cp03-11-1997 ca
MARCH
SUNDAY
MONDAY
TUESDAY
1997
-2-
-3-
4-
HUTCHINSON
3:00 p.m. - Planning Staff Meeting
7:00 a.m. - Excellence Plus Steering
CITY
in Staff Conference Room
Committee Meeting
CALENDAR
8:00 p.m. - Fire Department
9:00 a.m. - Directors Meeting &
WEEK OF
Meeting at Fire Station
Workshop in Staff Conference
Room
March to March 8
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
-5-
-6-
-7-
_8_ 1
CONFERENCE/SEMINAR/
5:15 p.m. - Parks/Recreation/
VACATION
Community Education
Advisory Board Meeting in
Main Conference Room
3/3 -7 - Randy DeVries (V)
3/3 -10 -Marilyn J. Swanson (V)
C = Conference
S = Seminar
V = Vacation
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MARCH 11, 1997
CALL TO ORDER - 5:30 P.M.
INVOCATION - Rev. Todd Ertsgaard, Oak Heights Covenant Church
CONSIDERATION OF MINUTES
NO MINUTES AVAILABLE
•k. am wall mam
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
BUILDING OFFICIAL'S REPORT - FEBRUARY 1997
SENIOR ADVISORY BOARD MINUTES OF JANUARY 27. 1997
LIGHT TRAFFIC ADVISORY BOARD MINUTES OF JANUARY 13, 1997
AND FEBRUARY 10, 1997
4. POLICE CIVIL SERVICE COMMISSION MINUTES OF FEBRUARY 27,
1997
5. HUTCHINSON AREA HEALTH CARE BOARD OF DIRECTORS
MINUTES OF JANUARY 24, 1997
6. HUTCHINSON AREA HEALTH CARE EXECUTIVE COMMITTEE
MINUTES OF FEBRUARY 11, 1997
7. PARK, RECREATION AND COMMUNITY EDUCATION ADVISORY
BOARD MINUTES OF FEBRUARY 6, 1997
(b) RESOLUTIONS AND ORDINANCES
ORDINANCE NO. 97 -188 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, GRANTING A FRANCHISE TO J. W.
HANSON CONSTRUCTION COMPANY, INC. AND ADOPTING, BY
REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
(SECOND READING AND ADOPT)
2. RESOLUTION GRANTING APPROVAL TO CHANGE STREET NAME
FROM ULM AVENUE TO OTTER STREET S.W. LOCATED ALONG
THE WESTRIDGE SHORES PLAT (COWGER PROPERTY)
REQUESTED BY FIRE MARSHAL AND MCLEOD COUNTY
EMERGENCY SERVICES
(c) RENEWAL OF ON -SALE INTOXICATING LIQUOR LICENSES:
0 FLYERS/HI TOPS BAR & GRILL
• 0 GOLD COIN
• LAMPLIGHTER LOUNGE II
• MAIN STREET SPORTS BAR & GRILL
0 VICTORIAN INN/BEST WESTERN
Action - Motion to approve consent agenda
CITY COUNCIL AGENDA - MARCH 11, 1997
5.
0
a
10.
11
PUBLIC HEARING -- NONE 0
COMMUNICATIONS. REQUESTS AND PETITIONS -- NONE
UNFINISHED BUSINESS -- NONE
NEW BUSINESS
(a) CONSIDERATION OF SETTING PUBLIC HEARING DATE OF MARCH 25,
1997 FOR APPLICATION OF INTOXICATING LIQUOR LICENSE FROM JON
QUADE
Action - Motion to reject - Motion to approve
(b) CONSIDERATION OF SETTING PUBLIC HEARING DATE OF MARCH 25,
1997, FOR APPLICATION OF NON - INTOXICATING LIQUOR LICENSE
REQUESTED BY RAHN HOSECK AND JOEL STARETT FOR MAIN STREET
SPORTS INC.
Action - Motion to reject - Motion to approve
(c) CONSIDERATION OF "TEMPORARY' ON -SALE INTOXICATING LIQUOR
LICENSE REQUESTED BY MARK ERICKSON, CROW RIVER COUNTRY
CLUB
Action - Motion to reject - Motion to approve
(d) 2 REQUESTED D BY OF
LOUISEO PERMIT FOR CAN MAN
CARLSON (BUFFALO)
Action - Motion to reject - Motion to approve
MISCELLANEOUS
(a) COMMUNICATIONS
CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from appropriate funds
ADJOURNMENT
CITY OF HUTCHINSON
`J
•
•
BUILDING / PLANNING / ZONING DEPARTMENT
111 HASSAN STREET S.E., HUTCHINSON, MN 55350 PHONE. 612234 -4216 FAX: 612.2341240
nth of Februar
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•
IIIRRRIJR61 III III Ali III d III to loll III I III I Bull III
i Senior Advisory Board
Monday, January 27, 1997
Members Present Lorin Pollman, Loretta Pishney, Leslie Smith, Bob Meyer, Harriet Wixcey.
Members Absent John Aul, Teresa Hatten
Staff Present Barb Haugen, Kathy Hemmah, intern
Leslie Smith called the meeting to order at 9:30 a.m. Minutes of the November 14th
meeting were approved. Barb reported there is $45,000 in the Building Fund and $16,000 in
checking. After discussion, Loren made a motion to put $10,000 in the Building Fund if we could
get at least 5 percent interest. If not, the Board will check out Treasury Notes for better interest.
Loretta seconded the motion. Motion passed. Barb will check with Ken Merrill.
Old Business
Barb gave us a review of the purpose of the Senior Advisory Board. Copies of the
ordinance adopted by the City Council were distributed.
Barb checked with the Carr family on disposing of the organ they donated to the Senior
Center. It is not being used. They gave permission to dispose of it as we wish. It was decided to
contact other Senior Centers in Glencoe, Silver Lake or Litchfield to see if they could use it. If
so, they would be responsible for picking it up. If no one is interested, we would try to sell it.
Bob made a motion to investigate this. Loren seconded -- motion passed.
Barb reported on the publicity and marketing of senior programs. This is done through
• the newsletter, flyers, cable -TV, Chamber Talk and the Hutchinson Leader. 1,800 copies of the
newsletter are printed each month and assembled by volunteers at the center. They are mailed to
seniors in the county and delivered to places such as Evergreen, Green Castle, Prince of Peace
and the Cooperative.
New Business
Members can serve two terms of three years John Aul and Teresa Hatten agreed to serve a
second term.
Subway fund raiser was discussed. It raises about $90 a month but its difficult to get
volunteers. Do we wish to continue this? Bob made a motion to table the issue and get more
feedback. Loren seconded -- motion passed.
Weight Watchers would like to rent the center one more day a week - -which would be
Friday Noon. It was decided to try it for three months and review it then to see if it interfered
with other activities. It would be added income for the center.
Barb explained the Elder Mentor Program to the Board; seniors reacting with the schools.
She discussed several projects that are currently in place, such as a Senior Program at the high
school May 11, reading to West Elementary students, etc.
The Board decided to leave the meeting schedule as is for now. We will discuss it at the
next meeting.
•
Page 2 /Senior Advisory Board Minutes
Barb reported on planned activities such as Healthy Heart Program, February 10th;
Valentine's Dance; Secret Pal Program and upcoming tours. She invited board members to drop
in on any activity.
Loretta made a motion to adjourn the meeting, Loren seconded -- motion passed. Meeting
adjourned at 11:15 a.m. Our next meeting will be held on Monday, March 17th at 9:30 a.m.
Respectfully submitted, Harriet Wixcey.
0
LIGHT TRAFFIC ADVISORY BOARD
MINUTES
Monday, January 13, 1997
6:30 p.m.
Members present: Rick Larson, Dave Conrad, Richard Paxton, Leslie Smith, Lucille
Smith, Archie Woodworth
Staff present: John Rodeberg, Dolf Moon, Dave Mueller, Brenda Ewing and Bonnie
Baumetz
Rick Larson opened the meeting as the Chairman of the Light Traffic Task Force by
explaining the dissolution of the Task Force and the Ordinance creating an Advisory Board.
Rick explained the presence of staff as advisory resources. He stated that for consistency
he would like to have Bonnie Baumetz remain as secretary of the group. The consensus
of the board was favorable to that recommendation.
1 101111,TAI •► :'• u • ::
Rick and John explained the identification of 'origin of destination" and the bike
route possibilities in the City of Hutchinson. They commented on the short term
implementation possibilities within the city which includes striping for bike routes
and the mid -term implementation which would bring bike paths to the outer
boundary of the city limits. Long term implementation would include on and off
street trails. A bike /hike trail around the city would be included in the long term
implementation.
John Rodeberg stated the Light Traffic Advisory Board would take the
responsibilities of the Transit Board.
Dolf Moon commented on the history of the Luce Line trail paving process. He
commented on the crossing by the low head dam and the funding possibilities. Dolf
explained the 5th Ave. bridge would include bike lanes and space for an underpass
in the future.
There has been discussion of possibilities for linking the school campus to the
Recreation Center. Dolf commented on the plans to stripe Linden Ave. For
bike /pedestrian traffic from Dale St. to Lynn Road. Also striping Dale St. from
Roberts to Linden. There are also possibilities for striping Century Ave.
0
# -A -(-�)
HUTCHINSON LIGHT TRAFFIC ADVISORY BOARD
MINUTES - January 13, 1997
Dolf commented on the plaque awarded to Hutchinson for the National Youth Safety
Award. Dave Mueller stated the Bike /Blade Bonanza will be held on May 3rd this
year.
Discussion followed in regard to creating a mission statement for the Board. Rick
offered the following:
"To enable implementation of the multi- faceted Hutchinson Plan in a
logical and timely manner through coordination and education."
Rick stated the key words are "coordination and education ". It was decided that the
Board should review and discuss the suggested mission statement at the February
meeting.
r 1
There was discussion on the appointment of individuals to the board by the City
Council and the length of terms. The members present decided to elect a
Chairman, 1st Chairman and 2nd Chairman. The following were nominated and
elected unanimously: Rick Larson, Chairman; Ed Doring, 1st Chairman; Richard
Paxton, 2nd Chairman. 0
:11 lI 1 111141 41 101iff FdF7- • 001AW4 ll:
After discussion, the board consensus was to limit the terms to two consecutive
terms. Each term is a 3 year appointment.
--- - - - - -- -- - - --
Rick explained the role of the staff as resource individuals to the board. The staff
would participate as needed according to the agenda. John and /or Dolf will provide
staffing at the meetings. Bonnie will be the ex- officio member as Secretary.
■► •►'
The plan maps were reviewed at the beginning of the meeting. John suggested the
members read the plan for basic information.
2 0
HUTCHINSON LIGHT TRAFFIC ADVISORY BOARD
MINUTES - January 13, 1997
• VI. - NEXT MEETING =
There was discuss as to whether the board should meet monthly or bi- monthly. It
was decided to meet monthly February through April and possibly bi- monthly in the
summer months. The meetings will be held at 5:30 p.m. on the second Monday of
the month. The next meetings will be Monday, February 10, 1997, and Monday,
March 10, 1997, at the City Center.
Leslie Smith invited all members to the Safety Council meeting on January 27,
1997.
There was discussion on fund raisers for the Bike /Blade Bonanza.
There being no further business the meeting adjourned.
0
• 3
• LIGHT TRAFFIC ADVISORY BOARD
MINUTES
Monday, February 10, 1997
5:30 p.m.
Members present: Rick Larson, Dave Conrad, Richard Paxton, Leslie Smith, Lucille
Smith, Archie Woodworth, Ed Doring, Brian Bonte and Dave Radloff
Staff present: John Rodeberg, Dolf Moon, Dave Mueller, Brenda Ewing and Bonnie
Baumetz
Chairman Rick Larson opened the meeting at 5:30 p.m.
Brenda explained the format she and Hazel would follow for the presentation which
would be divided into three segments.
1) History of the system in Hutchinson
2) Future of the system in Hutchinson
3) Role of the Light Traffic Advisory Board in regard to Transit issues
Hazel Sitz stated Hutchmobile service began in 1976. She explain the operation of
the system which includes hours of service, routes, etc. Hazel has been the
coordinator of the transit system for 18 years and explained the use in Hutchinson
is dial -a -ride or demand responsive as opposed to the metropolitan areas which is
totally shuttle service. It costs the rider $1.00 per ride on the Hutchmobile. The
actual cost to run the system is $5.00 - $6.00 per ride. 80% of the cost is
subsidized by MnDOT. Purchase of vehicles is funded 80% by the State, 20% by
the City and operations, 60% by State, 20% by fares, 20% by City. Hazel
commented on the recent survey taken to determine the number and type of
ridership. She stated 50% are senior citizens and 12% handicapped riders. 90%
of the present riders are transit dependent. There are only a few youth riding the
bus at this time mainly for music lessons, sport practice, etc. Hazel stated county-
wide and regional systems are the goals of the State.
Brenda commented on the immediate future of the transit system noting the present
system will continue as in the past with some low cost modifications. She stated Mr.
Tom Gottfried, State Project Manager, is reviewing the time line of changes in
transit and suggests to continue as is for the coming year possibly dropping the
shuttle and in 1998 re- evaluate the system in Hutchinson.
• John commented on the possibility of public/private partnership.
'11 A• C'�)
HUTCHINSON LIGHT TRAFFIC ADVISORY BOARD
MINUTES . February 10, 1997 is
Brenda explained the role of the Light Traffic Advisory Board as being an advisory
board to the city council on items of transit relating to marketing, fare changes and
public/private partnerships.
Discussion followed on future possibilities for the Hutchinson Transit System.
:u a 1 51321 ; ► •
After much discussion, the advisory board decided to consider the following
statement and next month make the final adjustments.
"To promote, develop and implement a safe, efficient and convenient Light
Traffic and Transit System for the benefit of the people of the Hutchinson
area."
• Recreation • Education
• Commuting • Coordination
III. BIKE /BLADE BONANZA UPDATE
Dave Mueller stated the Bike /Blade Bonanza is scheduled for May 3, 1997, and
education at the schools is going well. He commented on the need for funding since
there is no money for helmets. Dave stated he would contact the Hospital and
Medical Center. Discussion followed on considering promotions by the travel
agents in Hutchinson to draw people to the event. There was also discussion on
the possibility of charging a nominal fee for the helmets.
Rick asked the committee for help in contacting industry and business for funding.
Dave Radloff volunteered to contact HTI, Richard Paxton will contact 3M and Dave
Conrad will talk to the Student Council. There will be letters to the other
organizations in Hutchinson asking for a contribution.
2 is
HUTCHINSON LIGHT TRAFFIC ADVISORY BOARD
MINUTES - February 10, 1997
N. DISCUSS THE TOP THREE ISSUES OF THE HUTCHINSON PLAN AND
BRAINSTORM IN MARCH
Rick asked each board member to review the Hutchinson Plan this month and bring
one issue they feel is top priority to the March meeting. The three top issues will
be discussed and brainstorm further at the March 10th meeting.
Bosom ■ : u
Doff reported the Luce Line bids will be opened on March 5th.
John commented on the striping scheduled for Jefferson St. and Linden St. He also
commented on the most safe paths to use at the Middle School.
►. u
The next meeting will be held on Monday, March 10, 1997, at 5:30 p.m. in the Main
Conference Room at the City Center. Items on the agenda will include: 1) Results
and follow -up of the funding requests for the Bike /Blade Bonanza; 2) Revisit the
Mission/Purpose Statement for the Board; 3) Choose a publicity person for the
Board; 4) Decide and brainstorm on the top 3 priority issues of the Hutchinson Plan.
There being no further business the meeting adjourned.
0 3
HUTCHINSON POLICE COMMISSION MINUTES
• The Hutchinson Police Commission held a meeting on February 27, 1997, at the
Hutchinson Police Department. Present at the meeting were John Decker, Rick Nass,
Chief Steve Madson, Lt. John Gregor and Lt. Ron Kirchoff. The meeting was called to
order at 7:35 a.m.
John Decker stated that the main reason for this meeting was to comply with the State
Statute which requires an annual meeting in February to elect the officials. A motion was
made by Rick Nass, seconded by John Decker, to maintain John Decker as Chair and
Cheryl Dooley as Secretary. Motion carried.
Investigative Lt. Ron Kirchoff stated that some time ago the Commission had granted
Investigator Waage's claim that he should have the classification of Sergeant. Lt. Kirchoff
requested that the Commission classify all Investigative positions as Sergeant. He stated
that anyone obtaining this position would have to go through a testing process much like
a Patrol Sergeant and would be in the same pay grade. He stated that at this point in time
there is only one individual who is in the pay grade without the classification of Sergeant.
Lt. Kirchoff stated that this individual has been tested and interviewed for the position.
After some discuss a motion was made by John Decker, seconded by Rick Nass, to
classify the position of Investigator as a Sergeant and to stipulate that an Investigative
Sergeant cannot laterally move to a Patrol Sergeant position. Motion carried.
i Operations Lt. John Gregor then requested permission from the Commission to establish
new eligibility lists for both patrol and communications. After some discussion a motion
was made by John Decker, seconded by Rick Nass, to abolish the patrol officer eligibility
list and to move forward with the testing process. After further discussion a motion was
made by Rick Nass, seconded by John Decker, to abolish the communication specialist
list and to move forward with the testing process. Both motions carried.
Chief Madson then asked the Commission if they would like to be involved in the process
of hiring temporary part-time summer employees who would be responsible for working
the trails and parks. Rick Nass stated that he would be interested in seeing who the
applicants would be and how the process would work.
With there being no further business to discuss, a motion was made by Rick Nass,
seconded by John Decker, to adjourn. Motion carried.
Time of adjournment was 8:10 a.m.
eryl Dooley
•
4-h #-)
HUTCHINSON AREA HEALTH CARE
ANNUAL BOARD OF DIRECTORS' MEETING - January 1 -4,1997
Conference Room A/B - 9:00 AM
Present: Tom Daggett, Chairperson; Paulette Slanga, Vice Chairperson; Don Erickson,
Secretary; Rich Myers, Director; Elaine Black, Director; Dr. Mark Matthias, Director /Chief of
Medical Staff.
Absent: Jim Mills (excused)
Others present: Philip G. Graves, President; Mary Ellen Wells, Allina Regional Health; Pat
Halverson, Community Care Division Director; Jane Lien, Acute Care Division Director; Robyn
Erickson, Care and Support Services Division Director; Ed Tusa, Finance, Information and
Quality/Senior Care Divisions Director; Jim Lyons, Hutchinson Medical Center Administrator
and Corrinne Schlueter. Recorder.
Before the beginning of the meeting, Paulette Slanga gave a presentation on the computer
problems that will be encountered as we begin the next millennium. Paulette recently attended a
three day course to learn what will happen with many of our computer systems before the year
2000. Healthcare is ranked in the top ten industries that will be affected. She cautioned
Hutchinson Area Health Care about making sure the new systems that we are about to purchase
are compatible, so data is not lost and systems failure will not occur.
The meeting was called to order at 9:02 AM by Chairperson, Tom Daggett.
Minutes of Past Meetinas: The minutes of the December 17, 1996, regular meeting were
presented to the group.
Following discussion, a motion was made by Myers, seconded by Erickson to approve the
minutes of the December 17, 1996, meeting as presented. All were in favor. Motion carried.
Medical Staff Meetin¢ Minutes and Credentialing: Congratulations were given to Dr. Mark
Matthias on his two -year appointment as President/Chief of Staff. Dr. Matthias also announced
the results of the recent election for the executive committee members.
They are: Dr. Thomas Ibach, Dr. Charles Rich, and Dr. Bryan Bonte.
Credentialing recommendations were made for the following practitioners
• Dr. David Pollak
Courtesy Staff
(Psychiatry)
• Dr. John Coppes
Active Staff
Provisional (OB /GYN)
• Dr. Hoo Yin Wong
Active Staff
Provisional (Urology)
• Dr. Timothy Remple
Active Staff
Provisional (Family Practice)
• Dr. Thomas Lyke
Provisional
To Allied (Independent)
Dentist
Following discussion, a motion was made by Myers and seconded by Slanga to grant
membership and privileges to the above practitioners. All were in favor. Motion carried.
Old Business:
A. Adoption of the 1997 - 1999 Strategic Plan: Last month the Strategic Plan was
presented to the Governing Board in draft form. Ajoint meeting was held this
A (s) ( v
Annual Board of Directors' Meeting - 1/24/97
Page Two
morning with the Executive Committee of the Medical Staff and Executive Council of
the Hutchinson Medical Center and Dr. George Gordon, Emergency Services Director.
Senior Leadership from HAHC, as well as the HMC Administrator were also present.
The leadership team from HAHC presented the plan. Additional input was requested
from all members. There appeared to be general agreement on the goal areas as well as
the objectives and action plans. The HMC physicians will respond in writing to the
board at the February meeting regarding the Medical Centers commitment to collaborate
on those objectives that affect the Medical Center directly.
Following discussion. A motion was made by Myers, seconded by Erickson to adopt
the Strategic Plan as presented. All were in favor. Motion carried.
B. Computer Selection Decision. Ed Tusa and John Wedin gave a presentation on a
recent visit that was made in January with to the Corporate Headquarters of Meditech in
Boston, MA.
The Site Visit Team was very pleased with Meditech's response to questions and their
willingness to negotiate a contract that meets the needs and requirements of Hutchinson
Area Health Care. There was considerable dialogue regarding the differences in the two
systems that HAHC was considering. Those differences between SMS and Meditech
were highlighted by Wedin.
The various steps from purchasing to installation of the system were explained.
Following discussion, a motion was made by Myers and seconded by Black to
authorize the President to negotiate terms and conditions of the contract with
Meditech. All were in favor. Motion carried.
C. Video Endoscooic System Purchase. The board of directors received and
discussed the results of recent bids for purchase of a video endoscopic system
for use in the hospital's surgery service area. The replacement system will be an
upgrade from an outdated flexible unit with eyepiece to video, providing better
utilization and making it easier for the surgeon to use.
Two bids were received, one from Olympus and one from Pentax. Following
careful review of the bids, it was noted that the low bidder ( Pentax) did not meet the
general conditions or the equipment specifications stated, and the staff recommended
rejection of the low bid.
Following discussion, motion was made by Erickson, seconded by Slanga, to
recommend that the City Council reject the low bid for purchase of a video endoscopic
system from Pentax for failure to meet specifications and award the bid from Olympus
Surgical at a bid price of $68,668. All were in favor. Motion carried.
D. Ultrasound Imaging System. The Board reviewed the results of a recent bidding
process for purchase of an ultrasound imaging system. It was noted that the
0
Annual Board of Directors Meeting - 1/24/97
Page Three
numbers of ultrasound exams have increased from the manufacturer recommended 8 - 10
per eight hour shift to 10 - 15 exams per shift. Staff have been accommodating
increased requests from physicians to "work patients in the schedule" by giving up their
work breaks and lunch breaks. To meet additional daily STAT requests, staff are
currently rescheduling non - emergency exams to another day, causing increased customer
concerns.
The equipment was budgeted for $130,000 in 1997. Three bids were received, with only
two of those bids meeting specifications - Acuson's Aspen at a bid price of $184,500 and
Advanced Technology Laboratories' HDI 3000 at a bid price of $149,445. Staff
recommended the HDI 3000, which has an estimated payback of 0.58
Following discussion, motion was made by Myers, seconded by Black, to recommend to
the City Council the award of the bid to Advanced Technology Laboratories, Inc., in the
amount of $149,445. All were in favor. Motion carried.
E. 1997 Governing Board Goals. Robyn Erickson, Care and Programs Support
Services Division Director, presented a listing of the 1997 Goals of the Governing
Board as a result of the evaluation process conducted in December.
Following discussion, a motion was made by Myers, seconded by Slanga to approve, as
presented, the 1997 Governing Board goals. All were in favor. Motion carried.
New Business.
A.. Mental Health Roof Replacement. The Board reviewed a capital expenditure
request for a new roof over the entire Mental Health Unit. The current roof is 25 years
old, under insulated, and has been a source of leaks in the last six months. The amount
budgeted for this is $53,200.
Following discussion, a motion was made by Myers, seconded by Erickson, to
authorize staff to enter the bidding process for the expenditure. All were in favor.
Motion carried.
B. Mechanical Door Assists at Burns Manor Nursing Home. The Board reviewed a
capital expenditure request to install four electric operators, sensors and switches to the
East and West entrance at BMNH. Both entrances will need to be enlarged to
accommodate.
Following discussion, a motion was made by Black, seconded by Erickson, to
authorize the expenditure and request from the Hutchinson Area Foundation for Health
Care, Inc. $17,000 to fund this project. If funding from the Foundation is not provided,
proceed with the project. All were in favor. Motion carried.
C. Fourth Quarter 1996 Strategic Plan Report.
Graves and the Division Directors presented the 1996 fourth quarter status report on
organization goals. No unusual comments were made.
(3)
Annual Board of Directors' Meeting - 1/24/97
Page Four
Following discussion, motion was made by Slanga. seconded by Myers, to accept the O
fourth quarter 1996 Strategic Plan Report as presented. All were in favor. Motion
carried.
D. McLeod County Contracts. Pat Halverson presented the contracts with McLeod
Countv Social Services that have been finalized for the operating year of 1997.
The contracts are for the provision of behavioral health services that we provide to
McLeod County clients.
Following discussion, motion was made by Myers, seconded by Slanga, to approve the
contracts with McLeod County as presented. All were in favor. Motion carried.
E. Funded Depreciation A request was made for a board approval to re- invest a
$250,000 investment in a similar fixed -type fund, not to exceed a term of five years.
This investment will remain designated as "funded depreciation" for Medicare purposes.
Following discussion, a motion was made by Myers, seconded by Erickson, to authorize
reinvestment of $250,000 in funded depreciation for a term of not to exceed five years.
All were in favor. Motion carried.
Joint Phvsician Recruitment Policy. Jim Lyons from the Hutchinson Medical Center
presented a proposal regarding the sharing of recruitment expenses for new physicians
at the Hutchinson Medical Center. Lyons explained the methodology that was used in
establishing a formula. There was an agreement that the structure, as presented, was
reasonable.
Following discussion, a motion was made by Myers, seconded by Black to
request the President prepare a policy for consideration at the February meeting. Six
were in favor. Dr. Matthias abstained, because of conflict of interest. Motion was
carried.
G. Connect Care Board Appointments. The Connect Care Board of Directors has
recently expanded its membership. The by -laws of Connect Care require
appointments to be made by Hutchinson Area Health Care and Glencoe Area Health
Center respectively.
Following discussion, a motion was made by Myers, seconded by Black to
appoint Pat Halverson as a member to the Connect Care Board of Directors.
All were in favor. Motion carried.
G. Organizational Reports.
A. President. Graves presented a recap of the recent Blue Cross and Allina resolution
of contract terms. Also Graves presented an update of the recent Washington trip to
meet with our congressional delegation regarding the geographic reclassification status
of Hutchinson Area Health Care. The meeting was felt to be very positive. The bill, as
written, will be an amendment to the budget bill presently introduced into congress. It is
anticipated that nothing will happen until probably early summer.
B. Acute Care: Nothing to report.
Annual Board of Directors' Meeting - 1/24/97
Page Five
•
0
C. Care and Program Support Erickson commented that the Hospital Auxiliary has
asked our HAHC employees to work in the thrift shop. They will continue to run it
during the week, but have asked for help in marking, and sorting as well as staffing on
Saturday. Erickson also commented that the elevator at Bums Manor Nursing Home is
scheduled to be down from 3/10 - 3/23.
D. Communitv Care. Nothing to report.
E. Senior Care/171O. Tusa commented on the recent positive results from the
Joint Commission on accreditation of healthcare survey at BMNH.
Allina Report: Mary Ellen Wells provided an update of some of the activities at Allina.
Statistics Report. The statistical report was presented. Hospital admissions for the month of
December 1996 were 195 compared to a budget of 206. Average daily census for December was
22.4 and average length of stay was 3.7 days. Percentage of occupancy was 37.3. Nursing
Home statistics showed occupancy of 95.71% and the average case mix of 2.47.
Finance. The organization's revenue over expense for the month of December 1996, was
$91,814 compared to a budget of $96,451.
Accounts Pavable. The Accounts Payable listing for December was presented and discussed.
Following discussion, a motion was made by Black and seconded by Slanga to approve the
attached listing of accounts payable and cash disbursements in the amount of $1,462,632.60.
Auxiliary Meeting Minutes. The auxiliary meeting minutes were presented. No unusual
comments were made.
Adioumment Myers made a motion adjourn the meeting , seconded by Slanga. There being no
further business, the meeting was adjourned at 12:35 PM.
�Respectfully submitted,
Corrinne Schlueter Don Erickson
Recorder Secretary
ADM :UH: \Corrinnc \BD\97bdfcb. docc
HUTCHINSON AREA HEALTH CARE
EXECUTIVE COMMITTEE
Tuesday. February 11. 1997
Conference Room E
• 7:00 -8:30 A.M.
Members Present: Dr. James Allen, Dr. Brian Bonte, Dr. Thomas Ibach, Dr. Mark Matthias.
Also Present: Philip Graves, Elaine Schermann, Julie Thompson, Corrine Amundsen, Jenny Tillmann
(recorder).
Members Absent: Dr. Charles Rich.
Review & Approval of Last Meeting's Minutes
A. The January minutes of the Executive Committee were approved as presented.
II. Orientation
A. Welcome
• Phil Graves welcomed the new physician members to the committee.
B. Orientation of Executive Committee and Medical Staff Committee Stricture
• The medical staff committee organization and structure was reviewed.
• Committee members also reviewed a description of the structure and responsibilities of the
Executive Committee.
• Elaine Schenmann presented information on consensus decision making. This method is.
The one used for all committees of the Medical Staff.
C. Credentialinq Orientation
• Julie Thompson provided an orientation on reviewing credential files. Executive Committee
members are responsible for ensuring medical staff members are competent to perform the
privileges they are requesting.
D. Quality Orientation
• Elaine Schenmann described the physician's role in the quality improvement process. The
Executive Committee should review uality data as it fitters up from the other medical staff
committees.
E. Peer Review
• Corrine Amundsen highlighted the functions of peer review for the committee. The main
task of the Executive Committee related to peer review is to review data when needed, and
ensure that peer review is being completed.
III. Credentialing
A. Appointments
• Dr. Bjorn Flygenring has applied for courtesy privileges in the service of cardiology.
Committee members reviewed his credential file. All necessary information is included.
Actions Recommend to the HAHC Board of Directors the approval of medical staff membership
and privileges of Dr. Bjorn Flygenring as a provisional member of the courtesy medical staff.
B. Reappointments
• The following practitioners reappointment applications were reviewed:
• Dr. Arive - Family Practice - Courtesy
• Dr. Bromer - Neurology - Courtesy
• Dr. Bentzin - Emergency - Active
• Dr. Lebow - Neurology - Courtesy
• Dr. Nakamura - Emergency - Active
• Dr. Pope - Emergency - Courtesy
G.
HAHC EXECUTIVE COMMITTEE MEETING MINUTES - 2/11/97 (CONTINUED)
Actions Recommend to the HAHC Board of Directors the approval of staff membership and
privileges for the above practitioners.
C. The following Practitioners do not wish to be reappointed:
• Dr. Kerski - Psychiatry
• Dr. Tungseth . Radiology
Actions Dr. Ibach will speak with Dr. Tungseth to be sure he does not want to maintain privileges.
This information will be referred to the HAHC Board of Directors for information purposes.
D. Medical Staff Dues/Application Fee
• The purpose of a fee would be to assess practitioners a reasonable amount of money for the
administrative time to process staff applications. Some practitioners continue to reapply for
membership and privilege and have not utilized the facilities since the previous reappointment
• Mercy Hospital requires $100 medical staff dues and a $50 application fee.
• The question was raised if HAHC should also be requiring an application fee.
Actions Graves will check with area hospitals to determine what, if any, fees are required forthe
credentialliag or recredentialling of practitioners. Julie Thompson will determine the amount of
hours/dollars it takes to credential and reappoint physicians. This item will be placed on a future
agenda for additional consideration.
IV. Committee Reports
A. Special Care
• The Special Care Committee is requesting a name changed to Critical Care Committee to
reflect what the unit is called.
• The committee is working on revising transfer orders to and from the med/surg floor.
• The DKA protocol is in the process of being revised. •
• The DNR/DNI policy used at BMNH is being modified for use throughout the organization.
• Dan Perrin has developed educational information to give to patients having stress EKGs
done.
Action Consensus was reached to change the name of the Special Care Committee to Critical
Care Committee.
B. Pharmacy and Therapeutics
• Cerebyx should be administered in phenytoin equivalents.
• Warnings relating to short-acting Nifedipine usage have been issued. Short- acting N'dedipine
should not be used for hypertensive emergencies and pseudoemergencies. It should be used
only for vasospastic angina.
• Adalat will be an automatic substitution for Procardia )(L.
• The committee is working on a way to improve reporting of suspected adverse drug reactions.
One suggestion was to train nursing staff to identify suspected drug reactions and have them
initiate the form.
Action Receive the report as information.
C. Mental Health
• Mental Health is working on a plan with the Hutchinson Medical Center for the detox program.
Action: Receive the report as information.
LTA
I
HAHC EXECUTIVE COMMITTEE MEETING MINUTES - 2/11/97 (CONTINUED)
A. Delinauent Charts
• A graph of delinquent charts was reviewed. The numbers are within acceptable limits.
• Numbers of delinquent charts decreased in September, which was attributed to a storage
systems change in medical records (deletion of the Doctors boxes).
Action: Receive the report as information.
VI. Financial and Statistical Reports
A. Financial Report
The organization's statement of revenues and expenses was reviewed through December of
1996.
B. Statistical Report
• Statistics for January 1997 were reviewed.
• The case mix at the nursing home is at 2.47.
VII. New Business/Other
A. Election of Secretary- Treasure r
• Dr. Allen expressed interest in serving as Secretary- Treasurer.
Actions: There was consensus to elect Dr. Allen as Secretary- Treasurer of the Medical Staff.
B. Agenda for Orientation for New Service Chiefs
• An orientation is being planned for the new service chiefs. Agenda items include:
• Peer Review
• Credentialing
C. Advance Directives Workgroup
• There is a workgroup in place for the organization's use of advance directives. If physicians
have any concerns regarding advance directives they should contact Anne Nelson or Linda
Fairchild.
D. Dr. Ortlio's Incomplete Charts
• Dr. Orflip has three incomplete medical records. Conine Amundsen explained the records are
complete with the exception of signature.
Actions Consensus was reached to file the patient records of Dr. Steven Ortlip and note on each
they are complete with the exception of signature.
E. Edyation
• Dr. Matthias stated he would like continuing medical education events offered twice a month.
Each committee could contribute two or three topics per year
Actions Consensus was reached to require each committee to be responsible to sponsor
continuing medical education events on a rotational basis. These events are to be scheduled on a
bi- weekly basis and CME credits will be offered. Tracy Marquardt will be notified about working with
the committee chairs and facilitators regarding the presentations.
VII. Follow -up & Results of Actions/Recommendations
• See attached action log.
VIII. Communication to General Medical Staff - newsletter
• New medical staff appointments
• • Reappointments
• Appointment of Dr. Allen as Secretary- Treasurer
Service Chief Orientation
• Continuing Medical Education
IX. Adjournment
HAHC EXECUTIVE COMMITTEE MEETING MINUTES - 2/11/97 (CONTINUED)
Submitted By,
James Allen, M.D.
Secretary- Treasurer
jt
A
IN
ORDINANCE NO. 97 -i88__, 2 SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING
A FRANCHISE TO J.W. HANSON CONSTRUCTION COMPANY, INC. AND ADOPTING,
BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
Y:1 IIYM 1 �Y :Ih 1 1' 1• I
Section 1. J.W. Hanson Construction Company, Inc. is the owner in fee simple of certain real
estate located within the City of Hutchinson legally described as follows:
Lot 13, Lot G Subdivision of the Auditor's Plat of the South One Half of Section 6,
Township 116, Range 29, County of McLeod , Minnesota,
Section 2. The owner of the above described property desires to secure from the City of
Hutchinson an easement for access purposes and the City of Hutchinson is willing to grant said
easement.
Section 3. Notice of hearing was duly given and publication of said hearing was duly made
and was made to appear to the satisfaction of the City Council that it would be in the best interest of
the City to grant a franchise for said easement covering the following described real estate:
The southeasterly 30 feet of Lot 17, as measured perpendicular to the southeast line
of said Lot 17, Park Subdivision, City of Hutchinson, McLeod County, Minnesota.
Section 4. Pursuant to said franchise, the City of Hutchinson has entered into an Easement
dated February 25, 1997, which Easement amends that certain Easement originally granted by the
City of Hutchinson on May 8, 1984 which easement was duly recorded in the office of the McLeod
County Recorder on January 6, 1986 in Book 103 of Miscellaneous Records at pages 469 through
470. Copies of the Amended Easement and original Easement are attached hereto and marked as
Exhibit "A" and "B" respectively.
Section 5. This franchise is subject to the requirements of the Hutchinson City Charter and
the franchise and associated easement shall expire twenty (20) years from the date of publication
hereof. Franchisee shall not acquire, at any time, rights as against the City by way of prescriptive
easement, adverse possession or in any other manner. .
Section 6. 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 7. This ordinance shall take effect upon its adoption and publication.
4�, <-2)
Adopted by the City Council this _ day of 1 1997.
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz
City Administrator
Published in the Hutchinson Leader:
First reading: February 25- 1997
Second reading:
0
MINUTES
Parks, Recreation & Community Education Advisory Board
February 6, 1997
Members present were Linda Martin, Loretta Pishney, Dave Heidebrink, Peggy Wesdund, Mike Schall,
J.P. Auer and Mark Erickson. Also present were Dolf Moon, John McRaith, John Arlt, Chuck Wedin,
Mary Haugen, Sharon Opatz, Mark Schnobrich, Barb Haugen and Karen McKay.
The meeting was called to order at 5:17 p.m.
The Minutes dated January 2, 1997 were approved by a motion made by Mike Schall and seconded by
Peggy Wesdund. The Board unanimously agreed 7 -0.
..... .. �: M1� au�l.!►L�M � Ms►� 'a'
Civic Arena - Mary Haugen reviewed the 1996 renovation projects at the Civic Arena including the
Aluma Zorb ceiling curtain, the dehumidification system, and the new improved lighting. The cost of
the projects was $100,000, funding of $50,000 was derived from a "Mighty Ducks" Grant. With the
addition of the dehumidification system, a four week summer ice season was also added. The Haigh
School locker room was upgraded with donations from the Blue Line Club.
Rec Center - The officetreception area was renovated to serve the public better. The Rec Center roof
will be replaced in 1997. In the swimming program, there were over 1,400 participants. In 1996 there
were two head lifeguards, weekly meetings were held with staff and the aquatics supervisor.
Community Educatio n - Sharon Opatz reviewed the highlights for Community Education include
moving the office to the Rec Center in June. By doing this, the registration process can be done by
computer rather than manually as in the past. The number of classes offered versus the number held
were at 75% up from'95. The revenues also increased due to the number of sports camps held. Goals
for '97 include having school facilities on line to allow each of the facilities access to up to minute
rentals, and also increase the number of classes held by 5 %.
Recreation Programnitpg - John McRaith and Chuck Wedin outlined their'96 programs, the city will
hire a park liaison to monitor activities at Roberts Park in the evenings during non - umpired softball
leagues. The Bike Bonanza will be repeated in'97, there were 700 participants in 95 and 600 in 96.
The city was recognized with a national award for safety for hosting the Bike Bonanza. A summer
skating lesson session was held with 240 participants registered. In the past, $.29 on the $1 was paid by
participants. With programs expected to be more self - supporting, $.35 of each $1 will be the trend.
The city is working with the Junior Baseball League and Baseball Association to have a same day
registration and promote youth baseball in Hutchinson. A flier is expected to go to the students through
the schools in addition to a direct mailing of last year's participants in the Junior Baseball League.
Chuck is hoping to work with Paul Linder and the track coaches to host a district track meet in
Hutchinson.
LI 4 <I )
MINUMS
Parks, Recreation & Community Education Advisory Board
February 6, 1997
Page three
Parks - John Arlt, Park and Recreation Specialist reviewed the 96 parks projects including moving their
offices to the former Street Garage located next to the Armory in Highway 22 south. Some of the
benefits from the move include having the equipment and staff under one roof and it allows for the
storage of the Christmas decorations and chemicals in the old park shed. The comprehensive five year
re- roofing project on park shelters was completed due to the availability of materials for a good price.
Safety fencing around ball fields will be installed in several parks in 97, this process began in'96. Since
an inventory system began, supplies have been purchased in bulk at a savings. In the parks there are
over 200 picnic tables each of them labeled with an identification number. The Police Department
began locking up the park shelters in the evenings, it helped curb vandalism in the parks. This summer,
Shelter "D" in Masonic/West River Park will be transformed into a maintenance shop for mowers and
staff that will monitor the campground. A community service officer will also be biking along the Luce
Line Trail through the campground. The Park Adoption Program will continue in '97.
youth Services - John Arlt coordinates events for middle levels students including dances, "Jam The
Gym" open gym sessions, and a middle level recreational basketball league. They produce a "Teenline"
newsletter and provide youth helpers to elderly residents in the community.
Forestry - Mark Schnobrich moved is office out of the Rec Center to the new park maintenance facility.
He will begin his fourth year with the energy tree planting program. They are able to plant 300 -600
trees, this year a community windbreak will be planted along the development next to Otter Lake and
West Shore Drive. In'96, 150 trees were removed due to Dutch elm disease in'78 there were 800.
The city has received a grant of S10,000 to plant trees along Highway 22 south past the Armory to the
H.A.T.S. Facility and along Highway 15 south between Ridgewater College and Wal -Mart. The Waste
Water Treatment Plant is supervising the Tree Disposal Site, they have been doing tub grinding rather
that burning. Log sales from trees removed in'97 generated $550. The forestry staff designed and
planted landscape materials around the new parking lot developed after the old City Hall was removed.
Mark will continue to investigate the renovation of Millers Woods to an Oak Savannah.
Senior Center - Barb Haugen told the Board that the Senior Center is a focal point for services and
enrichment for the community's population over 50-100 years of age. The Senior Center publishes a
monthly newsletter and mails it out to 1,300 residents. In 1996 there were 36 tours, a volunteer
recognition program, they are continually looking for opportunities for volunteers to serve. The Elder
Mentor Program continues, providing elderly in the schools for reading to students. The Adaptive
Recreation has grown in the past year. The Willmar facility closed and many of those residents are
moving back to their home towns.
Adiournment - The meeting was adjourned at 6:35 p.m. by a motion made by Mark Erickson and
seconded by Peggy Westlund. The Board agreed 7-0.
RESOLUTION NO. 10814
0
RESOLUTION GRANTING APPROVAL TO CHANGE STREET NAME FROM ULM
AVENUE TO OTTER STREET S.W. LOCATED ALONG THE
WESTRIDGE SHORES PLAT
WHEREAS, the City of Hutchinson is requesting a change of street name for Ulm Avenue
located along the Westridge Shores Plat from South Grade Road north to the city limits boundary,
and;
WHEREAS, the street is recorded as Ulm Avenue;
BE IT FURTHER RESOLVED, the street name shall be changed as follows:
From - Ulm Avenue To - Otter Street S.W.
Adopted by the City Council this 11th day of March, 1997.
0
0
ATTEST:
Gary D. Plotz
City Administrator
Marlin D. Torgerson
Mayor
CITY OF HUTCHINSON
BUILDING / PLANNING / ZONING DEPARTMENT
111 HASSAN STREET S.E., HU MMNSON, MN 55350 PHONE: 612.234 -4203 FAX: 612. 234 -4240
1\/ r fu e
To: Hutchinson Planning Commission
From: Bonnie Baumetz, City Planning
Subject: FOR YOUR INFORMATION - STREET NAME CHANGE PROPOSAL
Date: February 12, 1997
Fire Marshal Jim Popp has requested that Ulm Ave. be renamed Otter Street S.W. along the
Westridge Shores plat from South Grade Rd. north to the city limits boundary. The Fire Department
has a concern with the numbering on Ulm Ave. which could confuse emergency personnel sending
their vehicles to Ulm Ave. near Stewart, MN. The request is appropriate since only one home
would be affected along the street at this time. The street would remain as Ulm Ave. north of the city
limits as the numbering is rural on that portion of the street.
The remainder of the street will be named Otter Street and the property is annexed and developed.
Planning Staff discussed this matter on February 3rd and will also discuss this at their meeting on
March 3rd prior to sending the resolution on to the City Council for consideration on March 10th.
AUK � �
y Q Z) 5
DCr
Q ° x9
0
MEMORANDUM
March 7, 1997
To: Mayor and Council
From: Bonnie Baumetz
Subject: RENEWAL OF ON -SALE INTOXICATING LIQUOR LICENSES
C
I have received payment and Certificate of Insurance from all five of the license holders.
Ll C
Minnesota Department of Public Safety
LIQUOR CONTROL DM
op
444 Cedar St., Suite 100 G 51- Peal, MN N SS 551 I0I -2156
Far (612)297 -5259
(612)296 -6430 TTY (612)28216555
CERTIFICATION OF AN ON SALE AND /OR SUNDAY LIQUOR LICENSE
No Heenae win be approved or releand until the S20 Retaier ID Card h Y r wive by 11IIV 1�g aor; C omtrd _
Workers Compensation Insurance Company Policy f
LICENSEE'S SALES & USE TAX m 9 d To for sake tax number. ca11296-3181 or 1- 8001657 -3777
ISSUING AUTHOR_CM
CITY OF U t n S n COUNTY OF fNA L o
Liocesw N, A= (Corporation, Partnership DOB Trade Name or DBA
-J. L Jc�tli-
Business Address I J l Y Y 1t � V 2
city �
I
IVA
z Code
3�;-U
Licyase Type (Chock one or both) Liccoae Period qty
On Sale ❑ Sunday From q1197 To I
On Sale License Number On Sale Fee Sundry License Number Sunday Fee Business Phone
Sze- _ 5�7 -c Jo
It a partnership, slate the name and address of each it ner• If a corpo auto the manse and address of each offker.
Part ier/OH➢cer Name (First, middle and last) DOB Title Address
/Offixr Name (First, middle and last)
DOB
Title
Address
Pariner/01Frcer Name (First, middle and last)
DOB
Tale
Addran
The Lim= :opt: ha%'.; one of true folkvtiug
(ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.)
)SA. Liquor Liquor Liability Insurance (Dram Shop) - S50,000 per person; S 100,000 more than one pawn; S10,000 Property Destruction;
550,000 and S 100,000 for loss of means of support.
; B. A bond of a surety company with min ®em coverage as specified above is A.
Or
17C. A certificate from the Slate Treasurer 1119 the licensee has deposited with the State, Trust Funds having a market value of
S 100,000 in cash or securities.
❑ Yes :E(No During the past Howse year has a summons been issoed under the Liquor Civil Liability law (Dram Shop)?
If M attach a copy of the wmmoos.
Clock those items that U9
Transactiem TypeANew l7 Revokc/Cancel
Circle
Saspend/RevokeXanoellod
0 Transfer D Suspension
From To
Transfer of ownership from (Name and Address)
I certdy that this license was approved in an official meeting by the gig body of the city or county.
ity Clerk's Signature Date
IMPORTANT NOTICE
All retail liquor Reenacts; must have a current Federal SpaeW OccupationA Stamp. Thh stamp Is issued by the Bureau of
Alcohol, Tobacco and Firearms. For information call (612)290-34% PS 9011 -94
Form No. 235-A.Mk. W 14tad I'm -- .
0
E
•
RETAM "ON SALE" 1W 0
M ' AH ' 8 t997
Otate of Alinneota, C11YOOHM*OM
COU.VTr op. McLeod city Rutchicisoci
To the .............. city ... Coun . c .. il ............
of Cit
Y . . ...... ...
........ .........................
.......... I'll ... ..... ... ...... .......... ............. ............. ... .. State of Minnesota:
:1 a C C / S f 4 (,-( 4- __ _e,-, L j _ C.
hovbV appl 1-M-for a lizense for the term
W —flU.c...._.._ 193 , to sell
At Retail Only, Non-Intoxicating Malt Litinors,
as the same are defined by law, for coneumpiton "O.Ir' aces owtain promisee in
deafflibed as fallawt, tc•wit:.
18 n,,, S i. IV.
at -htch place said appitzant.--pperati; .,Uw bu s i ness o f_,,,.p
and to that end represent and state ......as follows:
That said applicant i&..& -- -- . of the United States; of toed moral character
and repute; and hag attained the a& of V years; that__.._.._...,_ ......._............__._....._ - propriellw_ -.of the
mtablijh,nent for which the license will be issued if this application is granted.
That no manufacturer of such non-intaxleatint male Uquors has any owneirsUp, In whole or in part,
In said buainasi, of said appU*ant__4r any interest theovin;
That said applicant make, application pursuant and subject to all this laws of the State of
Mmuw,atc, and the ordinanoee and rejulationo of #aid CitjL --------
applicable thereto, which ars heerely made a part hereof, and hereby airse-Jo obeeroe and obey the same;
. ..... . ...... ......
Recommend approval.
4Y&vev`a t!
.tj * , rnr I.D. required for purchase.
Each applicant further states that --he is not now the holder of, nor has --he made application for,
nor does --- he intend to make application for a Federal Retail Dealers Special tax stamp for the sale of
Intoxicating liquor.
Dated 19 9 _?
ippuca"..-
P. 0. .4"MO . ...... . .
M
Minnesota Department of Public Safety
y LIQUOR CONTROL DIVISION
444 Cedar St. /Suite TOOL
< S 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 ORGANIZATION
ckw i ER &
DATE ORG
TAX EXEMPT NUMBER
z/ — 0 1
STREET ADS S
C
c
STATE
ZIP CODE
So
NAME OF PERSON MAKING APPLICATION
J o
BUSINESS PHONE HOME PHONE
- o - 93 7
DATES LIQUOR WILL BE SOLD (1 to 4 days)
— — 17
TYPE OF ORGANIZATION
A CLUB ❑ CHARITABLE ❑ RELIGIOUS ❑ OTHER NONPROFIT
ORGANIZATION OFFICER'S NAME
ADDRESS
ORGANIZATION OFFICER'S NAME
ADDRESS
ORGANIZATION OFFICER'S NAME
ADDRESS
Location where license will used. If an outdoor area E wan
9/ ( DD S� JfW Nutih ,JSa r rf ,S.5'3_5�O
j
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 insurance? if so, the camel s name and amount of cov a
(NOTE: Insurance is not mandatory) 69,9 41V D 1
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL
CITY /COUNTY
CITY FEE AMOUNT
DATE FEE PAID
DATE APPROVED
LICENSE DATES
SIGNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED LIQUOR CONTROL DIRECTOR
NOTE: Do not separate there two parts, send both parts to the address above and the original signed by this division
will be returned as the license. Submit to the City or County at least 30 days before the event
PS-09079(8/95)
4
r
L
APPLICATIO! FORM FOR
TEMPORARY RECYCLABLE MATERIAL.COLLECTIOE
0
NAME AND ADDRESS OF OWNER
Ca.n Man / Ree� -ling
� Il ' i KlS� C_CLr /,jbn
i cif 2 �a� Intl.
DRIVER'S LICENSE Ps
If, on -site operator is different than owner list names
J1,0a , Gam, L�� Ca- LJ
LOCATION PROPOSED FOR TEMPORARY RECYCLING SITEi
Gva )- ol"f Dzrki n 4 Lo
ZONING CLASSIFICATION OF ABOVE SITEi
WHICH DAY OF THE WEEK AND HOURS DO YOU ANTICIPATE OPERATING?
�jCL�CcrcQ41__ DAY OF WEEK
`T- 3 HOURS
HORE HEERE R ATTAC S 'HrULE O �D�ATV OR A ONE YEAR PERIOD 2, It
LIST HOUSEHOLD ITEMS YOU PLAN TO SOLICIT OR ACCEPTS,
'41c rn. Cans
a ,
SUMMARY OF REGULATIONS
LIMITING THIS ACTIVITYa
NO SHREDDING OR STOCKPILING OF MATERIAL ON SITE (ORDINANCE 90 -24)
SEPARATORS AND COMPACTORS ALLOWED ONLY IF WITHIN VEHICLE OR NOT
ACCESSIBLE TO PUBLIC (ORDINANCE 90 -24)
NO COLLECTION WITHIN 200 FT. OF COMMERCIAL BUILDING OR 300 FT. OF
RESIDENCE (ORDINANCE 90 -24)
NO SIGNAGE ALLOWED, EXCEPT ATTACHED TO COLLECTION VEHICLE
(ORDINANCE 90 -24)
NO COLLECTION (OR SIGNAGE) ON CITY BOULEVARDS OR STREETS (CHAPTER
7 MUNICIPAL CODE)
ONLY HOUSEHOLD RECYCLABLES (EXAMPLE NEWSPAPERS, PLASTIC, GLASS,
METAL CANS) (ORDINANCE 90 -24)
WEIGHT SCALES SHALL BE CERTIFIED (STATE REGULATIONS)
I hereby agree to abide by ordinance number 90 -24 and all
other applicable State and city of Hutchinson Municipal Codes and
Regulations.
Signature required owner /operator
Copies of ordinance(s) available upon request.
OFFICE USE
Application Approved
City Administrator
Copies Forwarded ( ),
Police Chief
Zoning Official
City Attorney
r
FOR YOUR INFORMATION
March 4, 1997
Hutchinson, MN
Hutchinson Mayor
Hutchinson City Council Members
Since the closing of the Happy Chef Restaurant, Hutchinson no longer
has a 24 hour restaurant. I am the owner of BR —GR'S Plus at 31 North
Main Street. I would like to offer the City of Hutchinson and its
people the opportunity of eating before they go to work early in the
morning or as they leave their night jobs to go home. But I face a
major obstacle, PARKING! Since Main Street and the parking lot behind
the restaurant and the State Theatre building (Hassan St.) are posted
NO PARKING 2 A.M. to 6 A.M. Can you help me help Hutchinson2
Sincerely,
��ut�Ur�c.c�l /�� i -�u •-ems
Barbara K. Rannow
- 3` (P37
•
copies to
City Engineer
Police Chief
A,
J
• c
FOR YOUR INFORMATION
M E M O R A N D U M
March 11, 1997
TO: Mayor and City Council
Airport Commission
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Mn/DOT State Airport Capital Improvement Program Participation
As expected and previously discussed, the state participation in the Airport CIP
will decrease in the next biennium. As noted in the attached letter from Ray
Rought, Mn/DOT Director of Aeronautics, the participation will be decreased
from a 66 -2/3% to 60% for most approved state /local projects. In addition,
• revenue generating items (FBO /maintenance facilities, fuel facilities, hanger site
preparation, etc.) will decrease to 50 %.
We will work with Mn/DOT and TKDA to determine what this might mean for the
Airport - Phase 2 Improvements currently under design. We will present revised
cost figures to the Council as soon as possible, and will review potential revenue
sources to help cover the additional expected costs.
cc: Gary Plotz - City Administrator
Jerry Peterson - TKDA
Dick Lennes - HCDC
Bernie Knutson - HCDC Transportation Chair
file: Airport - Phase 2 Improvements
• City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(320) 587 -5151
Fax (320) 2344240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(320) 587.2975
Fax (320) 134 -4240
- Primed on recycled paper - tttOOO(((
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(320) 587 -2242
Fax (320) 587 -6427
•
Minnesota Department of Transportation
Office of Aeronautics
Mail Stop 410
222 East Plato Boulevard
St. Paul, MN 55107 -1618
January 30, 1997
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street Southeast
Hutchinson, MN 55350 -2522
1Ii2SS'av =0 • MV
5
I've got good news and challenging news.
Phone: 612/296 -8202
Phone: 612! 2971600
Fax: 612/ 297 -5643
Fax: 612/ 296 -1 82 8
^ , ON
First the good news. In the Aeronautics budget for the next biennium we have requested an
increase to the airport construction grant program. In the current biennium, which began on
• July 1, 1995, and will end on June 30, 1997, we have been working with a legislative
appropriation of $14 million. Our budget request for the next biennium is for $16.4 million.
We have every expectation that the 1997 Legislature will approve this request. The State
Airports Fund is healthy and revenue sources are stable. This proposed increase in the grant
appropriation can be adequately accommodated within the current revenue structure.
Now, the challenging news. A substantial increase to the state grant program is = going to
be enough to fund the identified needs in the state airport system. There is no easy
explanation for this rather sudden and substantial increase in state grant requests, but a good
chunk of it can be tied to the recent cuts in the Federal Airport Improvement Program (AIP).
The appropriations for the AIP have been on a five -year skid, and a recent proposal by the
Federal Office of Management and Budget recommends further real cuts in the AIR These
cuts in the AIP have been particularly harmful to general aviation (GA) airports. We estimate
the AIP entitlement losses for Minnesota GA airports in the last five years total about
$6 million, based on real cuts below the "high water mark" of 1992. There have also been
GA losses in AIP discretionary spending as well, but there is no real good way to estimate that
number. Lost AIP funds have and are being replaced to some degree with state funding.
Another increase in the demand on state funding has been in the environmental area.
Environmental studies, storm water run -off plans, underground fuel - storage tank replacement,
and wetland mitigation, to name a few, have substantially been funded with state grants.
• Finally, demand for state funding has increased because many airport communities have come
to recognize the value of their airport to the economic well -being of their community and
region. Many more communities today, than in the past, want to move ahead now with that
An equal opportunity employer
Mr. Gary D. Plotz Page Two January 30, 1997
•
N
�J
next major step in the expansion of their airport. We have been encouraged by that, and have
even witnessed a number of situations where the community has pushed ahead with a complete
project with state funding being limited to a smaller scope.
Somehow, state funding for airport capital improvements will have to be constrained. The
Office of Aeronautics has been wrestling with this possibility for almost a full year. We have
done a considerable amount of research and development work on a state priority system, as
well as searched for possible opportunities to enhance revenues or to make existing revenues
stretch farther. We then sought input from aviation interests, including the Minnesota Council
of Airports. In doing so we found that there is a great deal of concern in implementing a
priority system. Many have expressed a desire that our office staff remain an integral part of
the project selection process. They have stated that by reading the pulse of Minnesota
aviation, we are better able to direct the flow of funding than any priority numbering system.
We are humbled by the support that many of you have shown. However, the demand is just
too immense for us to handle alone. As a result, our decision is to ask that the airport
Zva�a3uniti vest into the capital improvement program as well. State
participation in th next biemmvill be decreased from 66 -2/3% to 6035 for most approved
state/local Droiects, and to 50% for improvements that would have the potential of zeneratin¢
preparation, fixed -base operator (FBO) facilities, fuel facilities, agricultural aircraft rinsate
facilities, and other potential lease facilities that would provide a service to the air - traveling
public.
We are hopeful that in partnering an increase in the state appropriation for airport grants,
along with an increase in local participation, we will continue to make wise and cost- effective
expenditures that will continue to promulgate what I and many of you believe to be the best
state system of airports in the country.
Sincerely,
Raymond J Rought
Director
•
HUTCHINSON
FIRE DEPARTMENT
205 Third Avenue South East
HUTCH INSON. MINNESOTA 55350
MEMORANDUM
March 4, 1997
• U. ,��
The FDR Committee has had several meetings over the past two months regarding the restructuring
. of the Fire Department to meet the City growth.
We would like to meet with you in early April to discuss our recommendations.
Thank you.
0
_L ,
OPEN -HOLD COUNCIL REPORT TUE, MAR
11, 1997, 10:37 AM
$814.20
page 1
--------------------------------------------------------------------
1980 TIDS MINI BIFF
FEB RENTAL
--- - - ---'
$74.55
< >
OFFICE SUPPLIES
$74.55*
ALLIED MECH.SYSTEMS
AIR FILTER
$63.26
IMPRO CONST OSM
PROFESS SERV -LUCE LINE TRAIL
$2,225.97
_
< >
REFUND CLASS
$2,225.97*
1996 IMPRO CONST COMM TRANSPORTATION MATERIAL TESTING & INSPECTION
OSM PROFESS SERV -5TH AVE BRIDGE
c *>
1996 T I CONSTR. PROFESSIONAL REDEVELOPMENT RES RELOCATION SERV -TWO WAY COMM
P):��IL19:Zr�74:n;
COAST TO COAST
LOGIS
SIMONSON LUMBER CO
DRILL
FEB SERVICE
NAILS- SANDSHELL
commmmowevemoo
E
ASPEN EQUIPMENT CO
BRANDON TIRE CO
CARQUEST AUTO PARTS
CITY OF HUTCHINSON
COAST TO COAST
CROW RIVER AUTO
FORTIS BENEFITS
G & K SERVICES
HOLT MOTORS INC
HUTCHINSON WHOLESALE
JERABEK MACHINE SERV
L & P SUPPLY CO
MACQUEEN EQUIP INC
MN MUTUAL LIFE
MTI DIST.CO
PLOWMANS
RUNNING'S SUPPLY
SHOPKO
SORENSEN FARM SUPPLY
STEPP MFG CO INC
TEPLY EQUIPMENT
TERMINAL SUPPLY CO
US POSTAL SERVICE
VIKING SIGNS
WELDING SYSTEMS INC
WIGEN CHEVROLET CO
SLIDE, FREIGHT
CREDIT TIRES
FILTERS
MARCH MEDICAL
PAINT
PARTS, LABOR TO REPAIR 90 CHEV
MARCH LTD
UNIFORMS
PART & FREIGHT
55 GAL DRUM
FLAT IRON, CUTTING
TACHOMETER
AIR CYL, HANDLE, GRABBER WELD
MARCH LIFE
SPRING TENSION
REPAIRS TO 86 F800
PLUG
PHOTO PROCESSING
CHAIN
WATER TANK CAP, FREIGHT
WATER PUMP, BELT
FLASHERS
FEB POSTAGE
MAINT DEPT SIGN
338 ALLOY ELTRD
INDICATOR
$898.24
$10,389.67
$11,287.91*
$1,050.00
$1,050.00*
$26.61
$1,931.60
$21.30
$1,979.51*
$222.49
$214.75
$873.98
$432.09
$32.93
$255.78
$19.63
$71.54
$469.46
$632.27
$2.74
$48.50
$374.99
$6.93
$37.48
$3,540.12
$3.18
$3.61
44.11
20.14
$383.66
$96.04
$6.08
$26.63
$233.57
$112.82
$8,165.52*
GENERAL FUND AAGARD WEST
MARCH SERVICE
$814.20
ADCETERA
DESIGN, LAYOUT, ETC -HWY 7 COAL
$100.00
ALLEN OFFICE PROD
OFFICE SUPPLIES
$132.84
ALLIED MECH.SYSTEMS
AIR FILTER
$63.26
AMERICAN RED CROSS
CARDS, WSI BK, S &D BK
$38.34
ANDERSON, DONNA
REFUND CLASS
$7.50
ARLT, JOHN
GAME OFFICIAL
$54.00
ARNOLD & MCDOWELL
JAN COMPENSATION
$13,732.00
ASQC
INFO PACKETS, POSTAGE
$50.25
BARNES, MARIBEA
REFUND CLASS
$5.00
BENNETT OFFICE SUP.
BLACK TONER
$237.38
BIG BEAR
PAINT
42.58
BLAST 97
REG- SCHAUFLER OR LENNES
25.00
BUSINESSWARE SOLUTIONS
HP TONER
$3,327.06
CADD /ENGINEERING SUPPLY
18LB TRANS BOND
$97.41
CALCULATED INDUSTRIES
ULTRA MEASURE MASTER
$127.60
CARR FLOWERS
GREEN PLANTS -MEIER
$18.92
CASH WISE
SUPPLIES
220.76
CDI OFFICE PRODUCTS LTD
ENVELOPES, PLASTIC BINDERS
180.24
CENTRAL GARAGE
FEB REPAIRS
$8,728.93
CHAMPION AUTO -
TRAILER ADAPTOR
$20.20
CHAPIN PUBLISHING CO
CONST BULLETINS
$749.55
CHEN, MEITING
REFUND CLASS
$7.50
CITY OF HUTCHINSON
MARCH MEDICAL - MATTSFIELD
$30,831.32
F_ I
L J
OPEN -HOLD
COUNCIL REPORT TUE, MAR 11, 1997, 10:37
AM
page 2
------ -----
GENERAL FUND
---------- - - - --- ---____--_____
CLSA
_______---------- ________
MEMBERSHIP -DOLF MOON
- - -___
$40.00
__
COAST TO COAST -
BATTERIES
$390.22
COMFORT INN - LAKEVILLE
ROOM CHARGES -HUTCH POLICE DEPT
$478.92
•
COMMUNITY EDUCATION
COMMUNITY EDUCATION -JAN 1997
$4,337.12
COPY EQUIPMENT INC
DIAZIT DART, LABOR
$458.70
_
CROW RIVER GLASS
REPAIR GLASS, CHROME TRIM
$85.12
DEPT NATURAL RESOURCES
DNR FEES TO STATE
$506.00
DEPT OF LABOR & INDUSTRY
INSPECTIONS
$30.00
DJ'S MUNICIPAL SUPPLY
LIME VEST
$62.52
DOMINO'S PIZZA
LARGE PIZZAS
$128.90
ELKS LODGE #2427
POPCORN & POP
$41.00
ELROD, NORMA
REFUND CLASS
$7.50
ERLANDSON, DAVID
REIMS- FLOORPLATE- MAGAZINES
$55.00
EWING, BRENDA
MILEAGE - TRANSIT MTG
$41.10
FITZLOFF HARDWARE
SUPPLIES
$240.60
FORTIS BENEFITS
MARCH LTD
$1,552.54
G & K SERVICES
UNIFORMS
$674.72
GLENCOE UNIFORMS
MN STATE SEAL TIETAC
$31.63
GRAY, JEAN
REIMB- MEALS, MILEAGE
$128.74
GREAT PLAINS SUPPLY
OAK BOARD, OAK PLUGS
$35.68
HAGER JEWELRY
CRYSTAL CANDLE HOLDERS
$22.63
HANSEN GRAVEL
6 YDS LANDFILL
$43.50
HILLYARD FLOOR CARE / HUTCHINSON
PAPER CUPS
$445.12
HUTCH CAFE
16 CHICKEN DINNERS
$52.00
HUTCH COOP CENEX
SOLAR SALT
$400.13
HUTCHINSON LEADER
PUBLICATIONS
$580.61
HUTCHINSON TEL CO
MARCH SERVICE
$5,774.98
HUTCHINSON UTILITIES
COBRA FIXT, PHOTO EYE, HPS LMP
$7,874.35
HUTCHINSON WHOLESALE
KNOBS
$120.89
IDEA ART
SAFETY ITEMS
$44.35
JACK'S UNIFORMS & EQUIPMENT
BODY ARMOUR PACKAGE
$3,017.15
JEFF'S ELECTRIC
TRANSFORMER, INSTALL, LABOR
$260.08
JERABEK MACHINE SERV
FLAT IRON, LABOR
$119.88
JONES, CHARLES
REIMB- UNIFORM SHOES
$55.00
K MART
TOASTER
$31.94
KILIAN, AMY
REIMB - MANTOUX TEST
$10.10
KIRCHOFF, RONALD
REIMB -MEALS
$51.89
KUSTOM SIGNALS INC
LABOR
$117.00
L & P SUPPLY CO
LABOR CHARGE
$8.75
•
LEAGUE OF MN CITIES
LENNES, RICHARD
CLAIM DEDUCTIBLE
FEB COMPENSATION
$3,345.71
$2,407.42
LOGIS
FEB SERVICE
$6,172.07
LUNDHOLM, LORI
CLEAN WINDOWS
$63.90
MANKATO MOBILE RADIO
BATTERY, CARRY CASE, STUB ANT
$586.04
MARCO BUS.PRODUCTS
POST IT'S & DISPENSER
$72.96
MARKHURD
AERIAL SURVEY SERVICES
$10,700.00
MCGARVEY COFFEE INC
COFFEE
$30.00
MCLEOD COUNTY RECORDER
FILING FEES
$23.50
MDRA
200 MAPS
$80.00
MEAD, KAREN
REFUND CLASS
$7.50
MEIER, DOUG
REIMB -MEALS
$7.46
MINNCOMM PAGING
PAGERS /MARCH -MAY
$144.74
MITCHELL, WILLIAM
GAME REFEREE
$72.00
MN CHIEFS POLICE ASN
PERMITS
$23.30
MN DEPT OF REVENUE
TRAFFIC BACKER & FLASHER, BULB
$41.60
MN DEPT OF TRANSPORTATION
VEHICLE REGISTRATION
$120.00
MN ELEVATOR INC.
ELEVATOR SERVICE
$67.90
MN MUTUAL LIFE
MARCH LIFE- MATTSFIELD
$556.08
MN PUBLIC TRANSIT ASSC
MEMBERSHIP DUES
$75.00
MN REC & PARK ASSC
1997 PROFESS MEMBER DUES
$530.00
MN SPORTS FEDERATION
ENTRY FEES
$1,780.00
MORE 4
SUPPLIES
$290.99
MSSA
1997 MEMBERSHIP
$25.00
MUSKE, SANDRA
REFUND CLASS
$27.00
NALCO CHEMICAL CO.
COOLING THE G3AD
$1,716.36
NORTH AMERICAN SALT COMPANY
ROAD SALT
$2,859.27
OFFICE OF SPECIAL EVENTS PLANN
REG -MARK HENSEN
$35.00
OLSONS LOCKSMITH
KEY SYSTEM & REKEY LOCKS
$421.30
OPM INFORMATION SYSTEMS
PROTECT KEYGUARD
$26.93
PARK & GROUNDS MANAGEMENT
PARK & GROUNDS MGMT RENEWAL
$42.00
PIZZA HUT
PIZZA, POP
$23.98
QUADE ELECTRIC
HUBBELLS
$242.71
R&R SPECIALTIES INC
ICE BLADE GRIND
$101.00
RESPOND SYSTEMS
RIGHT TO KNOW LABEL
$32.05
RIDGEWATER COLLEGE
BLOOD BORNE PATHOGENS
$200.00
RONALD D JOHNSON, CONSULTANT
DATA BASE QUERY, SUPPORT
$300.00
1 r
u
OPEN -HOLD COUNCIL
REPORT TUE, MAR 11, 1997, 10:37
AM
page 3
--- - -_ -__ ----------------------------------------------------------------
GENERAL FUND
ROSE, JULIE
REFUND CLASS
--- --- - -----
$7.50
RUNNING'S SUPPLY
PLUG, BULB, ETC
$813.35
SAUK CENTRE WELDING MACHINE WO
2" BALL & SHANK, 4 WAY PLUG
$32.91
•
SCHMELING OIL CO
KEROSENE
$5.50
SHARE CORP
MATS
$287.91
_
SHOPKO
FILM
$27.34
SIERRA DIGITAL
RECWARE SOFTWARE RENEWAL
$99.00
SIMONSON LUMBER CO
PLYWOOD
$929.75
SORENSEN FARM SUPPLY
CHAIN
$9.63
STAR TRIBUNE
EMPLOYMENT ADS
$225.00
SUCCESSORIES
NOTEBOOK4 TOPBOUND ATTITUDE
$38.24
TRI CO WATER COND
SALT DELIVERIES
$122.48
TRIPLE G DISTRIBUTING INC
POP PURCHASE
$125.50
UNITED BLDG CENTERS
SILICONE, TACKER, STAPLES
$532.52
UNIVERSITY OF MN
REG -CAL RICE
$100.00
US POSTAL SERVICE
FEB POSTAGE
$912.48
US WEST COMMUN
MARCH SERVICE
$654.70
VFW POST 906
BANQUET -69 SERVED
$500.25
VIEYRE, ERIK
SCORE KEEPER
$140.00
VIKING SIGNS
LETTER YOUR BOARD
$65.00
VORLICEK, DARLENE
REFUND CLASS
$7.50
WAL -MART
TACKLE BOX
$171.50
WILLARD, MEAH
REFUND CLASS
$7.50
XEROX
FEB MONTHLY CHARGE
$685.00
< *>
$127,719.53*
HAT -FAC. COAST.
MN ELECTRIC SUPPLY CO
ELEC SUPPLIES
$57.48
< >
57.48*
HOSPITAL BONDS
FIRSTAR BANK OF MINNESOTA
INTEREST
$78,862.50
< *>
$78,862.50*
HUTCH TRANS FAC.
COAST TO COAST
CLEANING SUPPLIES
$18.38
DOMINO'S PIZZA
ASSORTED PIZZAS
$98.75
DOOR SERVICE OF ST. CLOUD
LABOR FOR DOOR REPAIR
$180.00
EARL ANDERSON ASSOC
EXIT & ENTER SIGNS
$37.81
•
FRAME OF MIND
G & K SERVICES
METAL, GLASS, FITTING
UNIFORMS
$63.90
$204.52
HILLYARD FLOOR CARE / HUTCHINSON
LABOR CHARGE
$637.84
HUTCHINSON TEL CO
MARCH SERVICE
$231.31
HUTCHINSON UTILITIES
FEB GAS & ELEC
$5,960.16
KLEESPIE
4" FILL CAP & FREIGHT
$28.80
MCGARVEY COFFEE INC
COFFEE
$30.00
SCHMELING OIL CO
DIESEL NOZZLE
$87.07
US POSTAL SERVICE
FEB POSTAGE
$2.70
< *>
$7,581.24*
LIQUOR STORE
AAGARD WEST
MARCH SERVICE
$45.20
ALLIED SERVICES OF HUTCHINSON
UPPER THERMOSTAT
$64.13
AM.LINEN SUPPLY CO
FEB DELIVERIES
$154.99
BERNICKS PEPSI COLA
FEB POP PURCHASES
$417.80
CDI OFFICE PRODUCTS LTD
FEB PURCHASES
$23.32
CITY OF HUTCHINSON
LOTTERY PAYMENT
$1,506.18
ED PHILLIPS & SONS CO.
FEB WINE PURCHASE
$3,355.70
FORTIS BENEFITS
MARCH LTD
$36.85
GRIGGS COOPER & CO
FEB LIQUOR PURCHASE
$10,002.13
HENRYS FOODS INC
OPERATING SUPPLIES
$1,790.32
HERMEL WHOLESALE
FEB MISC PURCHASES
$195.42
HUTCH FIRE & SAFETY
EXTINGUISHER INSPECT
$15.00
HUTCHINSON LEADER
SUBSCRIPTION #16419, FEB ADS
$159.50
HUTCHINSON TEL CO
MARCH SERVICE
$135.58
HUTCHINSON UTILITIES
FEB GAS & ELEC
$772.32
JOHNSON BROTHERS LIQUOR CO.
FEB WINE PURCHASE
$17,084.03
JORDON BEVERAGE INC.
FEB BEER PURCHASE
$1,286.30
KARP RADIO
BALANCE OF INVOICE #1
$6.00
LENNEMAN BEVERAGE DIST. INC
FEB BEER PURCHASE
$4,580.85
LEO'S TRANSFER
FEE 2ND HALF FREIGHT
$438.66
LOCHER BROS INC
FEB BEER PURCHASE
$7,886.94
LUNDHOLM, LORI
CLEAN WINDOWS
42.60
MN MUTUAL LIFE
MARCH LIFE
13.02
MORE 4
OPERATING SUPPLIES
10.19
PAUSTIS & SONS
FEB WINE PURCHASE
$1,531.99
•
QPEN -HOLD COUNCIL REPORT TUE, MAR 11,
1997,
10:37 AM
'---- ------ -- -------- ------
LIQUOR STORE PINNACLE DISTRIB
— -----------
--- —
MISC MIXERS
QUALITY WINE & SPIRITS
CO.
MARCH LIQUOR PURCHASE
SEGAL WHOLESALE
FEB PURCHASES
ST. CLOUD RESTAURANT SUPPLY
•
DRINK MIXES, BAGS
STANDARD PRINTING
KEG REGISTRATIONS
TRI CO WATER COND
BOTTLE WATER, COOLER
TRIPLE G DISTRIBUTING
INC
FEB BEER PURCHASE
US POSTAL SERVICE
FEB POSTAGE
VIKING COCA COLA
FEB POP PURCHASE
c *>
PAYROLL FUND
c +>
RURAL F. D
WATER /SEWER FUND
•
PASCHKE, STEVE
HUTCH PUBLIC SCHOOLS
AAGARD WEST
ALLIED SERVICES OF HUTCHINSON
AM.WATER WORKS ASSN
AM.WELDING SUPPLIES
BENNETT OFFICE SUP.
CAMERA SHOP
CASH WISE
CENTRAL GARAGE
CITY OF HUTCHINSON
COAST TO COAST
ELECTRIC MOTOR CO
FEED RITE CONTROLS
FITZLOFF HARDWARE
FORTIS BENEFITS
G & K SERVICES
HACH COMPANY
HILLYARD FLOOR CARE / HUTCHINSON
HUTCH COOP CENEX
HUTCH FIRE & SAFETY
HUTCHINSON TEL CO
HUTCHINSON UTILITIES
HUTCHINSON WHOLESALE
L & P SUPPLY CO
LANZ, JERRY
LEAGUE OF MN CITIES
LOGIS
MCGARVEY COFFEE INC
MN DEPT OF HEALTH
MN MUTUAL LIFE
MN VALLEY TESTING LAB
RUNNING'S SUPPLY
SCHRAMM IMPLEMENT
TEK MECHANICAL
THUNDERBIRD HOTEL
UNITED BLDG CENTERS
US FILTER /WATERPRO
US POSTAL SERVICE
VICTORIAN INN
WAL -MART
WELCOME NEIGHBOR
REFUND DEDUCTION
$1,242
$2,505
$258
$327
RENTAL $57
$13,519
$49
$120
$69,726
REPORT COPIES, TRANSPAR
FEB PICKUP
TEST RPZ
STAND UPDATE SUBSCRIPTION
WELDING SUPPLIES
CARTDG 1600 C PRINTER BLACK
SLIDE DEVELOP
WATER
FEB REPAIRS
MARCH MEDICAL
NOZZLE, HDWE
BEARINGS
PUMPS
COUPLINGS, BATTERIES
MARCH LTD
UNIFORMS
CHEMICALS
BROWN CORMATIC TOWEL
FUEL
EXTING INSPECTION
MARCH SERVICE
FEB GAS & ELEC
BATTERY, BELT
HOUSING, LENS
REIMS- LODGING, MEALS- SEMINAR
CLAIM DEDUCTIBLE
FEE SERVICE
COFFEE, HOT CHOC
1ST QTR CONNECTION FEES
MARCH LIFE
WATER TESTS
ELEC PARTS
SPROCKET, CHAIN
COPPER HANGERS
ROOM CHARGES -2 NIGHTS
STEEL DOOR
SRH CMPD ECR METER
FEB POSTAGE
BUFFET & BEVERAGES
OFFICE SUPPLIES
FEB LISTING
35
96
00
33
36
17
35
92
70
16*
page 4
$1,067.58
$1,067.58*
$26,454
$75
$150
$14
$30
15
$4
$1,296
$4,266
B 132
311
$2,300
$15
$201
$304
$79
$76
$151
$794
$20,221
$589
$9
$80
$2,659
$2,287
$43
$4,845
$70
$100
$645
$
$304
$453
$10,182
$541
$64
66
$60
$80,019
$389,824
$7.07
$7.07*
10
00
00
85
89
86
32
10
71
00
89
40
72
46
98
68
49
24
41
49
59
76
93
79
43
27
40
00
77
00
82
32
60
00
26
59
82
64
96
00
74*
76*
•
!MMEDIATE PAY COUNCIL REPORT TUE, MAR 11, 1997, 10:37 AM page 1
------- --- - - - --- ___-- - - - -__ ___--------_-_--------_-___--_----__-------
GENERAL FUND CHANHASSEN DINNER THEATRES TICKETS FOR STATE FAIR SHOW $1,092.00
DEPT NATURAL RESOURCES DNR FEES TO STATE $776.00
< *> $1,868.00*
•
LIQUOR STORE CITY OF HUTCHINSON- GENERAL FUN LIQUOR PAYROLL 2/28/97
QUALITY WINE & SPIRITS CO. WINE PURCHASE
PAYROLL FUND AETNA VARIABLE LIFE ASS. CO
AMERICAN FAMILY INS CO.
GREAT WEST LIFE INS. CO.
H.R.L.A.P.R.
ICMA RETIREMENT TRUST
PERA LIFE INS CO.
PERA- D.C.P.
PRUDENTIAL
PRUDENTIAL MUTUAL FUNDS
PUBLIC EMPLOYEES
TEMPLETON INC
WADELL & REED
WATER /SEWER FUND CULLIGAN WATER COND
MACQUEEN EQUIP INC
•
EE CONTRIB
EE CONTRIB
EE CONTRIB
EE CONTRIB
EE CONTRIB
EE CONTRIB
EE CONTRIB
BE CONTRIB
EE CONTRIB
BE CONTRIB
EE CONTRIS
EE CONTRIB
SOFTNER RENTAL
REGISTRATION -SCOTT HANSON
$6,554.93
$1,217.50
$7,772.43*
$770.00
$89.16
$100.00
$164.00
$3,515.37
$118.50
$52.02
$180.00
$30.00
$14,844.97
$458.46
$150.00
$20,472.48*
$14.00
$60.00
$74.00*
$30,186.91*
•
HUTCHINSON
FIRE DEPARTMENT
205 Third Avenue South East
HUTCHINSON, MINNESOTA 55350
FROM: Brad Emans, Fire Chief
MONTHLY CITY COUNCIL UPDATE
FEBRUARY. 1997
The fire department responded to 22 calls for service in February.
Breakdown of the City calls:
4 - Residential
1 - Commercial /Industrial
7 - Multi Family
2 - Vehicle
4 - Carbon Monoxide
• Breakdown of the Rural calls:
2 Rescue
1 Medical
1 Carbon Monoxide
r the month
• SCBA Maintenance
• Tour Impressions Inc. (Pre -plan)
• Fire Cause Determination Part I & II (Put on by the State Fire Marshal's Office)
• Hosted the McLeod County Fire Chiefs Assoc. (Tour of the South Plant 3M)
• Annual Townboard meeting
.:
H:TIRE \CCUPDATE.
•
TO: Mayor and Council
•
0
•
CITY OF HUTCHINSON
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
LIQUOR STORE
COMPARISON
FEBRUAR 1996
February 1997
FEBRUARY
TOTAL
TOTAL
1996 LIQUOR BEER
Y 1,872
WINE
MISC.
TOTAL
BY WEEK
LIQUOR
BEER
WINE
MISC.
TOTAL
BY WEEK
1
2,349
427
191
4,839
1
3,109
4,861
1,378
335
9,682
2
2,532
4,731
1,044
332
8,639
9,682
3
3,454
4,658
1,053
424
9,589
23,067
3
1,776
1,974
358
168
4,276
4
1,315
1,941
281
141
3,678
5
1,548
1,767
424
140
3,879
5
1,617
1,792
608
145
4,160
6
1,329
1,931
356
129
3,745
6
1,775
2,800
614
t86
5,355
7
1,360
2,000
499
178
4,037
7
3,430
5,644
1,274
298
10,646
8
2,164
2,641
501
185
5,491
8
3,141
5,139
1,053
336
9,669
9
3,060
5,313
1,034
357
9,764
37,783
10
3,420
4,688
1,061
327
9,496
10
1,224
1,882
495
174
3,775
36,412
11
1,344
1,934
397
199
3,874
12
1,617
1,873
371
170
4,031
12
1,620
2,063
635
206
4,524
13
1,315
1,937
819
126
4,197
13
2,341
2,939
784
427
6,490
14
2,490
2,481
1,322
181
6,474
14
3,301
4,826
2,565
393
11,085
15
2,091
2,740
439
157
5,427
15
3,199
5.471
1,175
384
10,229
16
3,073
4,849
981
349
9,252
39,977
17
3,725
4,823
1,308
357
10,213
17
1,836
2,033
348
177
4,193
39,594
18
1,609
1,877
306
103
3,895
19
1,259
1,850
286
155
3,550
19
1,623
1,989
337
247
4,196
20
1,388
1,804
332
184
3,708
20
1,892
2,924
484
239
5,539
21
1,400
1,983
351
172
3,906
21
3,220
5,144
996
445
9,807
22
1,832
2,567
745
124
5,268
22
3,050
4,858
869
350
9,137
23
2,961
5,432
1,202
365
9,960
36,768
24
2,757
4,972
1,123
333
9,185
24
1.394
1,702
565
219
3,880
35,577
25
1,372
1,980
385
208
3,945
26
1,476
2,057
416
150
4,099
26
1,492
1,934
579
127
4,132
27
1,023
1,813
297
105
3,238
27
2,143
3,268
589
203
6,203
28
1,106
1,761
353
128
3,348
28
2,868
5,506
1,048
337
9,759
29
1,753
2,611
553
164
5,081
-
27,919
15,766
TOTAL
51,490
76,490
18,122
6,027
152,129
TOTAL
52,005
75,631
17,297
5,483
150,416
96 TOTALS
52,005
75,631
17,297
5,483
150,416
95 TOTAL
48,496
61,600
12,024
3,698
125,818
% OF SALE
34
50
12
4
100
% OF SAL
35
50
11
4
100
SALES INC OR DEC
1,713
1
%
SALES INC OR DEC
24,598
20
%
Robert "Bob" Ness
• State Representative
District 20A
Meeker, McLeod, Stearns
and Wright Counties
Minnesota
House of _
Representatives
COMMITTEES: COMMERCE, TOURISM & CONSUMER AFFAIRS; BUSINESS REGULATION;
EDUCATION; K -12 EDUCATION FINANCE
Marlin Torgerson, Mayor Mach 7, 1997
Gary PloM City Administrator MAR 1 11997
111 Hassan Street SE
Hutchinson Mn 55350 -2522 CITY OF NUTCHINSON
Dear Mayor Torgerson, Gary and Council members,
Senator Dille and I are in receipt of your request for legislation to allow a local referendum for a half -cent
sales tax. According to your resolution and unanimous vote of the council we have proceeded to request
the Revisors Office to draft a bill per your request. This legislation will require a community referendum
as a condition of approval for implementation of your proposed sales tax. This legislation would also
include a sunset date when the financial goal had been achieved.
There are Minnesota cities that have had a local sales tax approved, but they have been very focused in
their targeted use. In the case pending in Willmar, the half -cent sales tax proposed for the community
• library had preauthorization via community referenda before the legislation was proposed.
Senator Dille and I would recommend that you would be more specific in the targeted use of these funds
with a defined number of years and the amount of receipts and how they would be used for the intended
purpose. These numbers were not included in the copy we received.
Given the experience of the previous legislative effort, your request would be significantly enhanced if
there were community approval of a local sales tax via a referenda. This adds greater credibility in the
legislative process and we recommend you pursue local approval before we ask for a heating.
We should make it clear that both Senator Dille and I have no position on your request for legislative
approval for the implementation of a half -cent sales tax in Hutchinson. We view our legislative
responsibility to help and enable all local units of government as their elected representatives speak for the
broader community. We will do our best to help facilitate the legislative process.
We will request legislative hearings when you advise us to do so and will arrange for an opportunity for your
testimony to the respective tax committees when a legislative hearing is scheduled-
If we can be of further help or if you have questions or comment with respect to this initiative or any other
legislative concerns please advise.
Sincerel
• Bob Ness
State Representative, District 20A
cc: Sen. Steve Dille
24966 729th Avenue Dassel, Minnesota 55325 (612) 275 -3122
State ORice Building, 100 Constitution Ave, St. Paul, Minnesota 55155 -1298 (612) 296 -4344
FAX (612) 296 -8803 TOD (612) 296 -9896
Research
Thomas Todd, Director
600 State Office Building
St. Paul, Minnesota 55155 -1201
(612) 296 -6753 [FAX 296 -98871
Minnesota
House of
R
0 epresentatives
March 6, 1997
TO: Representative Bob Ness
9 IG-0 .
FROM: Pat Dalton, Legislative Analyst
RE: Hutchinson sales tax bill
Here is the draft you requested for a Hutchinson local sales tax. I changed the purpose for which
the tax may be used as you requested; otherwise it is identical to this portion of the bill you
introduced in the 1995 session. Please let me know if you want any changes or if I should send it
to the revisor for jacketing.
PD /jmw
Enclosure
WW
1 W
•
E
..Eqw.
1 A bill for an act
2 relating to the city of Hutchinson; authorizing the
3 city to impose certain sales, liquor, and food taxes.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
5 Section 1. [CITY OF HUTCHINSON; SALES TAX.]
6 Subdivision 1. [SALES TAX AUTHORIZED.] Notwithstanding
7 Minnesota Statutes, section 477A.016, or any other contrary
8 provision of law, ordinance or city charter, the city of
9 Hutchinson may, by ordinance, impose an additional sales tax of
10 up to one -half of one percent on sales transactions taxable
11 purs uant to Minnesota Statutes, chapter 297A, that occur within
12 the city.
.13 Subd. 2. [EXCISE TAX.] Notwithstanding Minnesota Statutes,
14 section 477A.016, or any other contrary provision of law,
15 ordinance, or city charter, the city of Hutchinson may, by
16 ordinance, impose an excise tax of up to $20 per motor vehicle
17 as defined by ordinance, purchased or acquired from any person
18 engaged within the city in the business of selling motor
19 vehicles at retail.
20 Subd. 3. [USE OF REVENUES.] Revenues received from taxes
21 authorized by subdivisions 1 and 2 shall be used by the city to
22 pay the cost of collecting the tax and to pay for infrastructure
23 improvements and economic development pro
24 Subd. 4. [REFERENDUM.] If the Hutchinson city council
• 1
A
�i ��,� �• r••�• Lnaauar• 1 no rua
1
intends to exercise the authority provided by this section it
N
2
shall conduct a referendum on the issue. The question of
3
imposing the tax must be submitted to the voters at a general or
4
special election. The tax may not be imposed unless a majority
5
of votes cast on the question of imposing the tax is in the
6
affirmative. The commissioner of revenue shall prepare a
7
suggested form of question to be presented at the election The
8
referendum must be held at a special or general election before
9
December 1, 1997. This subdivision applies notwithstanding any
10
city charter provision to the contrary.
11
Subd. 5. [ENFORCEMENT; COLLECTION; AND ADMINISTRATION OF
12
TAXES.] A sales tax imposed under this section must be reported
13
and paid to the commissioner of revenue with the state sales
14
taxes, and be subject to the same penalties interest and
15
enforcement provisions. The proceeds of the tax less refunds
•
16
and a proportionate share of the cost of collection shall be
17
remitted at least quarterly to the city. The commissioner shall
18
deduct from the proceeds remitted an amount that equals the
19
indirect statewide cost as well as the direct and indirect
20
department costs necessary to administer, audit and collect the
21
tax. The amount deducted shall be deposited in the state
22
general fund.
23
Subd. 6. [EXPIRATION.] The tax imposed under this section
24
expires five years after it first becomes effective.
A
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
MAR 71997
•
ATTORNEYS AT LAW
5881 CEDAR LAKE ROAD
DAVID B. ARNOLD' MINNEAPOLIS, MINNESOTA 55416 -1492
STEVEN A. ANDERSON
G. BARRY ANDERSON
(612) 545 -9000
LAURA K. FRETLAND
FAX (612) 545 -1793
PAUL D. DOVE"
FAX (612) 542 -9210
JANE VAN VALKENSURG
RICHARD G. McGEE
CATHRYN D. REHER
WALTER P. MICHELS, III
March 6, 19
'ALSO ADMITTED N'EUS AND NEW YORa
Gary D. Plotz, City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, MN 55350
RE: Cable Television Issues
Our File No. 3188-90170
Dear Gary:
CITY OF HUTCHINSON
OF COUNSEL
ARTHUR L. DOTEN
TERRI A. BLOMFELT
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 58371
(612) 389-2214
FAX (612) 389.5506
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350
(320) 587 -7575
FAX (320) 587 -4096
FOR YOUR INFORMATION
I am enclosing herewith a copy of correspondence received from Triax which outlines their plans for the upcoming
weeks and months. Triax's representatives, during our meeting of a couple of months ago, did promise to make
• an effort to be more responsive and to provide more information to the City of Hutchinson. I would appreciate
it if you would forward a copy of this correspondence along with a copy of my letter to all members of the
Telecommunications Commission and also provide both letters to the council in the next council packet as
informational items.
I understand that Carol Dolder has expressed concerns regarding reception of the Midwest Sports Channel. I
have attempted several times to get ahold of her but without success so I am providing her with a copy of this
correspondence to update her on the status of this matter. I have received inquiries in recent weeks from other
parties regarding some of these issues and to the extent that I recall these communications, I have also provided
copies of the letter to them as well.
Should you have any questions in connection with any of the foregoing, please advise. Best regards.
Very truly yours,
ARN LD, ANDERSON & DOVE, P.L.L.P,
/
G. 133amz�nderson
GBA
Enc of sure
cc: Carol Dolder
• Jim Marka
Dolf Moon
Lucille Krueger
Kevin CCIT R,PED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
— CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
11 r TR V�
1504 2nd St. S.E.. P.O. Box 110, Waseca, MN 56093
5071835.5975 FAX 507.835.4567
February 27, 1997
Mr. Barry Anderson
Arnold, Anderson & Dove
Attorneys At Law
101 Park Place
Hutchinson, MN 55350 -2563
Dear Mr. Anderson:
I want to take this opportunity to update you on a few of the
issues involving Triax Cablevision and the City of Hutchinson.
Based on our previous meeting with the Hutchinson Cable Commission,
effective April 15, 1997, we will move the Midwest Sports Channel
from channel 18 to channel 37. QVC will then move from channel 37
to channel 18. This change will eliminate the interference
problems we currently experience on MSC due to a local "HAM" radio
operator in town. As we discussed at the meeting, in the majority
of the cases we have investigated, the "HAM" radio signal is
picked -up direct by the television receiver and causes interference
on channel 18.
While this problem does not go away, we hope the effect to our
customers viewing will be minimized by changing the channel
location for MSC. All customers will be notified of this change in
- their next billing statement. The statement message directs our
customers to call us if they continue to experience technical
difficulties with channel 18 after this change is made.
We have recently sent the City the $10,000 capital grant which was
— - part of our franchise requirement._ _.In addition, we have sent the
Hoffman Learning Center a $500.00 check as a donation to support
their efforts. Please let me know if the City or The Hoffman
Center make you aware of a problem with these payments.
Well, I think by now we are both looking forward to Spring. As we
near the Spring thaw, I can assure you we will be well prepared to
complete the Hunter's Ridge extension. I have also confirmed with
our engineering department that we are on- schedule with the rebuild
project. They have received final design plans and will soon
prepare the bill -of- materials for the project. Our Construction
Supervisor has visited the area and is currently preparing to start
• underground construction during the month of June. As we get
closer to this time, I will ensure you and the City are made aware
of our progress.
4
Page 2
Mr. Barry Anderson
Scott Walter and I have rest
to the Hutchinson Leader.
personnel that service is
available upon request. If
is interested in having us
contact either Scott Walter
:arched the issue of providing service
We have verified with our service
available to the building and is
you have a contact at the Leader that
provide service, please ask them tc
or myself at (507) 835 -5975.
Mr. Anderson, please let me know if you have any questions or
concerns regarding the issues addressed in this letter.
Sincerely,
/� fflIZ44
Paul R.
Pecora
Regional
Manager
0
0
March 11, 1997
RE: Osgood/Hayden Additions and surrounding areas
Letting No. 4/Project No. 95-04
Dear Resident:
As you know, the City has been in a dispute with the Contractor that constructed the
improvements in your area over the quality of some of their work. In particular, the street work
is unacceptable in its current condition, and must be addressed. Other unresolved issues relate to
sod and sidewalk improvements, and damage to homes during construction. Understanding that
there were major issues yet to address, the City Council previously deferred the implementation
of 60% of the street assessment for your property. This assessment is proposed to be activated,
without interest, only when the City can verify that the final street product meets the standards
set in the construction contract. Part of this agreement would be an understanding that the
homeowners would not be assessed for additional street improvements in these same areas for
the life of a typical street (30 years).
The City has substantial documentation regarding the construction procedures and the quality of
the work. We have video documentation, as well as information gathered by our own testing and
engineering consultants during and after construction. Our Consultant has recommended several
options for correcting the deficiencies in the street construction, varying from total reconstruction
to extensive spot repairs and overlay. At this time, the Contractor does not agree with our
findings. We are proposing to complete extensive review and testing in the spring in conjunction
with the Contractor. If an agreement can not be reached on how repairs will be completed, it is
expected that further action by the City will be required. We hope to have this issue resolved by
late fall or early summer. Until then, we are recommending that the streets be utilized by all
traffic that would normally utilize them (buses, garbage trucks, delivery trucks, etc.) so that we
can assess how well they are holding up.
We will continue to work toward a final product that meets or exceeds your needs and
expectations. Please call me or Assistant City Engineer Cal Rice if you have any questions or
comments. We are sorry for the inconvenience that this has caused. Thank you for your
patience.
Sincerely,
John P. Rodeberg, P.lT. J Marlin Torgerson -'
Director of Engineering/Public Wor \ 111 Mayor
•
�`Jf' SC�SSIC�1
0
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITEO LIABILITY PARTNERSHIP
DAVID B. ARNOLD
STEVEN A. ANDERSON
G. BARRY ANDERSON
LAURA K. FRETLAND
PAUL D. DOVE **
JANE VAN VALKENBURG
RICHARD G. M,,GEE
CATHRYN D. REHER
WALTER P. MICHELS, III
'ALSO ADMITTED IN TEAS AND NEW YORK
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
Re: Compensatory Time
Our File No. 3188 -87001
0
Dear Gary:
ay7
Gov
OF COUNSEL
ARTHUR L. DOTEN
TERRI A. SLOMFELT
5801 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) 3B9 -5506
FOR YOUR INFORMATION
I am enclosing for inclusion in the next City Council packet a copy of an article dealing with
compensatory time which appeared in the St. Paul Pioneer Press on Wednesday, February 26, 1997.
Obviously the rules with respect to municipalities are different than private employers. However, I
can tell you that there has been significant consideration of these issues in Washington and I expect
that there will be a revised FLSA bill for the President to consider sometime in 1997.
I thought the Council would be interested in this article. Best regards.
Very truly yours,
AR N OLD, ANIJERSON & DOVE, PLLP
G. Barry Anderson
GBA:lm
Enclosure
\.
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON. MINNESOTA 55350 -2563
(320) 567 -7575
FAX (320) 567 -4096
G. BARRY ANDERSON
February 26, 1997
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
Trading of
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eporled to U*
lecurllles and . �o
sxchange Com-
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ng to Bloomberg a C
losiness News; 0
loldings include
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and do not lo-
dude slack warrants or options:
■ Bnun's Fashions: Stephen
,lark, chief financial officer.
oeght 500 shares Jart 13 at $7.13
ter share; holds 2,600 shares. Ao-
frees Moller, shareholder, bought
000 sharp Jan. 3 at $5.50 per
dare; holds 13,600 shares.
■ Deluxe: Donald Hollis, direc-
tor, bought 700 sham Jan. 27 at
170.75 per share; holds 1,000
&harp.
■Flat Team Sports: Craig Ze-
Ilruke, officer, bought 2,000 sharp
Jan. 14 at $5.68 per share; holds
5,507 sharp.
■ Fourth Shat Michael Adams,
director, bought 18,680 shares Jan.
29 -31 at $4.13 -14.18 per share;
holds 90,340 shams.
■ National Computer Systems:
Jean Keffeler, director, bought
800 sharp Jan. 8 at $26.15 per
share; holds 3,700 shares
■ Navarre: James Slppl, dlrea
tat, bought 10,000 shares Feb. 4 at
$3.63 per share; holds 10,000
sharp.
■ ADC Telecommunications:
James Castle, director, sold 8,000
sharp Jan. 9 at $33 per share;
option relater; holds 3,000 share -
Donald Render, officer, sold 9,000
shares Jan. 15 at $34.45 per share:
option related; holds 664 shares.
■ Blo- Vascular: Vlnc of Argiro,
officer, said 17,300 shares Jan.
2 -29 at $6.25 -$6.88 per share; holds
452,020 shares.
■ Cerldem Lawrence Penman,
chairman, said 108,616 sharp Jan.
27 at $37,00 - $37.38 per share; op-
(loss related; holds 62,870 shares.
■ First Bank System: John
Danielson, officer, sold 1,000
shares Jan. 14 at $71.25 per share;
holds 4,254 shares David Grand -
slrand, officer and treasurer, sold
1,690 sharp Jan. 24 at $72.25 per
share; holds 6,449 share John
Grundhofer, chairman, sold 30,000
shares Jan. 15 at $71.88 per share;
holds 246,311 stares. J. Robert
Hoffmann. vice president, sold
2,100 shares Jan. 29 at $74.50 per
share; option related; holds 52,349
shares. Robert Sayre, office, sold
944 shares Jan. 15 at $72 per
stare; option related; holds 40,269
shares.
■ Health Fitness Physical
Therapy: James Narum,'vice Ares.
ident, sold 3,300 shares Jan. 23 at
$2.74 per share; holds 2,329 shares.
■ Life USA Holding: Joseph
Carlson, director, sold 2,500 shares
Jan. 24 at $10.25 per share; holds
608,141 sharp.
Comp -time plan
issue of getting
A LICE ANN LO wssac AMD Press -
WASMNOfa1
Football games, school plays,
doctors appoinlmenW When both
Mom and Dad work, time off can
be priceless. But for some parents,
overtime work and the cash it
brings are a matter of survival.
It's these competing needs
and business Interests, too - that
Congress and President Clinton
must balance as they gel set to
reconsider making comp Lime, or
earned none off, an alternative to
overtime pay.
The Wes, supporters say, Is that
with a choice between cash and
Lime off. every worker could get
what he or she most needs.
The risk, caution labor unions
and other detractors, is that prof-
it -driven firms would be templed
to exploit the availability of
cheaper overtime labor.
"We'd be entering a huge un.
known." said Marlin Malin, dimi
for of the Institute of Law and the
Workplace at Chicago-Kent Col-
lege of law. 'This is an area that
offers a lot of promise, but the
concerns raised ... should be taken
seriously.•• .
About 67 percent of American
workers are now covered by the
Fair Labor Standards Act, which
guarantees one - and -a -half times
regular wages for every hour
worked beyond a 40 -lour week
Most blue- collar factory, food ser-
vice, construction and clerical
workers are covered, along with
loss obvious folks such as comput-
er analysts.
Such workers currently can't
waive their right to overtime pay,
or trade it for another benefit,
such as paid vacation. If a worker
needs emergency time off to take
a child to the doctor, the employer
can only grant a furlough. Compa-
nies can also require an employee
to take unpaid leave to wipe out
the cash value of overtime work
during the same pay period -
usually restricting any flexibility
to a two-week period.
The cane is much different for
professionals, managers and ad-
ministrative employees who exer.
else Independent judgment on the
job, Because they are exempt
from the law, they earn a fixed
annual salary and don't get paid
extra for long hours. But firms
can offer them an increasingly
Popular benefit: flexible work
schedules.
But the experience of govern-
ment workers, who've had the
comp time option since 1965, pro-
vides some Insight into the pros
and cols.
Lamle Golden, a Peon State
economla professor, said there's
no doubt camp time is popular
with public sector workers, but It
has tended to pet them in awk-
ward positions.
Because It costs nothing up
front, comp Ume has encouraged
government managers to ask
workers to put In longer hours.
Heavy workloads there make It
at Donaldson Lufkin & Jenrette hard for people to 1 , time off
She added that investors are relic- they've banked.
tant to bet too heavily on co umm- , •Employee are In sabsl-
er confidence numbers, which can dlxing their employers aiming
drop rapidly at the first sign of Ume, Interest free," said (;olden
economic weakness.
Also, Federal Aesuve Chair-
man Alan Greenspan is due to
CONFIDENCE
IF COHTMIIED Fr01 1E
raises
time off
In fact, maxed -out comp time
banks are so common In the public
sector. Golden says, that state and
local governments are now push -
Ing to increase limits.
Scheduling flexibility is a plus,
though. About 22 percent of pro-
lessfonals are allowed to vary
their hours, according to Labor
Department Figures. Some work
long days early in the week and
take Friday off. Others pull a
marathon stretch of work, then
take a vacation.
A bill near the lop of the Repub-
Hun congressional agenda would
allow companies to offer more of
that scheduling flexibility to hour-
ly workers, too.
"It seems to me that to allow
working people to be good Moms
and Dads is a laudable objective,"
said Sen. John Ashcroft, R -Mo.,
the bill's author.
Although he vetoed a similar
bill last year, Clinton promised
during last fall's campaign to do
About 67 percent of
American workers
are now covered by
the Fair Labor
Standards Act, which
guarantees
one - and -a -half times
regular wages for
every hour worked
beyond a 40-hour
week.
something to help overworked
Americans In his accord term.
Ashcroft's bill would allow, but
not require, companies to offer
compensatory time off as an alter-
native to overtime pay. Workers
would earn comp time at a rate of
14a hours for every hour of over-
time work, and could "bank" up to
30 days a year. Use of banked
comp time would be at the work-
er's discretion, unless an absence
would "unduly disrupt the opera-
Lim of the employer." Banked
comp Ume also could be traded
for cash.
Ashcroft says stiff penalties
would discourage firms from rn
eming workers to take comp time
instead of overtime pay. And big
and small companies, and their
trade groups, are lobbying hard
for the bill.
But labor unions worry that
making overtime work cheaper
will help nothing but corporate
profits.
"We don't think In practice In
the real world this is going to be
voluntary," said Alan Reuther,
legislative director for the United
Auto Workers. "Not when an em-
ployer is sitting there getting to
decide what job you do and wheth-
er you get a raise."
The fear is t companies, to
save money, would assign most
overtime hours to people who
want comp lime, Reuther said.
Workers who depend on overtime
cash would be out of luck In a
record AFL -CIO poll, 64 percent of
workers said they need money
more than time off.
-
ORPIIAN MEDICAL
aew W. eMeE Re. 31 �
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FUNDS
IF rgNrwl.ED FnOM IE
about a fund's performance hist
ry and risks Investors would n
celve detai;cd prospectuses aft,
purchasing fund share
SEC officials, led by Level
have been concerned for son
time that not all mutual fund con
pames provide consistent Inform.
Hon to people who invest lhroul
employer-sponsored plans such
401(k)s.
Them's a significant loophole
the law: Funds sold to a corpora
401(k) plan only have to provil
these documents to Use compan
not Its employees.
That can mean workers lack Ir
portant financial Informatit
while making a crucial decision 1
how to invest their retirement m
ings.
Currently, anyone who Inves
directly in a mutual fund, rathl
than through an employer -spo
sorted plan, receives a deail(
prospectus that describes It
fund's risk, inveslmest strafef
and other details-
The SECS proposal "stands
dramatically revise and, we b
0
9
a
l�
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
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
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(320) 587 -7575
FAX (320) 587 -4096
'ALSO ADMITTED IN TEAA9...Ow YONN
RESIDENT ATTORNEY
G. BARRY ANDERSON
March 4, 1997
FOR YOUR INFORMATION
OF COUNSEL
ARTHUR L. OOTEN
TERRI A. SLOMFELT
5081 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) 389 -5506
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
Re: Animal Control Issues
Our File No. 3188-87001
•
•
I am passing along to you for your review and the review of the City Council, a copy of the decision
entitled Holt vs City of Sauk Rapids which appeared in Finance & Commerce, Appellate's Court
edition on February 28, 1997.
Dear Gary:
This case is significant because the Court of Appeals has concluded that an animal control ordinance,
relative to the number of pets, is in fact constitutional. There has been some debate about this topic
in other quarters, but it is now considered permissible to have such an ordinance.
I thought both this correspondence and the opinion might be of interest to members of the City
Council.
Thank you. Best regards.
Very truly yours,
ARNOLD,ANDE DOVE L
G. Barry Anderson
GBA:lm
Enclosures
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
FEBRUARY 28,1997
FmNcE AND COMMERCE APPELLATE Coum EDITION
C I V I L O P I N ION S
Mary Pallansch Holt, et al.,
Appellants,
VS.
City of Sauk Rapids, et al.,
Respondents.
Fled February 25, 1997
Affirmed In part and reversed In part
Huspeni, Judge
Benton County District Court
File No. C895726
Marshall H. Tanick, Teresa J. Ayling, Mansfield &Tanick, P.A., 1560
International Centre, 900 Second Ave. S., Minneapolis, MN 55402 -3383
(for Appellants)
Pierre N. Regnler, Cara J. Debes, Jardine, Logan & O'Brien, P.LL.P., 2100
Piper Jafhay Plaza, 444 Cedar St., St. Paul, MN 55101 -2160 (for
Respondents)
Carla J. Heyl, John C. Keller, League of Minnesota Cities, 145 University
Ave. W., St. Paul, MN 55103 -20" (Amicus Curiae)
Considered and decided by Norton, Presiding Judge, Huspeni, Judge,
and Foley, Judge.'
Reared judge of the Minnesota Court of Appeals, serving by appofrdmena pursuant to
Minn. Const art. yl, If 10.
SYLLABUS
A municipality has the authority to restrict the number of dogs permit-
ted per residential unit.
Affirmed in part and reversed in Part.
OPINION
HUSPENI, Judge
Appellants, both dog owners, seek reversal of the district court's denial
of their request for attorney fees after the court declared unconstitutional
respondent municipality's ordinances limiting the number of dogs per
residential unit. Respondent seeks review of the judgment of unconstim-
donality. Because we conclude that the ordinances are reasonably related
to the public's health, safety, and welfare, we reverse the summary judg-
ment granted to appellants and affirm the denial of their motion for attor.
ney fees.
FACTS
Respondent City of Sauk Rapids passed ordinances in February and
March 1995 limiting the number of dogs that can be kept on residential
premises. The significant provisions of the ordinances are: (1) only two
dogs over six months of age may be kept in one residential unit;. (2) per-
sons wishing to have three or four adult dogs in their residential unit may
apply for a permit to do so; and (3) anyone legally keeping more than four
adult dogs on a residential premises on the effective date of the ordinance
can obtain an exemption and retain those dogs, provided every owner of
property within 100 feet of the dog owner's premises consents. Permits
for keeping three or four dogs are obtainable on a showing that the dogs
are licensed and vaccinated; testimony indicated that at least four such
permits have been granted. _
Appellants were two of the dog owners affected by the ordinances.
Appellant Cynthia Eveslage operates a dog - breeding business on her res-
idential property. She owned three adult dogs and a litter of pups on the
effective date of the ordinances, April 19, 1995; by the time compliance
was required on August 19, 1995, she owned three adult dogs and two
five- month -old pups. She obtained a permit to keep up to four adult dogs.
Because Eveslage did not have more than four adult dogs when the ordi-
nance was passed, she did not seek her neighbors' permission to have
more than four. —
Appellant Mary Holt runs a "stud service" business on her residential
property; she also rescues Newfoundland dogs until homes can be found
for them. She had nine adult dogs on her property when the ordinances
became effective and twelve adult dogs on the date compliance became
mandatory. Holt did not complete the process to obtain a permit for up to
four dogs or seek the consent of her neighbors to retain more than four
dogs.
ISSUE
Are the ordinances unconstitutional?
ANALYSIS
In evaluating challenges to the constitutionality of a statute, a reviewing
court recognizes that the interpretation of statutes is a question of law and
accordingly that the reviewing court is not bound by the lower court's
conclusions.
1 Therefore appellants, who prevailed in the district court on the issue of tarwnsf i-
tionalfty, bear the sa b urden before this run that t hey d in the d court
In re Billie, 494 N.W.2d 877, 881 (Minn. 1993). A municipal ordinance
is presumed constitutional; the burden rests on the party attacking an
ordinance's validity to prove it is unreasonable or that the requisite public
interest is not involved, and consequently that the ordinance does not
come within the police power of the city. City of SL Paul v, Dal 245
Minn. 325, 329, 71 N.W.2d 855, 858 (1955). To prove an ordinance is
unreasonable, a complaining party must show that it "has no substantial
relationship to the public health, safety, morals or general welfare." State
by Hyland, 431 N.W.2d 868, 872 (Minn. App. 1988) (quoting County of
Freeborn v. Claussen, 295 Minn. 96,100, 203 N.W.2d 323, 326 (1972)
). "If the reasonableness of an ordinance is debatable, the courts will not
interfere with the legislative discretion." Id. (quoting State v. Modern
Box Makers, Inc., 217 Minn. 41, 47, 13 N.W.2d 731, 734 (1994) ).
Appellants must therefore prove that it is not even debatable that the chal-
lenged ordinances have no substantial relationship to public health, safe-
ty, or general welfare.
Minn. Stat. § 412.221 grants a municipal corporation authority to regu-
late the use of public and private property. Borchert v. Pdlage of North
Oaks, 264 Minn. 32, 36, 117 N.W.2d 396, 400 (1962). A city has the
authority
to regulate the keeping of animals, to restrain their running at
large, to authorize their impounding and sale or summary destruc-
tion, and to establish pounds, and to license and regulate riding
academies.
Minn. Stat. § 412.221, subd. 21 (1994). Consequently, Sauk Rapids has
the authority to regulate the keeping of dogs on residential property.
Appellants argue that the ordinance is unconstitutional because Sauk
Rapids considered no empirical evidence before adopting it. However, it
is the lack of a rational relationship between an ordinance and the gener-
al well -being, not the failure of the enacting city to consider empirical
evidence, that has caused ordinances to be struck down. See, e.g., Nelson
Y. Peterson, 313 N.W.2d 580 (Minn. 1981) (striking down an ordinance
prohibiting state - employed attorneys who represented petitioners in
workers' compensation cases from becoming workers compensation
judges as irrational and violating equal protection); Fairmont Foods Co.
v. City of Duluth, 260 Minn. 323, 326, 110 N.W.2d 155, 157 (1961)
(striking down an ordinance restricting the bacteria count in raw milk as
not reasonably related to public health); Dii in, 245 Minn. at 330, 71
N.W.2d at 859 (striking down an ordinance requiring roofers to qualify in
Court of Appeals 24
FINANCE AND COMMERCE APPE Coum EDITION FEBRUARY 28,1997
warm air beating and ventilation because these had no reasonable relation
to the roofing trade). All of these ordinances were struck down because
there was no rational relationship between the ordinance and the ostensi-
objective; none of the cases criticized the city's failure to consider
- apirical evidence before enacting the ordinance.
Here, testimony showed that dogs were the number one complaint at
city hall and that the mayor initiated the ordinance to address problems
with dog noise and dog odor. It is at leastdebatable that limiting the num-
ber of dogs per residential unit is substantially related to controlling the
problems of dog noise and odor, or to the health and general welfare of
the community as affected by dogs. There is a rational relationship
between the ordinance and solving the problems caused by dogs. Sauk
Rapids' failure to consider empirical evidence before adopting the ordi-
nance does not render the ordinance unconstitutional.
Appellants also argue that the ordinances are arbitrary because there
was no evidence that dog noise and odor problems were caused by resi-
dences having more than two dogs. The burden of proving that an ordi-
nance is unreasonable rests on the party attacking its validity. Dalsin,
245 Minn. at 329, 71 N.W.2d at 858. Appellants presented no testimony
or other evidence to show that limiting the number of dogs per residence
would not help resolve the problems with dog noise and dog odor.
Appellants had a veterinarian testify that there are other causes of dog
problems, such as the sin and breed of the dog and the level of care pro-
vided by the dog owner, but this testimony does not prove the ordinances
are unreasonable. Neither the existence of alternative methods for resolv-
ing the dog problems nor a debate as to the best method provides a basis
for declaring ordinances unconstitutional. Having determined that the
dog problem had to be addressed, the city was entitled to "a reasonable
opportunity to experiment with solutions to the problem." Wolff Y. City
of Monticello, 803 F. Supp. 1568, 1572 (D. Minn. 1992).
There was some semantic confusion because the Sauk Rapids adminis-
trator testified that the number of dogs a resident may keep with and with-
out a permit were chosen "arbitrarily." Appellants interpreted this testi-
mony to mean that the ordinance itself was arbitrary. However, numbers
chosen as legal limitations are often arbitrary: e.g., speed limits, building
, rdinances, statutes of limitation. The necessity of selecting some number
a does not re an ordinance itself arbitrary.
aAppellants do not suggest any less arbitrary number or arty less -weary way of
choosing a number.
Finally, we note that many jurisdictions have upheld similar ordinances.
See, e.g., Gates v. City of Sanford, 566 So. 2d 47, 49 (D.C. Fla. 1990)
(upholding ordinance limiting number of dogs and cats to three of each in
a residence); People v. Sturbridge, 339 N.W.2d 531, 535 (Mich. App.
1983) (upholding ordinance prohibiting keeping more than three dogs per
residential unit); People v. Yea, 302 N.W.2d 883, 885 -86 (Mich. App.
1981), cert denied, 102 S. Ct. 2961 (1982) (same); Downing Y. Cook,
431 N.E.2d 995,997 (Ohio 1982) (upholding ordinance prohibiting keep-
ing more than three adult dogs on comparatively small residential lots);
Village of Carpentersville v. Fiala, 425 N.E.2d 33, 34 (Ill. App. 1981),
cert. denied, 102 S. Ct. 2271 (1982) (upholding ordinance limiting the
number of dogs in a single- family residence to two and the number of
dogs in a single- family unit in a multiple housing building to one); State
v. Mueller, 265 N.W. 103, 105 -06 (Wis. 1936) (holding that limiting to
two the number of dogs kept per residential unit was not an unreasonable
exercise of police power).
Appellants cite Commonwealth v. Creighton, 639 A. 2d 1296 (Pa.
Cmwlth. 1994), brought by a pet owner found guilty of violating an ordi-
nance prohibiting more than five cats and/or dogs on a residential premis-
es. Creighton remanded
to determine the goals which this ordinance seeks to advance,
whether those goals are legitimate governmental goals and
whether, if the goals are legitimate, the means used to achieve
them are reasonable.
Id. at 1301. Here, testimony established that the ordinances sought to
reduce the number of complaints about dog noise and dog odor. These are
legitimate governmental goals, and restricting the number of dogs per res.
idence, while arguably not the only means of achieving them, is a reason-
able means. We do not find Creighton persuasive, particularly in light of
the weight of opposing authority. In summary, appellants have failed to
show the lack of any rational relationship between Sauk Rapids' ordi-
nances limiting the number of dogs per residential unit and the public's
health, safety, i a general welfare. Therefore, we hold that the ordinances
are cons[nutionl.
Appellants sought attorney fees under 42 U.S.C. § 1988, providing that
attorney fees are to be awarded to the prevailing party in a civil rights
action. Ia light of our determination that the ordinances are constitution-
al, appellants have no basis for requesting attorney fees under section
1988'
We note, however, that even if appellants had prevailed, the essentially
private nature of their action questioning Sauk Rapids' right to regulate
the keeping of dogs is a special circumstance placing them outside "the
spirit of section 1988 fee awards." Welsh Y. City of Orono, 355 N.W.2d
117, 124 (Minn. 1984). Like Welsh, which denied attorney fees to a
landowner who successfully challenged a city's denial of his application
for a conditional use permit, thereby regulating dredging,
[ t3his case does not mice a fundamental civil rights issue such as
voting rights, jury or job discrimination, school desegregation, or
the like. This is not an action for private enforcement of civil
rights, but rather a private action questioning a municipality's reg-
ulatory jurisdiction under stau law.
Id. Welsh would be persuasive authority supporting denial of attorney
fees to appellants, even if they had prevailed here on the issue of constint
tionality of the ordinances.
DECISION
To prevail, appellants must show that the lack of any rational relation-
ship between Sauk Rapids' ordinances limiting the number of dogs per
residential unit and the public health, safety, or general welfare is not
even debatable. They do not meet this burden; therefore, the ordinances
cannot be held unconstitutional. Because appellants did not prevail in
their challenge to the constitutionality of the ordinances, they are not enti-
tled to attorney fees.
Affirmed in part and reversed in part.
vs.
City of St. Paul,
Respondent.
Fled February 25, 1997
Reversed and remanded
IOaphake, Judge
Ramsey County District Court
File No. CX -93 -5959
Joseph M. Rnley, Bradley J. Gunn, Marc D. Simpson, Leonard, Street and
Deinard, 150 South Fifth Street, Suite 2300, Minneapolis, MN 55402 (for
Appellants)
Peg Birk, City Attorney, Edward P. Start, Assistant City Attorney, 400 City
Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102 (for Respondent)
Considered and decided by Schumacher, Presiding Judge, Klaphake,
Judg and F orsberg, Judge.'
'Reared judge of the Minnesota Court of Appeals, serving by appointment pursuant to
Minn. Const art. A 410.
SYLLABUS
Reimbursement of litigation expenses for condemnation proceedings
arising from a federally funded project are determined under the relevant
federal statute, not Minnesota law.
OPINION
KI APHANE, Judge
Appellants, the Wolfson and Segal families, succeeded in an inverse
condemnation action against respondent City of St. Paul, and then suc-
cessfully defended against the city's new trial motion and appeal.
25 Court or Appeals
FEBRuARY28,1997
Following resolution of the appeal, appellants moved in district court for
reimbursement of litigation expenses associated with the posttriai hearing
and appeal. The district court denied the motion, concluding that appel-
late litigation expenses are not reimbursable under Minn. Stat. § 117.045
(1994). Because we conclude that federal law controls this issue and that
42 U.S.C. § 4654 allows reimbursement, we reverse and remand.
FACTS
Appellants have owned and operated a small, multi -unit retail center in
the city for over 40 years. In 1956, the city agreed to construct a r9 -stall
customer parking lot adjacent to the shopping center. Appellants paid the
construction costs and maintained the lot throughout the years, believing
that they owned the lot.
In 1992, the city sought to demolish the lot as part of a road project that
incl tded construction of a right -turn lane. Despite appellants' protests
that the city's actions were unlawful, the city demolished the lot without
any bearing and used significant federal funds to finance the road project.
Appellants brought an inverse condemnation action against the city,
which resulted in a district court order that the city begin condemnation
proceedings.
Appellants moved for reasonable costs and attorney fees incurred at
trial. The district court awarded appellants their litigation expenses under
Minn. Stat. §117.045 (1994). This court affirmed the decision and the
supreme court denied review. See Wolfson v. City of St. Paul, 535
N.W.2d 384 (Minn. App. 1995), review denied (Minn. Sept. 28, 1995).
Appellants then moved for reimbursement of litigation expenses
incurred in defending the city's postti ial motions and appeal. The district
court denied the motion, ruling that under Minnesota law, appellate litiga-
tion expenses are not reimbursable. Appellants challenge this decision.
ISSUE
Does the federal statute, rather than the Minnesota statute, apply to the
issue of litigation expenses in this case?
ANALYSIS
On cases of statutory interpretation, this court need not defer to the
lower court's decision. AJ. Chromy Constr. Co. v. Commercial
Mechanical Servs., Inc., 260 N.W.2d 579, 582 (Minn. 1977).
The relevant federal statute is entitled Uniform Relocation Assistance
and Real Property Acquisition Policies for Federal and Federally Assisted
Programs. 42 U.S.C. § 4601 (1987). On the issue of litigation expenses,
the statute states that in any judgment or settlement for the plaintiff in a
condemnation action, the court
shall determine and award or allow to such plaintiff v'• such sum
as will '•' reimburse such plaintiff for his reasonable costs, dis-
bursements, and expenses, including the reasonable attorney,
appraisal, and engineering fees, actually incurred because of such
proceeding.
Id. § 4654(c) (1971) (emphasis added). The wording "because of such
proceeding" implies that the federal statute includes expenses from all
subsequent litigation to defend the judgment. See Florida Rock Indus,
Inc. v. United States, 23 Cl. Ct. 653, 657 (1991).
The Minnesota condemnation statute differs slightly in wording. Under
Minn. Stat. §117.045 (1994), a party who successfully compels the initia-
tion of condemnation proceedings
shall be entitled to petition the court for reimbursement for rea-
sonable costs and expenses, including reasonable attorney,
appraisal and engineering fees, actually incurred in bringing
such action.
(Emphasis added.) The phrase "in bringing such action" implies that only
those expenses incurred in the initial action to compel condemnation pro-
ceedings may be reimbursed. This court has concluded that appellate lid -
gation expenses are not reimbursable under this statute. See Vern
Reynolds Constr., Inc. v. City of Cbamplin, 539 N.W.2d 614, 619
(Minn. App. Nov. 7, 1995), review denied (Minn. Dec. 20, 1995);
Johnson v. City of Shorewood, 531 N.W.2d 509,511 (Minn. App. May
16, 1995), review denied (Minn. July 7, 1995).
Appellants argue that the federal statute is applicable in this case
because the city's road project was federally funded. We agree. The fed-
eral statute dictates that an agency will not approve any federally funded
project unless assurances are received that "property owners will be paid
or reimbursed for necessary expenses as specified in sections 4653 and
FINANCE AND COMMERCE AP PEATE COURTS EDITION
4654 of this title." 42 U.S.C. 0 4655 (a) (2) (1987). The federal statute
dictates that federally funded projects must comply with the federal
statute, including the section on reimbursement of litigation expenses.
The two Minnesota cases in which this court ruled that appellate litiga-
tion expenses would not be reimbursed are not dispositive on this issue
because neither involved federal funding. See Vern Reynolds Conte,
539 N.W.2d at 619; Johnson, 531 N.W.2d at 511.
DECISION
The district court improperly applied Minnesota law to this issue. Under
42 U.S.C. § 4654, appellants are entitled to reimbursement of their litiga-
tion expenses. We reverse and remand to the district court for an award of
those expenses.
Reversed and remanded.
Filed February 25, 1997
Affirmed
Huspeni, Judge
Dissenting, Davies, Judge
Hennepin County District Court
File No. 95 -12663
Bruce C. Rather, Scott A. Neilson, Henson b Efron, P.A., 12(10 Tdle
Insurance Building, 400 Second Ave. S., Minneapolis, MN 55401 (for
Appellat.t)
Nancy C. Coon, 6131 Blue Cede Drive, Eden Prairie, MN 55344 (for
Respondent)
Considered and decided by Davies, Presiding Judge, Huspeni, Judge,
and Short, Judge. _
SYLLABUS
1. A court will not read modifications into an insurance policy definition
where the terms of the definition ate themselves unambiguous and no
other provisions purport to modify the definition.
2. An insurance policy provision reasonably subject to two interpreta-
tions when read alone may be rendered unambiguous by another clause in
the policy that contains the substance of one of the interpretations.
3. Under an employee dishonesty policy containing unambiguous
occurrence and noncumulation provisions, an inured may not recover
more than the policy limit for losses due to the misconduct of one
employee occurring over the course of several years.
Affirmed
OPINION
B:USPENI, Judge
Appellant Landico, Inc. sued respondent American Family Mutual
Insurance Company for breach of an insurance contract. On the parties'
cross- motions for summary judgment, the district court denied Landico's
motion for summary judgment and granted summary judgment in favor
of American Family on the ground that the pardes'policy unambiguously
restricts Landico's recovery to the $100,000 policy limit. On appeal,
Landico seeks review of the district court decision finding the insurance
policy unambiguous and limiting Landico's recovery. We affirm.
FACTS
On January 4, 1993, Landico bought an American Family insurance
policy covering, among other things, employee dishonesty. The policy
provides employee dishonesty coverage of $100,000 per occurrence for
an annual premium of $659. Landico paid the first premium of $659 for
coverage from January 4, 1993, to January 4, 1994, and paid a second
premium in the same amount for coverage from January 4, 1994, to
Court of Appeals 26
FOR YOUR INFORMATION
•
State Representative
Bob Nes
289 Site Office Bta ft,100 Cmsbb Ave., St Pad, MN 55155 (6121 M 4W
For Immediate Release
March 5, 1997
NEWS RELEASE
CHARITABLE GAMBLING: $1.367 BILLION!
�J
MAR 919
c/91
� o � HUT cy
ST. PAUL — State Representative Bob Ness (District 20A- Dassel) said that the facts he released on
lottery gambling last month have raised questions about figures for charitable or "lawful gambling"
activity in area communities.
"While most citizens are aware of the large numbers who participate in casino gambling or who play
the state lottery, people may not realize the growth in numbers of those who participate in charitable
• gambling," Ness said. Charitable gambling activity includes pull -tabs, raffles, paddlewheels,
tipboards, and bingo.
In McLeod County, gross receipts from charitable gambling grew from $10.5 million to $11.4
million, or 8.8 percent, from 1994 to 1995, the most recent years for which numbers are available.
In Meeker County, receipts grew from $5 million to $6.2 million, a whopping 23.1 percent
increase in one year.
Statewide, gross receipts from charitable gambling grew from $1.306 billion to $1.367 billion, an
increase of 4.7 percent over a one -year period.
"In 1995, residents of McLeod and Meeker counties spent more than $17.5 million on lawful
gambling, most of it on pull-tabs, as compared with approximately $3.2 million on lottery gaming in
our area communities," said Ness. "The numbers in our district are growing at a much faster rate
than the overall average growth rates for the state."
"Unlike lottery or casino wagering, approximately 81 percent of lawful gambling gross receipts are
returned to participants in the form of prizes, while about 10.5 percent goes to required charitable
contributions to nonprofit organizations or projects in our communities, and the last 8.5 percent goes
to allowable expenses, or the costs directly related to the gambling retailer. "As these numbers
• continue to go up — 23 percent in one year -- more questions are raised about the effects of gambling
MORE
Page 2 of 2
on our communities and families," Ness said.
Ness also noted that state residents spent approximately as much (about $5.6 billion) on all types of
gambling combined, including casino gaming, state lottery and charitable gambling, as they did on K-
12 education last year.
"These numbers are a cause for concern," said Ness. "As gambling activity grows in our state,
everyone wonders if people are gambling out of desperation or hope for a current need; are they
gambling for entertainment; or do people just have that much `extra money' or expendable income ?"
If you have questions or comments on this or any other legislation, please contact Rep. Ness at 289
State Office Building, 100 Constitution Avenue, St. Paul, MN 55155 -1298; tel: (612) 2964344.
•
0
• ARNOLD, ANDERSON &DOVE
FOR YOUR INFORMATION
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
1 A 20 ADMITTED IN TEKAf AND NEW YORK 501 SOUTH FOURTH STREET
The Honorable Roger Moe PRINCETON, MINNESOTA 55371
Senate Majority Leader FAX 6 38
State Office Building FAX (6121 388 9 9-55 5506
State Capitol
St. Paul, Mn. 55155
Dear Senator Moe:
As someone who represents a variety of public bodies where the.Data Practices Act regularly collides with the
public's "right to know," as codified in the Minnesota Open Meeting Law, I thought I would share with you
my observations on that topic.
• I do not believe that most public officials, mmrary to the opinion of the Minneapolis newspaper, start from the
premise that they wish to exclude the public from debate or that they are attempting to 'hide" anything. What
the news media seems to not understand, however, is that members of city councils and public bodies generally,
when advised of the severity of the penalty for violating the Data Practices Act, usually conclude that they
would rather take their chances with an upset newspaper and a $100 fine for violating the Open Meeting Law.
I realize some additional protection has been provided by recent amendments tot he Data Practices Act but the
basic imbalance in the level of penalties still exists. We might want to spend some time working on a
compromise approach to try to balance these competing interests while also simplifying the Data Practices Act
which is approaching a bewildering level of complex*. I really think there is a bigger picture here than simply
dealing with the request for phone records which is the present hot button item.
Second, I wanted to pass along to you my respect for the way you have led on the state -wide educational testing
issue. I realize there are competing interests here and for a variety of reasons you have probably caught some
beat for your views on this question. I know from visiting with my wife (a temporarily retired teacher) about
the question that there are some fairly good policy arguments that run the other way. Nonetheless, the business
you are about here is leadership and I wanted to let you know that it is noticed and appreciated. Best personal
regards.
Very trul,
I -0Q iXI
G. Barry
GBA:jm
cc: Gary Plotz
Clarence Kadrtnas
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
101 PARK PLACE
DAVID B. ARNOLD'
HUTCHINSON, MINNESOTA 55350-2563
OF COUNSEL
STEVEN A. ANOE*SON
ARTHUR L. DOTEN
G. BARRY ANDERSON*
(320) 58 7-7 57 5
TERRI A. BLOMFELT
LAURA K. FRETLAND
FAX (320) 587.4096
PAUL D. DOVE"
5881 CEDAR LAKE ROAD
JANE VAN VALKENBURG
RESIDENT ATTORNEY
MINNEAPOLIS, MINNESOTA 55416
RICHARD G. MCGEE
G. BARRY ANDERSON
IS 12) 5
CATHRYN D. REHER
FAX (612) 545 -1793
WALTER P. MICHELS, III
March 7, 1997
FAX (612) 542 -9210
1 A 20 ADMITTED IN TEKAf AND NEW YORK 501 SOUTH FOURTH STREET
The Honorable Roger Moe PRINCETON, MINNESOTA 55371
Senate Majority Leader FAX 6 38
State Office Building FAX (6121 388 9 9-55 5506
State Capitol
St. Paul, Mn. 55155
Dear Senator Moe:
As someone who represents a variety of public bodies where the.Data Practices Act regularly collides with the
public's "right to know," as codified in the Minnesota Open Meeting Law, I thought I would share with you
my observations on that topic.
• I do not believe that most public officials, mmrary to the opinion of the Minneapolis newspaper, start from the
premise that they wish to exclude the public from debate or that they are attempting to 'hide" anything. What
the news media seems to not understand, however, is that members of city councils and public bodies generally,
when advised of the severity of the penalty for violating the Data Practices Act, usually conclude that they
would rather take their chances with an upset newspaper and a $100 fine for violating the Open Meeting Law.
I realize some additional protection has been provided by recent amendments tot he Data Practices Act but the
basic imbalance in the level of penalties still exists. We might want to spend some time working on a
compromise approach to try to balance these competing interests while also simplifying the Data Practices Act
which is approaching a bewildering level of complex*. I really think there is a bigger picture here than simply
dealing with the request for phone records which is the present hot button item.
Second, I wanted to pass along to you my respect for the way you have led on the state -wide educational testing
issue. I realize there are competing interests here and for a variety of reasons you have probably caught some
beat for your views on this question. I know from visiting with my wife (a temporarily retired teacher) about
the question that there are some fairly good policy arguments that run the other way. Nonetheless, the business
you are about here is leadership and I wanted to let you know that it is noticed and appreciated. Best personal
regards.
Very trul,
I -0Q iXI
G. Barry
GBA:jm
cc: Gary Plotz
Clarence Kadrtnas
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
FEB 28 '97 e2:06FM LEPGJE OF MN CITIES
P.1
FOR YOUR INFORMATION
• AMC FRIDA YFAX Vol. 2, No. 8
cmin, eiV A weeldy legislative update from the League of Minnesota C&S February 28, 1997
Not all surplus news is rosy
0
0
On the day that state officials
announced they will tolled $1.7
billion more than they need from
Minnesota taxpayers, the Gover-
nor hinted at restricting local levy
authority and a need to increase
local accountability.
This week, the Minnesota
Department of Finance an-
nounced that additional revenues
have boosted the projected state
budget surplus by an additional
$892 million for the upcoming
1998 -99 biennium. This projected
increase over the November 1996
forecast surplus of $1.4 billion is
largely due to a combination of
increases in the projections for
major tax revenues and reductions
in human services related stale
spending.
With this unprecedented
surplus, Governor Arne Carlson is
proposing $1.3 billion in tax cuts
for Minnesotans. Carlson is also
proposing funding for white pine
restoration, wheat scab research
and deformed frogs. Unfortu-
nately, it appears that cities are
somewhere below those items on
a priority list.
Despite the rosy financial
picture, Carlson said nothing
about restoring the LGA cut he
announced in his initial budget
proposal. In addition, he sug-
gested that local units of govern-
ment must hold down their prop-
erty tax levies. He indicated that
the property tax reform proposal
being developed by a group
chaired by Revenue Commis-
sioner Jim Girard (and personally
appointed by the Governor) may
include a provision requiring voter
approval of local property tax levy
increases. According to Carlson,
this requirement would improve
local accountability.
Dollars and cents
While media outlets are
reporting the surplus to be $2.3
billion, the actual amount under
current law is $1.7 billion. The
difference is due to the new law
that will repeal K -12 education
appropriation caps and cost the
state an estimated $614 million for
the upcoming 1998 -99 biennium.
The Governors $1.3 billion tax
relief package includes:
• $750 million Income tax
rebate.
• $900 million in property tax
relief over the next three years
directed at commercial- industrial
and apartment property taxes
without shifting the burden onto
residential property.
• $150 million education tax
credit/deduction for all Minnesota
parents with a child in school.
• $98 million in business and
other tax reductions.
What's wrong with
this picture?
$1.7 billion
Estimated
state
surplus
Governor's
proposed
LGA cuts
$9 million
Info needed on statewide brownfields
A legislative initiative that would provide funding to mitigate and
redevelop brownfields is gaining momentum at the Capitol. We need to
obtain evidence of contaminated lands from outside the metropolitan
area. If there is a contaminated site in your community, please fax a
short paragraph describing the site and an estimated cost of mitigation
and redevelopment to Andrea Atherton at the League as soon as pos-
sible. The fax number is (612) 215-4116.
For snore Information on my teptstmtve issues, wasoa any iwvnber of the League of Mtnneuom dues /wter$ovunnernrat Rdadow lean.
0
Registration Form
Municipal Finance Workshops
for Elected City Officials
Register today; space is limited
Name
City
Address
(Street)
Number of years in office
(City) (State) (Zip)
City Population
I. Please check preferred workshop datellocation:
❑ St. Paul
March 21
12:30 - 5:00 p.m.
❑ St Cloud
April 18
8:00 a.m. - 12:30 p.m.
11. Circle preferred Presentation/Roundtable Discussion:
A B C D
III. Check preferred payment option:
❑ Enclosed is Check # payable to GTS in the amount of
$ . ❑ Please bill me at the above address. (An $8 billing charge
will be added.)
P.O. #
Billing Address
IV. Return this form by the Friday prior to your desired program to
Government Training Service, Suite 401, 480 Cedar Street,
St. Paul, MN 55101.
(612) 222 -7409 or Minnesota toll free (800) 652 -9719. Fax (612) 223 -5307.
Special needs: If you are disabled and require special services or
transportation, or if you have special dietary needs, please attach a written
description to this registration form.
Title
0 0
Government Training Service presents...
FOR YOUR INFORMATION
Day phone ( , Municipal Finance Workshops
for
Elected City Officials
St. Paul, March 21
St. Cloud, April 18
Half -Day Programs offering
Valuable Information for
New and Veteran Policy Makers
Part of League of Minnesota Cities
Leadership Institute for Elected Officials
WHY YOU SHOULD ATTEND
As an elected of lcial, you must make a variety offlmancial decisions that
will have important consequences for your city. This workshop wingtve
you an understanding of what you should look for in your city's latest
financial report, what fiscal policies your city should have in place, how to
ldemdfy polenial problems, what to consider in financing decisions,
political realities, and much more.
PROGRAM SCHEDULE
Final Registration and Coffee
Context: The Current Financial Situation for Cities; Role of Elected Officials
Coral Houle, Mayor, Bloomington
Understanding Your City's Financial Picture
• Budgets and Comprehensive Annual Financial Report (CAFRs)
Robert Toulges, CPA, Taugtes, Redpath & Co.
Coral Houle, Mayor, Bloomington
Financing Esse ntials
• Financing Philosophy
• Determining Financing Methods, Types of Debt
• The Bond Financing Process
Dave MacGillivray, Principal/Director of Project Management
Kathleen Aho, Principal/Director of Financial & Services Division
Springsted Inc.
Coral Houle, Mayor, Bloomington
Specific Topics — Concurrent One -Hour Presentation/in -Depth
Roundtable Discussions (choose one)
A. Budgeting Approaches C. Utilizing TIF Financing
B. Creative Financing for Municipal D. Financing Municipal Public
Buildings and Collaborative Utility Improvements
Building Projects
• How do you decide whether to proceed with
a specific project?
• What tools are available?
• What works; what doesn't?
Finance expert and city official teams
DATES/TIMES/LOCATIONS
Friday, March 21, 1997, 12:30 - 5:00 p.m.
League of Minnesota Cities
145 University Avenue West
St. Paul, MN 55103
612/281 -1200
Friday, April 18, 1997, 8:00 a.m. - 12:30 p.m.
Radisson St. Cloud
404 West St. Germain
SL Cloud, MN 56301
320/654 -1661
SCHEDULED FOR YOUR CONVENIENCEI
The dates and locations of these sessions piggyback with Land Use
Planning Workshops for Elected Officials. Details in separate brochure;
call GI'S for your copyl
REGISTRATION/FEES
The fee is only $45.00. This includes expert presenters, extensive handout
materials, a refreshment break or continental breakfast (depending on
location). Sorry—no lunch is provided.
LMC Leadership Institute Credits
Participants of this practical and informative workshop will leave with four
(4) LMC Leadership Institute credits. Look for a signup form at the
workshop.
About Government Training Service
GTS is a public organization whose mission is to provide innovative,
comprehensive, practical training and consulting to address the changing
management and leadership needs of policymakers, staff, and appointed
officials In publicly funded organizations in Minnesota.
QUESTIONS? JUST CALLI
Barb Wright (registration)
Steve Humerickhouse (program questions)
Is (612) 222 -7409 (800) 652.9719
WM , MFORMATION
0
0
Coalition of Greater Minnesota Cities
March 6, 1997 Contact: Laura Petersen
612.226.8840
CAPITOL FAX
Plan to lobby on city City officials should plan to a tend the CGMC membership
accountability and meetings on Wednesday end Thursday, March 12 and 13 to
lobby their legislators on government accountability and city
spending on March spending. A plan of Gov. Arne Carlson's is rumored to
12 -13 inchude levy limits and the elimination of Local Government
Aid. Other legislators around the Capitol have been heard
supporting the ideas. Cities need to talk with their legislators
and let them know that city government is very accountable
and efficient, and that LGA is necessary to keep property
taxes down.
Send `97 budgets to As W of dealing with the city accountability issue, Tim
Flaberty & Koebele Asplund would like opies of your 1997 city budgets. Call
Jim at 612.225.8840 with any questions.
Hearings requested Set. John Hollinger (DFL- Mankato) and Rep. Jim Knoblach
on wastewater (R-St. Claud) have requested hearings on S.F. 6761H.F. 874,
the bill that gives cities the power to petition for an
standards cost - benefit independent analysis of MPCA wastewater standards.
bill Currently, chles are at a tremendous disadvantage in dealing
with the MPCA over out -dated and costly standards. If
hearings are not granted, the CGMC will attempt to amend the
bill to other legislation.
Land -Ilse bills heard; Both the House and the Senate local government committees
CGMC amendments heard land-use legislation this week. H.F. 217 (Opatz), which
added is a mandatory comprehensive planning bill, was amerxied,
passed by the House local government committee, and sent on
to the House environment committee. Several CGMC
amendments were added and we continue to work with Rep.
Joe Opatz to improve the legislation. The Senate committee
heard land -use proposals by Sen. John Hottinger and San.
Steve Morse, but no action was taken. If you would like
copies of the legislation or went more information, call Diane
Koebele at 612.225.8840.
Pension reform The joint House and Senate pension Commission soon will
legislation considered consider major pension reform bills, including the omnibus
public retirement reform bill, and another which modifies
police state aid distributions. Both manures may impact
cities.
Prepared by Flaherty & Koebalc for the Coalition of Grater Xthn sots 612.225.8840
TO'd
££:£T LBST -90 -£0
Cor tact your legislators and make these
oints about property tax reform
& city accountability
♦ Kee the current law inflationary increase in Local Government
Aid Implicit price deflator), and oppose any cuts to LGA.
♦ Oppose any shift of property taxes onto homeowners.
♦ The riorities of property tax reform are (1) circuit- breaker for low -
inco a homeowners, (2) cuts for rental property, and (3) cuts for
smal businesses.
♦ Citie� are the most thrifty and most accountable form of
Increase In spending, 1984 - 1994
(constant dollars per capita /per student)
V1
15%
•
596
Counties Schools State
20'd b£:£i L66i -90 —£0