenue etc), Letting 3 (various street overlay projects etc.), and Letting 9 (Stearns Woods) meet the worse case criteria of these pending bills, according to Jerry Gilligan. Bonds using the most restrictive language of the pending bills require sale of the bonds before the end of May 2003. Documents are being prepared and the bond sale report normally available in the packet are being prepared and not ready on Friday. This document will be presented at the meeting. Action We would ask the council to approve a resolution calling for the ®ale of $1,200,000 General Obligation Improvement Bonds with a bid opening and award of May 27, 2003; the next regular meeting of the Hutchinson City Council. Hi\~OC\CiEy oollzlCil eymo l.doo J n ~ }~~ . City of Hutchinson, Minnesota Pre~ale Report Mey 12, 2003 Propgaed Issue: $1,330,000 C3etteral Qbligation Imprvvememt Bonds, Sorios 2003C Purpose: Fund various public improvaments. Description: This bond will fund three projects including: 1. Dale Street fYom 2°d Avenue S W to Roberts Road S W & 2"d Avenue from Main Strout South to Dale Strout SW. Total project cost is estimated at $2,646,802. 2. Street Resurfacing for Dalaware Street NW; Arch Strout SE &nm 2nd Avenue SW to Luce Lino Trail; Ludtke Lane NW; Florida Street; Illinois Street; Ranch Avenue SE from 5"' Avenue SE to RR tracks; sidewalk improvements on School Road NW at California Street NW 3. Stearns Woods -Park Island Drive Extension . Term/Call Feature: The bonds would bo issued for an olovan-year period and would bo callable in 2010 for bonds maturing in 2011 and thereafter. Funding Sources: 1. This project would be funded in addition to the Bonds with $840,pD0 Federal, 5364,253 MBA, and $591,502Water/Sewer 2. The Ronde would include special esseaementa of $691,164 to be levied in 2003 and collected in 2004. 3. Tho Bonds would also include a debt levy. Discussion Issues: A large number ofMinnesota bond Bales are scheduled for TuesdayMay 27, (the day after Memorial Day). This is duo to concams about changes in legislation and the hvlidaywook. Ehlers reconunende consideration of conducting a sale later in the week, preferably on Friday, May 30. Ifthis option ie chosen it would be necessary to conduct a special council meeting on that day or to authorize solo parameter on the regular May 27 City Council mooting. Under this later option, a resolution would be prepared establishing authority for the sale ofbonde ifinterest rates met specific criteria. Attachments: Proposed Debt Service Schedule Resolution authorizing Ehlers to proceed with bond sale 1 Prepared by Ehlers & Associates, inc. [,~ ~~~ L.J Sources and Uee~ of Pbnde: Sources• Bonds $1 330 000 Usee• Bond Conatnrction Funds 1 303 860 Discount 10640 Isaue Ex enses 15 500 Total $1 330000 Schedule: Pro-Sale Review: Distribute Official Statement: Confarenca with Rating Agency: Bond Sale: Estimated Cloning Date: >Lhlers Contacts: Financial Advisors: Bond Analysts: Bond Salo Coordinator: May 12, 2003 Wook of May 12'" Wook of May 19"' To be determined To be determined Steve Apfelbachor, Jim Prosser Diana Lockard (651) 697-8534 Debbie Hohnos (651) 697-6536 Connie Kuck (651) 697-8527 The Qfficial Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. Proparod by Eblere & Associates, Inc. n / L Resolution No. Counoil Member introduced the following resolution end moved its adoption: Reeolntion Provldbtg for the Sale of $1,330,000 General Obligatlon Improvement Bonds, Series 2003C A. WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore detemdned that it is necessary and expedient to issue the City's $1,330,000 C3enerul Obligation Improvement Banda, Series 2tx13C (the "Bonds"), to finance various public improvements in the City; and $. WHEREAS, the Ctty has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), es its ittdependant flnanoial advisor for the Bonds end is therefore authorized to sohoit proposals in accordance with Minnesota Statutes, Section 47S.6D, Subdivision 2(9); NOW, THEREFORE, BE 1T RESOLVED by the City Council of Hutchinson, Minnesota, as follows: 1. .The City Council hereby authorizes Ehlers to solicit proposals for the salt of the fonds. 2. Mavlin¢: Pi4L)ll9BL• The City Council shall meet at on , for the purpose of considering sealed proposals for and awardmg the sale of the Bonds. 3. Official Statement. Tn connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and partioipate in the pttiparation of an offioia] statement for the Bonds and to execute end deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly aeoonded by Council Member and, aRer fl-ll discussion thereof and upon a vote being taken thtreon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon acid resolution wne deolered duly passed and adopted. gated this day of 2003. City Administrator qCb) MAY. 13. 2DD3 3:47PM FRIERS 8 ASSOC. ND. 7121 P. 2 Hutchinson, MN X1,330,000 O.O. Imprcvement Bonde, Seriea 2003 DEBT 8ERVICE SCHEDULE Dew Prhtv~sl coupon 9rmrest Tool P+I er91n9o1 - - - - aro1n9a4 - - 29.ne-e4 a9,77e.e4 W1n994 - - 23,717,19 23,717.60 7/01n003 106,000,00 2000x 7x.71 r,60 126,717.60 e/0117005 - - 72,607,60 22,667.60 7/O1g006 106.000.00 2.350x 22,6e7.60 177,967.60 6/01/7001 - - 21,433.x6 21,473.7e 2Po1nOm 110,000.00 2.760% 21,433.76 131,431,76 eA72007 - - 19,92126 ~ 19,921.26 7!012006 110.000.00 3.060% 19,927.26 149,111,76 /10112001 - 11,747.76 16,243.7fi 2/0tn009 11e,000.OD 7,400% 11,2p.76 771,743,75 8/01/2009 - - 16,21e.75 16,7e6.70 2N171010 170,000.00 3.750% 16,2ee.76 13e2Y1.76 erotr1o19 - - 14,9x1.76 u.o3e.7e 2/012011 1x9.999.99 3.D00% u.936.7e 134,03e.n 6/012011 - - 11,aea.7s 11,606-re 2/072012 1]6,ODD.00 4.100% 11,e6e.76 1%,e81.76 61012072 - - 9,10e.26 8,101.7b 7/012017 136.000,00 4.200% 9,106.70 141.109.25 6/01/1017 - - e,27126 6,271.71 2/012014 140.000.00 4.360% 8,27126 146,271.21 eN1n014 - - 3,226.26 321/.7e 710112011 146,000.00 4Ae0% 7,726.16 14/,77e.25 Taal 1,370000.00 - 762,946.14 1,697,946.14 YIELD STATISTICS Band Ypr 0v1en/. .. Awnpe Lie .............................. AWnpe Coupon ........................ Net Irderesl Cast (NIC) ................. True Inlenet Cal (11C) ................ Band YiNd for Ar61tre0e Puryvsn All IndWiN Cap (AIC) ................. Ins roRn16o36 Nel InMrat Cost ..................................................... wefpM4d Awrepe M.wrnr .................................. ........... 19,7e4.w --------- e.IN Vun ............ 3.9174730% ............ 4.0322 W 6% ............. 4.0221697% ............. 3.666931 B% ............. 4,2216e26% a.9n4139x 6.9p Yesn lhlan 8 Auodelm, Inc. Flle c HLf7CHINBON.$F-Sex 03 12,e48K Net Ga Imprv- SINOLIt PURPOSE Lesoer4 In PUb90 Finslla extm 1955 W17n003 4:40 Pµ Plpe 1 '1 ! .1 / MANAGEIVIEIVT AGREEMEP]'I.' Pursuant to Hutchinson City prdinance Section 5.02, Subd. 4 D., the City Council may execute a management agreement which covers the period of time between the Bale or transfer of a business which holds a liquor license and the issuance of a liquor license to the new owners which controls all intoxicating liquor sales to the existing licensee or a manager responsible to the existing licensee. Whereas, a liquor license is currently held by the Best Western Victorian Inn for the Sala of intoxicating liquor on the premises of the Beat Western Victorian Imt in the City of Hutchinson; and, Whereas, the Beat Western Victorian Jtm is in the process of being transferred to Victorian Irur Management Company in the new applicant's nears; and, 2003. Whereas, the transfer of the liquor license shall ba completed on or about Tune 1, Now, therefore in consideration of the foregoing, and in recognition of the new liquor license application by Victorian Inn Management Company, the City of Hutchinson door agree to allow the sale of intoxicating liquor on the premises of Best Western Victorian Inn under the auspices and authority of the current license holder represented by the cumnt license holder, Crow River Properties, Incorporated, by and through its President, Marlys J. Anderson, under the following oondidons: 1. That Crow River Pmportiee comply with all State and Municipal atatules, rules, and ordinances governing the Sala of intoxicating liquor. That Crow River Properties maintain in Rill farce of effoat a liquor llaense liability insurance policy in a coverage amount not less than that mandated by the State of Minnesota and the City of Hutchinson. This management agreement shall romain in effect until June 1, 2003, or auoh tune that the Hutchinson City Council has taken final action on the liquor license application of Victorian Inn Management Company. G4ow River Properties City of Hutchinson By lte Date BY. Its Date Data ~ ~c~~