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cp02-13-1996 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 13, 1996 CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Gerhard Bode, Peace Lutheran Church 3. CONSIDERATION OF MINUTES MINUTES OF REGULAR MEETING OF JANUARY 9, 1996 AND JANUARY 23, l 996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JANUARY 1996 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 95 -162 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING CITY CODE SECTION 6.41 DEALING WITH THE REGULATION OF SECOND HAND GOODS DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10630 - RESOLUTION FOR PURCHASE (c) SNOW REMOVAL PERMIT FOR DOUGLAS PETERSON (d) SOLITRA USA PROMISSORY NOTE (e) APPOINTMENTS TO SNOWMOBILE COMMITTEE: > STEVE DREW, BILL ARNDT, FRED BARLAU - SNOWMOBILE CLUB > LT. SCOTT SCHWARTZ - POLICE DEPARTMENT > VERN HAHN - LUCE LINE TRAIL PRESIDENT > JOHN ARLT OR DOLF MOON - PARKIRECREATION DEPT. > KENNETH JONES - SNOWMOBILE TRAIL COMMITTEE Action - Motion to approve consent agenda 5. PUBLIC HEARING - 6:00 P.M. (a) AMENDMENT TO BUDGET FOR DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 4 (IMPRESSIONS, INC.) Action - Motion to close hearing - Motion to reject - Motion to approve and adopt Resolution CH COUNCIL AGENDA - FEBRUARY 13. 1996 0 (b) LETTING NO. 3, PROJECT NO. 96 -04 (BLUFF STREET /ADAMS STREET) Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to adopt Resolution No. 10631 COMMUNICATION COMMUNICAIIONS, REQUESTS AND PETITIONS (a) UPDATE ON EMPLOYEE TRAINING SESSION ON MEASUREMENT BY CITY ADMINISTRATOR Action - 3 (b) CONSIDERATION OF REQUEST FOR OUT -OF -STATE TRAVEL BY FINANCE DIRECTOR Action - Motion to reject - Motion to approve RESOLUTIONS AND ORDINAN -- SEE CONSENT AGENDA UNFINISHED BUSINESS (a) CONSIDERATION OF 1996 COST OF LIVING ADJUSTMENT (DEFERRED JANUARY 23, 1996) Action - Motion to reject - Motion to approve and adopt Resolution No. 10621 (b) CONSIDERATION OF HCDC FINANCE TEAM RECOMMENDATIONS REGARDING IMPRESSIONS, INC. Action - Motion to reject - Motion to approve (c) CONSIDERATION OF SITE PURCHASE AGREEMENT WITH SIMONSON LUMBER OF HUTCHINSON, INC. RELATING TO BLUFF STREET PROJECT (DEFERRED JULY 11, 1995) Action - Motion to reject - Motion to approve and enter into agreement, contingent upon approval /funding from MN/DOT NEW BUSINESS (a) CONSIDERATION OF HEALTH INSURANCE REVISIONS FOR CITY'S HEALTH INSURANCE PROGRAM Action - Motion to reject - Motion to approve revisions L71 Ll 0 0 t Y ('OLJNCII...%GENDA - FEBRUARY t3, 1996 (b) CONSIDERATION OF 1995 WATER/SEWER FUND REIMBURSE%IENT TO GENERAL FLND Action - Motion to reject - Motion to approve (a) COMMUNICATIONS 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • 0 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 9, 1996 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Thor Skeie. INSTALLATION OF NEWLY ELECTED COUNCIL MEMBER DONALD E. ERICKSON City Attorney Anderson administered the Oath of Office to newly elected Council Member Donald E. Erickson. MI►l . M The minutes of the regular meeting of December 26, 1995 and the special organizational meeting of January 2, 1996 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - DECEMBER 1995 2. HUTCHINSON AREA HEALTH CARE MINUTES OF NOVEMBER 21, 1995 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 95 -162 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING CITY CODE SECTION 6.41 DEALING WITH THE REGULATION OF SECOND HAND GOODS DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. ORDINANCE NO. 95 -163 - ORDINANCE TO REZONE GOEBEL PROPERTY FROM R -1 SINGLE FAMILY RESIDENCE DISTRICT TO I -1 LIGHT INDUSTRLAL DISTRICT (SECOND READING AND ADOPT) 3. ORDINANCE NO. 95 -164 - ORDINANCE FOR AMENDMENT TO ZONING ORDINANCE NO. 464, SECTIONS 8.11, 8.12, 8.13, 8.14 AND 8.15 FOR ADDITION OF PAWN BROKER ESTABLISHMENTS (SECOND READING AND ADOPT) 4. RESOLUTION NO. 10622 - RESOLUTION ADOPTING WATER/SEWER/ REFUSE FUND BUDGET FOR FISCAL YEAR 1996 5. RESOLUTION NO. 10623 - RESOLUTION ADOPTING LIQUOR FUND BUDGET FOR FISCAL YEAR 1996 CITY COUNCIL MINUTES - JANUARY 9, 1996 (c) DISABILITY SETTLEMENT FOR CHARLES NELSON (d) REFUSE HAULING AND RECYCLING LICENSING 1. A. W. DISPOSAL INC. (AAGARD WEST) 2. MCKIMM MILK TRANSIT, INC. 3. WITTE SANITATION (e) CIGARETTE LICENSE FOR SUPERAMERICA (f) AWARD BID TO RANDY'S TREE SERVICE FOR LIMBS AND MISCELLANEOUS STORED WOOD (g) AWARD BID TO DIAMOND 5 CONSTRUCTION FOR SAW LOGS The motion to approve the consent agenda with the exception of item 4 -b(1) was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. Item 4 -b(1)- -City Attorney Anderson stated he had talked to the local pawn broker, and he had no objection to the proposed ordinance. It was the City Attorney's recommendation to defer adoption to the next Council meeting. Following discussion, the motion to defer to the next meeting was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. l elm NONE RESOLUTIONS AND ORDINANCES -- SEE CONSENT AGENDA UNFINISHED BUSINESS NONE NEW BUSINESS (a) PRESENTATION OF "EXCELLENCE PLUS" OBJECTIVES AND PROCESS City Administrator Plotz presented the "Excellence Plus" objectives and the planning process involved. He stated it would be an on -going system with quarterly reporting on its progress. L 0 CITY COUNCIL MINUTES - .IANUARY 9. 1996 (b) CONSIDERATION OF 1997 PLANNING PROCESS CALENDAR FOR 1996 CALENDAR YEAR Planning Coordinator Brenda Ewing reviewed the proposed 1996 calendar year for scheduled meetings. Following discussion, Council Member Mlinar moved to approve the 1996 calendar, seconded by Council Member Erickson and unanimously carried. (c) CONSIDERATION OF ESTABLISHING DATE FOR DIRECTORS' PRESENTATIONS OF YEAR END REPORTS No action was required since this item was included in the 1996 calendar under 9{b). (d) PRESENTATION REGARDING SNOWMOBILING BY BILL ARNDT REPRESENTING SNOW PROS • Two members of the Drift Riders snowmobile club appeared before the Council to request permission for snowmobilers to cross two areas of City property located at Roberts Park and along the airport road. The Drift Riders would maintain the trail and groom it during the winter months. Following discussion of the liability implications, Council Member Criag moved to approve the grant and aid trail and map for snowmobiling purposes. Motion seconded by Council Member Mlinar and unanimously carried. (e) CONSIDERATION OF ACCEPTING RECOMMENDATION FROM CITY ATTORNEY FOR INTERIM LEGAL SERVICES Following discussion, Council Member Mlinar moved to approve the City Attorney's recommendation regarding interim legal services and to issue a recognition plaque to Gina Brandt, Assistant City Attorney. Motion seconded by Council Member Erickson and unanimously carried. (f) CONSIDERATION OF 1996 COST OF LIVING ADJUSTMENT Human Resources Coordinator Hazel Sitz discussed the two percent COLA increase for 1996 and stated that a survey of several communities reflected that the majority were giving a three percent COLA increase. Following discussion, Council Member Craig moved that the Human Resources Coordinator and Finance Director Provide the estimate of the total cost of the 1996 wage package to the City Council in two weeks. Motion seconded by Council Member Mlinar and unanimously carried. (a) COMMUNICATIONS FROM CITY ATTORNEY 0 - Cl'lN COl1NCtL MINUTES - JANUARY 9. 1996 City Attorney Anderson discussed the Hayden/Osgood improvement project issue and requested a closed meeting to discuss potential litigation tactics. Council Member Erickson moved to hold a closed meeting on January 23, 1996, at 4:30 p.m. Motion seconded by Council Member Mlinar and unanimously carried. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz requested approval of a snow removal permit for Brian Wendlandt. Following discussion, the motion was made by Council Member Erickson to approve the snow removal permit, seconded by Council Member Peterson and unanimously carried. Mr. Plotz reported on his response to Council Member Mlinar's memorandum which addressed several areas. ( c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated that he and the Police Chief planned to arrange a meeting with MN/DOT to discuss their concerns on several issues. 11. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 6:38 p.m. Is CITY UTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT I l I HASSAN STREET S.E., HUTCHINSON, MN 55350 PHONE: 612 - 234 -4216 FAX: 612 -234 -4240 SUMMARY OF TYPES OF PERMITS MONTH: January YEAR: 1996 NO. OF PERMITS VALUATION New Single Famly Dwellings New Conominium Units New Townhouses New Duplexes New Multifamily Dwellings TOTAL DWELLINGS New Commercial Industrial Buildings Residential Garages Utility Sheds & Accessory Buildings Residential Remodeling & Additions Commercial Remodeling & Additions 2 5323.000 TOTAL REGULAR PERMITS & VALUATION 2 - $323.000 Manufactured Home Installations 1 Moving Permits Sign Permits 2 Demolition Fences Curb Cut & Apron Residential Reroofs Residential Resides Residential Window Replacements TOTAL NO. OF SPECIAL PERMITS TOTAL NO. OF PERM TS & VALUATION 5 $323.000 �--A, (1 � Ms. Marilyn Swanson Administrative Secretary Hutchinson City Center 111 Hassan Street S.E. Re: Ordinance - Second Hand Goods Dealers Our File No. 3188 -87031 Dear Marilyn: I am enclosing herewith the revised so- called "pawn shop" ordinance which I have sent, by carbon copy, to the Chief of Police and Lt. Kirchoff for their review prior to next Tuesday evening's City Council meeting. As you may recall, this matter was previously before the City Council but at the request to the City's sole pawn shop, it was pulled from the agenda so that I could meet with the owners of the pawn shop to discuss their concerns relating to the ordinance. Let me begin with the observation that the City has had no difficulty with the existing pawn shop operation and, in fact, the chief investigator for the City of Hutchinson, Richard Waage, has prepared a letter essentially commending the pawn shop for its operation. Most of the changes requested by the business operators I do not regard as particularly substantive. In no particular order I would advise you of the following: 1. They had substantial concerns about the detailed nature of the license application process. The purpose for the license application is, of course, to make certain that no prior difficulties have been encountered elsewhere with a particular applicant and to disclose such information has the City may need to determine whether or not to grant a license. I pointed out to the owners of the present business that they are already operating a 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 ARNOLD, ANDERSON & DOVE 1 RO.ESSICNA� � 1,111,1 � CITY �r tiU - ...VSON ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON. MINNESOTA 55350 -2563 OF COUNSEL STEVEN A. ANDERSON RAYMOND C. LALLIER G. BARRY ANDERSON' ( 612)5$7 -7575 JANE VAN VALKENBURG LAURA K, FRETLANO FAX (612 -587 -4096 ARTH_R L. OOTEN DAVID A. BRUEGGEMANN PAUL D. DOVE*' RESIDENT ATTORNEY 586, CEDAR LAKE ROAD RICHARD G. MI,GEE G. BARRY ANDERSON MINNEAPOLIS, MINNESOTA 55 CATHRYN D. REHER (612 GINA M. BRANDT FAX 16 2) 545 -1793 BRETT D. ARNOLD — 501 SOUTH FOURTH STREET 1 130 D..11.. Iv IEs roan PRINCETON, MINNESOTA 55371 February 8, 1996 1612) 3852214 FAX (612) 389 -5506 Ms. Marilyn Swanson Administrative Secretary Hutchinson City Center 111 Hassan Street S.E. Re: Ordinance - Second Hand Goods Dealers Our File No. 3188 -87031 Dear Marilyn: I am enclosing herewith the revised so- called "pawn shop" ordinance which I have sent, by carbon copy, to the Chief of Police and Lt. Kirchoff for their review prior to next Tuesday evening's City Council meeting. As you may recall, this matter was previously before the City Council but at the request to the City's sole pawn shop, it was pulled from the agenda so that I could meet with the owners of the pawn shop to discuss their concerns relating to the ordinance. Let me begin with the observation that the City has had no difficulty with the existing pawn shop operation and, in fact, the chief investigator for the City of Hutchinson, Richard Waage, has prepared a letter essentially commending the pawn shop for its operation. Most of the changes requested by the business operators I do not regard as particularly substantive. In no particular order I would advise you of the following: 1. They had substantial concerns about the detailed nature of the license application process. The purpose for the license application is, of course, to make certain that no prior difficulties have been encountered elsewhere with a particular applicant and to disclose such information has the City may need to determine whether or not to grant a license. I pointed out to the owners of the present business that they are already operating a 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 Ms. Marilyn Swanson February 8, 1996 Page 2 business establishment without any obvious signs of difficulty and under the circumstances, I would have no difficulty in recognizing the present status of their operation and not requiring compliance with the detailed application process. It does seem a little ridiculous to require the existing business to submit to a detailed investigation when they are already present and successfully operating a business without any difficulty and having been doing so for the last four years. Accordingly, you will find in subd. 7 (a) I have inserted language indicating that the license application process governs applications submitted after January 1, 1996. 2. The ordinance as drafted requires a photographic record of everyone submitting a firearm for sale or loan. This was virtually the only substantive change requested by Security in that they already deal a great deal with business in terms of firearms and no problems have been encountered. Taking a photograph of each person entering the business for the purpose of pawning a firearm is a cumbersome and time consuming process. Some communities require such a record and others do not and in the absence of any demonstrated need for such a photographic record, I would recommend that we leave the requirement out of the ordinance at the present time. 3. The ordinance as previously drafted required daily reports to the police department. Security reports to me that the police department actually has needed these reports only on a weekly basis if that and therefore I have substituted language which allows for weekly reports or as demanded by the police department. 4. The ordinance as previously drafted requires a 30 day holding period for items received by the licensee for which a report is to the city policy is required and Security has requested that the time period be made 14 days which is consistent with State law. 5. I have deleted the prior requirement that the licensee pay for all goods bought for pawn by check. Security pointed out that while they started out fully intending to issue checks what they discovered is that in many cases the item is pawned or sold after normal working hours and the reason for pawning or selling the item, the need for immediate cash, is defeated by a check requirement and Security was then asked by the recipient Ms. Marilyn February 8, Page 3 Swanson 1996 of the check if they would please hand over cash in exchange for an endorsement on Security's check? The point seems to be a reasonable one and I have deleted the paragraph in question. I thought the meeting was productive. I advised Security that the final decision on the shape and language of the ordinance will be made by the City Council and that I would also want the consent of the police department as to these changes. I am also enclosing for the Council packet a copy of Investigator Waage's letter regarding the present operators. Thank you. Best regards. Very ;VUEERSA you ARNOL D E, P.L.L.P. G. ga'r� Anderson GBA:lm Enclosures CC Chief Steve Madson Lt. Ron Kirchoff 0 . ORDINANCE NO. 95_16" 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF KUTCHINSON, MINNESOTA, ADDING CITY CODE SECTION 6.41 DEALING WITH THE REGULATION OF SECOND HAND GOODS DEALERS AND PAWN SHOPS; AND, ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 6.41 is added and shall read as follows: SEC. 6.41. PAWN BROKER'S LICENSES. Subd. 1. Purpose. The City Council finds that pawnbrokers potentially provide an opportunity for the commission and concealment of crimes. Such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawn brokers. The purpose of this section is to prevent pawnbroking businesses from being used as facilities for commission of crimes and to ensure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the City. Subd. 2. Definitions. The following terms, as used in this Section shall have the meanings stated: A. "Minor" means any natural person under the age of 18 years. B. "Oversized items" means large items such as cars, boats, and other motorized vehicles and motorized equipment. C. "Pawnbroker" means a person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price; or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this section shall be applicable. Any bank, savings and loan association, or credit union shall not be deemed a pawnbroker for purposes of this section. D. "Person" means one or more natural persons; a partnership, including a limited partnership; a corporation; including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. 7 E. "Secondhand item" means tangible personal property, excluding motor vehicles, which has been previously used, rented, owned or leased. Subd. 3. License Required. No person shall engage in the trade or business of pawnbroker within the city unless such person is currently licensed under this ordinance. Subd. 4. Exceptions to License Requirement. A. A person who holds a motor vehicle dealer license is exempt from the terms of this ordinance with respect to motor vehicles. Subd. 5. Persons Ineligible. The following are not eligible for licensure under this Section: A. Anyone not a citizens of the United States or a resident alien; B. A minor at the time the application is filed; C. Anyone who has been convicted of any crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of pawnbroker or precious metal dealer under Minnesota Statutes, Section 364.03, Subdivision 3, or a person not of good moral character and repute; D. Anyone who holds a liquor license; E. Anyone who, in the sole judgment of the City Council, is not the real party in interest or beneficial owner of the business operated under the Uggpap, , _..., —,— — F. Anyone who has had a pawnbroker license revoked anywhere within five years of the license application. G. In the case of an individual, anyone who is not a resident of McLeod County; in the case of a partnership, the managing partner is not a resident of McLeod County; or in the case of a corporation, the manager is not a resident of Mcleod County. The required residency must be established by the time the license is issued and maintained throughout the existence of the license and all renewals. The time for establishing residency, for good cause, be extended by the Council. Subd. 6. Places Ineligible. The following places are not eligible for licensure under this Section: A. No license shall be issued for any place or any business ineligible for a license under City Ordinance or State law. 0 . B. No license shall be issued for a place or business which holds a liquor license. C. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City or other government agency are delinquent and unpaid. Subd. 7. License application. A. In addition to any other information required by any other government agency, every application for a license under this Ordinance submitted after January 1, 1996 shall be made on a form supplied by the City, shall be verified and shall contain not only the following information, but such other information as the City may reasonably require: 1. Representations as to the applicant's character; 2. The business in connection with which the proposed license will operate; 3. Whether the applicant is the owner and operator of the business and if not, who is; 4. Whether the applicant has ever used or been known by a name other than his /her true name, and if so, what was the name, or names, and information concerning dates and places where used; 5. Whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse; 6. Street address at which applicant and spouse have lived during the preceding ten years; 7. Kind, name and location of every business or occupation applicant has been engaged in during the preceding ten years; 8. Names and addresses of applicant's and spouse's employers and partners, if any, for the preceding ten years; 9. Whether the applicant or spouse has ever been convicted of a violation of any state law or local ordinance, other than a non - alcohol related traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had; 10. Whether the applicant or spouse has ever been engaged as an employee or in operating a pawnshop or other business of a similar nature. If so, applicant shall furnish information as to the time, place and length of time. 11. Whether the applicant has ever been in military service. If so, the applicant shall, upon request, document all discharges. 12. If the applicant is a partnership, the name and address of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner, or partners, shall be designated. The interest of each partner, or partners in the business shall be submitted with the application and, if the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statute, Chapter 333, a copy of the certificate certified by the District Court Administrator shall be attached to the application. 13. If the applicant is a corporation or other organization, the applicant shall submit the following: a. Name, and if incorporated, the state of incorporation; b. A true copy of the certificate of incorporation, articles of incorporation or association agreements; c. The name of the manager or proprietor or other agent in charge of, or to be in charge of the premises to be licensed, giving all information about said person as is required in the case of a single applicant. d. A list of all persons who, single or together with their spouse own or control an interest in said corporation or association in excess of five percent or who are officers of said corporation or association, together with their addresses and all information as is required for a single applicant. 14. A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by State of City employees in case of emergency. 15. Whether the applicant holds a current pawnbroker license from any other governmental unit and whether the applicant is licensed under Minnesota Statutes, Section 471.924 or 325F.731 to 325.744. 16. Whether the applicant has ever been denied a pawnbroker license from any other governmental unit. 17. The location of the business premises. 18. The legal description of the premises to • be licensed including a map of the area for which the license is sought, showing dimensions, locations of building, street access and parking facilities. 19. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. 20. Other information which the City deems appropriate. No person shall make a false statement or material omission in a license application or investigation. Any false statement or material omission shall be grounds for denial, suspension, or revocation of a license. Each licensee shall have the continuing duty to properly notify the City Administrator of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of the license. Failure to comply with this section shall constitute cause for revocation or suspension of the license. The application for the renewal of any existing license shall be made at least 90 days prior to the date of the expiration of the license and shall be made on the form which the Council provides. Subd. B. Fees A. Every applicant for a license shall pay to the City the investigation fee specified by the City. This fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the Council believes that the public interest so warrants, it may require a similar investigation at the time of renewal of any license. If an investigation is ordered by the City Council at the time of license renewal, the applicant shall pay the fee specified above, except that the fee shall be the smaller of the stated dollar amount or the actual cost of the investigation. There shall be no refund of the investigation fee for any person after the investigation has begun. B. The annual fees for a pawnshop license shall be established by the City Council by resolution. C. the year in which the license year months remaining fraction of a monl have elapsed. D. Each license shall expire on December 31st of it is issued. Fees for licenses issued during shall be prorated according to the number of in the year. For this purpose an unexpired .h shall be counted as a whole month which shall No refund of any fee shall be made except as authorized by the City Council. Subd. 9. Bond required. At the time of filing an application for a license, the applicant shall file a bond in the amount of $5,000 with the City Administrator. The bond, with a duly licensed surety company as surety thereon, must be approved as to form by the city attorney. Said bond must be conditioned that the licensee shall observe the ordinances of the City, in relation to the business of pawnbroker, and that the licensee will account for and deliver to any person legally entitled thereto any articles which may have come into the possession of the licensee as pawnbroker or in lieu thereof such licensee shall pay the person or persons the reasonable value thereof. Subd. 10. Grenting of Licenses. A. No license shall be issued until the Police Department has conducted an investigation of the representations set forth in the application, the applicant's moral character, and the applicant's financial status. All applicants must cooperate with this investigation. B. No license shall be issued until the Council has held a public hearing in such manner as the Council may direct. At the public hearing all persons interested in the matter shall be heard, and the hearing may be adjourned from time to time. No hearing shall be required for a renewal of a license, but the Council may, in its sole discretion, hold such a hearing. C. After investigation and hearing, the Council shall, at its discretion, grant or deny the application. D. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the Council in the same manner as an application for a new license. Transfer of 25 percent or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior Council approval is a ground for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining Council approval shall be a separate violation of this ordinance. E. Any application for a license may be considered by the City Council at the same time an applicant is requesting any land use approvals needed for the site, including site plan review, 40 0 A rezoning, or an amendment to the Comprehensive Guide Plan. Final approval of a license shall not be granted until the City Council has given at least preliminary approval to any necessary land use request. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises. F. In the case of the death of a licensee, the personal representative of a licensee may continue operation of the business for not more than 180 days after the licensee's death. Subd. 11. Maintenance of Peace. Every licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of any employee of the licensed premises is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. Subd. 12. Display of License. Every license must be posted in a conspicuous place in the premises for which it is used. Subd. 13. Record Keeping. At the time of a receipt of an item of property, every licensee shall immediately record, in English, in an indelible ink, in a book or journal, which has page numbers that are preprinted the following information: i A. An accurate description of the item of property including, where practical, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; B. The date and time the item of property was received by the licensee. C. The name, address, and date of birth and reasonable accurate physical description of the person from whom the item of property was received. D. The amount of money loaned upon or pledged for the item. E. The identification number from one of the following forms of identification of the person from whom the item was received: 1. a valid Minnesota photo driver's license; 2. a Minnesota photo Identification card; 3. a photo identification card issued by the state of residency of the person from whom the item was received, and one other valid form of identification; 4. passport; or 5. military photo identification. F. Such other information as law enforcement officials or the City may reasonably require. Subd. 14. Inspection of Records. The licensee shall make available the information required above at all reasonable times for inspection by Law Enforcement Officials. The information required in Subsection 4 shall be retained by the pawnbroker for at least four years. Subd. 15. Receipts. The licensee shall provide a receipt to the seller or pledger of any item of property received, which shall be numbered to correspond to the entry in the licensee's records and shall include: A. The name, address, and phone number of the pawnbroker. B. The date on which the item was received by the pawnbroker. C. A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold, and whether it was pawned or sold. D. The last regular business day by which the item must be redeemed by the pledger without risk that the item will be sold and the amount necessary to redeem the pawned item(s) on that date. E. The service charge or the annual rate of interest charged on pawned items received. F. The name and address of the seller or pledger. Subd. 16. Reports to Police. For the types of items listed below, the licensee must submit to the Hutchinson Police Department on a regular basis but in any event on demand a list of the specific items purchased or received that day. The list must be on forms approved by the City. A. Any item with a serial number, identification number, or "Operation Identification" number; B. Cameras; C. Electronic, audio, video or radar detection equipment; D. Precious jewelry, gems and metals; E. Artist- signed or artist - attributed works of art; F. Firearms; . G. Any item not included in (A) - (F) above which the licensee intends to sell for more than $200, except for furniture and kitchen or laundry appliances. Subd. 17. Police Restrictions on Sale or Redemption. Whenever the City Police Department notifies the licensee not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the City Police Department. Subd. 18. Redemption or sale. Any item received by the licensee for which a report to the City police is required shall not be sold or otherwise transferred , or in the case of precious metal, melted down or dismantled, for 14 days after the date of such report to the police. Subd. 19. Inspection of Items. A. Inspection by City. The licensee shall, at all times during the term of the license, allow the City Police Department to enter the premises where the business is located and any other premises where items purchased or received as part of the business are stored, for the purpose of inspecting such premises and the merchandise therein to locate items suspected or alleged to have been stolen or otherwise improperly disposed of. B. Inspection by Claimants. Additionally, all the items coming into possession of the licensee shall at all times be open to inspection and right of examination of any person claiming to have been the owner thereof or claiming to have any interest therein, when such person is accompanied by a police officer. The licensee may require, prior to inspection, a reasonable description of the property from the party claiming ownership or an interest in the property. Subd. 20. Gambling. No licensee may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables, or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under Minnesota Statutes, Section 349.11 - 349.61, may be kept or operated and no raffles may be conducted on the licensed premises or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minnesota Statutes, Section 349!.01 - 349A.15. Subd. 21. Oversized Items. All items must be stored within the licensed premises building, except the City may permit the licensee to designate one locked and secured warehouse building within the City which the licensee may store oversized items. No item may be stored in the designated warehouse building that is not reported in the journal. The licensee shall permit immediate inspection of the warehouse at any time during business hours by the City and failure to do so is a violation of this Ordinance. Oversized items may not be stored in parking lots or other outside areas. All provisions regarding recordkeeping and reporting shall apply to oversized items. Subd. 22. Off Site Sales /Storage. All items accepted by a licensee at a licensed location in the City shall be for pledge or sale through a licensed location in the City. Licensee shall be responsible for maintaining adequate records to demonstrate ownership for the sale or pledging of items acquired at appropriately licensed facilities located in other cities. Subd. 23. Restrictions on Weapons. A. A licensee may not receive as a pledge or otherwise, or accept for consignment or sale, any firearm as defined in section 515.01, Subd. 3 of this Code, unless the licensee also maintains a federal firearms dealer's license. B. A licensee may not receive as a pledge or otherwise, or accept for consignment of sale, any assault weapon as defined in section 515.01, Subd. 2 of this Code. C. A licensee may not use out of state identification for the sale, consignment or pawning of any fire arm. Subd. 27. Suspensions and Revocations of License A. Delinquent Taxes. The City Council may suspend or revoke a license issued under this Chapter for operation on any premises on which real estate taxes, assessments or other financial claims of the City or of the State are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of Minnesota Statutes Chapter 278, questioning the amount of validity of taxes, the Council may on application by the licensee waive strict compliance with the provision; no waiver may be granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding one year after becoming due unless such one year period is extended through no fault of the licensee. B. Violations. The Council may either suspend for up to 60 days or revoke any license or impose a civil fine not to exceed $2,000 for each violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statute Section 14.57 to 14.69. Any conviction by the licensee for theft, burglary, robbery, receiving stolen property or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder. 0 0 0 Section 2. City Code Chapter 1 entitled "General Provisions and Definitions applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this _ day of 1995. Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator Published in the First reading:_ Second reading: lJ Hutchinson Leader J RESOLUTION NO. W630 0 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Screening System $ i 3,538 Replacement WWTP Yes Nott Company . The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. I BUDGET I VENDOR Date Approved: February 13 1996 Motion made by: Seconded by: Resolution submitted for Council action by: REMOVAL ----PERMIT T o j h 40 ...... �F ... COU.N.C.1- ..... .................. . . . ...... .. ............ - ................... ... ... ................. ..... ...... I . ............... . I— ....... 0/ ohs ..... .... Cin .......... .... ....... ... ... 0 /_jR7a11SN N0 ....... ..... - .................... ........................................ --in the County of ..................... MC-LUD"... ....... ........ ....... . state of Mlnnejota Th4 unJorttined owner who" name and address IR. ........................... . ............. . ................. Aerft applies for a permit to ......... PLOW AND REMOVE WITH � ....... . .... .. ................. . ...... . . ........ ....... ........ . . ........... ............... : , : . Upolt that certain tract of land described at foWwo: Lot ........................................... ....; Block. ....... ._..._.........,.- ....,... - ._. plat addltlom ............... .................... . ....... . ............... .. .......................... ; address .........._............. Which to of the foltowtnj st" and area; width ........... .. .... . ... ....... . .............. feet; Zenith feet; dred ..... W ITHIN ... THE ... C I TY . .... LIMITS ... . ............. .......... . ........... .................... ...... L ....... ....................... ....... .... - .................... and hereby afire" that, In case such permit is granted, that all work which shall be done and all m&UrLate which shall be used Mall comply with me plane and opeelfloattone therefor herewith submitted and with all the ordIndne" of said. ......... CITY OF HUTCHINSON dppltoabU thereto. applicant further afre" to pay fees or assessments at the time and In the amounts 8pecifted as .............. .. .. 610.'991 ...................................... I . . ............ .................... .................... . ... . .................... . ..................................... ....... ................ i. �'. f'k. ..... . .............. I ....... ...... -.1 .................................. ......................... . .. ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . - PAID Owner 0 ARNOLD. ANDERSON & DOVE PROFESSIONAL LIMITED LABILITY PARTNERSHIP 0 E DAVID B. ARNOLC STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL O. DOVE" RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 1Lf0 AOMITL(O IN 1.L AND NCW YORM Ms. Marilyn Swanson Administrative Secretary Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 507 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON February 6, 1996 Re: Solitra USA Promissory Note Our File No. 3244 -93083 Dear Marilyn: CITY i)F HLJ ASON COUNSEL RA-3NO C. LALLIER JANE SAN VALKENBURG AR L. OOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 16 2 -9000 FAX 1612) 545.1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (6' 2) 3832214 FAX 1 612)369 -5506 I am enclosing herewith a Promissory Note by and between the City of Hutchinson and Solitra USA. This Promissory Note essentially contemplates a line of credit between Solitra USA and Hutchinson Community Development Corporation, but like other financial obligations, is in the name of the City of Hutchinson. The general terms of the Promissory Note were a part of the economic development package that attracted Solitra to the City of Hutchinson in 1995. This document has been sent to Solitra USA for review by its attorneys and I would anticipate the probability of some minor changes between now and February 13 when the matter will be considered by the City Council. I will advise the Council of any changes at the time of the meeting. This particular matter should be placed on the Agenda as a discussion item. Should you have any questions or comments in connection with any of the foregoing, you certainly should feel free to contact me. Thank you. Best regards. Very truly yours, ARNOLD, AND SON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm Enclosure } /�J CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION y 1 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 REVISED COPY CJ a z aA :•; • March 1, 1996 Hutchinson, Mn. • FOR VALUE RECEIVED, Solitra USA, Inc., a Minnesota corporation (hereinafter referred to as "Borrower "), promises to pay to the order of the City of Hutchinson, a Minnesota municipal corporation, (hereinafter referred to as the "City "), at its office at 111 Hassan Street S.E., Hutchinson, Minnesota, or at such other place designated from time to time by the City, the principal sum of One Hundred Thousand and no /100 Dollars ($100,000.00), or so much as may be disbursed to Borrower for equipment or working capital up to the maximum amount of One Hundred Thousand and no /100 Dollars ($100,000.00), together with interest on the unpaid principal balances from time to time remaining at the rate of seven percent (7 %) per annum. The entire balance of principal and interest and all other amounts due hereunder, shall be payable in full, if not sooner paid, at the close of business on February 28, 1997. Payments will be applied first to accrued interest and balance shall be applied on principal. The unpaid principal balance of this Note, together with all unpaid accrued interest, shall, at the option of the City, or the holder hereof, become immediately due and payable upon the occurrence of any one or more of the following: 1. The Borrower shall default on the payment of any sum due hereunder; or 2. The Borrower shall default in the observance or performance of any of the terms or conditions of the City of Hutchinson Industrial Development Loan Program and Deferred Loan Repayment Agreement and Mortgage entered into by and between the parties on September 12, 1995. The Borrower shall pay all costs, including reasonable attorney's fees and legal expenses, incurred by the City of Hutchinson in collecting or enforcing payment hereof, whether suit be brought or not, anything herein or in the Mortgage to the contrary notwithstanding. The remedies of the City of Hutchinson, as provided herein, and in the Deferred Loan Repayment Agreement and Mortgage shall be cumulative and concurrent, may be pursued singly, successively, or together, at the sole discretion of the City of Hutchinson, and may be exercised as often as occasion therefore shall occur, and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The Borrower shall have the privilege at any time hereafter to prepay this Note in full or in part without penalty. Any such prepayment shall be applied first to accrued interest and the balance towards principal. 3), If the Borrower, or the successors or assigns of the Borrower, • without the consent of the City of Hutchinson, sells, agrees to sell, or otherwise conveys the real estate described in the Deferred Loan Repayment Agreement and Mortgage by and between the parties, the City of Hutchinson, at its option, may declare the whole sum then remaining unpaid hereon immediately due and payable without notice. The Borrower hereby waives presentment, demand, notice of dishonor and notice of protest. .per The undersigned enters i`to this Promissory Note with the understanding that the parties will enter into discussions regarding an extension of the Promissory Note prior to the maturity hereof. SOLIT USA, INC. By: Its: P43111E7f7' 0 / PUBLISHED IN THE HUTCH - THURSDAY, JANUARY 25, 1 - -- 0 PUBLICATION N0. 4894 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 4 CITY OF HUTCHINSON, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Hutchinson (the "City ") will hold a public hearing on proposed amendments (the "Amendments ") to the Development Program for Development District No. 4 of the City (the "Development District ") and the Tax Increment Financing Plan for Tax Increment District No. 4 ( "Tax Increment District No. 4 ") at 6:00 p.m. on Tuesday, February 13, 1996, in the Council Chambers at the Hutchinson City Center, Hutchinson, Minnesota. • The proposed Amendments authorize the City to provide tax increment financing assistance in connection with the development by Impressions, Inc. of a new manufacturing facility in the Industrial Park in the City on land included in the Development District and Tax Increment District No. 4. Tax increment revenue to be used to provide such tax increment financing assistance will be derived from Tax Increment District No. 4. Accompanying this notice is a map showing the area included in the Tax Increment District No. 4 which is the area from which tax increments from the Tax Increment District No. 4 may be collected, and a map showing the area included in the Development District, which is the area in which tax increments from the Tax Increment District No. 4 may be expended. All who wish to be heard as to the Amendments will be given an opportunity to express their views at the time of the public hearing or may file written comments with the City Administrator prior to the public hearing. i !/j �.� • Tax Increment IMPRESSIONS INCORPORATED '060UJES - G ATE DR/E•ST PAJ_ P VVESC -A• 4 -'067 December 21, 1995 Mr. Dick Lennes Hutchinson Community Development Corp. City Center Building 111 Hassan St. S.E. Hutchinson, MN 55350 Dear Dick, Mr. Dan Sheff asked me to respond to you regarding the importance of TIF to our project. The Company's purpose of requesting assistance as opposed to conventional means of financing is due to the competition, unanticipated working capital requirements, and the additional risks associated with outstate expansion. The Company's competitors in neighboring states have the ability to receive favorable rates and terms. The project will create a degree of leverage that may inhibit the Company from receiving a line -of- credit for unanticipated working capital requirements in the future. Finally, the Company would only consider this project in Hutchinson with such assistance. Labor and training costs could be considerable in comparison to expanding at their current site. It is for these reasons the Company is asking the City of Hutchinson for assistance. Utilization of both tax increment and the Hutchinson Fund will enable the Company to preserve cash equity for future growth and unanticipated training, construction start up and equipment costs. Sincerely, 4-4 V'-k Steven E. V upchinski Chief Financial Officer 16 E AMENDMENTS TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 4 • CM OF HUTCHINSON, MINNESOTA APPROVED FEBRUARY 13, 1996 -5- A, • AMENDMENTS TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO, 4 A. Recitals The City of Hutchinson has pursuant to Minnesota Statutes, Sections 469.124 to 469.134 (the "Development District Act "), approved a development program and amendments thereto (the "Development Program") fot Development District No. 4 (the "Development District ") in the City. Property included in Development District No. 4 includes property located in the Central Business District of the City, the shopping center located in the southern portion of the City portions of the industrial park in the City, property adjacent to the Central Business District of the City on which a senior housing facility is located and property located in the southern portion of the City on which a townhouse development is located. In order to finance the costs of the Development Program the City has approved a Tax Increment Financing Plan and amendments thereto (the "Financing Plan "), which establishes a tax increment financing district which has been designated by the City as Tax Increment Financing District No. 4 ( "District No. 4 "). . B, nam *i ie5olnnmen# Program and Financing Plan (i) al n . The City amends the Development Program pursuant to the Development District Act to authorize the City to undertake activities with respect to the development of property located at 1050 Superior Street in the industrial park area of the City, which property is already included in the Development District and District No. 4. Impressions incorporated is proposing to construct an approximately 35,000 square foot facility on such property (the "Project "). Certain costs of the Project are proposed to be paid or reimbursed from tax increment to be derived from District No. 4. {ii) S a pment and Rin t*+S of Public_P_uxD45f` The City has found that there is a need for the Project based upon the following conditions: I. Development of property in the City requires active promotion, attraction, encouragement and development of economically sound industry and commerce through government action. 2. It is found that the Project will provide employment opportunities, improve the tax base and improve the general economy of the City and surrounding area. The City has previously determined to include the property on which the Project is to be located in the Development District and District No. 4 to provide • impetus for private development, to maintain and increase employment opportunities, to provide infrastructure to serve citizens and employees of the City and to provide other facilities as are outlined in the Development Program. The City has also determined that the Project would not occur solely through private investment in the foreseeable future, The City finds that the welfare of the City as well as the State of Minnesota requires active promotion, attraction, encouragement and redevelopment of economically sound industry and commerce to carry out its stated public purpose objectives. The City has also determined that the Financing Plan is consistent with the Development Program; and that the Financing Plan affords maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise. (iii) Statement of Objectives The City determines that this modification of the Development District will provide the City with the ability to achieve certain public purpose objectives with respect to the Project not otherwise obtainable in the foreseeable future without City intervention in the normal development process. By providing assistance to the Project the City seeks to achieve the following objectives of the Development Program: 1. Work cooperatively with other local organizations, the Hutchinson Community Development Corporation and other governmental agencies in promoting projects which will improve the City infrastructure, increase employment, and add to the tax base of the City. 2. Promote and secure additional employment opportunities within the Development District, thereby improving living standards, reducing unemployment and the loss of skilled and unskilled labor. 3. Encourage local business expansion, improvements, and development whenever possible. 4. Encourage and provide maximum opportunity for private development which are compatible with the Development Program. (iv) Envilonmental C optjgla- It is anticipated that the development of the Project will not present any major environmental concerns. All city actions, -2- 0 public improvements and private development will be carried out in a manner that . complies with applicable environmental standards_ (v) p u bli c Far;1; ±;a< t ho Constructed Public facilities constructed in connection with the Project will be financially feasible and compatible with the City's long range development plans. Such facilities may include street, utilities, storm sewers and drainage improvements. (vi) Re ocatlon The City accepts its responsibility for providing for relocation pursuant to Section 469.133 of the Act. If relocation is necessary, provision will be made in accordance with Minnesota Statutes, Sections 117.50 through 117.56, inclusive. (vii) "a °' °`'"' " ^^ ^f D vPlonmen District Maintenance and operation of the public improvements is the responsibility of the administrator of the Development District. Each year the administrator will submit to the City Council the maintenance and operation budget for the following year. The administrator administers the Development District pursuant to the provisions of Section 469.131 of the Act; provided, however, that such powers may only be exercised at the direction of the City Council. No action taken by the administrator shall be effective without authorization by the City Council. The City has not created and does not anticipate the need to create an . advisory board to advise th City Council on the planning, construction or implementation of the activities and improvements outlined in the Development Program. C. Am nd ent to Financing Plan (i) Additional Expmd ,rP¢ or la 1nCremei�l i«ia +� The City amends the Financing Plan pursuant to Minnesota Statutes, Sections 469.174 to 469.179, to authorize the additional expenditure of up to $750,000 in tax increment revenue derived from District No. 4 to pay or otherwise finance costs related to the Project, including, but not limited to administrative costs of the City, public utilities and public improvement and land preparation. Such use of tax increment derived from District No. 4 to pay costs of the Project as described above is hereby authorized. Such costs may be paid directly from tax increment derived from District No. 4, or may be paid indirectly from tax increment derived from District No. 4, by the reimbursement to the owner of the Project of amounts paid for such costs. ' is estimated fiscal and economic implications of the additional expenditures of tax It 0 .3- increment revenue derived from District No. 4 authorized by these Amendments will be as follows: • The local governmental units other than the City which are authorized by law to levy ad valorem property taxes in the area where District No. 4 is located are Independent School District No. 423, McLeod County and the Hutchinson HRA (the local government units). After the establishment and during the continuation of District No. 4, as a result of the implementation of the Development Program and the improvements in District No. 4 there has been an increase in the tax capacity of the taxable property in District No. 4. If the tax increments derived from District No. 4 are not applied to pay the additional expenditures described herein, District No. 4 would terminate earlier than would otherwise be the case assuming ad valorem taxes are paid with respect to the taxable property in District No. 4 in the anticipated amounts. Upon such termination such increased tax capacity would be available for taxation by the local governmental units. However, as a result of these Amendments such increase in tax capacity will not be available for taxation by the local governmental units until a later date. (iii) DCte in ions in Original Financing P_ lan The determinations made in the Financing Plan with respect to designation of District No. 4 as a Redevelopment District, the impact of the establishment of District No. 4 and the implementation and undertaking of the Development Project and the captured tax capacity of District No. 4 are not affected by these Amendments and such determinations remain in full force and effect following the adoption of these Amendments. (iv) Additional AmendMrnts to Plan The City reserves the right to further amend or modify the Financing Plan, subject to the provisions of state law regulating such action. -4- • . CERTIFICATE CITY OF HUTCHINSON I, the undersigned being the duly qualified City Administrator of the City of Hutchinson, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting held on 1996, at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. Resolution Approving Amendments to Development Program for Development District No. 4 and Tax • Increment Financing Plan for Tax Increment District No. 4 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent /abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand official as such City Administrator and the seal of said City, this day of 1996. (SEAL) Gary D. Plotz, City Administrator RESOLUTION NO. RESOLUTION APPROVING AMENDMENTS TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 4 BE IT RESOLVED by the City Council (the "Council ") of the City of Hutchinson, Minnesota (the "City "), as follows: Section 1. Recitals 1.01. It has been proposed that the City modify the Development Program for Development District No. 4 and the Tax Increment Financing Plan for Tax Increment District No. 4, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, inclusive, as amended, and Minnesota Statutes, Sections 469.174 to 469.179, inclusive, as amended, in order to authorize the City to make certain expenditures with respect to the development by Impressions Incorporated of its approximately 35,000 square foot facility in the industrial park area of the City. 1.02. The Council has investigated the facts and has caused to be prepared amendments (the "Amendments ") to the Development Program (the • "Program ") for Development District No. 4 ( "Development District No. 4 ") and to the Tax Increment Financing Plan (the "Plan") for Tax Increment District No. 4 (the "Tax Increment District "). 1.03. The City has performed all actions required by law to be performed prior to the approval of the modification of the Program and amendment of the Financing Plan by the Amendments and the approval of the Plan, including, but not limited to, notification of McLeod County and School District No. 423, and the holding of a public hearing upon published notice is required by law. Section 2. ' - '' ifi"tinn of Deve pme_nt District No. 4 and the Amendment of the _Fimnri_ngPI -n L ARdAh l e - Ap-proval of the Argndment 2.01. The Council hereby finds that the modification of Development District No. 4 and amendment of the Financing Plans by the Amendments are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development of property in the City, to increase employment and otherwise promote certain public purposes and accomplish certain objectives as specified in the Program as amended by the Amendments. A • 2.02. The Council further finds that the proposed development, in the opinion of the Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefor, the use that the Financing Plan conforms to of tax increment financing is deemed necessary, the general plan for the development or redevelopment of the City as a whole; and that the Financing plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. 2.03. The Council further finds, declares and determines that the City made the above findings stated in Section 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.01. The Amendments are hereby approved and adopted, and shall be placed on file in the office of the City Administrator. 3.02. The City staff, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program as amended by the Amendments and for this purpose to negotiate, draft, prepare and present this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. • Dated: February 13,1996. Mayor 0 (SEAL) City Administrator -2- EXHIBIT A TO RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Amendments to Tax Increment Financing Plan for Tax Increment District No. 4 as re uired pursuant to Minnesota Statutes, Section 469.175, subdivision 3 are as follows: I. Finding that the Tax Increment District No. 4 is a redevelopment district as defined in Minnesota Statutes, Section 469.175, subd.10. The City has previously found that Tax Increment District No. 4 is a redevelopment district and such finding is not affected by the Amendments. 2. Finding that the proposed development, in the opinion of the Council., would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. Due to the high cost of developing the property by Impressions Incorporated, the proposed development is only economically feasible through the use of tax increment financing assistance. 3. Finding that the Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The site is appropriately zoned for the use proposed by Impressions Incorporated. The Financing Plan has previously been reviewed by the Planning Commission and has been found to conform to the general development plan of the City. 4. Finding that the Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 4 by private enterprise. The tax increment assistance authorized by the Amendments will result in the development of industrial property in the City by a private landowner. 0 A 0 PUBLICATION NO. 4893 NOTICE OF HEARING ON PROPOSED IMPROVEMENT LETTING NO. 3 PROJECT NO. 96 -04 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 P.M. on the 13th day of February, 1996, to consider the making of an improvement of Bluff Street and Adams Street from 4th Avenue NE to Washington Avenue by storm sewer, sanitary sewer and services, w and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. The estimated City Cost of said improvement is $87,200.00 with an estimated$ 500,000.00 State Cost, $350,000.00 Federal Cost and $50,000.00 Assessable Cost, for the total estimated cost of $987,200.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: January 24, 1996. PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, FEBRUARY 1ST, 1996 AND THURSDAY, FEBRUARY 8TH, 1996. RESOLLTION NO, 10631 RESOLLTION ORDERING IMPROVEMENT • AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 3 PROJECT NO. 96 -03 WHEREAS, a resolution of the City Council adopted the 23rd day of Januarv, 1996, fixed a date for a Council Hearing on the improvement of Bluff Street and Adams Street from 4rh Avenue Ni to Washington Avenue by storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and appurtenances. AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 13th day of February, 1996, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 23rd day of January, 1996. 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 13th day of February, 1996. Mavor City Administrator 0 A February 9, 1996 Funds have been budget which would allow the attendance at the National GFOA conference at Portland Oregon May 19 - 22. I would request council approval to attend this conference and have attached the preliminary conference schedule. CC J, Cin' Center Parks & Recreation Police Services I l I Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutclunson..UN 55350 -2522 Hutchinson, 61,V 55350 -3097 :7 Hutchinson, hLV 55350 - _'-164 (6121587 -5151 (012) 587 -2975 P ( 612) 587 -2242 Fax(612)234 -4240 Fav (612) 234-4240 Fa (612) 587 -6427 - Primed on recycled paper - _ r - -�, 1L.r f X1 PRELIMINARY CONFERENCE SCHEDULE Friday. May 17, 1996 1:30 p.m. - 5 p.m. Preconference Seminars Saturday, May 18, 1996 9 a.m. - 5 p.m. Standing Committee 9 a.m. - 10 a.m. Meetings (Open to 10:15 a.m. - 11:45 a.m. Public) 9 a.m. - 5 p.m. Preconference Seminars 10 a.m. - 5 p.m. Conference Registration Sunday, May 19, 1996 (delegates only) 9 a.m. - 5 p.m. Conference Registration 9:30 a.m. - 5 p.m. Exhibit Hall Open 12:30 p.m. - 1:30 p.m. Women's Network 1:30 p.m. - 2:30 p.m. Concurrent Sessions 2:45 p.m. - 3:45 p.m. Concurrent Sessions 3:45 p.m. - 4:45 p.m. Black Caucus 6 P.M. - 8 P.M. Welcome Reception (delegates, exhibitors & guests) Monday, May 20, 1996 8 a.m. - 5 p.m. Conference Registration 8:30 a.m. - 10:15 a.m. Opening General Session 9:30 a.m. - 1:30 p.m. Exhibit Hall Open 10:30 a.m. - Noon Concurrent Sessions 12:15 p.m. - 1:30 p.m. Lunch for Delegates only 1:45 p.m. - 3:15 p.m. Concurrent Sessions 3:30 p.m. - 5 p.m. Concurrent Sessions 3:30 p.m. - 5:30 p.m. Exhibit Hall Open Tuesday, May 21, 1996 8 a.m. - 11:45 a.m. Exhibit Hall Open 9 a.m. - 10 a.m. General Session 10:15 a.m. - 11:45 a.m. Concurrent Sessions Noon - 1:30 p.m. Annual Business Luncheon (delegates only) 1 p.m. - 3:30 p.m. Exhibit Hall Open 1:45 p.m. - 3:15 p.m. Concurrent Sessions 3:30 p.m. - 4:30 p.m. Roundtable Discussions 3:30 p.m. - 4:30 p.m. FOCAL Team Meeting Evening Ticketed Event Sponsored by the 1996 Portland Local Conference Committee Wednesday, May 22, 1996 8:30 a.m. - 10 a.m. Concurrent Sessions 10:15 a.m. - 11:45 a.m. Concurrent Sessions Acquiring and Implementing a New Financ Information System The purchase and installation of new automated financial systems by state and local governments is complex, time consuming, and risky. Using system development life cycle (SDLC) and project management (PM) concepts, this seminar will enable participants to learn how best to approach the planning and purchasing of a new system, and what factors are important to consider in order to achieve a successful conversion. Registration for Preconference Seminars Full -day sessions will be $280 per session for GFOA mem- bers/$330 nonmembers. Half -day sessions are $125 for GFOA members/$140 nonmembers. One half -day and one full -day session are $395 for GFOA members/$470 nonmembers. Using the registration form at the back of this brochure check the seminar you wish to attend. Then enter the amount due under "Total Fees" To qualify for student fees you must be a full -time student. You will receive a written confirmation of your registration. The registration fees for the full -day seminars include handout materials, a hosted luncheon, and coffee brea1W These fees do not cover lodging or other meals. See page 12 for cancellation policies. CONCURRENT SESSIONS ACCOUNTING, AUDITING, AND FINANCIAL REPORTING The satellite icon on the following session list indicates session in which technology is the focal point. How Are We Doing? Making the Most of Performance Auditing (Sunday, May 19 2:30 p.m. - 2:30 p.m.) Citizens continue to demand more for less from their state and local governments. Auditing for economy, efficiency, and program results can play a positive role in helping governments to meet such competing demands. This ses- sion will focus on the costs, benefits, and practicalities of performance auditing. Risk - free Risk Reporting (Sunday, May 19 1:30 p.m. - 2:30 p.m.) 0 The provisions of the Governmental Accounting Standards DRAFT Third Party Pledge Agreement . DATE 19 atPncon City of Hutchinson SECURED P ARTY Citizens Bank 5 Trust Co., Hutchinson Minn. SUSNESs OR ADDRESS RESIDENCE ADDRESS 111 Hassan Street SE - 102 Main Street South CITY. CITY. STATE & STATE 6 - ZIPODDE I Hutchinson MN 55350 1 ZIPCOOE I Hutchtn MN 5 350 1. Security Interest and Collateral. To secure (check one): fhe payment and performance of each and every debt, liability and obligation of every type and description which ( "Debtor') may now or at any time hereafter owe to Secured Parry (whether such debt, liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unlquidated, or pint, several or joint and several; all such debts, liabilities and obligations being herein collectively referred to as the "Obligations'), ® the debt, liability or obligation of Hutchinson Community Development Corporation ("Debtor') to Secured Party evidenced by or arising under the following: d dated 1996 for $100.000 , and any extensions, renewals or replacements thereof (herein referred to as the "Oblgatons "), Pledgor hereby grants Secured Party a security interest (herein called the "Security Interest ") in (check one): ❑ all property of any kind now or at any time hereafter owned by Pledgor, or in which Pledgor may now or hereafter have an interest, which may now be or may at any time hereafter come into the possession or control of Secured Party or into the possession or control of Secured Parry's agents or correspondents, whether such possession or control is given for collateral purposes or for safekeeping, together with all p roceeds of and other rights in connection with such property (herein called the "Collate ). 16 IN the property owned by PIeQg4r and had Secured Party that is described as [oibws. ertificate of Deposit in the amount of S 1 ,U00 from itizens Ba n%:�ether with an rights in connection with that property (herein called the "Collateral'). 2. Representation, Warranties and Covenants. Pledgor represents, warrants and covenants that: (a) Pledger will duly endorse, in blank, each and every instrument constituting Collateral by signing on said instrument or by signing a separate document of assignment or transfer, if required by Secured Party. (b) Pledger is the owner of the Collateral free and Gear of all liens, encumbrances, security interests and restrictions. except the Security Interest and any restrictive legend appearing on any instrument constituting Collateral. (c) Pledger will keep the Collateral free and dear of all liens, encurmbrances and security interests. except the Security Interest (d) Pledgor will pay, when due, all taxes and other governmental charges levied or assessed upon or against any Collateral. (e) At any time, upon request by Seared Parry, Pledgor win deliver to Secured Parry all notices, financial statements, reports or other communications received by Pledgor as an owner or holder of the Collateral. (f) Pledgor will upon receipf deliver to Secured Party in pledge as additional Collateral all securities distributed on account of the Collateral such as stock dividends and securities resulting from stock splits, reorganizations and recapitalizations. 3. Rights of Secured Parry. Pledgor agrees that Seared Party may at arty time, whether before or after the occurrence of an Event of Default and without notice or demand of any kind, (t) notify the obligor on or issuer of any Collateral to make payment to Secured Parry of arty amounts due or distributable thereon, (i) in Pledgoi s name or Seared Parry's name enforce collection of any Collateral by suit orotherwise, or surrender, release or exchange all or any part of it, or compromise. extend or renew for arty period any obligation evidenced by the Collateral, (iii) receive all proceeds of the Collateral, and ('rv) hold any increase or profits received from the Collateral as additional security for the Obligations, except that any money received from the Collateral shall, at Secured Party's option, be applled in reduction of the Obl'gafions, in such order of application as Seared Party may determine, or be remitted to Debtor. THIS AGREEMENT CONTAINS ADDITIONAL PROVISIONS SET FORTH ON THE REVERSE SIDE HEREOF, ALL OF WHICH ARE MADE A PART HEREOF. 6 Trust Co., Hutchinson, Minn., Certificate )f Deposit ,$ in the amount of $25,000 City of Hutchinson -rom Marquette Bank Hutchinson, N.A. , Certi— p.g =icate of Deposit A in the amount of 325 8 ,000 from First Federal fsb, and Certi— By of Deposit d in the 0 from First Minnesota Bank, my subsequent renewals thereof. McA.15 I'm amount of N.A. and Title: By Tale: R]r47 ...... ... 1... 9- f FOR VALUE RECEIVED, err undvsrgrod (if more evn A- "I"MDfT OF TIMEMAVBWB ACCOUNT im C), as"n(s). ferlsl over area barrter(sl to m ss+oceaaars arW aserpr (rev 'Barrk�, as right, tea arW irunea a ev urWersr9nW n area to ale account d the vloaragMa n Marquette � Bank Hutchinson. N.A. ewewnced by accaurp or paas000k m e w lal arWror oy cereRCar area as sumo new err ere arty erne nereatter Oepoat alereet togetetr wan as ear*k^9a a every Trier area desrnptgn whch m,y now or rlerearler ace ewaon. for err purpose of securrg wrr1m t of �aptmmt.fter a VANO ilt>Frl[ ��WFiflGiPf7hlfiblfi ('OOlpaoonal. if said acmxe Is avwanew by a csrtecua d aaposrL er kre9orq asa9frnent areas be ednabuea as a 9rrt d a seeurty 4+tereet subfe= m err eatem+poapaole tl av AWtvaora UMOrm Commensal Code. The v+avagr»a hereby wooacably aanortaNal area er+rodwola) err Busk at arty arm. wMaor or not &1 8" tlme ate 0069aborr or Try part awed are dtr arid payable. n b oe+t name err n err name d tlo underagne0. to Aemenl sooty for'erbtOiawal racerR and glue acquittance for arty area as Sums wh,crt are or wd nRSme due aka payable under acid scbara. to "ordae any end as 11" area Is ae9es w recane as asrrav accorded to saner aoearnl and to aaem Try rW tl ktelrrwtt redkrred Waelor. area m sooty wrCt MWIPya mwraa PIRYMO t oar Obagabarr n arCt order of appapaeon as err Bank may Oatarrtrr. Y wItt rtdlCa to err W4WMgno& Sad Frtarlda ttasas A N - an dem" d err Bank m pay fad ac=mt area u mdrrye Mr so, asrr9,vd on NOV to ev Bank arW to aanuler fed accolrt rem amens d err Bars w ate boob d said Frwroal Irrbluton. Unbi ttks a3at9rrrwt has been released by a be ig delivered by We Berl to asr kWmCN krabmcrl. Me tnI gI d areas have red rqm k7 mmo any We"mWaa from 8" account or to err eauance d arty now cotakan erlwtt=rq said ardent. *Hutchinson Community Development Corporation to the Bank evidenced City of Hutchinson by or arising under Loan S By 14W , 1996 for $100,000 and - any extensions, renewals or replacements thereof. 111 Hassan St. SE Hutchinson, MN 55350 To Mar uette Bank Hutchinson N.A. Main Street So. ,ms Hutchinson, MN 55350 Prase tale nom dw err admrnt of City o f Hutchinson m your rtsboman evreenced dy aesvkrt or passbook number orWror earbedre nurnbsr( taged w wual r m wwfs and arm tor rtWnays now area hereeaar due am oayable d so or n nape= aired has been aseprd and a'rrlerrsa m ale urrawsrgnW as Nareral for a loan. and mat it turn rtgneya are payable durectty to err wxIoragnel Plesas mrr I Your C#gwMOW"ra at nag rare area aarow and return same O ate ur"Wagned. Citizens Bank & Trust Co., Hutchinson, Minn. r.wr. a ae.a By Wea0mowrage eoesatat yaxricmaasaign more and aa9 too ot me accordOf City of Hutchinson n eta rrrNkredn evWerk7a by arsvut or pasa000k number area /or MpdOr mrmberlsl togemerwrm all moneys area darns to many row area herearter an or Payebr a tr we furrier aaorowied" art suC+ rrtorrya an payabr'drcd ey to rea MW M me saner a aksoua horwr or asegnw (aseeor for your rvaa umi stud have arty rqm to make Try wrawawr tom said apeourt err to Oblart arty new cerwkme mdr+pn9 sane accvkrrL Dual 19 Marquette Bank Hutchinson, N.A. iwe,r a a.ree tieuvn By Tits o to aanse you Ole assry.rnre a me abeam of "KIO ded by u:munt or P -Mbaok number and/or ummu numbe"01 Dated has been released. is rl your Wit aw 19 By Impressions Incorporated Ot125/96 Hutchinson Industrial Park Incentives on land and infra costs APpro.ed b F,naree Tram lanuan 25.19% — — 0 raken from Robinson Appraisal Co Inc conversation 01/16/96 First four acres: Ind 0.'rycd In&& str c TO Law Peep. Iu Totals Second four acres: LAW Wnftdoaa Inin stuewo TB 4uea. IMd Pare. Totals co.1 Total ' Financial Incentive .n r6M1'alw Ta, Inc _ Nnle -do" I �ewa 24.000 16 000 13S,000 24s,ON 16.000 1 96.000 0 Forte of 10.YW him B 6% cwa ' pod m "&V PAY we go-hmpw a&1 240" 16.000 1.000 10-) r baa g 6% Npg1 paid xmra•y 3.000 22000 Anwamoa @ 6% 10•yw < ..W ft, • 0 1 1 16,000 90.000 Totals for eight acres: 355,000 225,000 32 000 9a 000 100 -"% 63.39% 901% 2261 Lord doa eom County A4xaor: 537,400.00 Per yM Tatea a 35.000 W. R concrete huddlq with 17 roa ,jdewa0a n the Ind. p ProJecu" 1ocluder a 2% Wx7 ta lain och yeu. Parable 1992 uang 4% kdayoa fa a yer period 5'ey capture laa 10% ynpny Je 1991 37.400 3.740 33,660 1999 39,141 3,115 34333 2000 31,911 3.291 35.010 2001 39,699 3. %9 35.720 2002 40,413 4.019 36.435 2003 41,293 4.129 37,163 2004 42119 4,212 37,907 ToW Capture Po,entW 379,042 I7,904 248iu Hansom T11 Budget 230,6" ' 23 000 225.1411 0 3 �' A Recommendations To City Council Re: Impressions Incorporated From: HCDC Finance Team and HCDC Board of Directors February 13, 1996 1. Approve the sale of approximately eight acres of City -owned land in the Industrial Park (1050 Superior Avenue) for its appraised value of $6,000 per acre to Impressions Incorpo- rated using the City and HCDC approved land writedown formula. 10 -year deferred loan (as per policy) $32,000 10 -year 6% loan to Impressions. $16,000 Approx, eight acres @ $6,000 per acre $48,000 2. Approve the use of $250,000 in Tax Increment capture to be used for Impressions Incorpo- rated expansion of their St. Paul plant in the Hutchinson Industrial Park at 1050 Superior Avenue. City Administrative 10% Approximately $ 25,000 Infrastructure Approximately 90,000 Land Preparation Approximately 135.000 Maximum $250,000 3. Approve all assessments for infrastructure not covered by Tax Increment Incentive (approxi- mately $82,000) be fixed at a rate not to exceed 6% interest per year for 10 years. 4. Authorize the deposit of $25,000 to each of four Hutchinson financial institutions from the Hutchinson Economic Development Fund to be used as a pledge for bank financing of $100,000 to Impressions Incorporated. Bank financing of $100,000 will then qualify as leverage for a $100,000 match from southwest Minnesota Initiative Fund. A • 0 —' EXPLANATION OF IMPRESSIONS INCORP PROPOSAL January 22, 1996 . TAX INCREMENT INCENTNE: $210,000 Assuming the CountN Assessor's projected tax of $37.400, the Industrial Park Tax increment usable capture would be close to 5250,000 HurCHtNsoN EcoNoMtc D EVELOPMENT LOAN FuND/SWMIF: $200,000 In the Economic Development Loan Fund the City has in excess of $100,000 uncommitted. HCDC will guarantee a loan for S 100,000 issued by the four Hutchinson Banks to Impressions at 6.75 %. If Southwest Minnesota Initiative Fund will match this amount, we will be able to generate $200,000 at 6.75% as requested. Ecoww REcovERY FuND: 0 This is a competitive grant program through the Minnesota Department of Trade and Eco- nomic Development. The New Dimension Plating, Inc financing was acquired in this manner. Larson, Allen, Weishair & Co. has been working with HCDC to prepare Part l of the application The State money becomes available on April 1, 1996 and again on July 1, 1996. It is essential the grant request be submitted as soon as possible. When the City receives the grant, the money would be flow - through money to the City of Hutchinson The City of Hutchinson would then loan the $200,000 to Impres- sions Incorporated at 2 %. HCDC would administer the loan as was done with New Dimension Plating, Inc. The benefit to Hutchinson is that the first $100,000 paid back from the loan can be kept by Hutchinson to recirculate in the form of future loans. INDUSTRIAL DEVELOPMENT BONDS: All preparation and underwriter costs are the responsibility of Impressions Incorporated The Minnesota Agriculture and Economic Development board will be the issuer of the bonds. This will result in the bonds being eligible as tax exempt to the bond buyers. However, the Minnesota Finance Department has only approved $5,195,000 because the requests exceeded their allocation limit. The shortfall of $805,000 will have to made up with other financing and/or the delay of equipment pur- chases. EcurrY: Equity contributed by Impressions Incorporated is a cash contribution to the project. �� /°t • ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PAR • P DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL 0. DOVE" RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALSO AOMITTEO IM r[ AND Nlw YORM Ms. Marilyn Swanson Administrative Secretary Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (61 2) 597 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON February 8, 1996 }7?0 CITY OF HUTC .NSON OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. OOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 5 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389.6606 Re: Bluff Street Bridge Project (Simonson Lumber) Our File No. 3244 -95079 Dear Marilyn: C J I am enclosing herewith the revised Site Purchase Agreement which reflects changes requested by Attorney Meyers who represents the interests of Simonson Lumber. The changes were not particularly material and include deletion of references to the friendly condemnation, inclusion of language conveying the property in fee from Simonson to the City, proration of taxes to the date of closing and correction of some minor typographical errors. Additionally, we discussed the disposition of the triangular shaped parcel of land and I suggested, and I understand Simonson's is willing to agree to, that a right of first refusal be granted to Simonson's for this parcel. They appear to be the only practical candidate for purchasing this land, but this puts off to another day the question of what the price of the land should be and whether the City has any potential use for it. Should you have any questions regarding the changes to this agreement, please advise. Thank you. Best personal regards. Very truly ARNOLD, 4WRION L#IDOIE/ P.L.L.P. 0 G. Barr t i�lrso GBA:lm � CC David Meyers ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION C 1 "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION • SITE PURCHASE AGREEMENT THIS AGREEMENT, made this day of February, 1996, by and between Simonson Lumber of Hutchinson, Inc., ( "Simonson ") a Minnesota corporation and the City of Hutchinson, ( "Hutchinson ") a Minnesota municipal corporation. RECITALS: 1. Hutchinson desires to purchase a parcel of real estate described as set forth in paragraph 1 hereof, for the purpose of constructing, operating and maintaining a bridge across the south fork of the Crow River; and 2. Said parcel is adjacent to right of way which both parties acknowledge is already owned by Hutchinson and known as the Bluff Street right of way and is shown on the plat of the City of Hutchinson, North Half, McLeod County, Minnesota; and 3. Simonson has agreed to sell such real estate to Hutchinson pursuant to the terms and conditions of this agreement; and 4. Both parties are represented by counsel who have discussed the sale and acquisition of this property with their respective clients and both parties enter into this Agreement with full knowledge of their rights and obligations under Minnesota law. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt, value and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Purchase of Real Estate Hutchinson agrees to purchase, and Simonson agrees to sell a parcel of real estate legally 0 described as follows: -1- The East 20 feet of the following described parcel as measured at a right angle to the westerly right of way line of Bluff Street as shown on the plat of the North Half of the City of Hutchinson: All of Block 45, North Half of Hutchinson, according to the plat on file in the office of the County Recorder, McLeod County, Minnesota, except that part of Lot 7 and 8, of said Block 45 lying west of the following described line: Beginning at a point on the north line of said Lot 7 a distance of 20 feet East of the Northwest corner thereof; thence Southeasterly in a straight line to a point on the South line of said Lot 8, distant 28 feet West of the Southeast corner thereof and sublime there terminating. Also except that part taken for railroad. Hutchinson shall cause, at Hutchinson's sole expense, a survey to be made of the real estate by a registered land surveyor, verifying the location, description and quantity of the property, depicting the location of easements, public streets, encroachments and improvements on or abutting the property. Said survey is attached and marked as Exhibit "1" 2. Purchase Price The purchase price for the property shall • be the sum of One Hundred Seventy -five Thousand and no /100 Dollars ($175,000.00) , with the entire purchase price to be paid at closing. Simonson shall be responsible for any and all soil correction costs related to the site, save and except Hutchinson's responsibility for pollution on the site. 3. Hutchinson's Contingencies The obligations of Hutchinson hereunder are subject to the following contingencies, the satisfaction of each of which is a material condition precedent to the obligations of Hutchinson hereunder: A. An environmental survey and assessment, prepared and paid for by Hutchinson, must demonstrate that the Property is free of any and all hazardous or toxic substances, material or waste. The term "hazardous or toxic substances, material or waste" means any substance that -2- is toxic, ignitable, explosive, reactive or corrosive or otherwise defined as hazardous and that is regulated by the City of Hutchinson, the County of McLeod, the State of Minnesota, or the United States government and that exceeds the levels of regulatory tolerance including, but not limited to substances regulated by or under the Federal Water Pollution Control Act (33 U.S.C. §1321 et sea. , the Federal Clean Air Act (42 U.S.C. §7401 et sea. the Federal Resource Conservation and Recovery Act (42 U.S.C. §6901 et sea. the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S. C. §9601 et sea. the Toxic Substance Control Act (15 U.S. C. §2601 et sea. or under the Solid Waste disposal Act (42. U.S.C. §691 et sea. petroleum or its derivatives and products, asbestos or polychlorinated biphenyls (PCBs) . Simonson hereby grants Hutchinson, its successors and assigns and their agents and employees, permission to enter upon the Property to conduct an environmental survey and assessment. B. The approval of the condition of title to the property by Hutchinson either in the form of a title insurance commitment or an attorney's title opinion, with the cost of all title insurance or attorney's fees to be borne by Hutchinson. Simonson shall provide an updated Abstract to the property with all of the usual and customary searches. C. The approval of this Agreement by the Hutchinson City Council. 4. Waiver of Contingencies All contingencies of Hutchinson, except with respect to the title to the property (which shall not be waived or availed of until closing), shall be waived or availed of by Hutchinson on or before February 29, 1996. Any contingency not availed of by Hutchinson by that date shall be deemed waived. An election by Hutchinson to close this transaction contemplated by this Agreement shall be considered a waiver by Hutchinson of all contingencies other than those contingencies relating to title. -3- 5. Conveyance The conveyance to Hutchinson shall be by good and sufficient warranty deed, free and clear of all liens and encumbrances. Simonson shall demolish and remove all improvements to the site, including foundations, if any, but shall not be required to do any grading or to provide any fill. Hutchinson further agrees to fill and grade Simonson's property, as requested by Simonson, with soils reasonably comparable to the existing soils, all to Simonson's satisfaction in the area acquired by Hutchinson. Simonson shall be given an opportunity to inspect fill to be deposited on site and if Simonson does not object to the deposit of said fill, this condition requiring Simonson's satisfaction shall be deemed waived. Hutchinson shall have no responsibility for finish grading or providing any other grading services save and except the requirement that the fill be deposited and the site level. Simonson shall retain ownership of the salvage and sell or dispose of the salvage in any legal manner and shall retain any proceeds from the disposition thereof. 5A. Assessments and Taxes Hutchinson agrees that Simonson shall not be assessed for any of the improvement and /or work performed by Hutchinson in connection with the construction and /or change of the intersection on the roadways adjacent to Simonson's property. Other assessments, if any, as well as real estate taxes due and payable in the year of closing shall be pro rated to the date of closing. Each party shall be responsible for assessments and taxes payable in subsequent years. -4- 6. Title Defects If Hutchinson gives Simonson notice of any title defects within fifteen (15) days after receipt of the title policy commitment or the attorney's title opinion which are not acceptable to Hutchinson or if the commitment does not contain the extended coverage endorsement, Simonson shall use its best efforts to cure such defects. If any such defects are not cured by the date of closing, Hutchinson may terminate this Agreement. In the event of such termination, all parties shall be relieved of all obligations hereunder. 7. Brokerage Matters Hutchinson and Simonson each warrant and represent to each other that it has used no brokers in this transaction and each agrees to save, indemnify and hold harmless the other from and against any and all claims, costs, expenses, finders fees, liabilities and obligations of every nature, kind and description from brokerage services from any person, firm corporation, partnership or other entity claiming entitlement to fees, commissions, compensation or expenses from brokerage services performed by or on behalf of Hutchinson or Simonson in connection with this transaction. 8. Closing Date This transaction shall be closed on or before February 29, 1996 at the offices of Arnold, Anderson & Dove, PLLP, 101 Park Place, Hutchinson, Mn. 55350. 9. Default If either party defaults under this Agreement, the other party shall be entitled to all remedies available under law or equity, including but not limited to specific performance (if Simonson defaults) or an action for damages (if Hutchinson 0 defaults). -5- 10. Waiver of Relocation Payments Both parties have considered the right to relocation benefits under state and federal law in arriving at the negotiated price for the acquisition of the real estate and, in consideration of the purchase price set forth above, Simonson agrees to waive all relocation payments Simonson will be entitled to under either federal law or state law, or by virtue of any other authority, and further agrees to waive any and all damages, benefits or payments that would otherwise accrue to Simonson in the context of a condemnation action or a threatened condemnation action as provided by Chapter 117 of Minnesota Statutes or as provided by virtue of any other law. 11. Grant of Temporary Construction Easement Simonson agrees to grant to Hutchinson a temporary construction easement for the purpose of facilitating the construction of the bridge and related improvements. Hutchinson agrees to restore the property to the approximate condition prevailing at the time of the execution of this Agreement unless otherwise agreed to, in writing, by the parties. The easement will expire, without further action by any party on December 31, 1997. The temporary construction easement will include the real property described on Exhibit 1. 12. Date of Occupancy. Simonson may remain in possession of the property until February 29, 1996. Simonson shall have removed or demolished from the site all improvements, including foundations as required under paragraph 7 of this agreement, no later than March 30, 1996. cm 0 0 13. Miscellaneous A. Execution by All Parties in Counterparts This Agreement shall not become effective and binding until executed by all parties. This Agreement may be executed in two (2) or more counterparts, each which shall be deemed an original and all of which shall constitute a single instrument, and the signature of any party to any counterpart shall be deemed a signature to and may be appended to any other counterpart. B. Notice All notices, demands and /or consents provided for 0 in this Agreement shall be in writing and shall be deemed given when delivered to the parties hereto by hand or by United States registered or certified mail, return receipt requested, with postage prepaid. All such notices and communications shall be deemed to have been served on the date when mailed. All notices and communications shall be addressed to the parties hereto at the respective addresses set forth below: 1. If to Hutchinson: City of Hutchinson Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 With a Copy to: G. Barry Anderson Arnold, Anderson & Dove, PLLP 101 Park Place Hutchinson, Mn. 55350 2. If to Simonson: Simonson Lumber of Hutchinson, Inc. 295 First Avenue N.E. Hutchinson, Mn. 55350 With a Copy to: David Meyers Rinke- Noonan Suite 700 Norwest Center P.O. Box 1497 St. Cloud, Mn. 56302 J -7- C. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. I* D. Cooperation Each of the parties agrees to cooperate with the other in effecting the purposes of this Agreement. Without limiting the generality of the foregoing, Simonson agrees to cooperate with Hutchinson in submitting applications for permits consistent with the terms of this Agreement. E. Assignment Neither Hutchinson nor Simonson shall have the right to assign this Agreement or any of the rights or obligations hereunder without obtaining the prior written consent of the other party. F. Successors and Assigns This Agreement shall apply to, inure to the benefit of, and be binding upon and enforceable against the parties hereto and their respective successors and assigns. G. Paragraph Headings The headings inserted at the beginning of each paragraph are for convenience of reference only and shall not limit or otherwise affect or be used in the construction of any of the terms or provisions hereof. H. Entire Agreement This Agreement contains all of the agreements, terms, covenants, conditions, warranties, and representations made or entered into by and between the parties, and supersedes all prior discussions and agreements, whether written or oral, between the parties and constitutes the sole and entire agreement between the parties with respect thereto. This Agreement may not be modified or amended unless such modification 0 or amendment is set forth in writing and executed by all parties -8- hereto. 17. Permits. Hutchinson agrees to give all reasonable assistance to Simonson in obtaining building permits, side plan approval and other approvals from all government entities to allow Simonson to reconstruct facilities on its property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. SIMONSON LUMBER OF HUTCHINSON, INC. By: By: Its: CITY OF HUTCHINSON By: Its: By: T1-c- STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) On this day of February, 1996, before me a Notary Public, personally came before me the and the of Simonson Lumber of Hutchinson, Inc., a Minnesota corporation, to me known to be the persons who executed the foregoing instrument and acknowledged that they executed the foregoing instrument on behalf of said corporation. 0 Notary Public -9- STATE OF MINNESOTA) SS. 0 COUNTY OF McLEOD ) On this day of February, 1996, before me a Notary Public, personally came before me Marlin Torgerson, the Mayor and Gary D. Plotz, City Administrator for the City of Hutchinson, a Minnesota municipal corporation, to be known to be the persons who executed the foregoing instrument and acknowledge that they executed the foregoing instrument on behalf of said municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD, ANDERSON & DOVE, PLLP 101 Park Place Hutchinson, Mn. 55350 Telephone (612- 587 -7575) Attorney I.D. No. 196X 0419_ 0 ON , AF :. February 9, 1996 MEMO Mark Flaten, Berkley Risk Services, and Dennis Potter, Insurance Planners, will be in attendance Tuesday night to outline plan changes to our health insurance program. Changes which be discussed would bring us into compliance with state law, doc \COMPMI3 Cir- Center Parks & Recreation Police Services (] Hassan Street SE 900 Harrington Street SW C� 10 Franklin Street SW Hutchinson. h1N 55350 -2522 Hutchinson, ,'N,N55350 --3097 — / { Hutchinson, MN 55350-24(54 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax (612) 234 -4240 Fax (612) 2344240 Fax (612) 587 -6427 - Prinlea nn recvded paper - CITY OF H[TWHONSON BENEM COMPARISON EFNEITIS PRIOR TO JANUARY 1. IM t1ENFFIIS AF MIL JANUARY 1619% Benefit Provision IN- NETWORK NON- NETWORK IN- NETWORK NON - NETWORK Deducible Amount. each $150 Individual; $150 Individual: $150 Individual; $150 Ittdividual Calendar Year §300 Family Aggregate 5300 Family Aggregate $300 Faaul 7 ABgTeg+le 5300 Fatuity Aggregate Covered Percentage per BOX of eligible txpertm 60% of eligible expenses 8O% of eligible expenses 60% of eliasble otpenses Person per t akndar up to the out-of-Pocicet up to the woof- poduet up to the watw- pocket up to the aatof- packet Yew, Follow mg maaintmt of $550 for an medmtm of SIAM for an m mffnum of 5550 for an maxw mn of 51,000 for an Deductible individual, or SL100 for individual, or $2,000 for mdividmal, or S1,100 for individua4 or 52,000 for a fatuity each Calendar a family each Calendr a family each Calendar a family each Calendar Year, thert 100% for the Yea, then 100% for the Year, tier 100% for the Year, then 100% for the balance of that Calendar balance of that Calendar balance of liter Calendar ba lance of that Calendar Year Year Year Year Inpatient Hospital 80% following dedccoble 60% following deductible 807. following deduct - We 60% following deductible Services to matdnomt of 365 days bo nwamcmt of 365 days to mancimum of 365 days to m mumum of 365 days percanYnaonn peraontiruous peraantlouom peraonmtuaus confinement All confinment- All conCmmtesnt. All confinement. Ali admissions mutt be admissions must be adinknottt must be admission mint be precertified. precertified. precertified. precerUfied. Outpatient Hospital 80% folktw6tL deductible 60% following deductible 80% following dehwtible 60% following dedttchbk Services I Benatit Provlslon IN- NETWORK NON- NETWORK IN- NETWORK NON-NETWORK Preadmission Rrgmimd on all inpatient Required on aL inpatient Required on all inpatient Required on all inpawmt Notification admissions. Failure to adinksicas. Failure to admiraiaes. Failure to adndstions. Failure to prcoertify the admission prcaertify the admission precereify the admission preoustify the admission results in an additional results in an additional results in an additiotul results in an additional pffWtY roWytmat Of penalty c opayment of petalty oopaym ent of Penalty coMymert of 5500 per adaussior Per admission. 5500 per admission. 5500 per aduimion_ Select Care providers Select Care providers obtain preadmission obtain prdon notification for YOU. notification for yon. Skilled Nursing Facility W% fiMowing doducrihk following deductible 80% following deductible 60% folowing deductible Coverage to man mnit of 100 days to mndmumn Of 100 days to magdmnm of 100 days to nwom nut of 1W days per Calendar Year per Calendar Yen per Calendar Year per Calendar Year Prescription Drug Coverage .Formsdary Thugs 57-50 copaynent per $750 copsyment per $750 Oopayment per $750 cnWymerit per PrescriptioN prexmptoon; ptesmptimt; PresaiPro"; • Non-Formulary Thugs 510.00 copayment per $10.00 cop Ymmt per 510.00 a"ytnmt per SI OX copsymett per prescription pretsa"01, Prescription perscepteoo Prescription drug out-of- Pre ocriptrondrug oul-OU pocket raoauum of 5600 po" MOM MM of 5600 per Calendar Year is a per Calendar Year is a separate owof-podxt ......cnnum separate outof asreusm. Chiropractic Care SWnM to separate 5200 Subject to separate $200 90% foflawint deductible wing deductible, then deductible, then deductW subject to coverage is provided ar crverne is provided at maximmn of 15 visits per M% of elig"t o panes 60% of eligible acpenses Caleadar Year UAW &D of15 srbjla to rnauaoa Of 15 visits per Calendar Year vista per Caktidar Year 1✓ 2 B 0110 llt Pr0vl6i0n 1 -M R M N -NETW K IN-NETWORK NON-NETWORK Home Health Care 8096 following 60% "owing 80% following 60% following dedudible. Subjeo to deducible. Subject to deductible. Subject to deductible- Subject to nmmmrm of 100 visits auodmusa of 100 visits maximmn of 100 visits max nhmn of 100 visits per Calendar Year. All per Calendar Year. All per Calendar Year- All per Calendar Year. All ore mustbe prior ore host be prior are most be prior cue mutt be prior authorized in advance by authorized in advance by authorized in advance by auuhoriaed in advanQ by Select Cart. Each visit Select Care. Each visit Select Care. Each visit Select Care. Each visit of up to four bows is of tip to four Lours is of up to four hags is of rp to four hags is catadered one visit considered one visit owtudaed one visit considered one visit yaoan Services W% hADwmg deductible 60% following deductbte M% following deductible 60% following deductible Routine and Prrventive 8076 following deductible 60% following deductible M% feilowmg deductible 6076 following dedt c ble Care for ore routine physical for one routine physical for one routine physical for one routine physical exam and related exam and related exam and related exam and related laboratory and x -ray urtaumizatioos, laboratory and x -ray immunvatioas, laboratory and x-ray i vd^oets, laboratory and x -ray services. and vaccinations each servioe4, and vaccinations each services, nIQ and vaccinations each service;, immunizations, and vaccinations each Calendar Your. Calendar Year. Calendar Year. Calendar Year. Well Child Care 80% followiig deductible 60% following deductible 80% following deductible 60% following deductible for routine physical for routine physical for routine physical for routine physical exams and necessary exams and necessary exams and necessary exams and necessary related laboratory, x- related laboratory, x- related laboratory, x- related laboratory, x- ray, immumuniti on and ray, immunization and ray, immunizaborn and ray, momunVabon and vaodnution services. vaccination services. vaccination services. vaccination services. Routine Vmoa Exam 80%, no deduchblq for 6096, no deducdWe, for 84, no deduetble, fo 60%, no deductible, for one routine vision esrm time routine vision cam one routine vision 0= one routine vision exam each Calendar Year. each Calendar Year. each Calendar Yea. each Calendar Year. E Transportation Chemical Dependency Treatment • fryntiert *Outpatient IN -N for ®egertty tcaasportation to the nearest faality qualified to treat the invess. W% mowb4 deduchW The treatment program must be successbiBy completed in order to be elig"e for coverages and a certificate of completion must be submitted with the claim. Soubjed to a ma>anmum of $14000 per confinement and subject to the twat Lifetime mmdmton of $75,000 for A dwn*W dependency treatmett combmed, inpatient and outpatient 80% following deductible. Subject to maodmumt of 130 hws of care per Glenda Year and subject to the toW lifetime maximum of $25,000 for all Chenunl dependency treatmord combined, inpatient and output Cm for emergency transportation to the nearest facility quaUed to treat the iastess. 60% ioliowmg deductible. The treatment program must be snmessfufiy completed in order to be dipaibie for coverage, and ■ certificate of completion must be auumined with the Claim. SabAd to a mm®trm of S1t1,000 per CW &n cost, and subject to the total lifetime aun®wm of $25A00 for all clterninl dependency Treatment combined inpatient and ou"hettu t_ f0% follmwimg dedmmNe. Subject to manta n of 130 ham of tare per Calendar Year and subject to the total tifethm mman mm of $•?5,000 for an dtemiad dependency beAmew mmbiatad,i�atientim Card outpatient foremergency hwaportatiow to the nearest facility quabbed to treat the ice. 80% following deductible. The treatment progam must be ery in order to be ehole for oDy"e, and a certificate of completion must be subamitted with the claim. 80% fonDmng deductible. for emergency transpalatiou to the nearest f&dhty quaMed to treat the illness 6D% followetg deductible. The treamodttptogram mntat besucceu[v9ycompleted vt order to be eligible for coverage, and a certificate of completion moat be v bu&ted with the claim. W% following deducible. 1 4 As .J Bonefft Provision IN-NETWORK NO NETW K IN-NETWORK WON-METWORK Nervom and Menzel Disorders Treatment alnpatient W% following 60% following 80% "Ming 60% following deductible. Subjed to a deduddAe. Subject to a deductible. deduciblk_ ntmc®um of$10AM per ma6mum of 510,M per cmfi teffwot and subjed coofinemett, and tarbject to the total lifetime to the total lifetime mx dnv.m of CI',A000 for nwdmtm+of 575,000 for an nervous and mental all nervous and mental treaantm.t eombbmd, inpatient and outpatient trraanrnt combined, inpatient and outpatient. -Outpatient 8096 following 60% following m% folio" 609. following deductible. Subpettoa deduxtible. Subjecttoa deductible. deductible. wximtnm of 20 visits per aamdmum of 20 visits per Calendar Year and Calendar Year and subject to the told subject to the total lifetLne nutdmum of hktime mmdmtun of S25AM for d nervous 625.M for all nervous and mattal treatment and mental treatment combined, inpatient and coatbuud, inpttimt and outpatient. outpatient. Physical, Speech, 80'x, following deductible 60% following deductible 80% following deductible 60% following deducible Occupatiotul and lAalation Therapy Medical Supplies and 8096 following deductible 60% following deductible 8096 following dedwtible 60% followirt5 deductible Durable Medial Equipment Naspi a Care 100% coverage. no 10096 coverage, no 100)6 cmerag4 rw lOD'Xi tpverag4 no dedudtbk. Subpet to deductNe_ Subject to deductible. Subjea to deductible. Subject to lifetime nta0ciam of six hfetete mammnm of sex lifetime mwdmmn of six lifetime trurUatm of six months of sae months of rare tmdhs of acne nwriu of care 5 0 mm It *1 0 1 � I Benefit Provision IN- NETWORK NON - NETWORK IN-NETWORK NON-NETWORK All Other Ebole 5?Mses W% followirg deducnbie 60% following dedutebie BOX idlowin6 deductible 60% foHmnM deducobie 1"vidual lifetime Wdmum for all Causes $IAOO,000.00 fL000,ODD.DO SL000A00.OD 531000,000.00 6 February 9, 1996 MEMO Our 1995 General Fund Budget contained reimbursement of some expense incurred for the Water /sewer fund. This is a budgeted for 1995. It would be requested to be reimbursed for: Audit $3,000 City Administrator 110 hours 4,309 Finance Director 200 hours 6,610 Accounting 48 hours 618 Total $14,537 This represents a conservative estimate of and by no means all expenses which could be reimbursed. It is requested of the City council to authorize the reimbursement to the General fund for 1995 of $14,537. This was budgeted for 1995 and will be reflected in the 1995 financial statements. City Center III Hassan Street SE Hutchinson, ,WN 5350 -252 2 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson. AN 55350 -3097 (612) 587 -2975 ��— Fax (612)234 -4240 - Printed an recycled paper - Police Services 10 Franklin Street SW Hutchinson, :WN 51 350 -21 ( 612) 587 -2242 Fax (612) 587 -6427 OSGOOD /HAYDEN /LAKE PROJECT COSTS TOTAL CONTRACT AMOUNT $716,919.87 TOTAL WORK (CONTESTED) COMPLETED TO DATE $695,207.78 ( Retained (5% $34,760.39 Previously paid $357,252.73 TO TAL DUE (Including Contested) $303,194.66 TOTAL PROPOSED CONTRACT DEDUCTIONS Pavement Compaction Deduction of 31.14% (All less than 90% compaction) $19,432.42 Liquidated Damages for 1995 (does not include 1996) $24,000.06 Aggregate base (20 %) $12,342.00 Lack of access /staging $5,000.00 TOTAL AMOUNT DUE (with deductions, but including contested) $242, 420.24 CONTESTED (Recommended for Escrow Fund) S ub grade preparation failure (50 %) $2,385.50 Geotextile fabric reduction (25 %) $3,504.00 Aggregate base (30 %) $18,513.00 Bituminous (72.73% failing compaction less 31.14% already deducted) $25,953.58 $50, 356.08 I__ [TOTAL RECOMMENDED.F, PAYMENT, $192, 1 3TIMATED WORK REMAINING IN 1996 Jear Course $22,605.00 Sod $7,400.00 Tack $775.00 $30,780.00 ,TOTAL TREE ,, RT15 OF ONTRACT 305,000.00 osg- payl.wb2 `January 24, 1996 /GI • - A C � :. r. l\ .`.. TO: City Council On February 1, 1996, letters were sent to the following automotive dealers requesting quotes for the purchase of one (1) new 1996, 4 -wheel drive, 4 -door, 5 passenger Utility Vehicle: Plowman . Ford, Wigen Motor Company and Superior Ford. The results are as follows: PLOWMAN FORD Highway #7 West Hutchinson, MN 55350 BM Cash Bid - One (1) new 1996, 4 -wheel drive, Utility Vehicle. $24,376.00 Less Trade -in of one (1) 1986 Jeep Comanche Pickup with topper. $ 2.700 00 NET BID: $21,676.00 WIGEN MOTOR COMPANY Highway #7 East Hutchinson, MN 55350 am Cash Bid - One (1) new 1996, 4 -wheel drive, Utility Vehicle. $24,308.16 Less Trade -in of one (1) 1986 Jeep Comanche Pickup with topper. $ 2,45000 NET BID: $21,858.16 0 City Center 111 Hassan Street SE Hutchinson, UN55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Printed" rec)ded paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 /0 Far (612) 587 -6427 u u ► u SUPERIOR FORD 9700 - 56TH Avenue N. Highway #69 & Bass Lake Road Minneapolis, MN 55442 BM Cash Bid - One (1) new 1996, 4 -wheel drive, Utility Vehicle. $23,962.00 Less Trade -in of one (1) 1986 Jeep Comanche Pickup with topper. S 700.00 NET BID: $23,262.00 My recommendation is that Plowman Ford, Hutchinson, MN, be awarded the Contract to supply one (1) new 1996, 4 -wheel drive, 4 -door, 5 passenger Utility Vehicle, per specifications, to the City of Hutchinson, and that the City trade -ij the 1986 Jeep Comanche Pickup with topper at this time, for a Net Bid of $21,676.00 after trade. I based my recommendation on the fact that Plowman Ford is the low bidder by $182.16. The replacement of this vehicle was approved in the 1996 Budget, and will be assigned to the Wastewater Department. i r� 0 OPEN -HOLD COUNCIL REPORT TUE, FES 13, 1996, 1:09 PM page 1 ------------------- 1995 IMPRO CONST -- - - -- - ---------- ----------- OSM ------- ---------------------------- DESIGN PHASE -5TH AVE BRIDGE - -- - $2,970.00 ---- -- - - < *> 432.09 $2,970.00* $38.45 TRANSMISSION REPAIR -1990 CHEV $1,434.00 UNIFORMS AT RENOVAT. � ARNOLD & MCDOWELL SERVICES RENDERED THRU 12/31 $304.48 < *> $484.44 $304.48* $91.45 CAP.IMPRO.FUND ALLEN OFFICE PROD FILING SYSTEM, AND INSTALL $1,431.35 SWITCH $61.22 ALLIED SERVICES OF HUTCHINSON WATER LINE REPAIR $173.15 TOUCH -UP PAINT BONESTROO ROSENE ANDERLIK & AS CIVIC ARENA PROJECT $4,000.00 $7.68 COAST TO COAST PAINT SUPPLIES $47.47 PARTS & SHIPPING DOOLEY CONSTRUCTION REMODELING WORK $9,405.50 PARTS FAYE & DAVE'S UPHOLSTERY UPHOLSTER 5 CHAIRS $369.88 $108.24 SORENSEN FARM SUPPLY CARD RENT $8.52 $23,911.57* STANDARD PRINTING PRINTER STAND & CASTERS $391.92 TAB PRODUCTS FURNITURE SYSTEM $11,266.42 WOODS PAINTING CENTER PAINTING SUPPLIES $360.33 < *> $27,454.54* CENTRAL GARAGE GENERAL FUND r I,I u ASPEN EQUIPMENT CO BRANDON TIRE CO CARQUEST AUTO PARTS CITY OF HUTCHINSON COAST TO COAST CROW RIVER AUTO G & K SERVICES HOLT MOTORS INC HUTCHINSON WHOLESALE L & P SUPPLY CO LONG LAKE TRACTOR & EQUIP MANKATO MACK SALES MN MUTUAL LIFE PLOWMANS POSTAGE BY PHONE SCHMELING OIL CO ST.JOSEPH'S EQUIPMENT INC SWEENEY BROS TRACTOR TEPLY EQUIPMENT TERMINAL SUPPLY CO UNITED BLDG CENTERS AAGARD WEST AKRE, DANIEL ALEXANDER BATTERIES ALLEN OFFICE PROD ANDERSON'S DECORATING ARNOLD & MCDOWELL AUTOMATION SUPPLY CO BANAL, JENNIFER BARR ENGINEERING CO BARRICK, TRAVIS BCA /FORENSIC SCIENCE LABO BENNETT OFFICE SUP. BERKLEY RISK SERVICES BIG BEAR BLACK HILLS AMMUNITION SONESTROO ROSENE ANDERLIK BOOKS AND BYTES BRODD, JIM BROWN, JANET BROWN, KATHY BUSINESSWARE SOLUTIONS BUYTAERT, PATTY CAMERA SHOP CARQUEST AUTO PARTS CARTER, SUSAN CASH WISE CELLULAR 2000 CENTURY LABS CITY OF HUTCHINSON COAST TO COAST COMM TRANSPORTATION SHACKLE $16,363.25 TIRES AND MOUNTING $231.93 FILTERS $ FEB MEDICAL 432.09 SUPPLIES $38.45 TRANSMISSION REPAIR -1990 CHEV $1,434.00 UNIFORMS $58.71 WINTER B $15.42 SUPPLIES $484.44 BELT, BLADE $91.45 HYD OIL, OIL SEAL, SLEEVE $505.77 SWITCH $61.22 FEB LIFE $6.72 TOUCH -UP PAINT $2,445.08 JAN POSTAGE $7.68 DOZER FUEL $346.55 PARTS & SHIPPING SWITCH $ $189.96 346.94 PARTS $365.86 CROSS LINKS $108.24 DRYWALL SCREWS $5.96 $23,911.57* FEB GARBAGE $ $616.93 HOURS WORKED $ $80.00 ADAPTER $ $26.81 FOLDERS, LABELS $ $1,245.55 i /_71 , OPEN -HOLD COUNCIL REPORT TUE, FEB 13, 1996, 1:09 PM ------------------------------------------------------------------ GENERAL FUND COUNTRY KITCHEN PRISIONER MEALS COUNTY TREASURER E -911 DISTRIBUTION CROW RIVER GLASS PLEXI GLASS TO REPAIR DOOR CROW RIVER VET CLINIC KENNEL FEES & EUTH. CURTAIN CALL COSTUMES COSTUME MATERIAL CURTIS INDUSTRIES BIO POWER ENZYMES DARK, MIKE EVENT WORKER DEPARTMENT OF PUBLIC SAFETY CONNECT & OPERATION CHARGES DEPT NATURAL RESOURCES DNR REG FEES ECHO INDUSTRIAL PRODUCTS CITRA CRYSTALS ELDERSONG PUBLICATIONS NEWSLETTERS SIMPLIFIED ELECTRO WATCHMAN QUARTERLY CHARGE ELVIN SAFETY INC TUBE NITROGEN DIOX, CARB MONC ERICKSON OIL PROD FUEL EWERT JR., DICK SNOW HAULING FAMILY REXALL DRUG PHOTOS FBI NATIONAL ACADEMY ASSOC REG -STEVE MADSON FESTIVAL FOODS MEETING EXPENSES FIRE INSTRUCTORS ASSN OF MN STUDENT PACKAE FITZLOFF HARDWARE LIGHT BULBS FOGG JR., MICHAEL GAMES -HOURS WORKED G & K SERVICES UNIFORMS GEWERTH, GEORGE REIMB FOR MEN'S VBALL GLENCOE UNIFORMS SHIRTS AND PANTS GOAL /QPC INC. MEMORY JOGGER II GRAY, JEAN MEALS GREAT PLAINS SUPPLY 2 X HEM FIR GRIEP, MEGAN INDOOR CARNIVAL WORKER GRINA, LISA MEALS & MILEAGE GUARDIAN PEST CTL PEST CONTROL HAGER JEWELRY ENGRAVING WORK HANSEN GRAVEL 4 YARDS LANDFILL HARRIS CONTRACTING NOV PM INSPECTIONS HAZELDEN COUNTERACT 30 SETS RED, MARILYN OFFICE SUPPLIES HEINTZ FLOOR COVERING GLUE FOR TILE HENNESSEY, JOSH INDOOR CARNIVAL WORKER HENRYS FOODS INC COFFEE HENSEN, MARK REGISTRATION FEE HIGGENBOTHAM, RUTH SENIOR TOUR REFUND HILLYARD FLOOR CARE /HUTCHINSON PAPER FILTER BAG HOLIDAY INN- EXPRESS HOTEL CHARGES HOME BAKERY INC DONUTS, COOKIES HUTCH COMM HOSPITAL LAUNDRY HUTCH CONVENTION & DEC LODGING TAX HUTCH COOP CENEX FUEL HUTCH FIRE & SAFETY EXTINGUISHER INSPECTION HUTCH PLBG & HTG CO LABOR & PARTS HUTCH PUBLIC SCHOOLS COFFEE & FOOD HUTCHINSON LEADER ADVERTISING HUTCHINSON TEL CO FEB PHONE HUTCHINSON UTILITIES LABOR AND TRUCK HUTCHINSON WHOLESALE CLEANER ICMA IDEA BANK, THE IKI IMPERIAL PORTA THRONES INK SPOTS ISIA JACK'S UNIFORMS & EQUIPMENT JACOB WETTERLING FOUNDATION JOES SPORT SHOP K MART KALENBERG FARMS KNIGHTS OF COLUMBUS KRISHNAMOORTHI, CHITRA KRUSSOW, DON L & P SUPPLY CO LEAGUE OF MN CITIES LENNES, RICHARD LINDER, NIKI MADSON, STEVEN MAKI, CONNIE MARCO BUS.PRODUCTS MARKA, JAMES MARKS TV SUBSCRIPTIONS -3 ITEMS MTCE VIDEO PIANO INSTRUCTION- SENIOR CTR JANUARY RENT -1 UNIT NCR PAPER ICE SHOW ENDORCBMENT HOLSTER PROG FEES SAFETY CAMP T- SHIRTS VIDEO TAPES, AUDIO CASSETTES HAUL SNOW REFUND -REC CTR GTY RENTAL LOGIS MEETING CAR DOOR OPENERS ROPE, LABOR 1996 DIRECTORY JAN COMPENSATION INDOOR CARNIVAL WORKER MEALS MILEAGE FILE FOLDERS, PADS, STAPLES REGISTRATION FEE REPAIR PANASONIC W page 2 --------------- $16.66 $833.69 $29.98 $815.88 $32.85 $76.30 $20.00 $390.00 $1,099.00 $346.32 $23.90 $603.86 $168.20 $7.83 $273.00 $70.72 $225.00 $391.85 $63.90 $141.72 $20.00 $743.33 $50.00 $427.96 $127.04 $95.73 $569.12 $23.75 $52.57 $24.81 $23.49 $29.00 8 355.00 232.99 $64.15 $452.61 $19.25 $45.48 $144.87 $15.00 $1,176.84 $377.04 $15.45 $40.00 $3,594.21 $7,237.68 $256.66 $847.78 $42.30 $367.21 $4,729.67 $8,340.57 $9.50 1 386.02 102.38 116.00 $49.52 $703.12 $15.00 $265.30 $228.00 $617.40 $17.02 $399.00 $22.50 $43.87 $150.00 $242.08 $34,368.79 $2,163.00 $27.50 $77.83 $33.00 $187.78 $126.00 $24.26 FA N OPEN -HOLD COUNCIL REPORT TUE, FEB 13, 1996, 1:09 PM page 3 ___ _______ GENERAL FUND _ _ _ ___ -----____----- ___- _______----------- MCGARVEY COFFEE INC - - - - -_ _ -_ COFFEE _______-- $157.95 _ - - - -_ MCLEOD COOP POWER ELECTRIC $1,780.48 MD-COMPASS MEDICAL EXAMS $1,.17 MIDWEST CABLE VISION JANUARY SERVICE $10 $10.42 MINNCOMM PAGING SERVICE & RENT- JANUARY $228.24 MN ASPHALT PAVEMENT ASSC REG - QUENTIN LARSON $80.00 MN CHIEFS OF POLICE REG -STEVE MADSON $220.00 MN COMMERCE DEPARTMENT NOTARY -B. BAUMETZ $40.00 MN CTO ADVISORY COMMITTEE REG -R SHOEN, J GRAY, J BROWN $810.00 MN DEPT OF REVENUE JAN USE TAX $51.26 MN ELEVATOR INC. ELEVATOR SERVICE $65.00 MN MUTUAL LIFE COBRA LIFE- MANGAN $510.72 MN PUBLIC TRANSIT ASSC MEMBERSHIP DUES $75.00 MN SOCIETY OF ARBORICULTURE REG -MARK SCHNOBRICH $215.00 MOGARD, STEVE MEALS, HOTEL, FUEL REIMB $312.79 MR. MOVIES VIDEO RENTALS $7.97 MRPA 996 MEMBERSHIP DUES $450.00 MSSA 1996 DUES- L.KARG $50.00 MUELLER, DAVE REG 1996 STATE BICYCLE CONF $70.00 NICKLASSON ATHLETIC CO BASKE $561.00 NO STATES SUPPLY INC SAW BLADES, SLEEVE ANCHOR,BOLT $124.66 NOGA, JAMIE INDOOR CARNIVAL WORKER $19.25 OLSONS LOCKSMITH LOCK REPAIR ,535.00 PEARCE, JOSHUA CARNIVAL WORK $21.25 PERF PUBLICATIONS VARIOUS PUBLICATIONS $61.92 PERFORMANCE COMPUTER FORMS 8 1/2 X 5 1/2 1 PART PAPER $166.96 PIONEER ENAMEL FLOOR PAINT $119.81 PIONEERLAND LIBRARY SYSTEM 1S QUARTER PAYMENT $18,591.50 PLOTZ, GARY D. MEALS $17.25 POPP ELECTRICAL INC ELECTRICAL REPAIR $59.45 POSTAGE BY PHONE JAN POSTAGE $934.82 PROGRESSIVE BUSINESS PUBLICATI PAYROLL PUBLICATION $195.50 PUBLIC EMPLOYEES ER CONTRIB -JOHN MLINAR $362.95 QUADE ELECTRIC LAMPS $29.71 R &R SPECIALTIES INC GRIND ICE BLADE $82.00 REAL JUSTICE REG -SCOTT SCHUETTE $235.00 - RECKOW'S SR CENTER PARTY -49 MEALS $416.50 REGION VI CHIEFS ASSC 1996 ASSOC DUES $30.00 REID FLOOR COVERING FLOOR COVERING $3,242.55 RUNNING', SUPPLY SHOVEL $42.92 ,CHAFFER, JEFF INDOOR CARNIVAL WORKER $19.25 SCHMELING OIL CO OIL $199.63 SCHNOBRICH, MARK MEALS, HOTEL $63.40 SEWING BASKET UNIFORM REPAIR ,514.91 SHOEN, ROBIN SRT UNIFORM $62.37 SHOPKO TURTLENECK -BLACK $103.30 SORENSEN FARM SUPPLY HUTCH PINS FOR WINGS $9.69 SRF CONSULTING GROUP - PROFESS SERV -LIGHT TRAFFIC PL $13,404.71 STANDARD PRINTING BUSINESS CARDS $515.49 STAR GYMNASTICS SUPPLY FLOOR EXERCISE CARPET $733.40 STAR TRIBUNE NEWSPAPER THRU 2/13/97 $118.56 STOTTS, CASEY FEDERAL ARROWSTICKS $310.00 SWANSON, MARILYN VIDEO TAPE $2.95 SWANSON, 14ARILYN M. PARKING -BLDG OFFIC CONF $2.75 TE74PLETON INC ER CONTRIB FOR JAN 1996 $234.25 TEPLEY, TRACI EVENT WORKER $10.00 TEPLY, TODD MIDDLE SCHOOL DANCE 2/15/96 $375.00 THEIS, JEFF CARNIVAL WORK $21.25 TREADWAY GRAPHICS T- SHIRTS, STICKERS, PENS, ETC $872.17 TRI CO WATER COND SALT $134.64 TWO WAY COM4 INC RF NOTCH FILTER $991.52 U.S.P.C.A. REGION 12 MEMBERSHIP OF US CANINE ASSOC $35.00 UNITED BLDG CENTERS DRY WALL & SCREWS $408.41 US CAVALRY BDU TRSERS $35.90 US WEST COMflMUN FEB SERVICE $207.21 VANORT ELECTRICAL 70W MTAL HALIDE BALLAST,LABOR $172.79 WAAGE, RICHARD MEALS & PARKING $126.67 WAL -MART MOUSE, SOFTWARE, STOR BOX $201.07 WALL STREET JOURNAL 1 YEAR RENEWAL WEST PUBLISHING CO PUBLICATION $ $164.00 399.23 WILIMAR TECHNICAL COLLEGE EMS REFRESH TRAIN -12 STUDENTS $192.00 WINN, DUSTY INDOOR CARNIVAL WORKER $21.25 WRIGHT, NICK INDOOR CARNIVAL WORKER $21.25 XEROX CORP JANUARY COPIER CHARGES $588.33 < $172,153.46• OPEN -HOLD COUNCIL REPORT TUE, FEB 13, 1996, 1:09 PM --- - - - -- - - ----------- -------------------- - -------------- - --------------------- HAT-FAC. CONST. CDW COMPUTER CENTER INC SOFTWARE MN DEPT OF REVENUE SOFTWARE QUADE ELECTRIC WELDER OUTLETS /HATS TWO WAY COMM INC SPEAKER INSTALLATION & PARTS WAL -MART CABLE, SURGE PROT WARNER INDUSTRIAL SUPPLY ANGLE IRON, CUTTER w page 4 --------------- --- $997.86 $63.96 $225.00 $87.99 $12.49 $910.89 $2,298.19* HOUSING REDEV RADTKE &, WILBERT BATHROOM WORK $1,113.97 < *> $1,113.97* HUTCH TRANS FAC. BUSINESSWARE SOLUTIONS SERVICE CALL $45.00 COAST TO COAST ICEMELT $16.81 EMED COMPANY NO SMOKING SIGNS $156.38 G & K SERVICES MAT - $88.10 HILLYARD FLOOR CARE / HUTCHINSON URINAL SCREEN $20.77 HUTCHINSON LEADER CUSTODIAN AD $34.70 HUTCHINSON TEL CO FEB PHONE $278.49 HUTCHINSON UTILITIES GAS & ELECTRIC $5,820.38 POSTAGE BY PHONE HATS POSTAGE $5.76 SHOPKO MULTI COMP WORK $106.49 WAL -MART EXT CORD, SURGE PROT, PHONE $98.62 < *> $6,671.50* LIQUOR STORE AAGARD WEST FEB GARBAGE COLLECTION $39.87 AM.LINEN SUPPLY CO JANUARY DELIVERIES $143.45 BERNICKS PEPSI COLA JAN POP PURCHASES $126.56 CDI OFFICE PRODUCTS LTD PRINTER RIBBON CHUCK'S REF LABOR - COMPRESSOR $ $107.78 279.06 CITY OF HUTCHINSON LOTTERY SALES $1,903.18 CITY OF HUTCHINSON- GENERAL FUN LIQUOR HUTCH PAYROLL FOR 2/2 $6,045.47 COAST TO COAST OPERATING SUPPLIES $67.80 FESTIVAL FOODS MEETING EXPENSES $28.11 HENRYS FOODS INC JAN TOBACCO PURCHASES $1,648.91 HERMEL WHOLESALE JAN TABACCO PURCHASES $395.02 HUTCHINSON TEL CO FEB PHONE $152.78 HUTCHINSON UTILITIES GAS & ELECTRIC $956.54 JOHNSON BROTHERS LIQUOR CO. FEB LIQUOR PURCHASE $1,659.57 KARP RADIO ADVERTISING $8.00 LEAGUE OF MN CITIES 3RD QTR GEN LIAB $435.75 LEHMANN FARMS MISC $96.10 LENNEMAN BEVERAGE DIST. INC FEB BEER PURCHASE $5,143.65 LEO'S TRANSFER JAN FREIGHT $660.16 LOCHER BROS INC, FEB BEER PURCHASE $6,300.05 MN MUTUAL LIFE FEB LIFE $12.60 POSTAGE BY PHONE JAN POSTAGE $16.20 QUALITY WINE & SPIRITS CO. FEB WINE PURCHASE $2,055.58 TRI CO WATER COND WATER BOTTLES $21.08 TRIPLE G DISTRIBUTING INC FEB BEER PURCHASE $6,082.30 VIKING COCA COLA POP $138.55 < *> $34,524.12* RURAL F. D. HUTCH COOP CENEX FUEL $103.02 MOTOROLA INC LABOR & MATERIALS -SE PAGER $37.50 < *> $140.52* WATER /SEWER FUND AAGARD WEST CHANGING SIZE OF GARBAGE CONT $26,179.36 ALLEN OFFICE PROD WEEKLY PLANNERS, NOTEBOOK $13.41 B.A. LIESCH ASSOCIATES PROFESS SERV- COMPOSTING PERMIT $1,727.70 BENNETT OFFICE SUP. KEYGUARD $106.98 BRO -TEX INC. DISPENSER $86.01 BUSINESSWARE SOLUTIONS VIDEO PROFESSOR, STATICIDE $61.61 CAMERA SHOP SLIDE FILM $10.54 CARR FLOWERS GREEN PLANTS & DELIVERY $26.94 CASH WISE SUPPLIES $22.95 CENTRAL MCGOWAN WIRE FEED WELDER $555.82 CITY OF HUTCHINSON FEB MEDICAL $4,266.71 COAST TO COAST CLEANERS $291.68 CROW CHEMICAL CO ICE MELTR, DEOD. $89.14 CURTIN SCIENTIFIC CO RETURN CARTRIDGE KIT $321.89 DAY TIMERS INC INTRO OFFER DEVN JR DSK $279:30 r � v OPEN -HOLD COUNCIL REPORT TUE, FEB 13, 1996, 1:09 PM page 5 --- ---------- WATER /SEWER FUND - ----- --- - ---- -- - ---------- ----------------- DEPT.NATURAL RESOURCES ---- ---------- - ---- 1995 WATER APPROPRIATION FEE - ------- $3,773.26 ---- - --- FEED RITE CONTROLS CALGON C4 ,54,505.97 FITZLOFF HARDWARE BATTERIES $25.53 G & K SERVICES SHOP TOWELS $336.24 HANSON, SCOTT MEALS $46.18 HILLYARD FLOOR CARE / HUTCHINSON SOLV -KWIK 55 GAL $422.48 HTC BOOKSTORE BOILER BOOKS $93.40 HUTCH COOP CENEX FUEL $427.05 HUTCH PLBG & HTG CO REFRIG TEMP CONTROLLER $73.45 HUTCHINSON CELLULAR CELL PHONE & INSTALL $383.40 HUTCHINSON TEL CO FEB PHONE $592.37 HUTCHINSON UTILITIES POSTAGE $21,195.00 HUTCHINSON WHOLESALE SUPPLIES $37.09 JEFF'S ELECTRIC LABOR, HEATERS FOR LIFT STN $743.50 JERABEK MACHINE SERV WELD HOOK $10.00 L & P SUPPLY CO INLET NEEDLE $18.39 LAKES GAS CO. FUEL $333.71 LAMPLIGHTER II MEALS & TIPS $30.00 LEAGUE OF MN CITIES 3RD QTR GEN LIAR $5,678.75 MN DEPT OF REVENUE JAN TAX ,53,182.30 MN MUTUAL LIFE FEB LIFE $70.35 MN SAFETY COUNCIL 1996 ANNUAL METING /LUNCHEON $40.00 MN VALLEY TESTING LAB WATER TESTS $183.00 MPCA REG- G.LANZ ,5300.00 NCL LAB TIMERS $81.47 POSTAGE BY PHONE JAN POSTAGE $85.54 QUADE ELECTRIC PARTS $5.06 RUNNING'S SUPPLY NOZZLES $20.35 RUST ENVIRONMENT PROFESS SERV -COST OF SERV STDY $3,104.51 SANIFILL INC LOADS FOR 1/15 THRU 1/19 $3,280.30 SCHRAM14 IMPLEMENT QUICK HITCH $8,328.13 SCRANTON GILLETTE COMMUNICATIO RENEW SUBSCRIPTION $25.00 SERCO LABORATORIES WATER TESTS $116.44 SERV-0-CAL CALIBRATION OF FLOWMETERS - $698.45 SMOGER, DAVID HOTEL TAX, MEALS $37.94 SOUTHERN MN CONSTRUCTION CO TUB GRINDER $1,998.75 TER MECHANICAL UNIT HEATER- INSTALLED $1,049.18 TOWN & COUNTRY TIRE PATCH TIRE $10.71 UNITED BLDG CENTERS U80 R11 OF $19.16 WATERPRO TOUCH PAD, ECR REGISTER $2,119.73 WEF MEMBERSHIP 40.00 WELCOME NEIGHBOR NOVEMBER LIST 60.00 WINDOWCHEM SOFTWARE DILCALC 77.00 < *> $97 $369,241.53* WIRE TRANSFER PAYROLL FUND MN DEPT OF REVENUE TAXES $5,915.59 e IMMEDIATE PAY COUNCIL REPORT TUE, FEB 13, 1996, 1:09 PM page 1 - -----' CAP.IMPRO.FUND --------------------------' ENDLESS POSSILIBITIES CABINETS ---------' -- — ------- - --- CUSTOM CABINET WORK — -- $6,655.88 ------- - < *> FRIENDLY BEVERAGE CO JAN BEER PURCHASE $6,655.88* JAN LIQUOR PURCHASE G FUND A.T.O.M. AM.LEGION POST REG- S.SICKMANN $395.00 JORDON BEVERAGE INC. JAN BEER PURCHASE #96 EMPLOYEE PARTY $1,035.00 JAN BEER PURCHASE PAUSTIS & SONS DAKOTA RAIL 1996 RENT FOR ELEC SIGN $100.00 QUALITY WINE & SPIRITS CO. JAN BEER PURCHASE DEPT NATURAL RESOURCES DNR REG FEES $2,207.00 JAN MISC PURCHASE WAL - MART FITZLOFF HARDWARE SHOVEL SCOOP & PUSHER $38.32 MOTOR VEHICLE RENEWAL TABS $480.00 MSPS REG- L.HUHN $160.00 SCHMELING, LEROY CABINETS DOWN PYMT $2,662.20 US POSTAL SERVICE NEWSLETTER MAILER $131.31 WAL -MART FILE, POUCH, LETTER TRAY, CLIP $26.32 < *> $7,237.15* HOUSING REDEV <f> CUMMINS &, GERALD REMODELING $9,620.00 $9,620.00* HUTCH TRANS FAC. WAL -MART LIQUOR STORE 4 0 < *> PAYROLL FUND WALL UNIT, PAPER TOWELS CITY OF HUTCHINSON LOTTERY PAYMENT CITY OF HUTCHINSON- GENERAL FUN PAYROLL FOR 1119196 ED PHILLIPS & SONS CO. JAN LIQUOR PURCHASE FRIENDLY BEVERAGE CO JAN BEER PURCHASE GRIGGS COOPER & CO JAN LIQUOR PURCHASE HUTCHINSON LEADER JAN ADVERTISING JOHNSON BROTHERS LIQUOR CO. JAN WINE CREDIT JORDON BEVERAGE INC. JAN BEER PURCHASE LENNEMAN BEVERAGE DIST. INC JAN BEER PURCHASE LOCHER BROS INC JAN BEER PURCHASE PAUSTIS & SONS JAN WINE PURCHASE PRO MAINTENANCE STRIP SEAL WAX QUALITY WINE & SPIRITS CO. JAN BEER PURCHASE STANDARD PRINTING CASSETTE TAPE TRIPLE G DISTRIBUTING INC JAN MISC PURCHASE WAL - MART VIDEO CABINET AETNA VARIABLE LIFE ASS 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 WITHHOLDING TAX ACCT WATER /SEWER FUND MOTOR VEHICLE CO. EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 EMPLOYEE CONTRIB 1 -27 RENEWAL TABS $130.84 $130.84* $1,867.00 $6,419.31 $2,162.65 $983.35 $9,459.65 $550.52 $8,189.11 $ $1,822.4.0 2,997.80 $13,214.55 8 130.00 770.00 $5,579.48 $104.67 $12,878.65 $128.57 $67,257.71* $690.00 $100.00 $158.93 $2,133.45 $124.50 $52.02 $155.00 $318.46 $13,649.16 $448.46 $150.00 8 29,975.31 47,955.29* 80.00 80.00* $138,936.87* it 1•nR YQ,�{R INFVQ ri niiu�- January 30, 1996 City Center 111 Hassen Street Hutchinson, Minnesota 55350 Dear Mayor Marlin Torgerson and Hutchinson City Council, R "CEIVED JAN 3 1 1996 CITY OF HUTCHINSON I'm writing to update you on our progress regarding the project of adding dehumidification equipment to the Hutchinson Civic Arena to allow for summer ice. Our Committee, Family Pledge For Summer Ice has been growing steadily. We now have seventy -eight pledges from families that use the facility. This gives us a total of $15,600.00 raised at this point. We hope to be ordering the equipment in February, so that we can have everything ready for the summer 1996. Plans are also underway for summer skating programs for both figure and hockey skaters. Our projected summer ice program will be four weeks in length starting July 22, 1996. If you have any questions, please call me. 4nnce rt Hantge, Chairman Brad Emans, Vice Chair Jennifer Banal, Treasurer 0 THE NEXT ICEA GE .. ...6 HERE. PRACTICAL TECHNOLOGY E lira -irate Fcg — Eftend &e Peason Vision -obscuring fog, which occurs when outdoor tem- peratures rise. can pose a dangerous threat to skaters as well as an annoyance to spectators. A Munters IceAire system removes huge amounts of moisture from the air. which will ensure fog -free conditions nearly year round. A cid Costly Building ,4: cairn Arena operators must often repaint roofing. ceiling sup- ports and even entire roof systems because of condensed moisture leading to rot, corrosion and decay, The IceAire system will eliminate these costly maintenance problems. _C F ergy C Because the Munters IceAire system eliminates moisture build -up on the surface of the ice, surface condensation no longer must be frozen through several Inches of ice. The refrigeration system will therefore run at its optimum efficiency. saving thousands of dollars in energy costs. lmprove,'ce Qualitf Once. outdoor weathercondc cns controlled the quality of indoor ice. Now the Munters IceAire system creates a Winter -like environment nearly any time cf the year, so skaters can enjoy optimal ice skating conditions even during the warmer seasons. Reduce %at°r CCnJL: ct.on As the Munters IceAire System reduces humidity, it also reduces condenser water corn ,imption, Since the refrig- eration system is no longer struggling to freeze ccn- densed moisture, energy and water are saved. h�1rcT° iL]L'S7y C'dC-� High relative humidities and condensation can cause unpleasant odors which can de annoying and uncomfcrt- aole for skaters and spectators. The IceAire system dehumidifies the air, promoting a healthy, fresh indoor environment, that can turn complaints into compliments. m *"* Munters Mures DryCool 16825 IH 35 North Selma, Texas 78154 210- 651 -5018 800 - 229 -8557 FAX: 210- 651 -9085 0 A 0 Humidity controlled by the IceAire Desiccant System No humidity control ni • ELIMINATE FOG IMPROVE ICE QUALITY LOWER ENERGY COSTS EXT END THE SKATING SEASON BUILDING MAINTENANCE OUTSIDE AIR • DRY PROCESS, RETURN AIR ICEAIRE DESICCANT DEHUMIDIFIER TOMORROW'S TECHNOLOGY TODAY J Excessive humidity is a common problem in indoor ice rinks. Humidity causes fog, condensation on the ice, musty, unpleasant odors, mildew, and rust, which leads to structural decay. The Munters DryCoi IceAire dehumidification system removes moisture from the air, thus eliminating indoor humidity and all of its associated problems. °s- STANDARD INDUSTRY TECHNOLOGY Conventional systems. even those which include refrigeration dehumdifiers, do little to reduce hu- midity inside an Ice arena. At best, these systems can maintain relative humidities of 65 °oat55'F. Thlsmeans water will condense on ;he ice, requir- ing refreezing. This inefficiency strains your equipment. and drives up your energy costs. Your ice can become slushy. vision - obscuring fog forms, and mosture condensing on mterior surfaces causes decay of your build - Ing structure. CUTTING EDGE TECHNOLOGY At the neart of the IceAire System is the HoneyCombeg eesiccant wheel, This dehumidifying wheel acts like a sporge, aosorbidg mOls- lure from the air. There are no frozen coils and no condersahon. IceA re dries 're ax so ceeply that the arena humrldity will remain as low as 20 -30 during �roccupied hours. Atthese levels. condensa- tion on the Ice is so minor that the ice stays hard and your refrigeration system can operate at maximum efficiency, saving energy dollars. IceAire dehumidlflcahon systems also eliminates fog_ roof Crips and unpleasant cdc a.i r, s +: Yergk proposal = Plumbing Heating Sheet Metal FROM ALLI" MECHAN /CAL srs EMS Of nO Sl . 3w M�crup.n slr..l. P o ea. 3e5 NVlcnneM, Mnrrega actvl (612) 587.7930 Fire Protection. Industrial Pipin NC 1r1 7 , POPOSAL SUBMITTED TO PHONE DATE Mary Haugen 234 -4227 12 -18 -95 STREET 'JOB NAME 950 Harrington Street Hutchinson Civic Arena - ITY.STATE AND ZIP CODE JOB LOCATION Hutchinson, MN 55350 ATTN: DATE OF PUNS JOB PHONE Mary Haugen WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: Re: Budget Estimate We propose to furnish and install one (1) Munters dry cool Model A -20 desiccant iceaire unit complete with desiccant wheel, supply air fan, return air filters, reactivation fan, direct fired reactivation burner, outside air inlet filters for reactivation burner, inlet and exhaust hoods, unit is complete weatherproofed for outdoor installation all supply and return air ductwork all necessary gas piping, lifting and setting of unit. Price included check - test -start up of the unit. Budget Estimate Price $47,826.00 lUr /3opm — hereby to lumish (Material and Labor) for the sum of — orty Sew TYctsad Eight Hsdra3 Taffy Six LbllalM an3 t�cllCr dollars (S 97,826'00 ) PAYMENT TO BE MADE AS FOLLOWS UPON COMPANY CREDIT APPLICATKON APPROVAL. A s•MU dw" bued w %M pr•w&V M•rul Hr• will b• dwM" m • ®vRS 30 E•ys Pnr Cu•- L09WAPd c011•nbn mal: 1 uY Pry •rry rwon•GM Kwwyl IM. Ip•I •,p•nf e. v+C met al cdl•abu tra rut* kwn my d•YW. AA rrwerW 4 pur•ON•d 10 be a epoorwd. M w 10 W • icmldYq l0 9 W W prwill. Mr N•r• Or d•v Iw 'rpm •bpi• {p•cff li • bane" •IEra =ts will be W1 ed Only Igdr wr•lw Ord•f% •M Mtl • NW 1Nf W"W& M eprMrl M m hon upOn 9nhw. Cd- Cams or dMry• beyoM our m IrOL NOTE: This proposal k pmd for ; �Rc_ days. A dwuod Sera o&- ,.4 euptane� Of pF'aposa! TM Wwv rrc.e. eo.r+s0.mr]. Mw mwOresr » .r. e„le�. 'o•y enO ar• Mrpy ecceq•O vOw e'• MXOrILeO to m M wort rf :ce IA Peywl•nl -4 a rr O Pww l] WIInN ipOVe Equal Opportunity Employer HUTCHINSON FIRE DEPARTMENT 2C5 T ^ird A:enue SJU(h East HUTCHINSON. MINNESOTA 55350 TO: Mayor and Council FROM: Brad Emans, Fire Chief lu[• lilts ,1,'L��'L�Z�PLL�IL��l�!Z•tlf January 1996 The fire department responded to 28 calls in January. Breakdown of the city calls: 7 - Commercial /Industrial 1 - Multi - Family 2 Vehicle _ • 1 Residential 2 - School 8 - Haz Material Breakdown of the rural calls: 3 - Medicals 1 - Residential 1 - 10 -52 (Accident with injury) 1 - Commercial /Industrial 1 - Haz Mat Drills /Meetings for the month: • Pumper Maintenance • Map Reading /Officer Training with Alarms • SCBA Maintenance The fire department will be releasing the 1995 Annual Report of activities the middle of February. • CITY OF HUTCHINSON EMPLOYEE SAFETY COMMITTEE MINUTES OF DECEMBER 19,1995 There was discussion of purchasing a CD Rom and OSHA manual at some future time. It was decided that the committee should order a Committee Handbook. The suggestion was made that employees should be given the opportunity to purchase child safety seats and carbon monoxide detectors. The following sub - committee appointments were made: Tom Kloss Floyd Groehler Dick Nagy Doug Johnson Gale Boelter Hazel Sitz, Liaison Ken Merrill, Liaison Miscellaneous Committee Eldon Barkeim Ron Carter Cal Rice Marilyn J. Swanson John Arlt RESPONSIBILITIES: • Preparation of City Safety Manual • Policy RESPONSIBILITIES: • Fire Extinguisher Bids • Safety Training • Promotions • Newsletter It was decided that copies of the Employee Safety Committee minutes should be distributed to department heads, advisory persons, and the City Council. Because of a conflict of the directors' meeting being held at the same time as the Safety Committee meeting, the committee's meeting date was changed to the last Thursday of the month at 10:00 am. The next meeting is scheduled for Thursday, January 25, 1996, at 10:00 a.m. in City Center. The sub - committee will meet on January 18. CITY OF HUTCHINSON EMPLOYEE SAFETY COMMITTEE MINUTES OF JANUARY 25,1996 The committee reviewed the employee appointments to the Safety Committee with hopes that everyone would remain active. This item will be followed up at the next meeting. Jim Ford will be added to the Safety Committee to replace Cal Rice. There was discussion of providing an opportunity for employees to purchase carbon monoxide and smoke detectors. Casey Stotts will meet with Jim Marka and the Communication Sub - Committee to develop a plan. Bloodborne pathogen training will be conducted for employees involved with this issue. John Arlt will set up a date and times with Respond Inc. Bid specifications for fire extinguishers was discussed with the Fire Marshall. These will be reviewed for services in the future. Each department was asked to inventory its current extinguishers and forward this comprehensive list to Casey Stotts at the fire station. a There was discussion of conducting another seasonal employee training video. The committee chose to decline repeating the video due to the cost of $500 +. A representative will report to the directors meeting on the week following each Safety Committee meeting to maintain communication regarding committee activities. cc: Ron Carter, Gale Boelter, Jim Ford, Tom Kloss, Dick Nagy, Doug Johnson, Floyd Groehler, Eldon Barkeim, John Arlt, Marilyn J. Swanson. Directors File 02- 02 -1996 04:11PM FROM Smoke —Free Coalition 1 To: Minnesota City Officials From: Judy Knapp Executi ve Nre&4 } i / Re: Youth Access to Tobacco Date: February 1, 1996 TO �4 ' . �5 16112344240 Y.01 On Tuesday, January 30, the Commerce Committee of the Minnesota House of Representatives passed a youth access to tobacco bill that has severe ramifications on the ability of your city to act on this issue locally. The bill, authored by Representative Loren Jennings, sets very minimum standards for limiting youth access to tobacco in the state. Unfortunately, it also prohibits local communities from ever passing ordinances that are stronger than these minimum standards. Your community has already addressed.the issue of youth access to tobacco in some • way. At some point, you or residents in your community may be interested in revisiting the issue. Representative Jenning's bill, if passed as written, will eliminate the ability of your city to ever strengthen the tobacco ordinance you currently have in place. We encourage your involvement in stopping the Legislature from tying the hands of your city on this issue. . Last year, the Minnesota Senate passed a strong youth access bill (S.F. 558) without the Temp provision. We strongly support the original language of that bill. The bill that passed out of the House Commerce Committee on Tuesday 1s referred to as Senate File 558 with House language. This bill is expected to be heard on the House floor in the middle of next week. We believe that local officials have a powerful voice in sending the "No Preemption" message to legislators. Please inform your mayor and city council members about Representative Jeiutings' proposal and encourage them to write or call your local legislator. It is important for legislators to know that officials in their community do not want their power to act on this issue taken away. 8nclosed please find talking points and a copy of the testimony delivered at the committee meeting by Karen Anderson, the President of the League of Minnesota Cities. I appreciate your willingness to act on this quickly. Legislators should be contacted no later than Tuesday, February 6. Your support will help to preserve the right of your community to keep tobacco out of the hands of kids. It's Time We Clear The Air. Minnesota coalition for a Smoke-Free Society 2000 Sae zn km, Pnatdene Spa — sma member of wutlmr, Abu Amuku Ctotett Sotleq. MN D"I n a Ato rtan Hart Amiltlea MN AM R r Nut Cross god Blue Sh1eW of MN • SOLOCU Health Gn ACOM Gmup • Ddm ikmil • Ht1WWtmz% - MN YA&W AmKieft • Puk NkOW Mtdlal Ctnt*r1T=ndttloa AfHhue lord Member otpdsstt . Am d= Uzq Attoditi n of MN a AaMlatron of NantmokerrMN a Nenetp tw" Commmity Wth dvt, • MN Dept. of H"M • MN Mdiul Auxlatloo Allitxe • MN Sm" fer ItTuuorr Cue • NN MedKal Group m1ugement Assn. a NCIb Xwrd Maya Comptehmsla farm CCutet • kbcol d fwblk Hetltb, U of M a VA Med%3 Cemer $35 Foed Center a 420 Noah Filth Stntt a 141aoWls. Minattou 5W 1 • pbooe 1612) 3}6819) a FAX %121)3843412 COALITION 02 - 02 - 1770 04 ;12rm rROM 5MOKe_rree OOalltlOn TO 15122344240 r.02 SUPPORT A TOBACCO LICENSING BILL THAT PRESERVES LOCAL POWERS Oppose Preemption • More acids are smoking. Smoking among Minnesota ninth graders is up 50 since 1992. Almost 40% of our high school seniors smoke every month - far more than the national average. • It's too easy for kids to get tobacco. Without strong licensing laws, kids are able to buy tobacco illegally as much as two- thirds of the time. Everywhere strong ordinances are enacted, compliance with the law increases. For example, with a strong ordinance, St. Paul's violation rate went from 80% in 1993 to 8% in 1995. • Cities like Litchfield, Fergus Falls, St. Cloud, and Shoreview are addressing this problem .with innovative ordinances that are already working. Officials in other cities, like Stillwater, Plymouth, Bemidji, and Hopkins are considering possible new laws. • We need a state law that respects these local initiatives while guaranteeing a floor of protection for all Minnesota children. Current law holds everyone accountable except the store that makes an illegal sale: the clerk can be fined; the minor can be fined; and even an adult who ggives cigarettes to a minor can be fined. Bring the store into the circle of responsibility . S.F.558, ws passed by the Senate, does this. It creates a licensing and penalty system, but preserves th power of each community to decide whether it chooses to do more. The tobacco and retail industries hope to strip local communities of their power to address this problem. Tobacco companies have campaigned across the nation for preemption of cities' power to control tobacco, because most tobacco control ideas begin at the local level. So far, they have succeeded in limiting local control in twenty-six states. Please oppose their efforts here. Language which "grandfathers in" exisiting ordinances is also preemptive because it blocks the ability of cities that have ordinances from any stronger control they may choose to consider in the future. Preserve the power of our cities to adopt pioneering laws like White Bear Lake's first -in- the - nation -ban on cigarette vending machines or Chanhassen's first -in- the- nation requirement that tobacco be placed behind the counter where it cannot be shoplifted. Oppose House language of Senate File 558 that preempts cities' ability to adopt stronger tobacco control ordinances if they choose to do so. 02 -02 -1996 04;12PM FROM Smoke —Free CoallL]on FEB 01 '96 10 :53PM League of Minnesota Cities TO 16122744240 P.03 P.9 145 University Avenue West St. Paul, MN 56103 -2044 TesUmuny of Mayor Karen Anderson, Minnetonka, President of the League of Minna nta Chios on S.F. 5", a bill regulating tobacco prYxhrcts. Rmise Convuerve Committee, January 30, 1996. OoW afternoon, my naLur is Karen Anderson. I am the mayor of Mionetonlat and the President of the League of Minnesota Cities. NU message to you today iA; lkrn't silence cities by pre -c upUng our ability to adopt more stringent regulations regarding tobacco prodncfs. If there is one seutiuwuL on which the 611 cities who are members of the League of Minnesota Cities would all agree, it's the need to retain local authority and control over issues that are truly local. Tlw language of Senate Fite 558 evolved after consultation with city and county otfriews. and reflects broad agreement over how tobacco licensing should be handled. io tint bill cities arc given the oMinn of licensing, and counties agrmd to license and inspect In • unincnrlrotn(al areas, as well as in cities which choose not to tieense. Most importantly, cities that want to restrict the manner of soiling tobacco in some other way than contemplated by state law are permitted to do so. The amendment offered today removes oppottunitics for those local options. We have heard concerits tbat cities will adopt outrageous restrictions. Our experience in Mitwesula shows that is not the cabs. When adopted locally, these ordinances arc subject to extensive discussion, public hearings, and scrutiny by many community interests. City councils arc acutely aware of the need to bah,uce the interests of local chimes and local businesses when adupting these kind of ordinances. The tobacco interests say that local variation make, it dimcult to ego btMiness. In fact they already deal wifh many, Many vaxUtlovs in ordinances across cities, and they seem to Manage just bael zoning, outdoor lighting restrictions, sign requirements, parking regulations, and snowplowing practices arc examples of variations in r.iry laws tlurt affect businesses. Tbesc are JaW hnAinesses which we aw regulating, and primarily local residurls (minors) wbo we are protecting. In fact beverage alcohol, the product most AN EQUAL 0?MRRSnirrY /ArVMVATM Amow F.MPiL1wx (GIV91.120J (YW192b.1m TW(UM14M 1'aRIZU81 -18N 49 oz - 0z - 1770 04E13rm rFTOM Mm Ke_rree coaiiTion To 10122344240 r. 0a similar to tobacco, is subject to many local variations in where and how it is sold and what 46 Penalties are applied to those who sell to minors. Minnesota statutes specifically state that A local authority may impose further restrictions and regulations on the sale of alcoholic beverages." The fact is that with tobacco, as with many products and situations, different measures work in different cities. Many cities have adopted local restrictions on how tobacco is sold by local merchants (not national tobacco companies), and many more are working through this process right now. More than 30 cities, including Minnetonka, have decided for ourselves what restrictions make sense in our communities. We have a strong tradition of local control in Minnesota. Please don't erode or pre -empt that local control today. 0 ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIAMILITY PARTNERSHIP ATTORNEYS AT LAW DAVID B- ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" RICHARD G. McGEE CATHRYN D- REHER GINA M. BRANDT BRETT D- ARNOLD 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 5 541 6 -1 49 2 OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 'ALSO ADMITTED IN TEI S AND NEW YORK February 6, 1996 (6121 545 - 9000 FAX (612) 545 -1793 Gary D. Plotz, City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, MN 55350 • RE: Eminent Domain Matters (Lynn Road Issues) Our File No. 3188 -93252 Dear Gary: 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (612) 587 -7575 FAX (612) 587 -4096 You may recall that on several occasions the council has discussed issues relating to access from Lynn Road to Minnesota State Highway 15. At least one property owner in the area has, from time to time, hinted that litigation over the city's alleged wrongful failure to provide more access might be a possibility. In fact, with regard to the particular property owner in question I can advise you that I did receive telephone contact from an attorney purporting to represent the property owner although nothing has come of that contact which occurred some months ago. I provide this background to the council because I thought that both yourself and the council would find the decision of the Court of Appeals in the matter County of Anoka v. Maego, Inc. to be of interest. This decision appeared in Finance and Commerce on January 5, 1996 and, while not identical to the fax involved in the Lynn Road matter, is similar enough to make litigation by Lynn Road property owners unlikely or at least it sends a very clear signal that such litigation would have to overcome a number of hurdles to be successful. 46 It is my present opinion that the city need not be concerned to any significant degree about the possibility of litigation from Lynn Road property owners and the basis for my opinion is strengthened by this decision. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION K �CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Gary D. Plotz February 6, 1996 Page 2 Should you have any questions with regard to this opinion or the enclosed decision, please do not hesitate to contact me. Thank you. Best regards. Very trul, Enclosure -.L.P. i 0 FmANCE AND COMMERCE AP pF Lkn Coum EDrf10N J ANUARY 5.1991` CIVIL OPINIONS _.I W r' Department of Economic Security Crippen, Judge Dissenting D. Agency File No. 941 Corey P. Cook, Pro Se 1121 Dakota Street South Respondent, Shakopee, MN 55379 -3426 VS. Playworks, ` Richard A. Duncan \ Elizabeth Mary Hendricks - , Schmiesing Relator, Faggre & Benson 220Q Norwest Center 90 South Seventh Street Minneapolis. MN 55402 -3t. Commissioner of Economic Kent E. T Security, Department 2 Security 390 North R< Respondent. St. Paul, MN Filed: January 2 996 \ Office of ADDell'ate Courts SYLLABUS I \ To determine whether the termination of employment is volunta, for good cause attributable to an employer, thus avoiding disqualification for reemployment benefits, in a case where an employee quits his job due to a demotion but the employer proves that the demotion was based on an accurate assessment of the employee's job skills, the fact -finder must determine the reasonableness of the employee's choice to quit, taking into account all of the facts bearing on his demotion, including the loss of wages, the extent of change of job dudes, the reasonable career expectan- cies of the employee because of his tenure with this or other employers, and the employee's remaining chances for advancement after the demo- tion. Reversed and remanded. Considered and decided by Crippen, Presiding Judge, Kalhowski, Judge, and Davies, Judge. OPINION CRIPPEN, Judge (Department of Economic Security) The Commissioner's representative found that respondent Corey Cook quit his job for good cause attributable to relator Playworks, his employ. er, thus qualifying respondent for reemployment compensation benefits pursuant to Minn. Stat. § 268.09 (1994). Relator employer contends that this finding erroneously disregards evidence and findings that the respon- dent, who quit due to a demotion and an accompanying pay cut, was given the new job assignment because of his inability to adequately per- form in his previous position. We reverse and remand, concluding that the Commissioner's representative applied an unduly narrow standard to decide the question of good cause. FACTS Respondent worked full -time for relator, a large childcare and family entertainment center, from September 6, 1994, through December 36, 1994, when he voluntarily quit his employment. Relator originally hired respondent as an entertainment manager at a yearly salary of $27,040. Approximately two weeks after his hiring, respondent was demoted to the position of entertainment coordinator, with a yearly salary of S24,�76, because of inadequate job performance. As entertainment coordinator, respondent again failed to complete many of his assigned job duties. Respondent was counseled on various occa- sions concerning his,eficient job performance; he expressed a desire to improve his wor and during the latter portion of his employment enrolled in se rat training courses at the suggestion of relator. Respond ' ent's performance improved in some areas but remained defi- cient in oth . Relator concluded that respondent was not capable of per- forming a anagement position because of his lack of skills and mo[iva - X then advised respondent that he would be demoted to the posi- sistant teacher at a yearly salary of $17,304. respondent expressed concern about the lower pay, relator respondent that he could possibly return to the position of enter- tainment coordinator if he enrolled in sufficient education courses and improved his job performance. Respondent was also advised that he could obtain a job as a lead teacher by earning several additional educa- tional credits. On December 30, 1994, respondent quit. Respondent sough( reemployment insurance benefits from the Minnesota Department of Economic Security. Reversing a department judge after review of the record, the Commissioner's representative hold that respon- dent was not disqualified from receiving reemployment insurance benefits, finding that respondent voluntarily discontinued employment with good cause attributable to relator because of substantial reductions in pay. ISSUE When an employee is demoted based on a skills assessment found to be credible, is the employee's choice to quit reasonable because of a sub- stantial reduction in the employee's pay? ANALYSIS Th uestion of whether an employee voluntarily terminated employ- ment wi good cause attributable to an employer is a question of law that may be in ndently reviewed. Wood v. Menard, Inc., 490 N.W.2d 441, 443 (Mi App. 1992). Similarly, whether the Commissioner's find- ings support a de ination of misconduct is a question of law subject to de novo review. Ch v. American Nat'l. Ins., 426 N.W.2d 475, 477 (Minn. App. 1988). The reemployment i rance system is intended to benefit indi- viduals who become one toyed through "no fault of their own." Minn. Star. § 268.03 (199 Reemployment insurance statutes are remedial and must be interp red liberally in favor of awarding benefits. Smith v. Employers' O oad Co., 314 N.W.2d 220, 221 -22 (Minn. 1981). A claimant is disqualified for reemploy- ment insurance benefits if the claimant voluntarily terminates employment without good cause attributable to the employer or if the claimant is discharged for misconduct. Minn. Star. § 268.09, subd. 1 (a), (b) (1994). The parties agree that respondent's termi- nation from relator was voluntary. "Good cause" to quit has been defined as a reason that is "real, not imaginary, substantial not trifling, and reasonable, not whimsical; there must be some compulsion produced by extraneous and necessitous cir- cumstances." Ferguson v. Department of Employment Serv., 311 Minn. 34, 44 n.5, 247 N.W.2d 895, 900 n.5 (1976). The standard is "rea- sonableness as applied to the average man or woman, and not to the supersensitive • • *!'Id. A substantial reduction in wages may provide an employee with good cause to quit.l 1 Further, an employee may have good cause to quit it the employer demotes the employee to a position that requires substantially less skill. See Marty v. Dlgita: Equip. Corp., 345 N.W.2d 713, 775 (Minn. 1984) (demotion to interior position with 69 Court of Appeals -r ANNA tr 5,19% ,' nhad oppornavpee fa mvanoement and pay due to employee's violation Of pareon- net policy ragararg romantic relatlorships cnrsaitlned good cause for quoting); Holbrook v. Winneso a Muawan of Modern Art. 406 N.W.2d 537, 539 (Minn. App. 1967), be - dw"d (Mi n. ,lUt 15, 1967) (reassgnmera of assistant 010800f to Sub slantiafy d6erera lob solving clerical duties because of funding amaaba estat- hahed good cause for quoting). we acw)owledge that a change In lob circumstances may be good mss for quitting in some cases: tto4erer, the circum- stances in this irsumoa are distinct inxn those cited above because the employee here was demoted for inad jab pe dfor m ahM Scott v. Photo Ctr., Inc., 306 Minn. 535, 536, 235 N.W.2d 616, 617 (1975) (25 percent reduction in wages resulting from switch to commis- sion from fixed salary established good cause for quitting); McBride v. LeVasseur, 341 N.W2d 299, 300 (Minn. App. 1983) (30 percent reduc- tion in pay resulting from change to hourly pay rate from monthly salary established good cause for quitting). in Sunstar Foods, Inc. Y. Uhlendorf, the Minnesota Supreme Court affirmed a determination that a unilateral reduction in wages of 21 -26 percent was unreasonable, justify- ing the payment of unemployment compensation benefits to striking meat packing plant employees. Sunstar Foods, 310 N.W.2d 80, 85 (Minn. 1981). These rases support the "general rule that a substantial pay reduce lion gives an employee good cause for quitting." Scott, 306 Minn. at 536, 235 N.W.2d at 617. The preceding authorities deal with an employer's unilateral pay cut, not with a demotion and an accompanying salary reduction for unsatis- factory job performance. In determining whether a voluntary termination is for good muse, the relative reasonableness of the employer is not rele- vant. Holbrook v. Minnesota Museum of Art, 405 N.W.2d 537, 540 (Minn. App. 1987). But the employee may not have good cause to refuse a justifiable demotion. This court discussed the latter situation in Dachel v. Ortho Met, Inc„ which involved an employee who incurred a pay cut of approximately 10 percent because of a demotion based on the employ- er's dissatisfaction with the quality of the employee's work. Dachel, 528 N.W.2d 268, 270-71 (Minn. App. 1995). We did not find the employee's pay cut substantial enough under Sunstar Foods to justify the payment of reemployment compensation. Id. at 270. But we also held that an employee lacks good cause to quit when "the average, reasonable person, when faced with a similar choice, would have chosen to remain employed." Id. at 271 (citing Ferguson, 311 Minn. at 44, n. 5, 247 N.W.2d at 900, n.5). In the immediate case, unlike Dachel, the Commissioner's representative found good cause because respondent's pay was reduced from a yearly salary of $27,040 to a yearly salary of $17,304 in four months, a 36 pdroent decrease and a reduction greater than the 21 -26 percent standard set in Sunstar Foods. Sunstar Foods, 310 N.W2d at 84. Nevertheless, because these changes were shown to be justified on the basis of the employee's skills, the case presents the issue of cause to quit that was addressed in Dachel. Relator calls for an even more restrictive approach, a determination that it is necessarily unreasonable and unjustified to quit employment where the employer has made a demotion based on an honest assessment of a person's job skills. Relator defends its position by pointing to undisputed facts that it showed unusual restraint in protecting respondent's job and attempting to place him in appropriate positions. We conclude that neither Sunstar Foods nor Dachel provides a bright line rule that governs a case of this kind. A severe decrease in wages may not justify a choice to quit when the employer has made a demotion after honestly assessing an employee's skills, but it does not follow that an employee's choice to quit is unreasonable in every case of this kind. The Commissioner must determine the reasonableness of an employ- ee's action considering all relevant circumstances which include loss of wages, the extent of the change of job duties, the reasonable career expectancies of the employee because of tenure with this or other employers, and the employee's remaining chances for advancement after the demotion. 2 Tbe Commissioner argues that the reasonableness of an employers position should not determine the good cause of the employee in choosing to quit That proposdion, trowww, does not waend to the unique pmbtem of an employers assessment of an employ s luli; t he subject mans of Dache and this case. Finally, we note that a rigid concern for causative factors attributable to an employee, independent of a broader assessment of an employee's cause for quitting, is only appropriate where an employee's behavior rises to the level of misconduct. See Goodwin v. BPS Guard Services, Inc., FINANCE AND COMMERCE AP rAn COURTS EDMON 524 N.W2d 28, 29 (Minn. App. 1994) (holding an employee quits employment without good cause attributable to the employer when the employer demotes the employee instead of firing the employee for mis- conduct). The issue is not so limited in this case, because we concur with the Commissioner's representative's finding that respondent was not demoted for misconduct. 3 The Cammissonefs representsav cited eridenm that respondents demotions and wage reductions were a result of poor work performance and lack of skill rather than willful, intentional misconduct The definition of - misconduct' specifically eKCludas here inetfiriw y , ursasslaaory conduct. failure in good performance as the result of nabiny a incapacity, htadvertencies or ordinary negligence in isolated instances T11eaN v. M M*O Lumber Co., 295 Minn 372 375, 204 N.W.2d 644, 646 (1973) (quoting noymo Ca Co.v. Naubeca, 237 Wis.249, 259, 296 N.W.636, 640 (1941)). DECISION Where respondent Cook experienced a demotion and accompanying pay cut due to inadequate job performance, the Commissioner's rcpicsen- tative erred by concluding that respondent had good cause to quit without considering other circumstances bearing on respondent's demotion and pay decrease, such as his reasonable career expectancies and his remain- ing opportunities for advancement. We remand for a redetermination of the case consistent with the standard announced in this opinion. Reversed and remanded DAVIES, Judge, (dissenting) I respectfully dissent. Respondent Cook was demoted and his salary was reduced, in two steps, from $27,040 to $17,304, a reduction of 36 percent. A demotion of this magnitude should in almost all cases be treat- ed, as a matter of law, as justification for a voluntary quit, and the employee ought not be disqualified from reemployment benefits. Any other result opens the door to employer conduct —demotion, rather than discharge —that would make administration of the reemployment system impossibly difficult. I agree that Cook may have been ill- advised in leaving a position that we might think matcbed his abilities, especially when the employer appears to have treated him sympathetically throughout the employment, Nonetheless, I am unwilling to second -guess Cook —and the commis - sioner —to arrive at that conclusion. After a 36 percent reduction in pay, the voluntary quit here should be held as a matter of law to have been with good cause attributable to the employer. To rule otherwise requires the department to make expensive inquiries and subtle judgments beyond its capacity and resources —and certainly beyond the capacity of this court. Anoka County Harten, Judge District Court File No. C8 -93 -2011 County of Anoka, Robert M. Johnson petitioner, Anoka County Attorney Daniel A. Klint Respondent, Assistant County Attorney Anoka County Government Center 2100 Third Avenue, 7th Floor Anoka, MN 55303 VS. Maego, Inc., et al., Defendant, Blaine Building Corporation, John F. Bannigan, Jr. et al., James J. Hanton Hannigan & Kelly, P.A. Court of Appeals 70 _ FINANCE AND COMMERCE APPS LLo(M CoijlM EDM ON Aepellrbts (C7- 95- 1585). 1750 North Central life Tower 445 Minnesota Street JANUARY S 1996 summary judgment to the Court On a County. PPeI from summary judgment, - _ St. Paul, MN 55101 this court reviews whether there are any genuine issues of material [act and whether the district court misapplied the law. Betlach v, Wayzata FinaServe, Inc-, John R Banntgan, Jr. Condominium, 281 N.W.2d 328,330 (Minn. 1979). James J. Hanton 1. Access in One Direction. The first issue is whether the district court Appellant (C5-95- 7584). correctly determined as a matter of law that the Bank and Fine arc not -. Fled January 2, 1996 entitled to claim damages for loss of access to the southbound lanes of traffic Office of Appellate Courts SYLLABUS Property owners cannot be denied access to an abutting public highway I.A ro ty without compensation. 1964 Hendrickson v. State, 267 Minn. 436, 440, 127 p petty owner h not entitled compensation when a court con- N.W.2d 165,169 . The supreme court has held swcrs aroad median that limits access m traffic in one direction. - s 2. Evidence of diminished amts due to that property own - ens are "entitled to reasonable access in at least one direction" Reeke v. construction of a road median State, 298 Minn. 500, 503, 215 N.W.2d 786, 788 (1974) (construing is inadmissible as a separate item of damages or as a factor to be consid- Hendrickson). According to the general rule in Hendrickson, Bred in determining the fair marks value of the remaining property. Affirmed• however, property owners are not entitled to damages resulting from the construc- Considered and decided by Amundson, Presiding Judge, Klaphake, don of a median in an abutting highway if they continue to have access in one direction. State v. Gannon Inc., 275 Minn. 14,19-21,145 N.W.2d Judge, and Harten, Judge. 321, 326-27 (1966); see also Benson Hotel Corp, v. City of OPINION Minneapolis, 290 Minn. 14, 22, 187 N.W.2d 610, 615 (1971) (city. may HARTEN Jud ge (Hon. Edward S. Bearse, District Court Trial Judge) convert two -way street into one -way without compensating abutting Anoka County (the County) constructed a median down the center of property owners); City of Chisago City v. Bolt, 360 N.W.2d 390, 392 (Minn. App. 1985) (damages because University Avenue. This resulted in appellants Blaine State Bank (the Bank) and FinaServe, proper access in at least one direc- tion was impaired). Inc. (Fina), occupants of abutting property, no longer having direct access to southbound traffic lanes. The County County of Anoka v. &smaBzadeb, 498 N.W.2d 58 (Minn. App. 1993), denied also brought eminent domain actions to take portions of the Bank's and Fina's review (Minn. May 28, 1993), created an exception to the gener- at rule. In that case we stated that property in order to widen the road, for which the latter were awarded condemnation damages. The Bank and Fina appealed the awards to the when property abuts two highways and the limiting of access to one district court. The district court granted g[an partial summary judgment to the side of the first highway could have the effect of unreasonably County, concluding as a matter of law that (1) restricting access to one direction was not compensabee, and (2) evidence curtailing access from the second, the fact that a median was used on the first highway should not negate the owner's right to access of diminished accessi_ bility was inadmissible to prove fair market value of the remaining Prop- to at least one side the second highway. erty. We affirm the partial summ ud ent in favor of the County. P asYJ �n f Y• de Id. at however, The u s access exception does not apply in the instant cases, however, because access to only one highway is involved. ._ FACTS - - The County brought eminent domain actions to acquire property and The Bank and Fina were compensated for property that was taken from them to widen the road. Having retained access to temporary easements for road reconstruction along University Avenue in 'Blaine and Coon Rapids. The included the northbound traffic lanes, under Hendrickson, they are not entitled to additional compensa- project widening the road and constructing a concrete median down the center of University Avenue. tion for ions of access to the southbound traffic lanes. The district court therefore properly granted partial summary judgment Parcels 18, 19, 20, and 21 are on the east side of University Avenue adjacent to the northbound lanes of traffic. on this issue. 2. Evidence of Diminished Accessibility. The Bank and Fina argue that Before the project, vehicles had access to the parcels from either northbound or southbound lanes. even if diminished access is not separately compensabee, evidence there- of is admissible to prove severance damages.l After the median was constructed, only northbound traffic could directly p enter and exit the m These cases were handled by dillerem district court judges. The ea judge hring the - Parcels 18 and 19 are leased by the Bank. Parcel 18, owned by Blaine Building Corporation, has a bank building Fina case decided this issue with respect to Fina In its order dated May 31, 1995. Although the Bank raised this issue below, it appears that the judge hearing the Bank case did not address the issue in on It. Parcel 19 is vaeant ro erty owned by a partnership named Bacon, Harstad & Savell(oul b order dated May 4, 1995. At oral argument, how - counsel for the Bank and Fina pointed out that the question is the same with Company. Parcels 20 and 21 are owned by Fina. Parcel 20 is r�' Peet to both parties, and the litigation in both files is interwoven in the trial court. We thus decide the issue in both eases. Sae Minn. R. Civ. App. P. 103.D4 (appellate court may vacant. A now vacant commercial building is located on Parcel 21; it was a convenience store and gas station at the time address any issue as justice requires). Severance damages are those damages an owner receives the County started its condemnation action. In 1993, the County condemned and took fee where there has been a partial taking of land. Minneapolis -St. Paul Sanitary Dist, v. title to portions of the Bank's and Fina's properties to widen the road. Court- Fitzpatrick, 201 Minn. 442, 456 -58, 277 N.W. 394, 402 -03 (1937). The appointed commis- - sioners awarded both direct damages for the taking and severance dam- measure of severance damages is the difference between the fair market value of the property before the taking ages for the remainder of each of the parcels; the County and the landowners appealed to district and the fair market value of the property remaining after the taking. State v. Strom, 493 N.W.2d 554, 558 court. The district court granted the County's motions for partial summary judgment with respect to both the Bank's and Fine's (Minn. 1992). The Minnesota Constitution provides: "Private shall be parcels, concluding that since there was access to northbound traffic, loss of access to southbound traffic alone is not com- The property taken, destroyed or damaged for public use without just therefor, first paid or secured." Minn. Const. I, not compensation pensable. district court also concluded that evidence of diminished access is not admissible as a factor to be art. § 13. The general rule is that "subject to the caveat that such proof must be competent, relevant Considered in determining the fair market value of the remaining property for the purpose of calculating severance damages. and material, evidence of any matter [that] would influence a prospective purchaser and seller in fixing the The cases were consolidated on appeal. price at which a sale of the property could be consummated may be considered:' Strom, 493 N.W.2d at 559. ISSUES 1. is appellants' loss of access to southbound traffic a compensabee tak- In Strom, a closely divided supreme court held that evidence of con- struction- related interferences and loss of visibility caused by changes on ing? the property itself was admissible, not as a separate item of damages, but 2. Is evidence of diminished accessibility admissible to determine the fair market value the as a factor to be considered by the facifinder in determining the diminu- tion in of remaining property? market value of the remaining property. Id. at 556. In that case, ANALYSIS Property was taken from the landowner for a four -year temporary con - We must determine whether the district court properly granted partial ences such 55. noise, and dust ire tiv associated I w t ith that tak- 71 Court ofAppeals c IGoa IAN---- - • - ing was admissible to show reduction in fair market value. Id. at 560. In addition, property was taken to raise the frontage road 21 feet. Id. at 558. Because this frontage road obstructed the traveling public's view of the property from the new highway, loss of visibility evidence was held to be admissible because the obstruction was caused by changes on the landowner's property. Id. at 561. We agree with the district court that Strom is distinguishable. The Strom court tied the admissibility of evidence for severance damages to physical changes to the property itself. Minnesota law has traditionally recognized property interests in air, view, and light. See Id. at 558 ing Minn. Stat- §160.08, subd. 5 (1986) ). In the instant cases, however, diminished accessibility does not relate to the physical condition of the property, but solely to a median constructed away from the property. There is no property right to the continuous flow of traffic past one's property. Recke, 298 Minn. at 504, 215 N.W.2d at 788. The question becomes whether evidence of diminished accessibility is relevant to severance damages. Any evidence that makes a material fact more or less probable is relevant. Minn. R. Evid. 401. Evidence of dimin- ished accessibility relates to the change in fair market value, so it is rele- vant under this rule. However, "[ajlthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of '•' confusion of the issues, or misleading the jury" Minn. R. Evid. 403. The determination to admit or exclude evidence rests within the broad discretion of the trial court and its ruling will not be disturbed unless it is based on an erroneous view of the law or constitutes an abuse of discretion. Uselman v. Uselman, 464 N.W.2d 130, 138 (Minn. 1990). The district court determined that if the property owners were allowed to introduce the proffered evidence, the jury would likely infer that the diminished access itself was a eompensable injury. `Admission of evi- dence for non- compensable damages can give rise to an inference that those claims are compensable." Strom, 493 N.W.2d at 565 (Tomljanovich, J., dissenting). We agree with the district court that evi- dence of diminished accessibility would confuse and mislead the jury. Even given proper jury instructions, jurors would have difficulty making a distinction between a noncompensable injury and a factor to be consid- ered in determining severance damages. Thus, in cases such as those presently before us, evidence of diminished accessibility is inadmissible because the probative value is substantially outweighed by the danger of misleading and confusing the jury. Admitting such evidence, even for a limited purpose, would consume the rule that limiting access to one direc- tion is noncompensable. - We hold that loss of access in one direction is not compensable and that evidence of diminished accessibility is inadmissible to prove severance damages. DECISION We affirm partial summary judgment in favor of the County. Affirmed. t t' This opinion w ill be unpublished and may not be cited except as provided by Minn. Star § 480A.08 subd 3 (1994) x S1ACJFMINIS..gTA &s. 951750 0 w Hennepin County Randall, Judge District Court File No. P4 -94 -60137 penalty, Short, Judge In the Matter of Brian C. Southwell 701 Fourth Avenue South Tuan Van Ha, Suite 500 Minneapolis, MN 55415 (for Appellant Tuan Van Ha) Appellant- Michael O. Freeman Court of Appeals AND COMIaRCE APeEUAn Counts EDITION Hennepin County Attorney Carolyn A. Peterson Assistant County Attorney A -2000 Government Center Minneapolis, MN 55487 Filed: January 2. 199 Office of Appellate Courts Considered and decided by Randall, Presiding Judge, Short, Judge, and Foley, Judge.' *Retired judge of the Minnesota Coat of Appeela, san"M by tWpoirament pursuant m Minn. Const art VI, 4 10. UNPUBLISHED OPINION RANDA ,T , Judge (Hon. Isabel Gomez, District Court Trial Judge) Tuan Van Ha appeals from a judgment committing him to the Minnesota Security Hospital for an indeterminate period of time as a per- son mentally ill and dangerous to the public. We affirm' FACTS On July 20, 1993, after dinner and a marijuana joint, Tuan Van Ha hired a woman prostitute and brought her to his home. He disrobed. While Ha was naked, the woman grabbed his wallet and ran. He pulled on his pants, got his rifle, drove the stmets hunting for her, and eventually found her. When he demanded the return of his wallet, she threw a wad of dollar bills at him, swore, turned her back, and walked away Ha then unlocked the trunk of his car, seized a pistol, chased the prosti- tute, and unloaded the weapon at her, hitti ng her in the head and back. She died shortly thereafter. Ha fled but was quickly apprehended. Ha freely admits shooting the woman. Ha was ce In 1975, while an officer in the South Vietnamese army, p tured, imprisoned, beaten, and tortured. After his release, he escaped Vietnam and eventually emigrated to Minnesota in 1980. By all accounts, Ha is a quiet, intelligent man who has been a responsible and productive member of society since his emigration. In the first phase of his August 1994 murder trial, a 12- member jury found Ha guilty of first- degree murder, pursuant to Minn. Stat. § guilty by reaon mental il pursuant to Minn. same Stat. §611.O (1992). attorney Pursuant to Minn.. Slat. § 253B the coon .07, subd. 2 (1994), Y y brought a petition for Ha's commitment as mentally ill and dangerous to the public. On October 13, 1994, the trial court conducted an initial hear- ing pursuant to Minn. Stat. § 253.18, subd. 1 (1994). Based on Ha's med- ical records and a report from th court- appointed examiner, Dr. Thomas Folsom, diagnosing Ha as suffering from post - traumatic stress disorder, the trial court adjudicated Ha mentally ill and dangerous. Because there was no suitable alternative disposition, the court ordered Ha's commit- ment to the Minnesota Security Hospital. At a second hearing, held in stages from January 26 to April 6, 1995, to determine if Ha continued to be mentally ill and dangerous, both the Clinical Director of the Minnesota Security Hospital and ogist testified that they were unable to diagnose aay mental diseterwar- ranting Ha's continued confinement and treatment. In fact, Dr. Farnsworth, the clinical director, testified that, in nearly 10 years of employment with the Minnesota Security Hospital, this was the first time in which a person was found guilty by reason of insanity, has been sent to us, and we find no evidence of a mental disorder. (Emphasis added.) In contrast, Dr. Folsom, the court examiner, testified that he diagnosed Ha as suffering from atypical dissociative disorder caused by post -trau- matic stress disorder. Dr. Folsom testified that, as a psychiatrist and psy- choanalyst, he is trained to detect subtle mental disturbances. He testified Ha had stated he was not in charge of himself during the murder and did not know what he was doing. Dr. Folsom testified that Ha's becoming so enraged over the theft of his wallet that he could not reason was an indi- cation of dissociation. He testified that between dissociative episodes, a person can be totally aware and normal. Dr. Folsom stated that the e' explanation. for Ha's atypical behavior is mental illness. The trial court found Dr. Folsom's diagnosis to be clear and convinem 72 Date: 02/01/06 LIQUOR HUTCH get I JAN., 1996 g et Item code Descriotion DEPTNO -> t (LIMI Count 964 Subtotals -) DEPTNO -> 2 (BEER) Count 577 Subtotals -> DEPTND -> 3 (MINE) Count 910 Subtotals -) DEPTNO -) 5 (ICE) Count 3 Subtotals -) DEPTNO -> 9 (RENTAL) Count 1 Subtotals -> DEPTNO -> 10 (TOBACCO PRODUCTS) Count 196 Subtotals -) DEPTNO --) 90 (MIEC BEER) ' I Subtotals -) A PTND - -) 91 (MISC LIQUOR) Count 1 Subtotals -> DEPTNO -> 92 (MISC NINE) Count 1 Subtotals -> DEPTNO -) 93 (MISC 6.5 %) Corot 310 Subtotals -> Count 2964 Totals -) Extended -- CIS 9-0-H cost Qty Sort;: DEPTNO Ranges: DEPTNO Summary: 'Yes - Year to Date Sales --- - - - - -- Cost Markdowns Sales Profits SP % 16848 119063.40 5142 39663.01 514.50 50413.98 107T,A.97 21.3 8454 49121.70 93% 51888.79 200.61 74553.21 22664.42 30.4 11495 45425.78 2707 10236.67 403.87 15042.73 4806.06 31.9 157 27.30 205.43 178.13 86.7 4 40.00 40.00 100.0 1104 2034.65 1075 1898.77 16.16 2565.57 666.80 26.0 3810 5754.59 - 1317 1719.11 21.14 2471.09 751.96 30.4 ...... 9999 1911 IZZZ= 41711 221400.12 19709 105453.65 1156.28 145292.01 39&;8.36 27.4 I' I CITY OF HUTCHINSON LIQUOR STORE COMPARISON JANUARY 1995 JANUARY TOTAL 1995 LIQUOR BEER WINE MISC. TOTAL BY WEEK 2 592 656 119 70 1,437 3 1,735 1,090 269 78 3,172 4 1,049 1,479 304 110 2,942 5 1,226 1,796 336 91 3,449 6 2,337 3,538 603 180 6,658 7 2,801 4,014 900 225 7,940 9 1,249 1,372 259 90 2,970 10 1,245 1,453 201 91 2,990 11 1,227 1,819 279 115 3,440 12 1,535 2,221 403 138 4,297 13 2,759 4,005 631 201 7,596 14 2,950 4,336 896 248 8,430 16 1,519 1,840 347 116 3,822 17 1,203 1,468 236 73 2,980 18 2,076 1,789 203 108 4,176 19 2.097 2,278 300 180 4,855 20 3,058. 4,218 602 335 8,213 21 2,660 3,977 801 258 7,696 23 1,374 1,530 276 137 3,317 24 1,321 1,539 223 189 3,272 25 3,088 2,014 273 124 5,499 26 1,003 2,447 379 232 4,061 27 2,920 4,763 679 244 8,608 28 3,838 6,875 1,238 379 12,330 30 1,092 1,199 322 96 2,709 31 1,087 1,601 402 82 3,172 TOTAL 49,041 65,317 11,481 4,190 94 TOTAL 44,471 54,010 10,272 3,789 . % OF SALE 38 50 9 3 SALES INC OR DEC 17,487 16 % 25,598 29,723 31,742 37,085 5,881 130,029 112,542 100 0 0 CITY OF HUTCHINSON LIQUOR STORE COMPARISON JANUARY 1996 JANUARY TOTAL 1996 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1 NEW YEAR 2 CLOSED INVENTOR 0 3 1,736 1,791 540 116 4,183 4 1.751 2,195 419 127 4,492 5 2,737 4,195 692 235 7,859 6 3,188 4,204 997 373 8,762 25.296 8 1,330 1,602 538 122 3,592 9 1,306 1,452 485 99 3,342 10 1,703 2,112 393 177 4,385 11 1,438 2,472 498 162 4,570 12 2,706 4,735 1,142 267 8,850 13 2,984 5,452 947 389 9,772 34,511 15 1,099 1,442 249 103 2,893 16 1,654 1,763 319 109 3,845 17 2.648 4,336 716 230 7,930 18 1,081 1,746 317 128 3,272 19 2,357 4,247 898 246 7,748 20 3,438 4,914 1,271 385 10,008 35,696 22 1,466 1,758 485 248 3,957 23 1,526 2,000 333 130 3,989 24 1,636 2,229 527 141 4,533 25 1,936 2,439 369 193 4,937 26 3,209 4,897 998 363 9,467 27 4,099 8,117 1,351 449 14,016 40,899 29 1,227 1,293 251 104 2,875 30 1.192 1,351 287 265 3,095 31 1,495 2,012 438 138 4,083 10,053 TOTAL 50,942 74,754 15,460 5,299 146,455 95TOTALS 49,041 65,317 11,481 4,190 130,029 % OF SALE 35 51 11 4 100 SALES INC OR DEC 16,426 13 % 9. i'J way AUZUKMWSYm A- iwrclde.p�,MD. - AmedWCNW3pc4gcNbMMNAAft Amok Amoko LM A�edpdmd�fm000r �Rr Sip Oiwtpel6LDSlldddL Nu1mPrM�el.l,e yOMPAMMWOOm a0is� D9romhbkr Amodem %WP*lNqCxQP-Y r.,a►p� 8"rAdae. The Minnesota Coalitiott for a Smoke�Free Society 2000 invites you to attend a news conference to announce opposition to preemption of local tobacco control. When: Thursday, February 15 Time: Noon Place: Room 181, State Office Building Speakers: 1. ta S tatg j && j j j= - Representative Rest, who plans to offer an amendment to remove preemption from the bill, will Introduce the issue. 'j Karrn, An ��z� ^T+ 1 id t O the, League ^f M;nnPaota Liiie5 a - Mayor Anderson will describe preemption and the ramifications it would have on all Minnesota cities. $ And-re _ Ms. walsh will discuss the broad base of organizations who oppose preemption. 4. P eter Fisr r. Coalitio ealth - Mr. Fischer represents this national agency that has extensive experience in monitoring state tobacco activity. He will demonstrate evidence that exposes preemption as a tobacco industry tactic. 5. Dr. Hanson will explain that this bill is o not a compromise and, as proposed, would not effectively reduce illegal tobacco sales to minors. Many other organizations will have representatives on hand for questions, including the Minnesota Medical Association, Urban Coalition, Minnesota Society for itespiratory Care, Minnesota Education Association, Minnesota Hospital and Healthcare Partaersldp, American Cancer Society, American Heart Association, American Lung Association, and the Police Chiefs Association 315 Fold Ccnlrr �-A .�'o� 4lhh «m. bAin°eppok• h(+nntaoti 65+01 Tckphone: (61 2) 7 36$193 FAX! (61z) 338 -6362 FEB 14 '% 04:31AM League of Minnesota Cities February 13, 1996 145 University Avenue West St, Paul, MN 55103 -2044 TO: Mayors and Managers ayQ FROM: JofiJarmlik Sr. Intergovernmental Relations Representative RJE: Action Alert/Press Conference on Tobacco Issue One: Tobacco P.1 The House is expected to vote on its version of Senate File 585 a bill which, in its House version, mandates cities to license and inspect all sellers of tobacco products. The bill would also pre -empt any other local regulation regarding the sale of tobacco products. Although existing regulations would be "grandfathered," new or revised city ordinances which regulate door displays, limit self- serve, require age verification, or impose any other local regulation would be prohibited. The League prefers that the legislature pass the Senate version of the bill which in contrast to the House version, softens the mandate by allowing cities to transfer licensing responsibility to the counties, and allows more stringent local regulations than the base state requirements. (It has no mandate and no pre -emption.) Please contact your representative regarding this issue, Tell them to support passage of the Senate version of the bill, and oppose the House version. We also encourage Additional city ffs gals to attend a press conference regarding this matter on Thursday, February information regarding the press conference accompanies this action alert. issue Two: Liquor License Fee Limitation Section 4 of House File 2590, which was passed by the House Commerce Committee on Tuesday, February 13, would limit local on -sale liquor license fees. C The tl 1 would 1 mit the allows license fees to cover the direct cost of licensing and enforcing. fee only to the cost of license issuance, one annual inspection visit, and to recovering any response costs necessitated by calls for police. Contact your representative immediately and urge the deletion of section 4, which limits local authority to establish on -sale liquor fees. JJ:mjd AN EQUAL OPPORTUNITY /AFFIRMATff ACTION EMPLOYER 0 R"(WOR1,1 J LMC FRiDAYFAX Vol. 1, ho.3 Lowe aJblm~au Gaes February 9, 1996 ct. P"'b" A weekly legislative update from the League of Minnesota Cities Hot Topics Vices grip Legislature I" I members Ta Committee busy next week with no less than seven House may consider mandatory tobacco Committee and division meetings. A big hearing for cities will occur licensing next week Monday afternoon when the The tobacco pre- emption/mKiclate bill is on House General Orders Property Tax and TIF Division and could be voted on next week. Please contact your Representatives hears several state aid and prop - and obtain a commitment to vote to remove the mandatory licensing erty tax reform proposals. Cities language and the preemption provisions. Letters from Mayors and should especially keep on eye on Council Resolutions are valuable as well. two proposals that would require The bill would require all cities to license tobacco products vendors property tax increases to be levied and to conduct twice annual compliance checks. It would pre -empt local against market value. The com- authority to adopt any other regulations regarding the sale of tobacco mittee will hear public testimony products, such as restrictions on self - service displays, location of dis- but no wino he taken. plays, etc. The League would prefer that the issue die rather than have the slot the League be a Legis fftdiscus- House bill become law. The full Senate has already passed their own version of the bill Conference February 29. Repre• which would allow cities to choose not to regulate sales (the county sentattive n Ann R are and Senator would then license) and would specifically authorize additional local John regulations. The League supports the Senate version. speakers. Other lobbyists who oppose the bill suggest that we contact the following Representatives, particularly: Bakk, Betterman, Delmont, Dorn, Harder, Kalis, Pawlenty, Pelowski, Rostberg, Vickerman and Ostoff. T that wound have required went ll cities to hold a contested case proceed - Amendment could limit liquor license fees ing and demonstrate cost effec- A proposal in a House omnibus liquor bill says that on -sale licenses tiveness and need for special fees could not exceed the costs of 1) issuing the license; 2) conducting assessment projects looks much an annual inspection of the licensed premises, and; 1) investigating better than It did a week ago. The alleged violations of law or rule at the licensed premises where a rea• hours t this week andin both essful ved hearings sonable belief of a violation exists. Because It proposes to delete existing language stating that the amendments offered by Rep. license fee Is Intended to cover the costs of Issuing and inspecting and Steve Kelley (DFL -St. Paul) and other directly related costs of enforcement, we have concluded that the Son. Linda Runbeck (DFL - Circle legal effect of the amendment would be to force on -sale liquor license Pines) resulted in the deletion of fees to be reduced. In some situations, that could mean on -sale license the most onerous provision for cities. fees of less than $100. Contact your House legislators and insist they delete section four of Thanks to Rep. Kelley an H.F. 2590, which Ilmits government's ability to impose on-sale liquor Sen. Runbeck, and to the legisla- license fees that cover the direct cost of issuance, Inspection, and tors who supported their amend- ments. enforcement. r-- _... J.&M"inn an ckv iegiswive issues, contact any member Of the Uague of Minnesota Cities intergovernmental Relations team.