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cp08-14-2001 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 14, 2001 [WWARMIL 1 I ' 2. INVOCATION — Rev. Sam Grozdanov, Shalom Baptist Church u 11►1J Y . (a) REGULAR MEETING OF JULY 24, 2001 Action - Motion to approve as presented (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING DEPARTMENT MONTHLY REPORT FOR JULY 2001 2. HUTCHINSON PUBLIC LIBRARY BOARD MEETING MINUTES FROM JULY 24, 2001 3. FIRE DEPARTMENT MONTHLY Rf�PORT FOR JULY 2001 4. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR JUNE, 2001 • 5. PIONEERLAND LIBRARY SYSTEM FINANCIAL REPORT FOR JUNE 2001 6. CHARTER COMMISSION MEETING MINUTES FROM JULY 30, 2001 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 01 -296 - AN ORDINANCE AMENDING SECTION 10.14 RELATING TO THE SIGN REGULATIONS (GAS STATIONS) (SECOND READING AND ADOPTION) 2. RESOLUTION NO. 11771 —RESOLUTION APPROVING PARTICIPATION IN A GRANT PROCESS THROUGH THE MINNESOTA HISTORICAL SOCIETY 3. RESOLUTION NO. 11770 — RESOLUTION ESTABLISHING JOINT AND COOPERATIVE AGREEMENT FOR USE OF POLICE PERSONNEL AND EQUIPMENT (c) CONSIDERATION OF TRANSIENT MERCHANT LICENSE FOR JAN'S CLOSET DBA PLUS AT A PRICE TO SELL CLOTH ING AT THE NATIONAL GUARD ARMORY ON AUGUST 15, 2001 (RECOMMEND DENIAL) (d) CONSIDERATION OF SHORT TERM GAMBLING LICENSE FOR DUCKS UNLIMITED ON SEPTEMBER 6, 2001 (e) CONSIDERATION OF RETAIL OFF -SALE NON - INTOXICATING LIQUOR LICENSE FOR WALMART SUPER CENTER (f) CONSIDERATION OF TRANSIENT MERCHANT LICENSE FOR HOMIER DISTRIBUTING, INC. TO SELL TOOLS AT THE NATIONAL GUARD ARMORY ON AUGUST 28, 2001 CITY COUNCIL AGENDA — AUGUST 14, 2001 (g) REQUEST TO SET A PUBLIC HEARING FOR AUGUST 28, 2001, TO REVIEW THE RE- SUBMISSION OF THE FRANKLIN-GROVE NEIGHBORHOOD SMALL CTITES REHAB GRANT APPLICATION (h) CONSIDERATION OF OUT -OF -STATE TRAVEL FOR STEVE MADSON, CHRIS DOBRATZ AND TOM KLOSS TO TRAVEL TO DES MOINES, IA TO MEET WITH REPRESENTATIVES OF THE IOWA DIVISION OF C U IINAL INVESTIGATION (i) CONSIDERATION OF APPROVAL OF CHANGE ORDER NO. 3, LETTING NO. 3, PROJECT NO. 01 -09 Action — Motion to approve consent agenda 5. PUBLIC HEARIN G — 6:00 P.M. - NONE 7. (a) CONSIDERATION OF A VARIANCE TO INCREASE THE MAXIMUM CANOPY SIZE ALLOWANCE AND A 48 SQ FT VARIANCE FROM THE MAXIMUM TOTAL SQ FT ALLOWED IN A C -4 DISTRICT AS REQUESTED BY MURPHY OIL (WALMART) WITH STAFF RECOMMENDATION TO REJECT (ADOPT RESOLUTION NO. 11727) (DEFERRED FROM JULY 24, 200 1) Action — Motion to reject — Motion to approve ►I . 1► (a) CONSIDERATION OF ALTERNATIVES TO THE SALE OF THE 1975 SEAGRAVE LADDERTRUCK (b) CONSIDERATION OF PROPOSED FUNDING AGREEMENT FROM MINNESOTA DEPARTMENT OF TRANSPORTATION FOR AIRPORT IMPROVEMENT PROGRAM (c) CONSIDERATION FOR APPROVAL OF RENEWAL OF INSURANCE POLICIES (d) CONSIDERATION FOR APPROVAL OF THE SALE OF 2001 IMPROVEMENT BONDS Action — Motion to reject — Motion to approve ' ul. :U (a) COMMUNICATIONS (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 MINUTES • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 24, 2001 Mayor Torgerson called the meeting to order at 5:30 p.m. Council members Jim Haugen, John Mlinar, Kay Peterson and Duane Hoversten were present. Others present were Gary Plotz, City Administrator, John Rodeberg, Director of Engineering/Public Works, and City Attorneys Marc Sebora and Dick Schieffer. 2. INVOCATION — Pastor Eric Goodwin of Peace Lutheran Church delivered the invocation u 11► JI (a) REGULAR MEETING OF JULY 10, 2001 (b) MINUTES FROM BID OPENING FOR LETTING NO. 1 PROJECT NO. 01 -01 (SCHOOL ROAD SW) OF JULY 20, 2001 The minutes were approved as presented. 1► ►Y (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MEETING MINUTES FROM JUNE 19, 2001 2. PIONEERLAND LIBRARY SYSTEM BOARD MEETING MINUTES FROM MAY 17, 2001 3. HUTCHINSON CHARTER COMMISSION MEETING MINUTES FROM JUNE 25, 2001, AND JULY 16, 2001 4. HUTCHINSON PLANNING COMMISSION MINUTES FROM MAY 15, 2001, MEETING 5. HUTCHINSON PLANNING COMMISSION MINUTES FROM JUNE 19, 2001, MEETING 6. HUTCHINSON AREA HEALTH CARE BOARD OF DIRECTORS MEETING MINUTES FROM JUNE 19, 2001 7. HUTCHINSON AREA HEALTH CARE FINANCIAL REPORT FOR JUNE 2001 8. HUTCHINSON UTILITIES COMMISSION FINANCIAL REPORT FOR MAY 2001 9. CITY OF HUTCHINSON FINANCIAL REPORT FOR JUNE 2001 10. CITY OF HUTCHINSON REPORT ON INVESTMENTS FOR JUNE 2001 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 11760 — RESOLUTION TO DONATE COMPUTER EQUIPMENT TO INDEPENDENT SCHOOL DISTRICT 423 3 (a) CITY COUNCIL AGENDA — JULY 10, 2001 2. RESOLUTION NO. 11761 — RESOLUTION ESTABLISHING LOCATIONS FOR • TRAFFIC CONTROL DEVICES (MAHOGANY CT SW & ROBERTS ST SW) 3. RESOLUTION NO. 11769 — RESOLUTION FOR PURCHASE OF COMPUTER HUB EQUIPMENT (c) PLANNING COMMISSION ITEMS CONSIDERATION OF A CONDITIONAL USE PERMIT TO DEVELOP PARKLAND (PLAYGROUND, VOLLEYBALL COURT, BIKE AND PEDESTRIAN TRAIL) IN AN AREA THAT IS CURRENTLY UNDEVELOPED, AS REQUESTED BY THE CITY OF HUTCHINSON, PARKS DEPARTMENT, LOCATED IN THE AREA OF ONTARIO STREET AND 2 ND AND 3 RD AVENUE (ADOPT RESOLUTION NO. 11764) 2. CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 6' TO Y AND THE REQUIRED DRIVEWAY SETBACK FROM 5' TO 2' AS REQUESTED BY JASON RUPRECHT, 575 HASSAN STREET SE (ADOPT RESOLUTION NO. 11765) 3. CONSIDERATION OF A VARIANCE TO PLACE AN ACCESSORY BUILDING ON THE PROPERTY LINE NEXT TO AN UNIMPROVED ALLEY AS REQUESTED BY PAUL AND NICHOLE DIETEL, 237 COLLEGE AVENUE NE (ADOPT RESOLUTION NO. 11766) 4. CONSIDERATION OF A CONDITIONAL USE PERMIT TO PLACE A 6' PRIVACY FENCE IN THE FRONT YARD 2' FROM THE PROPERTY LINE AS REQUESTED BY MURIEL FELSKA, 103 ELKS DRIVE (ADOPT RESOLUTION NO. 11767) 5. CONSIDERATION OF A CONDITIONAL USE PERMIT TO RELOCATE GARY'S GARAGE TO MCCLURE'S BUILDING WHICH IS ZONED I -1, LOCATED AT 945 5"' AVENUE SE, AS REQUESTED BY DICK MCCLURE (ADOPT RESOLUTION NO. 11768) (d) CONSIDERATION OF PUBLIC DANCE PERMIT FOR JOSE PALACIOS FOR AUGUST 4, 2001 AT HUTCHINSON NATIONAL GUARD ARMORY (e) CONSIDERATION OF THE REAPPOINTMENT OF THOR SKEIE TO THE HRA BOARD FOR A SECOND TERM (f) CONSIDERATION OF SHORT -TERM ON -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO MCLEOD COUNTY AGRICULTURAL ASSOCIATION FOR MCLEOD COUNTY FAIR (g) CONSIDERATION OF OUT -OF -STATE TRAVEL FOR RANDY DEVRIES AND MARION GRAHAM TO ATTEND THE WATER ENVIRONMENT FEDERATION ANNUAL CONFERENCE IN ATLANTA, GA FROM OCTOBER 13 — 17, 2001 Motion by Mlinar, second by Haugen, to approve consent agenda. Motion carried unanimously. I al 1: II I► I I / 6. CO MMUNICATIONS, 1 AND PETITIO PRESENTATION OF 11 1 BIOCORP ENVIRONMENTAL TO CITY OF 3(a) CITY COUNCIL AGENDA — JULY 10, 2001 HUTCHINSON Mayor Torgerson read the letter from BioCorp awarding the City of Hutchinson the environmental award. Mayor Torgerson presented the award to Lawrence Winter, Resource Recovery Coordinator. Mr. Winter gave thanks to these types of corporations that are recognizing the City's composting efforts. Mr. Winter recognized the "team" that it took to get the Composting Site up and runnin He also thanked the city staff and City Council as being part of the team. Mr. Torgerson commented on the fact that he gave a tour to a gentleman from Florida. The Floridian was very impressed with the composting facility. (b) "THANK YOU" TO CITY OF HUTCHINSON FROM CITY OF LITCHFIELD FOR ASSISTANCE IN STORM CLEAN -UP Mayor Torgerson read a thank you letter from the mayor of Litchfield. Mayor Torgerson asked that John Rodeberg pass the recognition on to his staff. (c) UPDATE ON TAX AND LOCAL GOVERNMENT AIDS Ken Merrill, Finance Director, explained the preliminary tax changes for the year 2002. Levy limits are in place and will continue to be in place for the next year. Taxes must be set by September 17, 2001. Taxes may not be increased by the levy date but may be reduced. Mr. Merrill explained that there is no longer any Homestead and Agricultural Credit Aid (HACA) money for cities. The City of Hutchinson did get a nice amount in local • government aid, however, due to the fact that there will be no funds from HACA, the City actually will be receiving less money in 2002 than in 2001. Mr. Merrill noted that there is only one other city in out -state MN that is receiving a lessor amount of funds. There is no explanation as to why we are receiving a lessor amount. The only way these funds will be recouped is by a local tax levy. Mr. Merrill also explained that property taxes should be decreased within the City. The area of concern for the city is the commercial- residential property tax decrease. Truth In Taxation hearing is not required this year because of the late session. It would be the City's option to hold a hearing, but the publication requirements would not have to be met. A public notice will go out to the property owners if such hearing is scheduled. The biggest concern for the City is that we are one of the very few cities losing state aids. Mayor Torgerson asked Mr. Merrill to research it further. Mr. Merrill explained that he has spoken to the League of MN Cities and they informed him that the only thing that can be done is the fact that the formula needs to be looked at to ensure that the numbers are correct. Mr. Merrill will continue to keep on top of the situation. 7. UNHNISHED BUSINESS (a) CONSIDERATION OF THE PURCHASE OF A COMBINATION SEWER MAINTENANCE JETTER/VACUUM TRUCK Motion by Mlinar, second by Hoversten, to approve the purchase of a combination sewer maintenance jetter /vacuum truck from MacQueen Equipment, Inc. (State of MN Contract #426147, Release S -845 (5)). Motion carried unanimously. • (b) CONSIDERATION OF A VARIANCE TO INCREASE THE MAXIMUM CANOPY SIZE ALLOWANCE AND A 48 SQ FT VARIANCE FROM THE MAXIMUM TOTAL SQ FT 3(a) CITY COUNCIL AGENDA — JULY 10, 2001 ALLOWED IN A C -4 DISTRICT AS REQUESTED BY MURPHY OIL (WALMART) WITH STAFF RECOMMENDATION TO REJECT Mayor Torgerson spoke with Julie Wischnack and she informed him that this item could be deferred until the next Council meeting without Murphy Oil being penalized or having to go through the application process again. Motion by Peterson, second by Hoverten, to defer this item until Aug. 14, 2001 Council meeting. Motion carried unanimously. 8. NEW BUSINESS (a) CONSIDERATION OF AIRPORT IMPROVEMENT PROGRAM FEDERAL GRANT Mr. Rodeberg explained that the City's match of this grant was included in the 2001 budget. Federal Aviation Administration will pay 90% and the City's 10% of the funds will be for the pavement maintenance and snow removal equipment acquisition projects included. Motion by Peterson, second by Mlinar, to approve Airport Improvement Program federal grant. Motion carried unanimously. (b) CONSIDERATION OF ORDINANCE NO. 01 -296 AMENDING SECTION 10.14 RELATING TO THE SIGN REGULATIONS (GAS STATIONS) (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR AUGUST 14, 2001) Mr. Rodeberg explained the changes to the ordinance. He explained that it is somewhat more lenient but not as lenient than what Murphy Oil would like. He also explained that this ordinance would be very difficult to be "fah" to all businesses. Ms. Peterson agreed that the size of the sign should be in conjunction with the size of the lot. Mayor Torgerson explained that there would not be a problem if Murphy Oil would conform with the size of other gas station signs. Mr. Hoversten suggested the Downtown Sign Committee come up with a recommendation for next meeting. Mayor Torgerson's opinion was that the Downtown Sign Committee dealt with more conformity issues amongst downtown businesses. There were no issues with the actual ordinance. Mayor Torgerson asked Mr. Rodeberg if he had any recommendations. He thought the new ordinance and staff recommendations seemed in line. Mr. Plotz suggested having a workshop to discuss the sign ordinance. Mr. Haugen explained that the sign ordinance will not be able to please all businesses. The Council decided to obtain more information from staff and hold a Council Workshop on August 14, 2001 to discuss the sign ordinance. Motion by Mlinar, second by Peterson to waive first reading and set second reading for August 14, 2001. Motion carried unanimously. Motion by Mlinar, second by Peterson to set Council Workshop for August 14, 2001 to review information from staff for second reading of ordinance. (c) CONSIDERATION OF RESOLUTION NO. 11763 ACCEPTING BID AND AWARDING CONTRACT FOR LETTING NO. 1 PROJECT NO. 01 -01 (SCHOOL ROAD SW) This project involves milling a portion of the current bituminous surface and placing a new bituminous overlay on School Road SW from McDonald Drive SW to TH 7. Motion by Hoversten, second by Peterson, to approve Resolution No. 11763. Motion carried unanimously. 3(a) CITY COUNCIL AGENDA — JULY 10, 2001 9. MISCELLANEOUS (a) COMMUNICATIONS John Mlinar — Mr. Mlinar commented on the Hwy 212 Corridor meeting with Glencoe. The highway stretch from Eden Prairie to Cologne is a 65 mph speed zone. The group recommends that that speed zone stretch out to Glencoe. There were also some revisions to the Vision Statement. Kay Peterson — The ribbon cutting ceremony was held this afternoon for the automatic doors at the Hutchinson Public Library. Also, on July 6, 2001, the National Guard delivered the tank to the McLeod County Veterans Park Gary Plotz — Two sub - committees of the Charter Commission have been established. One is a subcommittee working on a new chapter dealing with Hutchinson Area Health Care. A chapter has been drafted and the sub - committee will be bringing it to the Charter Commission at the next Commission meeting. The second sub- committee is working on language that should be used in the Charter as it pertains to the Utilities. That sub - committee is meeting this week and should have a draft also for the Charter Commission at the next meeting. John Rodeberg — The SW Ring Road Open House was held last week and overall it went very well. More meetings will be held in the future. FEMA funding may be granted for the bridge. If funding is received, this will determine where the route goes dependent on where the bridge is located.. Also, Rick Kjonaas, County Engineer, has resigned and accepted another position with MnDOT. Mr. Mlinar asked that a resolution be created to thank Rick for his services to the City. Mr. Torgerson commended John Rodeberg for his working relationships with other government agencies. Mayor Torgerson read a certificate from the Board of Peace Officer Standards & Training. The certificate was awarded to the Hutchinson Police Department in recognition of the compliance of POST Board mandates. 10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS A Motion by Haugen, second by Mlinar to approve and authorize payment of Verified Claims A from appropriate funds (b) VERIFIED CLAIMS B There were no Claims B presented to approve. Mr. Dick Schieffer, city attorney, explained that the next portion of the meeting will be closed due to the fact that the Council has asked for legal advice in regards to the BioSolids fire. Members present at the closed meeting would consist of the Mayor and Council, Gary Plotz, City Administrator, Melissa Starke, Council Secretary, Randy DeVries, Director of Water/Wastewater Treatment Facility, and City Attorneys Dick Schieffer and Marc Sebora. Mr. Schieffer went into some detail in regards to the events that have been happening since the fire. Following the fire, he and Marc Sebora made the decision to shut down the facility so that no information or equipment could be altered. There are various sub - contractors that worked on • the facility and each of them wanted their own opportunity to do an examination of the site so as to disprove their role in regards to the fire. The League of MN Cities had a fire expert on site and coordinated other fire experts to conduct examinations of the site. Those examinations were 5 3(a) CITY COUNCIL AGENDA — JULY 10, 2001 completed in May. The computer at the site was also downloaded and that disc will be • distributed to the appropriate parties. The general contractor of the project, McCormick, has notified the City of Hutchinson that they will pay the re- construction costs, however they reserve the rights to sue the City or whomever they so choose in regards to the cause of the fire. Mr. Schieffer stated that notice of claim exceeding $300,000 had been received, including an allegation that certain controls had been incorrectly set by city employees, and that certain parts of the equipment had not been properly cleaned. He indicated that a discussion of legal strategy is advisable because the insurance company sending the notice of claim would be suing for reimbursement. In addition, Mr. Schieffer stated that the city authorized the rebuilding of the facility, but reserved it's right to claim improper design and construction, and these legal issues should be discussed. Mr. Schieffer also explained the Open Meeting Law. He explained the first leg of the law states that if there is threatened or impending litigation, the City Council has the right to a closed meeting to obtain legal advice from their attorneys. The second leg of the law states that the legal advice given does have to be specific to the threatened or impending litigation and not miscellaneous matters. Terry Davis, reporter from the Hutchinson Leader, voiced an official objection to the closing of the meeting. His reasoning was that the filing of a contractor after an accident is very standard. Mayor Torgerson explained that the Council will be taking the advice of their legal counsel and will be closing the regular meeting. Mr. Hoversten stated that the reason for the closed meeting is that legal counsel was seeking direction from the City Council and it was not just a regular session of legal communication. Mr. Mlinar excused himself from the meeting. • Motion by Peterson, second by Hoversten to close the regular City Council meeting. Motion carried unanimously. The regular Council Meeting was closed at 6:30 p.m. The regular meeting resumed at 7:25 p.m. With no further business to discuss the meeting adjourned at 7:26 p.m. • 3(a) CITY OF HUTCHINSON • BUILDING / PLANNING / ZONING DEPARTMENT 111 HASSAN STRUT Sy-, HIT17C INSON, MN 55350 PHONE 6124344216 FAX-612-234-4240 Jul NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWI of HOUSEKEEPING am NurDra CMIW CdDn Bald V r BUILDINGS No. Braga OmP U a) c d) (o Sine -feniY � 10 1 1 EaiAa nvbx nwrr SW0,4wrAy h%*W attached :a�,,,e� .ew 102 P 0 NONHOUSEKEEPMG brn BUILDINGS 1 e �oMa maab. W toudr cebkn uwwWQ acwm,admoro 219 oewr rroawrtealOWN ahOW 214 NEW NONRESIDENTIAL lum- BUILDINGS N AnagaMOM aodel, am mvesdonal 319 Ch-d ae W 0ltw ra�gw 319 InAnolat 320 Paddn9 9arayes RedldnP 9 open daclwd) 321 Savlcs ewtlarw and nPW peu9ea 322 FloaPUM and tmtlmticrW 323 O19cee. OWm, and proNaslorW }?A Pub5o aorta and uson 329 Sdtocn and o9wr adcadolW 326 Stone end ctswa NrAe 327 Ottwr nauardralal NA" ms SWdum omen Own taldirtpa nD j8jW AoDFnoNs, Wm AND CONVERSIONS No. (a) Rakw". 434 g wpu and CWMU hhen 4m tldaseldW" WW r*1tp0Wy9Pyp'r 137 Addb" Of reddraW Wa9M _and crpoft (a9aetwd and d�wdl 438 cormaucow omft om ra cone � OF BUILDRIGS C4 BUD" c 9 euaaa (atladwd arw 919 - UNtl -D, VALUATION $1,623,900 TOTAL PERMITS 8B TOTAL INSPHCTIONS 217 4(a)1 Hutchinson Public Library Board Minutes for meeting Tuesday, July 24, 2001 • Meeting called to order by President Connie Lambert. Minutes from May meeting approved. There were no minutes for June because there was no meeting. Old Business 1. Automated Door Project wrap -up: The dedication ceremony was scheduled prior to the board meeting. The Hutchinson Foundation Board of Directors, the Library Board of Directors, and donors were invited to the ribbon - cutting ceremony. Mary Henke said, "It was quite successful." There was some last minute scrambling as Mary requested to have final adjustments made to the doors prior to the dedication. Mary also stated the final bills came in slightly under the original estimates. 2. Window Renovation Project: The Hutchinson Public Library has received a grant from the Hutchinson Utilities to help with the cost of replacing the windows in the original part of the library. Julie W. of the city of Hutchinson is working on a Minnesota Historical Society Capital Grant application to help with the cost of replacing the windows. The pre- 10 application deadline is Aug. 3. The actual grant application is in September. Mary will stay on top of this and advise the board at future meetings on this project. New Business 1. Historic Hutchinson sign. Kay Johnson explained to the board what Historic Hutchinson was and about the sign program. Information will be made available as it is received. 2. County Commissioner Quarterly Meeting. Mary was going to attend the quarterly meeting with the county commissioner last night. This is an opportunity to keep the needs of the library in front of the commissioners throughout the year, rather than showing up during budgeting time and asking for more money. Mary has done an excellent job of building a relationship with the commissioners for the library. 3. Budget. Mary presented the city of Hutchinson portion of the Hutchinson Public Library budget. She is asking for additional funds to open the library consistently at 10 a.m. rather than the staggered schedule they • have now with 10 a.m. and noon openings. One of the challenges facing Mary this year was budgeting for utilities. Kay Petersen indicated this was a challenge for many of the city departments. Mary will keep the board updated on the budget. 4(a)2 F Pioneerland Report Herman Hanneman attended the library board meeting to update members • on the last PLS meeting. He attended a two -hour orientation meeting and a two -hour board meeting. Herman said a consultant gave a report on the process of bringing the PLS system in compliance on pay equity issues. He said, the consultant has been working to create 17 job categories with descriptions in which to slot PLS personnel. Mary reported job descriptions were based on questionnaires, task logs and staff interviews. According to Herman, it's not a done deal yet. Stay tuned. Staff Advisory Committee Report Mary said the committee discussed how to present the consultant's information on pay equity issues and job descriptions to the PLS staff. Other Julie Jensen asked Mary for an explanation of the role of the PLS board reps and their responsibility to the local library board. Mary explained how PLS works and how representatives are selected and the role they play. Due to the large size of the PLS board, most decisions are made in committee with the final action voted on by the overall board. John Hassinger also asked questions regarding the structure of PLS and the . local library, as well as about taxation. The meeting adjourned at 5:30 p.m. The next meeting is scheduled at 4:30 p.m. Monday, Aug. 23. • 4(a)2 T • Memo Ta Mayor and City Council Fim Brad Emans, Fire Chief Data p8/01ro1 Ra: Monthly update The fire department responded to 27 general alarms in the month of July. City Calls: Residential 2 • Commercial/Industrial6 Multifamily 4 Hazardous Material 1 Vehicle 2 Carbon Monobde 2 Mutual Aid 1 Rural Calls: Rescue 3 Medical 1 Vehicle 3 Grass Type 2 • 0 Pagel 4(a)3 • Drills I Meetings / Other Information SCBA Maintenance Water Rescue Fire Streams Regional firefighter meeting in Maple Lake We worked with the HPD on a radio best',; we feel that the problem with the inability to communicate with the dispatcher has been solved. I hope that the equipment needed to solve the problem can be purchased and installed In the near future. The two truck oommiffees (platform and rescue) traveled to Appleton, Wisconsin for the pre paint inspection. We are to bring them home the fist part of August • • • Page 2 4(a)3 • STATEMENT OF INCOM XPENSES • JUNE 30, 01 PREVIOUS CURRENT BUDGETED BUDGET ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGET (COME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY 7,454,467.24 9,159,733.19 8,027,000.00 1,132,733.19 16,054,000.00 SALES FOR RESALE 153,397.00 1,966,508.50 107,780.00 1,858,728.50 634,000.00 NET INCOME FROM OTHER SOURCES 51,535.68 54,411.87 58,125.00 (3,713.13) 108,500.00 SECURITY LIGHTS 6,055.00 5,908.00 6,500.00 (592.00) 13,000.00 POLE RENTAL 1,232.50 1,222.00 2,160.00 (938.00) 4,000.00 SALES - GAS 3,526,502.34 5,022,542.28 3,300,000.00 1,722,542.28 6,600,000.00 TOTAL OPERATING REVENUE 11,193,189.76 16,210,325.84 11,501,565.00 4,708,760.64 23,413,500.00 OPERATING EXPENSES PRODUCTION OPERATION 554,035.42 394,634.77 473,218.35 78,583.58 998,835.00 PRODUCTION MAINTENANCE 191,106.28 349,143.22 253,170.00 (95,973.22) 463,500.00 PURCHASED POWER 1,980,564.96 6,672,149.94 2,200,000.00 (4,472,149.94) 4,400,000.00 TRANSMISSION OPERATION 1,400.21 250.92 .00 (250.92) 2,500.00 TRANSMISSION MAINTENANCE 13,854.42 74,456.83 47,800.00 (26,656.83) 148,000.00 ELECTRIC DISTRIBUTION OPERATION 183,800.20 204,689.21 168,004.50 (36,664.71) 330,975.00 ELECTRIC DISTRIBUTION MAINTENANCE 97,527.78 91,381.83 105,35i.10 13,969.27 190,510.00 MFG GAS FRODUCTION OPERATION 638.25 119.10 .00 (119.10) 1,250.00 MFG GAS PRODUCTION MAINTENANCE 3,180.94 844.07 1,840.00 995.93 4,000.00 PURCHASED GAS EXPENSE 5,043,185.17 5,205,980.00 5,211,000.00 5,020.00 10,046,000.00 GAS DISTRIBUTION OPERATION 130,333.92 128,586.62 128,692.42 105.80 263,887.50 GAS DISTRIBUTION MAINTENANCE 46,313.51 49,379.41 40,310.51 (9,068.90) 73,663.00 CUSTOMER ACCOUNTING 6 COLLECTIONS 129,615.63 170,739.06 128,406.50 (42,332.56) 268,888.00 ADMINISTRATIVE d GENERAL EXPENSES 707,683.71 982,315.66 836,393.22 (145,922.44) 1,832,379.00 DEPRECIATION 897,502.00 913,500.00 582,075.60 (31,424.40) 1,827,000.00 TOTAL OPERATING EXPENSES 9,980,742.40 15,238,170.64 10,476,262.20 (4,761,908.44) 20,851,387.50 OPERATING INCOME 1,212,447.36 972,155.20 1,025,302.80 (53,147.60) 2,562,112.50 OTHER INCOME OTHER - NET 54,401.06 62,221.08 24,700.00 37,521.08 60,000.00 INTEREST INCOME 169,075.57 119,834.16 188,600.00 (68,765.84) 410,000.00 MISC INCOME 4,320.03 41,681.41 51700.00 35,981.41 105,000.00 MISC INCOME - GAS WELLS 174,541.84 181,864.36 113,100.00 68,764.36 290,000.00 TOTAL OTHER INCOME 402,338.50 405,601.01 332,100.00 73,501.01 865,000.00 OTHER EXPENSES DEPLETION - GAS WELLS .00 .00 .00 .00 50,000.00 MISC EXPENSES 53,256.23 56,971.87 24,250.00 (32,721.87) 55,000.00 INTEREST EXPENSE 222,073.86 291,658.62 281,380.00 (10,278.62) 597,430.00 TOTAL OTHER EXPENSES 275,330.09 348,630.49 305,630.00 (43,000.49) 702,430.00 CONTRIBUTION TO CITY 591,500.00 400,400.00 480,000.00 79,600.00 800,000.00 TOTAL CONTRIBUTION TO CITY 591,500.00 400,400.00 480,000.00 79,600.00 800,000.00 NON• - OPERATING INCOME (464,491.59) (343,429.48) (453,530.00) 110,100.52 (637,430.00) ET INCOME 747,95 628,725.72 571,772.80 56,9,2.92 1,924,682.50 A N A • BALE SHEET . JU O, 2001 r r r ■ TOTAL • • * * ASSETS UTILITY PLANT - AT COST LAND 6 LAND RIGHTS DEPRECIABLE UTILITY PLANT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS TOTAL UTILITY PLANT DEPREC VALUE RESTRICTED FUNDS h ACCOUNTS 1 FUTURE EXPANSION 6 DEVELOPMENT INVESTMENT - GAS RESERVES MEDICAL INSURANCE BOND 6 INTEREST PAYMENT 1993 BOND RESERVE - 1993 BOND 6 INTEREST PAYMENT 2000 1 CATASTROPHIC FAILURE FUND TOTAL RESTRICTED FUNDS 6 ACCOUNTS CURRENT 8 ACCRUED ASSETS CASH IN BANK ACCOUNTS RECEIVABLE OTHER ACCOUNTS RECEIVABLE - 3M ACCTS RECEIVABLE -ELEC UNDERBILLING ACCOUNTS RECEIVABLE - CYCLE BILLING INVENTORIES PREPAID INSURANCE ACCRUED INTEREST RECEIVABLE CLEARING ACCOUNT SALES TAX RECEIVABLE TOTAL CURRENT & ACCRUED ASSETS DEFERRED CHARGE BOND DISCOUNT 2000 BOND DISCOUNT 1993 TOTAL DEFERRED CHARGE TOTAL ASSETS � w 891,734.75 62,774,538.30 63,666,273.05 (25,372,370.46) (25,372,370.46) 3,423,794.71 3,423,794.71 41,717,697.30 1,929,063.34 432,561.39 100,000.00 819,230.22 1,389,320.00 59,986.69 1,250,000.00 5,980,161.64 736,909.06 3,300,469.42 133,608.51 292,500.00 696,985.66 836,913.29 105,919.69 821.92 68.80 100,351.11 6,204,547.46 18,255.32 74,393.39 92,648.71 53,995,055.11 I • BA L SHEET U 0, 2001 J 200 , 1 ■ r r w TOTAL ■ • ■ MUNICIPAL EQUITY d LIABILITIES MUNICIPAL EQUITY MUNICIPAL EQUITY 39,121,571.86 1 UNAPPROPRIATED RETAINED EARNINGS 628,725.72 TOTAL MUNICIPAL EQUITY 39,750,297.58 LONG TERM LIABILITIES -NET OF CURRENT MATURITIES 1993 BONDS 7,450,000.00 2000 BONDS 4,000,000.00 LEASE PAYABLES 169,728.21 TOTAL LONG TERM LIABILITIES 11,619,728.21 CONSTR CONTRACTS 6 ACCTS PAY RETAIN ACCRUED EXPENSES - RETAINAGE 5 1 TOTAL CONSTRUCTION 6 ACCTS PAY 5,332.00 CURRENT 6 ACCRUED LIABILITIES 1 ACCOUNTS PAYABLE 2,322,126.57 INTEREST ACCRUED 49,517.80 ACCRUED PAYROLL 102,456.52 1 ACCRUED VACATION PAYABLE 196,047.37 ACCRUED MEDICAL FUND (161,867.08) ACCRUED REC PAYMENT 11,544.18 CUSTOMER DEPOSITS 87,720.00 OTHER CURRENT A ACCRUED LIABILITIES 12,151.96 TOTAL CURRENT 6 ACCRUED LIAB 2,619,697.32 1 TOTAL MUNICIPAL EQUITY 6 LIAR 53,995,055.11 1 1 n w F • PIONEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT JUNE 30, 2001 HUTCHINSON M -T -D Y -T -D % OF % OF REVENUE. AMOUNT AMOUNT BUDGET BUDGET YEAR CITY OPERATING 22,619.50 67,858.50 90,478.00 75.00% 50% COUNTY OPERATING 12,311.50 36,934.50 49,246.00 75.00% 50% GIFTS 0.00 151.17 30.00 0.00% 50% CHARGES, FINES 0.00 0.00 0.00 0.00% 50% COPY MACHINE 168.85 1,258.80 2,400.00 52.45% 50% EQUIPMENT RENTALS 0.00 3.00 0.00 0.00% 50% BOOK SALES 2,320.00 2,320.00 2,500.00 92.80% 50% OTHER 0.00 175.95 200.00 0.00% 50% TOTAL REVENUES 37,419.85 108,701.92 144,854.00 75.04% 50% RESERVE 0.00 89,15574 89,156.00 100.00% 50% GRAND TOTAL 37,419.85 197,857.66 234,010.00 84.55% 50% EXPENDITURES: • SALARIES - 8,667.17 - 50,008.27 - 103,933.00 48.12% 50% HEALTH INSURANCE -2.00 -12.00 -54.00 22.22% 50% HEALTH INSURANCE- DEDUCTIBLE 0.00 0.00 -0.00 0.00% 50% PAYROLL TAXES - 958.32 - 5,620.88 - 11,872.00 47.35% 50% BOOKS - 1,195.11 - 12,533.52 - 30,000.00 41.78% 50% PERIODICALS -30.00 - 2,932.44 - 4,000.00 73.31% 50% VIDEOS 0.00 0.00 - 434.00 0.00% 50% BINDINGS 0.00 0.00 - 100.00 0.00% 50% POSTAGE & SHIPPING 0.00 - 108.00 - 400.00 27.00% 50% NEW EQUIPMENT - 580.00 - 580.00 - 3,000.00 19.33% 50% MAINTENANCE CONTRACTS 0.00 0.00 - 1,248.00 (100% 50% SUPPLIES - 140.75 - 735.24 - 2,000.00 36.76% 50% PROMOTIONAL & PROGRAMS 0.00 - 602.63 - 1,200.00 50.22% 50% INSURANCE 0.00 - 1,083.61 - 978.00 110.80% 50% ADS & LEGAL NOTICES 0.00 0.00 - 112.00 D.00% 50°% AUDITING 0.00 -91.94 -92.00 99.93% 50% BOOKKEEPING -36.68 - 216.48 - 453.00 47.79% 50% CONTINUING EDUCATION 0.00 0.00 - 427.00 0.00% 50°.% SALES TAX 0.00 0.00 - 300.00 0.00% 50% TOTAL EnPEN D;TURES i 1,ar9 43 - 74,525.01 160,601) 48 -4G70 50% RESERVE 25,810.42 123,332.65 73,407.00 168.01% 50 • 4(a)5 • Hutchinson Charter Commission Meeting Minutes Monday, July 30, 2001 Members Present: Chuck Carlson - Chair, Linda Remucal, Don Glas, Mike Cannon, Carl Bretzke, Roger Petersen, Jean Peterson Members Absent: Ron McGraw, Virgil Voigt, Steve Auger, Phil Graves and Walt Clay Others Present: Dick Schieffer, City Attorney and Melissa Starke, Recorder Chair Carlson called the meeting to order at 4:00 p.m. Motion by Bretzke, second by R. Petersen to approve the minutes as presented. Motion passed unanimously. Chair Carlson asked for clarification in Chapter 2 Section 2.09: Section 2.09 on ballot from election in 2000 is different than what is presented in the draft. The second paragraph on the ballot is not included in the draft of Section 2.09. Mr. Schieffer, city attorney, stated that the draft is a condensed version of what was voted on and that it covers all the language that was on the ballot, other than the 30 day notice of filing. Conversation was held in regards to the wordiness of the Section on the ballot. It was decided by the group to keep the Section as it was • voted on, with the exception of changing the word "person" to "elective officer" as indicated in the draft. Some discussion was held in regards to the Mayor making the appointment in case of tie outcomes. Linda Remucal addressed the fact that the Minutes from the July 16, 2001, meeting stated that in Section 2.04 the words "elected" or "appointed" needed to be added. It was decided that those words did not need to be added and this section would be left as originally drafted. Chair Carlson asked for an update from the sub - committees. Don Glas introduced the work that the HAHC sub - committee had done. Dick Schieffer, City Attorney, handed out a draft that the sub - committee had created and reported on the language they created. He stated that much of the language was used from the "Hospital and Nursing Home Board " Ordinance. The draft consists of seven sections: Establishment defines the services provided and items included to provide health care services. Explains that HAHC is an enterprise of the City. Control and Many m n : Explains that HAHC is governed by the Board of Directors Powers and Duties: Explains the Board's power in setting rules and regulations and the management and operation of the health care enterprise. Appointment and Terms Explains composition of Board of Directors and terms of each • member. There is some clarification needed by Phil Graves, HAHC CEO, in regards to the sentence, "Elected Directors shall be appointed to a maximum of two consecutive four -year terms exclusive of the fulfillment of an unexpired term ". It was suggested that the word 4(a)6 Charter Commission Meeting Minutes — July 30, 2001 "maximum" be removed so that this language reflects flexibility. It was also suggested to have • Mr. Graves clarify how the Chief of Staff's term coincides with other Board members terms. Chief Executive Officer and Other Employees Explains Board's role in appointing CEO position. The word "experienced" will be replaced by "qualified" in describing the CEO. Corporate Affiliation: Explains Board's authority to enter into management contracts. Names; Explains names of facilities. Roger Petersen raised the questions as to how the liquor store fits into the Charter. Mr. Schieffer stated that they are enterprise just like the hospital. The Compost Facility would also be categorized in this group. Mr. Schieffer also noted that many Charters do not include chapters on liquor stores. But it was recommended that possible sections be created to address these two enterprises. Chair Carlson will speak to Mayor Torgerson and Gary Plotz in regards to these two subjects. Don Glas will also acquire Grave's and Plotz's input on the draft and will bring it back to the next Charter meeting. Mike Cannon reported on his sub - committee's findings in regards to Section 6.02, Subd. 3. Jean Ward, HRA Executive Director and Christie Rock, HCDC/EDA Executive Director, were interviewed to get their input on how they feel the City Administrator's role is with their agency. They both felt that their agency is formed by the City. However, the HRA is constructed by the Mayor and Council appointing the HRA Board and the Board hires director. Ward feels she is • an employee of the HRA. HRA budget is approved by City Council by the account of the City Council approving the levy that funds the HRA. The City Administrator is not involved in any way of the HRA's operations. In regards to the HCDC/EDA, Rock felt she is a director hired as an employee of the City. She is under the City pay plan and feels that she should be supervised by the City Administrator. She feels she currently receives most of her direction from the HCDC/EDA Board Director. However, as new people acquire the Board Director role, they may not have the time that the current Board Director has to direct the Executive Director. The HCDC/EDA Board approves budget and it is then approved by City Council. Downtown loan funds and TIF money is the major funding. The sub - committee's opinion is that the word "agency" be removed and that the HCDC/EDA would be categorized under "department ". Mr. Schieffer stated that he would verify with the statutes to make sure there aren't other responsibilities of the HRA. Much of their direction is received from the State. It was discussed whether or not that separate chapters actually had to be created to cover the liquor store and compost facility as stated earlier, if they are solely supervised by the City Administrator and categorized as a department. The hospital and utilities are separate from the actual City office. More discussion will be held with Mayor Torgerson and Gary Plotz, City Administrator. They will be discussed at the next meeting. Section 6.04 —Discussion was held in regards to the word "employees" replacing the word "subordinates ". Clarification is needed as to whether or not the council actually creates positions or just approves the budgetary results of new positions. It was also noted that in Section 6.03, • "ordinance" should be changed to "resolution ". Mr. Schieffer also noted that the last sentence in Section 6.04 should be added to the end of Section 6.03. The title of Section 6.04 will be changed to Cily Employees This section will now read "There shall be city employees subordinate to the City Administrator as the council may see fit ". This verbage relates back to 4(a)6 Charter Commission Meeting Minutes — July 30, 2001 Section 6.02 Subd. 2. which shall now read "all heads of departments and employees" (remove • "subordinates "). Linda Remucal asked if Chair Carlson had checked with the Mayor in regards to the Charter Commission deadline to complete the revisions by August. Chair Carlson stated that he had spoken to the Mayor and the Mayor has been informed that the Charter Commission will not be able to meet the deadline as requested by the City Council. The next meeting date of the Charter Commission will be August 6, 2001 at 4:00 p.m. at the City Center. Mr. Schieffer again raised the point in regards to the verbage used in filling vacancies. He compared the accepted Resolution to the voted amendment. He suggested revisiting this language at a later meeting. Mr. Schieffer recommended using the language from the ballot in the Charter. The Charter resumed with Chapter 7. Section 7.06 — Remucal recalls a recommendation to eliminate dates listed in this section, due to the fact that legislature can change those from year to year. "Not later than the first week of October" removed. Also removed "not later than October 10 ". These recommendations were made by the City Council. • Section 7.07 — It was questioned as to whether or not the City Administrator has the power to transfer monies from one fund to another if all the funds have not been expended in one account. This gives the City Administrator great flexibility. This section will be addressed at the next meeting. Section 7.08 — This section will also be reviewed at the next meeting. Section 7.09 — Ken Merrill, Finance Director, had previously stated that there are really no such things as "emergency debt certificates ". There are other ways to raise funds to cover such expenditures. Chair Carlson suggested researching this section further from previous meeting minutes. A good majority of Chapter 7 needs to be reviewed and discussed at a future meeting. Chapter 8 — no changes Chapter 9 — no changes Motion by Jean Peterson, second by Don Glas to approve Chapters 8 and 9. Roger Petersen motioned to adjourn. Motion carried unanimously. Meeting adjourned at 5:25pm. • 4(a)6 Hutchinson City Code • Chapter 11 Section 10 Special Provisions PUBLICATION NO. 6623 ORDINANCE NO. 01 -296 Ordinance Amending Section 10.14 Relating To The Sign Regulations (Gas Stations) SECTION 10: SPECIAL PROVISIONS 10.14 SIGNS PURPOSE The purpose of this Section is to provide standards for the use and display of signs. It is recognized that signs serve an important function and, therefore, reasonable and adequate display of signs is permitted under the provisions of this section. At the same time, this Section recognizes that there is a definite need to regulate the display of signs as signs utilize the visual element of the public right -of -way to bring messages to the public. Limitations and standards are established herein consistent with the type of the district and the uses and activities in the district. Any sign placed on land or on a building for the purposes of identification or protection of the same or for advertising a use conducted thereon or therein shall be deemed to be accessory and incidental to such land, building or use. It Is the purpose of this Section to place such limitations on the display of all signs as will assure that they will be appropriate to the land, building, or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification, protection, or advertisement. • GENERAL REQUIREMENTS Except as otherwise provided by this Section, signs as defined in Section 3, where permitted, shall comply with the following requirements: (1) Location: No sign shall be placed in or extended over any public right -of -way in any District except the G3 Downtown Business District. Pre - existing signs which violate required setbacks and/or encroachment of rights -of -way shall be considered as non - conforming structures. Signs in street right -of -way shall be 6 feet above grade line. In no case shall signs create any traffic sight hazards. (a) Pre - existing signs which violate required setbacks and/or encroachment or rights -of -way shall be considered as non - conforming structures. (b) No sign shall be erected to project above the roof or parapet wall line of any building except by conditional use permit. (c) Wall signs integral with, painted on, or attached Oat against the face of the building and/or structure shall not extend more than twenty-four (24) Inches from such a structure. (d) No temporary sign shall be attached to a light standard or the supporting pylon of a freestanding sign. (2) Measuring: For multi -faced signs, each display face shall be measured except in the case of 2 -sbded signs that are identical on both sides. (3) Traffic Hazard: No sign shall be erected near or at any intersection of any streets in such manner as to obstruct free and Gear vision, or at any location where by reason of position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign signal, or device. • Review of the sign ordinance City Council July 24, 2001 - Page 1 4 (b)1 Review of the sign ordinance City Councli July 24, 2001 — Page 2 4(b)1 Hutchinson City Code • Chapter 11 Section 10 Special Provisions (4) Marquees, Canopies and Awnings: Signs attached to a marquee shall not extend beyond the fascia or vertical surface of such marquee. No sign or sign structure except as mentioned above shall be placed on the roof of a marquee. No advertising shall be placed on any awning or canopy except the name of the owner and/or business conducted on the premises. (5) Freestanding Signs: Freestanding signs shall not exceed 27 feet in height above the ground on which they rest. No part of any sign may be within 5 feel of any property line. (6) Roof Signs: Roof- mounted signs are not permitted. (7) Wall Signs: Wall signs placed or painted on the exterior walls of buildings shall not extend beyond twenty-four (24) inches of the wall surface. Wall signs attached to and projection from the exterior walls of buildings shall not extend beyond twenty-four (24) inches of the wall surface and shall not cover more than 15 percent of that business' wall. (g) Illumination: The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded, or directed that the light intensity of brightness shall not adversely affect surrounding or facing residential districts, or adversely affect safe vision of operators of vehicles moving on public or private roads, highways, or parking areas. Light shall not shine or reflect on or into residential structures. (9) Maintenance of Signs: All signs shall be kept in good repair and avoid a weather condition resulting in illegibility, missing parts, words, etc. • (10) Tenant Lists on Freestanding Signs: If a freestanding business center sign lists the names of three or more individual tenants: (a) The total area of the business center name, plus tenants' names, cannot exceed the total allowable area of a freestanding sign. (b) Tenants' names must be displayed in the same typeface, method of illumination, and metltod of display (panel vs. individual letters) as one another. (c) The business center name and the tenants' names must be produced in the same materials, method of illumination, and method of display (panel vs. individual letters) as one another. (d) Tenants' names must be arranged in a rectangular grouping which does not extend horizontally beyond the edges of the business center name area. (11) Major Tenant Logos on a Freestanding Sign: If a business center wishes to display the logotypes of its major tenant(s) on its freestanding business center identification sign(s): (a) The total area of the various elements of the freestanding sign may not exceed the total allowable area of a freestanding sign - (b) No more than two tenants may be displayed in this manner on each freestanding business center identification sign. (c) The tenant logotypes and business center name (if included) shall be displayed on a single sign structure. Review of the sign ordinance City Councli July 24, 2001 — Page 2 4(b)1 Hutchinson City Code • Chapter 11 Section 10 Special Provisions (d) The tenant signs shall be designed and arranged to appear as an integrated whole. Namely, the proportions of the two signs shall be approximately equal; the materials, method of illumination, and method of display (individual letters vs. panel) should be the same; and both signs should be arranged within a rectangular area. (12) Grouping Small Wall Signs: When a number of small wall signs are grouped together, such as at the entrance of an interior "mini - mall," those signs must be arranged in a framework or common display system which gives the impression of a single, larger sign. Type styles may differ but the method of construction and illumination and the display format ( ndividual letters vs. panel) must be the same. (13) Other Identification Signs in Business Centers: (a) If a canopy or other building overhang is used, each business may have an under-canopy identification sign not exceeding 4 square feet. (b) Each business may have an identification sign on its door not exceeding 3 square feet. (14) Gas Station Canopy Signs: Signs on gasoline pump area canopies shall be regarded as freestanding signs and regulated as such. One exception is that a logotype or price sign of up to G 20 square feet shall be allowed on each canopy side visible from a public right-of-way. SIGN STANDARDS BY ZONING DISTRICT • (1) General: The following sign standards by zoning district shall apply to every existing zoning district and new zoning district hereafter created unless otherwise expressly provided in such zoning districts. Only signs as described herein shall be permitted. Municipal signs are exempt. (2) Signs Permitted in All Zoning Districts: Subject to the other conditions of this ordinance, the following signs shall be permitted in any zoning district within the City. Signs in Subsection a), b), c) and d) shall be considered temporary. These signs and those described in Subsection g shall be allowed to be placed in any required yard setback, not including boulevards or public right -of -way. (a) Construction Signs: One non - illuminated temporary sign facing each bordering sheet, identifying all parties engaged in the construction of a building, provided that the sign shall not exceed thirty -five (35) square feet in area, does not obstruct the vision in the public right-of-way, and is removed within thirty (30) days following occupancy of the building. (b) Real Estate Signs: One non - illuminated real estate sign not over 5 percent of the wall to which it is attached advertising the sale, rental, or lease of only the building or premises on which it is located, or 12 square feet per side if freestanding. (c) Political Signs: Political sign or signs shall be permitted on each lot for a period of forty-five (45) days prior to and ten (10) days after an election. (d) Portable Signs: Portable signs are not permitted on highway frontage per MN Statutes 173.01 and 173.02. Portable signs may be permitted by Conditional Use Permit only on collector streets. (amended 218194) Portable signs may not be flashing. Portable signs may not be placed or extend over the front 5 feet of any required setback in any District. Portable signs may not be fastened to any pylon or light pole. Portable signs may not be erected or placed for more than 30 days at a lime, with at least 180 days Review of the sign ordinance City Council July 24, 2001 - Page 3 4(b) 1 • Review of the sign ordinance CityCounct July 24, 2001 — Page 4 4 (b)1 Hutchinson City Code Chapter 11 Section 10 Special Provisions between permits. (1) Owner- Occupant Sign: One residential name sign not to exceed 2 square feet per sign side in area, identifying only the name of the owner or occupant of a residential building. (g) Home Occupation Sign: One non - illuminated identification sign, not to exceed 4 square feet per sign side in area, for the following permitted uses: resident professional offices, home occupations and boarding - lodging houses. (h) Directional and Private Traffic Control Signs: Directional and private traffic control signs indicating traffic movement onto a premise, or within a premise, not exceeding 6 square feet of surface area for each sign, are permitted. No advertising message may be incorporated on such signs. Such signs shall not be located in the public right -of -way unless approved by the City Council. (i) Temporary Signs: Temporary signs to direct traffic to businesses during road constriction are allowed as permitted by City Council only. (j) Billboards: Billboards are not permitted. See Section 3, Definitions (Sign, Billboard) (Amended 1199) (k) Off - Premise Signs: Off- premise signs are not permitted. (Amended 1199) (3) Signs Permitted in Residential Districts: Subject to the other conditions of this ordinance, the following signs shall be permitted in residential districts: • (a) Subdivision Plat Signs: Temporary signs advertising a new subdivision plat provided such signs do not exceed 48 square feet in aggregate surface area per sign side, identifying only the plat in which they are located, are non - illuminated, and are erected only at dedicated street entrances to the plat. Such signs shall be removed if construction of subdivision improvements is not in progress on the plat within 60 days following the date of the sign erection or as soon as 80 percent of the lots are developed and sold. (b) Club, Lodge, Office Signs: One illuminated or non - illuminated identification sign not t6 exceed 40 square feet per sign side in area for the following uses: clubs, lodges, fraternities, and professional offices where permitted. (c) Civic, Religious Organizations, and Other Permitted Non - Residential Uses: One illuminated or non- illuminated identification sign or bulletin board not to exceed a total of 40 square feet in area for the following uses: public schools, parochial schools, colleges, public libraries, museums, social and recreational buildings, parks, playgrounds, hospitals, sanitariums, charitable and religious institutions, churches, cemeteries, and governmental office buildings. (d) Development Signs: Permanent signs of up to 20 square feet identifying a residential subdivision or business park may be allowed if well landscaped and built with colors and materials compatible with the primary structure(s). (e) Vacancy Signs: Vacancy signs within residential districts are limited to 4 square feet. • Review of the sign ordinance CityCounct July 24, 2001 — Page 4 4 (b)1 Hutchinson City Code • Chapter 11 Section 10 Special Provisions (4) Signs Permitted In Commercial and Industrial Districts: The following signs shall be permitted in the CA, C -2, C -3, C-4, 1-1,1-2 and I-C Districts. (a) Signs as Permitted in Residence Districts: Signs as permitted and regulated for the uses in the Residence Districts. (b) Business Signs: (1) Within the C -1 (Neighborhood Convenience Commercial District) District, the square footage of sign space per lot shall not exceed the 2 square foot per front fool of building. The least width of a lot for purposes of this section shall be the front. No individual sign surface shall exceed 50 square feet. Two (2) or more smaller signs may be arranged and integrated so as to cause a sign surface not exceeding one hundred (100) square feet. No sign shall extend in height more than two (2) feet above the highest outside wall or parapet of any principal structure. (2) Within the C -2 Automotive Service Commercial District, the aggregate square footage of sign space per lot shall not exceed 4 square feet per front foot of building. No individual signs surface shall exceed one hundred (100) square feet. (3) Within the C-4 and I-C Districts, name plate signs, and business signs are permitted provided the aggregate square footage of sign per lot shall not exceed the sum of one 4 square feet per front foot of building. On comer lots, two front footage calculations are allowable provided such side contains a major building entrance. The maximum height of a freestanding sign shall not exceed 27 feel. • Gas Station Signage shall be limited to a calculation equal to 2 squa feel per front foot of but in no case shall exceed 150 square feet o aggregate sgnage. Comer lots may use b (4) Within any 1 -1 and 1 -2 Industrial Districts, name plate signs and business signs are permitted provided the aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of such lots. The maximum allowable being 800 square feet. (5) Where a building does not cover the full area of the property, signs may be freestanding or group supported. A minimum of forty (40) feet of lot frontage shall be required to penult a freestanding sign. The maximum size of any freestanding sign shall not exceed eighty (80) square feet per sign side. (c) Window Signs: Signs may be placed in the window area of business operations subject to a limitation of forty (40) percent coverage of the total glass area for the main entrance of such operation. (d) Banner Signs: One or more banners not exceeding two square feel per front linear foot of building are allowed on primary side of building for no more than 45 days in a calendar year. (5) Signs Permitted in the Main Street Area District: Signage in the Main Street area, which is defined as the area located between the east side of Franklin Avenue from the Crow River to Fourth Avenue Southwest and the westside of Hassan Street from the Crow River to Fourth Avenue Southeast, shall be subject to the following additional requirements. Signage shall be designed to enhance and complement the character of buildings within the district. All new • Review of the sign ordinance City Council Jury 24, 2001 — Page 5 4 (b) 1 Hutchinson City Code • Chapter 11 Section 10 Special Provisions signs, the replacement, alteration, painting and so forth of an existing sign, requires a sign permit application and may require review by the downtown design review committee if the sign does not specifically meet these requirements. (a) Size and Placement Within the Main Street Area, name and business signs are pe ndtted, provided the aggregate square footage of sign per lot shall not exceed the sum of two (2) square feet per front lineal foot of building. On corner lots, the allowable square footage on the side exposure will be the same as the front, provided that side contains a major building entrance. Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, logos or of a line or lines, to form display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, numbers or illustrations composing the entire sign. For multi -faced signs, each face shall be measured except in the case of a sign with two identical sides. Signs shall be positioned so that they are an integral design feature of the building which means that signs shall help define and enhance the architectural features of the building and shall be placed so that they do not destroy architectural details such as but not limited to stone arches, glass transom panels, or decorative brickwork. No sign shall be placed to project above the roof or parapet wall line of a building except by conditional use permit. Signs may be placed only in the horizontal lintel "sign space" or within window glass, or on the awnings. In buildings that do not have a traditional lintel sign area, signs shall be placed no higher than 36 inches above the building openings. Signs attached to a marquee shall not extend beyond the vertical surface of the marquee. No sign shall be placed on the roof of a marquee. Only the name of the owner and/or business conducted on the premises may be placed on any awning or canopy. Wall signs shall not extend more than 24" from an exterior wall surface and shall not cover more than 15% of that business-- wall. No sign shall create any traffic sight hazard. All signs are to be placed within 60 days of the issuance of the sign permit and be kept in good repair and avoid a weather condition resulting in illegibility, missing parts or words, etc. (b) Lettering: Lettering styles shall be legible and relate to the character of the property's use. No sign shall contain more than two (2) lettering styles. Franchise logo signs are permitted. Letter height shall be no more than 75% of the lintel height. (c) Colors: Sign colors shall blend with the building facade to which the sign is attached and be compatible with the property's use No more than two letter colors are permitted (including black and white).' No more than three colors shall be used for the entire sign.(unless authenticity requires minimal use of additional colors.)' (d) Message: The sign message shall be legible and relate to the nature of the use. These requirements may be accomplished through the use of words, pictures, names, symbols, and logos. (e) Illumination: External illumination of signs is permitted. Lighted signs shall emit a continuous white light that prevents direct light from shining onto the street. Backlit plastic panel signs are permitted if they are designed In character with the era of the original building constructbn.' Exposed external conduit wiring is not permitted. (f) Freestanding Signs: All freestanding signs in the C-3 district shall be located, sized, and landscaped • Review of the sign ordinance City Council July 24, 2001 — Page 6 4(b)1 Hutchinson City Code • Chapter 11 Section 10 Special Provisions so that they do not obscure the view of adjacent properties. All freestanding signs shall conform to all sections of this ordinance. Freestanding signs shall not exceed 27 feet in height and must be set back at least 5' from any property line. For tenant lists and major tenant logos on freestanding signs, see Section 10.14 General Requirements in the Hutchinson Zoning Ordinance. (g) Signs for Pedestrian Traffic: A sign in addition to that otherwise allowed in this section is permitted. The sign shall be no larger than sic square feet (three feet maximum on each side) and be placed so the bottom of the sign has no less than six feet eight inches (6 8") of clearance. Such signs shall be allowed to project two feet into the public right-of-way. The square footage of pedestrian signs shall be deducted form the total allowable sign area for that building. Pedestrian signs shall conform to all sections of this ordinance. (h) Rear Building Signs: Signs shall be allowed on the rear of a building. The square footage of rear building signs shall be limited to one half square foot per rear lineal foot of building. (i) Signs on Exterior Walls: Signs shall not be painted on exterior wall of any building or structure. (j) Murals: Murals require review by the Downtown Design Review Committee and an approved Conditional Use Permit by the City Council' (k) Banners: One or more banners not exceeding two square feet per front linear foot of building are allowed on primary side of building for no more than 45 days in a calendar year. • (1) _ Appeals: Upon notice of any application being rejected by the City Staff, the applicant shall have access to appeal to the Downtown Design Review Committee, and if rejected by the Downtown Design Review Committee the applicant shall have the appeal procedure pursuant to the City of Hutchinson Zoning Ordinance. REQUIRES REVIEW BY THE DOWNTOWN DESIGN REVIEW COMMITTEE IF THE SIGN DOES NOT SPECIFICALLY MEET THIS REQUIREMENT. PROHIBITED SIGNS The following described signs are hereby declared a nuisance and shall be prohibited in all districts of the City. (1) Revolving and Flashing Signs: Signs which revolve or flash or consist of lights which revolve or flash are prohibited with the exception of devices which inform the public of time and/or temperature. Moving message type signs shall be permitted as an exception when their messages consist primarily of news, public announcements, etc., or a non - advertising nature. (2) Signs Imitating Official Signs: Signs which imitate an official traffic sign or signal or which contain the words "stop ", "go slow ", "caution ", 'danger", "warning", or similar words. (3) Confusing Signs: Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device; or which hide from view any traffic or street sign or signal; or which obstruct the view in any direction view at a street or road intersection. (4) Signs Advertising Terminated Businesses: Business signs which advertise an activity, business, or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than sbdy (60) days from - Review of the sign ordinance City Council July 24, 2001 — Page 7 4(b)1 • • 0 Hutchinson City Code Chapter 11 Section 10 Special Provisions the date of vacancy. (5) Right -of -Way: Business or advertising signs which are placed on a municipal, county, or state right-of -way. (6) Other Temporary Signs: Signs which are pasted or attached to utility poles, trees, fences, or other signs. (7) Portable Signs: Portable signs and portable ground signs with changeable lettering are prohibited. AMORTIZATION OF NON - CONFORMING SIGNS Certain signs existing at the time of the enactment of this Ordinance and not conforming to its provision, but which did conform to previous laws shall be regarded as non - conforming signs. Non - conforming signs which are structurally altered, rebcated, or replaced, or when ownership of property is changed, shall comply immediately with all provisions of this Ordinance. Nothing in this Ordinance shall prevent the City Council from granting temporary permits for lights, banners, signs, or decorations relating to civic or community celebrations, subject to such conditions as the City Council may see fit to impose. (Amended 11112186) EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication Adopted by the City Council this day of August, 2001 Attest: Gary D. Plotz Marlin Torgerson, Mayor Review of the sign ordinance City Council July 24, 2001 - Page 8 4 (b)1 0 RESOLUTION NO. 11771 RESOLUTION APPROVING PARTICIPATION IN A GRANT PROCESS THROUGH THE MINNESOTA HISTORICAL SOCIETY WHEREAS, the City of Hutchinson owns and operates a library; WHEREAS, the Library is on the National Historic Register with the title of the "Hutchinson Carnegie Library'; WHEREAS, the City of Hutchinson is aware that on -going maintenance and repair of this building is very important; WHEREAS, the Library has been reviewed from a maintenance perspective; WHEREAS, the Library windows are in need of repair because of weathering issues; WHEREAS, the City has acquired half of the grant dollars for the window repair from Hutchinson Utilities; WHEREAS, the City would request additional dollars from the Capital Projects Grants in Aid Program. WHEREAS, the City would request approximately $26,000. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the City of Hutchinson hereby approves applying for grant dollars through the Minnesota Historical Society. Adopted by the City Council this 14th day of August, 2001. • ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor 4(b)2 • RESOLUTION NO. 11770 RESOLUTION ESTABLISHING JOINT AND COOPERATIVE AGREEMENT FOR USE OF POLICE PERSONNEL AND EQUIPMENT Whereas, political sub - divisions of the State of Minnesota are continuously faced with natural and manmade disasters; And Whereas, political subdivisions need to develop emergency plans to enable each to respond to each emergency; And Whereas, from time to time it is necessary for political subdivisions of the State of Minnesota to call upon other political subdivisions for assistance in time of emergency or when other type of assistance is necessary; And Whereas, The City of Hutchinson, as a political subdivision of the State of Minnesota, must prepare to respond to unforeseen emergencies and other circumstances which create the need for assistance from other political sub- divisions; And Whereas, The City of Hutchinson, in cooperation with the counties of McLeod, Sibley, Renville, Meeker, Kandiyohi, Yellow Medicine, Chippewa, Swift, LacQui Parle and every city, village and town with said counties, has established a Joint and Cooperative Agreement for Use of Police Personnel and Equipment (Attachment); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: 1. That the City Council approves of the Joint and Cooperative Agreement for Use of Police Personnel and Equipment. 2. That the City Council directs the Director of Police/Emergency Management Services to executed the necessary documents to fulfill the City of Hutchinson responsibility to become an associate of this agreement. Adopted this 14"' Day of August, 2001, by the City Council of Hutchinson, Minnesota. Marlin Torgerson, Mayor • Gary Plotz, City Administrator 4(b)3 JOINT AND COOPERATIVE AGREEMENT FOR USE OF • POLICE PERSONNEL AND EQUIPMENT I. GENERAL PURPOSE The general purpose of this agreement is to provide a means by which a party to this agreement may obtain police assistance from other parties when the party requesting such assistance deems it to be necessary. This agreement is made pursuant to Minnesota Statutes, Section 471.59, Subd. 12. II. DEFINITION OF TERMS For the purpose of this agreement, the terms defined in this section shall have the meanings given them. Subdivision 1. "Party" means a governmental unit that is a party to this agreement. Subdivision 2. "Eligible party" means a governmental unit that is entitled to • become a party to this agreement, at its own option. The eligible parties are the counties of: McLeod, Sibley, Renville, Meeker, Kandiyohi, Yellow Medicine, Chippewa, Swift, Lac Qui Parle and every city, village and town within the said counties, State of Minnesota. Subdivision 3. "Requesting party" means a party that requests police assistance from other parties. Subdivision 4. "Responding party" means a party that provides police assistance to a requesting party. Subdivision 5. "Police assistance" includes police or sheriff personnel and equipment. Subdivision 6. "Requesting official" means the person who has been designated by the requesting party to request police assistance from other parties. Subdivision 7. "Responding official" is the person who has been designated by a party to determine whether and to what extent that party should provide police assistance to a requesting party. E 4(b)3 Ill. • PARTIES The parties to this agreement shall consist of as many eligible parties as shall elect, through resolution adopted by their respective governing bodies, to become parties. Upon the adoption of such resolution by an eligible party a certified copy of the resolution authorizing the agreement shall be forwarded to the agency designated to maintain the list of parties who are participating in the agreement. When any of the eligible parties have elected to become parties and have provided such resolutions, this agreement shall become operative, and shall continue in force until, by reason of withdrawals as hereinafter provided, the number of parties to this agreement is reduced to less than ten. It shall be the responsibility of Region 6 Chiefs of Police Association to maintain a current list of the parties of this agreement. IV. Subdivision 1. Each party shall designate the name of the person of that party who shall be its requesting official and responding official. A party may designate the • same person as both the requesting official and the responding official. Also, a party may designate alternate officials to act in the absence of the official. Subdivision 2. Whenever, in the opinion of a requesting official of a party, there is a need for police assistance from other parties to assist the police officers of the requesting party, such requesting official may, in his discretion, call upon the responding official of any other party to furnish police assistance to and within the boundaries of the requesting party. Subdivision 3. Upon the receipt of a request for police assistance from a party, the responding official for any other party may authorize and direct the law enforcement officers of the responding party to provide police assistance to the requesting party. Whether the responding party shall provide such police assistance to the requesting party and, if so, to what extent such police assistance shall be provide shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to him within the governmental structure of the party by which he is employed). Failure to provide assistance will not result in liability to a party. • 4(b)3 Subdivision 4. When responding party provides police assistance under the • terms of this agreement, it may in turn request assistance for other parties as "backup" during the time it is providing police assistance outside its boundaries. Subdivision 5. Whenever a responding party has provided police assistance to a requesting party, the responding official may, at any time, recall such police assistance or any part thereof to the responding party, if the responding official in his best judgement deems this necessary. Subdivision 6. When a responding party supplies law enforcement officers to a requesting party, such officers shall remain under the direction and control of the responding party; shall be paid by the responding party; shall be protected by the Workmen's Compensation of the responding party; and, shall otherwise be deemed to be performing their regular duties for the responding party. However, the responding party shall undertake to coordinate with the requesting party the police assistance that it provides. Subdivision 7. A responding party shall be responsible for its own personnel, • equipment and supplies and for injuries or death to any such personnel or damage to any such equipment or supplies, except that unused equipment and supplies shall be returned to the responding party by the requesting party when circumstances permit this to be done. Subdivision 8. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party nor shall the responding party be responsible for any injuries, losses or damages arising out of the acts of any of the personnel of the requesting party or the personnel of any other responding party. V. WITHDRAWL AND TERMINATION This agreement shall continue in effect until and upon thirty {30) days' written notice to each party of intent to withdraw from the agreement. • 4(b)3 Memorandum Daft August 8, 2001 To: Chief Madson CAN Melissa Starke, Administrative Secretary Frone Sgt_ Dobratr, Investigations ( r' M Background Investigation S YNOPS IS As of 8-Mll, I have completed a background check on Clinton Kraft, who has applied for a Transient Merchant License with the City of Hutchinson. In the course of conducting this investigation, I did found elements in his criminal history that show a history of fraudJforgery. It would be my recommendation that Mr. Kraft be denied the license for this reason. • If you have any questions, or if you require further investigation, please do not hesitate to contact me. M". n LJ 4(c) RECEIVED AUG 0 12001 SHORT TERM • City of Hutchinson City of 'Hutchinson FEE: $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 AND I, Name o< 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 the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending 2_no) tur Ash ri Off i,J�er of Organization Des uamoiing Manager of organization i A. The following is to be completed by the duly authorized officer • of the organizatio 1. True Name: � �� (last) (first) -I _((middle) 2. Residence Address: G cPf. eA ttij. (street) (city) (state) (zip) 3. Date of Birth: /t/ C 4. Place of Birth - J� - �f� (mo /day /year) (city /state) 5. Have you ever been cony cted of any crime other than a traffic offense? Yes No . If Yes, explain B. The following is t be completed by the designated gambling manager of organization: 1. True Name: (last) n (first) (middle) 2. Residence Address: ZOZ $`r( L t, Ni�- Mgt ��J - c:: ;O (street) (city) (state) (zip) 3. Date of Birth: c l C3 4. Place of Birth: MIJS / 4AV • (mo /day /year) (city /state) 4(d) • 5. Have you ever been convicted of any crime other than a traffic offense? Yes No �6 . If yes, explain 6. How long have you been a member of the organization? -2= ` k 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 4 1. Place where gambling devices will be used 00"i 9iljler -C ub T 2. Date or dates gambling devices will be used 54 a G 2 C Q ( (date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From _ AA M To A.M. 4. Maximum number of players 5. Will prdzes be paid in money or rchand�s� 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 refreshments? Yes NO Organization Information: 1. Address where regular meetings are he 113 202�q - PPK y r <�f 2. Day and time of meetings u--'C1G 3. Is the applicant organization o ganized under the laws of the State of Minnesota? Yes ?0 No 4. How long has the organization been in existence? ? 4a. How many members in the organization? 5. What is the purpose of the organization? 6Vc,.e ' ja.4 6. Officers of the Organization: Name Address p Title y rC„ � �-- &P� (I � 4- c-0g4 p'*S-u �e (TCO �LA - —S:fC_ 7. Give names of officers or any other persons paid for services to the organization: Name is - Address Title 4(d) �. Organization Information: (Continued) 8. In who a custody will organization records be kept? 1- Name who Address 9. If the 'organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer Lj� and Policy No. 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? 11. At ach 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 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 I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have ceived from the City of Hutchinson a copy of the City Ordinanc No. 655 relating to gambling, and I will familiarize m.yse with th co n",;hereof. Sig atu f o horized officer of orga Da 'mac' Subscribed and sworn to before me a notary public on this , 19 Signatur4 of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this 19 Signature of Notary Public Commission expires on • atlon day of day of . 4 (d) RETAIL "OFF SALE°' #250.00 90tate of Allnegota, ticte coursiy o /-- -� — ad --- City Council ....................... of the...........C of . ...... ........ ... Hutchinson To the ...... .............,................. ..................... .....................State of Minnesota: Wal -Ma Sto _r es, .... hereby aPPI_J- es__fcr a Ucrose for the term Of --- frci ae. —..-- _.._._.._...__._.._..____day of_ In Original Packages Only, Non- IntoxIcating Matt Liquors, a the Sarno are deltnod by lard, for ecns moon' OPP' aa,o aertakw in ow-- CITY describd m /oUoms, Wal -Mart Supercenter # 1738 1300 Trunk Highway 15 South Hutchinson, MN 55350 at which Piave said appUcaat.__..opsmfe-5-the bwinar a/._._ relai l,.- dis..counL- merchandlSQr and to that end reprosewt 5 _and stata_S se foils °: That said appUoant —. -- f s a �� ._....of the OnUod Staks; of good moral character and repute; and ha.:5_sttaWd the are of 11 years; that._ —_. he is tA, e,tabUAhmsnt for which the Uoenw mill be bawd if We appUoatioa is jranted That said apppoant...__make._s.." application pursuant and subleot to aU the lame of the State of AfWmacta and Oho crdlnaneoe and rejulattons a/ said- _- .....Li.t y.._ ..— _ aPp kfoab4 thereto. mhuh, are hereby made a Pori hereof, and hereby alree ubserw and obey the same: • (7 e M .Q a W..(1W ,tee ) Recommend approval. Driver's license I.D. required Each appUcont further states that Ao 4 not n the holder of, nor has he made appueaum for, nor doe, he intend to make apPUOGUM for a ldavl Retail Dealer's SPWW tax damp for the ease of Intoxieatiaj Uquor. • Dotal July 20, 2001 ..� r avid Bulling on - VP of Tax P. o. dddrsu_ 702 S 8th Street Bentonville. AR 72716• e) 0 Memorandum Date August 10, 2001 To: Chief Madson Ca Melissa Starke, Administrative etary Frof C Sgt. Dobratz, Investigations RE Background Investigation YN P 1 As of 810-01. I have completed a background check on Charles Homier Jr., who has applied for a Transient Merchant License with the City of Hutchinson. In the course of conducting this investigation, I did not find any information in his background that would exclude him from obtaining this license. It should be noted that on his application. Mr. Homier was asked to provide references from two • McLeod County property owners. Mr. Homier did provide three letters of recommendation. However, none of the recommendations came from anyone in McLeod County. Further, Mr. Homier was asked to state the last city where he carried on the same activity- Mr. Homier listed Sauke Centre, MN as the location with a date of 826-01. According to my calculations, this event has not yet occurred. If you have any questions, or I you require further investigation, please do not hesitate to contact me RMI • 4(f) 0 Memo TO: Mayor & City Council Frorrc Jean Ward. HRA Executive Director Data 07/24/01 Re: Request to set public hearing date regarding re- submission of Franklin -Grove Neighborhood Small Cities Rehab Grant Application The HRA requests that a public hearing date be set for Tuesday, August 28, 2001 to review the proposed Grove - Franklin Street Neighborhood grant application. Thank you for your consideration of this request F - 1 L J • • Page 1 4(g) Ch • MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Steve Madson, Director of Police /Emergency Management Service DATE: August 8, 2001 RE: Internet Crimes Against Children I have received word from Congressman Kennedy's office that Hutchinson Police Services has been awarded a grant in the amount of $45,000 to become a satellite investigation point for child pornography. This grant will cover the expenses associated with the purchase of additional equipment, training and travel expenses. As a result, this memorandum is a request for out of state travel approval for myself, • Sergeant Chris Dobratz and Information Technology Coordinator Tom Kloss to travel to Des Moines, Iowa, to meet with representatives of the Iowa Division of Criminal Investigation. The purpose of the trip is to observe their computer lab, obtain information relevant to the type of equipment which they utilize to investigation computer crime and develop ideas as the development of investigative protocol. We have not firmed up the meeting date as yet; however, it will be in the next 30 days and would require an overnight stay. The cost of the travel will be paid from the grant funds. If you have any questions regarding this memorandum, please do not hesitate to contact at your earliest convenience. /lkg 2001 -01 -0007 I� U 4 (h) CHANGE ORDER NO. 3 CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 (812) 234-1209 Sheet a+ NTRACTOR: R S R Excavating Letting No. 3 JProject No. 01 -09 805 Hwy 7 West, Hutchinson MN 55350 Project Location: Century Ave SW DESCRIPTION OF CHANGE: Construct 135 Sq. Ft. "Versa -Loc" retaining wall Including cap units and steps. L Work to be completed by Mitch Fabel/Reiner Landscaping. This work is not required to be completed by the August 1st, 2001 Contract completion date. Dated: 07127!2001 Item No. Spec. Ref. Item Name Unit Quantity Unit Price Amount INCREASE ITEMS: 2411 Modular Block Retianing Wall and Steps LUMP SUM 1 $3,995.00 $3,995.00 SUB -TOTAL $3,995.00 10% P & O $399.50 TOTAL INCREASE ITEMS $4,394.50 TOTAL CHANGE ORDER $4,394.50 NET INCREASE In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $4,394.50 (add) /(deduet). An extension of -0- days shall be allowed for completion. The original completion date shall not be changed. -,. PPROVED: o ractor ATED: — ' d APPROVED: Mayor DATED: PPROVED: Director of Engineering [DATED: 08/14/2001 APPROVED: City Administrator DATED: 4 4 r L 4(1) 0 RESOLUTION NO. 11727 RESOLUTION DENYING A VARIANCE MAXIMUM ALLOWABLE SIGNAGE ON A CANOPY OF A GAS STATION AND MAXIMUM TOTAL ALLOWABLE SIGNAGE IN THE C4 ZONING DISTRICT AS REQUESTED BY MURPHY OIL AND WALMART STORES AT 1300 HIGHWAY 15 SOUTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Murphy Oil Inc., applicant, and WalMart Stores, Inc., requested two variances for signage for a gas station located on property located at the northwestern intersection of Denver Avenue and Highway 15 S LEGAL DESCRIPTION: Lot 1, Block 1, Wal -Mart Subdivision 2n Addition, McLeod County, Minnesota 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. . 3. The Council has determined that the proposed use is not in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The City Council hereby denies the variance based on the fact there were no property characteristics which presented a hardship; the building size is small which provides for a smaller calculation for signage; and there were conforming alternatives for the applicants to consider. Adopted by the City Council this 14 ffi day of August, 2001. ATTEST: Gary D. Plotz City Administrator n U Marlin D. Torgerson Mayor 7(a) 0 Memo TO: Mayor and City Council From Brad Emans, Fire Chief CC: Gary Plotz and Ken Merrill Date: 07125/01 Re: Sale of Ladder #2331 We had our second bid opening for the sale of the 1975 Seagraves ladder truck on Monday, July 23, 2001. 1 wish I could give you better news, but we received only two bids. One bid was for $300.00 and the other was for $1510,00. • At this time, we are not ready to make a recommendation because we feel we have three options to consider. 1. Sell the ladder truck to the high bid of $1510.00 2. Park the truck in the back row, use it for a back -up pumper / ladder and take the extra points for our ISO rating. This alone will put us one full number lower in the rating. 3. Sell it to a neighboring department for $100.00, let them pay the maintenance and have the thick available to us as mutual aid for that "Big One" If any of you have any comments, I would be happy to hear from you. Thank you for the support you continue to give to the fire department 0 e Page 1 8(a) Moor "Sic TRP� Minnesota Department of Transportation Office of Aeronautics Mail Stop 410 222 East Plato Boulevard St. Paul, MN 55107 -1618 July 30, 2001 John Olson Asst. Public Works Director City of Hutchinson 1400 Adams St. SE Hutchinson, MN 55350 Subject: Hutchinson Municipal Airport AIP 3 -27- 0042 -03 S.P. 4304 -18; Agreement Number 81672 Purchase Snow Removal Equipment and Crack Repair Dear Mr. Olson: Phone: 651/296 -8202 Phone: 651/297 -1600 Fax: 651/297-5643 Fax: 651/296-1828 (651) 296 -8150 • Enclosed for the city's consideration are 4 copies of a proposed funding agreement on the subject project. If acceptable to the city, please have all 4 copies signed by 2 authorized representatives of the city and return all 4 executed copies along with the same number of resolutions authorizing the signing and acceptance. A sample resolution is also enclosed for your use. Sincerely, James D. Groehler, P.E. Regional Airport Engineer Enclosure r� u 8(b) An equal opportunity employer Rev. 5/00 Mn /DOT Agreement No. 81672 GRANT AGREEMENT FOR AIRPORT IMPROVEMENT O fhis Agreement is by and between the state of Minnesota acting through its Commissioner of Transportation ( "State "), and the City of Hutchinson ( "Municipality"). WHEREAS, the Municipality desires the financial assistance of the State for S P 4304 -18• Purchase Snow Removal Equipment and Crack Repair ( "Project ") for its airport; and WHEREAS, the State is willing and authorized by Minnesota Statutes Sections 360.015 and 360.305 to provide financial assistance to the Municipality for improvement of its airport; and WHEREAS, the Municipality has provided the State with the plans, specifications, and a detailed description of the airport improvement Project. NOW, THEREFORE, it is agreed as follows: 1. This Agreement is effective upon execution by the Municipality and the State, and will remain in effect until July 31, 2003 2. The Project costs will not exceed $ 169,622.00 . The proportionate shares of the Project costs are: Federal $ 150,000, and Municipal $ 19,622.00 . In the event federal reimbursement becomes available or is increased for this Project, the State will be entitled to recover from such federal funds an amount not to exceed the state funds advanced for this Project. No funds are committed under this Agreement until they are encumbered by the State. 3. The Municipality will complete the Project in accordance with the plans, specifications, and detailed description of the Project which are incorporated into this Agreement by reference. Any changes in the plans and/or specifications of the Project after the date of this Agreement are subject to prior written approval by the State. • 4. The Municipality will make disbursements to its contractor on a work - progress basis for which certified costs will be submitted to the State on prescribed forms. The State will reimburse the Municipality for the state and/or federal proportionate share of the approved Project costs. 5. For a Project which involves the purchase of equipment, the Municipality will be reimbursed by the State in one lump sum after the Municipality: (A) has acquired both possession and unencumbered title to the equipment; and (B) has presented paid invoices to the State, and a certificate that the equipment is not defective and is in good working order. The Municipality will keep the equipment, for which it is reimbursed under this Agreement, properly stored, in good repair, and will not use the equipment for any purpose other than airport operations. 6. Where the Municipality represents and shows that the Project involves force - account work, and where the State approves, the work will be done in accordance with the schedule of prices established by the Municipality and set forth in the attached exhibit which is made a part of this Agreement. 7. The Municipality will operate and maintain its airport as a licensed, municipally-owned public airport at all times of the year for a period of 20 years from the date the Municipality receives final reimbursement under this Agreement. The Municipality will not sell, mortgage, lease, assign, abandon, use for other than airport purposes, or in any way transfer any of the Municipality's interest in the airport or in any real or personal property which is purchased or improved with State aid funds without prior written approval from the State, and then the transfer or use may be made subject to conditions as the State may designate at that time. 8. Ifthe Municipality fails to comply with the terms of thisAgreement, the State may terminate this Agreement immediately upon written notice to the Municipality. Upon demand, the Municipality will immediately return to the State all amounts received under this Agreement, plus interest at 8% per annum from the date of payment. 9. The Municipality certifies that it presently has available sufficient unencumbered funds to pay its share of the Project. The Municipality is responsible for the execution of this Agreement, and for complying with municipal charter and applicable state and federal laws. • 10. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the Municipality will maintain such records and provide such information, at the request of the State, so as to permit the Department of Transportation, the Legislative Auditor, and/or the State Auditor to examine those books, records, and accounting procedures and practices of the Municipality relevant to this Agreement for a minimum of six years. 8(b) U. The Municipality will save and hold harmless the State from any claims, liabilities, or damages including, but not limited to, its costs and attorneys' fees arising out of the Project which is the subject of this Agreement. 12. The Municipality will not utilize any state or federal financial assistance received, pursuant to this Agreement, to compensate either • directly or indirectly any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Municipality from utilizing these funds to pay any party who might be disqualified or debarred after the Municipality's contract award on this Project. 13. All contracts for materials, supplies, or construction performed under this Agreement will comply with the equal employment opportunity requirements of Minnesota Statutes Section 181.59. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by t n. S aT § 16A.1 , and 16C. 05. By: Date: MAPS Order No. 2. MUNICIPALITY Municipality certifies that the appropriate person(s) have executed the agreement on behalf of the Municipality as required by applicable articles, bylaws, resolutions, or ordinances. • By. Title: Date: By: Title: Date: MUNICIPALITY'S SIGNATURE ACKNOWLEDGMENT This instrument was acknowledged before me this day of by _ and of _ • (Name) (Name) the 3. MINNESOTA DEPARTMENT OF TRANSPORTATION 0 Date: ,2001, (Title) (Title) [Notary Seal] (Name of Municipality) NOTARY PUBLIC Director, Office of Aeronautics My Commission Expires: • RESOLUTION NO. 11773 • AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT IMPROVEMENT WHEREAS, the state of Minnesota Agreement No. 81672, "Grant Agreement for Airport Improvement," for State Project No. 4304 -18 at the Hutchinson Municipal Airport is accepted; and WHEREAS, the Mayor and City Administrator are authorized to execute this Agreement and any amendments on behalf of the City of Hutchinson THEREFORE BE IT RESOLVED That the above resolution is a true and correct copy of the Resolution adopted by the City of Hutchinson on the 14` day of August, 2001 Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator 8 (b) 0 CITY OF HUTCHINSON MEMO Finance Department August 10, 2001 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: INSURANCE RENEWAL Dennis Potter will be in attendance to review the City of Hutchinson's insurance coverage renewal. Attached is the comparison of prior year premium to the renewal premium. After review and if all questions have been answered we would ask • the council to approve the renewal of the insurance policies. • 8(c) City of Hutchinson &uhiect of Insurance 1998 -99 LMCIT 1999 -00 LMCIT 2000 -01 LMCIT 2001 -02 LMCIT 2001 -02 Change 2001 -02 Percentage Property 15,898* 17,812 19,963 30,747 10,784 54.02 Limits: 26,217,473 26,719,954 29,021,566 39,419,060 10,397,494 35.83 Rate per (00's): 0.061 0.0666 0.0688 0.0780 .0092 13.37 Deductible 25,000 25,000 25,000 25,000 Inland Marine 4,047 4,867 4,946 8,725 3,779 76.41 Limits: 698,392 ** 796,000 820,112 1,739,293 9 19, 181 112.08 Rate per (00's): 0.300 0.3302 0.32496 0.35997 .03501 10.77 Deductible: 500 500 500 500 Boiler & Machinery 4,745 4,836 5,253 7,073 2,237 42.59 Fidelity Bond (Performance) 2,485 2,485 2,485 2,617 132 5.31 Limit 300,000 300,000 300,000 300,000 Crime 1,428 1,651 0 Now Included @ No Charge Deductible: 500 500 500 500 Automobile 36,151 37,362 38,939 39,139 200 .01 • $750,000 CSL 750,000 750,000 $1,000,000 $1,000,000 Liability Deductible 25,000 25,000 25,000 25,000 Comprehensive Deductible: 500 500 500 500 Collision Deductible 500 500 500 500 General Liability 98,948 * ** 80,015 114,956 144,387 29,431 25.60 Inverse Condemnation Included Included Included Included $600,000 CSL 750,000 $1,000,000 $1,000,000 Liability Deductible: 25,000 25,000 25,000 25,000 Liquor Liability 6,258 6,683 7,422 7,422 Receipts 2,503,385 2,673,373 2,968,644 2,968,644 Rate /$100: 0.250 0.250 0.250 0.250 Limit of Liability: 1,000,000 1,000,000 1,000,000 1,000,000 Public Officials Liability Included in GL Included in GL Included in GL Included in GL $600,000 750,000 $1,000,000 $1,000,000 $1,000,000 Liability Deductible: 25,000 25,000 25,000 25,000 Airport Liability 5,610 3,656 3,656 3,656 Limit of Liability 5,000,000 5,000,000 5,000,000 5,000,000 *angerkeepers Liability: 1,000,000 1,000,000 1,000,000 1,000,000 Total 175,570 159,367 195,135 243,766 48,631 24.92 LMCIT Premium Only 161,217 146,543 184,057 230,071 46,014 25.00 8(c) Page -2- City of Hutchinson 2001 - 2002 Comparison City of Hutchinson * Properties for Utilities deleted. * * Coverage broadened to include all unscheduled property under $25,000. * ** Includes General Liability for Gas Utility. 7 -01 -01 Renewal Notes -- The $25,000 deductible on Property and Liability saves $101,134. Property values up $10,397,494 or 36 %. Property rate is up 13.37 %. Products Liability for Composting Facility with limits of $5,000,000 are included at a premium of $6,638. crease in other Liability is due to increase in expenditures and adverse loss experience. The loss experience results in a 10% debit. • 8(c) CITY OF HUTCHINSON MEMO Finance Department August 10, 2001 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: SALE OF 2001 IMPROVEMENT BONDS Jim Prosser Financial Consultant, from Ehlers & Associates Inc., will be present to review the attached Bond Sale Report. The report calls for the City of Hutchinson to sell $2,205,000 of • bonds with a bid opening date of August 28, 2001 • WF BOND SALE REPORT $2,205,000 General Obligation Improvement Bonds, Series 2001 City of Hutchinson, Minnesota W.':Pp August It 2001 0 Ehlers a Associates, Inc. 8(d) r� u O HMM This report describes the proposed plan for the City of Hutchinson to issue $2,205,000 General Obligation Improvement Bonds, Series 2001. This report has been prepared by Ehlers and Associates, in consultation with City Staff and bond counsel. This report deals with: Purpose and components of bond issue. Structure. Other considerations in issuing bonds. Market conditions. Issuing process. u pl iplu The $2,205,000 General Obligation Improvement Bonds, Series 2001 are being issued pursuant to Minnesota Statutes, Chapters 429, 459 and 475, for the purpose of financing various public improvement projects. The proposed finance plan consists of the improvement projects listed in Exhibit 1. Financing these projects requires a bond issue in the amount of $2,205,000. The proposed finance plan consists of the following sources and uses of funds: Sources Par Amount of Bonds $2,205,000 Total Sources Uses Total Project Costs $2,151,664 Discount Allowance 22,050 Contingency 786 Finance Related Expenses 30,500 Page 1 $2,205,000 8(d) . Total Uses • • Page 2 $2,205,000 8(d) • SnICTINE = CEP /YUM The Bonds are general obligations of the City of Hutchinson and as such are secured by a pledge of the City's full faith, credit, and taxing powers. Receipt of special assessments in the amount of $1,054,236 and levied in 2001 through 2010 against specially benefitted properties, plus interest at 6.00% collected on the unpaid balance from year to year, and ad valorem taxes will be sufficient to provide not less than 105% of principal and interest on the Bonds, as required by Minnesota law. The Bonds would be sold August 28, 2001 and be dated September 13, 2001. The first interest payment on the Bonds will be August 1, 2002, and semiannually thereafter on February 1 and August 1. Principal on the Bonds will be due on February 1 in the years 2003 through 2012. The projected debt service and flow of funds can be found in Exhibit 2. OUR CIMIMT18a • Following is a summary of key factors in the finance plan: We recommend the following call feature: Bonds maturing February 1, 2010 and thereafter will be subject to prepayment at the discretion of the City on February 1, 2009. We anticipate that the City (in combination with any subordinate taxing jurisdictions or debt issued in the Citys name by 501(c)3 corporations) will not issue more than a total of $10,000,000 in tax- exempt debt during this calendar year. This will allow the Bonds to be designated as bank qualified. Bank qualified status broadens the market and achieves lower interest rates. Because the City is not issuing more than $5,000,000 in tax - exempt obligations during calendar year 2001, the debt will qualify for the small issuer exemption from arbitrage rebate. The Bonds will be global book enhy. As "paperless" bonds, you will avoid the costs of bond printing and the need for registrar /paying agent. Bidders on this issue may submit a bid which contains a maturity schedule providing for any • combination of serial bonds and term bonds, subject to mandatory redemption. If the purchaser of the Bonds designates certain of the maturities as Tenn Bonds, subject to a mandatory call, the City will be responsible for providing a Notice of Call to holders of the Page 3 8(d) • Bonds at least 45 days prior to the call date. Allowing potential purchasers the term bond option results in increased bidder interest in this issue and possible lower interest rates. Moody's Investors Service will be asked to rate this issue. The City currently has an "A3" rating on its outstanding general obligation bonds. Current regulations of the Securities and Exchange Commission on the continuing disclosure of municipal securities apply to long -term securities with an aggregate principal amount of $1,000,000 or more. Because the aggregate amount of this issue is over $1,000,000 and the City has more than $10,000,000 in total municipal obligations outstanding, you will be obligated to comply with Full Continuing Disclosure requirements as required by paragraph (b)(5) of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934. You will be required to provide certain financial information and operating data relating to the City annually and to provide notices of the occurrence of certain material events. The specific nature of the Undertaking, as well as the information to be contained in the notices of material events will be set forth in the Continuing Disclosure Covenants that you will enter into at the time of closing for this issue. • You are responsible for reporting any of the material events listed below and in the Undertaking. 1. Principal and interest payment delinquencies; 2. Non - payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit of liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax - exempt status of the securities; 7. Modification to rights of holders of the Securities; 8. Securities calls; 9. Defeasances; 10. Release, substitution or sale of property securing repayment of the Securities; 11. Rating changes; 12. Failure to provide annual financial information as required; and 13. Other material events. LJ Page 4 8(d) 0 Runwii Ornmrm s We have reviewed all outstanding indebtedness for the City and find that there are no immediate refunding opportunities for the City at this time. We will continue to monitor the market and the call dates for the City and alert you to any future opportunities. n U • rage 5 8 (d) • MUKET CINIMINs The Bond Buyer's 20 Year G.O. Index ( "BBI ") currently stands at 5.10 %. The chart below illustrates trends in tax - exempt interest rates over recent years. Rates have followed a downward trend during the last half of 2001. Significant changes in rates are not expected prior to the sale. • n L J Page 6 8(d) 4D ISa m Peeem Following is a tentative schedule for the steps in the issuing process. August 14, 2001 City Council adopts resolution calling for the sale of the Bonds Week of August 20, 2001 Submit draft Official Statement and rating materials to Moody's Investors Service for credit rating Week of August 20, 2001 Distribute Official Statement Week of August 20, 2001 Receive credit rating August 28, 2001 Bond sale September 13, 2001 Bond closing (estimated) • Feen i CemEuTism The City tentatively plans to issue between $520,000 and $720,000 General Obligation Equipment Certificates later this year. N.\Minmsop\Au[chi MBimm 00I S2205msepl(GOInq)Tresak • Page 7 8 (d) Date Jerry Gilligan Dorsey & Whitney LLP 220 South Sixth Street Minneapolis, MN 55402 RE: City of Hutchinson, Minnesota $2,205,000 General Obligation Improvement Bonds, Series 2001 The City Council will meet on August 28, 2001 to consider and award the sale of the above referenced issue. • Please prepare the resolution awarding the sale of the Bonds, a Continuing Disclosure Certificate as well as a legal opinion to be included in the appendix of the Official Statement which is to be printed on August 17, 2001. Enclosed are sale details for your reference. Please call Jim Prosser with any questions. Sincerely, EHLERS & ASSOCIATES, INC. Sandy Ludford Enclosures N: f9raaomUlWChmmn\13uwn\200152205mNpXG01op )\P c 1e 8(d) 0 • 0 SALE DETAILS DATE: August 14, 2001 ISSUER: City of Hutchinson, Minnesota BOND NAME: $2,205,000 General Obligation Improvement Bonds, Series 2001 BOND ATTORNEY: Jerry Gilligan; Dorsey & Whitney LLP PURPOSE: The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429, 459 and 475, to provide funds for the financing of various public improvement projects in the City. Sale Date: August 28, 2001. Est. Closing Date: September 13, 2001 Proposal Opening: 11:00 A.M., office of Ehlers & Associates, Inc. Proposal Award: 5:30 P.M., municipal offices. Type of Sale: Independent Financial Advisory Provision. Bonds Dated: September 13, 2001. Maturity: February 1, 2003 - 2012 (See attached preliminary schedule) Term Bond Option: All dates are inclusive. Bids for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amounts of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. 8(d) Pi • • Sale Details Continued: City of Hutchinson, Minnesota First Interest: August 1, 2002. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months and will be rounded pursuant to rules of the MSRB. Call Feature: Bonds maturing on February 1, 2010 and thereafter shall be subject to call and prior payment on February 1, 2009 or any date thereafter at par plus accrued interest Notice of such call shall be given by mailing a notice at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registration books. Minimum Proposal: $2,182,950. Good Faith: $44,100, payable to the Issuer (Cashiers or Certified Good Faith Check or wire transfer of funds to Ehlers Good Faith Escrow or financial surety bond. Record Date: Close of business on the 15th day (whether or not a business day) of the immediately preceding month. CUSIP Numbers: The Issuer will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. Registration/ Book Entry Only: This offering will be issued as fully registered Bonds and, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York. Financial Advisor: Jim Prosser; Ehlers & Associates, Inc. # O/S to Purchaser: 75 copies. 8 (d) • tLJ • Sale Details Continued: City of Hutchinson, Minnesota Rating Requested: Qualified Tax - Exempt Obligations: Continuing Disclosure: Moody's Investors Service. These Bonds will be designated as qualified tax- exempt obligations. This issue will be subject to Full Disclosure requirements. Full Continuous Disclosure Undertaking: The Issuer will file the Annual Financial Information and Audited Financial Statements within 365 days after the end of their next fiscal year. The Issuer will update the following sections of the Official Statement in their annual updates: General Obligation Issues Current Property Valuations Direct Debt Overlapping Debt Debt Ratios Tax Levies & Collections Net Tax Capacity Rates Population Trend Employment/Unemployment Larger Employers Larger Taxpayers PLEASE NOTE: Include provisions in the sale resolution for the payment of issuance expenses on the date of closing. NAM®aola\I-I hmsm\Bis.d D01 S2205msepgG0bW)\Prtsek 8 (d) • Resolution No. 11772 Resolution Providing for the Sale of $2,205,000 General Obligation Improvement Bonds, Series 2001 WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,205,000 General Obligation Improvement Bonds, Series 2001 (the 'Bonds "), to finance the construction of various improvements in the City; and WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Hutchinson, Minnesota, as follows: Authorization: Findings The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. Meeting7 Proposal Q=in e . The City Council shall meet at the time and place specified in the Terms of Proposal for the purpose of considering sealed proposals for, and awarding the sale of the Bonds. The City Administrator, or designee, shall open proposals at the time and place specified in such Terms of Proposal. • Terms of Proposal The terms and conditions of the Bonds and the sale thereof are fully set forth in the Bond Sale Report and are hereby approved and made a part hereof. Official Statement In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. Whereupon said resolution was declared duly passed and adopted. Dated this day of August, 2001. ATTEST: Marlin Torgerson, Mayor • Gary D. Plotz, City Administrator 8(d)