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cp09-09-1997 cSEPTEMBER 1997 HUTCHINSON CITY CALENDAR WEEK OF September 7 to September 13 SUNDAY -7- MONDAY -8- 1:30 p.m. - Open Bids at City Center for Letting #10, Project No. 97 -28 1:00 p.m. - HATS Joint Powers Board Meeting at HATS 5:00 -8:00 p.m. - Transportation Study Open House at City Center Council Chambers 8:00 p.m. - Fire Dept. Meeting TUESDAY -9- 3:30 p.m. - City Council Budget Workshop at City Center Main Conference Room 5:30 p.m. - City Council Meeting in Council Chambers WEDNESDAY THURSDAY FRIDAY 1 SATURDAY 1 1� -10- -11- -12- -13- 10:00 a.m. - Directors Meeting in Staff Conference Room 3:00 - 7:00 p.m - Hwy. 22 By -Pass Open House /Meeting at City Center SEPTEMBER 12 - 13 CONFERENCE /SEMINAR/ VACATION 1:00 p.m. - Snowmobile Committee Meeting in City Center Main Conference Room 9/12 Larry Huhn (V) 9/8 -12 Marilyn Hed (V) C = Conference S = Seminar V = Vacation ARTS & CRAFTS FESTIVAL AGENDA • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 9, 1997 CALL TO ORDER - 5:30 P.M. INVOCATION - Rev. Don Cloeter, Our Savior's Lutheran Church CONSIDERATION OF MINUTES MINUTES OF AUGUST 26,1997; BID OPENING OF AUGUST 25, 1997 Action - Approve as presented -"approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF MAY 1, 1997 2. LIBRARY BOARD MINUTES OF AUGUST 25, 1997 AIRPORT COMMISSION MINUTES OF AUGUST 25, 1997 4. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF JULY 15, of 1997 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 97 -205 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING SECTION 8.12 ENTITLED "USE OF BICYCLES, ROLLER OR IN-LINE SKATES AND SKATEBOARDS IN DOWNTOWN BUSINESS DISTRICT" AND BY ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. ORDINANCE NO. 97 -206 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (SECOND READING AND ADOPT) 3. ORDINANCE NO. 97 -207 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (SECOND READING AND ADOPT) 4. ORDINANCE NO. 97 -208 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 7.07, SUBD. 5(A) ENTITLED "PLACING SNOW OR ICE IN A ROADWAY OR ON A SIDEWALK" BY ADDING LANGUAGE AND BY ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST READING AND SET SECOND READING FOR SEPTEMBER 23, 1997) CITY COUNCIL AGENDA - SEPTEMBER 9, 1997 5. 7 a (c) TEMPORARY SUNDAY LIQUOR LICENSE FOR AMERICAN LEGION • ON OCTOBERS, 1997 (d) APPOINTMENTS TO PARKS/RECREATION /COMMUNITY EDUCATION ADVISORY BOARD: > Reverend Todd Ertsgaard > Debbie Koglin > Peggy Westlund Action - Motion to approve consent agenda PUBLIC HEARING - NONE COMMUNICATIONS, REQUESTS AND PETITIONS - NONE UNFINISHED BUSINESS (a) MAIL BALLOT REFERENDUM PROPOSAL BY MICHAEL RIBICH AND MICHAEL CAMPA, REPRESENTING "PEOPLE ADVOCATING RESPONSIBLE TAXATION" (DEFERRED AUGUST 26, 1997) Action - Motion to reject - Motion to approve and adopt Resolution (b) CONSIDERATION OF FIVE YEAR ANNEXATION STAGING PLAN (DEFERRED AUGUST 26, 1997) Action - Motion to reject - Motion to approve NEW BUSINESS (a) CONSIDERATION OF HUTCHINSON MOTOR VEHICLE DEPARTMENT SELLING DNR LICENSES Action - Motion to reject - Motion to approve (b) CONSIDERATION OF SETTING TRUTH IN TAXATION HEARING DATE Action - Motion to reject - Motion to approve and adopt Resolution No. 10892 (c) CONSIDERATION OF ESTABLISHING 1998 PRELIMINARY TAX LEVY Action - Motion to reject - Motion to approve and adopt Resolution No. 10893 (d) CONSIDERATION OF TERMINATION OF TAX INCREMENT FINANCING DISTRICT NO. 9 Action - Motion to reject - Motion to approve and adopt Resolution No. 10894 (e) CONSIDERATION OF CALLING FOR SALE OF 1997 IMPROVEMENT BONDS Action - Motion to reject - Motion to approve 0 2 CITY COUNCIL AGENDA - SEPTEMBER 9, 1997 • (f) CONSIDERATION OF SETTING CITY COUNCIL BUDGET WORKSHOP Action - (g) CONSIDERATION OF SUBDIVISION AGREEMENT FOR ISLAND VIEW HEIGHTS SECOND ADDITION (DEFERRED AUGUST 12, 1997) Action - Motion to reject - Motion to approve agreement (h) CONSIDERATION OF AWARDING CONTRACT FOR LETTING NO. 10, PROJECT NO. 97 -28 (ISLAND VIEW HEIGHTS SECOND ADDITION) Action - Motion to reject - Motion to approve and adopt Resolutions No. 10895 - No. 10898 (i) CONSIDERATION OF AWARDING CONTRACT FOR LETTING NO. 7, PROJECT NO. 97 -13, 97 -26, 97 -27, 97 -31 Action - Motion to reject - Motion to approve and adopt Resolution No. 10899 & No. 10900 (a) COMMUNICATIONS BY CITY ADMINISTRATOR OF SECOND QUARTER REPORTS FOR 1997 DEPARTMENT OBJECTIVES AND STRATEGIES 10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 11 7, 0181099101.11►�Yy C , I 3 0 MEMORANDUM September 5, 1997 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary Subject: CITY COUNCIL MINUTES OF AUGUST 26, 1997 During this past week we experienced the crash of the City's computer server twice. As a consequence, I lost three hours of entry on my August 26, 1997 City Council minutes. I had intended to listen to the video tape of the meeting for items 6 -(b) and 7 -(a) since there was some discussion among staff of the outcome. Therefore, I did not get these two agenda items completed in the minutes. I will give you a full cony of the minutes on Monday, September 8. 0 MINUTES • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 26, 1997 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlmar, Kay Peterson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Don Prewitt. 3.. MINUTES -- None 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JULY 1997 2. FINANCIAL /INVESTMENT REPORT - JULY 1997 PLANNING COMMISSION MINUTES OF JULY 15, 1997 4. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF JUNE 5. 1997 • 5. AIRPORT COMMISSION MINUTES OF FEBRUARY 24, 1997, APRIL 28, 1997 AND JUNE 30, 1997 6. LIGHT TRAFFIC ADVISORY BOARD MINUTES OF JULY 21, 1997, AND AUGUST 11. 1997 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 97-204 - AN ORDINANCE AMENDING SECTION 2.51 OF THE HUTCHINSON CITY CODE ENTITLED "PLANNING COMMISSION" BY CHANGING CERTAIN LANGUAGE THERETO AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) ORDINANCE NO. 97 -205 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING SECTION 8.12 ENTITLED "USE OF BICYCLES, ROLLER OR IN-LINE SKATES AND SKATEBOARDS IN DOWNTOWN BUSINESS DISTRICT" AND BY ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST READING AND SET SECOND READING FOR SEPTEMBER 9, 1997) 3. RESOLUTIONS - LETTING NO. 7, PROJECT NO. 97 -13, 97 -16, 97 -25, 97 -26, 97 -27, 97 -30, 97 -31 . (a) RESOLUTION NO. 10886 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 5015 CITY COUNCM MINUTES - AUGUST 26, ] 997 (b) RESOLUTION NO. 10887 - RESOLUTION FOR HEARING ON • PROPOSED ASSESSMENT, ASSESSMENT ROLL NO. 5015 4. RESOLUTION NO. 10888 -- RESOLUTION TO ENTER INTO CONTRACT WITH MnDOT TO PROVIDE PUBLIC TRANSPORTATION SERVICE 5. RESOLUTION NO. 10889 -- RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (JEFFERSON STREET AT OAKLAND AVENUE AND CENTURY AVENUE) (c) APPOINTMENT OF JOE DRAHOS TO PLANNING COMMISSION (d) APPOINTMENT OF CHUCK DEHLER TO HRA BOARD (e) OUT -OF -STATE TRAVEL FOR GARY D. PLOTZ AND LAWRENCE WINTER TO ATTEND SUSTAINABLE COMMUNITIES MIDWEST CONFERENCE IN DES MOINES, IOWA ON SEPTEMBER 14-16,1997 (1) LOCATION CHANGE FOR FARMERS MARKET ON SEPTEMBER 13, 1997 (g) SHORT -TERM GAMBLING DEVICES LICENSE FOR HUTCH WRESTLING CLUB INC (h) APPOINTMENTS TO SALES TAX TASK FORCE: ► CHAMBER OF COMMERCE BOARD OF DIRECTORS -- JIM FAHEY • ► HCDC MEMBER -- RICH WESTLUND ► 2 RETAIL OWNERS -- DUANE HOVERSTEN MARK MITTELSTEADT ► MEMBER OF PLANNING COMMISSION -- NONE ► CITY COUNCIL REPRESENTATIVE -- ► CITY STAFF (FACILITATOR) -- ► 5 MEMBERS AT LARGE -- MICHAEL RIBICH JUDY SIMONS (i) PERMISSION TO COMMENCE CONDEMNATION PROCEEDINGS REGARDING FIFTH AVENUE BRIDGE 0) DELINQUENT WATER AND SEWER ACCOUNTS (k) GRANT OF EASEMENT TO CITY OF HUTCHINSON BY HUTCHINSON HUSKI LIMITED (1) LOT SPLIT AND REZONING FROM C -2 AND R -2 TO R -3 REQUESTED BY RAY TERSTEEG ON- PROPERTY LOCATED AT 436 PROSPECT ST. N.E. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 97 -206 AND SET SECOND READING FOR SEPTEMBER 9, 1997) (m) CONDITIONAL USE PERMIT REQUESTED BY RAY TERSTEEG TO CONSTRUCT 4-PLEX BUILDING LOCATED IN PROPOSED R -3 DISTRICT AT 436 PROSPECT STREET N.E. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT CITY COUNCIL MINUTES - AUGUST 26, 1997 0 RESOLUTION NO. 1088 1) (n) REZONE PROPERTY FROM C -4 TO I/C LOCATED AT 845 HWY 7 WEST REQUESTED BY OTTO TEMPLIN, E&T CONTRACTING WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 97 -207 AND SET SECOND READING FOR SEPTEMBER 9, 1997) (o) CONDITIONAL USE PERMIT REQUESTED BY OTTO TEMPLIN, E &T CONTRACTING TO CONSTRUCT A 24'X 60' ADDITION ONTO EXISTING BUILDING LOCATED AT 845 HWY 7 WEST WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10882) (p) CONDITIONAL USE PERMIT REQUESTED BY STATE OF MINNESOTA FOR CONSTRUCTION OF A 90' RADIO TOWER TO BE LOCATED AT H.A.T.S. FACILITY ON HWY 22 SOUTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10883) (q) CONDITIONAL USE PERMIT REQUESTED BY MICHAEL OLSON TO CONSTRUCT ADDITION ONTO NON - CONFORMING GARAGE LOCATED AT 15 11TH AVENUE N.E. WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10884) • (r) CONDITIONAL USE PERMIT REQUESTED BY RICK LINDER TO REMOVE EXISTING NON - CONFORMING GARAGE AND CONSTRUCT A 24'X 28' GARAGE TO BE LOCATED AT 435 FRANKLIN STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10885) (s) VACATION OF PARK LANE LOCATED IN ROLLING OAKS FOURTH ADDITION REQUESTED BY CITY STAFF WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (t) VARIANCE REQUESTED BY DOUG INSELMAN TO REDUCE FRONT YARD SETBACK TO CONSTRUCT ADDITION ONTO NON - CONFORMING HOUSE LOCATED AT 1010 DALE STREET IN LYNN TOWNSHIP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (u) CONDITIONAL USE PERMIT REQUESTED BY DARYL LUTHENS TO OPERATE 1,620 ANIMAL UNIT FAMILY DAIRY OPERATION IN SECTION 3 OF HASSAN VALLEY TOWNSHIP WITH NO RECOMMENDATION OF PLANNING COMMISSION (v) APPROVAL TO INVEST CITY FUNDS The Mayor requested that item 4 -(h) be deferred to a future date. Motion was made by Erickson, seconded by Mlinar, to approve the consent agenda . with the exception of items 4 -(s) and 4 -(u) and to defer item 4 -(h). Motion - unanimously carried. CITY COUNCIL MINUTES - AUGUST 26, 1997 Item 4- (s) - -The Mayor presented a background explanation of the drainage and utility easement located on Lot 1, Block 1, Campbell Lake Addition. Following discussion, the motion was made by Peterson, seconded by Erickson, to approve the Planning Commission's recommendation not to vacate the existing easement. Motion unanimously carried. Item 4 -(u)- -Craig reported that since the Luthens' property is located in the urban boundary and is under County jurisdiction, the Planning Commission made no recommendation. Following discussion, motion was made by Peterson, seconded by Craig, to approve the no recommendation and support the Planning Commission. Motion unanimously carried. PUBLIC HEARING - 6:00 P.M. (a) LETTING NO. 3, PROJECT NO. 97 -08 (FIFTH AVENUE SE) The Mayor called the hearing to order at 6:12 p.m. and read the Notice of Hearing on the proposed improvement located on Fifth Avenue SE. The City Engineer reported there were no assessments for the bridge, but the roadway will be assessed to benefitted property owners. He then reviewed the costs and area involved. Rodeberg stated the project would be bid in approximately one month and work would begin in 1998. Dick McClure, 925 Fifth Avenue SE, inquired about the footage of his property. He then asked about the difference in the assessment amount listed for Allied Mechanical • and his property. Rodeberg explained that there was a 50 foot assessment with a credit to Allied, but McClure's property had no comer lot credit. Also, it was an odd shaped lot. Motion by Erickson, seconded by Craig, to close the hearing at 6:30 p.m. Motion unanimously carried. Motion by Erickson, seconded by Craig, to approve the project and to adopt Resolutions No. 10890 and No. 10891. Motion unanimously carried. (a) PRESENTATION BY BUILDING/PLANNING /ZONING DIRECTOR JIM MARKA REGARDING JEFFERSON STREET ANNEXATION AND CONSIDERATION OF FIVE YEAR ANNEXATION STAGING PLAN Director Marka stated that previously the City has not had a five -year annexation plan. Therefore, the Engineering/Planning staff is developing a five year capital outlay program which would forecast annexations and infrastructure improvement projects. He reported there is a 1999 staging plan for the Industrial Park, but staff needs directive from the City Council regarding the Jefferson Street area which is adjacent to the City. During discussion it was the consensus of the Council that there be no cost, or very minim cost, to the City for the Jefferson Street annexation. Motion was made by Mlinar to approve the proposed plan. There was no second; motion was withdrawn. • 4 CITY COUNCIL MINUTES - AUGUST 26, 1997 Motion was made by Craig, seconded by Mlinar, to defer and wait to consider the plan. Motion unanimously carried. (b) PRESENTATION OF FLOOD GRANT UPDATE (c) DISCUSSION OF COMPREHENSIVE TRANSPORTATION PLAN OPEN HOUSE (Council: September 8, 1997, 5:00 p.m. - 6:00 p.m.; Public: 6:00 p.m. - 8:00 p.m.) Following discussion, motion was made by Mlinar, seconded by Erickson, to approve the SRF Consulting and MnDOT open house to review the Hutchinson Transportation Study. Motion unanimously carried. (d) DISCUSSION OF STREET LIGHT INSTALLATION STAGING PLAN Rodeberg reported that the Hutchinson Utilities has developed a staging plan for street lights to be installed within the municipality. A map of the actual proposed locations has also been prepared. (e) DISCUSSION OF TRIAX CABLEVISION FIBER OPTIC EXPANSION PLAN It was reported that a ground breaking ceremony was held on August 21, 1997 for Phase II of the Hutchinson rebuild plan. Triax plans to construct the Hybrid Fiber • Coaxial "HFC" Plant which includes fiber optic cable construction and amplifier cascade reduction. This addition is intended to allow the system to be enhanced and channel capacity to be increased to produce a more efficient operation. Triax has hired a full -time project manager to be on -site. 7. UNFINISHED BUSINESS - (a) PRESENTATION REGARDING REFERENDUM PROPOSAL BY MICHAEL RIBICH AND MICHAEL CAMPA, REPRESENTING "PEOPLE ADVOCATING RESPONSIBLE TAXATION' (DEFERRED AUGUST 12, 1997) 8. NEW BUSINESS (a) CONSIDERATION OF WAIVING BUILDING PERMIT FEE FOR ADAMS STREET REHAB PROJECT Following discussion, motion was made by Erickson, seconded by Peterson, to approve waiving the building permit fee for the Adams Street rehab project. Motion unanimously carried. (b) CONSIDERATION OF CITY COUNCIL WORKSHOP FOR BUDGET DISCUSSION ON SEPTEMBER 9, 1997, AT 4:00 P.M. Motion was made by Peterson, seconded by Mlinar, to hold a Council workshop at 3:30 p.m. on September 9, 1997. Motion unanimously carried. 5 CITY COUNCIL MINUTES - AUGUST 26, 1997 am (c) CONSIDERATION OF CITY COUNCIL WORKSHOP TO DISCUSS SKETCH PLAN SUBMITTED BY JBS INC. The City Engineer and Building/Planning/Zoning Director commented on some of the issues to be addressed regarding the JBS sketch plan and platting. During discussion, it was the consensus of the Council Members that the City staff should be involved in the initial planning, but there should be no City costs. The Mayor appointed Council Member Peterson and himself to meet with Rodeberg and Marka to review the issues involved with the JBS sketch plan. MISCELLANEOUS (a) COMMUNICATIONS FROM HUTCHINSON AREA HEALTH CARE The Hutchinson Area Health Care Board requested approval of two capital expenditure items: 1.) 2 f Five Patient -- Purchase from Hill Rom in the amount of 25,543.00, including mattresses. 2.) Electronic Timekeeping System — Purchase Meditech System in the amount of $42,529.47. Motion was made by Mlinar, seconded by Peterson, to approve the two capital expenditures. Motion unanimously carried. (b) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Peterson reported that the library roof has a leakage problem so it will be looked at and repaired. (c) COMMUNICATIONS FROM CITY ADMINISTRATOR Plotz noted that filing for the November City Council election opened this morning. 10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Motion was made by Mlinar, seconded by Peterson, to approve the claims and authorize payment from appropriate funds. Motion unanimously carried. • � � 11;_►lul There being no further business, the meeting adjourned at 8:35 p.m. • . MINUTES BID OPENING MONDAY, AUGUST 25, 1997 Finance Director Kenneth B. Merrill called the bid opening to order at 2:00 p.m. Also present were Assistant Engineer Cal Rice and Administrative Secretary Marilyn J. Swanson. The reading of Publication No. 5061, Advertisement for Bids, Letting No. 7, Project Nos. 97 -13, 97 -16, 97 -25, 97 -26, 97 -27, 97 -30, 97 -31 were dispensed with. The following bid was opened and read: Wm. Mueller & Sons, Inc. All Projects: Hamburg, MN 5310,201.20 The bid was referred to the Engineering Department for review and a recommendation. The bid opening closed at 2:05 p. m. C] MINUTES . Parks, Recreation & Community Education Advisory Board May 1, 1997 Members present were Linda Martin, Loretta Pishney, John Mlinar, Lyle Block, Mike Schall, Rev. Brian Brosz, Mike Cannon and J.P. Auer. Also present were Dolf Moon, John McRaith and Karen McKay. The meeting was called to order at 5:16 p.m The minutes dated April 3, 1997 were approved by a motion made by Mike Schall and seconded by Loretta Pishney. The Board unanimo agreed. 01-D SS Luce Line Trail - Paving the trail is a $144,000 project, ISTEA funds will be used to finance this. There has been a meeting with the County Engineer, County Parks, City Engineer, Minnesota Department of Transportation, Department of Natural Resources, the Luce Line Association, and the Snowmobile Association. Discussion included possible over passhinder pass crossings on Hwy. #22 and Hwy. #7. Lighting would be necessary for an under pass while a cage system would be necessary on an over pass. In 1997, improvements on the Luce Line Trail east of Hutchinson will be made, while improvements west of Hutchinson will be made in'98. Work continues to connect the severance between Arch and Garden Streets. Summer Prgjec s • -Turf Issues - Roberts Park grass was damaged by winter kill and will be re- seeded. - Bandstand - Renovation continues, the roof tuck pointing and electrical work is being finished. The sidewalk and approach will be addressed and the triangle will be sodded. The first concert in the park is scheduled for June 9th. - Community Trails - The Light Traffic Task Force has more stripping and signing projects proposed along Dale Street off School Road, Linden Avenue near the Rec Center and Jefferson Street. Juul Road would be signed only. The Bike and Blade Bonanza is scheduled for Saturday, May 3rd 10 am-1 pm Four bikes and a four man raft will be given away at the event. Sharers Services - The Head Groundskeeper for the School questions whether both the city and school should own and maintain equipment for field maintenance. The City may contact out some services such as aerating. NEW Bic SS PRCE Registration - Registration for summe programs will be Tuesday, May 6th 6 -8 pro. Improveme= planned for this year include a cashier non- resident and an express line. Proim= Committee Recommendation - John McRaith met with Mike and Sheri Heinen to review the Figure Skating Program The Precision Lines are the Figure Skating Association's responsibility. .The Association will be responsible for the Freestyle 5 -8 program, they would hire the staff. A meeting will be scheduled for early May, all skaters involved in those levels will be notified by mail. In the meeting notice t will be explained that if there is an interest in group lessons attend the meeting. The City will accommodate the Association in scheduling ice time for the Freestyle 5 -8 skaters. John and Chuck Wedin will be present at the meeting as a resource. The City will have an end of year demonstration of skills for skaters. The Figure Skating Association will be in charge of the annual skating show beginning in'99. )� - A (2) MINUTES Parks, Recreation & Community Education Advisory Board May 1, 1997 Page two NEW BUSINESS .ONT. Initial Survey Results - The Board received the cost figures for staff and programs from communities including Chanhasse Brainerd, New Ulm, Owatonna and Marshall. In several communities the professional staff manage the facilities rather than run program In those communities, programs are run by special interest organizations. BOARD MEMBER ITEMS Second Ice Arena - Jeff Haag has met with Dolf to review items such as operating costs, and what might be possible with $600,000. ADJOURNMENT The meeting was adjourned at 6:28 pm by a motion made by Lyle Block and seconded by Mike Cannon. The Board unanimously agreed. 0 • 4) . Hutchinson Public Library Board Meeting Monday, August 25, 1997 Members Present: Mary Henke, Paul Wright, Kay Peterson, Connie Lambert, Richard Peterson, Joe Schulte, Sue Munz, Joyce Beytien Members Absent: Lois Carlson The meeting was called to order by Paul Wright, Chair. The minutes from the June 23 meeting were read and accepted with the addition of Annette Koehler participating in the MN Voluntary Certification Program for Library Staff. Old Business: Archie Kuoera, Custodian, presented a report, documented by dates and areas noted on a Library floor plan, showing leaking problems in several places in the newer added section. This has been an ongoing problem with different areas showing up with more frequency this spring and summer. Kay P. will bring this concern to council members tomorrow at their meeting. (MMP) A recommendation was made from the Library Board to the City Council to have an entire roof assessment soon because of the recurring leaks. • A revised library budget report was given by Mary stating the 1997 budget was $110,934 and the proposed 1998 budget is $108,077. Kay will be working with the Council tomorrow, August 26, on the City budget proposals. Internet usage has been constant, reported Mary. New Business: Mary will ask a Board member to assist her at the McLeod County Senior Expo on Tuesday, September 30 with an exhibit from the library including a computer. PLS Reports: Sue reported on some discussion at the PLS Board Meeting conceming the idea of possible service charges on businesses requesting specific information. The Board is asked to think and discuss this idea . A short discussion followed on the possible consolidation of the PLS offices in Willmar in the proposed new Willmar Library building. Mary reported the Automation Committee is in the process of qualifying for discounted telecommunication rates through E -rate. The meeting was adjourned.Two videos will be available at the September 22 Board Meeting concerning censorship and library - friendly ideas. Joyce Beytien, Secretary �/ _/4 (,;2-) rrl . HUTCHINSON AIRPORT COMMISSION MEETING MINUTES August 25, 1997 7:30 P.M. Airport Lobby Call To Order: 7:38 P.M. Members in Attendance: Skaar, Koenig, Dooley, Hantge Members Absent: Kahl, Mayor Torgerson Guests: Jim Faber, Tom Parker, Larry Karg Approval of June Meeting Minutes Old Business: 1. Discussion of Revisions to Phase 11, Part 1 drawings 2. Review of Hangar Conditions New Business: 1. Summary of Council meeting regarding approval of Phase 1I, Part 1 subject to monies becoming available from FAA/MnDot. This was done to bring members who were not at the June meeting up to speed on the project. 2. Review of TKDA report of June 30 meeting with Airport Commission. 3. Reading of letter from TKDA to Jim Popp, City Fire Marshall. 4. Tom Parker, local FBO, reported no new developments from his area. Next regular meeting will be held September 29, 1997 at 7:30 P.M. in the Lobby of the Hutchinson Municipal Airport . Meeting adjourned at 8:15 P.M. Minutes submitted by Chairman Dave Skaar i � -A �� HUTCHINSON AREA HEALTH CARE • REGULAR BOARD OF DIRECTORS' MEETING - July 15, 1997 Hospital Conference Room AB - 5:00 PM Present Tom Daggett, Chairperson; Paulette Slanga, Vice Chairperson; Don Erickson, Secretary; Elaine Black, Director; Jim Mills, Director. Others Present Philip G. Graves, President; Robyn Erickson, Care and Support Services Division Director; Pat Halverson, Community Care Division Director; Ed Tusa, Finance, Information and Quality /Senior Care Divisions Director; Corrinne Schlueter, Recorder. Absent Rich Myers, Director (excused) Dr. Mark Matthias, Trustee /Chief of Medical Staff (excused). The meeting was called to order at 5:10 PM by Chairperson Tom Daggett. Minutes of Past Meetings. Minuets of the June 17, 1997, regular board meeting were presented and discussed. Following discussion, a motion was made by Mills, seconded by Erickson , to approve the minutes of the last meeting. All were in favor. Motion carried. Medical Staff Meeting Minutes and Credentialing. In Dr. Matthias' absence, Graves presented the minutes of the July Executive Committee meeting. He noted two initial appointments: Initial (Provisional) Appointments: Dr. Wes Pederson Cardiology Dr. Paneer Manickam Internal Medicine Reappointments: Kevin Bray CRNA Gary Hanson CRNA John Strandell CRNA Dr. Bruce Rannow Chiropractor Voluntary Resignation: Kevin Christianson CRNA Courtesy Active Allied Health Allied Health Allied Health Allied Health Following discussion, a motion was made by Slanga, seconded by Black, to approve membership and privilege for the practitioners listed above. All were in favor. Motion carried. New Business. A. Capital Expenditures. I. Mammography Equipment. The current mammogram unit is ten years old and and has reached its expected technological life expectancy. Regular Board of Directors Meeting - 7/15/97 Page 2 • At this point the equipment needs to be updated to current technology. The unit meets requirements of the industry standards but is requiring more and more repair to maintain operation. Approximate cost of the unit is $70,000. Following discussion, a motion was made by Erickson, seconded by Mills, authorizing staff to bid a replacement Mammography unit. All were in favor. Motion carried. 2. Mental Health Secure Unit Remodeling Request. Halverson reviewed the strategic plan for Mental Health services that we have been advancing during the past year. A goal of the strategic plan is to continue to develop levels of care for mental health clients, creating a system of care which allows people to receive mental health services in their own community. A major part of the strategic planning process has been to recruit additional staff. Dr. Robin Brown joined us in October 1996, and specializes in children's care. Two new psychiatrists will arrive in Hutchinson on August 4, 1997. They are Dr. David Guth, Adult Psychiatry, and Dr. Steve Sonneck, Child and Adolescent Psychiatry. As part of the Strategic Planning process for Mental Health Services at Hutchinson Area Health Care, a multi- disciplinary team began working in 1996 and 1997 to examine the levels of care that we are able to provide within the inpatient setting. The team defined a problem in our ability to provide care to patients who need more security than our present open inpatient environment can provide. There will continue to be the shift in care to more outpatient services, but we believe there will always be a role for inpatient care within the continuum of mental health. Some patients who require inpatient hospitalization may need a more secure environment. The team is interested in being able to provide for patients who can be treated in an open unit as well as to provide care for patients who need a secure environment. The recommendation is to remodel the inpatient unit to allow for it to be secured when needed. The team believes that this will allow us to treat patients who currently are being transferred to secure facilities outside of our area due to being high elopement risks or suicide risks. A secure unit would also decrease our organizational risk by preventing elopements from our unit. It would also assist in limiting elderly patients who may wander and place themselves at risk of injury. The Mental Health Unit has been an open unit since it was built in 1970 and the Mental Health Staff ae concerned about the reaction of the Board Members, as well as the community to this proposed change. Board Members were asked their reaction regarding the philosophical change to a secure unit. Reasons in support of the change and reasons against securing the unit were voiced. Consenus was reached by the members to support the plan to secure the unit and the team will be asked to submit the remodeling proposal at an upcoming Board meeting. 3. Air Conditioning changes Three Air Conditioning problem areas were identified as and presented for to the board with a recommendation for change. The areas are as follows: ft Regular Board of Directors Meeting - 7/15/97 Page 3 The Surgery area is currently cooled by the main Chiller from the boiler room. Because of the demands placed on the system the hospital is not able to realize the required 44 degree chilled water supply during the summer. Chilled water temperatures are well up into the 50 degrees which are not adequate to lower temperatures and remove humidity to the extent required in surgery. The Trane Company has serviced the chiller and has indicated that no additional work can be done by them to improve the situation. A separate unit will allow for year round cooling of the surgical suite, regardless of the temperatures required for the rest of the building. Proposed Purchase Price: $39,000 The air in the Business Office, Administration, and Health Information Services is cooled by the Chiller during the summer months and vented through the rooftop. This has not provided sufficient air flow to keep these work spaces comfortable. The purchase of these three spot coolers will allow for cool air flow to the three areas for the remaining nine months of the year so that cooling can take place when ever needed. The proposed purchase price is $9,000, installed. The present Mental Health Unit Air Handling system is 25 years old. The unit has had a major freon leak. it has reached the life expectancy of the unit and requires replacement. The plan would be to replace the unit at the end of this summer. The proposed purchase price for the unit is $12,000. The board heard the rational for replacement and considered the request. Following discussion, a motion was made by Mills, seconded by Slanga , to authorize staff to enter the bidding process for the changes in the above air conditioning systems. All were in favor. Motion carried. 4. Painting of exterior of BMNH, including garage. A proposal to repaint the wood work on the outside of Bums Manor Nursing Home was considered. It has been many years since painting has been done. Routine maintenance is also needed to protect the wood finishes. Bids in the amount of $18,389, from Maki Painting & Decorating of Hutchinson and $21,120 from Phil G. Painting of Cokato were reviewed by the Board. Following discussion, a motion was made by Erickson, second by Black, accept the bid from Maki Painting and Decorating, and proceed with the project. All were in favor. Motion carried. B. BMNH Drainage Issues Graves reviewed with the board the problems encountered at Burns Manor from the recent rains. A claims adjuster was called in to assess the damage. There continues to be significant drainage problems at BMNH that will need correcting before repairs can be made at the lower level. Possible solutions were discussed. Graves is working with the City Engineer and will report at the next meeting. 11 3� Regular Board of Directors Meeting - 7115/97 Page 4 Organizational Renorts. A. President - Graves reported on the process with the Medicare Geographic Reclassification . The issue is in the hands of the politicians at this time. B. Acute Care - Nothing additional to report. C. Care and Program Support - Erickson commented on the Foundation Golf Scramble that is scheduled for August 1 lth D. Community Care - Nothing additional to report. E. Finance, Information and Quality /Senior Care - Nothing additional to report. Abbott Northwestern Report. Nothing to report. Allina Report Nothing additional to report. Accounts Payable. The accounts payable listing for June was presented. Following discussion, a motion was made by Mills, seconded by Erickson to approve the attached listing of accounts payable and cash disbursements in the amount of $996,919.06. All were in favor. Motion carried. Statistical Report. The Statistical Report was presented. Hospital admissions for the month were 195, compared to a budget of 191. Average daily census for June was 23.9, and the average length of stay was 3.6. Percentage of occupancy was 39.8°/x. Nursing home statistics showed occupancy of 93.41 %, and the average case mix of 2.44. Financial Report The organization's revenue over expense for June 1997, was $25,136 compared to a budget of $2,811. Auxiliary Minutes The hospital auxiliary meeting minutes were presented. No unusual comments were made. Adioumment Erickson moved to adjourn the meeting, seconded by Slanga. There being no further business, the meeting was adjourned at 6:45 PM. Respectfully submitted, Corrinne Schlueter Recorder Secretary 40 ORDINANCE NO 97 -205 2 ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING SECTION 8.12 ENTITLED "USE OF BICYCLES, ROLLER OR IN-LINE SKATES AND SKATEBOARDS IN DOWNTOWN BUSINESS DISTRICT" AND BY ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. Sec. 8.12 of the City Code entitled "Use of Bicycles, Roller or In -Line Skates and Skateboards in Downtown Business District" is hereby added and shall read as follows: SECTION 8.12 USE OF BICYCLES, ROLLER OR IN -LINE SKATES AND SKATEBOARDS IN DOWNTOWN BUSINESS DISTRICT. Subd. 1 Definitions. For purposes of this section the following terns are defined: "Bicycle" means a vehicle propelled through pedaling; "Roller/In-Line Skates" means a skate with wheels for movement across a hard surface; "Skateboard" means a hard board or frame with wheels attached for movement; propelled through leg movement; "Downtown Business District" means all sidewalks adjacent to Main Street within the City lints of the City of Hutchinson, on both the west and east sides of Main Street, from Second Avenue North to Fourth Avenue South, excluding alleys. Subd. 2 Unlawful Acts. No person shall ride a bicycle, roller skates or in -line skates or skateboard upon a sidewalk within the downtown business district provided, however, that bicycles, roller skates, in -line skates or skateboards may be walked or carried on said sidewalks. Nothing herein shall be construed to prohibit or in any way limit bicycles operated by peace officers or agents working under their direction while performing official duties. Section 2 City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation, a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 9th dayof September, 1997 Mayor Attest: City Administrator Published in the Hutchinson Leader First reading: August 26, 1997 Second reading: September 9, 1997 ORDINANCE NO. 97-206 AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from C -2 and R -2 to.R -3 with the following legal description: The North 199.5 feet of Lot 12 and the East Half of Lot 11, except the south 132 feet of said Lot 11, all in Block 13, Townsite of Hutchinson, North Half, according to the recorded plat thereof Adopted by the City Council this 9th day of September, 1997. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator �Z-1!6 ("2) C� ORDINANCE NO. 97 -207 AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from C-4 to I -C with the following legal description: Legal Description: Part of the Southwest Quarter of the Southeast Quarter of Section 36; Township 117 North, Range 30 West, McLeod County, Minnesota, and more particularly described as follows: Commencing at a point on the West line of the Southeast Quarter of Section 36, Township 117, Range 30, 1323 feet south of the Northwest corner thereof; thence East along the north line of the Southwest Quarter of the Southeast Quarter of said Section 36 for 353.00 feet to the point of beginning of the tract herein described; thence deflect right at an angle of 67 degrees 30 min. for 128 feet more or less to the Northerly • right -of -way line of old Trunk Highway No. 22; thence Northeasterly along said right -of -way line to a point on the North line of said Southwest Quarter of the Southeast Quarter of Section 36, said point lying 496.00 feet East of the point of beginning; thence West along said North line of the Southwest Quarter of the Southeast Quarter, Section 36 for 496.00 feet to the point of beginning. Adopted by the City Council this 9th day of September, 1997. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator � -4 (�3) • ORDINANCE NO. -208 2"' SERIES PUBLICATION NO. AN ORDINANCE OF THE CPI'Y OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER 7.07, SUBD. 5(A) ENTITLED "PLACING SNOW OR ICE IN A ROADWAY OR ON A SIDEWALK" BY ADDING LANGUAGE AND BY ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 7.07, Subd. 5(A) is hereby amended as follows: Subd. 5. Placing Snow or Ice on a Roadway or on a Sidewalk. A It is a misdemeanor for any person, not acting under a specific contract with the City or without special permission from the City Administrator, to remove snow or ice from private property and place the same in any roadway or on a sidewalk ' 0n 8}2Y iAlie 1J= r or right b MV na Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to • the Entire City Code Including Penalty for Violation" and Section 2.909 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 9th day of September, 1997. Mayor Attest: City Administrator Published in the Hutchinson Leader: First reading: August 26, 1997 Second reading: September 9, 1997 • Minnesota Department of Public Safety ` - LIQUOR CONTROL DIVISION 444 Cedar St. /Suite 100L St. Paul MN 55101 -2156 (612)296 -6439 TDD (612)282 -6555 APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORG TION DATE ORGANIZED TAX EXEMPT NUMBER P e-• VA STREET AD ESS r A V S� CITY STATE ZIP CODE — R W a br sJ V�A \. DSO NANJE QF PERSON �AI4ING APPLICATION `L BUSINESS PHONE / / HOME PHONE 1 RAJ A/ I - C. a .� �- /WO� 7..7S_LUy. b DATES LIQU R L BE SOLD to 4 days TYPE OF ORGANIZATION T ❑ CLUB ❑ CHARITABLE ❑ RELIGIOUS ❑ OTHER NONPROFIT ORGANIZATION OFFI ER'S NAME ADDRESS La V-tA �7rS s! . USw S' 33a OtGA TiON OFFI 'S NAME ADDRESS_ -� OR ANIZATION C 'S N . M.cc. ADDRESS 11 ecr k Location where license will used. If an outdoor area descnbc r ti o t t - �S W rem Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor license providing the service. 4& Will the applicant cam liquor liability insurance? If so, the carrier's name and amount of coverage. (NOTE: Insurance is not mandatory) APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBM[nTING TO LIQUOR CONTROL CITY /COUNTY City of Hutchinson DATE APPROVED CITY FEE AMOUNT $50.00 LICENSE DATES DATE FEE PAID 8 -26_97 NATURE CITY CLERK OR COUNTY OFFICIAL APPROVED LIQUOR CONTROL DIRECTOR : Do not separate these two parts, send both parts to the address above and the original signed by this dh t Tj will be returned as the license. Submit to the City or County at least 30 days before the event PS- 09079(8195) C I L TO: Mayor and Council FROM: Dolf Moon, Director PRCE DATE: September 3, 1997 Parks, Recreation & Community Education 900 Harrington Sheet SW Hutchinson, MN 55350 -3097 320 - 587- 2975IFax 310 - 234 -3243 RE: Advisory Board Appointments The following individuals are recommended for three year terms on the Parks Recreation and Community Education Advisory Council. Reverend Todd Ertsgaard Debbie Koglin • Peggy Westlund u PnmeJ un rccycicd pup,- �//-- -�)i 0 MEMORANDUM September 5, 1997 To: Mayor & City Council From: Gary D. Plotz, City Administrator Subject: ENTAIL BALLOT ORDINANCE Attached is a proposed mail ballot ordinance that was provided our office on Thursday, September 4, 1997. Barry Anderson briefly reviewed the proposed ordinance on Thursday afternoon and will be responding by separate memo to the City Council. At this point, I understand he is currently working on this correspondence. �1 �J cc: Michael Ribich Mr./Mrs. Michael Campa /mj s III 17-Al 0 MAIL BALLOT ORDINANCE In those instances where the city council is required or wishes to seek the approval of financial matters, by a vote of it's citizens, that vote shall be by mail ballot. Approval of the question submitted, shall be by a simple majority vote of the ballots returned on the question. The mail ballot shall not begin sooner than thirty days or later than sixty days following the city council's recommendation on such a vote. _ A, 0 , n u DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND PAUL D. DOVE' JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III 'ALSO ADMITTED IN TEAS AND NEW YORK RESIDENT ATTORNEY August 28, 1997 n n lUQ7 -tUTCr:...:ON OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5861 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (6 12) 545 -9000 FAX (612) 545 -1793 FAX (612)542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 3895506 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RE: Resolution - Mail Ballot Issue Our File No. 3188 -97358 Dear Gary: • Enclosed herewith, for your consideration, as a follow up to our discussion at the staff meeting earlier this week, is a copy of a proposed Resolution for the Council to consider at its first meeting in September. I remain convinced that encouraging the use of mail ballots is poor public policy, but I certainly agree that maximizing participation in the voting process by informed voters is a worthy goal and one worth pursuing. In that regard, please find enclosed Resolution which commits the City to a process of informing voters and also creates a committee to promote participation in particular referenda by informed voters. If you think it appropriate, this Resolution can be considered at the next City Council meeting and, of course, consideration of this Resolution is without regard to what happens to the Resolution offered by Council member Craig which was approved by the City Council at our last regularly scheduled meeting. This draft should be regarded as an initial or rough draft and you should feel free to contact me should you have any suggested changes, additions or corrections. Thank you. Best regards. Very truly yours, SON & DOVE, PLLP B A Berson GBA:lm Enclosure ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 (320) S87 -7575 FAX (320) 587 -4096 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION RESOLUTION • THIS RESOLUTION is made and entered into this day of September, 1997 by the Hutchinson City Council. RECITALS: WHEREAS, residents of the City of Hutchinson have the right to initiative and referendum by virtue of the Hutchinson City Charter, as amended by the voters in November, 1987; WHEREAS, there are no plans presently to hold any referenda on any particular issue but because a referendum is possible under either the City Charter or State law under particular circumstances; WHEREAS, the City Council of the City of Hutchinson wishes to encourage voter participation in any such referenda whenever held and desires to have a fully informed electorate; WHEREAS, the City of Hutchinson presently has no formal plan in place to deal with providing information to potential voters and encouraging informed voters to participate in any particular referendum and desires to put such a plan in place; NOW THEREFORE BE IT RESOLVED that the City of Hutchinson, by virtue of action by the City Council for the City of Hutchinson, hereby commits the City to use municipal resources to assist in providing information to the public regarding referenda and to encourage informed voters to participate . in any referendum in such amounts as appear prudent and wise to the City Council, in its sole discretion. BE IT FURTHER RESOLVED that the City Council for the City of Hutchinson hereby creates an informal advisory referendum committee which shall meet at the call of the Council to consider what action, if any, should be taken to provide information to voters about any particular upcoming referendum and to discuss procedures and techniques for providing information to residents of the City of Hutchinson about any such referendum. The advisory committee shall be appointed by the Mayor with the consent of the Council and shall report back to the Council when it duties are completed Adopted this _ day of September, 1997. CITY OF HUTCHINSON Un Its Mayor Attest: City Administrator u ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP C� DAVID B, ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. °RETLAND PAUL D. DOVE' JANE VAN VALKENBURG RICHARD G- McGEE CATHRYN D. REHER WALTER P. MICHELS, III 'ALSO ADMITTED IN TE% AND NEW YORK RESIDENT ATTORNEY September 9, 1997 OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 5459000 FAX (612) 545 -1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -SS06 Mr. Gary D. Plotz City Administrator Hutchinson City Center I I I Hassan Street S.E. Hutchinson, Mn. 55350 Re: Our File No. 3 188-87001 Dear Gary: This correspondence will address several issues that have come up recently with respect to initiative and referendum and the status of the City of Hutchinson as a charter city. I do want to note as an overview that the proposed initiative question that was present to you late last week raises a couple of questions in my mind that I am not prepared to address today in any detail. Specifically, the initiative question, by using the language "wishes" creates the clear implication that the question to be submitted to the voters is in some sense advisory. The Attorney General opined many years ago that advisory opinions are not permitted and I am enclosing a copy of the Attorney General's opinion in this regard. While I do not specifically adopt the Attorney General's opinion, and as you know such opinions are advisory themselves, the reasoning nonetheless appears sound and I would recommend against approval of ballot language which creates an advisory vote. 0 The second issue that is raised by the proposed language is whether or not it violates the restrictions set forth in Chapter 5 which prohibits the use of initiative as it relates to "the budget or capital program, the appropriation of money, the levy of taxes or the salaries of city officers or employees." Section 5.06, Hutchinson City Charter, as amended at the general election November 3, 1987. Respectable arguments can be made both ways on this point and further research is necessary. For example, an argument could be made that the initiative seeks only to prescribe the method of election and does not directly affect the topics which are clearly prohibited in Section 5.06 of the City Charter as subjects for initiative or, for that matter, referenda (See Section 5.07 of the City Charter). On the other hand, the language does specifically relate to those topics which would cause one to conclude ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (320) 587 -7575 FAX (320) 587 -4096 CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 7 ��CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION . Mr. Gary D. Plotz September 9, 1997 Page 2 that it is not a permitted subject for initiative. A further complicating factor seems to be that it calls for an expansion of topics to be voted on and this may also be viewed as "relating" to the prohibited topics of initiative under the Hutchinson City Charter. As I said, this topic requires further research and I am simply not in a position to give you an opinion at this time. I understand proponents of the initiative have indicated to you that at present they do not intend to seek the necessary signatures to place the topic on the ballot in November. This leads inevitably to a discussion of our Charter and proposals for initiative, referendum and recall under the City Charter. Let me turn first to Charter issues. A question has been raised as to whether or not a proponent can require a change in the City Charter by simply presenting a petition and placing the matter on the ballot. The short answer to that question is "no." Mnnesota law provides the mechanism by which charters may be amended. In general, municipal charters are amended only with the involvement of a charter commission. Charter commissions are appointed by the Chief Judge of the First Judicial District and at present the City of Hutchinson does not have a charter commission. At this point, even if the City Council desired changes in the City Charter, it would be necessary to go through a charter commission to accomplish this task. For example, as you know, the City of Hutchinson use . to be a city of the fourth class. It is now a city of the third class and as such, the provisions of state law which allowed a simple majority of the Council to propose and enact changes to the City Charter no longer apply. This "short cut" is available only to cities of the fourth class, a category to which the City of Hutchinson no longer belongs. I turn next to a general discussion of the procedures for beginning the initiative and referendum process. Let me begin with the initial overview that the City has not had any initiatives in the last eleven years other than those which relate to Sunday liquor. The file material that I have on hand indicates that at least for the several years preceding 1987, when I became City Attorney, there were no other initiatives either. Thus, this is the first time that I have been asked to opine with regard to the general procedures for the use of initiative and referendum. Please keep in mind with respect to Sunday liquor, there are some specific statutory requirements which are unique to that particular request. In general, the initiative process requires the use of petitions signed by registered voters of the City equal in number to 20% of those who voted for mayor in the last preceding City election. The Charter requires a sponsoring committee All five members of the committee must be registered voters and their names and addresses must appear on each petition. Historically, the City has recommended that those five individuals circulate the petition, but the Charter does not require that only those five circulate the petition. However, the Charter specifically requires verification that each signature is the genuine signature of the person whose name it purports to be and each separate page . of the petition "shall have appended to it" the certification in question. Mr. Gary D. Plotz September 9, 1997 Page 3 Under Chapter 410 of Minnesota Statutes, the precise language to be set forth on the ballot is exclusively within the purview of the City Council. For this reason, at least with respect to liquor questions, the City has usually recommended that the language be reviewed by staff. It is not clear where the authority of the City Council to make the final decision regarding language to be used on the ballot question ends and the right of the sponsoring committee to overrule the City Council with regard to language issues begins and in that regard Chapter 410 of Mmnesota Statutes and our City Charter appear to conflict. This is presently not an issue, but I would suggest that if the sponsoring committee wishes to move forward with this request, even if there is an agreement on the policy issues, an effort ought to be made to review the language to eliminate this procedural issue at the time it is voted upon at an appropriate election. I hope this correspondence is responsive to your concerns. If you need additional information or have questions regarding any of the foregoing, please advise. Best regards. Very truly yours, . ;ar D, AND RSONVE, PLLP Bry rson GBA:Im Enclosure 68 In 18% a constitutional amendment again changed the caalifications required of voters. The amendment disen- t'ranchised all non - citizens and raised the state residency requirement for citizens from four months to six months. Again it• appears that the burden of suggesting a change in the juror challenge law fell upon revision Commissioners. The commissioners, working pursuant to a 1901 legislative authorization, suggested that the law be revised so that a juror could be challenged if "he is not a citizen of the United States" or "if he has not resided in this state six ,months." The proposed change was adopted in 1905. Rev. I.aws 1905 F 52.79. Thus, the juror challenge law again dovetailed with the voter qualification requirements. Minn. Stat. f 628.54 subds- 1 and 2 (1971). See also Reports of Revision commieson (1905) at 1032. The mission of revison commissioners is to "simplify" and "harmonize" the law (see Minn. Laws 1901, ch, 211 51), and nut to suggest changes in policy. It therefore seems that the commissioners in 1805 and 1905 looked upon the purpose of the statutes pertaining to jurors as allowing all voters to be jurors and to disqualify as jurors only those persons not qualifying as voters. Thus, prior t4 1265 and again prior to 1905, certain changes were made in the voter qualification laws. Each time it was proposed by persons whose duty it was to "harmonize" the laws that these precise changes be incorporated into the juror chal- lenge law. The only conclusion to be drawn is that it was the purpose of the juror challenge statute to correspond to the voter qualification law. Another factor of importance is the provision in Minn. Stat. f 631.23 (1971) that an objectinn to the entire jury panel may be made when there has been a "material do- parture from the forms prescribed by law in respect to the drawing and return of the jury." Although a material de. parture from the method prescribed for making a jury list is not expressly included as a cause for objection, it has been held that the statute so allows. State ex. rel. passer v. Renville County Board, 171 Minn. 177, 213 N.W. 545 (1927). In Passer, women voters were excluded from jury lists. The court stated that "in view of [F 631.231, the oper prac p is to challenge the panel." Id. at 131, 213 P : 540. Exclusion of 18 to 21 year olds, may, therefore, provide £rounds for objecting to the jury panel. _ Therefore, the purpose of the statutes is to select jurors from all persons qualified to vote and to exclude only those persons not meeting the qualifications of voters. It is therefore impermissible to exclude from jury lists those persons from IS to 21 years old. We render no opinion on the question of whether the juror challenge statute is presently effective to disqualify, at trial, minors from 18 to 21 years of ago. The fact that a court might sustain a party's challenge to such a minor, however, provides no ounds for ignoring the legislative mandate to draw lists from gL'alifled voters or electors. Based upon the foregoing, we answer your question in the negative - WARREN SYANNAUS, Attorney General Themes G, Mattson, Spec. Atty. Gen_ ELEUIONS: ADVISORY BALLOT$: CHARTER PROVI- v1SION8: Advisory ballot proposition may be submitted to voters in political subdivisions of state if a state statute so authorizes, or IT the subdivision has a charter provision ' crpressly providing for advisory ballot. Minn. Slat. r OCTOBER 1972 s5 37a.1S, cubd. 2, 412.221, subds. 32 and 33 (1971). Op. Atty. Gen. 858, ocl. 6, 1969, overruled; Op. Ally, Gen. 64 -0, Aug. 15. 1968, overruled in part. geith M. Stidd, Esq. Sept. 27, 1972 Minneapolis City A(tornoy 64-0 325 -M City Hall (Cr. Rol. 858) Qinneapolis, Minnesota 55415 In your letter to this office you advise that the Mayor cf Minneapolis desires the opinion of the Attorney General concerning the following QUESTION Blay questions be submitted to the voters of the city For an advisory vote? OPINION There is no statutory or constitutional prohibition against a city making provision for advisory clettionsl General principles of municipal law, prior opinions of this office, related legislative activity in this state, and statu- tory and case law from other jurisdictions all indicate that the authority for such advisory votes b state express. i- municipality derives its Powers solely from tutlon, statute or city charter. Peterson v. City of Jordan, lay Minn. 3S4 160 N.W. 1026 (1917). An examination of the constitution, the statutes and the Minneapolis City Charter reveals no express provision for advisory ballots in the City of Minneapolis. (villages have express authority to conduct advisory votes in the limited instances specified in ?[Inn. Slal. 4 412.221, cubd. 33 (1971).)'• Therefore, it is our opinion that the City of Minneapolis may place questions before the electorate "" for an advisory vote provided there is flist obtained express authority either by an appropriate charter amendment or a statute enacted by the state legis- lature. A review of existing authority compels the conclusion that the power to conduct an advisory election may not be implied. villages possess broad general municipal powers pursuant to Minn. Stat. § 412.221, cubd. 32 (1971). (This sub - division was enacted in 1949 Minn, Laws 1949, ch. 119, 29). Further, it is established that these general powers are to be construed broadly in the same manner as the g eneral powers of home rule charter cities. Mangold Mid- west Co. v. village of Richfield, 274 Minn- 347, 358, 143 N -W -2d 813, 82o (1966). A. series of consistent opinions of the Attorney General. inelading two opinions rendered in 1966, concluded that the authority to conduct advisory votes An advisory vote must be distinguished Irom an Initiative Znd a referendum to which the electorate Is exercising direct legislative powers. Minn. Stitt. f +12.32), solid, a (1971) reads ae tullows: - 'when the village ceunc" has sole authority to decide whether the village should join having district powers with - independent),overnmcntalLod s In the village, the council shsil havo authbrity to submit to the voterb at a regular or special electon the queatfon of whetlher the municipality should join such a body. The results of the election on the question SO submitted Shall be advisory to the council Only and sball have no binding effect upea its decision to join or withdraw from the spe- cial district or s imilar independent body" +1. Llmilatimts on the size O: the electorate are eonfidtu- lionally suspect in view of Housing and RedeNelopmeut Autborky of Dfinn eaDOlis V. City Of Minneapolis, NO. 325 ,.dinn. May 26, 1:72), 198 N.W-2d 531 (1972). i OCTOBER 1972 could not be implied. " "" In 1967, the legislature enacted subdivision 33 expressly authorizing limited advisory votes- Laws 1967, ch. 259, i 7. In view of the extremely ?r'ond grant of municipal powers to villages in subdivision 39, it would have been unnecessary in provide express awh. crity for advisory votes in subdivision 33, unless the legis- lature itself concurred In the conclusion of those opinions. Anthough there are no cases in Minnesota considering the question, courts in olher jurisdictions have concluded that express authority is required for advisory votes, based on similar statutory interpretation In Mills v. Sweeney, 219 N.Y. 213, 114 N.E. 65 (1914), the city charter did not ex- pressly authurfze advisory elections and It was contended that the general welfare clause of the charter Contained implied authority fur the ordinance in question. The court rejected this claim. 219 N.Y. at 217, 114 N.E, at 66. The court oltcd local option liquor laws and the express provi- sion for advisory elections in the New York City Charter for the proposition that legislative policy was to provide for advisor;- referenda by express provisions- The court. was also careful to point out that the legislature could author• ize such practices by statute. "From what has been said it most not be inferred that we question or doubt in the slightest degree the power of the Legislature to provide for an advisory referendum if iL Goes fit so to do as An aid to the proper performance of its own work or that of minor local legislative bodies." Id, at 221, 114 N.E. at 67. This decision has been followed in recent New York decisions. Swauker r. Citr of Amster. dam, 181 IN.Y.S.2d 932 (1957); In the Matter of Kupferman v. Katz, 19 App. Div. 2d 524, 243 N.Y.S. 2d 773 (1963); cf. Appliaatioa of Silberman r. Katz, 54 Mile. 2d 956, 29 LYS. 2d 595 (1967) and Elrvin v. City of Buffalo, 19 N.Y. .:d 2S0, 225 N.E. 2d 7fi9 (1949), See also Galindo v. Walter, e Cal. App. 234, 90 P. 505 (1008) in which an ordinance authorizing an advisory vote on the sale of liquor was held not to be authorized by implication under the charter. Advisory votes appear to be commonly used only where express provision is mzde for them. See Farley v. Healy, 62 Cal. Rep. 2G, 431 P. 2d 460 (1967); Nerdinc v. Illinois Power Co., 48 III. -App. 2d 424, 190 N.E. 2d 34 (1904) And Citv or Litchfield v. Hart, 306 Rl. App. 621, 29 N.E. 2d 67S (1940): Fuller v. Mayor or .Bedford, 2 2 _4 Mass. 176, 112 N.E. 573 (1910); 13 Mass. L. Q. (No. 4) 5; and Opinion of the Justices. 262 Alass, 603, 160 N.E. 439 (1928). This requiremen of express authorization for advisory elections permits reasonable standards and limitations to he applied. It also enables the legislative bodies involved eOe' Ail of the following opinions conclude that an advis- ory vote is not permitted absent express autho. -ily! Op. ALLY. Gen. ' -S3, September 21, 1940 (county); On. Atty. Gen. 64 -0, February 15, 1954 (Owatonna); Op. Attu, Gen. 61 -o. 7nnuary 19. 1556 (Austin); Op. ALty. Gen. 64-0. April 19. 1966 (Sleepy Eye); and Op, AUT Gen. 64 -0, July 22, 1096 (Wlnm,a)_ In On. Attu. Gen, G4-0, AUgusL 15. 1969, it ,,.is conciuded Lhat Richfield could adopt a charter amend- uicnt authorizing adoisnrY ballote. The opinion went on to , rhst since Itichfield's c1thrier gave it "ail powers which It May now or hereafter b• poccima" to hare, an ordinance rather LL•an a charter amendment was proper. The grant of power In ❑nc D7innea pone hatter 1. diH.rent from ,bat in Lue Richfield charter. Therefore, the opiulon does nut aid ,eilow of the 977nnenuoils document In pp. AttT• Win. %58, October 6, 1949, it was held that a county could ,�&nduct Ln p.dviaory elsMiOn On the a(IaPLloa nC a county zoning ordinance, The OP :Dion is inconsistent with all prior opinions of the Office of the Attorucy General (lnMiling '.tic cne ii. 7 ,,1)n , to rely or.). it Lsilt; LO properly observo cite :(; o.isla iivv. hi S(Ory Cited nhure, and it is inconxisLeat with cose'.aw in oLL-¢r jurisdledons. 69 to avoid constitutional pitfalls. A keystone of our demo- cratic system, both At the state and municipal level, has been the republican or representative form of government. See U.S. Const. art. nr. 14. The strength of this principle is perhaps best illustrated by the legal doubt which sur- rounded the introduction of the now conventional initiative and referendum procedures. Note, Limitations on Initiative and Referendum, 3 Stan. L. Rev. 497 (1950 -51); Note, Con- stitutionality of the Referendum, 41 Yale L. J. 132 (1931); Note, The Referendum as a "Republican Fnrm of Govern- ment". 24 Harv, L. Rev. 141 (1910 -11). Although advisory ballots are not binding like initiatives and referenda, their widespread and repeated use coupled with a legislative pattern of adherence could constitute an unconstitutional delegation of legislative authority. This danger was des- cribed in Barto v. Idimrud, 6 N.Y. 483 (1853), a case in- volving the validity of an act to establish free Public schools subject to a popular vote For its validity: "In short, the law was a mere proposition submitted to the people to be adopted or rejected as they pleased. If this mode of legislation is permitted and becomes gen- eral. it will soon bring to a close the whole system of representative government which has been so justly cur pride. The legislature will become an irresponsible cabal, IPo tlmld to assume the responsibility of lawgivers, and with just wisdom enoueh to devise subtle schemes of imposture, to mislead the people — All the checks against Improvident legislation will be swept away, and the character of the constitution will he radically changed." Id. at 496 -07. Frequent and unlimited advisory votes, in the absence of express charter authority defining the limits thereon, are also subject to the criticism noted by William Howard Taft, former Chief Justice of the United States Supreme Court: "In the referendum a refuge is given those members of the legislature who are not willing to take responsibil- ity, to escape it. It is not likely to improve the tone of legislators." Taft. Representative Government in the United States 36.37 (1921). A challenge to advisory votes on the ground they con - sfitufe an unlawful delegation of IPLSi 12tive authority can also be avoided by appropriately adopted charter or sta- tutory amendment providing express authority. In Muehring v. School District No. 31 of Stearns County, 224 Mlnn. 432. 28 N.W. 2d 655 (1947), the court voided a referendum on just Such grounds. The court reasoned: "It is elementary that a public corporation, agency, or officer to whom' governmental power has been delegated by statute cannot re- delegate such delegated power. De- Iegation of governmental power is a manifestation of legislative intention that only the public authority to which the delegation is made, and not some agency or person of Its choosing, shall exorcise such powor. The power of choice is in the legislature. which it has exercised by the very act of delegation. Where there is statutory authori- zation for submission by a public authority of a question to the voters for their decision, there is no real redelc- naliun of delegated power, but rather a division of the power between the public authority and the voters, under which in the first instance the public authority is re- quired to act with respect to the question, and afterward, upon submission of the question In them, the voters are required to decide whether to approve or disapprove of the action so taken. "Where there is no statutory nuthoriaaGon for submis- sion of a question to the voters for their decision, such a 0 I I ,I �i 1N RG 525 PRF.K SiE 200 Fax:612- 297 -1255 70 submission by a public authority clothed with power with respect to the question submitted constitutes an un- authorized redelegatiou of delegated power." Id. at 436 -37, 28 N.W. 2d at 658 (emphasis supplied). There- faro, there are compelling reasons for requiring express statutory or charter authority for the conduct of advisory elections. Additionally, it should be noted that when expressly authorized, advisory elections are not permissible on every conceivable matter. Courts have imposed restrictions on the subject matter of initiative and referenda. See Limi- tations on Initiative and Referendum. 3 Stan, L. Rev. 497 (1959 -51), for a general discussion of these limitations. Case law and prior opinions indicate that the principal subject matter requirement is that the propositions presented en- compass legislative not administrative matters. $eference to case law and prior opinions will provide guidance as to whether particular questions are Iegislative or adminis- trative in nature. " While the restrictions on proper subject matter for initiative and referenda have not been held equally appli- cable to advisory votes, it is our opinion thot the rationale of those restrictions (to prevent destruction of the efficient and economic administration of the affairs of the city) is pertinent- By that rationale, the proposal to construct a ,tedium in Minneapolis, the construction of which would be paid for with the proceeds of general obligation bonds of the city, would appear to be amenable to an advisory vote, notwithatanding the legally administrative nature of the de. cision. " By the same rationale. it would appear that an advisory vote could not be taken concerning inclusion or withdrawal of an area in urban renewal or Model Cities. under the present facts and circumstances. See also. Hous- ing and Redevelopment Authority of Minneapolis v. Min - ncapolis, supra n. 5, 199 N.W. 2d at 537 -538 (1972); Kramer V Union Free School Dist, No. 15, 395 U.S. 621 (1969); and s•**• oa6mau V. City of Eveleth, 1G6 Minn, 10v, 203 N.W. - 014 (1926): Op. Atty. Gen_ 69a -22. October 7, 1965; Op. AttR Gen. 558, July 27, 1967. Housing and redevelopment Aul.h- ority of 'Minneapolis v. Minneapolis, No. 325 (Mime. _Mav 26), 19S N.W.2d 531 (1972). The latter case considered ,11111n. Slat. t 91020 (1971), whinlil author1209 muniCipaitties to adopt charter provisions providing for the referendum. The court interpreted this provision to mean that rofer- andum votes on ordinances are permissible but such votes on actions of the city council which are mot Placed into arfoct by ordmnces are impermissible. The lice which divides quueUOpS of s leasalntive na- iurc from th.osa of an 2dmini2tradTe nature is not Precise. In Oakmac V. City of £voleth, supra, it was said that !Oglslath'e acts estahiieh a pernlanett and uniform rule Of law whereas ad minis, trniive acts relate to the daily admin- lFtratlOn of municipal affairs. The rationale for Prohibiting relerenda Ou questions of an adminstrative character is found SP Ooktnan v. Cif)' of L supra. It was said that if such questions are subject to popular approval or disapproval. e ff i ci en t adinistration of the affairs of the city be destroyed. 163 Minn. at 107. 203 N.W. at 517 . see nice Op� Atty_ Gen_ 36s, May YU, 1971. October 26, 1970, August 6. 1970 and. July 22, 1967. • To r.hr extent aioc *ad officials bind themselves to t h e results of such an advisory vote, they preludlea thv validity of the vote, since it then tales on the cbaracteris. tics of an impermissible referendum. In Housing and Re- development kuthoriq of Minneapolis ". ,moneapoiie, sunra n. 5, our Supreme Court specifically alluded to "sale of municipal honds as a subject which did not permit use of a referendum. 158 N.W .2d at 537 (1972). Sep 4 '97 1456 P.04/04 OCTOBER 1972 Minn. Laws 1971, Ch. 745 H 0 and 16, which repeals auth- ori(y for referenda formerly provided in section 662.465. Is- sues of state and federal preemption are also raised aq'tte these questions. Research indicates a division of authority on the limf- tatlon of advisory elections to municipal concerns. We wish to emphasize, however, that although municipal powers may be limited in this respect we find no limitation on the state legislature and none should be implied here. See Mills v. Sweeney. 219 N.Y. 213, 114 NX. 65 (1916). In conclusion, it Is our opinion that advisory elections are permitted in Minneapolis provided there is express authority. Minneapolis may proceed to obtain legislative authority or amend its charter if it desires to institute an advisory election procedure. The most expeditious manner of obtaining this authority would appear to be a charter amendment by ordinance pursuant to Minn. Stat. 1410-31 (1971). Absent the filing of a referendum petition, an a- mendment could be effective within 90 days following adop- tion of the ordinance pursuant to the procedures prescribed by this section. In addition in its other responsibilities assigned by law, this office also is designated to provide opinions to "county, city, village [and] town attorneys," as well as to "attorneys for the board of a school district." M. Stet. 4 6.07 We are pleased to respond to those requests, many of which come from part -time and hourly paid attor- neys, and we give the same care and attention to the writint Of each, in view of the effect courts often give to Opinions of the Attorney General- We note that the Mayor of Minne- apolis wrote that he "would also like to know under what circumstances other questions not mentioned above may be submitted to the voters in an advisory referendum." Vs, must hope that the Mayor will rely on you and your full• time staff for answers to those questions, and that this opinion, and th citations to authority therein, will provide the necessary guidance for the resolution of those future questions. As you know, the legislature did not contemplate that the taxpayers of this state undergo the expense of pro - vidir.6 opinions on routine matters which may be resolved at the local level. WARREN SPANNAUS, Attorney General John 'd. Mason, Chief Deputy Ally. Gen. Byron E. Stares, Asst. Atty. Gen. * * *• " ** Some courts have limited advisory elections to muniuipal matters. State.. ox rel. lthudes v. Board of Fns.'. [ions. 12 Ohio St-2d 4. 830 N.112d 247 (1967), others have permitted votes nn national or international issues, Farley v. Healey, 62 Cal: Iten- 2G. 421 P.2d 650 (1967). See also Note, The Use of the Municipal Initiative es a Po"Al""iy , ,ice on Non - municipal Ieanes, 5 Cal. W. L. Rev, 148 (1968) and Comment, The Local Initiative — A Proper 5oundine. Board for National Icsaeel, 12 Utah L. Rev. 464 (1963). ........ There are approzfm,t 1,750 to* ns, 776 vil- lagea'115 cities, and 490 school districts, and 37 countiea- There are also numerous specinl purpose governmental Naito Ruch as hospital district and Sewe a trictay This office receives hundreds of op ini on requests ue 0 • - sliu- -L -"� , 14 NF- . tt> D N n p. - 0 1 4- 1 l s 5 s� The DNR is going to an ELECTRONIC LICENSING SYSTEM this fall which will print the customers license on site. Our office is very interested in this and we are in the process of examing the costs involed. I would like to see this service offered in our office as soon as possible. Our survey should a desire by the public. Thank Y Marilyn Hed A. • CITY OF HUTCHINSON MEMO Finance Department September 5, 1997 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: TRUTH IN TAXA HEARING DATE The City Council must set a date for our Truth In Taxation hearing. The following legislative restrictions apply: *Date must be set by September 15, 1997 qb *Hearing cannot be any earlier than November 29, 1997 nor later than December 20, 1997. *McLeod County dates are December 9 and 16 1997. City may not conflict with county dates. *Hutchinson School district 423 has been set for December 7 with a continuation date of December 10. City may not conflict with school district. *City may not adopt budget and tax levy at hearing first hearing. F-1 CITY OF HUTCHINSON • RESOLUTION NO. 10892 SETTING TRUTH IN TAXATION HEARING DATE CITY OF HUTCHINSON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT a Truth In Taxation Hearing Date is hereby order to be convened on Tuesday, December 2, 1997 beginning at 5:30 p.m. in the City Council Chambers located at the Hutchinson City Center; 111 Hassan Street S.E.. Adopted by the City Council this 9th day of September 1997 Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator I m _ CITY OF HUTCHINSON MEMO Finance Department September 5, 1997 TO: MAYOR & CITY COUNCIL A preliminary tax levy has been prepared and is reflected in the resolution attached. This number reflects a tax levy outlined in the preliminary budget material given to the council on August 27th. Tuesday afternoon we will be reviewing this information and want to alter this resolution before adoption. This is the preliminary tax levy it can be decreased from this request but not increased. This levy is also used for the preparation of the truth in taxation hearing notice. This notice contains total real estate taxes estimated for 1998. 40 CITY OF HUTCHINSON RESOLUTION NO. 10893 1998 PRELIMINARY TAX LEVY FOR CITY OF HUTCHINSON, MINNESOTA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA THAT a PRELIMINARY NET ( after HACA deductions) tax levy for the City of Hutch for 1998 is hereby set in the amount of $2,700,071 The detail for this levy is as follows: Improvement Bonds 1987 Before 6,021 After 1988 HACA HACA HACA General 2,063,640 20,037 63,163 Library 7,000 48,167 151,833 Armory 25,186 24,613 77,587 HRA 143,000 34,439 108,561 Total General Fund 2,095,826 568,972 1,526,854 General Obligation Bond 166,100 40,002 126,098 Library 93,600 22,542 71,058 Recreation Building 64,300 15,486 48,814 H.A.T. Facility 154,000 37,088 116,912 Total General Obligation B 311,900 75,116 236,784 Improvement Bonds 1987 25,000 6,021 18,979 1988 122,800 29,574 93,226 1989 83,200 20,037 63,163 1990 200,000 48,167 151,833 1991 102,200 24,613 77,587 1992 143,000 34,439 108,561 1993 105,600 25,432 80,168 1994 166,100 40,002 126,098 1995 180,000 43,350 136,650 1996 105,600 25,432 80,168 Total Improvement Bond 1,233,500 297,067 936,433 TOTAL TAX LEVY 3,641,226 941,155 2,700,071 l Adopted by the City Council this 9th day of September 1997 Marlin Torgerson Mayor ldk� ATTESTED: Gary D. Plotz City Administrator 0 CITY OF HUTCHINSON MEMO Finance Department September 5, 1997 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: TERMINATION OF TAX INCREMENT DISTRICT # 9 Tax Increment District number 9 was created with the intend of assisting in expansion plans for Simonson's Lumber. After the m a district was established Simonson's modified their plans and did not desire or need this assistance. Since this district was created for the above mentioned specific purpose we should terminate the district. The resolution prepared by Jerry Gilligan, Dorsey Whitney Attorney is attached for city council approval. H.d \calls d 0 RESOLUTION NO. 10894 RESOLUTION APPROVING TERMINATION OF TAX INCREMENT FINANCING DISTRICT NO. 9 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City") as follows: 1. The City acting pursuant to Minnesota Statutes, Sections 469.124 to 469.134, has previously approved the establishment of Development District No. 4 in the City (the "Development District'), and approved a Development Program and amendments thereto (as so amended, the "Program ") for the Development District. In order to finance the costs authorized by the Program the City has approved a Tax Increment Financing Plan, which establishes tax increment financing district which has been designated by the City as Tax Increment Financing District No. 9 ( "District No. 9 "). It has been proposed that the City terminate District No. 9. 2. The termination of District No. 9 is hereby approved and the City Administrator is hereby directed to notify the McLeod County Auditor of the termination of District No. 9. Passed by the Council this 26th day of August, 1997. Mayor City Administrator 0 0 S, T)' r CITY OF HUTCHINSON MEMO Finance Department September 5, 1997 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR FI :• l We are at the point of being able to call for the sale of our 1997 Improvement Bonds. The formal resolution calling for the sale of these bonds is being prepared will be reviewed at the council meeting Tuesday. e:�ooc�mrcs�iz.weo F Z�- 0 SEP 09 1 97 03:05PM EFLERS & ASSOCIATES Council Member P.z 2 Resolution No. 10901 introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $2,073,000 General Obligation Improvement Bonds, Series 1997 A. WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,075,000 General Obligation Improvement Bonds, Series 1997 (the "Bonds "), to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Ehlers and Associates, Inc., in Minneapolis, 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: 1. Authorization; Findings The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening The City Council shall meet on the date specified in the Bond Sale Report attached hereto 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 to be specified in Official Statement. 3. Bond Sale Report The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Bond Sale Report" attached hereto and hereby approved and made a part hereof. 4. 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. - The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this day of 1997. City Administrator (SEAL) r F SEP 09 '97 02:54PM EHLERS & HSSOCIRTES • BOND SALE REPORT $2,075,000 General Obligation Improvement Bonds, Series 1997 City of Hutchinson, Minnesota September 9, 1997 P.2/14 . Ehlers and Associates, Inc. 1 * S -5, OVERVIEW This report describes the proposed plan for the City of Hutchinson to issue • $2,075,000 General Obligation Improvement Bonds, Series 1997. 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. PURPOSE The $2,075,000 General Obligation Improvement Bonds, Series 1997 are being issued • pursuant to Minnesota Statutes, Chapters 429 and 475, for the purpose of financing the public improvement projects listed on the following page. Page I • SEP 09 '97 02:55PM EHLERS & RSSOCIRTES • Proiect Pleasent Acres Sant Sewer So Grade Rd_ Curb/Gutter Ontarior St Water School Road Michigan St San Sew Golf Course Rd. San Sew Fifth Ave Bridge/etc 2nd Ave SE San Sew South Grade St Municipal Parking Lot Century Tom Lane Ontanor Storm Sim. Water Kouba Parkway 4th Ave SE Hidden Circle Momingside Drive Sidewalk Improvement Maple Street Ind Dist Storm Sewer Bradford Ulm Ave Parking Lot Main Street Crow River Ped. Bridge Island View I Ieights 2 North High Drive Total Construction City MSA Deferred Cost Fun 'n Funding Assessable P. 4114 Special Assmts' 584,609 0 0 369,186 $35,728 44,230 0 0 19,809 25,130 670,000 0 280,000 50,000 8.000 45,000 45,000 0 0 0 18,066 0 0 0 11,200 24.677 24,677 0 0 0 31,608 0 0 0 0 29,753 0 0 0 0 46.407 0 0 0 35.479 128,710 0 0 0 14,652 6,791 0 0 0 9,220 6,730 0 0 0 9,146 37,000 0 0 0 0 114,000 0 0 7,068 35,340 57,000 57,000 0 0 0 54,000 0 0 33,480 33,480 47,000 0 0 0 29,730 15,000 0 0 0 7.500 52,400 0 0 0 0 91,074 91,074 0 0 0 574,644 0 0 0 700,000 55,596 55,59 0 0 0 $2,234,295 $273,347 $280,000 $I7%543 $954,605 . ` Assumes all special assessments are levied over 10 years and payable beginning 1998. Page 2 Project Total Less: City Funding h[SA Funding Net Construct. Cost Plus: Admin 2 Eng 14%/ Contingencv 5% Amount to Finance Construction City MSA Deferred Special Cost Fundin Fundin Assessable Assmts $2,234,295 52 S280,000 S179S43 $954.605 •273,347 5,245 - 280,000 $2,633,592 S I ,680,948 X 1.21 52,033,945 Financing these projects requires a bond issue in the amount of $2,075,000. The proposed finance plan consists of the following sources and uses of funds: Sources Uses Par Amount of Bonds $2,075,000 MSA Funding 280,000 City Funding 273,347 Interest Earned 5,245 Total Sources $2,633,592 Total Project Costs $2,587,292 Discount Allowance 24,900 Capitalized Interest 0 Finance Related Expenses 21,400 Total Uses $2,633,592 STRUCTURE AND REPAYMENT 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. It is the intent of the Bond to use the special assessments levied in the years 1997 through 2006, at the same rate of the bond issue, against the benefitting property owners for payment of 46% (or $954,605) of this bond issue. The remaining balance ts be paid from a tax levy. Page 3 0 • SEP 09 '97 02 :55PP1 EHLERS & ASSOCIATES P.6/14 The repayment schedule has been structured over 10 years and was added to the . existing tax levies for debt service. The Bonds would be sold October 6, 1997 and be dated November 1, 1997- The first interest payment on the Bonds will be August 1, 1998, and semiannually thereafter on February 1 and August 1. Principal on the Bonds will be due on February l in the years 2000 through 2008. The projected debt service and flow of funds can be found in Exhibit 1 and the existing debt service levy is Exhibit 2. OTHER CONSIDERATIONS Following is a summary of key factors in the finance plan: • We recommend the following call feature: Bonds maturing February 1, 2005 and thereafter will be subject to prepayment at the discretion of the City on February 1, 2004. . We anticipate that the City (in combination with anv subordinate taxing jurisdictions or debt issued in the City's 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 quaked. Bank qualified status broadens the market and achieves lower interest rates. • Since the City does not anticipate issuing more than $5,000,000 in tax - exempt obligations during calendar year 1997, the debt will qualify for the small issuer exemption from arbitrage rebate. Should the City issue more than 55,000,000 in 1997, it can seek an exemption from rebate through either the six-month or 18 -month spend downs. if the City spends 95% of the bond proceeds within six months, it will avoid rebate. If the City spends 15% in six months, 60% in 12 months and 100% in 18 months, it can also avoid the rebate. • The Bonds will be global book entry. As "paperless" bonds, you will avoid the costs of bond printing and the need for registrar /paying agent. C� Page 4 • Moody's Investors Service will be asked to rate this issue. The City currently has an "Baal' rating on its outstanding general obligation bonds. We have also • included an amount in the finance related expenses for a shadow rating from Standard & Poor's. SScP has agreed to review the City's finances, provide a preliminary opinion on the rating range of the issue, and agree not to release the rating for a fee estimated at $3,000. Depending upon their response, the City could discuss further which rating agency it will use to rate future debt issues. Prior to undertaking this expenditure, we will discuss this in more detail with City staff. • New 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 S 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 • Certificate that you will enter into at the time of closing for this issue. Page 5 SEP 09 '97 02 :56PM EHLERS & ASSOCIATES P.6 %14 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; S. 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. • L I Page 6 REFUNDING OPPORTUNITIES Based on current interest rates, it would require a $1,740,000 issue to refinance this total amount of callable principal ($1,730,000). The refunding is projected to save $47,000 over four years or $11,750 per year for a net present value savings of 541,000, or 2.4 %. We prefer to see a savings of closer to 3%. Any pre -paid special assessments would need to be applied to reduce the size of the refunding issue. We will use interest rates from the best bid on the day of the sale of the 1997 Improvement Bonds and update our analysis. Depending upon the updated analysis, we may present a refunding issue for vour consideration on the sale date. In addition to the above refunding possibilities, the following medical facility issues • deserve further discussion: I990 $3,150,000 G. O. Taxable Medical Bonds Amount Callable: 52,670,000 Date Callable: 2/1/99 Current Rates: 9.15% to 9.875% 1990 $3,I25,000 G. O. Tax Exempt Medical Bonds Amount Callable: $2,495,000 Date Callable: 8/1/99 Current Rates: 6.40% to 7A0% 1991 $6,500,000 G. O. Tax Exempt Medical Bonds Amount Callable: 56,075,000 Date Callable: 4/1/00 Current Rates: 6.00% to 7.20% Page 7 • • We have reviewed all outstanding indebtedness for the City and have found a few issues may be feasible as current refundings on February 1, 1998- Maturity Year 1989 Bonds 1990 Bonds 1991 Bonds 1999 $125,000 (�) 6.25% $250,000 @ 6.50% $170,000 @ 6.00% 2000 $125,000 @ 6.25% $250,000 @ 6.60% $185,000 @ 6.15% 2001 $250,000 @ 6.70% 5185,000 @ 6.25% 2002 $ 190, 000 @ 6.35% $250,000 $750,000 $730,000 Based on current interest rates, it would require a $1,740,000 issue to refinance this total amount of callable principal ($1,730,000). The refunding is projected to save $47,000 over four years or $11,750 per year for a net present value savings of 541,000, or 2.4 %. We prefer to see a savings of closer to 3%. Any pre -paid special assessments would need to be applied to reduce the size of the refunding issue. We will use interest rates from the best bid on the day of the sale of the 1997 Improvement Bonds and update our analysis. Depending upon the updated analysis, we may present a refunding issue for vour consideration on the sale date. In addition to the above refunding possibilities, the following medical facility issues • deserve further discussion: I990 $3,150,000 G. O. Taxable Medical Bonds Amount Callable: 52,670,000 Date Callable: 2/1/99 Current Rates: 9.15% to 9.875% 1990 $3,I25,000 G. O. Tax Exempt Medical Bonds Amount Callable: $2,495,000 Date Callable: 8/1/99 Current Rates: 6.40% to 7A0% 1991 $6,500,000 G. O. Tax Exempt Medical Bonds Amount Callable: 56,075,000 Date Callable: 4/1/00 Current Rates: 6.00% to 7.20% Page 7 • SEP 09 '97 02 :57PM EHLERS & ASSOCIATES P.10 14 The successful refunding of these issues will be dependent upon the City's remaining . capacity for bank qualification within the $ 10,000,000 limit for the calendar year and the future needs of the hospital. Once the 1997 Improvement Bonds are issued, we Mll discuss these refundings further. ISSUING PROCESS Following is a tentative schedule for the steps in the issuing process. September 15, 1997 City Council adopts resolution calling for the sale of the Bonds Week of September 22, 1997 Submit draft Official Statement and rating materials to Moody's Investors Service, Inc. for credit rating Week of September 22, 1997 Distribute Official Statement Week of September 29, 1997 Receive credit rating • October 14, 1997 Week of November 3, 1997 MARKET CONDITIONS Bond sale Tentative Bond closing The graph on the following page shows the trends in the Bond Buyer's 20 -Year G.O. Index (BBI) since 1990. While interest rates have risen from historic lows in 1993, current rates still mirror conditions found several years ago. Page 8 5.00% Bond Buyer's Index 20 -Year G.O. 7 7.00% X O 6.50% to m 0 N 6.00% I 5.50% I 5.00% 1990 1991 1992 1993 1994 1995 1996 1997 0 • I MI Ehlers and Associates • • • s F 01 CO Prepared by Ehlers and Assoclales 09/08/97 EXHIBIT 1.00 City of Hutchinson, MN General ObOgatlon Improvement Bonds, Series 1997 $2,075,000 Uq: Tots) TOW 105% $164,605 Darnelning Eadrtlng Total Flecel ILIA PlIBClpal A111 10t/ud PSI Analw ADDuml :^r -_ A-m. New Dahl Qlhl DOM YAK Itro1/97 08101/98 78,210.00 78,210.00 02/01/99 52,140.00 62,140.00 130,350.00 130,868 146,532 (9,664) 1,630,059 1,620,395 1998 08/Dl/99 62,140.00 52,140.00 02/01/2000 190,000 4.60 52,14000 242,140.00 294,280.00 308,994 141,426 187,569 1,661,730 1,729,299 1999 O1A01/2000 47,770.00 47.T70.00 02/01/2001 200,000 4.70 47,770.00 247,77000 295,540.00 310,317 136,318 173,999 1,490,490 1,564,489 2000 00!0112001 43,070.00 43,070,00 02/01/2002 205,D00 4.80 43,070.00 248,070.00 291,140.00 305,697 131,210 174.487 1,337.776 1,512,262 2001 08/01/2002 38,160.00 38.150.00 OP101P00.3 216,000 4.90 38,160.00 253.150.00 291,300.00 305,865 126.103 179,762 1,171,377 1,351,139 2002 08701/2009 32,682.50 32,062.60 02701Y2004 230,000 5.00 32,882.50 262,882.50 295,765.00 310,553 120,996 189,667 1,004,756 1,194,313 2003 0810112004 27,132,60 27,132.50 021D1/2005 240,000 5.10 27,132.50 267,132.60 294,265.00 308,978 115,889 193,089 901,498 1,094,587 2004 06!0112005 21,012.50 21,012.60 02/01/2006 250,000 520 21,012,50 271,012.50 292,025.00 306,626 110,782 195,844 662,061 847,905 2005 00/01/2006 14,51250 14,512.60 02101/2007 265,000 5.30 14,512.50 279,512.50 294,025.00 308,726 105,675 203,051 654,244 857,286 2006 08/01/2007 7,490.00 7,490.00 02/01/2008 280,000 5.36 7,490.00 287,490.00 294,980.00 309,729 100,568 209,161 166,734 365,895 2007 $2.076,000 6986 0.00 2773870.00 2.7736 0�___ H9tAA Dated: 11/01197 Band yore: 13,638.75 I ntemat S%d: 06101/98 Avenge Life: 6.572891566 01acount: 24,900.00 Average Coupon: 5,12268% Net lnlereet Cut; 5.30625% s F 01 CO Prepared by Ehlers and Assoclales 09/08/97 For Dlscusalon Only City of Hutchinson, MN EXHIBIT 2.00 G.O. Fiislin Debt Obligations Pald From Taxes M M vi J Q N N 3 I r x A !n D N N O n D M rn CO U CJ A Prepared by Ehlers and Associates 09146/97 1988 1987 1888 1988 1980 1991 1991 1892 $7,076.900 01.200,000 $1,920,009 91,250,000 $2,118.000 Levy collect Payment Fine Hell IJDrery Rel. Ro~lon Imp. Bonds Imp. Bands Imp. Bonds arrp. Bonds Imp. Bonds Yew You Year Pal Pal Pal 105% Pal Pal Pal Pal Pal 1993 1994 1995 91,988 79,888 47,610 230,459 97.200 113,500 140,400 95,800 157,000 1884 1996 1896 81,469 79,188 46,350 217,357 118,1100 108,500 134,700 91,700 162,100 1995 1996 1997 83,738 74,388 39,970 208,000 112,100 129,400 128,900 87,400 173,200 1996 1997 1998 79.425 71,513 38,745 199,167 122,000 122,800 83.200 168,200 1997 199B 1998 93,563 37,470 137,594 116,500 78.800 185,300 1996 1999 2000 89,063 61,145 157,718 74,500 176,100 1909 2000 2001 84,488 58,345 149,974 166,700 2000 2001 2002 79,800 50,445 136,757 2001 2002 2003 47,746 50,133 2002 2003 2004 2003 2004 2005 2004 2005 2006 2005 2006 2007 2006 2007 2008 2007 2008 2009 2008 2009 2010 20119 2010 2011 M M vi J Q N N 3 I r x A !n D N N O n D M rn CO U CJ A Prepared by Ehlers and Associates 09146/97 For Diewssion Only City of Hutchinson, MN EXHIBPP 3.00 G.O. Exisling Debt ONgabons Paid From Taxes Levy Year Collect Year Payment Yasr 1s91 SI,660,000 Imp. Bonds Pal 1992 $1,200,000 pot Bonds Pal 1992 $1,958,000 Imp. Bonds P 81 1993 {1,770,000 Ibp. Bonds Pal 1984 3300,000 Imp. Bonds P i t 1996 Maintenance Pal 19% =4,185,000 Imp. Bonds Pal 1998 $1,060,090 Imp. Bonds P 8 I Total Debt L avy 1993 1994 1996 97,04 194,800 126,700 28,000 1,261,459 1994 1995 1996 77,700 91,900 135,900 87,200 1,215,857 1995 1996 1997 86,700 139,100 97,000 263,600 146,611 1,572,510 1996 1997 1998 94,900 141,700 101,900 266,100 152,384 132,574 39,336 1,622,261 1997 19% 1999 102,200 146,800 105,600 278,600 153,969 217,214 105,502 1,630.059 1908 1999 2000 114,000 149,400 114,100 284,700 155.271 227,944 107,996 1,561.730 1%9 2000 2001 108,800 154,800 116,400 290,000 168,321 242,624 104.871 1,490.490 2000 2001 2002 108,700 154,100 123,400 299,700 161,859 256,364 108,895 1,337,775 20171 2002 2003 152,800 129,700 308,300 162,646 269,164 108,634 1,171,377 2002 2003 2004 136,200 320,700 153,171 285,604 110,081 1,004,756 2003 2004 2005 328,300 163,434 305,399 116,366 901,498 2004 2006 2006 186,579 376,638 116,844 652,061 2005 2006 2007 157,823 379,414 117,007 654,244 2006 2007 2006 166,734 156.734 2007 2008 2009 160,5% 180,556 2008 2009 2010 158,366 158,368 2009 2010 2011 160,928 160,928 Prepared by Ehlers and Associates 09r06l97 I M E M O R A N D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Subdivision Agreement for Island View Heights 2nd Addition DATE: September 5, 1997 The bids for the project will be opened on Monday. Actual costs will be presented at the Council Meeting, and an award of Contract is proposed, contingent on approval of the Subdivision Agreement by the City and Subdivider. Please note the following revisions from the previously proposed Subdivision Agreement. • All private street construction, reconstruction and maintenance shall be the responsibility of the Subdivider /Association. Street standards (structural and geometric) must be approved by the City. Section 11 (1) The City will agree to construct sanitary sewer, watermain (8" or larger) and storm sewer through easement areas. The City will, at its discretion, agree to maintain the sanitary sewer, watermain and storm sewer, however, all site restoration required shall be the responsibility of the Subdivider /Association. The spread of assessments has been revised by the Subdivider to increase assessments to larger single - family lots, and remove previously assessed parcels (Block 4, Lots I - 4) from further assessments. It is noted that half of the storm sewer cost may be assessed to future phases (with City and Subdivider approval) but these are not proposed to be deferred. The Subdivider requests that the City consider deferring these costs. Staff recommends continuing the policy of no deferments. Mayor Torgerson, Council Member Peterson, Attorney Barry Anderson and I will be meeting Monday to discuss some of these issues. We will be prepared to discuss these issues, and actual costs, on Tuesday night. cc: Gary Plotz . City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (3201587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 Fax (320) 2344240 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2242 Fax (320) 587 -6427 Printed on recycled paper - DEVELOPMENT AGREEMENT ISSUES ► Private Streets The CUP (Conditional Use Permit) requires that the street be constructed to City standards for thickness, making the appropriate considerations for expected refuse service vehicles. The Subdivision Agreement notes that these streets will be privately constructed and maintained. We propose to strengthen the language in the Subdivision Agreement regarding maintenance ofprivate streets. We have received criticism over the last few years from some areas that note "We pay taxes like anybody else, but the City doesn't maintain our street, help plow snow or give any credit during reconstruction. ". Due to the narrow dimensions of most private streets, the smaller setbacks and the abundance of obstacles, it is recommended that this policy does not change. The Developer gets benef t from being able to "cluster " homes, and reduce infrastructure cost. The Buyer saves in the purchase price, although long -term maintenance costs may be higher. 0 Some Cities limit private streets to serving a small number of homes (< 12). Many also require that width standards for streets not be reduced. . ► Utilities It has been the City's previous policy and practice that all utilities outside of rights -of- way under private streets are considered private utilities. We currently provide no maintenance for these lines, and require the adjacent property owners to make necessary repairs. Again, the issue is that these properties pay "user fees " that include depreciation for lateral utilities and funding for maintenance. These utilities are most often in very tight locations, surrounded by homes, private streets and yards. Reconstruction would create a significant potential for damaging private driveways and streets, gardens and structures. In working in private areas restoration efforts are often provocative, because owners are never satisfied. Even non - intrusive maintenance (such as flowing hydrants) can cause damage and blame, especially on private roads with no curb and gutter. Some Cities perform the maintenance and repairs of the utilities, but the restoration is the responsibility of the owner (associaition). This is our current proposal. II G:IPLANNINGT LATSTRI V ATE. POL 0 SUBDIVISION AGREEMENT ISLAND VIEW HEIGHTS 2ND ADDITION CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Scenic Heights Investment, a Minnesota Corporation, owner and proprietor, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; WYPNESSETH: • WHEREAS, the Subdivider is the owner and developer of land situated to ` Pe tie City of Hutchinson, County of McLeod, State of Minnesota, which has been surveyed and plattet '�.ISLAND VIEW HEIGHTS SECOND ADDITION, and; WHEREAS, City Ordinance No. 464 and 466 re0ires .the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:'- I SITE PREPARATION AND GRADIN 1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat, but outside of the rights -of -way, shall be graded to within 0.5 feet of final p to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to within 0.2 feet of approved grades. The entire right -of- way shall be graded to within 0.2 feet of final subgrade, as noted in the approved improvement plans for the project. Any and all unstable soil conditions or soils unsuitable for construction in the right- of-way shall be corrected and/or replaced The Subdivider shall clear trees and/or debris from utility easements and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All soils shall be compacted to a minimum of 90% Standard Proctor Density. All work shall conform with the approved Site Grading Plan, and shall be completed prior to the commencement of construction on the site. 2. Subdivider shall complete ail work noted in Paragraph No. 1, and provide a written verification from a professional engineer or surveyor, prior to installation of utilities and/or issuance of building permits. Any costs associated with these requirements shall be the sole responsibility of the -' -Subdivider, and are not financed through the City. Following written verification that the site work has been completed has been received by the City, after ten days written notice, the Subdivider agrees that the City may complete unfinished work within the Right -of -way or easements, and bill or assess (at the City's discretion) the costs to complete the work, including City overhead. It is agreed and understood that timely completion of this work is essential in order to complete the infrastructure improvements within the plat. 3. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all utility and street construction has been completed in the plat, and all provisions of paragraphs 1 and 2 of this section have been met. IVH2 -Page 1 G, It is understood and agreed that it shall be the responsibility of the Subdivider to make topsoil available for backfill of the curb and gutter. If stockpiled topsoil is not available on the site, topsoil may be required to be hauled to the site by the infrastructure contractor at the Subdivider's expense. Seeding of the rights -of -way will be included in the improvement project However, the Subdivider shall provide all turf establishment and erosion control necessary to protect the utilities and street improvements beyond the boulevard areas. The Subdivider shall also provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state requirements. The entire site shall be planted with perennial rye grass, or other erosion control plantings, following completion of site grading. 5. It is understood and agreed that it shall be the Subdivider's points for all infrastructure and site construction. This st points on all street rights -of -way, storm sewer structure property corners, and other points determined as necessa infrastructure improvements on the development site 'It Subdivider shall replace all survey points disturbed by It is also understood that survey points disturbed by the be replaced by the Subdivider, but the cost of this wbt contracted to the City, at the same rates charged to the SL ill include, btu tail � u� and endpoini&- Y y to properly loaf is also understood , or those survey control nited to, curve iat the control. contracted to the City, shall , aid by the City, or parties EASEMENTS 1. It is understood and agreed that all street construction, potential future reconstruction, and maintenance outside of rights -of -way, including snow removal, shall be the responsibility of the Subdivider and/or Association. All construction shall meet the appropriate standards of construction (Mn/DOT Specifications). The street shall meet city structural standards for residential streets (currently" 12" of gravel , over geotextile fabric, with 3" of bituminous). The geometric design of all private= streets shall be reviewed and approved by the City, and must meet emergency services accessibility standards. 2. Althougkthe City; may agree to construct sanitary sewer and watermain lines in easement areas outside of public, street rights -of -way, it is understood that these lines will be privately maintained. Due to the limited work environment created by closely spaced buildings, the location of private streets and abundant driveways, and other potential conflicts in excess of those usually found in areas with public utilities, all duties and costs associated with maintenance, repair, and/or reconstruction of these - utilities will be the responsibility of the Subdivider or assignees. It is agreed -brat the City of Hutchinson, at its discretion, will perform maintenance of lateral sanitary sewer and watermain lines of S" in diameter or greater, and storm sewer lines. If repairs are required for these 'lines, it is understood that the City may, at its own discretion, repair the laterals with the understanding that all restoration work shall be the responsibility of the Subdivider, association or assignees. It is understood and agreed that it shall be the Subdivider's responsibility to locate, reconnect and/or reconstruct all drain tile lines through the property. The neighboring property owner to the west of this development has verified that a drain tile serving other properties runs through Island View Heights 2nd Addition. The City shall be notified if an existing drain tile is disturbed. • IVH2 -Page 2 4. It is agreed and understood that the Subdivider shall be responsible for assuring that building construction is completed in conformance with the preliminary plat and grading plan. It is essential • that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential flood or drainage damage. Any costs associated with these conflicts and potential relocations of utilities and/or structures shall be the sole responsibility of the Subdivider. ASSE 1. The Subdivider hereby petitions the City to construct lateral and trunk sanitary sewer mains and appurtenances, lateral and trunk watermains and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb`an(l street grading, street base, street surfacing, street signs and lighting, and'appurtenancesto savo1he entire plat. 2. It is understood and agreed that the improvements in Paragraph No. will be installedbythe City under one or more contracts. Phase 1 improvements are,proposed for late 1997 andearly 1998. It is understood and agreed that the City will have the ti& to extend watermain to complete the loop between West Shore Drive and Prairie View Drive if acceptable quality of the potable water, or quantity of water for fire protection, can not be provided. These costs shall be assessed equally to all properties not included in Phase 1. It is also agreed and understood that, at the City's discretion, bituminous wear course construction for Phase- I shall be constructed and assessed after 60% of all homes are constructed, but no later than December 31, 2000. 3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include • contracted costs, city administration and engineering costs and capitalized interest cost. 4. It is understood and agreed that the total cost of said improvements in Paragraph No. I shall be assessed on a per unit basis for all costs associated with said plat. All assessments will be divided among the lots as follows: Phase; l Block 1, Lots 2 and 3 (single - family) 4.0 units /each 8.0 units Block 1, Lot L and Lots 4 -11 (single - family) 2.5 units/each 22.5 units Block 2 Lots I - 5 (single- family) 2.5 units/each 12.5 units Blocks 3, Units 1 -18 (twin homes) 1 unit/each 18.0 units Block 4, Units 5 -34 (twin homes) 1 unit/each 29.0 units City Park 4 units Total Units 94 units If so agreed by the Subdivider and City, half of the cost for the storm sewer constructed in Phase 1 may be assessed to Outlots A & B. These costs reflect storm sewer constructed in Phase 1 that provides service for Phase 2 development. It is agreed and understood that these costs will not be deferred. Phase 2 Per unit, equally, based on the total units served E IVH2 -Page 3 It is agreed and understood that each lot shall pay a Trunk Sanitary Sewer and Watermain connection fee. This fee will compensate the City for improvements required to provide Trunk Sanitary Sewer and Watermain access to the plat property boundary. This fee shall be collected at the time of building permit issuance, and shall be at the rate in place at the time of permit issuance. The rates for 1997 for twin homes and three plexes will be $490 per unit for Sanitary Sewer and $260 per unit for Watermain, or as approved by the City Council of the City of Hutchinson. All single - family parcels under %2 acre in size will be at the same rates. All single - family parcels over % acre in size shall be assessed $540 for Sanitary Sewer--and $320 for Watermain, or as approved by the City Council of the City of Hutchinson. Parcels 3/4 of an acre may be charged higher rates. 6. It is understood and agreed that any agreements regar.iltng the n t Waxid procedure for assessments from municipal improvements shall, at the sole option of the Cat to be effective thirty six months following approval of the Subdivision Agreement by theQV Tbe may exercise the option granted herein by giving written notice at any time, either` *rc or'after the expiration of the thirty six month period, of the City's ino"dto nullify the method and procedure for spreading assessments under the terms of the Subdi "ement. In the event the City so elects, all assessments subsequent to the notice shall begs q pread aril imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. THe written'itotice called for by this paragraph shall be given to the fee owner of the property as disclosed by the recoWof the McLeod County Recorder or Registrar of Titles. _ 11. 1. It is understood and agreed, that a Parks and Playground. ntribution will be made to the City. • The contribution shall be partiallybased on dedication of park land, as noted in the preliminary plat, and the remainder as paymiisnt in lieti of dedication. Open Space Dedication is 7.5% of the gross acreage of R -1 zoning areas, and 12b of the gross acreage of R -2 zoning areas. In lieu of additional land dedication, a cash contribution at the rate noted in the Municipal Code at the time of construction shall be paid. The current ordinance calls for a payment in lieu of dedication of $175 per unit in R -2 zoning areas and $215 in R -1 zoning areas. It is agreed and understood that the Parks. Recreation and Community Education (PRCE) Advisory Board must provide approval for the final contribution. 2. It is understood and agreed that the Subdivider shall pay a fee of $800 per lot for single family residents and $800 /unit for structures with up to 4 units as a municipal electric service access charge, as noted by agreements with McLeod Cooperative Power Association (Coop). These fees `shall be collected with the building permit for all properties, unless otherwise noted in the agreement with McLeod Cooperative Power Association. The checks shall be made out directly to the "McLeod Cooperative Power Association'. 3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric and Gas Service to Hutchinson Utilities for all units to be served in the final plat. These costs are $200 /unit for Electric Service, and $150 /unit for Gas Service, or as in effect with Hutchinson Utilities at the time of development. These fees include the standard connection to each house, and include required meters. Services larger than the standard residential sizes will be at an additional cost. IVH2 -Page 4 0 • 4. It is understood and agreed that all street lights not located within street rights -of -way shall be individually metered and charged to the Association. MAIM -►LEI: a 2. 4. It is understood and agreed that no building permits will be issued for building construction prior to the utility and street improvement project completion, unless the Subdivider provides a separate access to the building site that does not interfere with utility and street construction_ Any damage that occurs to areas within the improvement project due to building,construction shall be the responsibility of the Subdivider to correct. It is understood and agreed that all local, state and federal permits require to -be obtained for the development shall be the responsibility of the Subdivider. This agreement shall be binding upon and extend to the heirs, assigns successors of the patties. It is understood and agreed that the City shall record this agreement at the McLeod County Recorders Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of fhis.agieement is provided to the City. All costs associated with said recording sltiAte paid by the Subdivider. IN WITNESS THEREOF, has hereunto set its hand this _.day of 1997 Scenic Heights Investment William H Gilk,.Partner STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of , by COUNTY OF Notary Public, County, Minnesota My Commission Expires STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of by COUNTY OF Notary Public, County, Minnesota My Commission Expires IVH2 -Page 5 APPROVED BY THE HUTCHINSON CITY COUNCIL THE I CITY OF HUTCHINSON STATE OF MINNESOTA The foregoinp this di COUNTY OF 1997, by Mai, City Adminisi My Cornmissici THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg, Director of EngineeriwPublic Works City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350-2522 612-234-4208 was MARLIN TORGERSON, MAYOR GARY D. DAY OF me Mayor and Gary D. Ptotz, tv of Hutchinson. — County, Minnesota 0 IVH2-Page 6 • isiana view meignis znO Aaamon Assessment Calculations I Bid gof.Lots $574,644.60 Expense Optioni '60oni $137,914.70 Tile Relocation Lots 2 & 3/Block 1 $9,500.00 TOTAL (Adual - Optllonl 8.0 $722,0591:30 $25,113.23 $860.00 Lot I and 4 -1 1 /Block 1 1/2 Storm 2.5 -$125,620.00 $19,001.56 $15,695.77 $750.00 TOTAL (Optlon 2�10alciw.) 5 $is Option 1: All assessments to Phase I Option 2: Haff of storm sewer to Phase 2 Lot/Block : gof.Lots Unks[Lot-- Total Unfts Optioni '60oni jijne Lots 2 & 3/Block 1 2 4.0 8.0 $30,402.50 $25,113.23 $860.00 Lot I and 4 -1 1 /Block 1 9 2.5 22.5 $19,001.56 $15,695.77 $750.00 Lots I - 5 /Block 2 5 2.5 12.5 $19,001.56 $15.695.77 $750.00 Lots I - 18/Block 3 18 1.0 18.0 $7,600.62 $6,278.31 $750,00 Lots 5 - 34/Block 4 301 1.0 30.0 $7,600.621 $6,278.31 $750.00 City Park 1 4-0 4.0 $30,402.60 $25.113.23 Phase 2 (Outlot) $125,620.00 ,TOTAL WO $722,059-30 $722,050.30 *1997 Estimated Additional Cost for Trunk Sanitary Sewer& Watermain gAassesslagraelivhZ vpd Revision 91W7 SUBDIVISIONAGREEMENT ISLAND VIEW HEIGHTS 2ND ADDITION CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Scenic Heights Investment, a Minnesota Corporation, owner and proprietor, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of land situated in the City of Hutchinson, County of McLeod, State of Minnesota, which has been surveyed and platted as ISLAND VIEW HEIGHTS SECOND ADDITION, and; WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. It is understood and agreed that the Subdivider shall be responsible for all work associated with site preparation and grading. All areas within the final plat, but outside of the rights -of -way, shall be graded to within 0.5 feet of final grade to allow for proper drainage, and the installation of utilities. The ponding area shall be constructed to within 0.2 feet of approved grades. The entire right -of- way shall be graded to within 0.2 feet of final subgrade, as noted in the approved improvement plans for the project. Any and all unstable soil conditions or soils unsuitable for construction in the right -0f - -way shall be corrected and/or replaced. The Subdivider shall clear trees and/or debris from utility easements and rights -of -way, as per the request of the City or utility, prior to installation of the improvements. All soils shall be compacted to a minimum of 90% Standard Proctor Density. All work shall conform with the approved Site Grading Plan, and shall be completed prior to the commencement of construction on the site. 2. Subdivider shall complete all work noted in Paragraph No. 1, and provide a written verification from a professional engineer or surveyor, prior to installation of utilities and/or issuance of building permits. Any costs associated with these requirements shall be the sole responsibility of the Subdivider, and are not financed through the City. Following written verification that the site work has been completed has been received by the City, after ten days written notice, the Subdivider agrees that the City may complete unfinished work within the Right -of -way or easements, and bill or assess (at the City's discretion) the costs to complete the work, including City overhead. It is agreed and understood that timely completion of this work is essential in order to complete the infrastructure improvements within the plat. 3. It is agreed and understood that natural gas or electric distribution mains and services will not be scheduled for installation until all utility and street construction has been completed in the plat, and . all provisions of paragraphs l and 2 of this section have been met. IVH2 (919197) -Page 1 ,97 -G -, 4. It is understood and agreed that it shall be the responsibility of the Subdivider to make topsoil available for backfill of the curb and gutter. If stockpiled topsoil is not available on the site, topsoil may be required to be hauled to the site by the infrastructure contractor at the Subdivider's expense. Seeding of the rights -of -way will be included in the improvement project However, the Subdivider shall provide all turf establishment and erosion control necessary to protect the utilities and street improvements beyond the boulevard areas. The Subdivider shall also provide all erosion control during site grading work, prior to infrastructure construction, necessary to meet local and state requirements. The entire site shall be planted with perennial rye grass, or other erosion control plantings, following completion of site grading. 5. It is understood and agreed that it shall be the Subdivider's responsibility to provide survey control points for all infrastructure and site construction. This shall include, but is not limited to, curve points on all street rights -of -way, storm sewer structures and endpoints in all easement areas, property corners, and other points determined as necessary to properly locate and construct the infrastructure improvements on the development site. It is also understood and agreed that the Subdivider shall replace all survey points disturbed by the Subdivider, or those under his control. It is also understood that survey points disturbed by the City, or parties contracted to the City, shall be replaced by the Subdivider, but the cost of this work shall be paid by the City, or parties contracted to the City, at the same rates charged to the Subdivider. EASE 11, CONSTRUCTION AND MAINTENANCE OUTSEDE OF RIGHTS-OF-WAY Al 1. It is understood and agreed that all street construction, potential future reconstruction, and maintenance outside of rights -of -way, including snow removal, shall be the responsibility of the Subdivider and/or Association. All construction shall meet the appropriate standards of construction (Mn/DOT Specifications). The street shall meet city structural standards for residential streets (currently 12" of gravel over geotextile fabric, with 3" of bituminous). The geometric design of all private streets shall be reviewed and approved by the City, and must meet emergency services accessibility standards. 2. It is agreed and understood that lateral sanitary sewer and watermain 8" or greater in diameter, and storm sewer lines greater than 12" in diameter (but not including farm tile lines) located within easement areas shall be considered a portion of the municipal system. Due to the limited work environment created by closely spaced buildings, the location of private streets and abundant driveways, and other potential conflicts in excess of those usually found in areas with public utilities, it is also agreed and understood that the City will not be responsible for restoration of areas disturbed by maintenance, repair and /or replacement of these municipal utilities. It is agreed that the City of Hutchinson will perform general maintenance and repair of these lines. All restoration of disturbed areas, outside of regrading disturbed areas to the previous general grade, shall be the responsibility of the Subdivider, association or assignees. Shrubs, flowers, trees, driveways, fences or other encroachments within the easement areas shall be installed within easement areas at the risk of the property owner /Association 3. It is understood and agreed that it shall be the Subdivider's responsibility to locate, reconnect and/or reconstruct all drain tile lines through the property. The neighboring property owner to the . west of this development has verified that a drain tile serving other properties runs through Island View Heights 2nd Addition. The City shall be notified if an existing drain tile is disturbed. =12 (919197) -Page 2 4. It is agreed and understood that the Subdivider shall be responsible for assuring that building construction is completed in conformance with the preliminary plat and grading plan. It is essential that the vertical and horizontal locations of the structure are verified to avoid conflict with infrastructure and potential flood or drainage damage. Any costs associated with these conflicts and potential relocations of utilities and /or structures shall be the sole responsibility of the Subdivider. III ASSESSMENTS The Subdivider hereby petitions the City to construct lateral and trunk sanitary sewer mains and appurtenances, lateral and trunk watermains and appurtenances, sanitary sewer service leads, water service leads, lateral and trunk storm sewer and appurtenances, curb and gutter, street grading, street base, street surfacing, street signs and lighting, and appurtenances to serve the entire plat. 2. It is understood and agreed that the improvements in Paragraph No. 1 will be installed by the City under one or more contracts. Phase 1 improvements are proposed for late 1997 and early 1998. It is understood and agreed that the City will have the right to extend watermain to complete the loop between West Shore Drive and Prairie View Drive if an acceptable quality of the potable water, or quantity of water for fire protection, can not he provided. These costs shall be assessed equally to all properties not included in Phase 1. It is also agreed and understood that, at the City's discretion, bituminous wear course construction for Phase 1 shall be constructed and assessed after 60% of all homes are constructed, but no later than December 31, 2000. 3. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall include contracted costs, city administration and engineering costs and capitalized interest cost. 4. It is understood and agreed that the total cost of said improvements in Paragraph No. 1 shall be assessed on a per unit basis for all costs associated with said plat. All assessments will be divided among the lots as follows: Phas Block 1, Lots 2 and 3 (single- family) 4.0 units /each 8.0 units Block I. Lot 1. and Lots 4 -1 1 (single - family) 2.5 units /each 22.5 units Block 2, Lots 1 - 5 (single - family) 2.5 units /each 12.5 units Blocks 3. Units 1 -18 (twin homes) l unit/each 18.0 units Block 4, Units 5 -34 (twin homes) I unit/each 30.0 units City Par 4.0 units Total Units 95 units Is understood and agreed that half of the cost for the storm sewer constructed in Phase 1 shall be assessed to Outlets A & B. These costs reflect storm sewer constructed in Phase l that provides service for Phase 2 development. It is agreed and understood that these costs will not be deferred. It is also agreed that the $9,500 paid for farm the relocation shall be assessed to Phase 1. Phase 2 . Per unit, equally, based on the total units served (costs shall include storm sewer constructed in Phase 1) IVH2 1 919197) -Page 3 5. It is agreed and understood that each lot shall pay a Trunk Sanitary Sewer and Watermain connection fee. This fee will compensate the City for improvements required to provide Trunk Sanitary Sewer and Watermain access to the plat property boundary. This fee shall be collected at the time of building permit issuance, and shall be at the rate in place at the time of permit issuance. The rates for 1997 for twin homes and three plexes will be $490 per unit for Sanitary Sewer and $260 per unit for Watermain, or as approved by the City Council of the City of Hutchinson. All single - family parcels under % acre in size will be at the same rates. All single - family parcels over % acre in size shall be assessed $540 for Sanitary Sewer and $320 for Watermain, or as approved by the City Council of the City of Hutchinson. Parcels over 3/4 of an acre may be charged higher rates. 6. It is understood and agreed that any agreements regarding the method and procedure for assessments from municipal improvements shall, at the sole option of the City, cease to be effective thirty six months following approval of the Subdivision Agreement by the City. The City may exercise the option granted herein by giving written notice at any time, either before or after the expiration of the thirty six month period, of the City's intention to nullify the method and procedure for spreading assessments under the terms of the Subdivision Agreement. In the event the City so elects, all assessments subsequent to the notice shall be spread and imposed pursuant to Chapter 429 of Minnesota Statutes or other applicable laws. The written notice called for by this paragraph shall be given to the fee owner of the property as disclosed by the records of the McLeod County Recorder or Registrar of Titles. .I DI tU 01 WKWKIR" 4191 I 1 1. It is understood and agreed, that a Parks and Playground Contribution will be made to the City. The contribution shall be partially based on dedication of park land, as noted in the preliminary plat, and the remainder as payment in lieu of dedication. Open Space Dedication is 7.5% of the gross acreage of R- l zoning areas, and 12% of the gross acreage of R -2 zoning areas. In lieu of additional land dedication, a cash contribution at the rate noted in the Municipal Code at the time of construction shall be paid. The current ordinance calls for a payment in lieu of dedication of $175 per unit in R -2 zoning areas and $215 in R -1 zoning areas. It is agreed and understood that the Parks. Recreation and Community Education (PRCE) Advisory Board must provide approval for the final contribution. 2. It is understood and agreed that the Subdivider shall pay a fee of $800 per lot for single family residents and $800 /unit for structures with up to 4 units as a municipal electric service access charge, as noted by agreements with McLeod Cooperative Power Association (Coop). These fees shall be collected with the building permit for all properties, unless otherwise noted in the agreement with McLeod Cooperative Power Association. The checks shall be made out directly to the "McLeod Cooperative Power Association'. 3. It is understood and agreed that the Subdivider shall, prior to installation of utilities, pay connection fees for Electric and Gas Service to Hutchinson Utilities for all units to be served in the final plat. These costs are $200 /unit for Electric Service, and $150 /unit for Gas Service, or as in effect with Hutchinson Utilities at the time of development. These fees include the standard connection to each house, and include required meters. Services larger than the standard residential sizes will be at an additional cost. IVH2 (919197) -Page 4 4. It is understood and agreed that all street lights not located within street rights -of -way shall be individually metered and charged to the Association. V. GENERAL It is understood and agreed that no building permits will be issued for building construction prior to the utility and street improvement project completion, unless the Subdivider provides a separate access to the building site that does not interfere with utility and street construction. Any damage that occurs to areas within the improvement project due to building construction shall be the responsibility of the Subdivider to correct. 2. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. 3. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 4. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. All costs associated with said recording shall be paid by the Subdivider. IN WITNESS THEREOF, has hereunto set its hand this day of _, 1997. Scenic Heights Investment William H. Gilk, Partner STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of by Notary Public, County, Minnesota My Commission Expires STATE OF MINNESOTA COUNTY OF 0 The foregoing instrument was acknowledged before me this day of , by Notary Public, County, Minnesota IVH2 (919197) -Page 5 My Commission Expires APPROVED BY THE HUTCHINSON CITY COUNCIL THE 9th DAY OF SEPTEMBER, 1997 CITY OF HUTCHINSON MARLIN TORGERSON, MAYOR GARY D. PLOTZ, CITY ADMINISTRATOR STATE OF MINNESOTA The foregoing instrument was acknowledged before me this day of COUNTY OF 1997, by Marlin Torgerson, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg, Director of Engineering/Public Works City of Hutchinson 1 1 1 Hassan Street SE Hutchinson, MN 55350 -2522 612 - 234 -4208 0 IVH2 (919197) -Page 6 RESOLUTION NO. 10895 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT • LETTING NO. 1C /PROJECT NO. 97 -28 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of Island View Heights 2nd Addition by construction of storm sewer. sanitary sewer and services, watermain and services, grading, gravel base, concrete curb & gutter, bituminous surfacing and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid E and whereas, it appears that of is the lowest responsible bidder;; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into the attached contract with of , in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be • retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 9th day of September, 1997. City Administrator Mayor RESOLUTION NO. 10896 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT • ASSESSMENT ROLL NO. 5016 LETTING NO. 10 /PROJECT NO. 97.28 WHEREAS, cost has been determined for the improvement of Island View Heights 2nd Addition by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb & gutter, bituminous surfacing and appurtenances, and the bid price for such improvement is S and the expenses incurred or to be incurred in the making of such improvement amount to $ so that the total cost of the improvement will be $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the assessment resolution. 2. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 3. The City Administrator shall, upon the completion of such proposed assessment, notify the • Council thereof. Adopted by the Council this 9th day of September, 1997. Mayor City Administrator • RESOLUTION NO. 10897 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5016 LETTING NO. 10 /PROJECT NO. 97 -28 • WHEREAS, by a resolution passed by the Council on the 26th day of August, 1997, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving Island View Heights 2nd Addition by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb & gutter, bituminous surfacing and appurtenances WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The hearing on the assessments is hereby waived, as the property owners have waived their rights to a hearing. Adopted by the Council this 9th day of September, 1997. Mayor City Administrator K —�1 RESOLUTION NO. 1o898 • RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5016 LETTING NO. 10 /PROJECT NO. 97 -28 WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of Island View Heights 2nd Addition by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb & gutter, bituminous surfacing and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The proposed assessment on Project No. 97 -22 is hereby deferred until the meeting of June 24, 1997, due to opposition by property owners. 2. Such proposed assessment on Project Nos. 97 -02, 97 -19, 97 -21, 97 -23 and 97 -24, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of _ percent per annum as set down by the adoption of this assessment resolution. To the First installment shall be added interest on the entire assessment from November 15th, 1997, until the 31st day of • December, 1998. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 1997; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 9th day of September, 1997. City Administrator Mayor C M E M O TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Contract for Letting No. 7/1997 Project No. 97 -13, 97 -25, 97 -26, 97 -27, 97 -30, 97 -31 DATE: September 5, 1997 This letting includes several projects, some assessed and some mostly City cost. The bid for this project came in substantially higher than expected. After thorough review of the projects, and • discussion with Subdividers and staff, we expect to propose awarding portions of the project and rejecting others. We will present a thorough breakdown of issues at the Council meeting. Please note that the Block 50 alley improvements were removed from the Letting due to complications with design. These issues are expected to be resolved next year as the Hutchinson Telephone Company reconfigures there service in the area. R A N D U M cc: Cal Rice . City Center Ill Hassan Street SL Hutchinson,.t1N 55350 -2522 (320) 587 -5151 Fax (320) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 2344240 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (310) 587 -2242 Fax (320) 587 -6427 - Printed on recycled paper - • RESOLUTION NO. 10899 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5015 LETTING NO. 7 /PROJECT NOS. 97 -13, 97.26, 97 -27, 97 -31 WHEREAS, by a resolution passed by the Council on the 26th day of August, 1997, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving: Project No. 97 -U Sidewalk Improvements City Wide; and Project No. 97 -26 Industrial District Storm Sewer from Solitra Lot to Hands Lot with Connection to Industrial Boulevard SE by construction of storm sewer, ponding and appurtenances; and Project No. 97 -27 Bradford Street SE south of Orchard Avenue SE by construction of sanitary sewer and services, watetmain and services, grading, gravel base, curb and gutter, bituminous base, and appurtenances; and Project No. 97 -31 Municipal Parking Lot in Block 8, South 5i City by construction of storm sewer, grading, gravel base, curb & gutter, bituminous surfacing & appurtenances; WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The hearing on the assessments is hereby waived, as the property owners have waived their rights to a hearing. Adopted by the Council this 9th day of September, 1997. Mayor City Administrator i . RESOLUTION NO. 10900 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 7 /PROJECT NOS. 97 -13, 97.26, 97.27, 97 -31 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the following improvements: Project No. 97 -13 Sidewalk Improvements City Wide; and Project No. 97 -26 Industrial District Storm Sewer from Solitra Lot to Hands Lot with Connection to Industrial Boulevard SE by construction of storm sewer, ponding and appurtenances; and Project No. 97 -27 Bradford Street SE south of Orchard Avenue SE by construction of sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base, and appurtenances; and Project No. 97 -31 Municipal Parking Lot in Block 8, South 'k City by construction of storm sewer, grading, gravel base, curb & gutter, bituminous surfacing & appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Amount Bid Wm. Mueller & Sons, Inc. of Hamburg MN $157,464.40 and whereas, it appears that Wm. Mueller & Sons, Inc. of Hamburg, MN is the lowest responsible bidder;; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and d to enter into the attached contract with Wm. Mueller 81 Sons, Inc. of Hamburg MN, in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the Director of Engineering. 2. The Director of Engineering is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 9th day of September, 1997. City Administrator Mayor • f-T HIGHLIGHTS OF 2ND QUARTER EXCELLENCE PLUS OBJECTIVES CITY ADMINISTRATOR ► Newsletter Steering Committee ► Capital Improvements Process Team > Flow Charting > Time Lines > Software ► Purchasing Team > Automation • > Vendor Certification ► Monthly Internal Employee Training PUBLIC WORKS ► Airport - Phase II -- Plans and Project Approved ► Restructure of Public Works > Employment of John Olson, Assistant Public Works Director ► Pavement Management System -- Phase II (50% Completed) > Policy Review, Training, Graphicing, Technical Analysis ► Comprehensive Transportation, Utility and Land Use Planning > Light Traffic Task Force (95 %) > Transportation Plan/Destination Study Being Studied > Sanitary Sewer Plan (95 %) > Transit System 9—A • PLANNING ► Letter of Intent POLICE ► Computerization with Laptops in Vehicles ► Revised Vehicle Replacement Plan > 4 and 6 Year Schedule > Refurbish -- Over 75,000 Miles ► In -House Curriculum to Increase Customer Satisfaction by 10% WATER /WASTEWATER/RESOURCE RECOVERY • 0 , Composting Grant Cif ► W 1`► It :(.Y I,7K41 9 1 ► Review Program Fees P. Landscaping of City Center ► New Methods to Communicate > Arena Comment Cards > In- Person Survey of Park Users 11 0 INDUSTRIAL DEVELOPMENT P. Business Park Presentation ► Expansion of Industrial Park ► Campaign to Explain Vision 2000 ► Increase Customer Satisfaction by 10% > Commercial Loan Programs > Inquiring Companies FINANCE ► Continuous Improvement of Annual Financial Report ► Involvement to Process Team (Purchasing, Vendor Certification) ► Implementation of Water Rates 0 Minnesota Department of Public Safety �.,_. LIQUOR CONTROL DIVISION 444 Cedar St. /Suite 1 OOL St. Paul, MN 55101 -2156 (612)296 -6439 TDD (612)282 -6555 APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION N OF ORG TION DATE ORGANIZED TA}C ER + W tVER / STREF,S D S CITY ST A ZIP CODE , NAME OF PERSON Q LICA ION BUSINESS PH NE HOME PHONE 'j s o - o 0 0 - DATES LIQU R BE SO D (1 to 4 days) TYPE OF ORGANIZATION UrIPA '— CLUB ❑ CHARITABLE ❑ RELIGIOUS ❑ OTHER NONPROFIT ORG ATION�FFIC 'S NAME ADDRESS // LL to Ob o667� ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS atrou where It used. an outdoor area D Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor license providing the service. Will the applicant carry liquor liability ' ance? If so, the er s narrLe and. t of coverage. S (NOTE: hvsurance is not mandatory) APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL CITY /COUNTY City of Hutchinson DATE APPROVED CITY FEE AMOUNT $50.00 LICENSE DATES DATE FEE PAID 9-9-97 NATURE CITY CLERK OR COUNTY OFFICIAL APPROVED LIQUOR CONTROL DIRECTOR NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the ikense. Submit to the City or County at least 30 days before the event PS- 09079(8N5) �1-16' September 9, 1997 • CANDIDATE LIST Mayor: Michael Ribich Richard K. Schumann Marlin Torgerson Councilman: Mike Campa Jeff Haag John Mlinar PIONEERLAND LIBRARY SYSTEM'S • AUTOMATION NEWSLETTER VOLUME 1, ISSUE 3 (AUGUST, 1991) Purpose of this one page newsletter is to inform city and county officials; city and county administrators, members of Pioneerland Library System and local library boards and library staff on the development and implementation of Pioneerland Library System's automation services, operations and products. INTERNET SF RVL TO TRit Ry STAFF ANLL PATRONS INSTAL 1 FD 29 of 31 Pioneerland Library System's libraries, administration office and processing center have been connected to Internet. Spicer and New London are the only ones not connected. Spicer is building a new library and internet installation will be part of that project. New London's lease ended in June and therefore Pioneerland will wait to install internet after a new lease is negotiated or a different location for the library is selected. Pioneerland has also purchased an internet server. With the server, Pioneerland will be providing e-mail service for libraries beginning in September. Also with the internet server Pioneerland will develop its own home page and research the feasibility of purchasing on- line shared commercial databases which could be used by libraries and their patrons. PLS ONLINE. 2000 TF.1.F1' • INSTALLATION COOTS 5180 000 IN FIRST HALF OF 1997 Telecommunication equipment and phone lines installed for internet will also serve as the telecommunication infrastructure for PLS ONLINE 2000. Cost to purchase and install this equipment in the first 6 months of this year exceeded $181,000. STATE. AND i W ST ('RANTS MAKE PI Ol\ RL AND LIBRARY THE i_F.ADFR IN MINNESOTA IN L LRRARV VE DFO ONr 'RFNCING Currently only 5 public libraries in Minnesota have videoconferencing and two of them are Willmar and Montevideo. Other sites are Detroit Lakes, Mankato and Cambridge. With funding from the State and US WEST, Pioneerland has used videoconferencing for committee meetings, statewide conferences, and staff training and education. State legislature in the last session approved videoconferencing for public meetings including board meetings. Videoconferencing offers an attractive alternative to winter travel. PL.S ONLINE PROIF(`T M(I«r FORWARn In addition to installing telecommunication infrastructure, other developments in PLS ONLINE 2000 are: 1) On August 5, RFP for PLS's statewide on -line library management and gateway system (MnLINK) was sent to 28 automation vendors 2) PLS is developing recommendations and implementation plans for libraries to begin barcoding their collections and create electronic patron files 3) PLS's staff and board committee is drafting a new and major comprehensive technology plan and 4) PLS will be applying for future telecommunication discounts federally funded for libraries. PIONEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT HUTCHINSON JULY 31, 1997 TOTAL REVENUES 10,899.20 128,010.41 171,089.00 74.82% 58% EXPENDITURES: • SALARIES M -T -D Y -T -D - 83,000.00 % OF % OF REVENUE: AMOUNT AMOUNT BUDGET BUDGET YEAR RESERVE - 9,029.00 45,779.37 46,803.00 97.81% 58% CITY OPERATING 19,335.25 58,005.75 77,341.00 75.00% 58% COUNTY OPERATING 0.00 22,235.OD 44,470.00 50.00% 58% GIFTS 530.00 1,576.56 600.00 262.76% 58% CHARGES, FINES 56.95 396.73 350.00 113.35% 58% EQUIPMENT RENTALS 6.00 17.00 25.00 68.00% 58% BOOK SALES 0.00 O.DO 1,500.00 0.00% 58% OTHER 0.00 0.00 0.00 0.00% 58% TOTAL REVENUES 10,899.20 128,010.41 171,089.00 74.82% 58% EXPENDITURES: • SALARIES - 6,543.66 - 45,324.94 - 83,000.00 54.61% 58% HEALTH INSURANCE -82.74 - 546.68 - 1,084.00 50.43% 58% HEALTH INSURANCE- DEDUCTIBLE 0.00 - 320.00 - 320.00 100.00% 58% PAYROLL TAXES - 701.35 - 4,90334 - 9,130.00 53.71% 58% BOOKS - 1,958.74 - 12,520.20 - 29,000.00 43.17% 58% PERIODICALS - 185.95 - 2,856.75 - 5,000.00 57.14% 58% VIDEOS 0.00 - 350.00 - 350.00 100.00% 58% • BINDINGS -18.62 -18.62 - 100.00 54.61% 58% POSTAGE & SHIPPING -72.00 - 526.35 - 1,000.00 52.64% 58% NEW EQUIPMENT 0.00 - 2,710.43 - 12,000.00 22.59% 58% MAINTENANCE CONTRACTS 0.00 0.00 - 500.00 0.00% 58% SUPPLIES -76.12 - 748.53 - 3,000.00 24.95% 58% PROMOTIONAL & PROGRAMS 0.00 0.00 - 200.00 0.00% 58% INSURANCE 0.00 - 1,134.46 - 1,157.00 98.05% 58% ADS & LEGAL NOTICES 0.00 0.00 - 100.00 0.00% 58% AUDITING 0.00 -70.97 -64.00 110.89% 58% BOOKKEEPING -30.00 - 210.00 - 360.00 58.33% 58% CONTINUING EDUCATION 0.00 0.00 - 365.00 0.00% 58% SALES TAX 0.00 -0.06 - 200.00 0.03% 58% TOTAL EXPENDITURES - 9,669.18 - 72,241.73 - 145,930.00 49.17% 58% FUNDS AVAILABLE 1,230.02 55,768.68 24,159.00 - 230.84% 58% 0 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP 9UG 2 2 1997 ATTORNEYS AT LAW DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND PAUL D. DOVE JANE VAN VALKENSURG RICHARD G. MaGEE CATHRYN D. REHER WALTER P. MICHELS, III 'ALSO ADMITTED IN TE% 5 AND NC YORK 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON August 20, 1997 OF COUNSEL ARTHUR L. DOTEN TERRI A. BLOMFELT 5861 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 FAX (612) 542 -9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 369 -5506 Mr. Gary D. Plotz Hutchinson City Center III Hassan Street SE Hutchinson, Mn. 55350 FOR YOUR INFORMATION Dear Gary: I thought the Council would be interested in a recent article which appeared in the British magazine, The Economist in the July 5, 1997 issue dealing with Minnesota. I pass the article along for your consideration regarding inclusion. Thank you. Best regards. Very truly yours, ARNOLD, SO D PEEP G. Barry Anderson GBA:jm enc. \J CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION UNITED STATES also corroborates Ms Phillips's tale. Pam Hood, who in 1991 worked with Ms Jones (whose nickname then was "Betty Boop ") at the Arkansas industrial Development Commission, says Ms Jones displayed "bubbly enthusiasm" after her meeting with Mr Clinton. All this may prove a mixed blessing for the president. in his favour, the new stories suggest that many of Ms Jones's allegations will be hard to prove in court. (Moreover, the apparent monetary motivation of state troopers may undermine the increasingly strained investigation run by Kenneth Stan, the "independent "Whitewater coun- sel, whose investigators earlier this year quizzed troopers about Mr Clinton's sex life.) At the same time, however, the bulk of the new evidence adds credibility to the claim that something did take place be- tween the then governor and Ms Jones at the Excelsior Hotel. But what, exactly? Minnesota The land of good examples MIHNFAPOLIS «TAKE WOBEGON, where all the ju women are strong, the men are good - looking and all the children are above average..." No wonder Garrison Keillor appeals to his fellow Minnesotans. Pick almost any statistic you care to men- tion, and their state comfortably, almost' complacently, beats the nation's average: 14th in personal income per person; 14th in fourth -grade reading proficiency; first in the rate ofhigh - school graduation; 42nd in number of murders; 2nd in percentage of home - ownership. Even in seat -belt use its drivers (gingerly enjoying a phased relax- ation of the old 55mph speed limit) are bet- ter behaved than most. Surely this is Ameri- ca's promised land. Not quite The climatic extremes, with bitterly cold winters and stifling summers, can defeat even the pragmatic Minnesotans, God - fearing folk of level- headed Scandinavian ancestry. Last weekend the teenage sweethearts of Grand Forks and East Grand Forks, twin towns that span the border with North Dakota, belat- ed ly held their high - school prom. It had been delayed since April 19th, when the Red River bu rst its banks in the worst floods in any- one's memory. With President Clinton quarrelling with Con- gress's Republicans over how to compensate victims of the flood damage, estimated at $2 billion, the region—conventionally ignored by out- siders— finally caught America's attention. The conventional ignorance is a pity. Minnesota is an object lesson in self -im- provement A century ago its Twin Cities of Minneapolis and St Paul were the hub of a Great Plains agricultural empire that stretched as far west as Montana. Indeed, until the 1930s Minneapolis (aptly derived from the Dakota and Greek words for water and city) was the flour -m illi ng capital of the world. But today the Twin Cities are the centre of a balanced, diversified economy in which farming and its offshoots have a share of only 4% or so. The transition is no overnight phenom- enon: 3M (no one now refers to "Minne- sota Mining and Manufacturing ") has been introducing new products by the thousand for most of this century; the Dayton family, who helped invent the indoor shopping mall and the national bookstore chain, founded their company in 19o2 They are now part of a cluster of Fortune 500 compa- nies, including General Mills, Northwest Airlines, First Bank System, cent and Supervalu, which give the state a high pro- file in everything from agricultural com- modities across to finance and high technology. But Minnesotans rarely boast Their homogeneous culture (94% white) is also honest and hard - working, which helps ex- plain their success. So too does a tradition of social and economic policy that seems, at times, European. Social services, for ex- ample, are more generous than the average (and are supplemented by the pledge of 78 Minnesota companies to donate 5% of their earnings to charity} There is even an un- American willingness to use subsidies as a too] of industrial policy: in 1991 the state committed $840m in credit and loan guar- antees to persuade Northwest Airlines to keep its hub in the Twin Cities and to build repair facilities in the state. It seems, there- fore, slightly odd that Minnesotans have twice elected a Republican, Arne Carlson, as governor; yet Mr Carlson, in practice, has proved more liberal than many Democrats Not so wobegon M nne,o. Job- growth rates, 1990.96 t® united state % perye.r s - o To f F"u m Inmr.n,e and property M nur.Mrinq (durablesI M nNachg (non- d,trab4I ,a.— LInH,.Ne o, M..,m.. Meanwhile, Minnesotans ofall parties have a trulyAmerican willingness to be in- novative (and perhaps puritanical} The state produced the nation's first anti -smok- ing bill and educational- choice plan. In 1995 it launched a welfare experiment which allows poor parents to keep part of their welfare benefits when they find jobs and which also offers them free day care and health care. Social stability and economic prosper- ity: it may seem there is nothing to mar Minnesota's prospects. After all, through- out the 19gos it has been "growing" jobs faster than the national average Indeed, while America as a whole lostjobs in man- ufacturing durables (the sector that in- cludes machinery, cars and soon) and non - durables (eg, paper and food), Minnesota increased them by around 7 %(see chart} In the first quarter of this year the state econ- omy grew by 5.8 % —a rate that, while un- sustainable, gives a cushion against any na- tional slowdown. Some 88% of Minnesot- ans aged 16-64 are now in the workforce (the highest rate in the nation); only 4% of them are unemployed; and their personal income should grow this year by 4.5 But will pride come before a fall? Look hard enough, and there are some clouds on the hori zon. At only 4.6m the population is small; the birth rate is low; and the ]about market is tight (witness the half -dozen em- ployment supplements in the Star Tri- bune). Stronger growth in California, Texas and Illinois, recent sources of immigrant labour for Minnesota, might cramp the am- bitions of employers in the Twin Cities. One other threat looms: the gen- erosity of the 1996 farm bill (which handed the state's farmers an extra $26om last year and raised state -wide personal in- come by oa %) will run out in 2002; its loss might have reper- cussions beyond the farms. Yet it is hard to get worked up about these metaphorical clouds. More alarming are the real ones: severe thunderstorms again cov- ered Minnesotan roads this week. One Minneapolis secretary was moved to comment: "I think peo- ple round here haven't been pray- ing enough." a 0 28 THE ECO.N'OM I$T 3ULT STH 1997 Peace, beauty, soft -core socialism HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCH INSON, MINNESOTA 55350 TO: Mayor and Council FROM: Brad Emans, Fire Chief [,:C•]W. • August, 1997 The fire department responded to 34 calls for service in August. an 5 4 8 2 3 3 • 2 1 1 ;akdown of the City calls: - Residential - Commercial /Industria - Multi Family - Rescue - Haz Mat - Vehicle - Carbon Monoxide - Sky Warn - Mutual Aid Glencoe Breakdown of the Rural calls- 3 Residential 1 Rescue 1 Vehicle Drills /Meetings for the month: • SCBA's • Driving Defensive • Auto Extrication • Team work Extra Duty - McLeod County Fair • Figure 8 Racing • Tractor Pull • Demo - Derby /bb • • 8/28/97 HUTCHINSON UTILITIES COMMISSION PAGE BALANCE SHEET .JULY 31, 1997 0 a w x w x TOTAL x w x w ASSET8 _ UTILITY PLANT - AT COST LAND 8 LAND RIGHTS DEPRECIABLE UTILITY ELANI 891,734.75 .1 e TOTAL. UTILITY PLANT 53,916,864.88 ° LESS ACCUMULATED DEPRECIATION { c i 9. 845.854.23) e �+ TOTAL ACCUMULATED DEPRECIATION PQNSTRUCTION IN PROGRESS _ (19,845,854.23) 424,804-17 T11 TOTAL CONSTRUCTION IN PROGRESS 421,664.17 ,a TOTAL UTILITY PLANT DEPREC VALUE m RESTRICTED FUNDS 6 ACCOUNTS T n INVESTI£NT - GAS RE . MEDICAL INSURANCE 166,066.66 _ � „ BOND 6 INTEREST PAYMENT 1993 _ BOND RESERVE - 1993 849,649.75 1,389,320.00 „ b CATASTROPHIC FAILURE FUND 1,250,000.00 TOTAL RESTRICTED FUNDS 8 ACCOUNTS ' 4,264,424.44 p CURfWNT 8 ACCRUED ASSETS >z " ,. CASH IM BANK INVESTMENTS 6 BAVIMGS ACCOUNTS 2,529,284.09 ' ACCOUNTS RECEIVABLE 2,299,251.55 INVENTORIES 1,273,365.04. y PREPA I ACCRUED INTEREST RECEIVABLE 13,704.21 ' MISC - ACCOUNTS RECEIVABLE - TOTAL CU. RRETIT 8 ACCRUED ASSETS 1,143.51 A.2SA 972 ., k DEFERRED CHARGE BOW DISCOUNT 1993 .e TOTAL DEFERRED CHARGE 140,365.41 •' TOTAL ASSETS .1 78.222.41 u ee a. v' s. N w a a, u m u n 0 8/28/97 MU NICIPAL _E7UITY_6_ LIABILITIES . —__ MUNICIPAL EQUITY MUNICIPAL EQUITY ROPR IAM — RETAINED ARNINGS_ — TOTAL MUNICIPAL EQUITY LONG TERM LIABILITI OF CURRENT MATURITIES 1993 BONDS TOTAL LONG _TERM_LJABILITIES CONSTR CONTRACTS 8 ACCTS PAY RETAIN ACCRUED EXPENSE �EiA IMAGE TOTAL CONSTRUCTION & ACCTS PAY CURRENT 6 ACCRUED LIABILITIES ACCOUNTS PAYABLE INTEREST ACCRUED of&QTS PAYABLE TO CITY OF__HUTCHINSON_ _. ACCRUED PAYROLL ACCRUED VACATION PAYABLE FUND ACCRUED MEDICAL ACCRUED REC PAYMENT - - - -- CXISTOMER DEPOSITS CURRENT A ACCRUED LIABILITIES __- OTHER TOTAL CURRENT 6 ACCRUED LIAR TOTAL MUNI EQUITY 8 LIAR ti 0 HUTCHINSON UTILITIES COMMISSION BALANCE SHEET JULY 31, 1997 2,976. 12 1,344,019.70 101,725.94 56.250.AW - -- - —_ 77,821.07 152,755.52 108,650_7 _ —__- 3,646.16 93,005.00 5 1,991,927.76 - 45, 178,2._'"'.__91_ PAGE 2 M M • • TOTAL • ■ 29,722,477.20 - -- 30,933,319.03 12,250,000.00 -- _ -_ _ 12,250,000_00 . 0 8/28/97 HUTCHINSON UTILIA COMM (SSION STATEMENT OF INCOME 8 EXPENSES JULY 31, 1997 PREVIOUS CURRENT YEAR TO DATE YEAR TO DATE -------- ------ ------------- PAGE 1 BUDGETED BUDGET YEAR TO DATE DEVIATION ------ ------ • ANNUAL BUDGET INCOME STATEMENT OP ERATING REVENUE SALES - ELECTRIC ENERGY 6,598,069.81 6,737,568.62 6,716,300.00 21,268.62 11,300 SALES FOR RESALE 258,659.00 628,544.80 393,300.00 235,244.80 570,000.00 ' __... NE INCOME FROM O THER SOURCES _ _ _- _24,666.94 _. _ - 5_4,Q07_0t - 28.718.00 25,289.08 54,000.00 SECURITY LIGHTS 7,548.50 7,413.50 7,670.00 (256.50) 13,000.00 POLE RENTAL 3,067.75 3,050.75 4,000.00 (949.25) 4,000.00 SALES _GAS 3,539,143,_10 _ 4 ._460,10L4.Q4_ 3.611.700.00 _ .848,404.04 6,000,000.00 TOTAL OPERATING REVENUE 10,436,155.10 11,590,688.79 10,761,688.00 1,129,000.79 17,941,000.00 OPERATING EXPENSES PRODUCTION OPERATION 621,607.93 711,212.28 688,192.45 (23,019.83) 1,155,395.00 PRODUCTION MAINTENANCE 434,546.24 354,806.63 357,855.00 3,048.37 486,100.00 _ PUR POW - 1,6 67,41 O 975. 962.640.00 - --A L3,036.601 1,719,000.00 : TRANSMISSION OPERATION .00 .00 .00 .00 3,400.00 TRANSMISSION MAINTENANCE 17,839.45 16,379.85 13,250.00 (3,129.85) 84,000.00 _ EL.E CTRIC DISTRIBUTION OPERATION _120.590,0 150.649.31 _i;MM34.50 - ._.__.(17.114.81)_. 209,450.00 ELECTRIC DISTRIBUTION MAINTENANCE 119,757.25 128,726.17 115,185.00 (13,541.17) 170,100.00 , MFG GAS PRODUCTION OPERATION 627.04 881.22 440.00 (441.22) 1,000.00 MFG GAS PRODUCTION MAINTENANCE 154.77 1.679.54 29Q.40 11.389-841____. - 2,00000____ PURCHASED GAS EXPENSE 4,859,142.88 5,910,656.07 4,923,474.00 (987,182.07) 8,360,790. GAS DISTRIBUTION OPERATION 123,030.30 133 136,825.80 3,444.99 244,120.00 ' GAS DISTRIBUTION MAINTENANCE 32 _ 35 X __1,758.86 54,900.00 _ CUSTOMER ACCOUNTING & COLLECTIONS 119,550.58 138,417.63 131,131.00 (7,286.63) 220,800.00 ADMINISTRATIVE 6 GENERAL. EXPENSES 745,264.26 1,037,682.15 923,893.96 (113,788.19) 1,425,116.20 DEPRECIATION _ - 8 47 24 5.00 - _ @ , Y2 @�QQ- 903.560.00 52,640.00 TOTAL OPERATING EXPENSES 9,709,504.38 10,446,660.70 9,327.622.71 (1,119,037.99) 15,698,171.20 OPERATING INCOME 724,659�72._ 1,444 028 _1.434.Q65_29__ 9,962.50 2,242,828.80 _ OTHER INCOME O - NET 29 ,0_24.24 - 88,097.56 _ 2 79 5 @COQ -- 1,Q�142.56 __. _ 90.000. QQ INTEREST INCOME 117,236.71 :161,901.93 115,500.00 46,401.93 210,000.00 F- MISC INCOME 75,757.54 83,423.58 55,800.00 27,623.58 60,000.00 GA IN ON DISPOSAL _ _ _ _ _ _ _ .00 _ _______.00 _ _ -00_ _ _ _ .00 1,500.00 MISC INCOME - GAS 175,412.96 257,087.62 160,230.00 96,857.62 327,000.00 - TOTAL OTHER INCOME 397,431.45 590,505.69 359,480.00 231,025.69 688,500.00 - OTHER EXPENSES DEPLETION - GAS WELLS .00 .00 MISC EXPENSES 54_3_14.39 78, 247.75 INTEREST EXPENSE 375,469.91 351,259.20 TOTAL OTHER EXPENSES 429,784,30 429,526.95 CONTRIBUTION TO CITY TOTAL CONTRIBUTION TO CITY NON - OPERATING INCOME 393,750.00 393,750.00 (426,102.85) ,394,165.00 394,165.00 (233,186,26) NET INCOME 300,547.87 1,0,841.83 .00 .00 105,000.00 _41.258.90 - _ 136.309.75) ____ 71,300.00 353,426.00 2,166.80 599,400.00 395,384.00 (34,142.95) 775,700.00 391,500.00 (2,665.00) 675,000.00 391,500.00 (2,665.00) 675,000.00 (427,404.00) -��- 194,217.74 (762,200.00) 1,006,661.29__.. _204,100.54 1,480,628.80 OPEN -HOLD COUNCIL REPORT 09- SEP- 1997page 1 -- - - - 1980 -__ TIDS __ _______ _ _ _ ___ ROBINSON APPRAISAL CO - _____ __ -_ .APPRAISAL OF PROPERTY -- _ - - - -_ $900.00 FILTERS $374.43 < *> CITY OF HUTCHINSON SEPT MED $900.00* l PARKING BDS JUUL CONTRACTING CO L9/96 EST #9 $672.02 - PIZZAS -LUNCH FOR JOHN 0 $80.00 WM MUELLER & SONS L6/97 EST #2 $18,753.06 G & K SERVICES < *> $62.10 $19,425.08* PATCH BATTERIES, FUSE 1995 IMPRO CONST BOLTON & MENK INC. PROFESS SERV- HAYDEN, OSGOOD $329.77 L & P SUPPLY CO . UNIVERSAL, NUT, YOKE BRAUN INTERTEC CORP PROFESS SERV - BITUMINOUS CORING $573.00 REIMB- SAFETY GLASSES $80.00 < > MN DEPT OF REVENUE REAR PADS, REAR ROTOR $902.77* 1996 IMPRO CONST BRAUN INTERTEC CORP PROFESS SERV - BRIDGE PROJECT $75.00 REPAIRS TO 95 FORD -PD 46 $1,811.29 JUUL CONTRACTING CO L9/96 EST #9 $3,932.45 SWEENEY BROS TRACTOR HOSE WM MUELLER & SONS ,7/96 EST #10 $9,990.41 ELECTRICAL CY $46.26 < > TERMINAL SUPPLY CO SUPPLIES $13,997.86* 1997 IMPR. CONST CONSTRUCTION MARKET DATA GROUP CONST ADS -1997 LETT #7 $397.60 $26,523.16* JUUL CONTRACTING CO L2/97 EST #4 $1,368.59 ALLEN OFFICE PROD WRIST REST OSM. PROFESS SERV -5TH AVE BRIDGE $4,530.05 FIELD BOOK $93.35 WM MUELLER & SONS L6/97 EST #2 $41,284.50 ARNDT, BILL < > $598.00 $47,580.74* AUGUST COMPENSATION CAP.IMPRO.FUND SCHWICKERT CO REROOF PER CONTRACT -FINAL BILL $1,552.50 $1,552.50* CENTRAL GARAGE BRANDON TIRE CO PLUG TIRE $746.05 CARQUEST AUTO PARTS FILTERS $374.43 CITY OF HUTCHINSON SEPT MED $432.09 CROW RIVER GLASS 'WINDSHIELD FOR 1996 BUS $442.67 DOMINO'S PIZZA - PIZZAS -LUNCH FOR JOHN 0 $80.00 FORTIS BENEFITS SEPT LTD $20.36 G & K SERVICES UNIFORMS $62.10 HUTCHINSON WHOLESALE PATCH BATTERIES, FUSE $53.00 J CRAFT MATERIALS & LABOR $1,599.13 L & P SUPPLY CO . UNIVERSAL, NUT, YOKE $177.04 MEIER, DOUG REIMB- SAFETY GLASSES $80.00 MN DEPT OF REVENUE REAR PADS, REAR ROTOR $11.32 MN MUTUAL LIFE SEPT LIFE $7.14 PLOWMANS REPAIRS TO 95 FORD -PD 46 $1,811.29 SUPERIOR FORD INC 1998 FORD WINDSTAR VAN $19,696.00 SWEENEY BROS TRACTOR HOSE $770.65 TEPLY EQUIPMENT ELECTRICAL CY $46.26 TERMINAL SUPPLY CO SUPPLIES $33.63 WICHTERMAN, KEN }REIMS- SAFETY GLASSES $80.00 < *> $26,523.16* GENERAL FUND AAGARD WEST SEPT SERVICE $867.48 ALLEN OFFICE PROD WRIST REST $55.91 ALLEN PRECISION FIELD BOOK $93.35 AMERICAN RED CROSS CFAS VIDEO PACK #II $21.70 ARNDT, BILL PORK CHOPS, LABOR, SEAS, CHAR $598.00 ARNOLD & MCDOWELL AUGUST COMPENSATION $6,866.00 AV FUEL CORPORATION AV FUEL $11,760.31 BCA /FORENSIC SCIENCE LABORATOR REG -S MOGARD /INTOX 5000 $40.00 BENNIN, LYNNE REFUND FBALL FEE -DAD COACHING $10.00 BERNICK & LIFSON PROFESS SERV $62.50 SIG BEAR BAR & CHAIN OIL $3.18 BLACK HILLS AMMUNITION AMMO $114.50 BOETTCHER, CATHY (REFUND TIGER FBALL CAMP $30.00 BRAD'S BODY SHOP ITAILIGHT ASSY, LABOR -1995 FORD $844.65 BRAUN INTERTEC CORP PROFESS SERV -PVMT MGMT SYST $1,404.00 BREMIX CONCRETE CO CONCRETE -VFW $125.56 BRUHN, KIM REFUND TIGER FBALL -1/2 PRICE $15.00 BUS. RECORDS CORP. BALLOTS $54.33 BUSINESSWARE SOLUTIONS MEMORY KITS, WINDOWS 95 $1,608.54 CADD /ENGINEERING SUPPLY BLUELINE $154.48 CAMERA SHOP DEVELOP & PRINT $24.72 CAMP FRIENDSHIP & EDEN WOOD 30 SENIORS -DAY SOJOURNS $300.00 CARR FLOWERS GREEN PLANT -M TORGERSON $76.38 u /0 -A} OPEN -HOLD COUNCIL REPORT 09- SEP- 1997page 2 GENERAL FUND ___ -- ------------------- CDI OFFICE PRODUCTS LTD ------------------------------- FASTENERS ------- $319.10 - - - - -- CITY OF HUTCHINSON ppUG FUEL $35,245.63 . COAST TO COAST NUMBERS, LETTERS $639.36 COMM TRANSPORTATION SIGNS $405.00 CONSTRUCTION MARKET DATA GROUP CONST AD -LETT #10 $361.20 CORWINE, BILL GAMES WORKED $112.00 COUNTRY DINER CATERING 270 SUPPERS $1,078.31 COWGER, KARLEEN REFUND FBALL FEE -DAD COACHING $10.00 CROW RIVER AREA QUALITY COUNCI REG -D LENNES, M B SCHAUFLER $40.00 CROW RIVER VET CLINIC AUG SERVICES $566.56 DAMMANN, BETH REFUND TIGER FBALL-1/2 PRICE $15.00 DEPT NATURAL RESOURCES DNR FEES TO STATE $910.00 DEPT OF EMPLOYEE RELATIONS REG - BRENDA EWING $20.00 DJ'S MUNICIPAL SUPPLY CAUTION TAPE, SAFETY SPECS ,541.49 DON HUME H720 -P BLK #42 $86.30 DOSTAL, ED GAMES WORKED $16.00 ENGWALL, JEANNE REFUND TIGER FBALL -1/2 PRICE $15.00 FENSKE'S STUMP REMOVAL STUMP REMOVALS $319.02 FORBES AUTO .REPAIRS- HEATER CORE $95.00 FORTIS BENEFITS 'SEPT LTD $1,627.43 G & K SERVICES UNIFORMS $957.65 G F NEMITZ SONS GALLONS ACETONE $23.60 GENE MINNICKS PAINTING PAINTING $325.00 GENE'S TOWING TOW VEHICLES TO SALVAGE $53.25 GENERAL OFFICE PRODUCTS CO LASER LABELS $6.22 GLAESER, CHERYL REFUND TIGER FBALL -1/2 PRICE $15.00 GOLDSTEIN, LUANN REFUND FBALL FEE -DAD COACHING 18.00 GREAT PLAINS SUPPLY PORTLAND CEMENT 25.53 HACH COMPANY LAB SUPPLIES 63.38 HANSEN DEMOLITION LANDFILL LANDFILL $123.25 HANSEN GRAVEL GRANITE $71.40 HARRIS CONTRACTING TEST RPZ $135.00 HIGGINBOTHAM, RUTH AUGUST BUILDING ATTENDANT $50.00 HILLYARD FLOOR CARE / HUTCHINSON LINERS $260.30 HOMA, KATHLEEN J2EFUND TIGER FBALL -1/2 PRICE $15.00 HOME BAKERY INC `2 DOZ ROLLS $9.60 HUTCH COOP CENEX LP GAS $323.61 HUTCH PLBG & HTG CO REPAIR TOILET $65.58 HUTCHINSON LEADER ADV $3,059.95 HUTCHINSON TEL CO SEPT SERV $5,958.96 . HUTCHINSON UTILITIES FLOUR LAMP $5,326.85 HUTCHINSON WHOLESALE CLEANER $88.06 J.J. KELLER OSHA COMPLIANCE MANUAL $83.85 JACK'S UNIFORMS & EQUIPMENT BADGES $183.50 JACOBSON, JILL REFUND TIGER FBALL -1/2 PRICE $15.00 JOHNSON, JEAN REFUND TIGER FOOTBALL 1/2 PRCE $30.00 KIMBALL, KEN REFUND TIGER FBALL CAMP $30.00 KIRCHER, WENDY REFUND FBALL FEE -DAD COACHING $18.00 KOCH MATERIALS CO ASPH CTBK RC -250 $5,112.90 L & P SUPPLY CO TRIMMER $171.70 LARSON, THERESA REFUND TIGER FOOTBALL -1/2 PRCE $15.00 LEAGUE OF MN CITIES - DEDUCTIBLE BILLING $225.26 LENNES, RICHARD AUGUST COMPENSATION $2,407.42 LESS GAUSS EZ CLARIFIER /WRAP 17" LIGHT $77.95 LITTLE DUKES CAR WASHERS $52.00 LOBECK, MATT SOFTBALL TOURNAMENT $19.25 LOFFLER BUSINESS SYSTEMS VHS TAPES $732.72 MCGARVEY COFFEE INC COFFEE $71.26 MCLEOD COUNTY AUDITORS OFFICE MCLEOD COUNTY PLAT BOOK $21.30 MCLEOD TREATMENT PROGRAM REFUND -REC CENTER RENTAL $30.00 MID -MN HOT MIX INC FINES, A WEAR $367.36 MINNCOMM PAGING SEPT SERVICE $246.19 MN COUNTY ATTORNEYS ASSC CODE BOOKS $202.13 24N DEPT OF REVENUE LOCK $16.94 MN ELEVATOR INC. ELEVATOR SERVICE $71.02 MN MUNICIPAL BOARD ADD'L PYMT - JENSEN PROP FIL FEE $42.80 MN MUTUAL LIFE COBRA - MATTSFIELD -SEPT LIFE $566.58 MODERN FARM LACK $36.54 MODERN MAZDA TOW -BUICK $51.12 MR. MOVIES MOVIE RENTAL $3.18 MULLAN, JANNA SUBSTITUTE LIFEGUARD & LESSONS $14.63 MURTHA, BILL REFUND FBALL FEE -DAD COACHING $18.00 NO STATES SUPPLY INC HDWE $211.38 NORTHSTAR CHAPTER 1997/98 MEMBERSHIP $20.00 PERFORMANCE COMPUTER FORMS 8 1/2 X 5 1/2 FORM $133.79 PETERSON BUS SERVICE COACH TO ANNANDALE $315.00 - L I OPEN -HOLD COUNCIL REPORT - ------------- GENERAL FUND -------- ---- - - - --- PLATH, DARLENE CITY DIRECTORY PUBLICATION POLK & CO POPP ELECTRICAL AL INC . PRENTICE HALL !SAFETY SUPPLIES PRO AUTO CLEAN CLEAN SQUAD #10 PRO MAINTENANCE CLEAN COUCH & CHAIR QUADE ELECTRIC MATERIALS, LABOR- LIGHTS REED, MARK REFUND FBALL FEE -DAD COACHING REINER LANDSCAPING PAVERS, PAVER EDGING REINER, MAUREEN SR TOUR REFUND REINKE, BERNICE REFUND TIGER FBALL CAMP RUNNING'S SUPPLY AXE HANDLE RYAN, SCOTT GAMES WORKED SCHAUFLER, MARY BETH REIMB - MILEAGE SCHEWE, CHRISTINA REFUND TIGER FOOTBALL -1/2 PRCE SCHRADER, JEFF GAMES WORKED 'SEVEN WEST WASH & DRY LAUNDRY SHOPKO FUNSAVER, PHOTO PROCESS SIEGEL DISPLAY PRODUCTS MAG DISPLAY SRF CONSULTING GROUP $310.52 ST. CROIX RECREATION CO ,5322.60 STANDARD PRINTING LABELS, WALL FILE STREICHERS < *> SUBWAY 68.75 TAB PRODUCTS TOTELOCKERS TILTON, DAVID $45.20 TRI CO WATER COND $60.00 TRIAX CABLEVISION GAMES WORKED UNITED BLDG CENTERS BERNICKS PEPSI COLA US CAVALRY $107,829.50* US WEST COMMUN CDI OFFICE PRODUCTS LTD VALLEY ILLUMINATORS $132.31 VIKING COCA COLA CITY OF HUTCHINSON VIKING OFFICE PRODUCTS $1,053.13 WAAGE, RICHARD CITY OF HUTCHINSON - GENERAL FUN WAL -MART $7,464.45 WOODWORTH, SHERYL COAST TO COAST WRIGHT, LEE doAC. 09- SEP- 1997page 3 ---------------- ------------------ REFUND TIGER FOOTBALL - - ---' $30.00 CITY DIRECTORY PUBLICATION 621.96 ELEC SUPPLIES 158.85 !SAFETY SUPPLIES 483.16 CLEAN SQUAD #10 $45.00 CLEAN COUCH & CHAIR $37.28 MATERIALS, LABOR- LIGHTS $902.27 REFUND FBALL FEE -DAD COACHING $16.00 PAVERS, PAVER EDGING $255.03 SR TOUR REFUND $12.00 REFUND TIGER FBALL CAMP $30.00 AXE HANDLE $261.47 GAMES WORKED $96.00 REIMB - MILEAGE $52.32 REFUND TIGER FOOTBALL -1/2 PRCE $15.00 GAMES WORKED $768.00 LAUNDRY $15.18 FUNSAVER, PHOTO PROCESS $39.94 MAG DISPLAY $190.43 ROFESS SERV -SW BIKE STUDY $2,268.85 $238.06 PRING SEESAW $1,717.18 LABOR- BATHROOM TOILETS REAMS PAPER $59.42 G & K SERVICES NOTEBOOK COMPUTER MOUNT $426.36 PARTY PLATTER, SALAD, COOKIES $83.54 $12,414.52 CHAIRS $1,384.50 TOWELS GAMES WORKED $350.00 HUTCHINSON TEL CO SALT $138.46 AUG SERVICE $7.86 $1,144.39 PORTLAND CEMENT $130.99 LABOR, MATERIALS, MILEAGE UNIFORMS $137.85 MCGARVEY COFFEE INC SEPT SERVICE $654.70 SPECILA ALUMINUM TUBES, BUSH $122.00 $310.52 POP ,5322.60 HELLO BADGES LABELS, WALL FILE 27.29 < *> REIMB -MEALS 68.75 TOTELOCKERS $131.31 $45.20 CANCEL POOL- REFUND $60.00 AUG DELIVERIES GAMES WORKED $64.00 BERNICKS PEPSI COLA AUGUST POP PURCHASES $107,829.50* CONST. GENERAL OFFICE PRODUCTS CO FURNITURE HOSPITAL BONDS FIRSTAR BANK OF MINNESOTA INTEREST $4,767.60 $4,767.60* $1,650.00 $1,650.00* HUTCH TRANS FAC. ALLIED MECH.SYSTEMS MATERIALS, LABOR -WATER SOFTNER $238.06 ALLIED SERVICES OF HUTCHINSON LABOR- BATHROOM TOILETS $45.00 G & K SERVICES UNIFORMS $229.20 GENERAL OFFICE PRODUCTS CO URNITURE $12,414.52 HILLYARD FLOOR CARE / HUTCHINSON TOWELS $136.16 HUTCHINSON TEL CO SEPT SERV $243.34 HUTCHINSON UTILITIES AUG GAS & ELEC $1,144.39 KLEESPIE LABOR, MATERIALS, MILEAGE $181.10 MCGARVEY COFFEE INC COFFEE $35.63 SCHMELING OIL CO MATERIALS, LABOR -PUMP REPAIRS $310.52 SHOPKO HELLO BADGES $4.24 < *> $14,982.16* LIQUOR STORE AAGARD WEST SEPT SERVICE $45.20 AM.LINEN SUPPLY CO AUG DELIVERIES $143.79 BERNICKS PEPSI COLA AUGUST POP PURCHASES $579.50 CDI OFFICE PRODUCTS LTD AUG PURCHASES $132.31 CITY OF HUTCHINSON SEPT MED $1,053.13 CITY OF HUTCHINSON - GENERAL FUN PAYROLL 8/29 $7,464.45 COAST TO COAST -AUG PURCHASES $14.48 DISTRIBUTION COMPANY OF AMERIC'BUD MUGS $115.69 ED PHILLIPS & SONS CO. AUG LIQUOR PURCHASE $3,860.92 FORTIS BENEFITS SEPT LTD $62.42 GLENCOE ENTERPRISE AUG ADS $168.00 GRIGGS COOPER & CO AUG LIQUOR PURCHASE $9,032.87 HENRYS FOODS INC AUG PURCHASES $3,075.66 r� OPEN -HOLD COUNCIL REPORT -------------------------------------------- LIQUOR STORE HERMEL WHOLESALE $28,096.72 'HUTCH & HTG CO HUTCHINSON LEADER . HUTCHINSON TEL CO $81.73 HUTCHINSON UTILITIES AM.PAYMENT CENTERS JOHNSON BROTHERS LIQUOR CO. $72.00 JORDON BEVERAGE INC. AM.WELDING SUPPLIES KARP RADIO $15.86 LENNEMAN BEVERAGE DIST. INC BIG BEAR LOCHER BROS INC $2.11 MCGARVEY COFFEE INC BROWNS GREENHOUSE MN MUTUAL LIFE $22.35 MN STATE PEDAL TRACTOR PULL BUSINESSWARE SOLUTIONS PAUSTIS & SONS $948.53 PLUNKETS PEST CONTROL C C DAY COMPANY QUALITY WINE & SPIRITS CO. $26.73 SEGAL WHOLESALE CDI OFFICE PRODUCTS LTD ST. CLOUD RESTAURANT SUPPLY $ STANDARD PRINTING CITY OF BROWNTON SUN LEASING $200.00 TRI CO WATER COND CITY OF HUTCHINSON TRIPLE G DISTRIBUTING INC $4,831.54 VIKING COCA COLA COAST TO COAST BATTERIES, HDWE RURAL F. D. CITY OF HUTCHINSON HUTCH FIRE & SAFETY HUTCHINSON WHOLESALE ------------------------------ AUG PURCHASES LABOR -AIR CONDITIONER AUGUST ADS SEPT SERV AUG GAS & ELEC ITULY WINE CREDIT AUG BEER PURCHASE AUG ADS AUG BEER PURCHASE AUG BEER PURCHASE COFFEE SEPT LIFE MN PEDAL PULL PROGRAM AD AUG WINE CONTRACT THRU JULY '9B AUG LIQUOR PURCHASE AUG TOBACCO PURCHASE MISC PURCHASES BROTHER TX -2411, TX =2521 CANOPY RENTAL COOLER RENTAL ]AUG BEER PURCHASE -AUG POP PURCHASES AUG FUEL STEPHENS WET WATER MIRROR 09- SEP- 1997page 4 ------------------ - - - - -- $454.17 $98.00 $563.29 $139.94 $982.16 $2,310.12 $2,467.07 $85.00 $5,371.30 $16,038.86 $33.25 $18.63 $72.00 $681.95 $201.54 $3,234.76 $873.13 $288.09 $185.35 $63.90 $73.00 $28,748.05 $317.20 $89,049.18* $88.58 $222.20 $23.11 $333.89* WATER /SEWER FUND AAGARD WEST AUG PICKUP $28,096.72 ABLE HOSE & RUBBER INC 6" PART F ALUM $81.73 AM.PAYMENT CENTERS SEPT -NOV BOX SERVICE $72.00 AM.WELDING SUPPLIES WELDING SUPPLIES $15.86 BIG BEAR CT LUBE $2.11 BROWNS GREENHOUSE jj22EGANT APPLE TREE $22.35 BUSINESSWARE SOLUTIONS UIPPLITE BC $948.53 C C DAY COMPANY GASKET, SHELL, 3CMC, EP $26.73 CDI OFFICE PRODUCTS LTD MARKERS, PENS $ CITY OF BROWNTON 6" HOSE $200.00 CITY OF HUTCHINSON AUG FUEL $4,831.54 COAST TO COAST BATTERIES, HDWE $198.76 CULLIGAN WATER COND SOFTNER RENTAL $14.00 D.P.C.IND.INC SULFUR DIOXIDE $944.65 EBERT, RICHARD REIMB- SAFETY BOOTS $54.99 FEDERAL EXPRESS CORP SHIP PACKAGE $24.75 FEED RITE CONTROLS HYDROFLOUIS ACID $B16.22 FLOCEPT STORAGE TANK -FINAL PAYMENT $1,113.44 FORTIS BENEFITS SEPT LTD $214.16 G & K SERVICES UNIFORMS $408.40 GOPHER STATE INC JULY CALLS $127.75 HACH COMPANY REAGENT SET $79.88 HARRIS CONTRACTING ,JULY SERVICE MAINT INSPECT $1,190.00 HILLYARD FLOOR CARE /HUTCHINSON'WASTEBASKETS, TROLLY, UTIL IRK $775.11 HUTCH COOP CENEX OIL $46.77 HUTCH FIRE & SAFETY EXTING, INSPECT EXTING $119.18 HUTCHINSON TEL CO SEPT SERV $664.19 HUTCHINSON UTILITIES AUG GAS & ELEC $19,933.43 HUTCHINSON WHOLESALE HOSE, FUEL LINE $7.43 IMPERIAL PORTA THRONES AUG RENTAL $49.53 INGMAN LABORATORIES REPEAT SAMPLE $166.00 JEFF'S ELECTRIC LABOR - PUMPS $56.00 L & P SUPPLY CO FUEL FILTER $64.10 LAKESIDE EQUIPMENT CORP DODGE NON - EXPANSION BEARING $1,403.00 MCGARVEY COFFEE INC COFFEE $38.00 MN DEPT OF HEALTH QTR 2 CONNECTION FEE $10,005.00 MN MUTUAL LIFE SEPT LIFE $74.97 MN VALLEY TESTING LAB WATER TESTS $2,123.50 NATURTECH COMPOSTING NSULTING FEES, MILEAGE $1,465.68 PRO MAINTENANCE BEAN FLOORS, WAX, ETC $424.26 ROWEKAMP ASSOC ARCVIEW FOR WINDOWS 3.0 $1,028.79 RUNNING'S SUPPLY SUPPLIES $118.22 SAFETY FIRST ROCEDURES & TRAINING #11 $632.00 SCHMELING OIL CO RYKON MV $34.51 LJ OPEN -HOLD COUNCIL REPORT 09- SEP- 1997page 5 WATER /SEWER --- -- --- ---- - - ---- __- FUND SCHRAMM IMPLEMENT __-- ____- _____ -__ LABOR -TMR SCALE ___----- $99.45 - - - - -- SEMHLEX SHARE CORP FAN WITH CORD SHARE INSTANT HAND SANITZR $119.40 $99.46 . SHOPKO PAN, BAGS, SPOON $47.63 STANDARD PRINTING .PAPER $3.92 TEK MECHANICAL REDUCER, NIPPLE, COUPLING $21.86 TRI CO WATER COND SALT DELIVERIES $21.30 US FILTER /DAVIS PROCESS BIOXIDE $1,065.00 US FILTER /WATERPRO CONV KIT $5,160.30 USA WASTE SERVICES INC LOADS 8/11 TO 8/15 $4,370.90 WITTE SANITATION TRUCK TIME & LABOR $150.00 WORDPERFECT MAGAZINES WORDPERFECT MAGAZINE $79.95 < *> $89,975.51* $419,469.95• 0 IMMEDIATE PAY COUNCIL REPORT 09- SEP- 1997page 1 _ -_____ 1997 IMPR. ------------- ------- --------------- CONST ALLIED PROPERTIES OF HUTCHINSO PROPERTY --- --- RIGHTS -5TH AVE BRDG ___ - - - -__ $1,468.15 DAKOTA RAIL GOEBEL FIXTURE CO. PROPERTY PROPERTY RIGHTS -5TH RIGHTS -5TH AVE AVE BRDG BRDG $3,016.08 $6,558.11 HUTCHINSON TEL CO PROPERTY RIGHTS -57H AVE BRDG $161.41 MCCLURE, RICHARD & MARGERY PROPERTY RIGHTS -5TH AVE BRDG $100.77 < *> $11,304.52* GENERAL FUND ALL SEASONS DEPT NATURAL RESOURCES G.A.F. SPORTS EMBROIDERY INC JONNY'S RESTAURANT MINNESOTA GFOA LIQUOR STORE MIRAGE CIGAR DISTR. SUMMER'S END MUSIC FESTIVAL PAYROLL FUND AETNA VARIABLE LIFE ASS. CO AMERICAN EXPRESS GREAT WEST LIFE INS. CO. H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA - D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WATER /SEWER FUND D.P.C.IND.INC .DORNER PRODUCTS INC MN SEC.AWWA NCL STOVER, HERMAN UNIVERSITY OF MN SOD, LABOR APPLICATION FEE GOLF SHIRTS PURCHASE $25.00 GIFT CERTIF REG -KEN MERRILL CIGAR PURCHASE VENDOR SPOT AT FESTIVAL EE CONTRIB EE CONTRIB S EE CONTRIB .EE CONTRIB EE CONTRIB EE CONTRIB EE CONTRIB EE CONTRIB EE CONTRIB EE CONTRIB EE CONTRIB CL2, S02 OPSWUPNET UPGRADE REG- R.NAGY BUFFER SOLUTIONS, KIMAX DOUBLE PYMT OF WATER BILL REG- MARION GRAHAM $42.00 $1,232.00 $317.00 $25.00 $190.00 $1,806.00* $145.63 $100.00 $245.63* $850.00 $288.90 $100.00 $164.00 $2,680.38 $52.02 $180.00 $30.00 $15,677.83 $458.46 $150.00 $20,631.59* $75.00 $600.00 $280.00 $294.96 $77.98 $100.00 $1,427.94* $35,415.68* WIRE TRANSFERS PAYROLL FUND MN DEPT OF REVENUE WITHHOLDING TAXES OMITTED FROM THE LAST COUNCIL REPORT PAYROLL FUND MN DEPT OF REVENUE WITHHOLDING TAXES $7,377.58 36,396.30 $7,234.01 36,459.59 0