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cp06-11-2002 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 11, 2002 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION -Rev. Todd Ertsgaard, Oak Heights Covenant Church 3. MINUTES (a) REGULAR MEETING OF MAY 28, 2002 Action -Motion to approve as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2002 2. BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2002 3. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR APRIL 2002 (b) RESOLUTIONS AND ORDINANCES • 1. ORDINANCE NO. 02-314 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM R3 TO PDD #02-O1 (RAVENWOOD ADDITION) (SECOND READING AND ADOPTION) 2. ORDINANCE NO. 02-315 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING THE COFFEE COMPANY THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CERTAIN PROPERTY LOCATED IN PUBLIC RIGHT OF WAY ON 18 MAIN STREET (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 02-316 - AN ORDINANCE CREATING SECTION 10.051 RELATING TO FIREWORKS PERMITTED WITHIN THE CITY LIIv1ITS (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 02-317 - AN ORDINANCE AMENDING SECTION 10.05 RELATING TO FIREWORKS PERMITTED WITHIN THE CITY LIMITS (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 02-318 - AN ORDINANCE REAFFIIZMING VACATION OF A PORTION OF WASHINGTON AVENUE EAST (SECOND READING AND ADOPTION) (c) APPOINTMENT OF MEMBER TO PLANNING COMMISSION (d) CONSIDERATION OF SHORT-TERM GAMBLING LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH FOR FALL FESTNAL ON SEPTEMBER 8, 2002 CITY COUNCIL AGENDA -JUNE 11, 2002 • (e) CONSIDERATION OF SHORT-TERM NON-INTOXICATING MALT LIQUOR LICENSE FOR ST. ANASTASIA CATHOLIC CHURCH FOR FALL FESTIVAL ON SEPTEMBER 8, 2002 (f) ASSESSMENT ROLL NO. 5057 - LETTING NO. 1/PROJECT NO. 02-01 (NE TRUNK) & 02-02 (2~' AVENUE SE)J (DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT; HEARING ON PROPOSED ASSESSMENT) (g) CONSIDERATION OF 1ST ADDITION TO RAVENWOOD Action -Motion to approve consent agenda 5. PUBLIC HEARING - 6:00 P.M. (a) ASSESSMENT ROLL NO. 5055 & 5056 -LETTING N0. 3/ PROJECT NO. 02-04 (FAIIZ AVENUE SE), 02-OS (OAKLAND AVENUE SE), & 02-06 (JUUL ROAD SW) - ADOPTING ASSESSMENT AND ACCEPTING BID & AWARDING CONTRACT Action -Motion to reject -Motion to approve (b) ON-SALE INTOXICATING LIQUOR LICENSE FOR ALL OCCASIONS CATERING Action -Motion to reject -Motion to approve • 6. COMMUNICATIONS. REQUESTS AND PETTTIONS 7. UNFINISHED BUSINESS 8. (a) CONSIDERATION OF RE(~TESTS FROM THE HUTCHINSON AREA CHAMBER OF COMMERCE FOR THE 28 ANNUAL ARTS AND CRAFTS FESTIVAL TO BE HELD ON SEPTEMBER 13 - 14, 2002 ^ USE OF LIBRARY SQUARE FOR EXHIBITORS • CLOSING OF DESIGNATED STREETS AND MUNICIPAL PARKING LOTS • CLOSING OF PARKING AREAS ON STREETS FOR EXHIBITOR LOADING AND UNLOADING Action -Motion to reject - Motion to approve (b) CONSIDERATION FOR APPROVAL OF PROPOSED BUILDING PROGRAM FOR HUTCHINSON AREA HEALTH CARE Action -Motion to reject -Motion to approve (c) CONSIDERATION FOR APPROVAL OF HUTCHINSON COMMUNITY DEVELOPMENT COMMLSSION BECOMING MEMBER OF THE MINKESOTA COMMi_JNITY CAPITAL FUND Action -Motion to reject -Motion to approve (d) CONSIDERATION FOR APPROVAL OF CHANGE ORDER FOR IMPROVEMENTS ON BIOSOLIDS DRYER CITY COUNCIL AGENDA -JUNE 11, 2002 • Action -Motion to reject -Motion to approve (e) CONSIDERATION FOR APPROVAL OF ORDERLY ANNEXATION OF JEFFERSON STREET AREA PROPERTY Action -Motion to reject -Motion to approve 9. MISCELLANEOUS (a) COMMUNICATIONS 10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Action -Motion to approve and authorize payment of Verified Claims A from appropriate funds (b) VERIFIED CLAIMS B Action -Motion to approve and authorize payment of Verified Claims B from appropriate funds 11. ADJOURN n LJ • MINUTES REGULAR MEETING - HUTCHIlVSON CITY COUNCIL MAY 28, 2002 1. CALL TO ORDER - 5:30 P.M. ayor az m orgerson ca the meeting to order. Council Members present were John Mlinar, Jim Haugen, Kay Peterson and Duane Hoversten. Also present were Ken Merrill, Finance Director, Marc Sebora City Attorney and John Rodeberg, Director ofEngineering/Public Works. 2. INVOCATION -Rev. Randy Freund, of Faith Lutheran Church, delivered the invocation. 3. MINUTES (a) REGULAR MEETING OF MAY 14, 2002 (b) BID OPENING MINUTES FROM MAY 2Q 2002 (c) BID OPENING MINUTES FROM MAY 22, 2002 (d) BOARD OF EQUALIZATION MINUTES FROM MAY 9, 2002 Minutes were approved as presented 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS • 1. AIItPORT COMMISSION MINUTES FROM APRIL 8, 2002 2. PIONEERLAND LIBRARY SYSTEM BOARD MINUTES FROM MARCH 21, 2002 3. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR MARCH 2002 4. HUTCHINSON AREA HEALTH CARE BOARD MINCJTES FROM APRIL 16, 2002 5. CITY OF HUTCHINSON FINANCIAL REPORT FOR APRIL 2002 6. CITY OF HUTCHINSON INVESTMENT REPORT FOR APRIL 2002 7. HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM APRIL 22, 2002 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 02-308 - AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE SECTION 10.47 TO INCLUDE PROVISIONS FOR THE LICENSING OF EXCAVATORS (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 11950 -RESOLUTION FOR PURCHASE OF COMPOST BAGS 3. RESOLUTION NO. 11941-RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NOS. 5055 & 5056 -LETTING NO. 3/PROJECT N0.02-04 AIR AVENUE SE), 02-OS (OAKLAND AVENUE SE) & 02-06 (JUL1L ROAD SW) • 4. RESOLUTION NO. 11942 -RESOLUTION FOR HEARING ON PROPOSED ASSEMENT [ASSESSMENT ROLL NOS. 5055 & 5056 - LETTING NO. 3/PROJECT NO. 02-04 (FAIR AVENUE SE), 02-OS (OAKLAND AVENUE SE) & 02-06 (JUUL ROAD SW)] 3c~~ CITY COUNCIL MINUTES -MAY 28, 2002 (c) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF TABLED CONDITIONAL USE PERMIT REQUESTED BY KEVIN COMP~ON TO CONSTRUCT 3 TWINHOMES ON PROPERTY IN HELLAND'S 7 ADDITION. ALSO, CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS COLORADO RIDGE LOCATED ON COLORADO STREET AND EIGHTH AVENUE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11945) 2. CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS 1sT ADDITION TO RAVENWOOD LOCATED SOUTH OF CENTURY AVENUE AND WEST OF THE FAIRGROUNDS AND CONSIDERATION TO REZONE PROPERTY TO BE PLATTED 1 ADDITION TO 12AVENWOOD FROM R-3 TO PDD AS REQUESTED BY BRUCE NAUSTDAL, ALSO CONSIDERATION OF A CONDITIONAL USE P~~2MIT TO AMEND THE PDD LOCATED IN THE PROPERTY TO BE PLATTED 1 ADDITION TO RAVENWOOD WTTH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11947) 3. CONSIDERATION OF A VARIANCE TO CONSTRUCT A PORCH 12.7' FROM PROPERTY LINE AS REQUESTED BY-JEFF HAMII,TON ON MILWAUKEE AVENUE WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 11948) (d) CONSIDERATION FOR APPROVAL OF SHORT-TERM GAMBLING LICENSE FOR 3M CLUB AT 3M CLUB BUILDING ON JUNE 15, 2002 (e) APPOINTMENT OF JACK SANDBERG TO PIONEERLAND LIBRARY SYSTEM . BOARD (f) APPOINTMENT OF MEMBER TO PLANNING COMMISSION Item 4(f) was tabled until the June l la' Council meeting. Item 4(b)4 was pulled for further discussion. John Rodeberg explained that Resolution No. 11942 is to call a heating for the proposed assessment as opposed to adopting the assessment as the agenda item states. Motion by Mlinaz, second by Haugen to set assessment hearing for June 11, 2002. Motion carried unanimously. Motion by Peterson, second by Mlinar, to approve consent agenda, with the exception of Item (f) and with the change to Item 4(b)4, calling for hearing on proposed assessment. Motion carried unanimously. Duane Hoversten requested that Item (f) be tabled until more names can be added for consideration. Motion by Peterson, second by Hoversten, to table Item (f) until June 11, 2002. Motion carried unanirously. 5. PUBLIC HEARING - 6:00 P.M. (a) OF F~WAY FOR THE PUE OSES OF AO SIDEWALK CAFE O ~IDME PUBLIC RIGHT Julie Wischnack noted that the Coffee Company had signed aone-year contract last yeaz with the City for this same franchise. This franchise for consideration rs for athree-year contract. 3~0,~ CITY COUNCIL MINUTES -MAY 28, 2002 Motion by Mlinaz, second by Haugen to close the public hearing. Motion carried • unanimously. Motion by Mlinaz, second by Haugen to approve the franchise agreement with the Coffee Company. Motion carried unanimously. (b) ASSESSMENT ROLL N~. 5054 -LETTING NO. 4 & 5/PROJECT NO. 02-11 (OAK STREET NE), 02-12 (9 AVENUE NE , 02-13 (CMC ARENA ACCESS), & 02-14 ACCEPTINGBIDSAND AWARDMING C ~NTRACT)~OPTING ASSESSMENT AND John Rodeberg noted for the Council that the bids came in lower than expected for these projects. Mr. Rodeberg stated that actual costs have been mailed out to the residents effected with the actual amounts that they will be assessed. Various payment options are available for residents as well. John Rodeberg reviewed the projected costs, as to the amount that the City pays and what the residents pay. Mr. Rodeberg estimated that the projects will be starting in approximately three weeks. Glen Novotny, Hector resident, stated that he attended this public hearing on behalf of a relative that lives on Oak Street. Mr. Novotny asked if this is a new construction or is it routine maintenance. Mr. Rodeberg explained that this is a complete reconstruction project. Motion by Mlinaz, second by Peterson to close the public hearing. John Rodeberg further explained that there is a deferred assessment program for the elderly and disabled, if they meet the income guidelines. Motion carried unanimously. Motion by Mlinaz, second by Peterson to approve Letting No. 4 & 5. John Rodeberg explained that the Projects 02-13 and 02-14 aze covered financially 100% by the City. • Motion carried unanimously. 6. COMMUNICATIONS REQUESTS AND PETITIONS (a) PRESENTATION BY PHIL GRAVES ON PROPOSED BUILDING PROGRAM FOR HUTCHINSON AREA HEALTH CARE Bob Peterson, Hutchinson Area Health Caze Boazd Chair, along with Phi] Graves, CEO Hutchinson Area Health Caze (HAHC), presented before the Council on the long-range plan for a building program for HAHC. Phil Graves distributed a letter written to the Council outlining the master site plan for HAHC, which entails remodeling and adding on to the current facility. The proposed project costs lie within the range of $11 - 12 million dollazs. Phil Graves presented on the layout that is presented for the revised site. Phil Graves outlined all of the projects that will be entailed with the master site plan. Phil Graves proposed that he return at the June 11, 2002, meeting to answer any questrons the Council may have from this presentation. Mr. Graves further explained vanous financing options to fund this project. These options include general obligation bonds, general revenue or insurance revenue bonds. Mr. Graves went on to state that at this time, the project will proceed due to the plan of the Hospital to house five surgeons in the near future. Fundraising (i.e. private donations) will also be considered to help fund the project. John Mlinaz commented that this is an exciting plan and there is an obvious need for expansion due to the large growth of the azea. 7. UNFINISHED BUSINESS • (a) SUIvIIvIARY OF CLOSED MEETING PROCEEDINGS FOR CTI'Y ADMINISTRATAOR PERFORMANCE APPRAISAL 3 Q0.) CITY COUNCIL MINi_1"I'ES -MAY 28, 2002 . Mayor Torgerson read the summary of the City Administrator's performance appraisal. The summary noted that Mr. Plotz's strengths and weaknesses were discussed, along with the goals set for the following yeaz. A 3.5% pay increase was recommended. Motion by Hoversten, second by Haugen to approve the 3.5% pay increase for Gary Plotz, City Admuristrator. Motion tamed unanunously. 8. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF NAVIGATIONAL AIDS SERVICE ROAD AND TAXIWAY IMPROVEMENTS John Rodeberg stated that a contract needs to be considered with TKDA as the consultant to this capital unprovement project. This is a step that needs to be acquired before the project can move to the next step. This is part of the annual safety improvements that are made to the airport each year. A new access road will be constructed, along with widening of aprons and parking lot improvements. Motion by Mlinaz, second by Peterson, to approve advertisement for bids and entering into contract with TKDA. Motion carried unammously. (b) CONSIDERATION OF SETTING BUDGET WORKSHOP FOR JUNE 11, 2002, AT 4:00 P.M. Ken Merrill noted that this is the start of the process for the 2003 year. Motion by Mlinaz, second by Hovensten, to set budget workshop for June 11, 2002, at 4:00 • p.m.. Motion carried unanimously. (c) CONNTROL DEVICES (4-WAY STOP AT ADAMS STREETLAND S~AVENCTE~gE)IC John Rodeberg noted that that this is the ideal location along Adams Street due to the new 3M entrance and the reconstruction work that has been done on 5 Avenue. There is great difficulty in crossin~ Adams Street due to increased traffic in the azea. "Temporary sngns" and "warning signs' will be installed prior to the permanent signs being placed. John Mlinaz questioned the feasibility ofplacing afour-way stop at 2nd Avenue and Adams Street. John Rodeberg noted that there are not enough warrants or specific cniteria that is met for this location, rather that there is not enough traffic to deem afour-way stop. Duane Hoversten questioned the difference between stoplights vs. the four-way stop. John Rodeberg noted that stoplights may be considered m the future, but new warrant criteria would need to be met. Mayor Torgerson questioned whether or not left-tum signals could be lengthened at School Road and Hwy 7 West. John Rodeberg stated he would reseazch the possibility with MnDOT. IV~otion by Haugen, second by Mlinaz to approve traffic control devices at Adams Street and 5 Avenue SE. Mayor Torgenson noted whether or not there was ample room along Adams Street for turning lanes. John Rodeberg stated that there is room, but dnfferent scenanos will need to be considered when this becomes an option. Motion carried unanimously (d) CONSIDERATION OF A CONDITIONAL USE PERMIT TO REPLACE A WOODEN FENCE WTI'H A 6 FOOT VINYL FENCE IN THE FRONT YARD AS REQUESTED BY AND FAVORABLE RECOMMENDA ON E4 TO 2 VOTE (ADO RESO E ON NO. 11946) 31Q~ CITY COUNCIL MINiJTES -MAY 28, 2002 Issues with this application is that the fence may obstruct the view of Lake Street when • backing out of the driveway on Thomas Avenue, Mayor Torgerson noted that he had driven to the applicant's residence and tested the view of the fence and he did not see any increased viewing problems due to the construction of the fence. Julie Wischnack, Director of Plazuilng/ZoningBuilding, presented before the Council. Ms. Wischnack explained that the Planning Commrssron's proposal is to have the fence angled to create more viewing azea of Lake Street. John Rodeberg stated that a fence is already on the property and he and the Police Chief are comfortable with the location of the fence currently, but would prefer to have the fence angled, as originally proposed. Motion by Mlinar, second by Haugen, to approve Resolution No. 11946. Motion carried unanimously. Steve Smart, 986 Thomas Avenue, distributed a picture showing that there is ample viewing room with the fence moving back 8 inches. (e) CONSIDERATION OF A VARIANCE TO REDUCE SIDE YARD SETBACK FROM 6' TO 2' FOR CONSTRUCTION OF A 20' X 30' DETACHED GARAGE WITH AN 8' X 18' ATTACHED SCREEN PORCH AS REQUESTED BY SHERRY BETHKE LOCATED AT 325 ADAMS STREET SE WITH UNFAVORABLE RECOMMENDATIONS (ADOPT RESOLUTION NO. 11949) Julie Wischnack explained to the Council that the proposal was to construct a detached garage approximately 4.5' from the property line. Both staff and Planning Commission felt that there were other options on the property to construct the garage rather than obtauvng this variance. Motion by Mlinaz, second by Haugen, to deny the variance application and adopt Resolutio • No. 11949. Motion carved unanimously. (f) DISCUSSION OF FENCED ISSUE AT 215 ECHO CIRCLE SE Julie Wischnack updated the Council on this fence issue between the City of Hutchinson and Richard Schmidtbauer. Ms. Wischnack delivered the Council background information as to the sequence of events and as to how City staffbecame awaze of the fence on cemetery property and the status of the situation to date. In summary, Mr. Schmidtbauer's private fence is placed two feet onto City cemetery property. John Rodeberg noted that other businesses have placed requests to encroach on city property, which all have been denied. City staffwould like to handle this as originally intended wrth no private fences on city property. General discussion was held on the location of the garage, utility boxes and the fence. Mayor Torgerson noted that there are two options: 1. Take the fence down; 2. Move the fence onto Mr. Schmidtbauer's property. Motion by Peterson, second by Hoversten, to have the fence moved off of city property and provide city staff assistance to come up with alternative entrances from the back of the gazage. Motion carried unanunously. (g) CONSIDERATION OF ORDINANCE NO. 02-316 - AN ORDINANCE CREATING SECTION 10.051 RELATING TO F1ItEWORKS PERMITTED WITHIN THE CITY LIMITS AND CONSIDERATION OF ORDINANCE N0. 02-317 - AN ORDINANCE AMENDING HUTCHINSON CITY ORDINANCE 10.05 SUBD. 4 AND SUBD. 6 (SET • SECOND READING AND ADOPTION FOR JUNE 11, 2002) Mayor Torgerson noted that this is precipitated by the State Legislature enacting a law allowing fireworks within the State of Minnesota. 3 ~a~ CITY COUNCII, MINUTES -MAY 28, 2002 • Brad Emans, Fire Chief, noted that this law went into effect immediately as opposed to August 1 as other laws do. Mr. Emans further noted that fireworks have not been allowed in Minnesota for approximately 60 yeazs. Therefore, an ordinance has been drafted to address this law. Mr. Emans explained that the items included in the law include sparklers, snakes, etc., or, in other words, items that do not propel or explode which aze rather minor items at this point. However, it is the consensus that the lobbyists will be back next yeaz to have the more volatile items included. Duane Hoversten asked where the numbers were derived from in Subd. 3 (c) which indicate the amount of pounds that are allowed. Brad Emans explained that various Fire Chiefs conspired to come up with this number so that there is uniformity amongst various cities. Mr. Hoversten and Fire Chief Emans agreed that this amount of allowable pounds ma be low and could prohibit a retailer from being able to transport them. Mr. Emans explained that this section is not intended to prohibit, but to keep residents safe. Motion by Mlinar, second by Peterson, to approve the first reading and set second reading and adoption for June 11, 2002. Duane Hoversten requested that retailers contact the city if there are any issues with the poundage restrictions. Motion carried unanimously. 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar - Mr. Mlinaz commented that he has received an overwhelmingly amount of positive responses regarding the Event Center. Kayy Peterson - Ms. Peterson commented that the number in attendance at the Memorial • Pazk dedication was amazing -approximately 1500 in attendance. John Rodeberg - Mr. Rodeberg explained that john Olson has been working with the school district and presenting information on storm water and preventing storm water pollution and will be facilitating an environmental project with a 7"' grade class. John Olson presented before the Council on the specifics of the project. This is an exciting opportunity to teach kids about stormwater and to complete the requirements of phase II of the environmental educational requirements. John Rodeberg noted that various pollutants are drained into catch basins and he commended Mark Schnobrich and John Olson on the work they have done on this educational project. Also, an advertisement for bid was distributed to the Council members for Creekside Soils Blending Line. A proposal for bids is being requested to obtain this piece of equipment. John Rodeberg noted that private interest has been shown to the City for the use of this type of equipment. Motion by Hoversten, second by Peterson to approve advertisement for bids for Creekside Soils Blending Line. Motion carried unanimously. Marlin Torgerson -Mayor Torgerson noted that he has received comments regazding parking on Lewis Avenue, specifically neaz the School Road comer. He requested the Engineering Dept. to review this azea. Marc Sebora - Mr. Sebora thanked Julie Wischnack, Steve Madson, Brad Emans and Barry Grieve for the assistance they provided in drafting the fireworks ordinance. 10. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS • (a) VERIFIED CLAIMS A Motion by Peterson, second by Haugen, to approve and authorize payment of Verified Claims 3~a~ CITY COUNCIL MINUTES -MAY 28, 2002 A from appropriate funds. Motion carried unanimously. • 11. ADJOURN With no further business to discuss, the meeting adjourned at 7:00 p.m. • 3~0.~ Memo Toe Mayor and City Council From: Brad Emans Datx 06/03/02 Re: Monthly Council Update The Hutchinson Fire Department responded to 32 general alarms for service in the month of May. This Ls the breakdown of those calls: City: • Residential 1 Commerdal /Industrial 10 Multi-fatuity 3 School Type 2 Hazardous Material 3 Vehide 2 Carbon Monoxide 2 Sky-Wam 1 Mutual Aid 1 Rural: Residential 2 Rescue 3 CommerdaVlndustrial 1 Farm Building 1 Drills / Meetings /Other Information: 3M safety procedures and update on new hazard materials First aid refresher Disaster drill with Silver Lake FD and the Hutchinson Hospital / 30-35 victims in a school bus accident and two vehides Taught two fire prevention/general fire safety classes for 115 school age kids. To date twelve Gasses have been put on for over 500 students County Chiefs meeting in Glencoe By-Law and Standard Operating Guidelines update meeting Community Events - Zuhrah Shrine Parade, two Memorial Day events • •Page1 ~~~~~ FLATWORK BASEMENT FAMILY DETACHED i-FAMILY A7?ACHED For the month of May 2002 2ESIDENTIAL & NON HOUSEKEEPING ADDITION5 DENTIAL GARAGE ADDITIONS Number o(Inspections for the month = 23~ Number of Plumbing Permits for the month = ~( 2T $o. oo 7 $o. oo - ---- - a $o .oo -- 3 $o. oo 1a $o. oo 1a $o. oo ----- 3 $0. 00'. 12 $0. 00 ',. _._ 8 __. $0. 00 3' $0. 00 ' ._ 5 _.. $707,000. .. 00 ''.. _ __. 2 $260,000. ;. 00 '.. _.__.. 2 $52,000 00 ', 7 $95 800 00 -- 10 $57 375. 00 ', ___ 3 __. $45,220. 00 ''.. 124' $1,217,395. 00' 4.,q ~ 1,. ~1.:...._. • o0z 58 PM Final HUTCHINSON AREA HEALTH CARE Comparative Balance Sheet Aa of April 30, 2002 ASSETS C+!rrant.~ssL 1 Cash end investmems -Operations 2 Cash arW Investments -Sett-Insuretl 3 Subtotal rash 8 Imeslmenls 4 Patient7Residenl receivables 5 Allowances la bad debts 6 Advances and contractual a9ardnces 7 Nel petienUras~ent and third-party 8 peya receivables 9 10 Other receivables -net 11 Inventories 12 Prepaltl expenses (A) (B) (A) -(B) APRIL MARCH APRIL Change 2002 2002 2001 CY vs PY 57,042,739 36439,820 53,017,005 4,025,734 _ 507,906 457,872 434,192 73,771 57,550,645 36,897,692 t3 451,197 4,099,448 16,981,349 17,020,103 14,808,993 2,172,356 (3,945,078) (3,845,002) (2,726,670) (1,216,408) (5,132,812) (5,049,944) (5,231,181) 98,289 57,%3,359 56,125,157 36,651,742 1,052,217 162,808 146,912 65,868 %,940 662,714 675,050 590,578 72,136 198,3% 197,245 205,367 (6,971) 13 Total Curtest ASSels 516,477,922 516,044,056 511,164,152 5313770 14 _BOard Desioneted/Funded Decredati on Inveaments 36 686 928 36 680 1% 56 523 464 163 484 , , , , , , , 15 Imeslment in Joint Ventures 564,171 564,171 569,865 (5,714) Plant Assets 16 Lend 17 Buildings 18 Accumulated depreciation 19 Buildings less tlepraoalion 20 Equipment 21 Accumulated depreda0on 22 Equipment less depreciation 23 Cashconsiruction 6 equipment 24 CansUUCtion in Progress 25 Total PIaM Assets Dthaf ASSet9 26 Deterred financtng costs 27 Total Funde L~ 51019,788 31,019,788 5765,6% 654,092 (A) (B) (A) -(BI APRIL MARCH APRIL Charge 2002 2002 2001 CY vs PY I (ABILITIES AND FUND BALANGE ~ C Jnant Liabllitie-s CurteM maturities of Lag term debt _ 3754,202 5756,001 $670,055 64,147 Accounts payable - Vade 1,691 267 1,768,225 1,536,933 154,334 Estimaletl contractual seltlameMSnet 2,167,221 2,002,816 602,811 1,564,610 Acrnrad expenses - Salaries 593,315 692,641 529,115 84200 PTO 1230,262 1,204,644 1,151,133 79,129 Interest 155,034 86,263 163,373 (8,339) Self-Insured programs 571,925 561,658 567,872 (15,747) Other 130,657 114,747 94,399 36,258 Delerted liabilities 136,787 132,620 97,344 39,443 Deferted revenue 10,%3 0 (5,322) 18,265 Total CurtaM Liebilifres 25,994,824 25,986,708 26,927,613 (932,989) (10,743,805) (10,850,917) (9,666,775) (1 077,030) Lom-term Debt flea ~rtenl 515,251,019 515,335,789 517,261,038 (2,010,019) matudties) 14,122,908 14,096,805 13,282,646 840,262 (10,677,432) (10,601,134) (9,570,025) (1,107,407) 23,445,476 33,495,671 53,711,621 (267,145) 0 0 0 0 370,038 375,7% 32,029 336,009 520,066,321 520,167,004 521,171,384 (1,085,003) Fund Baance 377,266 578,090 594.608 (17,342) 543,392,608 543,033,519 539,023,493 4,369,115 Tatel Funds 37,441833 37,341,435 35,427,313 2,014,320 513400684 513,398,715 514,022924 (622,240) 522,550,291 522,293,369 519,573,256 2,977,035 543,392,608 543,033,519 539,023,493 4,369,115 FINSTMNT Pam Larson • no6z ~57 PM Final HU7CHINSON AREA HEALTH CARE Sutement of Revenues antl Expenses Month arrtl Pedod Ended Apnl 30, 2002 CURRENT MONTH YEAR-T0.DATE YEAR-T0.DATE Over (UMer) B udget Over (UMer) Bud get VARIANCE % 1 3~C0Y9 Actual Butlgel Dollars Percent Actual Budget Dolars Percent April 2001 2002 vs 2001 1 In patient revenue 52,178.836 52,584,565 (5417,829) -16.1% 59,070,247 510,328,871 (51,258,730) -12.2% 58,861,486 2.4% 2 Oul patient revenue 3,578,858 3.29d,334 284524 8,8% 13,261681 72,875,152 286,539 2.2% 10,503,016 263% 3 Resident Revenue 521,442 482,754 38,888 8.0% 1978,fi32 1,900,897 77,735 d,1% 1,877,078 S.4Yr 4 Total pa6enUresWent revenue 56,277,238 56,371,853 (591,417) -7,5% 524,310,564 525,203,020 (5892,156) -3.5% 521,241,590 144% j bECOUnts 5 Governmental & Pdky Discount 2,824,788 2,756,031 88,757 2.5% 10,899,157 10,911,585 (12,134) -0.1°!. 8,748,857 24 B% 6 Free Care 0 4,187 (4,187) -100.0°/. 0 76,667 (18,887) -100.0% 0 CDN/01 7 Total de0uction from revenue 52,824,788 52,760,198 584,590 2.3% 510,899,151 510,928,252 (529,101) -100.1% 58,746,857 24,6% 8 Net patlenthe5i08nl revenue 53,452,448 53,611,455 (5759.007) ~.4% E13,a77,413 514,274,788 (5883,355) 43.0% 512,494,733 77% 9 Otlrer operating revenues 20,030 20,671 (641) -3.1% 73,fi31 82,506 (8,875) -10.8% 79,508 -7.4% 10 Net operatlng revenue 53,472,478 b3,832,128 (5159,648) ~.4% 513,485,044 511,357,274 (5872,230) ~.1% 512,574,241 7.2% ~. F 17 xrv^ a Salaries 57,570,453 51617,024 (5708,571) ~ 6% 56,040,733 58,473,986 (5393,873) 43.1 % 55,563,814 8,8% 12 Emplgee Benefits 319,743 413,467 (63,724) -15.1% 1 570,290 7 851,241 (120,851) -7.3% 1,382,717 10.7'/. 17 Pmfesslonal and Medical Fees 372,743 348,275 24,4811 7.0% 1,769,798 1,383,727 8,075 0.4% 1,350,878 2.9% 14 Utllitles, MU1ce Contrails 8 Repairs 120,786 164,858 (47,872) -28 B% 547,730 867,479 (125,748) -78,8°, 679,394 -15.3% 15 Food, Dng58 Supplies 144629 483,919 (39,890) -8.2% 1,644,088 1,775.757 (131,871) -7.4% 1,688,985 -2]% 76 Other expense 111,819 118,883 (8,074) 43.7% 133,651 d79,644 (45,983) -9.6% 365,111 18.8% 17 Minnesota Care 33,542 35,155 (1813) 4,6% 139,252 140,623 (1,371) -1.0% 106,138 3L2°k 18 Bad debt 78,441 75,476 3,985 5.3% 788,718 301,900 (113,182) -77.5% 218,636 -12.9°k 19 Interest 39,095 38,465 (370) -0 B% 158,966 159,973 (987) -0.6% 162,305 -2.7% 20 Depredation 152,683 750,692 1,871 1.3% 802985 603,510 (525) -0.t% 673,473 -17% 21 Total expenses 57 214,314 53,448,024 (5233,710) E.8% 512,869,607 513,597,774 (§828,187) -0.8 % 512,089 429 4.8 Excess of net operating revenue 22 over (under) operating expenses 5258,184 5184,102 574 082 40.2% 5815,437 5759,500 555,937 7 4% 5481,812 682% 23 Norwoeratirw Revenues Imestmenl Income 520,895 520,546 (37,551) -28.5% 584090 5114,188 (530,086) -28.4% 5220,400 -01.8% 24 Other norwperatlrg revenue (net) (62) 1063 (1,125) -105.8% 6,370 (4,246) 10,616 -250.0% (34,579) -118A% 25 Plaza 751r1come / (Loss) (2t 43) - (21,443) WIV/0~ 68 632 - 66,632 1'~DNf01 - pDNl01 26 Total norwperating revenue (f510) 529609 (530,119) -101 7% 5157 092 5108 840 547,152 42.9 % 5185,821 -15 5% 27 Net Income 5257,854 5213,711 b43,943 20.8% 5972,529 5869,440 5103,089 11.9°h f670,833 45.0% 28 Patient days 1108 95fi (148) -15.5% 3,278 3,906 (828) -18,1% 3,864 -10.5% 29 Resident days 3,437 3,597 (160) ~.4% 13,575 14,288 (771) -5.0% 14,018 -3.2% 30 Percent ocdlpartcy-txldgel beds-HOSpbel 44.9% 53.7°/, ~.2% -15.5% 45.5% 51.3% -8.7% -18,1% SO.B% -10.5% 31 Pensrll occuparxy-0udget beds-NUrsing HOme 97.1% 97,5% -0.3% ~.4% 920% 88.8% ~.8% -5.0% 95.0% -32% 32 FTE's 423,8 440.2 (16.3) J7% 427.7 440.2 (12.5) -2.B% 471.6 32% 33 Adrtllssi0n5 (ad~usled)-FbspllaloNy 607 SB3 14 2.3% 2.251 2,390 (139) -5.8% 2,772 B.fi% 31 Expenses (net) per admissbn (adjusted) -Hospital Doty 4,35a / 851 (498) -10.2% 4,614 4,735 (91) -1.9% 4.713 -1.5% 35 Revenue per admission (adjusted) - FioBpBal ony 8,424 9,865 (441) ~.5% 9,859 9,688 171 1.8% 8,117 8.1 ° r 38 Net Revenue per admission (adjusted) -Hospital Doty 4,830 5,231 (402) -7.7% 5,071 5,135 (l74) -7.3% 4,878 1.9 h J~ 37 DL9couMa asapdcenl of revenues 45.0X 43.3% 1.7% 3.8% 44,8% 43A% 1.5% 3.4% 112% 8.9% 38 FTFs per 700 admissions (adjusted) - HosplUl ony 4,7 4,5 -0.4 -0.9°h 4.5 4,5 0.0 0.5 % 4.8 -2.6% Y , 39 Days Vn Net Accounts Receivable 7L6 85.0 8.8 10.5% 88.2 8.5% C / r " 40 Case Mix -Home ony 282 2.64 0.18 8,8% 2.72 2.84 0 OB 3,0°/ 2 82 3.8 ° V" 41 Nursing FWurs /Standardized Day - Fbme Only 1.08 1.11 -0.O3 -2.B% 1.13 1,11 0.02 20% 1.13 0.2 ~ FINSTMNT Pam Larson C PUBLICATION NO. 6722 ORDINANCE NO. 02-314 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUTCHINSON FOR A PROPERTY TO BE REZONED FROM R3 TO PDD #02-O1 THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: • ~J The following described real property is hereby rezoned from R3 (Medium Density Residential) to PDD #02- 01 (Planned Development District) as requested by Bruce Naustdal, developer: LEGAL DESCRIPTION: Lot 1 Block 2, Ravenwood, McLeod County, Minnesota Adopted by the City Council this 28's day of May, 2002. ATTEST: Gary D. Plotz City Administrator Marl' D. Tor ers Mayor ~l.D, r~ • Ordinance No. 02-315 Publication No. fi742 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING THE COFFEE COMPANY THE RIGHT TO PROVIDE A SIDEWALK CAF>; OVER AND ABOVE CERTAIN PROPERTY LOCATED IN PUBLIC RIGHT OF WAY ON 18 MAIN STREET THE CITY OF HUTCHINSON ORDAINS: Section I . The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafrer referred to as Grantor, hereby grants the Coffee Company, hereafrer referred to as Grantee, a franchise to operate and maintain a Sidewalk Cafes for the purpose of food sales as described in Exhibit A, on certain property owned by the City of Hutchinson, described as follows: The right of way adjacent to the South 4 Feet of Lot 2 and the North 1/3 of Lot 3, South half of the City of Hutchinson. Section 2. The franchise is granted for a term of three (3) years commencing on the date of the acceptance of the franchise. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten {]0) days after the effective date of this ordinance. The franchise; shoal become effective only when the acceptance has been filed and evidence of general comprehensivE attd liability insurance provided for in this grant of franchise has been filed and approved. in addition, a filing fee of X50 must be paid. Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned • and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or azising out of the exercise of any right or privilege under the franchise. Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that aze installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 7. In the event that the Coffee Company should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 8. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by the Coffee Company. • ~1 ~h~ r Adopted by the City Council, this day of , 2002. Mayor Attest: City Administrator Published in the Hutchinson Leader on _ First Reading: • • Second Reading:. y~b~ Ordinance No. 02-316 AN ORDINANCE CREATING SECTION 10.051 RELATING TO FIREWORKS PERMITTED WITHIN THE CITY LIMITS SEC. 10.051 PERMITTED FII2EWORKS. Subd.l Definitions: A. "Fireworks" -For the purposes of this section, "fireworks" will have the same definition as contained in Minnesota Statute Section 624.20 Subd. 1 (c) or any superceding statute. Subd. 2 Permit Required. No person shall sell or possess for sale fireworks without first having obtained an annual permit from the City. A. The application for the pemvt for the manufacturing, storage for commercial purposes and sale of fireworks shall be made to the Fire Chief a minimum of fifteen (15) days prior to operating. B. Permits shall be issued for a period of one calendaz yeaz. • C. Prior to processing the application, a criminal records check must be conducted. Neither the applicant nor the responsible party for the pemut shall have been convicted of a felony or a fire/fireworks-related misdemeanor within the last three (3) years. D. Prior to processing the application, the Fire Chief shall determine that the proposed location is code compliant. E. The application shall include a letter from the person legally responsible for the property on which the fireworks related activity will occur. Such letter shall grant permission to the applicant for the use of said property. Subd. 3 Sales and Storage of Fireworks. A. No person shall sell or store fireworks within 100 feet of any fuel dispensing appazatus. B. It shall be unlawful for any seller of any fireworks to permit smoking at any site containing fireworks. "No Smoking" signs must be conspicuously posted and approved fire extinguishers must be available for use. • y~b~3 • C. In buildings that do not have an automated sprinkling system, retail sales displays of fireworks shall be limited to a gross weight of 400 pounds of fireworks. In buildings that do contain an automated sprinkling system, retail sales displays shall be limited to a gross weight of 800 pounds of fireworks. D. The requirements of this ordinance aze in addition to any requirements imposed by any building and zoning regulations, fire codes or state law. E. Only persons 18 years of age or older may purchase fireworks and the age of the purchaser must be verified by photographic identification. F. No exterior storage, display, sales or transient sales of fireworks are permitted. No manufacturing, sales or storage for commercial purposes shall occur on residentially zoned property or properties used for educational purposes or assemblies. G. A list of all consumer fireworks displayed and stored on the property shall be available at all times. The list shall document the name, weight and quantity of the fireworks and be accompanied by • the material safety data sheets. H. Manufacturing, wazehouse buildings, or display in excess of the quantities listed in (C) for retail consumer fireworks shall be classified as an H occupancy and protected similarly to explosives and aerosols. I. A handout describing fireworks shall be provided to each consumer purchasing fireworks. Subd. 4 Use and Possession. A. It is unlawful to use, fire or dischazge any fireworks along the route of and during any pazade, in any place of public assembly, on any public property or in any commerciaUindustrial zoning district. B. It is unlawful at any time to throw, toss or aim any fireworks at any person, animal, vehicle or other thing or object or used in any manner that may threaten or cause possible harm to life or property. C. The dischazge of fireworks shall be prohibited inside a building • and within fifteen (15) feet of any building. y~h~3 D. The Fire Chief may ban fireworks if dry or windy conditions occur. E. Juveniles may not possess fireworks unless under the direct supervision of a responsible adult. F. Fireworks may not be dischazged in such a manner that may create a nuisance nor between the hours of 10:00 p.m. to 7:00 a.m. Subd. S Penalties A. Materials which violate and/or pose a threat to public safety may be confiscated and destroyed. Costs associated with disposal shall be assessed back to the property owner or permit holder. B. Violations of this regulation, city ordinance or state statute may result in revocation of the permit. C. Violations of these fire rules aze misdemeanor offenses punishable by fines up to $1000 and/or 90 days in jail. • Adopted by the City Council this day of 2002. Attest: Gary D. Plotz, City Administrator Mazlin Torgerson, Mayor ~ ~~3 Office of the City Attorney • rll Hacsen Street SE rru[thin5on, MN 55350.2522 320.587-5151/Fax 320-2344240 TO: Mayor & City Council FROM: Marc Sebora, City Attomey i'~~~ DATE: June 7, 2002 SUBJECT: Fireworks Ordinance Although Ordinance No. 02-316, an ordinance pertaining to fireworks permitted within the city limits, will be considered for adoption at the June 11`s City Council meeting I do want to make you aware of an opposition to some of the regulations included in this ordinance. Included in this section are the following appendices: A. A letter from Attorney Mazk W. Peterson, representing TNT Fireworks, a lazge wholesale distributor of fireworks . B. A response letter from Hutchinson City Attorney to Mazk W. Peterson C. A copy of the amendments being considered to the City of Bloomington's Business Licensing and Regulations ordinance D. Sections of the 2000 Fireworks Annual Report E. Information from State Fire Mazshal's Division F. Fireworks Fact Sheet G. Proposed Fireworks Sales and/or Storage Application The individuals involved in the creation of this ordinance will be in attendance at the meeting in order to address any questions or concern you may have. n Primed on recycled p¢per - uLb~3 06/05!2002 13:04 9528362785 '= ~* Mark W. Peterson • & Associates Legal Advice, Advocacy and Counseling MARK W PETERSON PAGE 01 150 Edina Executive Plaza 5200 Willson Road Edina, Minnesota 550.24 1952) 836-2775 (952) 836-2785 (fax) markwpeterson®isd.net June 5, 2002 Marc A. Sebora, Esq. Hutchinson City Attorney City Center 111 Hassan St. S.E. Hutchinson, MN 55350-2522 Via Facsimile and U.S.Mail 320 234 4240 RE: American Promotional Events, Inc., d/b/a/ TNT Fireworks pear Mr. Sebora: I represent TNT Fireworks, which wants to sell novelty fireworks to retailers in your city after obtaining the necessary permit. The purpose of this letter is to identify certain provisions of your ordinance which we believe to be problematic, and to suggest that they be modified either in scope or application in order to ensure reasonable enforcement. By way of background, my client has been in the fireworks business for over 50 years and is the largest wholesale distributor offireworks in the United States. As you might expect, its client list is extensive and includes a large number of well-known stores, including local merchants such as Sam's Club, Costco, K-Mart, Target, Wal*Mart, Cub, Super Value and Walgreen's. TNT is actively involved in promoting the safe and sane use offireworks of all classes. Its Safety and Education program is promoted nationally and has been recognized by various state officials for its quality and impact. In addition to safety, TNT is committed to maintaining high ethical standards and full compliance with the ]aw_ As you are aware, the legislature has amended Minn. Stat. 624.20 and subd. 1(c) now excludes sparklers, snakes, glow worms, poppers and other types of novelty fireworks from the proscription against fireworks. Your ordinance was obviously enacted indirect response to this .amendment. Although my client does not object to proper regulation of the novelty fireworks which they propose to sell, they do feel that the ordinance, in its present form, is unduly burdensome and in some instances, unnecessary. Advice Intervention Mediation Advocacy Mentoring Referral Admitted In Mlnttesota end Wtacons~n Cnminal Tna] 9pectallst - NaUOnal Board or Trial Advocacy MlnneapoHs OfOce- Suite 900. 520 Marquette Avenue South, Mlnneapolle. MN 55402 16121 349-5202 RP ~a,x ~ ylh~3 - ,5/2002 13:04 9528362785 MPRK W PETERSON rcwt We are also concerned that entities such as my client were not given the opportunity to provide input to the city council before the ordinance was enacted. Although we assume that the city complied with applicable notice requirements, it appears that there was no opportunity for proponents are novelty fireworks to supply information relevant to proper regulation of the sale of this type of product. Set forth below are the specific concerns which we have with the ordinance. 1) In the first year of operation, it seems unfair to require a minimum 15 day waiting period between application and permitted sale. Given commercial wnsiderations and the proximity of the Fourth of July, time is of the essence. 2) Requiting a criminal history check of stores such as those which are customers of my client seems unnecessary. 3) The prohibition on external sales (for instance, a tent sale) is unnecessary. The concern over transient sales is certainly understandable, but the requirement of a permit and criminal penalties for selling without a permit are certainly sufficient. Further, this type of sale has often been operated for the bene5t of non-pro5t organizations, and it seems contrary to public policy to prevent that from occurring. 4) Limitations on the amount of product which can be displayed seem to be totally azbitrary, not based upon any demonstrable risk, unnecessary given the safety precautions which are otherwise required and ineffectual where there are no limits on the amount which can be stored. As a practical matter, amount of product will be self-regulating because of limitations on storage capacity in the stores themselves. Once you have had the opportunity to discuss our concems with involved officials, please contact me so that we can attempt to reach agreement with the necessity of formal proceedings. Given the time of year, time is de£trtitely of the essence. Thank you for your time and consideration. c.c TNT Fireworks (via facsimile) o~ Sincerely yours, i l ~'~/%L IvTark W. Peterson MARK W. PETERSON LAW OFFICE ~ ~,~.~r~d-~ h y fib) 3 Office of the City Attorney LJ June 7, 2002 111 Hassan Street SE Hutchinson, MN x5350.2522 320-587-515]/Fax 320-234-4240 Mark W. Peterson Mark W. Peterson & Associates 150 Edina Executive Plaza 5200 Willson Road Edina, MN 55424 Re: TNT Fireworks Dear Mr. Peterson: Via Fax and US Mail I have received your letters of June 5`h & 6a' respectively. While I appreciate your input and your advocacy of your client's interests, it is my opinion that the proposed fireworks ordinance is, when viewed in relation to the competing interests involved, reasonable. While the Legislature legalized some forms of fireworks in April, regulation of the time, place and manner of sales and storage of these items have been reserved for local units of government. The Hutchinson ordinance is the result of several meetings of our building, fire and police officials and allows for the safe use of these products. The licensing requirements, waiting periods and product storage requirements will ensure these products are reintroduced into the marketplace in a responsible fashion. I appreciate the importance of sales to your client for this Fourth of July, but the statute allows for year-round sales and hopefully there will be many, many more Independence Days. A short delay to properly prepare for the sale of these items should be viewed as a minor inconvenience. Our ordinance is set for a second reading and adoption at our next City Council meeting at 5:30 p.m. on June 11, 2002, at the Hutchinson City Center. If you would like, you are invited to attend and express your client's position. Sincerely, Marc A. Sebora Hutchinson City Attorney MAS/ s~ Pnmcd on recycled~pape`r'- ~ r~GL~X ~1~~3 arty retve - rewor smem tx age Memorandum DATE: June 3, 2002 TO: Mayor, and City Councilmembers cc: City Manager, City Attorney FROM: Sandra Johnson -Legal RE: Fireworks -Sale and Use Backarouud: Cm April 30, 2002, the Minnesota legislature enacted an amendment to Minn. Stat. §624.20, subd. 1, removing a category of non-aerial, non-explosive fireworks from its definition of prohibited fireworks. This legislation took many cities by surprise in that it became effective the day following enactment. Bloomington City Code Section 12.03 (6) provides only that fireworks must be used in accordance with state law and the City Code. Hence, as a result of this change in state law, the use and sale of this type of consumer fireworks became permitted without limitation, except that they cannot be sold to minors or used on public property. Issue: The concerns of City staff include: l .) the increased fire hazard posed by these combustible pyrotechnic devices when they aze stored in bulk for sale; 2.) the traffic interference, site security, public safety risk and negative impact on adjoining properties resulting from temporary sales structures; 3.) [he safety and security risk posed to private property and the persons thereon resulting from unrestricted use of these fireworks, particularly where the property is used as a public accommodation. Analvsis• The City is without legal authority to prohibit the items now permitted by state law. Unless the statute expressly gives local government [hat power, as in the case of drug paraphernalia, cities cannot prohibit what the state law allows. Altenberg v. Board of Supervisors ofPleasanl Mound Township, 615 N. W.2d 874 (Minn.App. 2000), citing Mangold Midwest Co. v. Vilfage of Richfield, 143 N.W.2d 813, 816-17 (Minn. ]966). However, local government has authority to impose time, place and manner restrictions on the sale, storage, use and location of these items.' By requiring a license to sell permitted consumer fireworks, the City can make certain that these combustible materials are stored, displayed and kept in a manner that protects the public safety. Cities may also impose certain azea restrictions ' Minn. Dept of Public Safety, State Fire Marshal Division, Fireworks Facr Sheaf, April 30, 2002, indicates that while the state has no permitting or licensing process by which m regulate these items, local government is allowed to regula[c them through business licensing or caning restrictions. ~P~ex\d~k C. ~~,3 on use that compliment the state statute. Finally, the Fire Marshal has authority to impose use, quantity and storage restrictions.' The City Fire Marshal has indicated that: • These unregulated consumer fireworks pose a fire safety hazard that is compounded when accumulations of [hem are stored or displayed for sale. The State Fire Marshal agrees with this assessment in FAQfor Enforcers, supra, stating that the introduction of these unregulated hazards into retail setting is indeed a cause for concern. •' Fire Prevention must monitor the manner in which these combustible, pyrotechnic chemical compounds are stored and displayed to minimize the fire safety hazard they present. • Sampling and testing of the merchandise offered for sale is essential to monitor these businesses for compliance with state law. Nationally, it is common for the retailer to offer for sale items exceeding legal limitations because it is difficult for the retailer to ascertain the chemical content of the merchandise. • It is also important for the City to have current, accurate information on the location of these accumulations of fireworks to be able to respond to fire emergencies in or around that location. • It is necessary for police to monitor these establishments for compliance with the age restriction on sales. The Planning Division, Licensing Division and Police Department have indieated that sales from temporary roadside stands or from transient merchants pose the following problems: • Trnffic flow is impeded by such non-permanent places of business. Without adequate parking facilities, illegal parking on adjoining properties is likely to occur. • Temporary places of business lack the security features of permanent structures and are more susceptible to theft. These combustible materials taken in quantity can facilitate vandalism. • Temporary stands of this sort have inherent nuisance characteristics negatively impacting the quiet enjoyment of neighboring properties. • [t is difficult to conduct compliance checks where the licensee has a mobile place of business. • At the close of the peak sales season, when temporary fireworks merchants pull up stakes, it is common for them to abandon their unsold or damaged merchandise at the site creating an environmental hazard. The amendments proposed to Chapter 14, Business Licenses and Regulations are tailored to address the safety hazard posed by the sale of fireworks. The amendments to Chapter 12, Public Nuisances, address the safety hazard posed by improper use of these items. ' The State Fire Marshal's FAQ jor Filjorcers, April 30, 2002, anticipates that cities will regulate use end possession, sales locations, quantities for sale, and unpose their own fue safety measures for retail sales outlets. The Minnesota Uniform F'uc Code does not currently address the hazard posed by these items. The State Fve Marshal states that local officials have authority to impose other standards to mitigate the hazard, including, but rwt limited to the NFPA 1124, dte supplement [o the UFC, & APA Standard 87-1. yl~~ Chapter 14 Amendments - Licensin¢ & Inspections A. License Requirements: The proposed amendments to Chapter 14 will require anyone keeping for sale, selling or otherwise furnishing as part of a commercial transaction any of these now permitted fireworks [o obtain a City issued license. This will include established retailers where fireworks sales constitute but a small portion of [heir business' A sepazate license will be required for each separate, non-contiguous licensed premises, even where the same licensee operates several outlets. The information provided on the license application allows the City to enforce its regulations by both license sanctions and criminal prosecutions where appropriate. It also allows the City to develop appropriate emergency response protocols to these locations. The issuance of the license would be administrative, requiring the approval of the Licensing Division and City Fire Prevention Division, but not City Council approval. In addition, the licensing process will: l . Require the written approval of the City's Fire Prevention Division on the site plan for the proposed sales display and storage areas and any alterations thereto. 2. Require proof of liability insurance in the amount of $200,000 per claim and $500,000 per incident, as is required of other licensed activities posing a cleaz public safety risk' 3. Prohibit sales from anon-permanent place of business and transient merchant sales. 4. Prohibit transfer of the license to another person or location. 5. Require that where the applicant does not own the real property on which the business premises is located that there is a written lease of at least 6 months duration, as well as the written authorisation of the property owner allowing use of the property for the sale of permitted consumer fireworks. B. Inspections: The ordinance provides for compliance checks relating to the following: 1. The prohibition on sales to minors, obviously drunk or chemically impaired persons. 2. The proper maintenance of the licensed premises in compliance with the approved manner of storage and display areas. 3. The limitations set out in state law as to the chemical content of the inventory. The ordinance allows Fire Prevention to obtain samples for testing where there is uncertainty. 4. The proper disposal of any unsold or unfit product at the cost of the licensee. 5. The prior licensee's duty to obtain the written approval of Fire Prevention for any deviation or alteration of the sales, display or storage areas during the term of the license. C. License Fee: The license fee is based upon a conservative estimate of the City's anticipated costs of 'Currently [he City requires a product specific license to sell for: tobacw products (14.438), lawn herbicides (14.252), precious metals (14.537), end 3.2 malt beverages (13.02). ' Currently the City requires insurance or a bond for the following activities with identifiable safety risks: Heating contractors (14.202); Installers of gas (]4.216); Installers of Petroleum Tanks (14.231); Temporary Massage Therapists (14.273); Tattoo establishments (14.388). ~'~Q,w-~x C, y15~3 administering this license. Because of the need to inspect and approve the initial site plan for the storage, display and sale of these highly combustible items and the need to inspect the sites on a regulaz basis for compliance with the approved plan, as well as the limitations imposed by state law on permitted consumer fireworks, staff estimated that the Fire Marshal would be required to invest approximately 12 hours per year monitoring the licensed establishment. In addition, the police department will have to conduct compliance checks to verify that the age restrictions on the sales of these items imposed by state law are being complied with. City staff estimated that ] hour of police time would be invested in each licensee. Finally, the Licensing Division anticipates investing 1 '/. hours per licensee. This breaks down, as follows: Fire Marshall: Initial review, approval, sampling and testing 10 site inspections $396 Police: Compliance check S 33 Licensing: License staff: process, issue $ 16 License Examiner: review submission $ 33 Total: $'t7g• City staff will continue to monitor its costs of administering this license. Should those costs prove to be less than what is currently estimated, staff will recommend amendment of the ordinance next year to appropriately reduce the fee. Chanter 12 -Use Restrictions State law only prohibits use on "public property". The state law does not define what constitutes 'public property'. These amendmenu fill in the gaps left by the new state law, as follows: 1. Public property is defined to include, without limitation, government owned recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths, sidewalks, rights of way, lakes, rivers, waterways and the area on, below, above, within or in close proximity thereto. 2. Use is restricted on private property posted to prohibit fireworks discharge. Without this provision, the property owner could only trespass the fireworks user. This change allows police to issue citations for fireworks discharge in violation of the posted prohibition. 3. Use is prohibited within 300 feet of any consumer fireworks retail sales or storage facility that is posted to prohibit fireworks discharge. This is a particularly dangerous activity and licensees will be encouraged to post their property as part of their approved site plan. u .~ 4. Any other use in an area that because of its setting or physical condition presents an obvious fire hazard or personal safety hazard is prohibited. 5. All other use must be conducted so as to minimize the risk of fire or injury. Potential Future Reeulations City staff will be studying the need to limit the areas where the sale of fireworks will be permitted. Currently any retail location can be licensed for this activity. Review will be of the compatibility of this use with other permitted adjacent uses, such as daycare centers and office buildings. ~PP~x c ~~~ 3 I ORDINANCE NO. 2002-_ AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE AS IT RELATES TO PUBLIC NUISANCES The City Councl of the Cily of Bloomington hereby ordains: Section 1. That Chapter 12 of the City Code is hereby amended to read as follows: CHAPTER 12 PUBLIC PEACE AND SAFETY ARTICLE II. PROHIBITED CONDUCT Division A Public Nuisances SEC. 12.06.01. RESTRICTIONS ON THE DISCHARGE OF FIREWORKS. Passed and adopted this _ day of June, 2002. Mayor ATTEST: Secretary to the Council APPROVED: City Attorney ~PP~x C_ y ~b~,3 (4) Any property area structure or macenai mac Dv as pnysuai conomu~ ~ u ~ ~r ^~~~sipl conditions in which it is set would constitute a fire or personal safety hazard. ~(~ ~ ~w~,~~v °'~,c o s,tr Provided by the MINNESOTA LEGISLATIVE REFERENCE LIBRARY (651) 296-3398 '.`~"9 Fireworks-Related Deaths, Emergency Department Treated Injuries, and Enforcement Activities During 2000 Michael A. Greene Division of Hazard Analysis Directorate for Epidemiology U.S. Consumer Product Safety Commission Patrick M. Race Office of Compliance U.S. Consumer Product Safety Commission ~PpQ~d~~x ~ ?~ U~b~3 z, x ~~ died three days later. man was bent over lighting the last of the fireworks. He was struck in the head and • A 6 year old Arkansas female placed a lit bottle rocket in her mouth on June 28. The rocket exploded causing damage to her esophagus. She died 43 days later from multi-system organ failure due to the esophageal injury. According to the National Fire Protection Association (Hall, 2001), US death certificates show an average of 6.5 deaths per year from fireworks incidents between 1980 and 1997. National Injury Estimates for 2000 and Comparison with Prior Years Table 1 and Figure 1 present the estimated number of fireworks-related injuries for 1988 through 2000 that were treated in U. S. hospital emergency departments atmually. Table 1 Estimated Fireworks-Related Injuries 1988-1999 Yeaz Estimated Injuries ~, J 2000 11,000 1999 8,500 1998 8,500 1997 8,300 1996 7,300 1495 10,900 1994 12,500 1993 12,000 1992 12,500 1991 10,900 1990 12,000 1989 4'~ 1988 10,100 Source: NEISS, U. S. Consumer Product Safety Commission/EPHA. Estimates for 1988-1996 was revised [o adjust for the cew sampling frame and do not match values published in reports for 1997 or earlia. Injury estimates rounded to nearest 100 injuries. Cases was weighted by the tdEISS sampling weights. -3- J~P~~-t1si.~x -~- `1 ~b~3 /l~~ 1 Fireworla~ Types and Injury Dispositions Table 3 shows the number of injuries by fireworks type. Table 3 Estimated Fireworks-Related Injuries By Type of Firework June 23-July 23, 2000 Fireworks Type Estimated in)unes Total 6,600 Firecrackers 1,600 Small 600 Illegal 200 Unspecified Firecrackers 700 Rockets 1,300 Bottle Rockets 900 Other, Unspecified 400 Other Consumer Devices 2,200 Sparklers 1'200 Fountains 100 Novelties 200 Multiple Tube and Shell 100 Reloadable Shells 300 Roman Candles 400 Homemade/Altered 1 ~ Public Display 200 Unspecified Fireworks 1,200 Source: NEISS, U. S. Consumer Product Safely Commission/EPHA. Based on 183 reported emetg~Y department visits between June 23, 2000 and July 23, 2000. See notes for table 1. Totals may not add due to rormding. Estimates rounded to neatest 100 injuries. _[~ ~~u_r~d~y. ~ L1L~3 I'lIV JIPtIC f 11\L 1'll"IhJl ll'6.- 1 QJ.'V1L L1J VJ41 1'IQI 1V VL 1Y•JU I VL O O O O O O O 0n O m Q °~ mt7 ~a ~ O n N Q 1 p v ~N N r r ~ M N ~ ~ O 4 9 i O 0 ~I ~ ' ^ ~ ~ r CD <O m C N .- tp ~'i N ~ `T j+f~~4~ ~ roi 1 ., ~'~ d0 ~'x0 'c 'ro "'~ ~ ' ~'4` ` `e' 0 o e o 0 o a p o 0 0 m m t0 f0 0 0 0 0 ~ o ( wCryry u ~ q q ; 8 ~ ")}R-}Tk t~ ~ b)~ ~ ~ ~ o e~ N ~ 0 ip ['J T}17 ^~1 `6A ~-~',^ - '1~ ~' '~ . . • ~ ,~,,1 > : ~ .:: ~9 N 3kI m T m N N N ~ N ,^.., !q ~I i ~ I r x ~" ; uh,. h .~ ~ . .. 0 0 o e o o ~ o o ~" ~ b N .~.>>~~ C~ ~ M r r O O h f~ Ol O ~ N O N N pt ey r V °i ~ ~ ~ ~ ~ E T 0 0 o e o 0 0 'o`Q o O C R tp O (O Ot N ~ mNmv mP N 8 n N w oti_mOMi 1°n~Q '~ ® c i N ' m r m N W R O m r N ~ <F 69 (A C~ E9 C yx{ m m N If1 N r , :~ •h o y~ Z N T L d O o e o 0 0 I 0 ~ ~ '= C tl7 R1 0 (O h. tt ~ N ~~ ~N N mM O h N o m M H b N~ ~ " m ~ O i l ~ C ~) ' a m r m ~ Iri ~o of m ~ ~ tfi m t~ r r N "o- m m rn ~a cA rn ~ to E ~ •- r~i N 3 ~ ` a - ~' O y ~ " = N ~ W '\ \ \ ~ \ .`p 0 o e o 0 o ^e p ~ eo ~ m ~ t0 CP 'C' '`~ tf V N p b m N h. 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N ~> ~ m r _ y y ~ QI ~ l V N .G ~ `q' d N p O C .~? y0 O " yi V m r N C'7 ab US Of J ..I C~ C of U~ O U O O N 0~~ T ti Q N a p N H d w°~Nr~i~a m Ec~' V.. --=ioom , wo~ E u~i Q >oOOO e+ n m ~ ~ p-g~ c ~'o°Q ~ ro~¢ o c c ~ 4 F- . ~ +- . °a t- +- v ~ o o ~G r 04-16-02 08:12a~ r~.:e... TIM fAfiMSR 1115E Rob.ea dM COd! RMIDi, MN SSg9 JGFF.MlTUN6N 33 6a Niy..y~ B7 i9K0. NN 33719 G~nrrt Beaty W P..~~ JEFF SNINIlON. Clirf 0.!M WN Fin lbpMmeM 2BT1{ {tmmrn Rom p~vai lnhw, MN 55601 April 18, 2002 Froo-CITY OF COOM RAPIDS ENG-PLARINSP +7637676573 T-251 P.OI/01 F-5I2 rdn.. w....eu r+. awl ` ANN wu~aq \\\I 12tl2 Bon,won lrb RoW Merrilrb, MN EEUEG i,.ae.+ D:.m JAM65 K. ~FJA 10589 fq. +disn dives Sole,l lp.Yyr, wl SM7J 1•~0>YMa011 We Oppose SF 2960 The members of the Minnesota State Fire Chiefs Association stand with other fire service organizations, as wcll as medical professionals, law entbrcement associations, child safety organizations and many others statewide in opposition to Legalizing consumer fireworks. . Although people :Ire saying this only legalizes sparklers and other novelty items, the bill's language clearly Illlows much more. Sparklers (with a sustained burn time at over 1400° F.) and other "novelties" in the hands of children will lead to fires and burn injuries. The fire service has worked very hard to prevent injuries and proprrty damage through educational programs. The fireworks industry's contention that legalizing tinworks will make Minnesota safer is absolutely ridiculous. Please vote against this legislation. ~ ~ ( '' ~~ T Timothy E. Farmer, President Minnesota State Fire Chiefs Association PROVIDIPhi VISION, LEAD ERSFi{P i DIRECTION FOR THE FIRE SERVICE OF MINNESOTA '~'~ R~w~t~.~-~ ~ y~ • ~a.~ State Fire Marshal Division 9~ 44A Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651!215-0500 FAX: 65112 1 5-05 2 5 TTY: 651!282/6555 ~ ~, Internet: http:!lwww.dps.state.mn.us 4 Frequently Asked Questions on Enforcement Of the MUFC as It Relates to Fireworks axa~ a April 30, 2002 ccaaw~u e~r~.m.~r Although anew law changes the definiti on of fireworks in Minn. Stet ,~ 624.20(c), it does nothing to change enforcement of the Minnesota apor.n.~.wn Undortn Fire Code (MUFC) as it relates to these legal consumer fireworks. As a service to the Minnes ota Fire Service, the State Fire ~~ ~~ Marshal Division has assembled this list of frequentty asked questions crM• v~ relating to fireworks antl the MUFC. This anetysis was done in response s•""°` to a request by the Minnesota State Fire Chief's Assodation. The SFMD aw.r a vwa• does cwt recommend or approve any partiwlar scenario or enforcement s•^"°` strategy, but is providing this infortnatlon to encourage a thorough ei,,,,p,,,~, understanding of the material and options available. Mrr•p•msM ~0°"`~' ~uestlon 7 - Aie lo,Cal ~1risAkUoiN allow ed b ~dopf fe9ulrslrieitb f Rupms• ttiet: elcteed ffie fire Code ". et K relale8 , b NsYV ortte? ' Cwrmbtlm ~°`• Fl1° Answ er to queetlon S;+tla'aa,{tltis has ahvays been available to local wrncl r R4.1n• swb jurisdictions and is permitted in Minn. Rules 299F.011, Subd. 4. For example, a city or town could adopt a bcal ordinance relating to the lime s"• R.va of year for sale, use and possession, or could Ilmit where fireworks are rn~ s.mr saki. This could take the forth of limits on the quantities for sale, what fire safety measures must be provided for retail sales outlets or similar requlremenls. Reference for quaetion 1: 299F.011 lJntrorn fire code; adoption. Subd. 4. Applkability; bcel authority. The uniform fire code shall be applicable throughout the state end in all polltlcal subdNlsbns and munldpellties therein. Flowever, nothing In this subdlvislon shall prohibit a local unit of govemmenl othenvlae 6ulhorized by law from adoptlng or enforcing any ordinance or reguletlon which specifies YeA°Je-^K' requiremarrts equal to, In addfllan to, or more stringent than the '~ requlremeMS of the uniform fire code. Any ordinance or raguletlon ~.>- adopted by a local unR whiU differs from the urNorm fire code must be ,. dlredty relaletl to the safeguerding of life end properly from tlta hazards of fire, must be uniform for each class or kind of building covered, and may not exceed the applicable requirements of the uniform bulMirg code adopted pursuant to sections 1f3B.59 to 1BB.73. State Fee March el FAQ far Enlarce re Alai 30, 2002 Ptye 1 of 5 ww.v.fre.slet e.mn.us ~uectionc: flrecode~slele.mn.ue • ~P~-~-X ~ ~~ -'l~-~ u t~restidn 2t- Retell sale of consumer fireworks is not directly addressed in the MUFC, thus would it be appropria to to reference an NFPA or other standard for fire safety requirements for retail sale? Answer to question 2 -1~lia>iince the fire code has language to allow a code official to deal with hazards that arise and are not specifically addressed in the MUFC. The fire code wrrentry regulates the storage of high hazard commodities in retail settings (group A plastic or flammable liquids, for exempla), so the introduction oT unregulated hazards is taus a for concern. Since retail sale of fireworks is not addressed by the MUFC --.code:s+.ffida4s~-are~el7thor~ed 'tobit(nrcef otheF standards to mitgate-the. hez 8rd endcoul8'"md~de~NFPA -1'124, the supplement to the UFC, APA Standard 87-1, or other documents as possible choices. Reference for question 2: MUFC 101.3 Subjects Not Spedfically Regulated by this Cade. Where no applicable standards or requirements era set forth In thts code, a contained within other laws, codes, regulatlons, ordinances or bylaws adopted by the jurisdiction, compNarrce with applicable standards of dre Natbnel Flre Pmtaclbn Assodatlon or other nali0nely recognized firesatety standards as ere approved shah re deemed as prima face evidence of compliance wkh the Intern of Ihls code. See also SeGbn 8001.2. Nothing herein shall derogate from the power of the ctriaf to delermine compliance with codes or standards for those activities or itslallatlons wthin the chiefs Judadictbn~ or resporrslblliry. ;Qlrsdtbd.'b a Can local Jurisdictions require a permit for flrew orks retell -sale or storage, Just as they do for trazardoua materials or high piled storage? Answer to question 3 She MUFC currently allows for permits to be obtained for fireworks end akhough not specfic, gttactwkl- kK;hlde :reted.~ala.or f storage;-oparehohs; 'for eitanlpbl In setting up a permit system, a community dould establish the levels for the pertnk and any fire safety requirements necessary to operate within the pertnk, just as is done with other permits. Since there is not specific language in tl1e MUFC dealing with retail sale of fireworks. `$'; cpnpa{rterl.. sarxnurlky could. erdoroe cosstpkense wltli spine - miri'rntim ~ lade! of - ; safet~.`t(tFough the perrtiU process.{i.e. retail sale must roast NFPA 7124 or the -,UFC-.lggpplemerd,--., for.Bxampb~:''.- s Reference for questlon 3: MUFC Section 105.8 f.2 Pape 2 of 5 Sbte Fire Marsh •I FAD for Enforce re AprN 00, 2002 ~uesdora: firecode~stete.mn.us wxw.are.slat e.mn.us y~b~ question l4 +- Can a code official requi re additional fire protection systems in retail sales occupancies selling or storing firew orka or In warehouses with fireworks storage? Armw er to queston g~,Xea.l When a code offdal has determined that a spedal hazard exists in addition to the normal hazard of an ocwpancy, additional safeguards can be required. An exempla yrould be the addition of fireworks to a large storage warehouse where the sprinkle r system is designed to proted class I - IV commodities and the code offidal is concerned about the added hazard and the ability of the sprinkler system to proted the new hazard. Reference for question 4: MUFC 1001.9 Spedal Hazards. For ocwpandes of an espedalty hazardous nature or where spectal hazards exist In atldltlon to the noanel hazard or iha ocwpanq, or where access for fire apparatus is unduly tllffiwtt, the chief is authodzed to require addttional safeguards cerelsfirg o1 addllional fire appliance untts, more than one type or appliance, or spacial systems suitable for the protection of the hazard involved. Suds devices or appliances can consist of automatic fire elann systems, automatic sprinkler or water spray system s, slentlpipe end hose, fixetl or ponable fire extlngulshere, sutteble fire bWnkets, breathing apparatus, manual or automatic covers, carbon dioxide, loam, hebgenated or dry chemical or other spedal fire-e~dlrguishing systems. tMrere such systems ere provided. Ihey she II be designed and installed In accordance wtth the applicable • ";171kia4ton"'6-Can a coda official Ilmit smoking In retell sales buildings, warehouses or teMa containing firew orksT Answer to question ~711$t`7a. r0 the chief determines that amdcing constitutes a Tire hazard, the chief is authorized by the MUFC to prohibit smoking in such areas. Reference for gtwstlon 5: MUFC 1109.4.1 Designated areas. When ins chief determines Nat smoking constitutes afire hazard In any areas of piers, wharves, warehouses, stores, Industdal plants, Instttullons, schools, places of essemby and in open spaces where combustlble metedels are stored or handled, the chief Is authorized to order the owner a ocwpam to post approved NO SMOKING signs in each building, structure, room or place in which smoking Is prohlbtted. Such signs shag be censpkxrously and sullaby locatetl and shall be malnteined. 'Mien necessary, the chief d authorized to designate spedfic safe locatbns in any [wilding, structure or place where smoking le ellowetl. State Flro Marsh el FAQ for Enforce ro AprX 30, 2002 Page 3 of 5 wew.llro.stat e.mn.us !]uestiona: firecode~atatemn.us 1 P P.~x E yU~~3 -Qoeatlon B - Can a code official preven t flrewarka from being used near tents or road side atands7 Answ er to question 8:.-Yes -for sWctures falling under the requirements of ,r`32 (TBmporary tents and membr one sWdures greater than 200 square feet in area), the MUFC prohibits fireworks use and open flames inside or adjacent to the sWcture. Reference for question 6: MUFC 3215.2 Fireworks, Open Flames antl Hot Objects. Fireworks, open flames aM tlevices capable: of igniting wmbusfible materials shell not be rtsetl in or adjacent to a temporary membrane structure, lent or canopy. unless otherwise approved. f3ussUon. 7 - D~ea Article 77 (Exposives) of the MUFC apply to the manufacture, storage and transportation offlrew orka7 Answer to question ~,t~Yes,jArtide 77 (Explosives) of the MUFC applies to manufacture, storge ard'tiansportetion of fireworks. There is an exception on t e app ice ion o rtlc a or t e sa e, possession or use of fireworks, so this leaves manufacture, storage and Vansporta bon open to enforcement of Artde 77. As such, the quantity limits, separeti on distances, storage practices etc. of Article 77 ceuld be enforced where manuf allure, storage and transportation of . fireworks ocarrs. , Reference for question 7: MUFC 7701.1 Scope. Manufacture, possession, storage, sale, tranaportalbn antl use of explosive materials shall be In accordance wNh Article 77. EJ(CEPTIONS: 3. Tha sale, possesabn or use of fireworks 1.4G (Class C common fireworks). Qusstlon'd~Does the MUFC eonslder flreworka to be flammable solids and subject them to the requirements for H oceupancles when storing above the 125-pound Ilmit in ANcle 80? Answ er to question =q~lb. rillthough this may appear to be a possible enforcement option, the definitions in the MUFC for flammable solid do not support such a determination. Also. the examples -found In ~Apperrdfx Ghaptar VI-- f a flammeliTe ~ solid. j In summary, ttiE`t- . € P., make no meMbn of fireworks being fire MereYial does not recommend using tl1is. reference In relation to coneumer~ f~ ~ Pape 4 a/ 5 Stele F've Marts al FAQ (or Enforro ra Alxi 30. 2002 Ouesfbu: flrecode~etale.mn.w nww.Ge.etffi a.maus • ~~~x E yLb~3 Reference for question 8: MUFC Deflnttioro -FLAMMABLE SOLID is a sdkl substance, other than one which is defined as a blasting agent ar explosive, that Is liable to rouse fire through friGlon or as a result of retained heat from menufedure, which has an Ignttion temperature below 212 °F (100 °C), or which bums so vlgorousty or persistently when Ignitetl that tt rreales a serious hazard. Flammable solids inGude finery divided solid materials which when dispersed In air as a Goud could be ignited and cause en explosion. Appendix VI-A 2.1.4 Flammable solids. 2.1.4.1 OrgeNC sofitls. Examples: camphor, cellulose narale and napthelene. 2.1.4.2 Inorganic solids. Examples: decelxxane, lithium amide, phosphorous heptasulfide, phosphorous sesqulsulfide, potassium sulfide, anhydrous sodium sulAde and sulfur. 2.1.4.3 Combustible metals (except dusts and powders). F~amples: cesium, magnesium and zirconium. 2.1 4.4 Combustble dusts end powders (indudlrg metals). F~camples: wood sawdust, plastics, coal, four and powdered metals (few exceptions). :a}~r$ nits the chief allowed to prohibk the use of flrew orks In hazzardoua Rre areas as authorized by Appendix II-A7 Answer to queatlon "~'N-.4, 4. f~ppendix II-A of the fire code has been adopted and may be enforced as such. When the chief has identified a hazardous fire area, Section 10 of Appendix II-A prohibits the possession or use oT fireworks in such areas. Reference for queatlon 9: MUFC SECTION 10 -FIREWORKS Fireworks shall not be used or possessed in hazardous fire areas. The rhlef is authodzed to seize, take, remove or cause to be removed fireworks In videtlon of Section 10. NOTE: The Stale Fire Marshal Division is currently in the process of adopting the International Fire Code and anticipates that a similar analysis of fireworks requirements under the new code will be needed. Stale Fire Mereh al FAD for Erdorce ra A{xll 30, 2002 Pegs 5 0l 5 wew.fire.atat e.rnn.us ~uesibne: flrecodeQelete.mn.ue ~~~~~~ E y~b~3 ~^~. State Fire Marshal Division ~ ~~ 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 6511282-6555 ~ ~~ Internet: http://www.dps.state.mn.us "~~ Fireworks Fact Sheet Akohoi& April 30, 2002 Gambling Enforcement Recent changes to iieso#~::Statute-624;20snow allow for the public sale, Crlminalt possession and use of a limited number of, but not all, consumer fireworks. Apprehension capitr,lsec~~xy Summary of Changes to Minnesota Fireworks Laws Crime Victim . Sale, possession and use of some tlonexpiOSive,andnonaeriei.r Sarv{ces consumer fireworks is now permitted in Minnesota on or after DriverBVehkle April 30, 2002. Examples,includ~ items such as sparklers, cones and services tubes that emit sparks, novelty items like snakes, and party poppers. Emetgenq Management/ For a complete list, see the Table on Page 2 of this fact sheet. Emergenq Response ~^'m~eaion ~~e3 copsu~'ler flreworks:,~?ay not be used ott pl~btlc`,f~~~Yf ~ ta,e F;,e (i.e. parks, roads, alleys, schools, government property etc.). Marshal! Pipallne Safely . ~t:>t~as~rs of these fir~vv~rtacs must b~ at mast .'18 ire ~l and r State Patrol c~il~rs;need to_Ghl:ok~~phot~i ~identi#'it~tton:E Trefric Safety . s~~le~possession,and use may occur at any time during~the ~rear~ What Requirements Haue'Not ChanOed . Explosive and aerial,fireworks are still-prohibited for public.sale;a possession and use. Prohibited ftreworks lntdud~firecrackers, bottle rockets, missiles, roman candles, mortars and shells. „~,a~~,,~ • Requirements for "public" display fireworks and certification for '°"`°"'°~ use remain unchanged. Questions should be directed to the State Fire Marshal Division by email to firecod state.mn.us or by calling (651) 215-0500. Additional . information is available at www.fire.state.mn.us State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 1 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us PPP~e-r`dtx F yLb~3 C~ • • Table 1: Examples of Legal and Illegal Fireworks EXAMPLES OF FIREWORKS THAT ARE EXAMPLES OF FIREWORKS kT. NOW LEGAL TO SELL, POSSESS AND USE CONTINUE TO Bf.1LLEGAE TO SELL BY THE PUBLIC ON OR AFTER POSSESS AND USE, EXCEPT AS APRIL 30, 2002 AS PERMITTED BY PERMITTED UNDER MINNESOTA MINNESOTA STATUTE 624.20 (C): STATUTE 624.20 Wire or wood sparklers of not more than 100r gums of mixture per item ? . Any fireworks that are explosive ~ • Any firevrbrks'that are aeriaf Other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a Firecrackers (any size) total of 200 grams or less for multiple tubes Ladyfingers and include: Sky rockets • Cylindrical fountain Upon ignition, a shower of • Bottle rockets colored sparks or smoke and sometimes a • Missile type rockets whistling effect is produced. • Helicopters, aerial spinners, planes, Cone Fountain The effect is the same as that of UFOs a cylindrical fountain. When more than 1 cone is mounted on a common base, total pyrotechnic • Roman Candles composition may not exceed 200 grams . Mines or shells (heavy cardboard or llluminatinp Torch paper tube(s) attached to a base - • Wheel -Pyrotechnic device intended to be upon ignition stars, balls or reports are attached to a post or tree by means of a nail or propelled into the air) string. Upon ignition, the wheel revolves, producing a shower of color and sparks and, • Chasers sometimes, a whistling effect • Parachutes • Ground Sainner -Small device venting out an . 1.3G Display (special or Class B) orifice usually on the side of the tube. Similar in FirewoflcS operation to a wheel but intended to be placed A i l h ll flat on the ground and ignited. The rapidly er s e s a • spinning device produces a shower of sparks . Theatrical pyrotechnics (see Minn. and color. Stat. 624.20 to 624.25) • Flitter Sparkler -Narrow paper tube attached to a stick or wire that produces color and sparks upon ignition. The paper atone end of the tube is ignited to make the device function. Flash/Strobe - Emit a bright light Basically, any fireworks listed above are still not legal for public sale, possession or Novelty items such as snakes and glow use, except with a permit and by a certified worms, smoke devices, or trick noisemakers operator according to Minnesota Statute which include paper streamers, party poppers, 624.20. (i.e. these fireworks are still not string poppers, snappers, and drop pops,:eaCh legal unless a permit has been issued by consisting of not more-than twenty~frv~ the local jurisdiction and they are used by hundredths grains of explosive mixtures a state certified operator) State Fire Marshal Fireworks Fad Sheet April 30, 2002 Page 2 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us {~Pp~dt~ F y~~~3 Information for Consumers of Fireworks Each state in the United States has slightly different requirements for fireworks: some permit all 1.4G consumer fireworks; others a subset of consumer fireworks; or no fireworks at all. The recent law change would allow some, but not all, consumer fireworks to be sold and used in Minnesota. To prevent confusion, the Table on Page 2 of this fact sheet outlines the types of fireworks that may now be sold, possessed and used by the public. This table also indicates fireworks that are still not legal to sell, possess and use, except with a permit and by a certified operator. Here is a summary of the basic rules for fireworks in Minnesota: Only nonexplosive and nonaerial consumer fireworks are permitted to be sold, possessed and used. Examples include fireworks listed in the left hand column in the Table on Page 2 of this fact sheet. Fireworks that explode, leave the ground, or shoot anything other than sparks into the air are still prohibited. Use of these devices is not permitted on public property (i.e. parks, roads, alleys, schools, government property etc.). Purchasers of fireworks must be at least 18 years old and age must be verified by photo identification at the time of purchase. The only age restriction is on the purchase of fireworks -there is no age restriction on possession or use. • There are no restrictions on the time of year for the sale, possession or use of these ° fireworks, nor are there restrictions on where the fireworks are purchased (in state or out of state). A permit or certification from the State Fire Marshal Division is not necessary for the sale, possession or use of these fireworks. There has been no change in the laws relating to theatrical pyrotechnics and the requirements for a permit and certified operator according to Minnesota Statute 624.20 to 624.25 Operating outside the exception provided by Minn. Stat 624.20 (c) for sale, • possession and use of fireworks is addressed in the criminal statutes of Minn. Stat. 624.20 to 624.25. According to Minn. Stat. 624.25, violations are addressed as follows: • 1. if the violation involves explosive (fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both; 2. if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and 3. if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than • $700, or both. State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 3 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us {~ P P ~d~x F y ~~,3 Fireworks Safety Guidelines Fireworks are associated with many injuries nationally each year. The following safety guidelines are offered to reduce fireworks injuries, fires and nuisance complaints: Read, understand and follow the instructions on each device prior to using. Use fireworks with close adult supervision. Choose a safe place to use fireworks that is far from anything that could be damaged from the normal or abnormal operation of any device. Fireworks should only be ignited outdoors and away from animals, buildings, storage tanks, brush or combustible materials. Anyone acting in an irresponsible manner or who appears to be under the influence of alcohol or other drugs should not handle or discharge fireworks. Keep fireworks away from small children and store them in a cool dry location away from sources of ignition (heat and flames). Fireworks should not be allowed to become wet and should not be used when dried after becoming wet. Do not carry fireworks in your pocket or on your person. Lit cigarettes, cigars, pipes or open flames should be kept away from fireworks that are for sale or when stored. Never ignite fireworks inside another container, such as inside a bottle or can. Eye protection is recommended for those using fireworks. Never throw fireworks or aim them at another person, animal or building. Only light one firework device at a time, then move away from the device quickly. Keep clear of any device that has been ignited, but has yet to go off. If a firework device has been ignited but fails to go off, stay clear of the device for an extended period of time to prevent injury due to delayed activation. Soak the device in water before handling it. Never place any part of your body, especially your head, over the firework device when lighting. Approach the item from the side and light while keeping your body away from the item. Never relight malfunctioning fireworks. Report any defects back to the seller or the Consumer Product Safety Commission. Never experiment with fireworts, make your own fireworks, or alter fireworks in any manner (a strong federal prohibition exists for such activity). State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 4 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us ~~Pz~x F ylb~3 Background on Fireworks Statutory Requirements Requirements for fireworks can be broken down into two broad categories: misplay frreworke -G (old name was special or class B fireworks) are the large fireworks used by trained and licensed operators and are typical of what you would see presented each evening at the Taste of Minnesota or at the Minnesota State Fair. Possession and use of these display fireworks by state certified operators is covered under Minn. Stat. 624, and is not impacted by the recent law change. Consumer fireworks -~?e4G'(old name was common or class C fireworks) are small fireworks intended for public use. Prior to April 30, 2002, Minnesota Statute 624.21 prohibited all forms of consumer fireworks except for toy pistols and caps. The recent law change has added an additional exception to this statute: (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glowworms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be'verified by photographic identification. Thus, the items listed in (c) above are no longer considered "fireworks" for purposes of Minnesota Statute 624.20 and 624.21 and no longer require use only by state certified operators. This allows the public to use these fireworks without a permit and without a certified operator. Fireworks not included in this new language still fall under the requirements for a permit and certified operator. Att;consumer fireworks sold in the US must meet the requirements of-the three -main federal ~ovemmentagencies that controt fireworks:d(1) The Consumer Product Safety Commission ' in 1fi CFR -1500 and 16 CFR 1507 provides standards for the safe construction; labeling ,arid performance of fireworks (i.e. prevention of accidental ignition or tipping daring use)t The.CPSC also enforces a list of prohibited fireworks such as M-80's and others! (2) rT~le a Department of Transaortationi49 CFR 170-173 defines consumer 1.4G fireworks and contains requirements for transportation, labeling and shipment of fireworks. The DOT adopts by reference American Pyrotechnics Association (APA) Standard 87-1 Standard for Construction and Approval For Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics. This is the main document that defines different types of fireworks, their allowable composition (weight of chemical composition) and construction.~3) Fnalty; the s Bureau of Alcohol Tobacco and Firearms enforces requirements relating to the explosives . nature of fireworts [27 CFR 55], such as separation distances for storage and manufacturing. State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 5 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us {~ P~~X F ~, ~b~3 Information for retailers of fireworks Here is a summary of information relating to retail sale of fireworks in Minnesota: Retailers should check with the local governmental entity where sales are contemplated for any additional requirements that may apply (i.e. business licenses, zoning or permits). No permit or license is necessary from the State Fire Marshal Division for sale, possession or use of fireworks exempted from Minnesota Statute 624.20, although one my be required locally. Strict adherence to state fireworks laws, especially Minn. Stat. 624.20 (c), is encouraged and expected. Operating outside the exception provided by Minn. Stat 624.20 (c) for sale, possession and use of fireworks is addressed in the criminal statutes of Minn. Stat. 624.20 to 624.25. According to Minn. Stat. 624.25, violations are addressed as follows: Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows: 7. if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3, 000, or both; 2. if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to irrgprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and 3. if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or fo payment of a fine of not more than $700, or both. Purchasers of legal fireworks must be at least 18 years old. Minn. Stat. 624.20 (c) requires that retailers verify age though presentation of photographic identification by the purchaser. The Minnesota Unrform Fire Code is adopted statewide and has provisions relating to fireworks. Retailers are encouraged to be familiar with the requirements in the Fire Code since they apply to legal fireworks. Smoking is not allowed in areas used for retail sale or storage of fireworks [reference: MUFC (1998) Section 1109.4.1]. There are no provisions in the new language of Minn. Stat. 624.20 (c) that limit or prohibit advertising or mail order sales for legal fireworks. Permitted advertising and mail order sales, however, are limited to fireworks legalized by Minn. Stat. 624.20 (c) since other fireworks are still not legal for personal sale, possession or use. State Fire Marshal Fireworks Fact Sheet April 30, 2002 Page 6 of 6 www.fire.state.mn.us Questions: firecode@state.mn.us R~P~r~x F u~e~ CITY OF HUTCHINSON FIREWORKS SALES AND/OR STORAGE PERMIT APPLICATION i Office Use Only j i I j Permit No. j i j j Fee $ j I I Return all forms to: Hutchinson City Center i I 111 Hassan Street SE I City ID: I Hutchinson, MN 55350 j j Phone: (320) 234-4216 I Legal Description: I Fax: (320)234-4240 I I I j I I I._._._._._._._._._._. _._. _. _._. _._._._. _._._._. _._.I Check appropriate box: ~ Sales ~ .Storage Place of Sale/Storage Address: Applicant: Phone: Address• Property Owner: Phone: • Address: Letter Attached: Vendor Name: Phone: Address Approvals by City of Hutchinson 1. Police Department, 10 Franklin St SW, 587-2242 By: Date: 2. Fire Department, 111 Hassan St $E, 587-5151 By: Date: 3. Zoning Deparhnent, 111 Hassan St. SE, 587-5151 By: Date: 4. Building Department, 111 Hassan St SE, 587-5151 By: Date: I hereby certify that I have completed, read and examined this application and attached fireworks regulations. I know [he same to be true and correct, I accept responsibility for compliance with all applicable laws, notifications, and city provisions. The granting of this permit does not presume to give authority [o violate or cancel [he provision of any other state or local law regulating fireworks. I have reviewed and understand the attached applicable ordinance. Applicant's Signature: Date: • Approval by City of Hutchinson according to the attached regulations. Fire Chief Signature: Date: {~pP-~-~x G y~b~3 • Ordinance No. 02-317 AN ORDINANCE AMENDING SECTION 10.05 RELATING TO FIREWORKS PERMITTED WITHIN THE CITY LIMITS SEC. 10.05 FIREARMS, DANGEROUS WEAPONS AND ARTICLES. Subd. 4 Discharge of Firearms and Explosives. It is unlawful for any person to fire or discharge any cannon, gun, pistol or other firearm, firecracker, sky rocket or other fireworks (extent as nemutted in Section 10.051), air gun, air rifle, or other similaz device commonly referred to as a B-B gun. Subd. 6 Possession and Sale of Fireworks. It is unlawful for any person to sell, possess or have in possession for the purpose of sale, except as allowed in Subdivision 4 of this Section, and as permitted in Section 10.051, any firecrackers, sky rockets or other fireworks. Fireworks seized under the provisions of the Uniform Fire Code shall be rendered harmless by placing same in plastic bags or pails and adding one cup of water to approximately each 2 pounds of fireworks. Properly documented wet fireworks may still be used as evidence in a safe manner. After wet fireworks aze no longer needed for evidence, the Fire Marshall shall be contacted for final disposition. Adopted by the City Council this ~ day of , 2002. • Attest: Gary D. Plotz, City Administrator Marlin Torgerson, Mayor y~~y PUBLISHED IN THE HUTCHINSON LEADER THURSDAY JUNE 13, 2002 • PUBLICATION NO. 6745 ORDINANCE NO. 02-318 AN ORDINANCE REAFFIltMIIVG PREVIOUS VACATION OF A PORTION OF WASHINGTON AVENUE EAST THE CTI'Y OF HUTCHINSON DOES ORDAIN: SECTION 1. Washington Avenue was originally platted as a portion of the original townsite of Hutchinson in approximately 1855. Washington Avenue, east of Arch Street, was appazently vacated and incorporated into Railroad right-of--way for the Minnesota Western Railway in approximately 1915 or 1916. All Washington Avenue right-of--way east of the south fork of the Crow River was appazently vacated prior to development of the State of Minnesota Fish Hatchery in approximately 1930. The City's official map from 1941 indicates that Washington Avenue only exists west of the south fork of the Crow River. SECTION 2. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appeaz to the satisfaction of the City Council • that a reafl'umation was made that the following described portion of Washington Avenue East has been vacated: That part of vacated Washington Avenue, lying between the northeasterly line of Arch Street and the east line of Section 6, Township 116 North, Range 29 West and lying southerly of the following descnbed line: Beginning at the Northeast comer of Section 6; thence southerly along the east line of said Section 6, to the intersection of the north line of the south 20.00 feet of the north 50.00 feet of Section 6; thence westerly to the intersection of a line 20.00 feet north of and parallel with the south right of way line of said vacated Washington Avenue and a line extending north from the northeast comer of L,ot 1, Block 1, Hutchinson South Half, at a right angle to said south right of way line; thence westerly on a line 20.00 feet north of and pazallel with said south right of way line to the northeast line of Arch Street and there terminating. Section 3. This ordinance shall take effect from and a$er its passage and publication and upon filing certified copy thereof with the proper County officers as required by law. Adopted by the City Council this 11th day of June, 2002. Mazlin Torgerson, Mayor • Gary D. Plotz, City Administrator `-i ~-h~5 Hutchinson City Center • • 111 Hassan Slreet SE Hutchinsaq MN 55350.2522 320.587-5151/Fax 320-234-4240 TO: Mayor & City Council FROM: Melissa Starke DATE: June 7, 2002 SUBJECT: Planning Commission Considerations The individuals that have submitted their names to be considered for the Planning Commission are as follows: Dr. Jim Lubeck Steve Nordquist Robert Hantge If you would like any further information, please contact me. Printed on recycled paper - 1`C, • FEE: saoxT T>~rt City of Hutchinson $25.00 APPLICATION FOR GAMBLING DEVICES LICENSE Approved by. Building Fire Application shall be submitted at Police least days prior to the Gambling occasion <~ r / // I I, ~/LLI~M ~PR~6L-~'iYL- AND I. ~.O~c'l ~-<' - Name of Authorized Officer of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game of gambling in accordance with the provisions of tha City of Hutchinson Ordinance N0. 655 and Minnesota Statutes Chapter 349 for the license year ending ~~~'. S i ~ a r ~ ~~C-~ ~iE~cc~C/ Authoriz Of cer of Organization Designated Gambling Manager of organization A. The following is to be completed by the duly authorized officer • of the organizationC:~ 1. True Name: APR IGL~t'Z WILL IPrM (last) (firs ) y~o~.,~sF (middle) 2, Residence Address: ~ ~ o Ss3~~ p(street) (city) (sta ~) (zip) 3. Date of Birth: 3 / (o ~/9`l,~i 4• Place of Birth ~°~~°`(SD (mo/day/year) (city/state) ,~_. Have you ever been convicted of any crime other than a traffic offense? Yes No ~. If Yes, explain B. The following is to be completed by the designated gambling manager of organization: 1 J 1. True Name : ~''1 i.r / / ~~ ~' "-'`-~ ~ (last) (first) (middle) • - 2. Residence Address: `~~ ~7 G~~ h2n~ ~~f" ~~ fr.~,%nsc~n M' V 'S' ~'`~ ~ (street) (city) (state) (zip) 3. Date of Birth: h ~13~iGG~z 4. Place of Birth: ~'f~n (mo/day/year) (city/state) ~c~j~ s • Have you ever been convicted of any crime other than a traffic offense? Yes No ~_. If yes, explain _ 6. How long have you been a member of the organization? ~{ ~~~~ 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used ylpG ~-1-41~k- ~~•-S~ 2. Date or dates gambling devices will be used O9- O S- O ~" (date and/or day(s) 3. Hours of.th ay gambling devices will be used: of week) From ~0;~0 PA. To~A.M. P.M. Q. Maximum number of players //JD ' s. Will prizes be paid in money or merchandise? (~~/~ 6. Will refreshments be served during the time the gambling devices will be used? Yes ~ No If so, will a charge be made for such refreshmen s7 Yes NO Organization Information: ~. Give names of officers to the organization: Name 1. Address where regular meetings are held y(~1(J LAKE ~~:.~GJ 2. Day and time. of meetings ~T~~ ~G1~S . - 7.00 P/n 3. Is the applicant organizati organized under the laws of the State of Minnesota 7, Yes ~ No 4. How long has the organization been in existence? 1j.T 4a. How many members in the organization? nn~a.OU O 5. What is the purpose of the organization? /'SG~L/ ~/ ~~t 5 b. Officers of the Organization: Name Address Title or any other persons paid for services Address Title ~~d) Organization Information: (Continued) 8. In who se custody will organization reco rds be kept? // Name L~l~il?% ~iw~ /S7. ~c757~C75iCt.Address ~ `r~l (ld L/4K~ yf- 5'lN. 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players wtlilc: Bumbling devices are used, or whi le on the licensed premises, please state the Name of Insurer tt1GLIC U17~f~~ an d Policy No. ~~~-d ~9~ 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? yE~ 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of the organization. • 1. Name of bonding company /V /~ 2. Address of bonding company 3. Amount and duration of bond 4. Application is hereby made for waiver of the bonding requirements. Yes No I declare that the information 2 have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambliLng, and I will familiarize my eLf ith the co nts hereof. ~ ~~' ~ ~ Signature _of ""autho ize~-of-fPcer o1' organiazation Date: Subscribed and sworn to before me no,~ary public on this Z ~ day of ~~ . -~9 Diu. ~ Xi ~ocY Signature of Notary Public Commission expires on ~a.~. 3f, X0.5 Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on • ph LORI THUL IDfIRf PUBLIC -MIpME9DTA ~,- McCLEDD COUNTY W Curnrsslea BpUet In 31. ZOOS ~~~ Page 1 oft 3101 u • • Minnesota Lawful Gambling or oar -only LG220 -Application for Exempt Permit Fee - $25 Fee Pad Or anization Information Check No. rganization name raviolis lawful gambling exempfion number . ~} s fts ~+ ~~ t ~. ~ fee-i~ ~ Sao I --~1- o-o l Street City StatelZip Code County ' (~O ~i4 K ~ ~f - SW f~GrTcN 1 n/-so N /l9NSS~SO [~ ~ ~ Name of chief executive officer (CEO) Daytime phone number of CEO First name Last name ' tit ~- m ~ PR i~~~~ 3~- s8~7- CQ.SzJ ~ Name of Veasurer Daytime phone number of First name Last name treasurer. w ,.3a~-587- (o So Type of Nonprofit Organization Check the box that best describes your organzation: ^ Fraternal ® Religious ^ Veteran /^_ Other nonprofA organization Check the box that indicates the type of proof your organization attached to this application: ^ IRS letter indicating income tax exempt status ^ Certificate of Goad Standing from the Minnesota Secretary of State's Office ^ A charter showing you are an affiliate of a parent nonprofd organzation ^ Proof previousy submitted and on file with the Gambling Control Board Gamblin Premises Information Name of premises where gambling activitywii be conducted (tor rattles, Ystthe site where the drawing wiY take place) S~, ~ ~ ~ ~ o~i ~ ~~ ~ Address (do not use PO box) City State2ip Code County ~ G~,~ ~`- Sc~ }~~rrcr~ l~l/son/ Nss~s~ e l~o~ Date(s) of activity (for raffles, indicate the dale of the drawing) S~f~~m8~ S~ Sao ~ Check the box orr~~~rb555oxes that indicate the type of gambing activity your organ¢ation wit 6e conducting: 'Bingo yam, RaHlea (cash prtzes may not exceed 512,D00) ^ 'Paddlewheels ^ "PuG-Tabs ^'T4boards •r:..,,~.,,.,o~f r,;~ fnnsa activities must be obtained from a icensed dishtbutor. r - - - - - This farm will be made available in eHemetive format (i. e. large print, Brelle) upon request. The information requested on Oils form (and any attachments) vv~l be used by the Gambling Control Board (Board) to determine yourquaifications to be inwhed et lauvful gambling activities in Mnnesota. You have the right to refuse to suppythe information requested; however, if you refuse to slippy this information, the Board may not be able to detertnme your qual~dreations and, as a consequence, may refuse to issue you a permit. fl you supply the infortnaticn requested, the Board wit be able to process your application. Your name and end your organizatan's name and addresswil be public infortnatlon when received by the Board. All the other intormation that you provide wit be private data about you unti the Board Issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of appying for your permit will become pubYc. ft the Board does not issue you a permi, aY the vrTomnetion you have provided in the process of appying for a pertnfl remartrs private, w'ah the exception of your name and your organ ¢atan's name and address which will remain pubic. Private data about you ere avaiable onyto thethe foil erd members, staff of the Board whose work assignment requires that they have access to the informaton; the Minnesota Department of Public Safety, the Minnesota Attorney General; the Minnesota Commissioners of Adrrtinistretion, France, and Revenue; the Minnesota Legislative Auditor, national and international gambfng regulatory agencies; anyone pursuant to court order, other individuals and agencies that are specificaly authorized by state or federel law to have access to the information; individuals and agencies for which law or legal order author¢ea a new use or sharing of information after this Notice was given; and anyone with your consent l l G-iJ • LG220 - Organization for Exempt Permit ,4 nr~4.sr~ S ~A t rv~al unit of Government Acknowledgment If the gambling premises Is within clty Ilmits, the city must sign this applicatlon. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. ^ The city approves the application with no waiting perbd. ^ The city approves the application with a 30 day waiting period, and albws the Board to issue a permit after 30 days (60 days for a first class city). The city denies the application. Print name aTcity (Signature of cdy personnel recenring application) Title Date / / Print name of lownshp (Signature of township official acknowledgng applicetbn) Date 1 1 • Chief Executive Officer's Signature The information provided in this application is Chief executive officer's Name (please Mail Application and Attachments Page 2 of 2 3101 ff the gambling premisea Is located In a township, bWh the county and township moat sign thls applk~tlon. On behalf of the county, I acknowledge this applicaton. Check the action that the county is taking on this application. The county approves the application with no waiting period. The county approves the applicatbn with a 30 day waiting perbd, and albws the Board to issue a perm d after 30 days. The county denies the application. Print name of county (Signature of county personnel rece'rverg application) Title Date ! 1 TOWNSHIP: On behaff of the township, I acknowledge that the organ¢etion is applying for exempted gambling actrviry within the township imits. [A township has no statutory authority to approve or deny an appfcatwn (Minn. Stet. sec. 349.213, subd. 2).] accurate tQ the best of my knowledge. At least 45 days prior to your scheduled activity date send: • the completed application, • a copy of your proof of nonprofd status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Roseville, MN 55113 Sulte 300 South ~ ,~G ff your appliicatbn has not been acknowledged by the bcal unit of government or has been denied, do not send the application to the Gamblatg Control Board. `T WJ Fbrm Mo. /m Xruil m "OM' Pnmira IPr, SINII SnORT TERN-~IDt1. 0o p T'EINYEM ,.lpfAEOEl EYE6 RETAIL "ON SALE" estate of ~tinnegota, COOYYTY OF ..._MC Le od ~ ___ _ City_ ,__._„_,,,.,Og_._._... Hutchinson _ TO the City_Council „....._._._.._Of t}1C..........CSjX .......................Of. Hutchinson _. _._......._..._.._......._...-.___.. ..._State of Mimesota: ___ _....~~h:_fL.LV.nsLfr.S(H........._GfFt=rlo~iC,_..._~r~uez-e.if......_.__.._ hereby aPP1.1es.-for a licence for the term oJ_.... (..!:s<.Q.._._._6L/_9:::~_.~1. from Lhe. _.. _..__ ~.~llY N_.1-11.:.....___..._day of..._., _sy-1..~.1~.L~.'~'~ /3_~_!Z.........._._.....__.., ,~.f.Q..~, !o ee11 At Retail Only, Non-Intozicatu>Y 1Hait Lignore, a the came are ILeJlnEd. by Law, for coruampEion "ON" Ehore Certain Promuu in the ...............___..._..~_.__.... _. _ . _ .......... _ ................._. Gi4F3........_......of ...._~1lK.S.ti1-A37A"' -- -. _ ._....---'___._ ..._..__ duoribrda JoLlawe, to-wit:.._.y~P(/_..~./~"LS:!E_.._Sr._._sGf).._.-1fL![.(i..rl. ~/L.SO N~._L!1~... at which p[aae raid appLieant_....operate.._..the burinerr of....._._`G~~:L.E.t..._=_._U ~._. __ and to that end nprorenk..__and etate._...oe follows: Thal raid aPPGtank...._._ ............._is...a__.__.......~itizcn_.._.oJ the Onitrd Stater; of Quad moral aharnarir and repufe; and ha.__._....attaiaed Ehe aQe of SI yeah; that..__._._ ................_...____._._..._._._.....praprieeor_._.Af tlu eatabiishment far which the Zicenee wi1L be issued if Ehir application is Qranted. TIw1 no manufaoEarar of such non-intoxicalinQ malt Liquors ha any owncrrhip, irr whole or lA part, in said business of raid appEicant...._or any inkrorE lhtrtin; That said appliaa.nt......maka_....this application pursuant and eubjeat to all the Iarar of the Slate of Minnesota and the ordirwrlrne and reQulatimu of said.__..__City__.__..__._..._.._..__.._._.,_.___,_ aPPLicabk th<relo, which are hereby mnde a par! hereeJ, and hereby aQrta..._.to observe and obey the same; In.n ~.E. aMe ~.w~.E~ u ur. m lasl mNEaEeEI Reco®end approval. Driver's License I.D. required far purchase. SCeve Madson, Police Chlef F.ach npplirant further stales that -he is not now the holder of, nor has J[e made applicntian for, nor does _he intend la make application for p Federal RetaiLDeakr's Special taz stamp for the salt of inG[xicaling liquor. , E -_ .br-/-f- -._... ._._...__ lppl(saw1,_ P. 0. ~ (~e~ RESOLUTION NO. 11955 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT • ASSESSMENT ROLL NO. 5D57 LETTING NO. 1/PROJECT NOS. 02-01 8 02-02 WHEREAS, cost has been determined for the improvement of: Project No. 02-01 NE Area Trunk Sanitary Sewer -Phase 1 -Tartan Park Main Pumping Facility to NE Comer of Impressions Inc on Eastgate Dr SE by construction of trunk sanitary sewer and appurtenances, Project No. 02-02 2nd Avenue SE from Crow River Bridge to Michigan Street by construction of grading, gravel base, bituminous base, bituminous surtacing and appurtenances, and the bid price for such improvement is $879,813.42 and the expenses incurred or to be incurred in the making of such improvement amount to $211,155.22 so that the total cost of the improvement will be $1, 090, 968.64. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ and the portion of the cost to be assessed against benefited property owners is declared to be $ • 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the frst Monday in January, 2003 and shall bear interest at the rate of percent per annum from November 1, 2002. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 11th day of June, 2002. Mayor City Administrator ~ C~) RESOLUTION N0. 11956 • RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5057 LETTING NO. 11PROJECT NOS. 02-01102-02 WHEREAS, by a resolution passed by the Council on the 11th day of June 2002, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving: Project No. 02-01 NE Area Trunk Sanitary Sewer -Phase 1 -Tartan Park Main Pumping Facility to NE Corner of Impressions Inc on Eastgate Dr SE by construction of trunk sanitary sewer and appurtenances, Project No. 02-02 2nd Avenue SE from Crow River Bridge to Michigan Street by construction of grading, gravel base, bituminous base, bituminous surfacing and appurtenances, WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 9th day of July, 2002, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such . assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2002. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 11t h day of June 2002. Mayor City Administrator yc~) • PETITION FOR LOCAL IMPROVEMENT 1100% OF PROPERTY OWNERSI LETTING N0.7 PROJECT NO.02-16 Hutchinson, Minnesota Dated: June 7, 2002 • `J TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, all owners of real property abutting on Blackbird Dr SW from Blackhawk Dr SW to Bluejay Dr SW and Bluejay Dr SW from Blackhawk Dr SW to Blackbird Dr SW in First Addition to Ravenwood hereby petition for improvement by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, pursuant to Minnesota Statutes, Chapter 429, and that the City assess the entire cost of the improvement against our property described below, and we hereby agreed to pay the entire cost as apportioned by the City. This petition shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. OWNERS SIGNATURE: ADDRESS DESCRIPTION OF PROPERTY 564 Hassan St SE Lots 1-14, Block 1, & Lots 1-13, Bbck 2, 1) Hutchinson MN First Addition to Ravenwood Ed Rettmann, Jr. 564 Hassan St SE Lots 1-14, Block 1, & Lots 1-13, Block 2, 2) Hutchinson MN First Addition to Ravenwood Eldonna Rettmann Examined, checked and found to Ue in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. Gary D. Plotz, City Administrator y~~ AGREEMENT OF ASSESSMENT, WAIVER OF HEARING AND . WAIVER OF IRREGULARITY AND APPEAL LETTING NO. 7 PROJECT NO. 02-76 This Agreement, is made this 7th day of July, 2002, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and Ed Rettmann Jr. and Eldonna Rettmann, husband and wife, fee owners of McLeod County, State of Minnesota, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owners' request, to cause the construction of storm sewer, sanitary sewer and services, watennain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances on Blackbird Dr SW from Blackhawk Dr SW to Bluejay Dr SW and Bluejay Dr SW from Blackhawk Dr SW to Blackbird Dr SW in First Addition to Ravenwood, and to assess 100% of the wst of $ to the Owner. Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed $ ,plus interest, over a period 10 years. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. This agreement shall be binding upon and extend to The heirs, representatives, assigns and successors of the parties. In testimony, whereof, said Owner has hereunto set his hand, the day and year first above written. • OWNERS SIGNATURE: IN PRESENCE OF: 1) 2) 3) 4) 5) 6) • ~~ • RESOLUTION NO. 11957 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT LETTING NO. 7 PROJECT NO. 02-i6 BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A certain petition requesting the improvement of Blackbird Dr SW from Blackhawk Dr SW to Bluejay Dr SW and Bluejay Dr SW from Blackhawk Dr SW to Blackbird Dr SW in First Addition to Ravenwood by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surtacing and appurtenances was filed with the council on June 11th, 2002, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the Director of Engineering and that person is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cast of the improvement as recommended. Adopted by the council this 11th day of June 2002. • Mayor City Administrator y~~ • TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works DATE: June 11th. 2002 SUBJECT: Letting No- 7/Project No. 02-16 I have studied the following areas and find that the proposed projects are feasible and recommend they be constructed. Project No. 02-16 Blackbird Dr SW from Blackhawk Dr SW to Bluejay Dr SW and Bluejay Dr SW from Blackhawk Dr SW to Blackbird Dr SW in First Addition to Ravenwood by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances ESTIMATED Construction Cost TOTAL Deferred Assessable Cost City Bonded City - WaterlSewer Funds City -Parking Lot Fund City - TIF MSA TED TOTAL HUTCHINSON ENGINEERING/PUBLIC WORKS DEPARTMENT Hutchinson City Center / 111 Hassan Street SE / Hutchinson NIN 55350-222 / 320-234-4209 /FAX 320-2344240 ENGINEERING REPORT Engineering cc: Cal Rice -Engineering Department y~~ . RESOLUTION NO. 11958 RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT CITY OF HUTCHINSON LETTING NO. 7 PROJECT NO. 02-16 WHEREAS, pursuant to a resolution of the Council adopted June 11th, 2002, a report has been prepared by the Director of Engineering, with reference to the improvement of Blackbird Dr SW from Blackhawk Dr SW to Bluejay Dr SW and Bluejay Dr SW from Blackhawk Dr SW to Blackbird Dr SW in First Addition to Ravenwood by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; and said report was received by the Council on June 11th, 2002. WHEREAS, this improvement was petitioned for by 100% of the property owners and said property owners have waived hearing on said improvement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefited property for all or a portion of the cost of the improvement • pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of 2. The public hearing on said improvement is hereby waived. Adopted by the Hutchinson City Council this 11th day of June, 2002. Mayor City Administrator ~-I ~~ RESOLUTION NO. 11959 • RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING N0.7 PROJECT NO. 02-16 WHEREAS, a resolution of the City Council adopted the 11th day of June, 2002, fixed a date for a Council Hearing on the improvement of: Project No. 02-16 Blackbird Dr SW from Blackhawk Dr SW to Bluejay Dr SW and Bluejay Dr SW from Blackhawk Dr SW to Blackbird Dr SW in First Addition to Ravenwood by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 2002. 1. Such improvement is hereby ordered as proposed in the resolution adopted the 11th day of June, 2. John P. Rodeberg is hereby designated as the Engineer for this improvement He shall prepare plans and specifications for the making of such improvement. • Adopted by the Council this 11th day of June, 2002. Mayor City Administrator yL~ RESOLUTION NO. 11960 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 7 PROJECT NO. 02-16 of: WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement Project No. 02-16 Blackbird Dr SW from Blackhawk Dr SW to Bluejay Dr SW and Bluejay Dr SW from Blackhawk Dr SW to Blackbird Dr SW in First Addition to Ravenwood by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, acopy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specfications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids . will be received by the City AdminisVator until 10:00 am on Monday, July Bth, 2002, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator andlor Director of Engineering, will then be tabulated, and will be considered by the Council at 6:00 pm on Tuesday, July 9th, 2002, in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and f led with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 11th day of June, 2002. Mayor City Administrator • y~~ RESOLUTION NO. 11953 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5055 8 5056 LETTING NO. 3IPROJECT NOS. 02-04/02-05102-06 Project No. 02-04 Fair Avenue SE from Jefferson Street to Adams Street by construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous street base, bituminous street surfacing and appurtenances; and Project Nc. 02-05 Oakland Avenue SE from Echo Drive to Jefferson Sfreet by construction of mill and overlay with Glassgrid and appurtenances; and Project No. 02-06 Juul Road SW from Dale Street to Merrill St SW by construction of sandary sewer and services, watermain and services, storm sewer, grading, gravel base, concrete curb and gutter, concrete sidewalk, bituminous street base, bituminous street surfacing and appurtenances; and Juul Road SW from Merrill St SW to Lynn Road SW by construction of mill and overlay and appurtenances, 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2003, and shall bear interest at the rate of percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2002, until the 31st day of December, 2003. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2002 and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 5. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 11th day of June, 2002. C~ Mayor City Administrator 5c0.~ RESOLUTION NO. 11954 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO.3 PROJECT NOS. 02-04/02-05102-06 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Project No. 02-04 Fair Avenue SE from Jefferson Street to Adams Street by construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous street base, bituminous street surfacing and appurtenances; and Project No. 02-05 Oakland Avenue SE from Echo Drive to Jefferson Street by construction of mill and overlay with Glassgrid and appurtenances; and Project No. 02-06 Juul Road SW from Dale Street to Merrill St SW by construction of sanitary sewer and services, watermain and services, storm sewer, grading, gravel base, concrete curb and gutter, concrete sidewalk, bituminous street base, bituminous street surfacing and appurtenances; and Juul Road SW from Merrill St SW to Lynn Road SW by construction of mill and oveday and appurtenances, and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Duininck Bros Inc of Prinsburg MN Wm Mueller & Sons Inc of Hamburg MN Amount Bid $507,571.90 $539,154.88 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 mayor and city administrator are hereby authorized and directed to enter into a contract with Duininck Bros Inc of Prinsburg MN, in the amount of $507,571.90, in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 11th day of June, 2002. Mayor i City Administrator 510.) Hutchinson City Center u • June 5, 2002 111 Hassan Street SE Hutchinson, MN 55350-2522 320.587-5151/Fax 320.234-4240 RE: Juul Road Improvements Letting No. 3/Project No. 02-06 Dear Property Owner/Resident; On the backside of this letter is a copy of the handout for the Assessment Hearing for the above referenced project. The Hearing will be held at 6 p.m. on Tuesday, June 11th at the City Center Council Chambers. As noted by the prices in the handout, the competition far construction contracts was very good, and the prices for the proposed work were in the lower range of what was expected. Combined with the expectation of low interest rates, it appears to be an extremely advantageous time to complete this work. Please note that the overlay project on the east block is being proposed to extend the life of the street a few years to correlate with the expected life of the utilities. Within the next few years it is still expected that complete reconstruction of the utilities and the street will be required. We expect that this will be at least ] 0 years in the future, however it is dependent on the periodic review of the utility conditions and potential risks involved. OTHER NOTES • Interest rate will be determined by rate that city receives for the project bonds. The actual interest rate on the assessments will be 1 % over the rate of the bond that rs sold later this summer. Depending on changes in the economy, the rate is expected to be between 6.0 and 7.0% • Construction is expected to start in late-June. We will send out a proposed construction schedule once the Pre-Construction Conference has been held with the contractor. Afrer November 15th, the assessments are certified to County property tax rolls, with interest. Assessment on Tax Roll, ] 0 years with interest, Equal Principal. (5 years for overlay project) Deferment available for property owners, meeting income guidelines, who are either over 65 years old or disabled. Please contact Finance Director Ken Merrill at 234-4207 if you have questions or would like an application. PAYMENT OPTIONS: • Full payment without interest by November 15th Please contact me at City Center prior to the meeting if you have any questions or comments. Sin rel ~~ Jobn P. Rodeberg, E. Director of EnQineerinR/Publ Works cc: Cal Rice -Assistant City Engineer Keith Messner -Engineering Technician Printed on recycled pnpcr- 5 ~a~ Memorandum To: Steve Madson, Police Chief From: Melissa Starke, Administrative Secretary Date: 06/03/02 Re: On- Sale Intoxicating Liquor License Application and Investigation Please review the enclosed on-sale intoxicating liquor license application for Jon Quade, d/b/a All Occasions Catering, and return the original documents to me when your investigation is complete. If possible, I would like to have this license approved at the next City Council meeting, which is June 11, 2002. Thank you. 1 5«~ APPLICATION FOR ON-SALE INTOXICATING LIQUOR LCCC NS F, This Form was prepared by the City of Hutchinson and the Minnesota • Bureau of Criminal Apprehe=nsion, Department of Public Safety, pursuant to Nr nneso to Statutes, 1976, Section 340.17, For purposes of back- ground roves [iga tion. It does not supercede any lays, rules or requ la tions of the Division of Liquor Control regarding the issuance of liquor licenses. Failure [o provide information requested may result in denial of the application. 1- ~~~ l.C ('I1SLT~ ~d1-3-~~. _ Trade Name Date o` Application 2. ln~12~0~-3~31~Oa. _ Licensing Period 7. Type of Application: ® New , O Renewal ~ Transfer ~~yp,Il dCGO.SIC/f1S '~ eC' - 1-er n5 rnc. 320 - 58 7 - 010 1 Name of Applicant Phone s. ZIS std AJe +~~ F-I~~c.h ~n sin Mn SS3 So Home address 6. Citizenship: U-5 7. NJ+ch~n sore Minne So~f~ II ~13 /62 Place of Birth Date of Birth e. (UI Pg~k pl~,c~ S+e l05 Address of Business Location 9 Legal Des crip ~LD. List owners o` building ar premise to be licensed: -~ U.~, 0.Y• ~/Uu G e ~Y 11. List all partners, officers or directors, if corporation: Name Address Date of Dir th_ Son CJyade Zis" sfi`` Ave ~JC II /t3~6Z 12. Prior expe1rience in this type/~of bu(s'mess: ZU ~G1 c'S ~~l hJSC Vie SS I }(dy/~ C11 Ir,(w 4J IIII ~'IIO~S. l ~I~1~cr vhf 0... (~nrA ~-OV~Slwno~q. 13. Present ownership in any other liquor establishment: fJ U 14. Present ownership in any other restaurant or folIo1d busine/~ss:II N U L5. Three nosiness References: ~lla/1cG Ti tIG~ ~1tILGnS Tnsvrance . ~ecSnGN. ~V\Su~a,~ce_ P~u n/1G~$ l6. lbd~ ~x ecJ ~JZ C? he. ~ - Corporate or Partnership Title 5 ~~~ 17. fo1 PQf~ P~=..ce SF~ fos ~ ~.rJ `LN1nStJY1 4~~ SS3 So Corporate or Parinershrp Address ~18. Lf this is a transfer application give name, address, of persons, partnership or corporation ho ldi nq license for the past year. rJ /A 19. Who owns the baz/tavern fixtures? ~~r: ,~ r ~ r lT l0.CI C. ~~ 20. Are you a Minnesota resident? ® Yes ^ No From To If not, where resident? Dates of Residency 21. Residential Address during Past Five (5) Years: ZI S S rti ~w e fJ ~~~~ns~ ~~ SS3 S0 QQ 11 (('' 11 c I 22. Three Fersonai References: ~Uf k1S [)f PG tOf eJ y Jco~'r DGc~g~' ``II ,I 1 ~l lr9l ~ yO1a('t'~ 23. Employment for the Past Five Years: ~~U('wUL ~I ~~Y-) L j Se~} • 24. Any Convictions Other Than Minor Traffic: IJO tJ L 25. This application must be accompanied by detailed statement of net worth and last year's tax return and statement of method n£ payment For business, fixtures and inventory. 26. App Lic an t, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioner, and all ordinances of the municipality; and I hereby certify that I have read [he Fore- going questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed 5500.00 shall be charged an applicant by the city or county if the investigation is conducted within the state, or the cost not to exceed $10,000.00 if the investigation is required outside the state. I further understand the ordinances of the City of Hutchinson regarding the operation of on-sale Liquor licenses and agree to abide by them. Sig t f App 1' ~ S ubsc/r~ibed and sworn to before me Chis (J _~daylof ~ ]~aoDa, Q ~ 1. A i\~-F"0..1 L (Notary Public) My Ca mmission Expires: '~,31- Q~ MELISSA A. STARKE N07ApY PI1BlIC - MIMNESOiA !h Or~Nn Etp. Jen. 7f, 5~h) RELEASE OF INFORMATION As an applicant for an On-Sale Intoxicating Liquor License with the City of Hutchinson, Hutchinson, Minnesota, I am required to furnish information which that agency may use in determining my moral, physical, mental and financial qualifica- tions. In this connection, I hereby expressly authorize release of any and all in- formation which you may have concerning me, including information of a confidential or privileged nature. I hereby release the agency with which I am seeking application for license, and any organization, company or person furnishing information to that agency as expressly authorized above; from any liability for damage which may result from furnishing the information requested. Applicant's Full Printed Name: Applicant's Address: Applicant's Birth Date: Applicant's Place of Birth: Jon 1-t y.~.l ctir' e~ .iac~-L (First) __ff (Middle) (Last) 21s S tti ~cJC rv~ (Number) (Street) ~~~lnsotl Mcle.oe~ Mn 5 S3S0 (City) (County) (State 6 Zip) Applicant's Social Security No.: Applicant's Driver`s License No.: ate: ~/2~S/oZ 5~~ HV~-c.hiylSoc~ W1iny~aso ~ (City) (State) • Hutchinson Fire Services 111 Hassan St SE Hutchinson, MN 55350 (320)234-4211 (320) 234-5653 Fire Safety Inspection PROPERTY: Jonny's ADDRESS: 101 Main Street S PHONE: 587-0101 KEYHOLDER: Jon Quade Date: Juue 5, 2002 File: #02-150 CODE SUMMARY r1 LJ In accordance with the provisions of Minnesota Statute 299F.01 I, Minnesota Uniform Fire Code, Inspection of the above premises was completed and the following violazions and/or deficiencies were noted requiring corzective action: - The alarm panel is still in the trouble mode. This must be repaired. - The sprinkler system needs to be tested and then tagged annually, contact the installer and set up a yearly maintenance schedule with them. I will need a copy ojtheir report sent to me Note: I will send this report on to the city council with a recommendation for approval of your license pending compliance. Thank you end good luck with your new business, sounds funs! This inspection has been done to help insure and aid in the safety for you, your employees, and your customers. The fire safety concerns noted above need to be corrected in n timely manner to make sure your building stays as safe as possible. A re-inspection will be completed in days. A plan of action needs to be in place az that time. For further assistance, contact the Hutchinson Fire Chief at (320) 234-4211. Or Administrative Officer Jim Popp at (320) 234-5653 • Brad Emans Fire Chief Jim Popp Administrative Officer 5~~ 1 i ** Ie•a~dd ~eiol *~ ~aaae~y~ a~c~-ricl!`eT~ flF IN~1 IR,DNf:F DAT! Dwwoom7 I ~,~.,,~ _.~~~ THIS CERTIFICATE 6 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R1OHT6 UPON THG CGRTIFiCA7i Surnc & tiilcox, LTD HOLDER. THIS CEFCIIFlCAT! DOTS NOT AMIND, EXTEND OR r f 6300 Sc 740 Ri R , ce I MN SSFF3 P l S R ~ au , e. ~ 0° µr j ~ United States Liability TtoURA9 ~ I I COMPANY ~ IIAnE sox o I $ JOtlA 'S ALL OCCASSTON CArESING COMPANY 101 PARS PLACE/STE 105 C HIITCHIRSOR tlH 55354 ~~, I CCVERAOES _ . .THIS IS TO CEfRiFY THAT TH! POLCKS Of INSURANCE LISTED BELDW HAVE BEEN ISSUED YO 7Nfi INSURED NAMED ABOVE FOFi THE POLICY PER100 ' N RESPECT 70 MUCH TH19 N071,yRHSTANDWG ANY RlOUIREMlNT, T[RM OR WND1T10N OF ANY CpNTRACi OR OTTiER DOCUMENT Wll INDICTED . CERTIFICATE MAY S! ISSU[D OR MAY PERTAIN, 7HE INSUPWtlCE AffOROlD EY lH! POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. [XCLLLSIONS AND CONORIONS Of SUCH POLIC~B. LIMffS SHOWN MAY HAVE BEEN REDUCiD BY PAID CLAIMB. Tm ar Iast,RANCI I Polar Nvwa I DATEDAT[ slim I ~ [~ I ""'~ LTII ~uLwaLm ~ ~ I (aasRALAaDRSanTri I: I UABILITY; I PAODUCKCOMP/OP AGG L COMMGCUL OENE M I - I OCCLA PERSONAL a AOV INJURY ~ CLAAA9 ilAOE ` I IACw OCCUIWNCI 's _ _ I OWNERYBCONT MOT ~ I ~ ' F07E DAMAGE (Any me Itral ' S I MID DfA eIr 1 ; I AUTOM0311E UAlaf1Y' 1 I COMINW Sa+OI.I LIMrt i ,S ~ ANYAUTO i Pl1 ON'tlo AUTOS i ~ I ~ SOdLY INJURV IPer penonl ~ i SCHEDULED AUTOS I I I/IIiD AUi03 BOOaY INJURY (Per eetiOenU 16 ~ NDN-0WNEDAIlT06 I I I I I PROPERLY DAAIAOi S I RAMOC NAB4D1• I I ~AyTp ONLY-VACGDlNT f I I ~ I OTHIR TfUN AUN DIQT: ANYALlTO I ' EACH ACCIDENT S I i AGORCOAT! S ~~ LIAaIJIr EACH OCCIJIIItC11C! ! ~ „wee ~ , PdIM I A6N1lOAT! i O'IV[R THAN UL6AEIlA FpWI S ~ STAMORY L~Afl9 . - ': r'y;':;: ~ .. Aluo ~ EACIL N7 S I I DISEASE-POLCY LIMB S TIS PRO-AIlTON PJJLTNERS/DSLViNf oPNwLa AAl: IN0. UIG DISlASE-EACHEMPLOnI s onoL A LIQUOR LIABILITY CL1128236 06/01/02 06/01/03 8100,000 Each Occurenco $300,600 Eaeh Aggregate DluwProR a p[ILATglenw»QPIS<vaurA.larePenAL rtes ~ ~ ... .. ~ CEFITIFICATi HOLDER • CANCELLATION_~ '•:. ~. '...`......'.- <'.. '::~.'... ._ ~.`;.. `.. • axaR.D ANY a THi AWVi D[aal® PaLxrs w CANfJ!LL~ hleOllC TK QPWLTIDN DATi T1IPJICG nrt YSY1116 COMPANY VALL lNDCAVp1 TO MAIL CITY OF HIITCHI9SON 10 Dave wurt[N NOTIC! TO iHe O!A'TY'IGT! HowuL NAMID TO THI LIFT. 111 aASSAx sT sE „~~„M,r<~I,,,DT,~sH.L,_.APOacNOOwoArIDNDRr,A~DTY snrcalHSOa nH ss3so-zsz2 ~ ,,,,,,, ,~,D UPD« coMnwr. rn ADelra on R!?R[BiNTw77VEa. .,_ .. I _.._......, ~~~ '.Tloia~i~s AWHN zrv wrwl -- la.ra•~ RVlRR/RCR?Rl OI 1_A2b LSb NOI ltl1210dSNti?Jl Fl'86 ?Jd Wd BT ~h Z00Z E0~8~ff`~' • May 23, 2002 HUTCHINSON AREA CHAMBER OF COMMERCE 1 2 MAIN STREET SOUTH, liUTCHINSON, MN 55350 PHONE: 320587-5252 FAX: 3 2 0587-47 5 2 WEBSITE: WVJW.HUTCHINSONCHAMBER.COM EMAIL: HCHAMBER@HUTCHTEL.NET The Honorable Marlin Torgerson City of Hutchinson 111 Hassan Strcet Southeast Hutchinson, MN 55350 Derr Mayor Torgerson, The 28th A~ual Arts & Crafts Festival of the Hutchinson Area Chamber of Comrr~rce will be held Friday, Septarrber 13, 10 a.m. to 6:00 p.m., and Saturday, September 14, 9 a.m to 4 p.m. Our Arts & Crafts Task Force would lr7ce to request the following: • Use of Library Square Park for arts & craft exhibitors. Closing of 1" Ave SE between Main Street and Hassan Street for Taste of Hutchinson. • For emergency purposes tbe alley behind 101 Park Place will be continued to the south side of the park. No obstructions will be allowed in tl»s area. Closing of Hassan Street between Washington Ave E to 2°d Ave SE for arts & craft exhibitors, dumpsters and restrooms. • Closing of the following municipal parking lot Friday rooming, September 13 through Saturday, September 14. 1) Comer of Hassan Street and 1" Ave SE for Taste of Hutchinson vendor • Close parking ~ die East sibe of Main Street betwcen 1" Ave SE and Washurgton Ave and along on the South side of Washington Ave betwce~ Main Street and Hassan St., to be used for exhibitor unloading and loading only. All exhibitors receive a parking authorization card. This card idemiSes vehicles parked in the restricted k>fs and allows exlibitors to replenish their inventory during the event. If you would like additional informaticm, please contact the Chamber at 587-5252. Thank you for your help in making tbe Festival an event of which our cmnmunity can be proud. Sincerely, Tina Vorlicek • 09ice Manager .,-1~-IW~/ll,.. Cctn>!mitment to Ccemnuuutc~ Susie 1945.. . ,MaP>tirrg. l~futcRuiovra a ~etfe~c pQacce to eiae, uu~c~, and da ~uaueeaa ~Cq~ • Resolution No. 11961 A RESOLUTION TO ENTER INTO CONTRACTUAL AGREEMENTS FOR SERVICES PERTAINING TO THE NEW CONSTRUCTION/REMODELING PROJECT OF HUTCHINSON AREA HEALTH CARE WHEREAS, the Hutchinson Area Health Care Board has formulated a long range plan to enlarge and modernize Hutchinson Area Health Care, and; WHEREAS, in order to proceed with this project, external services aze necessary in the azeas of azchitecture, engineering, finance, legal compliance and construction management, and; WHEREAS, the Hutchinson Area Health Care Boazd will follow all standazd proceedings through the bidding phase and proposal considerations; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON That the Hutchinson Area Health Caze Board of Directors is authorized to enter into contractual agreements for azchitectural, engineering, financial, legal compliance and • construction management services and to proceed through the building phase as contained in Hutchinson Area Health Care's 2002 new construction and remodeling plan. Adopted by the City Council of the City of Hutchinson this day of 2002. ATTEST: Marlin Torgerson, Mayor Gary D. Plotz, City Administrator u $ ~5~ • ~- .. Memo To: Mayor and City Council Members Fromm Christie Rock, Executive Director CC: Gary Plotz, City Administrator Ken Merrill, Finance Director Date: 06/04/02 Re: Minnesota Community Capital Fund The Hutchinson Community Development Commission is seeking the City Council's approval to become a member of the Minnesota Community Capital Fund. The HCDC passed a motion at its board meeting on Friday, May 31, to transfer $25,000 of program income from the Economic Development Loan Program to the Minnesota Community Capital Fund. As of 4/30102, the unreserved • fund balance in this loan program was $274,252. The Minnesota Community Capital Fund (MCCF) is a new nonprofit organization offering kxxl communities and economic development organizations throughout Greater Minnesota an opporhmity to participate in an innovative new development financing resource. This flexible loan fund is designed to leverage millions of dollars in underutilized local Revolving Loan Fund (RLF) capital. Through the pooling of RLF resources, the Fund will provide participants with greater lending flexibility, the capability of offering much larger loans than would be possible with limited existing kx~l resources, and professional fund management services. A $25,000 contribution to the fund will allow the City of Hutchinson to access up to $250,000 in MCCF monies. These dollars can be used to assist kx~l businesses with land acquisition, building construction /renovation, equipment purchases, etc... Attached is a copy of the resolution we are asking you to adopt that approves our participation in the MCCF. The resolution amends our revolving loan fund policies and procedures to allow the MCCF to be a community development organization for the city and authorizes the transfer of program funds to the MCCF. If you have any questions, please do not hesitate to qll me at 320-234223. I have also provided you with a copy of a brochure that e~lains the fund in detail. L~ • Page 1 ~~~~ RESOLUTION NO. 11962 • A RESOLUTION APPROVING THE CITY OF HUTCHINSON PARTICIPATION IN MINNESOTA COMMUNITY CAPITAL FUND (MCCF), AMENDING THE CITY'S REVOLING LOAN FUND (RLF) POLICIES AND PROCEDURES, AND AUTHORIZING THE TRANSFER OF RLF PROGRAM FUNDS TO THE MCCF LOAN FUND ESCROW ACCOUNT. WHEREAS, the city of Hutchinson has reviewed the Offering Prospectus of the MCCF, a nonprofit organization serving greater Minnesota, and WHEREAS, the city has decided to become a member of the MCCF through the deposit of $25,000 into the MCCF Loan Fund Escrow Account, and WHEREAS, the city wishes to use funds available in its RLF account that originated from a grant received from the State of Minnesota under the Minnesota Investment Fund (MIF) / Economic Recovery Fund (grant number _~ for the purposes of becoming a member of the MCCF, and WHEREAS, the City Council deems it to be in the best interest of the city to participate in the MCCF as a means of increasing the overall economic and community development activity in the state. • NOW THEREFORE BE IT RESOLVED THAT: The City hereby approves membership participation in the Minnesota Community Capital Fund, under the terms offered in the MCCF Prospectus. 2. The City's Revolving Loan Fund policies and procedures are hereby amended to designate the MCCF as a community-based development organization for the City, and authorizing the transfer of RLF funds to the MCCF Loan Fund Escrow Account. Pursuant to Minn. Stat. 116J.8731, subd.2, the City hereby requests that the Commissioner of the Minnesota Department of Trade and Economic Development (DYED) approve the use of funds received from the repayment of MIF grant funds for participation in the MCCF and deposit in the MCCF Loan Fund Escrow Account in the amount of $25,000. 4. The City Administrator is hereby directed, upon receipt of approval from DYED, to disburse $25,000 to the MCCF. ADOPTED this day of , 2002. • SIGNED: Its ATTEST: ~~G~ Minnesota Community Capital Fund Activating Capital Community ~~~~ -The Minnesota Community Capital Fund (MCCF), a new nonprofit organization, is offering local communities and economic development organizations throughout Greater Minnesota an opportunity to participate in an innovative new development fmancing resource. This ~exible loan fund is designed to leverage millions of dollars in underutilized local Revolving Loan Fund (RLF) capital. Through the pooling of RLF resources, the MCCF ([he "Fund") will provide participants with Beater lending flexibility, the capability of offering much lazger loans than would be possible with limited existing local resources, and professional fund management services. MCCF Organizational Structure The MCCF is a Minnesota nonprofit corporation that is organized and will be operated exclusively for purposes consistent with Section 501(c)(3) of the Internal Revenue Code. • Entities that participate through the contribution of funds to the MCCF loan pool will become members of the corporation. • The business and affairs of the corporation will be under the direction of a nine-member boazd of directors. • The corporation has three classes of members, with each class of members having the authority ro elect two directors to serve on the board. In addition to the six directors elected by the membership, the elected directors will appoint three at-lazge directors to the boazd. • Participation Levels In order to encourage communities and organizations of al] sizes to became members, the MCCF is offering three participation levels: Class Amemberships---contributions of $100,000 or more. • Class Bmemberships---contributions of at least $50,000, but less than $100,000. •Class Cmemberships-contributions of at least $25,000, but less than $50,000. Pazticipation in the Fund shall be subject to approval by the Board of Directors and the execution of a written participation agreement. Benefits of Membership As a self-governed organization, the MCCF will offer its members a great deal of flexibility in swcturing loans that support business and affordable housing development in [heir respective communities. • Members will have the capacity [o originate loans of up to [en times the amount [hey contributed to the Fund. • The professional fund manager will work closely with members, prospective borrowers, and odter lenders in analyzing and structuring fmancing deals that will best meet the needs of both borrowers and lenders. • In addition to overall fund administration, the MCCF fund manager will be responsible for loan closings and negotiating the sale of loans [o the secondary market. • All of the paperwork and report fdings required under the Minnesota business subsidy law will be handled by the fund manager, which will allow members to focus their time and efforts on other development projects. • Members will have ongoing access to the technical assistance and expertise available from the MCCF fund manager, even for fmancings that do no[ utilize the Minnesota Community Capital Fund as a resource. • In addition to the loan pool capitalized by member contributions, the MCCF intends to offer members access to other Financing resources th [he future. Specifically, an application is now pending for US Treasury Department certification of the MCCF as a Community Development Financial Institution (CDFI). Once certified, the Fund will apply for Federal funds to support the expansion of MCCF's economic development mission. ~~~J Frequently Asked Questions (FAA's) roughout the MCCF concept development stage, interested individuals raised a number of questions concerning ~e workings of the Fund. While answers to many of these questions were not available at that time, the project development team has subsequently addressed most, if not all of these issues, including the following FAQ's: How large must our organization or community be in order to become a MCCF member? There is no minimum size eligibility requirement far organizations or communities to become members of the MCCF. In fact, the Fund is designed for and encourages the participation of communities of all sizes, as well as multi-community and regional economic development organizations that want to increase their development financing capacity. The funds that I have available locally to invest in the MCCF were originally received from the Minnesota Department of Trade and Economic Development (DYED) under the Minnesota Investment Fund grant program. These funds were loaned to a local business and the repayments are being used to capitalize my local revolving loan fund (RLF). Can I use this money to join MCCF? Yes. The State Legislature enacted an amendment to Minn. Statute 1167.8731, subd.2 this yeaz that specifically authorizes local government units to do so. How about using city general fund dollars for this purpose? es, again. Minn. Statutes 469.191 authorizes cities and towns to appropriate not more than $50,000 annually out of their genera] revenue fund for organizations like the Minnesota Community Capital Fund. Most of our local economic development financing resources were provided to our community by DYED through a HUD Small Cities Development Block Grant (SCDBG). Is it ok to use this money far our MCCF contribution? Yes. In fact, since the MCCF has been organized to qualify as a Community-Based Development Organization, SCDBG funds can be contributed with minimal reporting, which will be handled by the Fund manager. Once we're a member of the MCCF, can we increase our initial contribution level in order to be able to originate larger loans from the Fund? Absolutely. MCCF members will be able to increase their stake in the Fund at any time in order to meet their changing needs and to make the most of this new financing resource. If we are a member of the MCCF and later decide to terminate our membership, how and when wiU the funds that we contributed be returned to us? membership in the fund will be subject to a participation agreement, which will require members to make a minimum three-yeaz commitment to the MCCF. At the end of the three-yeaz period, all funds contributed will be returned, without interest, upon written request of the member. ~Cc~ As a member of the MCCF, da we have the right to appoint a representative to the Board of Directors? o, but a representative of your organization will be eligible for election to the nine-member Board that will ~vern the MCCF. Six of the nine board members will be elected by the membership at the organization's annual meeting. Since the corporation has three crosses or uicu,uciaiuY ~~a~„~ upon the member's contribution level) each class of members will elect two directors. The six elected directors will be responsible for filling the three at-lazge director seats. Who will mam:ge the Fund? The Northland Institute, a Minnesota nonprofit corporation, will provide management services to the MCCF for at least the first three years of operation. After this initial period, the Board of Directors may either continue to contract for fund management services or hire staff to manage the Fund. Who will pay for the cost of fund management? The primary revenue sources that will be available to pay for fund management services are the interest earnings on the pooled funds contributed by MCCF members and loan origination fees charged to borrowers. Members will not be required to pay directly for services provided by the fund manager that pertain to the structuring of MCCF loans. However, any technical assistance provided to members that is not directly related to a MCCF loan transaction will be subject to a reasonable ~ervice fee to be paid by the benefiting member. How will the Fund be recapitalized? The MCCF will be aself-sustaining development resource, with recapitalization of the Fund through the sale of pre-approved loans to the secondary mazket. The sale proceeds from MCCF loans will go back into the Fund. Members originating MCCF loans that are sold at a discount will be required to make-up the difference between the loan's par value and it's sale price. Through this ongoing approach, the MCCF loan pool will be continually recapitalized and funds will be readily available to make new loans. What drives the price paid for a loan? Institutional investors who purchase economic development and affordable housing loans seek a market rate of return. Accordingly, loans that aze priced at market rates receive par value. Those priced above the market eam a premium, while those priced below the prevailing market are bought at a discount. How f lexible are the Fund's lending policies? The MCCF is designed to provide a great deal of flexibility in terms of borrower eligibility, interest rates, loan terms and conditions, equity requirements, etc. The Fund's lending focus will be on business and community economic development financing activities that support livable wage jobs and affordable housing. MCCF members will be encouraged to work closely with the fund manager in structuring loan packages that aze responsive to their needs. • Is there a &mit an the number of loans that a MCCF member can originate? No. The only limit is on the size of each loan that may be originated by a member from the Fund. Members will be able to originate loans of up to ten times the amount they contributed to the Fund. g C~~ Loan Criteria and Approval Process One of the primary goals of the MCCF is to provide local communities with significantly greater lending capacity and a more flexible, user-friendly development financing resource than most economic development loan programs. Therefore, the Fund is being designed with relatively few hard and fast roles concerning borrower eligibility, target interest rates, loan terms and conditions, equity requirements, c. Loans of up to [en times the amount members have contributed to the Fund may be funded through the MCCF. So, a $50,000 vestment allows a member to originate loans of up to $500,000. Whal's most important in evaluating any given loan application is: • Creditworthiness of the borsower. • Repayment ability based on cash flow analysis. • Commitment of one or more banks to participate in the financing. • Support of the local community and MCCF member. The fund manager will be directly involved in negotiating and structuring every loan package that includes a MCCF loan. Once the originating MCCF member adopts a local resolution in support of the loan application, the request will be submitted to the MCCF Loan Committee, which will consist of five members (appointed by the Board of Directors) who have experience and expertise in reviewing business and/or housing loans. The loan committee will meet on an "as needed" basis in order to expedite the loan review process, and will have [he responsibility and final authority for approving, denying, or modifying the loan terms and conditions. Once the loan committee approves a loan, the fund manager will coordinate the loan closing and sale to the secondary mazket. Fttnd Recapitalization The MCCF will be aself-sustaining development resource, with the continual recapitalization of the Fund through the sale of pre-approved loans to the secondary mazket. MCCF loans will be structured to best meet the needs of our members, the borrowers, other participating lenders, and the community. One of the primary considerations for our members as loan terms and conditions are being negotiated is how the secondary market will price the loan for purchase. Most institutional investors active in buying economic development loans are seeking a market rate of return. Accordingly, loans that aze priced at market rates receive par value, those priced above market tam a premium, and those priced below prevailing mazket rates aze discounted. Below are examples of actual economic development loan sale transactions conducted within the past year': • • A loan made to a local business to expand a processing facility carried an 8% interest race with atve-year term and ballooned at maturity. This loan had a remaining principle balance of $198,689, and was sold for $191,895 (96.5% of par). • A 10% loan made to support the expansion of adry-cleaning plant was sold at a premium when the loan balance of $27,155 was purchased for $27,969. • A nonprofit housing organization provided a loan as part of a financing package for the development of an 80-unit affordable housing development. The interest rate was at the prevailing mazket level, so the lender received paz value for the $302,000 remaining balance of the loan, which was secured by a first mortgage. • An existing loan made to a local printing company for the purchase of additional equipment was sold to recapitalize a local loan fund. At sale, [his 1D-year term loan had a principle balance of $84,520, with an interest rate of 7°,b. The seller received $81,162 or 96.03% of paz for this loan. The discounted purchase price included a 2.5% transaction fee charged by the loan broker. • A local economic development lender issued a loan at 8.5% for 20 years to fund a business expansion, and negotiated an advance commitment for the purchase of the loan at par value. *Ezamples provided by Conununity Reinvestment Fund solely for the purpose of demonstrating how the secondary market for economic development loans responds to interest rate variables. Loans originated from the MCCF pool will be subject to an advanced commitment from a secondary market buyer, such as the Community Reinvestment Fund (CRF). As such, the actual price ro be paid for MCCF loans will be known to the participating member before a formal loan commitment is made to the borrower or other participating lenders. If the price offered by the mazket is discounted from par value, the MCCF member originating the loan will be responsible for funding the difference between par value and the loan's sale price. On the other hand, if the loan is sold at a premium, the member will receive the premium payment (that amount in excess of the loan's par value). Through this approach, the MCCF loan pool will be continually recapitalized and members will be able [o originate more development loans in their communities. Membership Enrollment Schedule The pre-enrollment period for MCCF charter members is now underway. Communities and organizations are being asked to indicate their interest in becoming members of the MCCF by executing anon-binding letter of intent to join at a specified contribution level. • At the end of this period, if enough organizations have submitted LOIs, the MCCF will move forward with the preparation of all legal documents necessary to formally launch the Fund. We anticipate the start-up of the Fund sometime during the first quarter of 2002. If your organization is interested in learning more about this unique opportunity or would like to express your interest in becoming a charter member of the MCCF, please contact Scott Martin at (952) 541-9674. ~~CJ n u r 1 U Minnesota Community Capital Fund 13911 Ridgedale Drive, Suite 260 Minneapolis, MN 55305 Phone: 952-541-9674 Fax: 952-541-9684 e-mail: info®mncommunitycapitalfund.org www. mncommunitycapitalfund. org ~ ~~~ Hutchinson City Center r, LJ n U r1 LJ June 7, 2002 111 Hassan Sveel SE Hu[chlnson, MN 55750.2522 320.587-S15llFax 320.2344240 To: Honorable Mayer and City Council From: Randy DeVries, Utility Director Subject: Change Order No. 5 Attached for your review and approval is change order No. 5 (Building Safety Enhancement Additional Wor1c). I have reviewed the change order, and talked to Ed Nevers about the cost and the related issues. I will be forwarding copies to Brad Emans, Barry Grieve, Gary Plotz, and Mark Sebora for their review. Ed Nevers from Donohue & Associates will be at the June 11, 2002 council meeting, and I recommend approval. Footed an rwyded paper - g~a~ SPEED LETTER • DATE: June 6, 2002 _ TO: Randy DcVries Hutchinson Cily Ccnlcr I I I Flassnn Strecr SB Hutchinson, MN 55350 CON I'RnC'f: Binsolids Drying Syslcm Gcncrd (uushudiun ~~ scxm I rnn on rxwe 511[apVGAN, WI530111 I`I Ir)Nr nzc};~>707!76 rAX 9R1-: (Y~ (Y702 PROIGCI' NO.: ID159 MESSAGE: Building Safety Enhancement Additional Work-Change Orrler No. 5 Randy, attached are four copies of change order number 5 to Rice Lnke's contract to complete the building safely enhancement additional work items. This change order adds an additional $107,074.00 to the contract amount. The building enhancement safety features are briefly described as follows- • Fire suppression and water deluge system in the dryer and fan rooms which will activate in a fire related emergency. • Panic hardware on selected doors within the building to facilitate emergency egress. • Addition of fire rated doors in selected areas. • Ventilation unit manual shut-off which will slop the ventilation units in the dryer room in an emergency. • Additional explosion venting. These additional building safely enhancements were the result of conversations with your local building official, Barry Grieve, and the City's decision to proceed with the added safety features. We have reviewed the cost proposal and supportive cost information provirJed by the contractor and his subcontractor's Thal will be cornpleling the work. The initial cost proposal totaled $122,731, of which approximately $68,449 was for the installation of the fire suppression and water deluge system. W e did not agree with that cost, and asked the contractor to obtain another competitive quotation from a second fire suppression subcontractor. The contractor then received a second quotation of $52,245 for that work We are in agreement with that cost estimate. We also had the fire protection and HVAC designers from EarthTech, who developed that part of the design, review and evaluate the contractor proposed costs. They are also in agreement with the revised cost inforrnalion/ The original estimate for this work, developed last October, was for $70,000, but did not include costs for adding fire rated doors, exlendin the uy. David Froh, WI PE Cnpy: )id Nevcrs w/auach Scott Young/Gcorl;c Iteurlcr a~/alt Donohue Sheboygan Office Donohue Field Office fire suppression system info the fan room, ~j]rDONO1h1 UE`~ Page 1 ola, ~~a~ Hutchinson Biosolids Drying Facility General Gonsiruclion • 06/06/02 providing the HVAC equipment manual shut-oft in rnulliple locations, and did not account for the design and permit approval costs of the actual fire suppression system- lladitionally, the actual "nuts and bolts" design and layout, as well as obtaining the construction permit, is done by the fire protection contractor that is certified to complete that type of specially work. When these items are (adored into our cost, we are very close to the contractor's revised cost of $107,074.08. The contractor has staled that it will take approximately 2-3 months to complete this work, which includes the fire protection design and approval, and the Inbricalion and cloliveiy of the explosion venting. This change order and ifs supporting docurnentalion are provided hx your review and acceptance. Please contact Ed Nevers or me if you have any questions on Ihis information Sincerely, Attach: 4 copies o1 Change Order No. 5 • Also copy to: Kerry Pylka, Rice Lake Contracting I L g~~ Page 2 of 2 A7"['AC(IMEN'I' A CITY OP IRITCHINSON, MINMI4O'1'n Biosohds Drying Facility-Gnhanccd Building Safely Ingtnncntcnts June G, 2002 "[ he following items arc being added to the pntjeci as defii-red below: I. fire Suppressimt and Walet- Deluge Systeurs. (Reference InfonnaUOn I'ncket Iattached). Add a fire suppression system to nc~ dryer and f~ut rooms, and a w;ucr deluge system around the conveyor wall penetration. Sec Reference Packet I for detailed infnrmalionwhich includes Ihe technical spccitication and Iwo drawings. '1'hc syslcnts installer shall :rlsn submit m and nhlain Gam the appropriate reviewing and rcguhttory agencies proper approval of the design, inslallalion, and systcnts reslmg. 2. Panic Ilatthvarc. (Rclcrcncc htlonnalion I'ackcl 2---attached) Provide panic hard.v:mc on doors 102, lot, IQS, 107, and 108: and on the active Icaf of door 109. Panic hardware to consist of nxxlise panic device, trim, and appropriate aceeesa ics lu match esislinK hardware. Representative conversion parts are provided by one harzhvarc rcprescnlalivc for • reference. 3_ Fire rated doors. (Reference htlonnalion Packet 3-attached) I2cpluce existing doors 101 and 102 with "[1" (2 hour fire-nucd) doors. Window glass not required. Give existing doors to owner. An option, would 6c to amvcrt Ihe doors In fire-rated doors, if this wold be more economical. 4. Veulilation writ manual shutoff. (Rclcrcncc Inlonunlion Packet 4-anadtcd) Provide a single source manual opcrtlal shutoff outside the building far the dryer room vcmila Una units. Nlore infonnalion to be provided shortly. Rclcr to Nolc 6 on Urewing I(N)-I'P-I. $, Additional explosion venting. (Reference Infornruion 1'ackcl 5--crunched) Provide additional explosion vcnling in the west wall over the overhead door and n snutllcr explosion vent north of the east wall louvcrs_ Provided explosion vcnling similar to Ihal already provided on Ihe. project and meeting the requirenteuls as dclincd in Ihe original Specification Section 13071_ n copy oC Ihe technical section and location drawings arc included in Packet 5 far case of reference. Refer Io Ihe attached drawings Cor venting locations, overall veal sizes, lintel requirements, and lintel constnrction, and miscellaneous constnrclion details, Ucncrnlly speaking, Ihe inslallauon of the additional venting shall be as shown in Ihe exisliug conlntd drawings_ Ihovide ^nrch-up paiNing Ht the inferior and exterior masonry surGrces, as ahpropri:de, after vcnling inslallalion, to match existing conditions. 'I'olal add ro contract $107,074.08 4 ~d) • • General information: • Costs shall include preparation and suhmiUal of .chop drnvings understanding of Lhe work to be completed. • Coordinate installation schedule wish the Owucr. • Refer to the attached drawings for general information on room infortnalion. • Complete the work in accordance with the existing contract documents. ALLachmenLs: demonstrating acceptable I:ryuut and other general • Attached ,to this docuntenl is additional cost information provided by the conlrxlor and subcontractors in support of Ihcir eslintalcd costs m rnmplclc. This additional work. g~d~ w v ~ w ~ V e ~ `n O +~L W (~ G 0 J G .c :~ ~ (J <5 ~ C-a raM ~ ~~ 1 fCL V I+~ yf Q ti O d 0.9 .C u "~ C v V v D C 4. ed (~ .C c an W C ~, Ctl .~ w ~ O Lh O rw y "' Pi u 'n' in G v v L '~ W QY a~i !tl ar FN I.M Wn+ W H T 7. 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Y 4. ~ _ U a p ,~ v ( F L a ~= ~ ; ! i ~ 'l Y J ~:.~ '.f 't 5 '1 ~) M1) Vim]) V) /1 1. (.?,_ J' l~ (,. IL n I/ LL. VI Il] C- [Y V) ICJ „, @) ai ° n ~ ;> > ~ ~, ia~ ~ u. ~, a v a u. b r ~ ~, E ~ G= O a _. c i ~~ GI (J i. .. G m v ]' m ~~i r. c~ c.~ I ._1 > > ' ,~+ y nI J 1 !Y fv„ (TJ {.. (A ~ .~'. l J .( • • CIiANGI? OHIJEK NO. 5 CHANGE ORDER COMMGNCEMEN"I' OI' DATE OF ISSUANCE tune G, 2(102 CONTRACT' l'IMI; May_4 2000 __ OWNER Cily of Hutchinson, Minnesota CONTRACTOR Rice Lake Conn-acline CoQ,oralion ,_ .__ _ ___ _ _ _ I'ROJEC'P IJiusolids Uryiu>; AJJiliun-Gcucral Gmsuvcliun C'ON"I'IiACI' NO. N!A ENGINGER Uunohuc & Associates. Inc. YOU ARE DIRECTED TO MAKG THE FOLLOWING CHANGC:S IN'rliE CONTRACT' U(X_'IIMI?NI:S DESCRIPTION: SEC AiTACHMGN"I"'A." REASON POR CHANGE ORDER: SEIi ATI'ACIIMIiN"I"'A." A"I"I'ACIIMIiN'fS: KI"I'ACIIMIiN'I"'A"UA"1'IfDJlING6,"2_lN)2,ANI)CO,ti~I'ti11PPC)Ii~I~INriUA'I'A. CHANGE IN CON'T'RACT' PRICE Original Conlracl Price: B 1,432,000.00 Nc1 incrcase (decrease) from previous Change Orders: 3 62 37$.17 Ncl increase (decrease) of ibis Change Order S 107,074.08 ' Revised Conlracl Price: $ I.G01.452.25 CHANGE IN CON'IRACI"TIMES Grl Ll llill COIIII aCl 'I I IIICS: (dnu, nr rldlrvl SlIh51a 1111:11 C III II pIC 111111: OLIUhCr 23, 2000 _ ___ ILcady for I~innl Paynlcnl : _ Novclnbc_r_27 ZINAI NCI Illel Ca SC ldPCl e:1Se) fr1,111 prCVIUUF CIIa11gC GrdcrS (rLgal Sahslnulial Cnngdclion_ 4G Ready for I~in:d I'aynlrnl : ___ 3y _--_--_-- - --- Ncl incrcase (dcu Casa) o f This Change Order_ b/nr.d SubslanGal ('ongdclion: __ *scc IgYCr dated G!G/02_ _ Ready for I-~inal I'aynlcnl : _ "sec Teller dated G/G/U2_ RCVISCd C111111'Bel T'1111C$: (Jrr to rrr datr?) -_~--- Suhslamial Cungtleliou: _ December 8, 20W Rudy for Final Paynlcnl: _ _Jalnlnry_5 2001 CONTRACTOR agrees Thal this Chnnge Order includes airy and all costs associated wish or recalling from the change ordered herein, including all impacts, Jclays, and accclcnlcd rnsls- Olhcr than the dollar :unoum and lime allnwnncc IislcJ above. there shall be no other dollar or lime compensation ers a result of this Change Order. THIS DOCUMENT SFiALI. BECOME AN Ah11:NDh1GN"I'TO TIII: CONT RAC9 ANU ALL STIPULATIONS AND COVL•NANT'S OF THE CONTRACT SIiALL AI'I'LY IIERE7'O. RECOMM IJy: _ Date: ;WEER (slgnalurq 6 '6 •ov Donohue & Associates, Inc. Project No. 10159 AI'PROVEU: u~ OWNER i.ripnnnur) Dntc: nccl:r rLn: 111' -- - - CON'hRAC'I'Olt f?ignnmrr) Dane: GHANGEORDER ~L~~ CITY OF HUTCHINSON PLANNING STAFF REPORT • To: City Council Prepared By: Julie Wischnack, AICP, Director of Planning/Zoning/Building Date: June 6, 2002 -Meeting Date June 11, 2002 Re: Annexation of Jefferson Street Area As the City Council is aware, the City has started annexation proceedings for the Jefferson Street neighborhood. The annexation was filed as a "perimeter acreage" annexation by ordinance. This type of annexation follows a process, which allows the township 90 days to provide feedback. The 90 days would expire on July 22, 2002. The City has also approached Hassan Valley Township with an orderly annexation agreement and attended their meeting in May. The township tabled action on the matter and will be considering the orderly agreement on June 13, 2002. The benefit of an orderly annexation agreement is it would allow the township to stipulate aphased-in tax rate for the property owners. The other benefit would be a shorter time frame for processing the annexation. Attached is the orderly annexation agreement and materials explaining annexation statute. If you have any questions, you may contact me at 320-234-4258. • ~C~ • Possible Methods of annexing Jefferson Street Area 414.033 Annexation by ordinance. Subdivision 1. Unincorporated property. Unincorporated property abutting a municipality may be annexed to the municipality by ordinance as provided for in this section. Subd. 2. Conditions. A municipal council may by ordinance declare land annexed to the municipality and any such land is deemed [o be urban or suburban m character or about to become so if: (1) the land is owned by the municipality; (2) the land is completely surrounded by land within the municipal limits; (3) the land abuts the municipality and the area to be annexed is 60 acres or less, and the area to be annexed is no[ presently served by public sewer facilities or public sewer facilities are not otherwise available, and the municipality receives a petition for annexation from all the property owners of the land; or (4) [he land has been approved after August 1, 1995, by a preliminary plat or final plat for subdivision to provide residential lots that average 2],780 square feet or less in area and the land is located within two miles of the municipal limits. Subd. 2a. Repealed, 1997 c 202 art 5 s 9 Subd. 2b. Notice required. Before a municipality may adopt an ordinance under subdivision 2, clause (2), (3), or (4), a municipality must hold a public hearing and give 30 days' written notice by certified mail to the town or towns affected by the proposed ordinance and to all landowners within and contiguous to the area to be annexed. Subd. 3. Perimeter, acreage requirements. If the perimeter of the area to be annexed by a municipality is b0 percent or more bordered by the municipality and if the area to be annexed is 40 acres or less, the municipality shall serve notice of intent to annex upon the town board and the municipal board, unless the area is appropriate for • annexation by ordinance under subdivision 2, clause (3). The town board shall have 90 days from the date of service to serve objections with the board. If no objections are forthcoming within the said 90 day period, such land may be annexed by ordinance. If objections are filed with the board, the board shall conduct hearings and issue its order as in the case of annexations under section 414.031, subdivisions 3 and 4. Subd. 4. Repealed, 1978 c 705 s 33 The area is 70% bordered by the City and is 39.47 acres in size Subd. 5. Petition, objections. If the land is platted, or, if unplatted, does not exceed 200 acres, a majority of the property owners in number may petition [he municipal council to have such land included within the abutting municipality and, within ten days thereafter, shall file copies of the petition with the board, the town board, the county board and the municipal council of any other municipality which borders the land to be annexed. Within 90 days from the date of service, the town board or the municipal council of such abutting municipality may submit written objections to the annexation to the board and the annexing municipality. Upon receipt of such objections, the board shall proceed to hold a hearing and issue its order in accordance with section 414.031, subdivisions 3 and 4. If written objections are not submitted within the time specified in this section and if the municipal council determines that property proposed for the annexation is now or is about to become urban or suburban in character, it may by ordinance declare such land annexed to the municipality. If the petition is not signed by all the property owners of the land proposed to be annexed, the ordinance shall not be enacted until the municipal council has held a hearing on the proposed annexation after at least 30 days' mailed notice to al] property owners within the area to be annexed. Subd. 6. If also in board proceeding. Whenever a proceeding for annexation is initiated under this section and all or any part of the land is included in another boundary adjustment proceeding pending before the board, no action thereon shall be taken by the municipality, unless otherwise provided by an order of the board, until fmal disposition has been made of the petition pending before the board. Under this section the board will accept a waiver from all parties having a right to object, stating they have no objections to the proposed annexation and waiving the 90 day period before an annexation ordinance may be adopted. n ~~~~ Jefferson Street -Page 2 . April 12, 2002 -reprinted May 9, 2002 414.0325 Orderly annexations within a designated area. Subdivision 1. Initiating the proceeding. One or more townships and one or more municipalities, by joint resolution, may designate an unincorporated area as in need of orderly annexation. The joint resolution will confer jurisdiction on the board over annexations in the designated area and over the various provisions in said agreement by submission of said joint resolution to the executive director. The resolution shall include a description of the designated area and the reasons for designation. Thereafrer, an annexation of any part of the designated area may be initiated by: (1) submitting to the executive director a resolution of any signatory to the joint resolution; or (2) the board of its own motion. Whenever a state agency other than the pollution control agency, orders a municipality to extend a municipal service to an area, such an order will conferjurisdiction on the Minnesota municipal board to consider designation of the area for orderly annexation. If a joint resolution designates an area as in need of orderly annexation and states that no alteration of its stated boundaries is appropriate, the board may review and comment, but may not alter the boundaries. If ajoint resolution designates an area as in need of orderly annexation, provides for the conditions for iLs annexation, and states that no consideration by the board is necessary, the boazd may review and comment, but shall, within 30 days, order the annexation th accordance with the terms of [he resolution. Subd. la. Electric utility service notice. At least 60 days before a petition is filed under this section or section 414.033, the petitioner must notify the municipality that the petitioner intends to file a petition for annexation. At least 30 days before a petition is filed for annexation, the petitioner must be notified by the municipality that the cos[ of electric utility service to the petitioner may change if the land is annexed [o the municipality. The notice must • include an estimate of [he cos[ impact of any change m electric utility services, including rate changes and assessments, resulting from the annexation. Subd. 2. Hearing time, place. Upon receipt of a resolution for annexation of a part of the designated area, the executive director shall set a time and place for a hearing in accordance with section 414.09. Subd. 3. Board factors, order. In arriving at its decision, the boazd shall consider the factors in section 414.031, subdivision 4. Based upon factors in section 414.031, subdivision 4, the board may order the annexation: (a) if it finds that the subject area is now or is about to become urban or suburban in character and that the annexing municipality is capable of providing the services required by the area within a reasonable time; or (b) if it fords that the existing township form of government is not adequate to protect the public health, safety, and welfare; or (c) if i[ finds that annexation would be in the best interests of the subject area. The board may deny the annexation if it conflicts with any provision of the joint agreement. The board may alter the boundazies of the proposed annexation by increasing or decreasing the area so as to include that property within the designated area which is in need of municipal services or will be in need of municipal services. If the annexation is denied, no proceeding for the annexation of substantially the same area may be initiated within two years from the date of the board's order unless the new proceeding is initiated by a majority of the area's property owners and the petition is supported by affected parties to the resolution. In all cases, the board shall set forth the factors which are the basis for the decision. Subd. 4. Effective date of annexation. The board's order shall be effective upon the issuance of the order or at such later time as is provided by the board in its order. A copy of the annexation order must be delivered immediately by the executive director of the Minnesota municipal board to the appropriate county auditor or auditors. For the purposes of taxation, if the annexation becomes effective on or before August 1 of a levy year, the municipality may levy on the annexed area beginning with that same levy year. If the annexation becomes effective after August 1 of a levy year, the town may continue to levy on the annexed area for that levy year, and the municipality may not levy on the annexed area until the following levy year. ~~e~ Jefferson Street -Page 3 • April 12, 2002 -reprinted May 9, 2002 LJ • Tax Pay Back and Tax Rate Adjustments To the Township: 414.033 Subd. 12. Property taxes. When a municipality annexes land under subdivision 2, clause (2), (3), or (4), property taxes payable on the annexed land shall continue to be paid to the affected town or towns for the year m which the annexation becomes effective. if the annexation becomes effective on or before August 1 of a lery year, the municipality may levy on [he annexed area beginning with that same levy year. If the annexation becomes effective afrer August 1 of a levy yeaz, the town may continue to levy on the annexed area for that levy year, and the municipality may not levy on the annexed area until the following levy year. In the first year following [he year when the municipality could first levy on the annexed area under this subdivision, and thereafter, property taxes on the annexed land shall be paid [o the municipality. In the fus[ year following the year [he municipality could fast levy on [he annexed area, the municipality shall make a cash payment to the affected town or towns in an amount equal to 90 percent of the property taxes distributed to the town in regard to the annexed area in the last year the property taxes from the annexed area were payable to the town; m the second year, an amount equal to 70 percent; in the third year, an amount equal to 50 percent; in the fourth year, an amount equal to 30 percent; and in the fifth year, an amount equal to ten percent. The municipality and the affected township may agree to a different payment. The tax payment to the township would be - Amount of dollars paid to the Township After annexation Current Township Tax Payment Amount $3, 378.83 Year 1 - 90% $3,040.95 Year 2 - 70% $2,365.18 Year 3 - 50% $I, 689.41 Year 4 - 30% $1, 013.65 Year 5 - 10% $ 337.88 414.036 Municipal reimbursement. When a board order under section 414.0325 annexes part of a town [o a municipality, the orderly annexation agreement between the town and municipality may provide a reimbursement from the municipality to the town for all or part of the taxable property annexed as part of the board order. The reimbursement shall be completed in substantially equal payments over not less than two nor more than six years from the time of annexation. ~Ce~ Jefferson Street -Page 4 April 12, 2002 -reprinted May 9, 2002 Personal Property Tax 4]4.035 Dil7erential taxation. Whenever a board order, under section 414.031, 414.0325, or 414.033, annexes part or all of a township to a municipality, the boazd may provide that the tax rate of the annexing municipality on the area annexed shall be increased in substantially equal proportions over not more than six years to equal ity with the tax rate on the property already within the municipality. The appropriate period, if any, shall be based on the time reasonably required to effectively provide full municipal services to the annexed area. • 1 ~~ $100,000 Tax Capacity - $],000 $150,000 Tax Capacity - 51,500 $200,000 Tax Capacity - $2,000 Current Year within Hassan Valley 5124.57 $186.86 $249.14 Year I $232.50 $348.75 $465 Yeaz 2 5340.57 $510.85 $681.14 Year 3 $448.57 $672.86 $897.14 Yeaz4 $556.57 $834.86 $1,113.14 Year 5 $606.57 $909.85 $1,213.14 Year 6 $669.06 $1003.59 $1,338.12 v 96 Existing CM Llmlts ~, ~ 4ab~ LIM a~ m ~ -~-__ hopo atl Annexi5on by ® ® ONirtwxv CHy d HutWinwn vL APrf111, 1001 av ~ x m m mi m Possible CI1 Llmlts MIO ~Ce~ County of McLeod • State of Minnesota City of Hutchinson Resolution No. 11952 Township of Hassan Valley Resolution No. JOINT RESOLUTION OF THE CITY OF HUTCHINSON AND THE TOWNSHIP OF HASSAN VALLEY AS TO THE ORDERLY ANNEXATION OF PROPERTY WHEREAS, the City of Hutchinson ("City") and the Township of Hassan Valley ("Township°) desire to enter into an agreement allowing for the orderly annexation of certain property, pursuant to Minnesota Statute 414.0325, Subdivision 1: and WHEREAS, the City and the Township are in agreement concerning the immediate annexation of the property identified in Exhibit A; and WHEREAS, the City's current plan proposes to provide municipal waste water treatment, municipal storm sewer, municipal water service and municipal road to the area described on Exhibit A because of public health issues; and WHEREAS, it is in the best interest of the City, the township and their . respective residents do agree to an orderly annexation in furtherance of orderly growth and the protection of the public health, safety and welfare; and WHEREAS, the parties hereto desire to set forth the terms and conditions of such orderly annexation by means of this Resolution; NOW, THEREFORE, BE IT RESOLVED by the City of Hutchinson, McLeod County, Minnesota, that the following terms, conditions and agreements shall become binding upon the City and the Township: 1. Upon approval by the respective governing bodies of the City and the Township, this joint resolution shall confer jurisdiction upon Minnesota Planning -Municipal Boundary Adjustments (hereinafter "Minnesota Planning") to accomplish the orderly annexation of the lands described in the attached Exhibit A in accordance with the terms of this joint resolution. 2. Pursuant to Minnesota Statutes 414.0325, subdivision 1, the parties do hereby designate the area described in the attached Exhibit A as an Orderly Annexation Area in need of orderly annexation. The described Orderly Annexation Area consists of approximately 39.47 acres. • gCe~ Orderly Annexation Agreement Hassan Valley Township Resolution No. Page 2 • 3. The parties acknowledge that, while the City is authorized to provide municipal waste water treatment services, municipal storm sewer services, road and municipal water services to the property described in Exhibit A, the timing, design and scope of such services remains within the sole discretion of the City. 4. The City covenants and agrees that it will preserve the drainage functions of all drain tiles located within the Orderly Annexation Area by designing and constructing a municipal storm sewer system and allocating the costs thereof as described in this resolution, to the extent that the future development of properties within the Annexation area shall not significantly adversely impact existing drainage in the areas of the Township outside the orderly Annexation Area as such drainage exists at the time of the signing of this agreement. 5. For all property annexed pursuant to this Joint Resolution, the City shall remit to the Township, property taxes as follows: a. Property taxes payable on the annexed area for the year in • which the annexation becomes effective shall be paid to the Township. Thereafter, property taxes shall be paid to the city but shall be apportioned as listed below, and the City shall make a cash payment to the Township yearly in the following amounts: 1. In the first year following the year in which the land was annexed, 90% of the property taxes paid to the Township in the year the land was annexed; 2. In the second year following the year in which the land was annexed, 70% of the property taxes paid to the Township in the year the land was annexed; 3. In the third year following the year in which the land was annexed, 50% of the property taxes paid to the Township in the year the land was annexed; 4. In the fourth year following the year in which the land was annexed, 30% of the property taxes paid to the Township in the year the land was annexed; • ~~~~ Orderly Annexation Agreement Hassan Valley Township Resolution No. Page 3 • 5. In the fifth year following the year in which the land was annexed, 10% of the property taxes paid to the Township in the year the land was annexed. b. Thereafter all property taxes from the described property shall be paid to the City. 6. Section 414.0325, allows for and the City hereby stipulates the tax rate of the annexing municipality on the area annexed shall be increased in substantially equal proportions over not more than six years to equality with the tax rate on the property already within the municipality. 7. This Joint Resolution may be amended from time to time by the City and the Township upon such terms as are mutually acceptable to the parties. 8. The City and the Township mutually state that no alteration by Minnesota Planning to the boundaries as described on Exhibit A ("the orderly annexation area") is appropriate or permitted. • 9. Having designated the area described on Exhibit A as in need of orderly annexation, and having provided for all of the conditions of its annexation within this document, the parties to this agreement agree that no further consideration by Minnesota Planning is necessary. As such, Minnesota Planning may review and comment, but shall, within thirty (30) days of the date of receipt of this Joint Resolution for Orderly Annexation, order the immediate annexation of the properties and land described in the attached Exhibit A in accordance with the terms of this Joint Resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THIS DAY OF .2002. Marlin Torgerson Mayor • Gary D. Plotz City Administrator BC~-~ Orderly Annexation Agreement Hassan Valley Township Resolution No. Page 4 ADOPTED BY THE HASSAN VALLEY TOWNSHIP BOARD THIS DAY OF ,2002 Carl Runke, Chair Hassan Valley Township Shirley Troska, Clerk Hassan Valley Township • f'1GROUPSIENGINIPLANNING~.4nnexatlonUeffersonStlOrderly Annexation Agreement.doc • ~Ce~ RSSAPPYREG 9999.1015 170778 - i • LOG20000 117061 N11102 6111102 ~1vaz 6-11roz 6/11/02 6111!02 6/11/02 671 vo2 6111!02 6!17702 6111!02 8!11!02 8111/02 8171!02 6!71102 fi/11/02 6/71/02 6!11102 6/11102 6/71!02 6/11!02 6/11!02 eft vo2 6/11102 6!11102 6!11102 6/11102 s~17roz fir! vat eullroz erllroz 8/11102 6111/02 s/t troz 6171roz srllroz &17702 &17702 6!7 7102 6177ro2 6!17!02 8111!02 6171!02 BH7/02 e/nro2 8117102 6r1 1702 6777roz 6!11102 s~17ro2 CITY OF HUTCHINSON AP Payment Ra9lster 6711/02 15:45:10 Page - 1 Type Check # Venda Name Amount Void Amount Payment Typa PK 110776' 102202 ABDO ABDO EICK & MEYERS 9,000.00 Check Payment PK 110777 102126 ACE HARDWARE 3,709.59 Check Payment PK 110778 113708 ADVANCED PRODUCTION TECHNOLOGI 1,287.38 Check Payment PK 110779 109312 ADVANCED WEIGHING SYSTEMS INC 250.00 Check Payment PK 110780 773723 ALSLEBEN, BEVERLY 30.00 Check Payment PK 110781 107549 AMERICINN 214.32 Check Payment PK 110782 102430 AMERIPRIDE LINEN 8 APPAREL 138.57 Check Payment PK 110783 107904 ANDERSON DOVE FRETLAND 8 VAN V 246.35 Check Payment PK 710784 101897 PNDERSON'S DECORATING CENTER 55.36 Check Payment PK 770785 105204 ARCTIC GLACIER PREMIUM ICE 249.60 Check Payment PK 710786 111041 ARROW TERMINAL LLC 740.49 Check Payment PK 710787 102789 B 8 B SPORTS 50.39 Check Payment PK 110788 102128 BARGEN INC 9,561.00 Check Payment PK 110789 709830 BARLAU, DECOKES 24.00 Check Payment PK 110790 702943 BAUERLV COMPANIES 26.28 Check Payment PK 110791 702039 BENNE7T OFFICE TECHNOLOGIES 45174 Check Payment PK 170792 173667 BENNEV, AL 125.00 Check Payment PK 170793 707976 BERNICK COMPANIES, THE 766.10 Check Payment PK 710794 709291 BLAKE, TONY 128.00 Check Payment PK 710795 703665 BP 9.51 Check Payment PK 710796 701987 BRANDON TIRE CO 260.47 Check Payment PK 170797 713662 BURICH, CHARLES 48.00 Check Payment PK 110798 10245fi C & L DISTRIBUTING 39,870.05 Check Payment PK 170799 102086 CADD/ENGINEERING SUPPLY 228.06 Check Payment PK 170800 102092 CARR FLOWERS 26.83 Check Payment PK 110807 102095 CASH DRAWER #4 37.60 Check Payment PK 110802 103074 CDI OFFICE PRODUCTS LTD 653.87 Check Payment PK 110803 102743 CENTRAL LANDSCAPE SUPPLY 38.50 Check Payment PK 110804 110865 CHOICEPOINT SERVICES INC SB.00 Check Payment PK 110805 105423 DINDY'S HOUSE OF FLORAL DESIGN 28.78 Check Payment PK 110806 703084 CITGO 263.58 Check Payment PK 110807 702179 CLAREYS SAFETY EQUIP 87.50 Chock Payment PK 110808 112794 CLAYBAUGH PRESERVATION ARCHITE 919.80 Ghedc Payment PK 170809 102741 COBORN'S INCORPORATED 868.70 Check Payment PK 710810 102432 CONSTRUCTION BULLETIN 840.78 Check Payment PK 770811 104593 CONVENOR DESIGN 1,802.00 Check Payment PK 110812 702484 CORPORATE EXPRESS 502.78 Chetlc Payment PK 710813 704580 COUNTY NEWS 209.99 Check Payment PK 770814 702892 CROW RIVER ARTB 220.00 Check Payment PK 170815 102050 CROW RIVER AUTO 727.45 Check Payment PK 710878 102121 CROW RIVER VET CLINIC 1,454.08 Check Payment PK 110817 101884 DARK REFRIGERATION 119.30 CherJ1 Payment PK 110878 104190 OAGGETT, BARBARA 78.00 Chetlc Payment PK 170879 102488 DAY DISTRIBUTING 4,494.20 Checc Payment PK 110820 102698 DEVRIES, RANDY 883.00 Chetlc Payment PK 110821 102843 DIAMOND 5 CONSTRUCTION 1,588.59 Check Payment PK 110822 703755 DMZ SOFTWARE 125.00 Chxk Payment PK 170823 7051 B2 DOBRATZ, CHRIS 149.95 Check Payment PK 110824 102393 DON HUME ~ 840.58 Check Payment PK 110825 713727 DOUGLAS, LIBBY 59.98 Check Payment Skip In Check Sequence a Dupllcete Check V • Va7d CITY OF HUTCHINSON fY11/02 75:45:10 R55APPYREO LOG20000 AP Payment Regiuler Page - 2 9999.1015 110776 - 171061 i~ Check Date Type Check# Vendor Name Amount Vold Amwnt Payment Type 6/17102 PK 110826 102275 OPC INDUSTRIES INC 669.73 Chetlc Paymerrt 6!11102 PK 110827 103753 DUBOIS CHEMICALS 106.82 Check Payment 6!11102 PK 710828 173701 DUFIJOW, JESSIE 20.00 Chetlc Payment 6!11102 PK 110829 102647 DYNA SYSTEMS 310.00 CAegc Paymerrt 6111/02 PK 710830 102324 EARL F. ANDERSEN, INC 242.07 Check Paynlem 6111/02 PK 110837 104415 EP.RTH TECH 1,102.00 Check Payment 6117/02 PK 110832 102354 ECONOFOODS 293.35 Check Payment 6117!02 PK 710833 113668 FILTRA TECH SYSTEMS 75.42 Check Payment 6!77102 PK 710834 7028% FORTIS BENEFITS 2,490.79 Check Payment 6!11/02 PK 170835 102526 G 8 K SERVICES 2,657.82 Check Payment 6111/02 PK 110836 102700 GA.THOMPSON CO. 518.49 Check Payment 6!11!02 PK 110&37 104653 GARD SPECIALISTS 337.46 Check Payment 6!71102 PK 110838 103340 GEB ELECTRICAL INC 3,952.40 Check Payment 6111102 PK 770839 102316 GENE'S TOWING 3727 Chadc Payment 6!77102 PK 770840 109728 GLENCOE-HUTCH AGRONOMY JN 7,442.33 Check Payment 6/17/02 PK 170841 713699 GOEBEL, JOSH 20.00 Check Payment &17/02 PK 770642 713659 GDEBPl, VIRGIL 24.00 Check Payment &'17/02 PK 110843 702087 GRAINGER PARTS OPERATIONS 939.60 Check Paymerrt 6111!02 PK 110844 101874 GRIGGS 8 COOPER 8 CO 2,035.75 Chock Payment 8111!02 PK 110845 701888 GRIN0. LISA 40.00 Check Payment 8/1 tl02 PK 110846 112959 GRUBER PALLETS, INC 2,000.00 Check Payment 8/17/02 PK 110847 113675 HAARSTAD OFFICE PRODUCTS SERV 28,517.67 Check Payment 6/77102 PK 170848 102451 HANSEN DIST OF SLEEPY EYE 957.70 Check Payment 6!77/02 PK 770849 101958 HANSON 8 VASEK CONSTRUCTION 308.00 Check Payment 6/17/02 PK 170850 103013 HAROLD SANDGREN ICE SERV 147.06 Check Payment • 6111/02 PK 110857 108799 HARRIS COMPANIES 283.14 Check Peynlenl 8!11102 PK 770852 173671 HEARTLAND SIGNS 8 VEHICLE GRAD 988.32 Check Peymenl 6/71102 PK 710853 705493 HEARTLAND TIRE & SERVICE 124.67 Check PeymeM 6111/02 PK 110854 703059 HEMMAH, LLOYD 218.00 Check Payment 6!17102 PK 170855 102701 HENRY 8 ASSOCNTES 143.39 Check Payment 6177!02 PK 110856 102531 HENRYS FOODS INC 227.46 Check Payment 6'77/02 PK 110857 113873 HERGENRADER, DAVID 50.00 CherJC Payment 6111/02 PK 710858 713683 HERMANN, DELMER 30.00 Check Payment 81111(Y1 PK 110859 701915 HERMEL WHOLESALE 120.79 Chetlc Payment 8171!02 PK 110860 113778 HICIO_ER, DEB 38.00 Chetlc Payment 8/77/02 PK 170867 702518 HILLYARD BOOR CAREMUTCHINSON 679.03 Check Payment 6/77/02 PK 770862 717035 HOISINGTON KOEGLER GROUP INC 6,880.25 Check Payment 6/11102 PK 710863 104717 HOLIDAY INN 736.40 Check Payment N77l02 PK 170889 102719 HOLT MOTORS INC 273.70 Chetlc Payment &77102 PK 110866 109688 HOLTZ, DELORES 24.00 Check Payment 8117/02 PK 110886 103288 HOVERSTEN, LEAH 138.00 Check Peynlerlt 8!11102 PK 110887 702319 HUTCHINSON AREA HEALTH CARE 5,414.85 Checc Payment &11/02 PK 710888 108389 HUTCHINSON AUTO CENTER 543.48 Check Payment 6!71/02 PK 110869 705329 HUTCHINSON BUMPER TO BUMPER 58.25 Check Payment 8/11!02 PK 1101770 102530 HUTCHII4SON CO-0P 17.00 Check Payment 6/11!02 PK 110871 102533 HUTCHINSON CONVENTION B VISITO 8,827.00 Check Payment 8/77102 PK 170872 102537 HUTCHINSON LEADER 6,768.53 Check Payment fll11l02 PK 170873 102538 HUTCHINSON MEDICAL CENTER 339.00 Check Payment 6/71102 PK 170874 702547 HUTCHINSON TELEPHONE CO 8,827.71 Check Peymem 8111102 PK 110875 102542 HUTCHINSON UTILITIES 31,051.42 Check Payment =Skip In Check SeQuence or Dupllmte Check • V ~ Vold CITY OF HUTCHINSON Bl11/02 15:45:10 RSSAPPYREG LOG20000 AP Payment Raglsler Page - 3 9999.1015 110776 - 111961 • • Check Date Type Check # Venda Neme Amount Vdd Amount Payment Type 6111102 PK 110876 102543 HUTCHINSON WHOLESALE 2.580.18 Check Payment 6/11!02 PK 710877 101869 HUTCHINSON, CITY OF 1,024.00 Check Payment 6!17102 PK 710878 102633 HUTCHINSON, CITY OF 49,488.24 Ctaic Paymem 6177102 PK 770879 102635 HUTCHINSON, CITY OF 4,409.57 Check Payment fi111/02 PK 110880 102696 HUTCHINSON, CITY OF 7,082.18 Cherie Payment 6171/02 PK 770887 103098 HUTCHINSON, CITY OF 40,835.39 Check Payment 6/11!02 PK 170882 103246 HUTCHINSON, CITY OF 8,794.69 Check Payment 6171/02 PK 17D883 105160 HUTCHINSON, CITY OF 18,088.71 Check Payment 6/71/02 PK 710884 102779 INDEPENDENT SCHOOL GIST. #423 5,368.88 Check Payment fi/11/02 PK 110885 102272 INDIANHEAD SPECIALTY CO 82.45 Check Paymali 6/11!02 PK 110886 703520 INTERSTATE BATTERIES 292.98 Check Payment 6/17!02 PK 110887 702062 JACK'S UNIFORMS & EQUIPMENT 3,909.74 Chock Payment 6/17!02 PK it01788 702334 JACKSON BGIBBENS 157.85 Chock Payment 6/71!02 PK 110889 102208 JEFFS ELECTRIC fi09.26 Check Payment 6111!02 PK 110890 173893 JENSEN, CHRIS 18.00 Check Payment 6171102 PK 110897 102652 JERRYS TRANSMISSION 287.20 Check Payment &11102 PK 110892 102556 JOES SPORT SHOP 27.00 Check Payment 6171/02 PK 710893 107938 JOHNSON BROTHERS LIQUOR CO. 11,512.47 Check Paymlenl 6111/02 PK 110884 104706 JOHNSON, JULIE 18.00 Check Payment 6111102 PK 770885 113874 JONES, JERRYS BREITKREUTZ ROO 2,688.00 Check Payment 6111/02 PK 770898 173694 JUERGENSEN, JOSH 44.00 Chock Peymenl &17102 PK 770897 102555 JUUL CONTRACTING CO 21.00 Check Payment &77102 PK 710898 102555 JUVL CONTRACTING CO 1,218.50 Check Payment 6!11/02 PK 110899 102555 JUUL CONTRACTING CO 1,186.00 Check Payment &11102 PK 110900 702555 JUUL CONTRACTING CO 7,288.00 Check Payment 6!71102 PK 110901 102555 JUUL CONTRACTING CO 1,467.00 Check Peymenl 6!11/02 PK 110902 702555 JUUL CONTRACTING CO 819.00 Check PeymeM &11!02 PK 110903 102655 JUUL CONTRACTING CO 498.00 Check Payment 6!71!02 PK 110909 102555 JUUL CONTRACTING CO 1,539.00 Check Peymem 6!71102 PK 110905 102986 I(ARP RADIO 424.00 Check Paymem 8/71102 PK 170908 103908 KIESER SUE 700.00 Check Payment 6117!02 PK 110907 702488 KKLN 7,000.00 Check Payment 6111/02 PK 110908 104675 KLITZI(E, LUKE 44.00 Check Peymenl 6177!02 PK 110909 105897 KQIC~Q102 441.00 Chock Payment 6/11!02 PK 110910 109413 KRIS ENGINEERING 745.73 Chock Peyrllem 6171102 PK 110917 102581 L 8 P SUPPLY CO 344.60 Chock Payment 6171!02 PK 110912 102008 LAMPLIGHTER II 323.74 Check Payment 8/71102 PK 110913 105525 LANG EQUIPMENT OF NORWOOD 788.22 Chock Payment 8!11102 PK 110914 102563 LEAGUE OF MN CITIES 315.00 Chock Peymenl 8!11/02 PK 110815 102583 LEAGUE OF MN CITIES 20.00 Check Peymenl 6/17/02 PK 710918 702563 LEAGUE OF MN CITIES 630.00 Check Peymanl 6/17!02 PK 770917 702563 LEAGUE OF MN CITIES 1,125.00 Check Paymem 6111!02 PK 710918 102583 LEAGUE OF MN CITIES 316.00 Checc Peymenl 6/t 1/02 PK 170978 702683 LEAGUE OF MN CITIES 316.00 Check Peymenl 6111/02 PK 110920 102583 LEAGUE OF MN CITIES 375.00 Check Peymenl 6/71102 PK 110921 102583 LEAGUE OF MN CITIES 315.00 Check Peymenl 8111/02 PK 110922 102563 LEAGUE OF MN GTIES 315.00 Check Payment 6/11/02 PK 110923 170852 LEAGUE OF MN CITIES-INS TRUST 15,77824 CherJc Peymenl &11/02 PK 170924 107874 LENNEMAN BEVERAGE DIST. INC 5.581.80 Check Peymem &11!02 PK 110925 113726 LIETZAU, JAMES 78.00 Chetlc Payment Sldp In Chaclc Sequence a Dupllrate Check V = VoW CITY OF HUTCHINSON &17!02 75:45:10 R55APPYREG LOG20000 AP Payment Repster Page- 4 8998.1015 11ons - 111061 1i Check Dete Type Check # Vendor Noma Amount Vdd Arnoura Peymenl Type 6!11!02 PK 110926 101984 LOCHER BROTHERS INC 19,549.47 Check Payment 811 tl02 PK 110927 102145 M-R SIGN 273.08 Check Payment 6/11102 PK 170928 113660 MAAHS, DICK 24.00 Check Payment 6!11!02 PK 170829 102571 MACOUEEN EOUIP INC 11,205.88 Cherie Payment 6/11702 PK 110930 102688 MADSON, STEVEN 16.25 Check Payment 6171102 PK 110931 113670 MARTIN MARIETTA AGGREGATES 258.80 Check Payment 6!71102 PK 110932 102716 MAY, JAKE 75.00 Check Payment 6!11102 PK 110933 113869 MCDONOUGH TRUCK LINE INC 38.54 Check Payment 6!17/02 PK 710934 102489 MCLEOD COUNTY COURT ADMINISTRA 135.00 Cheri Payment 6!17/02 PK 710935 103036 MCLEOD COUNTY SOCIAL SERVICES 85.00 Check Payment 6!17102 PK 110936 102787 MCLEOD COUNTY TREASURER 43.80 Check Payment &11/02 PK 11 D937 702787 MCLEOD COUNTY TREASURER 22.50 Check Payment 6111!02 PK 170936 702787 MCLEOO COUNTY TREASURER 17.54 Check Payment 6111/02 PK 110939 102787 MCLEOD COUNTY 7REASURER 360.00 Check Payment 6111!02 PK 110840 102787 MCLEOD COUNTY TREASURER 10.00 Check Pay0lent 6111102 PK 170997 103783 MCLEOD PUBLISHING INC 255.75 Check Payment &11/172 PK 110942 107942 MDRA 80.00 Check Payment 6171102 PK 110943 112400 MENARDS-HUTCHINSON 73922 Check Payment 6111/02 PK 170944 103231 METRO SALES 981.00 Check Payment 6111!02 PI( 170945 107889 MIDa,11NNESOTA HOTMIX INC 5,873.60 Check Payment &11!02 PK 170948 107647 MIES, MIKE 50.56 Check Payment 6!11/02 PK 110947 104857 MIKE CRAVES TRUCKING 5,208.00 Check Payment 8111/02 PK - 110848 702576 MINI BIFF 79.86 Check Payment 6!11!02 PK 110949 700770 MINNESOTA DEPT OF ADMIN INTERT 134.51 Check Payment 6!17/02 PK 710950 701992 MINNESOTA DEPT OF HEALTH 5,387.00 Check Payment • 6!11/02 PK 110951 102853 MINNESOTA DEPT OF MOTOR VENICE 1,022.74 Check Payment 8!17702 PK 710852 102027 MINNESOTA DEPT OF PUBLIC SAFET 200.00 Check Payment 8111NY1 PK 710953 1087&1 MINNESOTA ENVIRONMENTAL INITIA 380.00 Check Payment 6117102 PK 110964 102389 MINNESOTA FlRE SERVICE DERTIF 135.00 Chock Payment 6111!02 PK 110955 102589 MINNESOTA MUTUAL LIFE 883.77 Check Payment 8111!02 PK 770856 105757 MINNESOTA SHREDDING 709.90 Check Payment 6111102 PK 770957 102583 MINNESOTA VALLEY TESTING LAB 1,507.25 CherJC Payment 8117102 PK 170958 102655 MODERN MAZDA 83.90 Chetlc Payment 6!77102 PK 110969 102848 MPCA 23.00 Check Payment 6/77102 PK 110880 102850 NCL 582.44 Check Payment 8171!02 PK 110881 102591 NORTHERN STATES SUPPLY INC 47.42 Check Payment 6117102 PK 110862 102490 DFFlCEMAX CRED{7 PLAN 266.92 Check Payment 6111!02 PK 170863 702692 OLSON'S LOCKSMITH 45826 Check Payment 6711/02 PK 170964 703773 OLSON, JOHN 33.00 Check Payment 6111102 PK 170985 702134 OUTDOOR MOTION 30.00 Check Payment 6171102 PK 110988 173725 OWATONNA FORD 8 CHRYSLER 15,34225 Check Peymeni 6177!02 PK 110867 104785 PACK, BYRON 48.00 Check Payment &71!02 PK 710988 702187 PAUSTIS 8 SONS WINE CO 7,655.00 Check Payment 8!11102 PK 710988 112044 PEARCE, GREG 100.00 Check Peynlerll 8!11/02 PK 110970 717034 PENKE, JACKIE 15.00 Check Payment 8!11/02 PK 110971 ~ 102598 PETERSON BUS SERVICE 382.60 Check Payment 6'17102 PK 110972 101853 PHILLIPS WINE 8 SPIRITS 588.32 Check Payment 6'11702 PK 170973 104631 POLLMANN, DARLENE 24.00 Chetll Payment 8111!02 PK 770974 102446 POSTMASTER 600.00 Check Payment 8111!02 PK 110.975 102457 PRCE 88.9.81 Check Payment ' = Sklp In Check Sequence or DupYmte Check V = Vold CT' OF HUTCHINSON R55APPYREG LOG20000 AP Payment Reglsler 9999.101s 110776 - 111061 6/11f02 15:45:70 Page - 5 Check Date Type Check K Ventlor Narne fvngtnt Vdd Amount Payment Type &11!02 PK 110978 103605 PRECISION LINE BORING 858 d6 Chock Peymenl 6111/02 PK 110377 102993 PREMIER TECH PACKAGING 246.77 Check Payment 6/11/02 PK 110978 102899 PRIEVE LANDSCAPING 80.94 Check Payment fV11l02 PK 110979 102598 OUADE ELECTRIC 00.82 Check Payment &11/02 PK 110980 102212 QUALITY FLOW SYSTEMS 7,171.50 Cheek Payment &11/02 PK 170981 102052 QUALITY WINE B SPIRITS CO. 3,348.03 Check Payment 611 V02 PK 110982 104357 OUINLAN PUBLISHING 09.00 Check Payment 6111!02 PK 110983 713705 RAEDEL, DOUG 15.00 Chad<Payment 6!17/02 PK 110984 713702 RATH, LORI 30.00 Check Payment fi/11/02 PK 110985 110008 READING, CHERESA 35.00 Check Paymem 6!11/02 PK 110986 102091 RECREONICS 87.00 Chock Payment 6!11102 PK 110987 111224 RENVILLE COUNTY COURT ADMIN 41.70 Check Payment 6!11102 PK 110988 105268 RESERVE ACCOUI4T 1,911.00 Chock Payment 6!17/02 PK 110989 713686 RIEMANN,JESSY 20.00 Check Payment 6!11102 PK 110900 104458 RISC SB0.00 Check Payment 6!17102 PK 110991 113720 RUFFRIDGE JOHNSON EQUIPMENT CO 22,411.55 Check Payment 6!11/02 PK 110992 705793 RUNKE, JOt.EEN 7.74 Check Payment Bl11l02 PK 710993 102225 RUNNINGS SUPPLY 595.04 Check Payment 6111!02 PK 710994 102600 RUTZ PLUMBING 8 HEATING 333.16 Check Payment 8/11/02 PK 110995 713707 SAMPSON THOROUGHBRED FARMS 1,755.00 Check Payment &11/02 PK 710886 102436 SARA LEE COFFEE d TEA 278.20 Check Payment 8111!02 PK 710997 113658 SCRIMP, DONALD 48.00 Check Payment 6/71N2 PK 110998 113724 SCHLEETER LAVONNE 20.00 Chock Payment 6/11!02 PK 710999 173665 SCHLUETER, BOB d BRIANS HEAT! 1,51X1.00 Chock Payment 6!11/02 PK 111000 102806 SCHMELING OIL CO 6,115.71 Check Payment • 6!11!02 PK 777001 173700 SCHMELING, MER 1B.OD Chock Payment 6/71102 PK 171002 105864 SCHWARZROCK, AMY 250.00 Chock Payment 6!71102 PK 171003 109801 SCOTT'S WINDOWS 42.60 Chock Payment 8/71102 PK 171009 113897 SCOTT, JUSTIN 42.00 Chock Payment &71!02 PK 111005 112355 SEBORA, MARC 195.51 Check Payment - &77/02 PK 111008 101881 SERVICEMASTER 1,384.50 Check Payment 8!71102 PK 771007 102637 SEVEN WEST WASH 8 DRV 135.79 Check Payment 8!17102 PK 711008 102805 SEWING BASKET 73.48 Check Payment &111(y1 PK 171009 102809 SHOPKO 47.88 Check Payment 6171102 PK 777010 113664 SIEVERT, MARY 40.00 Check Payment 6171/02 PK 711011 102906 SMITH, LUCILLE 48.00 Chock Payment 8177/02 PK 111012 102204 SOIL CONTROL LAB 275.00 Chock Payment 6/77!02 PK 111013 105424 SOURCE ONE SUPPLY INC 87.32 Check Peymenl 617 tl02 PK 111074 112860 SOUTH METRO SORT d RECYCLE 842.25 Chock Payment 6/11/02 PK 717075 703363 ST. CLOUD RESTAUI7AM SUPPLY 9,90928 Chock Payment fill 7102 PK 11101fi 713881 STACK, RON 24.00 Check Payment 6!11!02 PK 177077 102872 STANDARD PRINTING 356.12 Chock Peymenl 8!11/02 PK 111018 713704 STARK, BELINDA 80.00 Check Payment 6!11/02 PK 177018 104534 $TAYWELL 485.10 Check Peymenl 6!11!02 PK 171020 113872 STEINHAUS, LORI 28.00 Check Payment - 8/11!02 PK 111021 102617 STRETCHERS 398.45 ~ Chock Payment 8/11702 PK 111022 103099 SUBWAY 483.45 Check Peymem 6/71102 PK 117023 702884 SVSTMA, DARLENE 30.00 Chock Paymem 6!11/02 PK 117024 105550 TARGET 8.39 Check Payment 8!11!02 PK 711025 713685 TC TOOL 95.50 Ctlatlc Payment Skip In Check Sequence or Duplicate Chock v=vatl CITY OF HUTCHINSON 6111!02 15:45:70 RSSAPPYREG LOG20000 AP Payment Register Page - 6 9999.1015 170776 - 111061 • Check Dale Type Check # Ventlor Neme Amount Vdd Artwunl Payment Type fi111/02 PK 111026 109838 TELECKY, JOSH 60.00 Check Payment 6111102 PK 171027 113666 THIES,ADAIR 300.00 Chatll Payment 6!17/02 PK 111028 173698 THUL, NATE 78.00 Checc Payment 6111102 PK 111029 107971 TRAVELERS DIRECTORY SERVICE 398.00 Check Payment 8!11102 PK 117030 102620 TRI CO WATER 214.93 Check Payment 6111102 PK 111031 102454 TRI-COUNTY BEVERAGE & SUPPLY 87.55 Check Payment &11102 PK 111032 109290 TURJA, JASEN 264.00 Check Payment 6!11102 PK 111033 102619 TWO WAY COMM INC 94.58 Check Payment 6!17102 PK 711034 105250 U.S. STRIPER CO 99.74 Check Payment 6!17102 PK 711035 102624 UNITED BUILDING CENTERS 73.35 Check Payment 6!11/02 PK 111036 102763 USI INC 19.06 Check Paymem &11!02 PK 171037 102419 VALLEY SALES OF HUTCHINSON 64.67 Ctreck Payment &11!02 PK 111038 113685 VEDDER, MER 18.00 Check Payment 6111/02 PK 717039 102132 VIKING COCA COLA 55.70 Check Payment 8111/02 PK 117040 101857 VIKING OFFICE PRODUCTS 8.48 Check Payment 6/11/02 PK 111041 102830 VIKING SIGNS 1,040.43 Check Payment 6/77102 PK 117042 113708 VON BERG, GARY 15.00 Check Payment 6/77102 PK 117043 102642 W. D. COOLING CLINIC 429.00 Check Payment 6/17/02 PK 111044 103342 WAHL REBUILDB REPAIR INC 372.72 Check Payment 6/11!02 PK 111045 113703 WALTER, JACINDA 25.00 Check Peymenl 6/17!02 PK 111046 105122 WASTE MANAGEMENT 42,330.70 Check Peymanl 6/11!02 PK 711047 103228 WASTE NEWS 39.00 Check Peymenl &11!02 PK 171048 102085 WEDIN, CHUCK 159.15 Chetlc Peymenl 6!77102 PK 111049 103870 WEST GROUP 63138 Chadc Peymem 8111102 PK 711050 170738 WESTMOR INDUSTRIES, LLC 177.13 Check Payment • 6117102 PK 717051 704803 WINE MAI~R 22.00 Check Peymenl &17/02 PK 711052 701963 WRTE SANITATION 279.20 Chock Payment 8!11/02 PK 117053 707884 WITTE SOD 88.85 Check Payment 8!11102 PK 171054 102881 WU(CEY, HARRIET 48.00 Check Peymenl &11/02 PK 117055 102840 WM MUELLER 8 SONS 71.35 Check Payment 6!11/02 PK 117056 103088 WRIGHT, LEE 180.00 Check Payment 6111/02 PK 117057 102832 XEROX CORP 7,054.50 Chock Payment 6111!02 PK 111058 105378 XPECT FIRST AID 67.50 Chetlc Payment 8/11!02 PK 711059 113692 YOUNG, ANDY 18.00 Check Payment 6/71!02 PK 711060 103980 ZARNOTH BRUSH WORKS 382.34 Check Payment 6/77!(12 PK 771081 105761 ZETAH, ELAINE 24.00 Check Payment Payment Typo Total 589.528.55 Report TOlaS 568,526.55 ' = Skip h Check Sequence or Ouplkate Check V :Vold L~ CITY OF HUTCHINSON 6/6/2002 10:19:22 R55APPYREG AP Pa ment Re ister Pa e - 1 9999.1015 6/6/2002 6/6/2002 Check Date T e Vendor Name Amount 6/6/2002 110742 ` 101876 AETNA VARIABLE LIFE ASS. CO. 780.00 6/6/2002 110743 101919 AMERICAN FAMILY INS CO. 106.15 6/6/2002 110744 101847 AMERICAN PAYMENT CENTERS 74.48 6/6/2002 110745 103165 CONCORD SINGERS 650.00 6/6/2002 110746 113645 GARDENS GIFT SHOP 546.00 6/6/2002 110747 102823 GOVERNMENT FINANCE OFFICER 480.00 6/6/2002 110748 101875 GREAT WEST LIFE INS. CO. 300.00 6/6/2002 110749 101872 H.R.L.A.P.R. 266.58 6/6/2002 110750 113647 HISTORIC PARAMOUNT THEATRE 80.00 6/6/2002 110751 101869 HUTCHINSON, CITY OF 1,495.00 6/6/2002 110752 102633 HUTCHINSON, CITY OF 5,354.35 6/6/2002 110753 102635 HUTCHINSON,CITYOF 481.35 6/6/2002 110754 102696 HUTCHINSON, CITY OF 512.80 6/6/2002 110755 102771 HUTCHINSON, CITY OF 12,262.48 6/6/2002 110756 101873 ICMA RETIREMENT TRUST 2,999.62 6/6/2002 110757 113287 MCKIMM, GLORIA 82.20 6/6/2002 110758 102449 MINNESOTA CHILD SUPPORT PAY 175.81 6/6/2002 110759 103142 MINNESOTA DEPT OF COMMERC 200.00 6/6/2002 110760 102653 MINNESOTA DEPT OF MOTOR VE 20.00 6/6/2002 110761 102653 MINNESOTA DEPT OF MOTOR VE 20.00 6/6/2002 110762 102653 MINNESOTA DEPT OF MOTOR VE 13.50 6/6/2002 110763 102653 MINNESOTA DEPT OF MOTOR VE 20.00 6/6/2002 110764 102653 MINNESOTA DEPT OF MOTOR VE S.DO 6/6/2002 110765 105587 PLEAA 130.00 6/6/2002 110766 102445 POSTMASTER 250.00 6/6/2002 110767 104378 PRIMROSE OIL CO 930.98 6/6/2002 110768 101877 PRUDENTIAL 75.00 6/6/2002 110769 102096 PRUDENTIAL MUTUAL FUNDS 30.00 6/6/2002 11077D 102615 PUBLIC EMPLOYEES 21,235.32 6/6/2002 110771 102052 QUALITY W INE & SPIRITS CO. 2 878.72 6/6/2002 110772 104047 RUTTGERS BAY LAKE LODGE 88.40 6/6/2002 110773 113646 ST. CLOUD CONVENTION BUREA 78.00 6/6/2002 110774 101871 WAL-MART 84.35 Pa ent T e Total 52,706.09 Re ort Totals 52,706.09 • CITY OF HUTCHINSON e~&02 10:25:43 RSSAPPYREG LOG20000 AP Peymem Reglater Page - 1 8099.1015 513Qr02 Sf37/02 CheUc Data Type Check # Vendor 5f3U'02 PK 110741' 101888 ' =Skip In Check SerJUence or Dupllwle Chic V =Void Name HUTCHINSON, CITY OF Payment Type Total Report Tolala Amount Vokl Anpunt 2,443.50 2,443.50 2,443.50 Payment Typo Check Payment u