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cp01-23-1996 c• AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY. JANUARY 23. 1996 CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Thor Skeie, Faith Lutheran Church 3. CONSIDERATION OF MINUTES MINUTES OF REGULAR MEETING OF JANUARY 9, 1996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS FINANCIALANVESTMENT REPORT - DECEMBER 1995 2. PLANNING COMMISSION MINUTES OF DECEMBER 19, 1995 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 95 -162 - AN ORDINANCE OF T14E 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. 10624 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT 3. RESOLUTION NO. 10625 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT FOR LETTING NO. YPROJECT NO. 96- 04BLUFF STREET AND ADAMS STREET 4. RESOLUTION NO. 10626 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (HILLTOP DRIVE, CENTURY AVENUE) 5. RESOLUTION NO. 10627 - RESOLUTION TO ADOPT CENTRAL GARAGE BUDGET 6. RESOLUTION NO. 10628 - RESOLUTION FOR PURCHASE (c) DELINQUENT WATER AND SEWER ACCOUNTS • (d) GAMBLING LICENSE APPLICATION FOR CROW RIVER SNOW PROS CITY COUNCIL AGENDA - JANUARY 23, 1996 0 (e) CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTION 2.71 AND 5.22 TO PROHIBIT BOATHOUSES WITH UNFAVORABLE RECOMMENDATION BY PLANNING COMMISSION (f) CONSIDERATION TO APPROVE THE STORMWATER DETENTION POND - INTERIM STANDARDS WITH FAVORABLE RECOMMENDATIONS BY PLANNING COMMISSION (g) CONSIDERATION TO APPROVE HUSKI ADDITION POND DESIGN WITH FAVORABLE RECOMMENDATION BY PLANNING COMMISSION (h) CONSIDERATION TO APPROVE LOT SPLIT REQUESTED BY ERICKSON'S DIVERSIFIED TO SPLIT 40' FROM THE SOUTHERLY PORTION OF LOT 2, BLOCK 1, HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2 WITH FAVORABLE RECOMMENDATION BY PLANNING COMMISSION (i) CONSIDERATION TO APPROVE REQUEST BY ROGER K. OLSON TO REZONE AGRICULTURAL LAND TO RESIDENTIAL TO ALLOW THE CONSTRUCTION OF SINGLE FAMILY DWELLINGS IN "OLSON'S COUNTRY VIEW SUBDIVISION, LYNN TWP. (2 MILE RADIUS) WITH NO ACTION BY THE PLANNING COMMISSION (j) CONSIDERATION TO APPROVE CONDITIONAL USE PERMIT REQUESTED BY PATRICIA SCHMIDT WHICH RELATES TO OPERATING A BEAUTY SALON EMPLOYING MORE THAN ONE NON - RESIDENT EMPLOYEE LOCATED IN HASSAN VALLEY TWP. (2 MILE RADIUS) WITH NO ACTION BY THE PLANNING COMMISSION Action - Motion to approve consent agenda ' C ■...CI . 11' u Imex"t NONE (a) RESOLUTION NO. 10629 - RESOLUTION TO CONSIDER GRANT APPLICATION FOR C.A.P. GRANT FROM M.P.C.A. Action - Motion to reject - Motion to adopt resolution for application request 0 CITY COUNCIL AGENDA - JANUARY 23, 1996 8. UNFINISHED BUSINESS (a) CONSIDERATION OF 1996 COST OF LIVING ADJUSTMENT (DEFERRED JANUARY 9, 1996) Action - Motion to reject - Motion to approve and adopt Resolution No. 10621 9. NEW BUSINESS (a) DISCUSSION OF SNOWMOBILE CONCERNS (b) PRESENTATION ON HISTORY OF CITY PLANNING AND CONSIDERATION TO ADOPT "EXCELLENCE PLUS" OBJECTIVES Action - Motion to reject - Motion to adopt "Excellence Plus" objectives (c) CONSIDERATION TO PURCHASE THREE OFFICE CUBICLES/FURNITURE FOR THE CITY CENTER Action - Motion to reject - Motion to approve (d) DISCUSSION OF STATUS OF SOUTH GRADE ROAD/TH 15 IMPROVEMENTS (LETTING NO. 5/PROJECT NO. 96 -07) (e) CONSIDERATION OF APPROVAL TO SELL 1977 CHEVROLET TRUCK TO HUTCHINSON SCHOOL DISTRICT FOR A COST OF $8,600.00 Action - Motion to reject - Motion to approve (f) CONSIDERATION TO APPROVE ALLINA MANAGEMENT AGREEMENT Action - Motion to reject - Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • 3 _► • 3 23- Jan -96 • Institution Description TREAS BONDS 644136 TREAS BONDS 644137 Smith Barney CMO 80AP9 Smith Barney GNMA 865M7 Smith Barney 313400 S H 7 Smith Barney 313400 -y64 Marquette 30,020,176.00 Firstate 371 Firstate 363 Firstate 189 e irstate 7.18 % 0 12/12/91 217 Firstate 245 Firstate 411235399 Firstate 1847000000566 Prudential Fed Home Laon Smith Barney FNMA Smith Barney 'CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease A GNMA with fixed maturity but has a call date of 8/12/97 "" Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) 0 1) CMO has been repaid in full 617/95 CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT December 1995 Date Date Interest Of Of Rate Purchase _ Maturity Amount 7.18 % 0 12/12/91 2/15/2001 373,500.00 7.13% 12/12/91 10/15/98 307,312.50 7.380% 2115/93 5/1/2018 (1) 7.363% 2/15/93 8/102002 128,077.78 5.00% 12/30/93 03/10/00 300,071.92 8.19% 12119/94 12116/97 501,002.05 6.30% 12/15/94 12/14/95 500,000.00 6.65% 05/11195 05/16/96 600,000.00 5.70% 10112/95 10/10/96 400,000.00 5.75% 08/10/95 02/15/96 500,000.00 5.75% 08110/95 03114/96 400,000.00 5.75% 08/10/95 04/11196 400,000.00 6.05% 12/14/95 06/13/96 300,000.00 5.50% 12/14/95 12/12/96 500,000.00 6.41% 10/31/95 11/06/00 200,000.00 6.09% 12119/95 12/19/00 500,000.00 12/20/95 06/01/02 206,371.04 $6,116,335.29 'CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease A GNMA with fixed maturity but has a call date of 8/12/97 "" Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0 %) 0 1) CMO has been repaid in full 617/95 DECEMBER 1995 CITY OF HUTCHINSON FINANCIAL STATEMENTS DECEMBER PRELIMINARY 1995 PRELIMINARY REVENUE REPORT - GENERAL MONTH OF YEAR TO ADOPTED BALANCE PERCENTAG DECEMBER DATE ACTUAL BUDGET REMAINING USED •TAXES LICENSES 107,778.12 1,390,459.35 1,402,619.00 12,159.65 99.13% PERMITS AND FEES 2,261.00 3,837.93 28,205.20 173,952.77 22,650.00 173,000.00 (5,555.20) (952.77) 124.53% 100.55% INTERGOVERNMENT REVENUE 1,008,052.35 2,293,471.71 2,271,899.00 (21,572.71) 100.95% CHARGES FOR SERVICES 69,708.92 1,194,134.37 1,032,279.00 (161,855.37) 115.68% FINES & FORFEITS 4,357,73 60,015.57 66,000.00 5,984.43 90.93% INTEREST 57,623.73 189,158.24 50,000.00 (139,158.24) 378.32% SURCHARGES - BLDG PERMITS (1,847.29) 332.82 1,000.00 667.18 3328% CONTRIBUTIONS FROM OTHER FUND 243,000.00 560,364.50 627,500.00 67,135.50 89.30% REIMBURSEMENTS 3,525.36 20,801.65 24,100.00 3,298.35 86.31% SALES 0.00 7,900.00 15,800.00 7,900.00 50.00% TOTAL 1,498,297.85 5,918,796.18 5,686,847.00 (231,949.18) 104.1% EXPENSE REPORT GENERALFUND MAYOR & COUNCIL 2,621.80 53,276.41 46,785.00 (6,491.41) 113.9% CITY ADMINISTRATOR 13,640.80 172,013.04 172,446.00 432.96 99.7% ELECTIONS 31.30 3,915.02 4,875.00 959.98 80.3% FINANCE 23,658.60 284,702.07 289,008.00 4,305.93 98.5% MOTOR VEHICE 8,702.00 101,247.68 91,797.00 (9,450.68) 110.3% ASSESSING 0.00 26,013.00 25,500.00 (513.00) 102.0% LEGAL 8,071.90 91,911.40 86,600.00 (5,311.40) 106.1% PLANNING 7,083.30 91,702.88 95,654.00 3,951.12 95.9% POLICE DEPARTMENT 110,958.90 1,667,981.66 1,403,480.00 (264,501.66) 118.8% SCHOOL LIAISON OFFICER 6,746.60 80,896.61 42,656.00 (38,240.61) 189.6% MERGENCY MANAGEMENT 298.10 1,496.34 400.00 (1,096.34) 374.1% AFETY COUNCIL 250.00 250.00 250.00 0.00 100.0% FIRE DEPARTMENT 16,796.60 131,750.87 161,237.00 29,486.13 81.7% FIRE MARSHAL 1,544.40 22,788.17 21,365.00 (1,423.17) 106.7% PROTECTIVE INSPECTIONS 9,498.40 128,897.84 126,877.00 (2,020.84) 101.6% ENGINEERING 32,084.50 363,952.40 327,541.00 (36,411.40) 111.1% STREETS & ALLEYS 51,541.50 486,946.18 493,574.00 6,627.82 98.7% STREET MAINTENANCE A/C 6,653.40 74,696.78 84,000.00 9,303.22 88.9% CITY HALL 6,598.00 83,449.33 75,266.00 (8,183.33) 110.9% PARK/REC ADMIN. 13,316.50 133,713.13 129,355.00 (4,358.13) 103.4% RECREATION 9,779.20 227,978.08 222,533.00 (5,445.08) 102.4% SENIOR CITIZENS CENTER 6,360.10 98,524.12 81,382.00 (17,142.12) 121.1% CIVIC ARENA 17,855.40 168,239.20 155,702.00 (12,537.20) 108.1% PARK DEPARTMENT 35,234.00 598,838.52 555,100.00 (43,738.52) 107.9% RECREATION BUILDING & POOL 4,281.50 84,404.00 76,958.00 (7,446.00) 109.7% LIBRARY 1,760.70 92,367.14 93,772.00 1,404.86 98.5% CEMETERY 11,319.10 72,979.97 74,901.00 1,921.03 97.4% DEBT SERVICE 930.00 28,214.90 24,984.00 (3,230.90) 112.9% AIRPORT 25,589.10 206,064.33 79,215.00 (126,849.33) 260.1% TRANSIT 8,353.30 163,505.00 175,079.00 11,574.00 93.4% COMMUNITY DEVELOPMENT 5,408.80 81,249.48 70,785.00 (10,464.48) 114.8% UNALLOCATED (31,033.30) 244,009.36 395,770.00 151,760.64 61.7% TOTAL 415,934.50 6,067,974.91 5,684,647.00 (383,127.91) 37.80 • DECEMBER 1995 PRELIMINARY CITY OF HUTCHINSON FINANCIAL REPORT - 1995 (6,166.37) DECEMBE (1,234.41) ENTERPRISE FUNDS PRELIMINARY 0.0% REVENUE REPORT - LIQUOR FUND MONTH OF YEAR TO ADOPTED BALANCEPERCENT • DECEMBER DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES WINE SALES 95,310.12 700,568.98 570,000.00 (130,568.98) 122.9% BEER SALES 46,133.16 231,393.70 172,000.00 (59,393.70) 134.5% BEER DEPOSIT 107,513.97 1,122,753.84 945,000.00 (177,753.84) 118.8% MISC. SALES 272.68 8,120.16 68.20 93,056.06 0.00 63,000.00 (68.20) (30,056.06) 0.0% 147.7% LOTTERY SALES REFUNDS & REIMBURSEMENTS 814.25 484.00 4,164.55 4,000.00 (164.55) 104.1% CASH DISCOUNTS (2,518.39) (331.46) (16,963.67) 0.00 (1,500.00) 331.46 15,463.67 0.0% 1130.9% INTEREST 511.20 5,761.65 2,000.00 (3,761.65) 288.1% TOTAL 256,641.15 2,140,471.85 1,754,500.00 (385,971.85) 122.0% EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES REPAIR & MAINTENANCE 12,273.93 169,274.58 119,828.00 (49,446.58) 141.3% CONSULTING 815.55 12,119.13 5,750.00 (6,369.13) 210.8% OTHER SERVICE & CHARGES 290.75 1,523.94 20,182.34 47,792.11 2,000.00 52,700.00 (18,182.34) 1009.1% DEPRECIATION 0.00 0.00 19,200.00 4,907.89 19,200.00 907% 0.0% DEBT SERVICE TRANSFERS 183.15 34,973.15 34,790.00 (183.15) 100.5% COST OF SALES 55,000.00 118,831.03 130,000.00 1,613,675.98 130,000.00 1,348,700.00 0.00 (264,975.98) 100.0% 119.6% MISCELLANEOUS CAPITAL OUTLAY 39.55 1,138.20 4,130.00 2,991.80 27.6% 8,127.12 8,774.30 5,000.00 (3,774.30) 0.0% TOTAL 197,085.02 2,037,929.79 1,722,098.00 (315,831.79) 118.3% ,REVENUE REPORT - WATER SEWERIFUND SCORE LICENSES WATER SALES WATER TREATMENT SURCHARGE WATER METER REFUSE SERVICES REFUSE SURCHARGE RECYCLE BAGS REFUSE STICKER SALES REFUSE RECYCLING COMPOST CREDIT COMPOST & RECYCLE SALES SEWER SERVICES PENALTY CHARGES INTEREST EARNED LOAN REPAYMENT REFUNDS & REIMBURSEMENTS OTHER CONNECTION CHARGES TOTAL EXPENSE REPORT - WATER SEWER/FUND REFUSE WATER I VASTEWATER TOTAL 72,242.20 (2,957.50) 180.00 43,567.10 4,873.70 21.00 188.00 (5,516.00) (752.00) 1,520.00 167,938.60 1,775.10 0.00 411.80 2,234.20 918.10 286,644.30 59,908.00 500.00 674,972.99 (178.16) 9,026.85 446,166.37 50,234.41 564.17 1,384.00 (56,394.39) (8,684.46) 2,729.30 1, 880, 733.23 15,502.21 48,704.51 49,736.02 8,371.40 17,139.94 800.00 3,201,216.39 33,811.77 448,004.02 136,344.75 826,542.90 64, 373.98 1,492,692.66 234,530.50 2,767,239.58 132,300.00 580,000.00 0.00 16,000.00 440,000.00 49,000.00 500.00 950.00 0.00 (7,000.00) 1,775,000.00 15, 000.00 125,000.00 0.00 3,000.00 2,000.00 3,131, 750.00 405,936.00 1,008,639.00 2,463,779.00 3,878,354.00 72,392.00 45.3% (94,972.99) 116.4% 6,973.15 56.4% (6,166.37) 101.4% (1,234.41) 102.5% (64.17) 0.0% (105,733.23) 108.0% (50221) 103.3% 76,295.49 39.0% (49,736.02) (5,371.40) 279.0% (15,139.94) 857.0% (800.00) (124,060.10) 18.06 (42,068.02) 110.4% 182,096.10 81.9% 971,086.34 60.6% 1,111,114.42 71.4% I • January 23, 1996 MEMO The following funds need to be wired - interest payments - February 1, 1996 • Chemical Bank 55 Water Street, New York, NY 10041 ABA# 021- 000 -128 for account of THE DEPOSITORY TRUST COMPANY for Dividend Deposit Account # 066 - 026 -776 1990A G.O. Medical Facilities $ 98,276.25 1990 G.O. Taxable Medical 145,471.88 1990 Improvement Bonds 45,237.50 1991 Improvement Bonds 35,592.50 1992 Refunding Improvement Bonds 3,750.00 1992 Improvement Bonds 40,426.25 1993 Improvment Bonds 37,136.25 1994 Improvement Bonds 92,753.13 1995B G. O. HATS 52,251.67 1995A Improvment Bonds 135,758.33 $686,653.76 The following funds need to be wired - principal � -/t <1) Chemical Bank, 55 Water Street, New York, NY 10041 ABA# 021 - 000 -128 for the account of DEPOSITORY TRUST COMPANY • Municipal Redemption Account # 066 - 027 -306 � -/t <1) • 1990 G. L. Taxable - Medical 1990 G.O Medical 1990 Improvement Bonds 1991 Improvement Bonds 1992 Refunding Improvement Bonds 1992 Improvement Bonds 1993 Improvement Bonds 1994 Improvement Bonds 19953 G. O. HATS 1995A Improvment Bonds $70,000.00 0,000.00 200,000.00 140,000.00 150,000.00 180,000.00 150,000.00 220,000.00 0 0 $1,110,000.00 (FAX of document must be made at same time for principal payment) 11 1 1 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, December 19, 1995 1. CALL TO ORDER 5 30 P.M The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Craig Lenz, Bill Craig, Dan Prochnow, Glenn Matejka, Roger Gilmer, Bill Arndt and Chairman Wood. Members Absent: None Also present: Planning Coordinator Brenda Ewing, Director of Engineering John Rodeberg and City Attorney G. Barry Anderson • � • • • ._ —� _ � . • ., a .. Mr. Matejka made a motion to approve the minutes dated November 21, 1995, seconded by Mr. Gilmer the motion carried unanimously. ■ s: a) CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 PROHIBITING BOATHOUSES Chairman Wood opened the hearing at 5:32 p.m. with the reading of publication #4886 as published in the Hutchinson Leader on Thursday, December 7, 1995. The request is for the purpose of considering an amendment to the Shoreland Management Ordinance, Sections 2.71 and 5.22 to prohibit boathouses. Planning Coordinator Brenda Ewing explained the recommendation by the DNR hydrologist to prohibit boathouses. Discussion followed on the definition of boathouse versus water oriented accessory structure and also setbacks of water oriented storage buildings. There was discussion on the intent of the language and the restrictiveness. Mr. Craig moved to continue the hearing to January and directed staff to review, seconded by Mr. Lenz the motion carried unanimously. b) CONSIDERATION TO REZONE RECENTLY ANNEXED PROPERTY LOCATED ALONG 5TH AVE. N.E. (GOEBEL PROPERTY) FROM R -1 (SINGLE FAMILY RESIDENCE DISTRICT) TO 1 -1 (LIGHT INDUSTRIAL DISTRICT) Chairman Wood opened the hearing at 5:45 p.m. with the reading of publication #4887 as published in the Hutchinson Leader on Thursday, December 7, 1995. The request is for the purpose of considering to rezone the recently annexed Goebel property along 5th Ave. N.E. from R -1 to 1 -1. Ms. Ewing commented on the recently annexed Goebel property located along 5th Ave. N.E. She stated the rezoning is a housekeeping measure to keep the zoning consistent in the area and that she has contacted Mr. Goebel regarding the rezoning. Mr. Goebel has no objection to rezoning the property to 1 -1. Mr. Prochnow made a motion to close the hearing, seconded by Mr. Gilmer the hearing closed at 5:50 p.m. Mr. Lenz made a motion to approve the rezoning. Is Seconded by Mr. Matejka the motion carried unanimously. � -A. Ill - ICIIINSOA ITANN'IN6 CONINIISSION %IIN(I I ES DLUMBER 19. 1995 C) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTIONS 8.11, 8.12, 8.13, 8.14 AND 8.15 FOR ADDITION OF PAWNBROKER ESTABLISHMENTS Chairman Wood opened the hearing at 5:51 p.m. with the reading of publication #4888 as published in the Hutchinson Leader on Thursday, December 7, 1995. The request is for the purpose of considering an addition to the Zoning Ordinance permitting Pawn Broker Establishments in C -3, C -4, 1 -1, 1 -2 and I/C Districts. Brenda Ewing commented on the request to address the land use for Pawn Broker Establishments. The City Attorney commented on the addition of Precious Metal Dealers also. Discussion followed on the definition of Precious Metal Dealer. City Attorney G. Barry Anderson explained the City Council will decide whether or not the ordinance will include Precious Metal Dealers. There was discussion on the land use decision and the fact the City Council will act on public policy. The consensus of the Planning Commission is not to include Precious Metal Dealers. Mr. Matejka made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 5:57 p.m. Mr. Matekja made a motion to approve the land use for Pawn Broker Establishments not including Precious Metal Dealers. Seconded by Mr. Lenz the motion carried unanimously. • o a) CONSIDERATION OF STAFF RECOMMENDATIONS REGARDING POND DESIGN CRITERIA FOR HUTCHINSON Planning Coordinator Brenda Ewing commented on the standards regarding pond design and the Best Management Practices. Director of Engineering John Rodeberg explained the issues of runoff and drainage which create a need for ponding. He stated the only standard available is the Best Management Practices which regulates by slope and planted growth along the edge of the pond. Mr. Rodeberg explained there is no support for fencing of ponds. He presented an overhead on pond design and stated there will be more ponding in the city. Discussion followed on ponds close to the street. Mr. Rodeberg explained it would be more accessible near the street. There was discussion on liability issues. b) CONSIDERATION OF HUSK[ ADDITION POND DESIGN Mr. Rodeberg recommends a 10:1 or 8:1 slope with the pond 4 feet deep. He stated there is no benefit to a deeper pond. The developer will be liable for the pond on his property. The developer will revise the drawing by the January meeting. Mr. Matejka made a motion to continue both items A and B until January and directed staff to review. Seconded by Mr. Lenz the motion carried unanimously. a) CONSIDERATION OF FINAL PLAT OF " KRSIEAN ACRES PLAT TWO" SUBMITTED BY ANNA KRSIEAN Ms. Ewing stated the dedication has not been received by the Riggotts. The III ICIII�iti(lA I'I_.AAVIS(i CUr`I AIISSIUA' VIIAl IIS UE'CEMri6R 19, 199 request will be continued to January. b) CONSIDERATION OF PRELIMINARY PLAT OF "OLSONS COUNTRY VIEW' LOCATED IN LYNN TWP.. SECTION 13, SUBMITTED BY ROGER OLSON Brenda Ewing commented on staff recommendations requesting shared driveway access and certified septic installers and inspectors. Mr Prochnow made a motion to approve the preliminary plat with staff recommendations. Seconded by Mr. Arndt the motion carried unanimously. c) CONSIDERATION OF FINAL PLAT OF "BUSS SUBDIVISION" LOCATED IN ACOMA TWP., SECTION 13, SUBMITTED BY FABIAN BUSS Planning Coordinator Brenda Ewing explained this property is outside the proposed Urban Boundary District and staff has no recommendation. Mr. Matejka moved no recommendation noting the property is outside the Urban Boundary District. Seconded by Mr. Gilmer the motion carried unanimously. a) Discussion of Comprehensive Plan update of Landuse Map Bonnie Baumetz explained the process used to update the maps for the Comprehensive Plan and stated the staff would possibly review the Comp Plan by quadrants. It was the consensus of the Planning Commission to review the maps the complete city at one time and not by quadrant. b) Discussion of County Comprehensive Plan sections relating to the city and urban boundary district Brenda Ewing explained the review by staff. She stated Jim Marka drafted a letter to McLeod Zoning Administrator Ed Homan regarding areas of concern by the city. C) Discussion of Joint Planning Board progress Ms. Ewing updated the commission on the Joint Planning Board acting as an advisory board holding the public hearing and bringing a recommendation to the County Board. She stated a task force has been formed to discuss and recommend the process to be used. There being no further business the meeting adjourned at 6:40 p.m. 0 ORDINANCE NO. 95 -162 2ND SERIES PUBLICATION NO. 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. 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. PUKpose 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: of 18 years. A. "Minor" means any natural person under the age 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. 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 license. 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. -2- 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 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 and spouse have 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. -3- 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. -4- 19. property taxes that are licensed have been paid, that are unpaid. 20. appropriate. Whether all real estate and personal due and payable for the premises to be and if not paid, the years and amounts Other information which the City deems 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. 8. Fees i 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. C. the year in which the license year months remaining fraction of a moni have elapsed. 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 D. 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 -5- 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. Granting 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, 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 SZ 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: A. An accurate description of the item of property including, 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. the item. D. The amount of money loaned upon or pledged for 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. -7- Subd. 14. photographic Record. A pawnbroker must obtain • a photograph of each person selling or pawning any firearm. The pawnbroker shall notify the person being photographed prior to taking his or her picture. The photograph shall be at least two inches in length by two inches in width and shall be immediately developed and referenced with the information regarding the person and the item sold or pawned. The major portion of the photograph shall include a front facial pose. The photograph shall be retained by the pawnbroker for at least 30 days. Subd. 15. 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. 16. 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 signature of the pawnbroker agent. E. 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. F. The annual rate of interest charged on pawned items received. G. The name and address of the seller or pledger. Subd. 17. Reports to Police. For the types of items listed below, the licensee must submit to the City Police Department on a daily basis 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; ME 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. 18. Stolen or Lost Property. A pawnbroker must report to City police any item pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost. Subd. 19. 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. 20. 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 30 days after the date of such report to the police. However, a person may redeem a pawned item 72 hours after the item was received by the licensee, excluding Sundays and legal holidays. Subd. 21. 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. Subd. 22. Payment by Check. Payment by the licensee for any article deposited, left, purchased, pledged or pawned, shall be made only by check, draft, or other negotiable or nonnegotiable instrument or order of withdrawal which is drawn against fund held by a financial institution. ELM Subd. 23. 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. 24. 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. 25. 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. No licensee under this Section shall sell any items which are transferred from a nonlicensed facility or a licensed facility outside the City. Subd. 26. 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. 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. -10- 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. 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. 1996. Adopted by the City Council this 9th day of January , Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator Published in the Hutchinson Leader First reading: Second readina: 0 -11- ar-m oN EAwmfwA PUBL /C WORKS DEPARTMENT Hutchinson City Center/ III Hassan Street SE / Hutchinson, Minnesota 55350 -2522 /Phone (612) 234 -4209 /FAX (612) 234 -4240 • ENGINEERINGREPORT TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineenng/Public Works DATE: January 23, 1996 SUBJECT: Letting No. 3/Project No. 96-04 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on the 13th day of February, 1996 at 6:00 pm. Project No. 96-04: Bluff Street and Adams Street from 4th Avenue NE 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. Construction Cost Right -of -Way Cost 5655,000.00 $175,000.00 Engineermg/Admmistration $104,800.00 Fiscal/Legal/Interest $ 52,400.00 ESTIMATED TOTAL $982200.00 Assessable Cost $ 50,000.00 Deferred Assessable Cost $ 0.00 City Bonded $ 87,200.00 City Other Funds $ 0.00 MSA $500,000.00 Mn/DOT S 0.00 Federal Funds (ISTEA) S350,000.00 ESTIMATED TOTAL 5987.100.00 cc Cal Rice - Engineering Department file_ L3:96-04 s y 6 Cad RESOLUTION NO. 10624 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. 3 PROJECT NO. 96-04 WHEREAS, it is proposed to improve Bluff Street and Adams Street from 4th Avenue NE 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. WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the D of Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 23rd day of January, 1996- Mayor City Administrator RESOLUTION NO. 10625 • RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT LETTING NO. 3 PROJECT NO. 96-04 WHEREAS, pursuant to a resolution of the Council adopted January 23, 1996, a report has been prepared by the Director of Engineering, with reference to the improvement of Bluff Street and Adams Street from 4th Avenue NE to Washington Avenue by storm sewer, sanitar sewer and services, wacermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and appurtenances. Said report was received by the Council on January 23, 1996. NOW, THEREF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Starutes, Chapter 429, at an estimated total cost of the improvement of $990,000.00. 2. A public hearing shall be held on such proposed improvements on the 15th day of February, 1996, in the Council Chambers of the Hutchinson City Center at 6:00 PM., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 23rd day of January, 1996. • Mayor City Administrator 0 y �.3. RESOLUTION NO. 10626 . RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCH NSON: That the Council hereby establishes that a traffic control device known as a "Not a Through Street" sign shall be erected at the following location: East of Echo Drive SE on Fremont Street SE (replaces "Dead End" sign) That the Council hereby establishes that a traffic control device known as a "Stop" sign shall • be erected at the following locations: On Hilltop Drive NE at Pauls Road NE (2 signs) Adopted this 23rd day of January, 1996 by the City Council of Hutchinson, Minnesota. Mayor - Marlin Torgerson City Administrator - Gary D. Plotz 0 q &y) CITY OF HUTCHINSON RESOLUTION N0, 10627 RESOLUTION ADOPTING CENTRAL GARAGE FUND BUDGETS FOR FISCAL YEAR 1996 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the annual budget of the City of Hutchinson for the fiscal year 1996, which has been submitted by the City Administrator and approved by the City Council is hereby Adopted; the total of said budgets and the major division thereof being as follows: CENTRAL GARAGE FUND Charges for Labor /Parts /Vehicle Rent .8301,659.00 Interest 2,000.00 Other 33.500.00 Total 8337,159.00 Expenditures Personnel Services 53,599.00 Supplies. Repair, Materials 64,300.00 Other Service and Charges 30,680.00 Depreciation 110,000.00 Miscellaneous 2,200.00 Capital Outlay 92.300.00 Total 8353,079.00 BE IT FURTHER RESOLVED: THAT the City Administrator be directed to cause the appropriate accounting entries to be made in the books of the City. Adopted by the City Council this 23rd day of January 1996. Marlin Torgerson ATTEST: Mayor Gary D. Plotz City Administrator 4 B (5) RESOLUTION NO. 1067R CITY OF HUTCHINSON 1] RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Workstation - Eng. Sec. 6,763 New work area Eng General Office Prod. Reception work station Rec Center 5,633 Remodel work area Pk /Rec Yes LeRoy Schneling Ads Spreader 7,850 Sludge spreading WWTP Yes Schram lmplsent S.D. Tractor /Bower /Blower 7,455 New Water Yes LSP Supply Co. *City Hall Construction Finds The following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. I BUDGET I VENDOR Date Approved: Motion made by: O econded by: _ Resolution submitted for Council action by: q 6 <(°) 0 M E M O R A N D U M • -r TWITM Me r•i..r •.r . e u•r W WW r Attached is a listing of the delinquent water and sewer accounts • for the month of Jan. Recommend service be discontinued on Monday, Jan 29th, 1996 at Noon. • —e- 2- 050- 0614 -0301 350 - 0325 -000 Dennis Wedge Xale 614 3rd Ave SW 3 Hu tchinson MN 55350 N 55350 614 3rd Ave SW 3 192.43 1 2- 070 - 0730 -0101 2- 350- 0505 -0201 Bob Conklin Richard Mattson 430 4th Ave SW 505 Dale St Hutchinson MN 55350 Hutchinson MN 55350 430 4th Ave SW 505 Dale St 115.89 93.52 2- 070 - 0535 -0504 2-400- 0750 -0601 David Hall Christine Schulte 535 4th Ave SW 750 Graham St Hutchinson MN 55350 Hutchinson MN 55350 535 4th Ave SW 750 Graham St 93.42 98.98 2- 070 - 0746 -0001 2 -440- 0775 -0701 Micheal Evans Mike Bibeau • 746 4th Ave SW 1233 7th St S Hutchinson MN 55350 Waite Park Mn 56387 746 4th Ave SW 775 Graham St 186.97 151.74 PROMISES 1 -25 -96 PROMISES 1 -26 -96 • 2- 465- 0606 -0202 2- 310- 0934 -0202 Paul Lipinski Wm Herdina 606 Harmony La 934 Church St Hutchinson MN 55350 Hutchinson MN 55350 606 Harmony La 934 Church St 76.39 194.01 PROMISES 1 -26 -96 PROMISES 2 -2 -96 • 2- 465- 0626 -0801 2- 350 - 0317 -0003 Chris Johnson Scott Corrow 626 Harmony La 317 Dale St Hutchinson MN 55350 Hutchinson MN 55350 626 Harmony La 317 Dale St 102.76 101.03 PROMI SES 1 -26 -96 • • 2- 470 -0715 -0301 2- 700 - 1320 -0001 E Duesterhoeft Ronald J Thompson 715 Harrington St 1320 McDonald Dr Hutchinson MN 55350 Hutchinson MN 55350 715 Harrington St 1320 McDonald Dr 122.08 124.37 2- 620 - 0530 -0502 2- 725- 0955 -0504 Dan Carrigan Greg Curry 530 Larson St 955 Milwaukee Ave Hutchinson MN 55a350 Hutchinson MN 55350 530 Larson St 955 Milwaukee Ave 121.56 61.04 2- 670 - 0230 -0705 2- 785- 0946 -0402 Mike Jaster Dr Lobeck 230 Lynn Rd 946 Osgood Ave Hutchinson MN 55350 Hutchinson MN 55350 230 Lynn Rd 946 Osgood Ave 123.55 152.74 2- 670 - 0400 -0109 2- 791 - 0610 -0101 • John Sandahl William Murtha 400 Lynn Rd 610 Park Island Dr Hutchinson MN 55350 Hutchinson MN 55350 400 Lynn Rd 610 Park Island Dr 113.47 233.88 2- 670 - 0585 -0804 2 -805- 0325 -0106 Robert Stone Terry Bisbee 585 Lynn Rd 325 Pishny La E Hutchinson MN 55350 Hutchinson MN 55350 585 Lynn Rd 325 Pishey La E 116.10 105.00 PROMISES 1 -26 -96 2 -675- 0544 -0301 Keith Krommenhouk 544 Madson Ave Hutchinson MN 55350 544 Madson Ave 84.81 • 3- 735- 0441 -0304 Liz Maurer Rt 2 Box 104 Buffalo Lake MN 55314 441 Monroe St 76.22 2- 035- 0505 -0510 Mike Mooney 65 Games Farm Rd Maple Plain MN 55359 505 2nd Ave SW 18.52 PROMISES 1 -26 -96 11 C L J City of Hutchinson • 0 FEE: APPLICATION FOR GAMBLING DEVICES LICENSE Approved by: Building _ Fire _ Application shall be submitted at Police _ least _ days prior to the Gambling occasion L "C_� AND I Name of L . Authorized Offi er of Name of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct Gambling devices in accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending 7 & . Si natures: AV �{2( lc.f C�z�( A hori�d Officer of rranization Designated Gambling ger of organization A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: last) (firs) V -It M S (middle) 2. Residence Address: { I7 1< �1F S I ' Et' +k Nub (street) (city) (state) (zip) 3. Date of Birth: &' /(< /C 4. Place of Birth CIrNccg NiN (mo /day /year) (city /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No X If Yes, explain B. The following is to be completed by the designated gambling manager of organization: 1. True Name: llif��cT� �✓t���e"� Ste✓P (last) (first) (middle) 2. Residence Address: I1 " .2 1/6 ST,-. G/F,.,ccr Al IV (street) (city) (state) (zip) 3. Date of Birth: (o Z 2 3 7G 4. Place of Birth: wcJ ertc�. i MITI (mo /da /year) (city /state) 4b 5. Have you ever been convicted of any crime other than a traffic offense? Yes No , ,X — . If yes, explain 6. How long have you been a member of the organization? I�Ctr 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used Fyk?rs /N+ D o o r u�;;�� 2. Date or dates gambling devices will be used Mart — -Scx-t (date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From S_ M. To a se A.M. P. • P.M. 4. Maximum number of players YO 5. Will pr;zes be paid in money or merchandise? rw oaae� 6. Will refreshments be served during the time the gambling devices will be used? Yes X_ No . If so, will a charge be made for such refreshments? Yes NO D. Organization Information: 1. Address where regular meetings are held 721 - `'_ _ 2. sr Day and time of meetings f TA J c f 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes >— No 4. How long has the organization been in existence? 4a. How many members in the organization? 5. What is the purpose of the organization? SNclr r7nbrim /s, 6. . L4* Officers of the Organization: i�� M c L end T y . Name Address Title G Ar�vl`7AllsK 1eg97 Ks+IE C' /Ll EZL*KE r+ r 1�J�'Fs� p nrcwAK �o77T K�+rF 5;;lU4F+Z .5E 7. Give names of officers or any other persons paid for services to the organization: Name Address Title A • D. Organization Information: (Continued) 8. In whose custody will organization records be kept? Name kk,: -2 , Address i zczz iIc 5rp. 6�eK 9• If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer and Policy No. 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations govern the operation and use of gambling devices? 11. Attach a list of 1 active members of he organization. E. The following information is provi bond given by the gambling manager 1. Name of bonding company h a=r 2. Address of bonding company (p01 3• Amount and duration of bond _ 4. Application is hereby made for requirements. Yes T No >� led concerning a fidelity In favor of the organiz tion. e 4 . Il:� � � • e� 3 waiver of the bonding I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gamblimg, and I will familiarize myself with the contents thereof. X _iJmLti1 '�lL( cL.CC�� G� Signatu e of authorized officer of organization ;"Date: / - /G - - `I �/- S bscribed and sworn to before me aotary public on this day of 19� % ignature of Notary B is Commission expires on /- 3 co Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on Social Security Number: s UDITNA.MROW" NO T NINNEAOTA MN Business ID Number: NICDYI�6piM1d1-00 The Crow River Sno Pro's, Inc. do hereby name Andrew Kirchoff as gambling manager over charitable gambling issues on this fifteenth day of January, 1996. This named position will be responsible for directing and overseeing all gambling events which are licensed to the aforementioned organization. All gambling activities will abide by rules and regulations set forth by the State of Minnesota, the Minnesota Gambling Control Board, and any local authority and ordinances. Gary Mallak Rodney Mathews Deb Nowak Andrew Kirchoff President Vice President Secretary Gambling Manager 0 WQ �Og+Nr C• SHO T PROS, IN SILVER LAM MN SMI V mw= C Z V CITIZENS BANK °t W a-CX- ®8t TRUST CO- IF i� Be sure to qiw &Wren or lot and block numbers DATE -1. RECEIPT N2 - 81717 RECEIVED OF \S�b�l�►�e�v�{lt��f\Cr -� h!_ s �X1 al _ In u !v art) Payment of �N kr ^� itL City of Hutchinson By 1001 ry jssj91s � yGIN" i0 C • r r rr ► ..r DATE: January 17, 1996 IV '• .. r r rr ..rr r• .reu .r Pursuant to Section 6.05, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request to amend Zoning Ordinance # 464 HISTORY In November, 1995, the Hutchinson Planning Staff requested an amendment to the Hutchinson Zoning Ordinance #464 Chapter 11 - Shoreland Management Ordinance Section 2.71 and 5.22 to prohibit boathouses as follows: 0 Section 2.0 - GENERAL PROVISIONS AND DEFINITIONS 2.714 Boathouse. `Boathouse" means a structure designed and used principally for the storage of boats or boating equipment. Boathouses, whether considered as water'oiiented accessory structures, storage,'V*Idings, or otherwise, are prohibited. Expansion of or addition to existing boathouses is a(sbpro b lii. 2.753 Water- oriented accessory structure or facility. "Water- oriented accessory'structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boatheuse9, gazebos, screen houses, fish houses, pump houses, and detached decks. 'Boathouses 'aid ° - not permifte nor Consideied "es water ry accesso- titres; ...__._ City Center 111 Hassan Street SE utchinson, MN 55350 -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 - Priwed an recycled paper - Police Services 10 Fran t l h Street SW Hutchinson, (612). Fax (612 �I E Finding Of Fact Amendment to Shoreland Ordinance Page 2 5.22 Design Criteria For Structures B. (6) Water-oriented accessory structures used ppicJpall - �pjppi�ited, FINDINGS OF FACT I . All procedural requirements for amendments to the Subdivision Ordinance have been complied with. 2. Notice was published in the Hutchinson Leader on Thursday, December 7, 1995. 3. The proposal was deemed to be appropriate and in the best interest of the City. The hearing was held at the regular meeting of the Planning Commission on Tuesday, December 19, 1995, and continued to January 16, 1996, at which time there was no one present objecting to the request RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to amend Hutchinson Zoning Ordinance #464, Chapter 11, Hutchinson Municipal Code be denied as set forth above. It is the recommendation that staff draft new language for clarity and proceed with another public hearing on the issue. Respectfully submitted, Dean Wood, Chairman Hutchinson Planning Commission • MEMO I To: G. Barry Anderson, City Attorney From: Hutchinson Planning Staff Subject: AMENDMENT TO SHORELAND ORDINANCE PROHIBITING BOATHOUSES Date: January 17, 1996 At last evening's Planning Commission meeting, the Commission recommended denial of the proposed amendments to the Shoreland Management Ordinance, Sections 2.71 and 5.22, prohibiting boathouses. Mr. Skip Wright, D.N.R. Hydrologist, was present to consult on this matter and immediately after his presentation the Commission directed legal counsel to submit revised language prohibiting boathouses and all other structures with exception of docks, decks (up to 150 sq. ft.) And boat lifts from within the Shoreland Impact Zone. The Commission also directed staff to consult with McLeod County on this matter and after doing so it appears questionable that this standard would be acceptable throughout the county. The intent of this memo is to request revised language by February 1, 1996 to accommodate the February 20, 1996 public hearing. cc: Planning Staff Planning Commission Ed Homan, McLeod County Zoning Administrator City Council • City Center III Hassan Street SE Hutchinson, MN 55350 -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 on rec)rled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 E PUBLICATION NO. 4886 PUBLISHED IN THE HUTCHINSON LEADER Thursday. December 7, 1995 NOTICE OF PUBLIC HEARING To Whom it May Concern: Notice is hereby given that a public hearing will be held on Tuesday, December 19, 1995, at 5:30 p.m. in Council Chambers at City Hall for the purpose of considering an amendment to City Code, Chapter 11, Zoning Ordinance 464, Appendix A, Shoreland Ordinance, Sections 2.714, 2.753 and 5.22, to prohibit boathouses as follows: Section 2.0 - GENERAL PROVISIONS AND DEFINITIONS 2.714 Boathouse. "Boathouse" means a structure designed and used principally for the storage of boats or boating equipment. Boathouses, whether considered as water oriented accessory structures, storage buildings, or otherwise, are prohibited. Expansion of or addition to existing boathouses is also prohibited. 2.753 Water- oriented accessory structure or facility. "Water- oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, • docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include beathenses, gazebos, screen houses, fish houses, pump houses, and detached decks. Boathouses are not permitted nor considered as water- oriented accessory structures. 5.22 Design Criteria For Structures B. (6) Water- oriented accessory structures used principally for watercraft storage are prohibited. storage of related boating and water oriented sportin oeetipy an afea u to 409 squwe feet provided the maximum ��idlh o ng #44P q0A #q1 R . eorkSguration of the shereline. .__ .9 20 feet as meastifed Fafallel to the This hearing will be held by the Planning commission of the City of Hutchinson. At such hearing, all interested persons may be heard. If you would desire to appeal the Planning Commission's recommendation, you can take your request to the City Council, which has the power to overrule the decision of the Planning Commission. City A strato December 1. 1995 • Dated �r Ll i ARNOLD. ANDERSON & DOVE PROFESSIONAL LIMITED VAOILITT PAATNERSNIP DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. SRUEGGEMANN PAUL D. DOVE RICHARD G. MCGEE CATHRYN D. REHER GIN^ M. BRANDT BRETT D. ARNOLD -"I APMITTEO IN 1EAAE 'NO NEw ""I' Ms. Brenda Ewing Planning Coordinator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON December 1, 1995 OF COUNSEL RAIMONO C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5681 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 554 1612 FAX (61 2 545 - 1 793 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 1612 3892214 FAX 1 612 1 3895506 Re: Boathouse Language Our File No. 3188 -87087 Dear Brenda: I have had an opportunity to review the proposed changes to the shoreline management ordinance with regard to definition and use of the term "boathouse." The proposed changes as outlined are satisfactory. Rather than trying to pick out specific references in the ordinance where the term boathouse ought to be mentioned and then such use specifically prohibited, I would revise the last section of 2.714 to read as follows: Boathouses, whether considered as water oriented accessory structures, storage buildings, or otherwise, are prohibited. Expansion of or addition to existing boathouses is also prohibited. 0 I would also suggest that some consideration be given to the definition of boathouse. As now defined, it references a facility used "solely" for the storage of boats or boating equipment. If I store some yard rakes and other gardening utensils in my boathouse, because the facility is no longer used "solely" for boating purposes, is it now permitted as opposed to prohibited? I would suggest that the word "principally" should be substituted for the word "solely" so that this possibility, however remote, can be addressed. ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 - 2563 16127 567 -7575 FAX 1612 587.4096 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Brenda Ewing December 1, 1995 Page 2 A facility large enough to store a boat, plus assorted other goods, would no longer be considered, I would think, a "small, above ground building" and thus could not be a water oriented accessory structure or facility. I hope these points of clarification are helpful to you in dealing with this issue. Thank you. Best regards. Very truly ARNOLD, AV4M9 j//DOVE, P.L.L.P. G. Barvgrfddrrson GBA:lm 3Ck, DATE: December 5, 1995 TO: Hutchinson Planning Commission FROM: Planning Staff - J. Rodeberg, J. Marka, B. Ewing, M. Hensen, B. Anderson, M. Chelin, L. Huhn and C. Stotts SUBJECT: CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE TO DELETE A PORTION OF SECTIONS 2.7 AND 5.2 REGARDING BOATHOUSES The Planning Staff recommends approval of the amendment to delete boathouses, • promote utility sheds, docks and storage buildings and prohibit the expansion of existing boathouses. LJ CirY Center 111 Hassan Street SE Hutchinson. MN 55350 -1522 (612) 587 -515 1 Fax (6/2)234.4240 Parks 6 Recreation 900 Harrington Street SW Hutchinson. MN 55350 -3097 (612) 587.2975 Far(612)234 -4240 PnmvJ.m ,,, .' Police Services /0 Franklin Street SW Hutchinsot, MN 55350 -2464 1612) 587 -2242 Far(612)587.6427 MEMORANDUM DATE: January 17, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF STAFF RECOMMENDATIONS REGARDING POND DESIGN CRITERIA FOR HUTCHINSON The Planning Commission made a recommendation to approve the Stormwater Detention Pond Interim Standards with the recommended changes: Adding a number 6 stating "Cannot infringe on drainage and utility easements" and possibly including safety issues. Also cross referencing the Best Management Practices Standards for policy. City Center I1 Hassan Street SE rchinson, MN 55350 -2522 (612) 587 -5151 Far (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Far(612)234 -4240 - Pnued on recycled paper - Police Services 10 Franklin. Hutchinson, M (612)58, Far (612) , L M E 5. 1 TO: Planning Commission FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Stormwater Detention Ponds - Interim Standards U M As noted at the last Planning Commission, state and local agencies do have a common standard for stormwater detention ponds. These standards were the ones previously presented to the Planning Commission. Based on these standards ( " Best Management Praclices for Minnesota " and the "National Urban Runoff Program [N'URP] Design Recommendations'), and discussion w ith our Water Resource Consultant (Barr Engineering). the following interim standards are recommended: I. Ponds shall have an average pool depth (basin volume /basin area) greater than or equal to -1 feet and less than 8 }A feet. The deepest portion of the pond shall not exceed 10 feet in depth 2. Basin side slopes shall be no steeper than 3:1, preferabl% flatter. A basin shelf with a minimum width of 20 feet and a 10:1 slope (1 foot deep below, and 1 foot height above) the normal water level shall be constructed. The perimeter of the pond shall be planted with aquatic vegetation. 3. A vehicle access of at least 15 feet in width shall be provided, with a maximum slope of I j% 4. The distance between the inlet and outlets shall be maximized. 5. The outlet shall be designed to provide for a trash rack to prevent clogging and increase public safety. It shall also be designed to allow for the pond to be drawn down at the time of cleaning. These standards shall remain in -place until the final Stormwater Management Plan is approved by the City. ec: Brenda Ewing file: Stormwater Management Plan City Center 111 Hassan Street SE Hutchinson. MN 55350 -2512 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 1612) 587 -2975 Fax (612) 234 -4240 - Pnrued o recpcled paper - Police Seri 10 Franklin Street St4' Hutchinson.AfN 55350 -2464 x612) 587 -2242 Fax i 612) 587.6427 M O R A N D s n lr+� DESCRIPTION AND PURPOSE Detention ponds are impoundments that have a permanent pool of water and also have the capacity • to temporarily store storm water runoff until it is released from the structure. This capability to hold runoff and release it at lower rates than incoming flows has made the detention pond a popular practice for flood control and storm water management If the detention pond will be used for water quality Improvement, as well as for flood control, additional Planning and design considerations will reed to be incorporated. These considerations, which involve the size and shape of the permanent pool, are explained below. TARGET POLLUTANTS Detention ponds are used to interrupt the transport phase of sediment and pollutants associated with it such as trace metals, hydrocarbons, nutrients, and pesticides. When designed according to the recommendations given below, detention ponds can also provide some removal of dissolved nutrients. Detention ponds also reduce the amount of bacteria and oxygen-demanding substances in runoff. EFFECTIVENESS Detention ponds are one of the most effective BMPs available for treatment of urban runoff. During a storm, polluted runoff enters the detention pond basin and displaces "clean" water until polluted runoff reaches the outlet of the sttvcnue. When the polluted runoff does reach the outlet, it will have been diluted by the water previously held in the basin. This reduces the pollutant concentration of the outflow. After the storm, Cute suspended solids in the pond will have a relatively long period of time to settle out until the next storm occurs. In addition to efficient setting. this long detention time also allows some removal of dissolved nutrients through biological uptake (Walker. 19th. These nutrients are mainly removed by algae and aquatic plants. After the algae die, the mutrients can settle to the bottom of the pond and become pan of the sediments. This process results in good pollutant removal from small storm events. Runoff from larger storms will receive treatment, but not to the high level of smaller storm runoff. Studies have shown that because of the frequency distribution of storm events, good control for these small storms is very important to allVg9 4.1.1 long -term pollutant removal. If a detention basin is constructed according to the recommendations Provided here, long-term pollutant removal efficiencies illustrated in Figure 4 1.1 can be expected. 1 0 , a a _3. Cost suP«,aa o■rvM o Tort Pno N9rar 1WY Near ►a Cower Load recommended for each acre-foot of storage in the Pond. For sites with small drainage arcs supplemental water may be needed if a permanent Pool is desired. Locatios Flpluro 1.1.1: Typlcel yet detention pond Performance SoYrea: Waaar, 1987a PLANNING CONSIDERATIONS Site suitability The site for A proposed deterulon pond should have suitable solb to prevent excessive seepage, if seepage Arid evaporation losses from the pond surface are excessive, the pool level well have large fluctua"0111 and the permanent pool may even be totally lost during a dry Period. This will not necessartly reduce the effectiveness of the pond, but the Pool fluctuation may not be aesdxdca]ly acceptable. If a detention pond Is Planned on a Mae with Permeable sandy or silty sails, a Uner constructed be rgede& of compacted CIAY or other materW may The drainage area above a detention pored must be of sumckm size to malntain A permanent pool. Generally, four acres of drainage sea are ISO M 0 Cormuuction of a detenton pored represents a signincam c+Pltal investment and mathananoe commlrmenL Costs of deteatloe ponds were summarized by MlRP (USEPA, 1983). These costa are shown graphically In Figure 1.14. This flgare demonstrates the � " UP 01 a won ponds with As sh0" in Figure 1.1 -2, regional detention ponds with larger drainage areas ate generally more cost effective than onsite basins. Aw u*n ar rernavar *ad" b Tss 10 1.0 (B" was as a of uro�in drai^aw anal Figure 1.1.2: Goat of detention ponds Source: USEPl1. 191[3 7.1 -2 10189 ,� '5amow tearof Urban uw / by basin in 0 • Regional detention ponds have several other advantages as well. Although regional ponds may leave some areas unprotected, studies have concluded that random placement of detention facilities in a watershed may have little effect on overall pear flows and can actually increase downstream problems (McCuen, 1979; Amandes Bedlent, 1980). Because of M. on-site basins may not reduce pear flows enough to control flooding and streambark erostoa 11 drainage area of regional ponds should be small enough to mimmize unprotected areas, but large enough to allow coat savings and meet overall storm water management goals. Anodes advantage of mgional delendon ponds is that they can sometimes provide cost-effective control for pre- developed areas as welt as for new development. This is an important coosideradon when nonpomt source pollution from previously developed areas must be controlled to meet water quality goals. In many cases, rite cost of on-site detention in previously developed areas would be prohibitively expensive. Proper maintenance of detention ponds is important to their long-term effectiveness. hvtaintenance of regional lords will normally be performed by a local -emit of government while property owners are responsible for maintenance of on -site practices. Maintenance by a local urdt of government may result in more timely maintenance of detention Ponds. especially when expensive sediment: removal is required. If sediment is allowed to accumulate o excessive depths, the efficiency of a detention pond from a water quality standpoint can be severely impaired. Effect on ground water The Impact of infiltration basins on ground water were studied as a pan of NiJRP. Those studies concluded that then: was no significant impact to ground water from the infiltration basins. This information is discussed as part of Ptacdce 4.3, Infiltration Basin Since a detention pond would be designed to discourage infiltration, the potential for ground water contamination would be much k than that for infiltration basins. However, in areas with fractured limestone or shallow aquifers, there must be at least two feet of soil between the pond and the limestone or aquifer to act as a seal curd mWmpze seepage from the pond. Sediment disposal Ckmdng sediment out of detention ponds is costly. A review of pond dredging in Virginia found that costa ranged from $6.23 to $22.40 per cubic: yard (Wieglud et W. 1986). The average cost in that study was approximately $14 per cubic yard. Coats depend upon the size of the basin, methods used for excavation, curd distance to the disposal site. if ftlog bas are required at the disposal sloe, this win Increase disposal costs even more. Hauling sediment can fnemm disposal costs by $3 to $10 per cubic yard depending upon the distance involved. Because of this, it is recommended that a sediment disposal site be located adjacent to the basin whenever possible. This will reduce expected maintenance costs significantly. Another option o reduce maintenance costs is to build in extra sediment storage when the basin is constructed. Removing sediment later typically costs several times as much as excavation at the time of construcdoa Because of the pollutants presen In detention pond sediment, proper disposal needs to be carefully considered (Zanonf, 1986). Accumulated sediment must be hurdled and disposed of In a manner that will not affect surface or ground water. In general, sediment should be disposed of In a location where it will be stable and not in contact with humans (Le, do not spread sediment on a parr or playgmumd area). When disposed of on-site, sediment should be covered with at least four inches of topsoil and vegetated to prevent remobilizadon. Do not dispose of Sediment where concentrated flows may create a gully erosion hazard. If high concuwadons of Pollutants zee found in the sediment, special disposal procedures may be required to stabilize the 10/89 4.1.3 Top vie. $40 View Sou": SchuNa, 1987 Pollutants. In all cases, sediment must be disposed of in accordance with applicable waste disposal regulations. DESIGN RECOMMENDATIONS The recommendations included here are based mainly upon criteria in Design Calculations For Wet Derendoe Ponds (Vlralker, 1987a). This paper was Prepared by William W. Walker, Jr. for the St. Paul Water Utility and Vadnais Lake Area water Management Orlardzatiot, The criteria that walker &*velOPed Am based upon Nationwide Urban Runoff Program results of the The criteria are listed in the order of importance 1983). respect to water quality. PoRance with Pool volume "be Pe"Inanent Pool than the rurpf[ from as 2 cinch rakW for fully devebped watershed conditions. Use the recommended procedure in Chapter 7 to determine the volume of runoff. in most of Afrtmesota, this volume will provide an average hydraulic residence time in the pond of approximately 15 days for summer months. Sediment storage must be added to this volume to compute the total pood vole ne, Use equation 4.2 -1 on page 4.2-6 to estimate sediment storage volumes. 4.1-4 10/89 0 Pond depth The average depth of the permanent pool should be greater than or equal to 4 feet, but less than 10 feu. If shallower depths are used, fine sediments may be resuspended by wind - generated currents. If depths of greater than 10 feet are used. the pond may be subject to temporary thermal smdficadm This, in turrh, may result in releases of phosphorus from the anoxic or nearly anoxic bottom sediments. The phosphorus quantities may then be mixed back into the upper layer of the pond by wind- generated Currants. This is referred to as an "internal loading." Pond shape "Plug flow" conditions ate desirable in a wet pond to enhance water quality bmefits. In an Ideal plug flow siwaoott the pond volume would be totally displaced before runoff is discharged. This ideal condition will not occur, but the pond should be designed to encourage it as much as possible. The is most effective shape of the pond to promote plug flow is to have a lenga width ratio of 3 or mote. This may not be practical in some situations where site restrictions determine the pond shape. In some cases, baffles can be used to prevent short-circuiting in ponds with small lengoywidth ratios. Another alternative to irtcte413e plug -flow characteristics is to COnWW two or mom: ponds in series that have a total volume equal to that described above. Slopes For safety reasons and to promote the growth of rooted aquatic plants, a gently sloping bench should be provided that extends into the pool at least 10 feet This bench should have a slope of 10:1 (hodzmW. or flatter. The vegetation growing on this bench will serve to reduce the chance of shoreline erosion from wave action, provide habitat for wildlife, and help improve water quality. Although rooted aquatic vegetation obtains most of its nutrients from the bottom sediments, algae attached to the plants will use dissolved nutrients in the pond. Beyond the bench, the slope should be 3:1 or flatter. The maximum slope that can be used may be limited by the stability of the soils encountered. Inlet and outlet It is desirable to provide a fombay at the inlet to the pond to provide energy dissipation and trap coarse sediments such as road sand. The forebay consists of an area Just below the inlet that will trap own sediments and is relatively easy to clean out This will allow regular removal of coarse sediments and ptolomg the interval between costly sediment cleartout in the pond area. The inlet should be designed to minimize turbulence in the pond during inflow. Relatively low velocities created in a pond during inflow can resuspend sediments that were previously settled out At the outlet of the pond, consider [sing a skimmer baffle to trap floating debris. This type of baffle is easily adapted to most pipe oudw and will prevent floating debris from passing through the structure. See Practice 4.7, Floatable Shimmer, for more information. Flood routing The recommendations provided here are baud upon permanent pool volume and are contingent upon the release rate from the structure. In many urban areas, the criteria for flood routing is subject to local regulation. Check with the local watershed district or water madagement organization for requirements. In all cases, state dam safety regulations, which are administered by the Minnesota Departrmertt of Natural Resources, must be followed. In the event that this practice is being used in an area without local criteria, the design frequency criteria in Table 4.1 -1 can be used as a minimum. For small ponds, the simplified routing procedure included in Section 72 of this handbook can be used. This procedure is conservative and win result in storage volumes slightly larger than those computed with more detailed touting procedures. For large polls, or on sites where construction costs will be 14189 4.1 -5 Table 4.1.1: R Recommended Minimum Design F Frequency Drainage area M Minimum design treQue (Years) (acres) Minimum Pipe E Effective fill M Maximum P � E Emergency storage(aC•fl) P spillway y y �M,�. 0 20 5 5 s 0-20 so _ _ s 20-80 8 8 0 020 2 so 2 2 2 29 20.80 2 10 0 20- SO 5 8 80-250 1 10 S 0.20 S SO 1 10 2 s0 AN olhets 1 15 1 10 S S�0 25 � Freeboard is the � nLin spillway the water *Wam In it* vegetativa spy ay d�InO the passage of the e y stoat► and the should be 1.0 fora. IcP of settled fill. The rnlnhrim freeboard 2 a Pri►tCl N s thm I Is rsquked to 0-A embankment Bonds exrxpt WtW* ft drakWOO area is urder then iesrp fxk spillway trick fuf� flow D 1M emerperny V*"y Is in pool oorditbn K rgrourtd outlet Is regttked. high a more detailed flood routing Procedure should be used. Technical Release 48, Structural Stu Analytic Computer Program, DAMS2, from die Soil Conservation Service (SCS. 1982) is an example of It more detailed design procodun Structure design and construction All embas i ents, spillways, etc. should meet the criteria of SCS Smndard 378, Ponds (SCS Field OMe Technical Guide), whenever applicaaa Construction should be in accordance with aPProPnate construction and material specifications. MAINTENANCE Maintenance for detention ponds cut be characterized by two categories, M udne and nonrtwtine maintenance. Routine m linje nu oe involves activities such as mowing grass, controlling weeds and woody vegetation, repairing eroded areas and removing debr is. Maintenance i ns p emons , should be used to Icy tbese rmnWe majnie ^w needs. NonmUtine m atnlenarw mcludes sediment cleanout and major structural V Using suggestions from the Planning ¢] CatuWn1doos section 0-O �Itt sed i m em ted niques and materials � � for later structural repa Wben maintenance is nailed, Prompt action can also minimize remedial action cost. There are certain considerations that can be used in detentoa pond designs that will beip reduce operation and maimenance oozes. Some of tbese Items may not increase construction oasts significantly, but can make maintenance easier when required. I • Koep all slopes 3:1 or flatter so that vegetation an be maintained eaaly. 4.1-6 MU • 2 . The principal spillway intake should be Protected with a trash rack to prevent clogging. 3. vehicle access to the pond should be at least 10 feu wide. and the access should not be steeper than 15 pereertt. Maintenance access should never Cross an emergency spillway unless the spillway has been desipW for this. 4. On -site sediment disposal sites should be provided whenever possible. The coat of sediment cleanout increases drastkally when sediment must be disposed of off -site. 5. Provide a drawdown device to drain the pe xm p 'rnis can eliminate the need for pumini if the pool is drained for sediment cleanout or other maintenance. 6. Construct the principal spillway of materials that will resist failure from corrosion or • deterioration for the design life of the structure. • 4.1 -7 C DATE: January 17, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF HUSKI ADDITION POND DESIGN The Planning Commission recommends approval of the pond design provided it meets the requirements of the Best Management Practice Standards and the recently approved Hutchinson Stormwater Detention Pond Interim Standards. The final design of the pond is to come back to the Planning Commission when received by City Staff for final review. 0 City Center 111 Hassan Street SE utchinson, MN 55350 -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 - Pnnted m recycled paper Police Services 10 Frank, Hutchinson, n (612) 5r G Fax (612) DATE: January 17, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF LOT SPLIT REQUESTED BY ERICKSON'S DIVERSIFIED TO SPLIT 40' FROM SOUTHERLY PORTION OF LOT 2, BLOCK 1, HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2 The Planning Commission recommends approval of the lot split with staff recommendations regarding parking agreement between the businesses. City Center 1 11 Hassan Street SE uichinson, MN55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -.3097 (612) 5872975 - Fax (612) 2344240 - Printed on recycled paper - Police Services 10 Franklin " Hutchinson, MN (6l2) 587 Fax (612) 58 CERTIFICATE OF SURVEY FOR S ER I CKSON' S D I V E R S I F I E D CORP. PART OF LOT 2, BLOCK I, HUTCH INSON DOWNTOWN REDEVELOPMENT PLAT N0. 2 DESCRIPTION The south 40.00 feat of Lot 2, Block I,HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2, according to the recorded plat thereof. LOT 2 I- I W W , vJ e I wss r , atr � I I w Y I — I I • I a e 0 D — South Ilne of Lot 2, clock I, Hutchinson Downtown R•d•velsPaunt Plat No. 2 Z Q Z a LOT 7 N89 30' 31' E 140.18 N G� I LOT 6 I e O O LOT I • Denotes Iron monument found O Denotes Iron monument sat 1 hereby certify that this Survey, Plan or Report was prepared by me or under my dlreot supervision and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. (.0 /2 __, % , Reg. No. 9&26, Date: GC / G / 9 9 s BK i I DATE: January 17, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REZONING REQUEST BY ROGER K. OLSON TO REZONE AGRICULTURE LAND TO RESIDENTIAL TO ALLOW THE CONSTRUCTION OF SINGLE FAMILY DWELLINGS IN OLSON'S COUNTRY VIEW SUBDIVISION, LYNN TWP. (2 MILE RADIUS) The Planning Commission took no action on the request. The item was not on the agenda due to the date it was received by the County. City Center 1II Hassan Street SE utchinson, MN 55350 -2522 (612) 587.5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Far (612) 234 -4240 - Pncusd m recycled paper - Police Services 10 Franklin Stre Hutchinson, MN55- (612)587.22 I Faz (612) 587 -6 `I STATE OF MINNESOTA COUNTY OF MCLE00 NOTICE OF PUBLIC HEARING YW ARE HEREBY NOTIFIED that a regular meeting of the Mc lm od County Planning Commission will be hold an the 71st day of January, 1996, at 6:30 a. a., in the County Commissioners' Room at the Courthouse, Glenda, Minnesota. THE PURPOSE Of SAID MEETING is to consider the applicatiae for Platting and Rezoning heretofore filed with the Canty Zoning Administrator by Roger K. Olson and Robert Olson. Said application for Platting relates to Olson's Country View subdivision, Said 110pning APPlidation Ins bean slbsittsd for a Aszoning from 'A' Agricultural to 'R -1- Rural Residential to allow the construction of single fasily dwellings in Olson' Country View Subdivision, THE PREMISES UPON WHICH said Platting and Rezoning is anticipated and situated in the County of McLeod mnd State of Minnesota is described as follows to wit: The S 640' of the M 363' of the S 1/2 of the S 1/2 Of the SM t/t of Sac 13, Trp 116 N, Rng 30 M, Mcleod county, MN. THIS HEARING will be held by the McLeod Canty Planning Commission at Mich time you say appear if you desire, either In person or by agent or attorney, in Opposition to or support of the proposed Platting and Rezoning. Thereafter, the McLeod County Planning Commission shall forward its recomsendatians to tha County Board of Commissioners. If you desire to appeal the Planning Commission's rocomendations, YOU can take Your request to the County Board which has the power to overrule the decision Of the Planning Commission. DATED THIS 3rd DAY OF January, 1996, Edwin E. How McLeod Canty Zoning Administrator RECEV z z) AN 8 1996 • CITY OF HUT;,,ti „VSON LYNN '•` +S COCE 9 RANGE 30w_ �- F lb NGRTH I C - , ID'J.a c.•cC 11 trP NL /� V NN �^ P ND if • N.! !. If / rMla • "J 9A �� Ll�.- ].. J .`. a[vt-w - aVE.FLdCGG .•4n � . ��. l` ."- \ \ \ �' • T \ V, .A� A �\��� \ \) "ON w.n3CN `. Cwa M2[N CkMRT .ctmr DO •LLD oa - f \ \\�\' ¢rT YAM 'S• { C2 5 JR. ' ] a]q IIT f G1011L LO JCwMSDr.• i L.LfF \ \\ \\ \ \ \\� f jINL =_ Is•SO � RPN n Cam_ AN • `•' [fMf { �Y L C3 _ — - r�C - SET LLOYp r"a SfR JPf.50M "Y' Rx" TERRY f 1 \ \ _ T['RES (p 130 �'RUDY La.[R UAL \\ . sJ YRp aw[NOORFI DCNALO \ -• y am RSV LN.Pr aLPI4 110 {aLrET2 \ \\ • , V L RICHARD f lAWW Z ( \ _ LJ3MY • lO JOS[1N • 1.3]7 1cfn. t{� , , RE• CON.( JEFFREY • o(f ORalf ACHA o { ^ / m Q ! 1Oc" FRA1 JANET r I 50`lQt. -Aft I\SM 1 I{O rRa7[R 2{2 f 300 ■ 14 7 Y LARRY f f ILyM { Lws I 1 4 CiTT 04 ROT 21(M N E O "A.T I.ot IRoo"? \,{y 116 N { O' • ■ p FCCFC M3• f YaIITM 11TT( I I 1 •••Ca IETE*30M Y.SpRT SON t II (� L f JOAN r TER ' ETAL200 so 1 { . IN 1 .20 I f0 Ip 40 1A SOa 4 A■ "Y • m sTi"1¢n nLa 3 . I C ONNIE �4V (.l Pt TTYaN G ' . J I , WC, O _ �r RASER I �•� S La /'' LOLt5 LO YI aM _ I:ISE ��5�'••�L _ : �]O 51 �PJ'N 2.0'3 - -: a %30TQ V +. Rf _FD 1 q.iLK! r. DE "Na"0 J • Pry' a 70 OaRLE 1E R�O��I 3 •c •0 :% !C OELO"ES GLf CuI [1RNnN I0.D11L 3a'rYCM a e 0 .f R[RPQrt RCI�R n PETTY.N IL.TN - L RING'S OTT �,YC =ft o 3 " /� i70 r Ib M C 220 ^LSCN Q[NMI 1 r. !N4: b ' I QIt-! YORRl7 'Law • -_ C ."0 "[NYIN d•q / LO-14 YO ; l t0 �� 30 h'^` I 1 350 R •O 1 Ol3oN • e„= it u/..L14 riO i 'CO Lr y �! nTe-- LD! a .L'm RTO i<.RYafy S-RLEY [w ry I ` C1N E ! �1 !i '].Yl •+.IRf�] 30 133 50 W r�. I n T ' 3nLl N[ in ;I L� `♦ • L a U I 1 ^ •,KENTOM ' Ly(/.{ � 1 •.� !(SyCT FMV T70M1 EUGENE e ^ / YP TY nr /�• I �I JEF."tY •• E' ML NR fTal. ® aM[t] ATM ZR♦ YwTCN3 j J E41 Q 17.'p - -� Ji Jfr 7 So e^% p� ] EIRar a '� : i. j y{OlO .*(RYAN ZM ter. «. i ELD: al,,Y"S Ice %G Ufa Y YaTEW1 ET /a`N aoRl PC'LR ETUI I SO 34 iI 1 '. �a ao-t v 30' Ito 5110 Q [LYE" { 4'C1ol� — � !Y1 VTH —E *CHARD OT TO Ip«sc« ��oLES c"Nc[Tr IEO .. l af„ ^ (� MAU.c z 3fao Lo •D _17 {o T ,.•.. 'w I a .' fO ' I 3o A.�.ml w v .� T VC VAT IIL IIM' S OTTO S c ]T'0 CAACL* a Jvllt'MI:f �J OEM * i aus FRTw nvEa w l Y Ca "OL QT TO ` IREtt' OLESC1. V Nfo-1 / pLilO1 RAr«lb' IL •IE CS - +I>D •1. E ftkLE a i' �3 rtTrw ; n ; VER I . m II 1 `� aURT STATE C SO • 253 .eua fY sY T R'a'm i! I INCrfE y F• +b 4"WIMCTA ``))^� i.N ' •D _[[� I ' + VI NHES4TI J b y l� - _II• Ltl_ a M:. -i ]a '•Ji LE - aCICN] {D O 1s514 /) .YI � Xisc i I..AO'_E RrT .{5 O'1 �I- L /fF t E K [' COLLINS IPAGE 31 , TY1P C DATE: January 18, 1996 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY PATRICIA SCHMIDT WHICH RELATES TO OPERATING A BEAUTY SALON EMPLOYING MORE THAN ONE NON - RESIDENT EMPLOYEE LOCATED IN HASSAN VALLEY TWP. (TWO MILE RADIUS) The Planning Commission took no action on the request due to the item not being placed on the agenda as it was received too late for the agenda- City Center III Hassan Street SE tchinson. MN55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax (612) 2344240 - Printed on recycled payer - Police Services 10 Franklin Sr, Hutchinson, MN5- (612) 587 -' Fax (612) 5P f RECEIVED JAN N 1996 CITY OF riu" L;i- n1SON STATE OF NINNE40iq COUNTY OF MCLEOO NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that a regular meeting of the McLe County Plats in9 Commission Will be held an the 31st day of Jan., 1996, at B:3o am, in the Cnty Commissioners' Re at the Courthouse, Glencoe, MN. THE PURPOSE OF SAID MEETING Is to consider an application for a Conditional Use Permit heretofore filed with the County Zoning Administrator by Patricia Schmidt. Said application for A Conditional Use Permit relates to operating a beauty salon =Playing owe than orm eon- resident employes. THE PAINISEg UPON WHICH said Conditional use is anticipated and situated in the Cnty of McLeod A St of MH is described as follows to wit: That part of Lot 24 of Aud.'a Plat of Lot 15 of Aud.'a Plat Of Sac 7, Twp 116H of Rng 29w, described as follow, to -wit: 50 9• at the Intersection of the centerline of Cnty Hwy 25 f a lirm 150' S'ly of A parallel with the N line of said Lot 24; thence w'ly along said parallel line a distance of 239'; thence S'ly, at right angles to said Parallel line a distance of 250'; thence E'ly, parallel With said N line A distance of 355.15' to the centerline of said Hwy 25; thence NW'ly along said centerline ■ distance of 275.94' to the Point of beg. THIS HEARING will be hold by the McLeod Cnty Planning Comm. at Mich time You nay appear if you desire, either in person or by agent or attorney, in opposition to or euPPOrt Of the Proposed Conditional Use. Thereafter, the Mcleod Cnty Planning Comm . shall forward Its recommendations to the Cnty Board of Commissioners. If you desire to appeal the Planning Commission's recommendatione, You can take your request to the County Board which has the Power to overrule the decision Of the Planning Commission. DATED THIS 3rd DAY OF January, 199a _� -C <Ls✓ 1. '_�rs. -. - <— Edwin E. Homan McLeod County Zoning Administrator HIP 116 NORTH .Urcroso« VNI W W IRF \ T, HASSAN VALLEY CODE -6 I.,.., •1 RANGE 29 WEST TWo t Ica ly y Ef C `F I SUMTER I P.A 131 MINUTES HUTCHINSON PLANNING COMMISSION FOR YOUR INFORMATION Tuesday, January 16, 1996 • CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Roger Gilmer, Dan Prochnow, Glenn Matejka, Bill Arndt, Bill Craig and Chairman Wood. Members absent: Craig Lenz Also present: Brenda Ewing, Planning Coordinator, Jim Marka, Director of Building, Planning and Zoning, John Rodeberg, Director of Engineering, G. Barry Anderson, City Attorney, and Skip Wright, DNR Hydrologist Mr. Craig made a motion to approve the minutes dated December 19, 1996, seconded by Mr. Arndt the motion carried unanimously. a) CONTINUATION OF CONSIDERATION OF AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 TO PROHIBIT BOATHOUSES Chairman Wood reopened the hearing at 5:32 p.m. with the reading of publication # 4886 as published in the Hutchinson Leader on Thursday, December 7, 1995. • The request is for the purpose of considering an amendment to the Shoreland Management Ordinance, Sections 2.71 and 5.22 to prohibit boathouses. Director of Building, Planning and Zoning Jim Marka commented on the proposal and introduced Mr. Skip Wright, DNR Area Hydrologist for further explanation of the request to prohibit boathouses along area lakes and rivers. Mr. Wright explained the ordinance and asked Planning Commissioners to remember there was a committee involved in the creation of the ordinance. He stated the standards are the minimum standards and explained the interpretation of allowable water accessory structures. Mr. Wright also commented on the "shore impact zone" and the standards developed for water accessory structures. Discussion followed on the allowable size of the storage buildings and the setbacks. Mr. Wright stated the model ordinance follows State Statutes. There was discussion of the "shore impact zone" and restrictions in the zone. Mr. Wright suggested allowing decks of a certain size, possibly 250 sq. ft., and prohibit boathouses. Discussion followed on the difference between a boathouse and a water accessory structure. Mr. Wright stated if the purpose of the ordinance is to maintain water quality and protect the appearance of the shoreline, he would suggest prohibiting boathouses and allowing only decks. There was discussion on what the City would permit. City Attorney. G. Barry Anderson suggested the commissioners look at cleaning up • the language to permit boathouses or not to permit them and provide distinct descriptions of what is and is not permitted. Discussion followed on the maintenance of the structures along the water. Mr. Arndt, a resident on Otter Lake, stated some of the changes he has seen have been destructive to the shoreline. 1 JANUARY 16, 1996 He then gave examples of the well meaning construction which over time have been destructive. Mr. Wright suggested he and the city staff meet with the county for consistency of the ordinance. There was discussion on the need to meet with county officials. 0 Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:07 p.m. Mr. Craig made a motion to close this issue and set a new public hearing for the ordinance amendment with wording to include permitting decks and docks in the "shore impact zone ". The motion was withdrawn. Mr. Craig made a motion to deny the proposed ordinance prohibiting boathouses and return next month with a public hearing to amend the ordinance as discussed reviewing staff recommendations. Seconded by Mr. Matejka, discussion followed on also redefining the language, the motion carried unanimously. WEEKO I�-ILM y a) CONSIDERATION OF STAFF RECOMMENDATIONS REGARDING POND DESIGN CRITERIA FOR HUTCHINSON Director of Engineering, John Rodeberg, commented on his recommendation and explained the reasons for depth regulations as set by N.U.R.P. standards. He suggested changing the depth standards from 10' to 8' and commented on the basin side slopes. Mr. Rodeberg stated the Stormwater Management Plan reflects the Best Management Practices standards. He commented on the proposal for Huski Addition detention pond and stated he has not heard from Mr. Kohorst of Sand Properties. • Discussion followed on the maintenance of detention ponds. Mr. Rodeberg stated maintenance is required every 20 -25 years. He commented on the design of the pond in Huski Addition and explained the inlet and outlet are to close. Mr. Matejka suggested adding a #6 to include wording so as not to infringe on utility and drainage easements. There was also discussion on adding safety issues to the list. Mr. Rodeberg explained these standards will cross reference the Best Management Practices standards. Mr. Matejka made a motion to approve the Stormwater Detention Ponds Interim Standards with the recommended changes as discussed earlier. Seconded by Mr. Craig the motion carried unanimously. b) CONSIDERATION OF HUSKI ADDITION POND DESIGN Mr. Marka suggested to move forward on the design with review by the Planning Commission when Sand Properties provides the final design. Mr. Craig made a motion to approve the pond design providing it meets the requirements of the Best Management Practices Standards as acted on in the previous item, seconded by Mr. Arndt the motion carried unanimously. Mr. Craig made a second motion that the final pond design be brought back to the Planning • Commission when received and reviewed by staff for final review. Seconded by Mr. Matejka the motion carried unanimously. K HUTCHINSON PLANNING COMMISSION %11NU FPS • JANUARY t6, 1996 5. NEW BUSINESS a) CONSIDERATION OF LOT SPLIT REQUESTED BY ERICKSON'S DIVERSIFIED Planning Coordinator Brenda Ewing explained the request by Erickson's Diversified to split 40' from the southerly portion of Lot 2. She stated Coast to Coast will be increasing their lot 40' for remodeling and addition. Mr. Marka commented on staff suggestion for a parking agreement between the two businesses. Mr. Matejka made a motion to approve the request with staff recommendation, seconded by Mr. Gilmer the motion carried unanimously. a) Update of Comprehensive Plan Landuse Map and Street System Map Jim Marka commented on the over all format of the Comprehensive Plan and the progress of the process. He stated the final product should be a more functional document. b) Update of Joint Planning Agency • Mr. Marka commented on the task force and the process in place to establish a Joint Planning Agency. He stated the Joint Board will act as the Planning Commission on items within the Urban Boundary Area. Jim explained it appears the City will staff the application process, organize the informational meeting and public hearings and follow through with the customer. C) For Your Information - Parkside Resolution Jim Marka explained the resolution. d) Rezoning requested by Roger K. Olson from Agricultural to Residential the plat known as Olson's Country View Subdivision located in Lynn Twp. (2 mile radius) Brenda Ewing explained the plat was approved last month and the rezoning is the next step. Discussion followed on the legality of acting on this item since it was not received in time for the agenda. No action was taken. e) Conditional use permit requested by Patricia Schmidt which relates to operating a beauty salon employing more than one non - resident employee located in Hassan Valley Twp. (2 mile radius) Ms. Ewing explained the county requires a conditional use permit for home occupations employing more than on non - resident employee. • No action was taken as the item was received too late for the agenda. Staff was directed to obtain a legal opinion from the City Attorney for clarification of acting on items not placed on the agenda. There being no further business the meeting adjourned at 6:45 p.m. C MEMO To: Mayor and City Council From: Gary Plotz and Randy DeVries Subject: APPROVAL OF APPLICATION FOR A C.A.P. GRANT FROM THE OFFICE OF ENVIRONMENTAL ASSISTANCE Date: January 18, 1996 Enclosed is a copy of the resolution requesting the approval of the application for a C.A.P. Grant to the Office of Environmental Assistance. This grant will be for an expansion of our compost facility. The total cost of the project is $490,000.00 of which the City's cost will be $250,000.00 or 50%. The City of Hutchinson can at any time refuse the grant money. There are very few grants like this around anymore and we request approval for this application. 90 City Center 111 Hassan Street SE Hutchinson, MN 55350 -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 on recycled paper - Police Sc ^ ^raC 10 Franklin Hutchinson, W (612) 5, r 1 Fax (6121 ��� 9 RESOLUTION NO. 10629 RESOLUTION TO APPROVE GRANT APPLICATION FOR C.A.P. GRANT FROM M.P.C.A. WHEREAS, the City of Hutchinson has made application to the Office of Environmental Assistance for a capital assistance program grant to construct a solid waste composting facility, BE IT RESOLVED, by the Hutchinson City Council, that the City of Hutchinson will implement the project, provide necessary local financing, ans accept and exercise the governmental powers necessary to develop and operate the project. BE IT FURTHER RESOLVED, the Hutchinson City Council authorizes the City Administrator to sign the Preliminary Capital Assistance program grant application on behalf of the City of Hutchinson. Adopted this 23rd day of January, 1996. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator 0 C January 19, 1996 i • A 2 percent cost of living for 1996 has been estimated as follows: General Fund $58,447.00 Liquor Fund 3,374.00 Water /WasteWater/ Refuse 8,068.00 Central Garage 917.00 Cost of COLA $70,806.00 The cost of merit adjustments for 1996 was requested based upon 1995 is as follows: General Fund $32,431.00* Liquor Fund 3,079.00 Water /WasteWater/ Refuse 7,784.00 Central Garage 212.00 Estimated cost of merit $43,506.00 City Center 111 Hassan Street SE Hutchinson, MN 55350 -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 an recycled paper - An estimate Police ° - 10 Frankli Hutchinson, M (612) 5t Fax (612) Page 2 • Total cost of COLA and merit as outlined above would be: General Fund 90,878.00* Liquor Fund 6,453.00 Water /WasteWater/ Refuse 15,852.00 Central Garage 1,129.00 Total Cost $114,312.00 *Does not include 5% adjustment for police officers at mid year, 1996, of $14,974 as outlined when 1995 pay plan was adopted. H:d�)L.N C goal lelos -vp M E M O R A N D U M TO MAYOR AND CITY COUNCIL FROM CITY ADMINISTRATOR, DIRECTORS AND STAFF Gary Plotz Do 1f Moon ow—' John Rodebe�rg Ken Merril �J Jim Marka I Randy DeVr e Steve Madson Neil Wegner g Hazel Sitz Lj� RE RECOMMENDED ANNUAL WAGE ADJUSTMENT FOR 1995 As in the past, the directors have sought input from their various departments for a requested annual wage admustment for 1996. Consumer price index information as attached was provided to the departments. Employees believe their following requests are fairz Water/Wastewater 2.78% Police 2.75 to 3% Liquor Store 2.6 % Building /Zoning /Planning 2.25% Parks /Recreation 2.45% Transit 2.5 % Street /Motor Pool 2.75% Finance /Motor Vehicle 2.68% Engineering 2.5 % AVERAGE 2.64% Directors have met and discussed the requests. In the Interests of conservatism and In order to help hold the line on costs, the request of the directors Is that the general adjustment for 1996 be 2%. The updated pay plan Resolution for 1996 is attached, with the pay grid showing a 2% adjustment. Action would be to adopt the percentage and the 1996 pay plan, Resolution No. 10621. City Center • 111 Hassan Street SE Hutchinson. MN 55350 -1522 (612) 587 -5151 Far(612)234 -4240 Parks do Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Primed an recycled paper - Police Services 10 Franklin Street SW Hutchinsor. ?464 (612, Fax (6. Q u January 4, 1996 a Pa Gr id for draft 1u Payplan3.rp 6!gen adjustment from the 19 on N O• 1 RESOLUTION NO. 10621 95 g 0621 show RESOLUTION ADOPTING POSITION CLASSIFICATION ASSIGNMENT TABLE EFFECTIVE JANUARY 1, 1996 WHEREAS, the City Council has considered the existing classification of positions for the City of Hutchinson and the current economic conditions, BE IT RESOLVED, that a Position Classification Plan is hereby adopted. All positions covered by this Resolution shall be grouped in grades having a definite range of difficulty and responsibility. For each position there shall be a title; and there shall be shown examples of work which are illustrative of duties of positions, as well as requirements as to knowledge, abilities and skills necessary for performance of the work; and a statement of experience and training desirable for recruitment into a position. A. ALLOCATION OF NEW POSITIONS. When a new position is created for which no appropriate description exists or when the duties of an existing position are sufficiently changed so that no appropriate description exists, the City Council after recommendation of the Human Resources Coordinator shall cause an appropriate fob description - specification to be written for said position. B. REVIEW OF PLAN. As often as necessary to assure continued correct classification, the Position Classification Plan shall be reviewed by the Human Resources Coordinator and necessary adjustments recommended to the City Council. C. FILING OF PLAN. Upon adoption of the Resolution, a copy of the Position Classification Plan approved by the City Council shall be placed on file with the City Administrator. The plan so filed and subsequently adjusted by the Council shall be the Position Classification Plan of the City. 1. Elements of the Plan. The Compensation Plan shall consist of: a. A Basic Table of Numbered Pay Grades for All Employees. Each numbered pay grade in the basic table consists of a minimum (Level 0 - 804) rate, a maximum (Level B - 1204) rate, and a midpoint (Level 4 - 1004) rate, in addition to intermediate levels, shown on page 4. b. A Position Classification Assignment Table for Employees. The assignment table shall assign all of the various positions in the Position Classification Plan to the appropriate pay grade, shown on page 3. 2. Modification of Plan. The City Council reserves the right to modify any or all of the pay grades or position classification assignments as set forth in said plan at any time. (1 of 5) I 3. Pay Grades. a. Non - Administrative (Hourly) Employees. Each position is assigned a pay grade. The normal beginning rate for a new employee will be the minimum rate. After satisfactory completion of twelve months probation, up to a five percent increase will normally be granted, with the exception that such increase may be granted midway through the probationary period (at six months) with the approval of the City Administrator. Thereafter, consideration for performance increases will be given annually each individual anniversary date. The City Administrator reserves the discretion to adjust individual rates within the assigned pay grades based upon (a) a merit review and recommendation from the department head, reflecting job performance over the preceding twelve months, and (b) consideration of equity among departments. Consideration for market adjustment for all pay grades will be made each January 1. b. Administrative (Salaried) Ermloyees. Each position is assigned a pay grade. The normal beginning rate for a new employee will be the minimum rate. After satisfactory completion of twelve months probation, up to a five percent increase will normally be granted, with the exception that such increase may be granted midway through the probationary period (at six months) with the approval of the City Administrator. Thereafter, consideration for performance increases will be given annually each individual anniversary date. The City Administrator reserves the discretion to adjust individual rates within the assigned pay grades based upon (a) a merit review and recommendation from the City • Administrator or department head, reflecting job performance over the preceding twelve months and (b) consideration of equity among departments. The Council will determine any merit increase for the City Administrator. Consideration for market adjustment for all pay grades will be made each January 1. C. Police Civil Service Employees. In Police Civil Service positions, the established starting rate for patrol officers shall be Grade X, Level 2, followed by a probationary period of one year. After completion of probation, an increase to Level 3 shall be granted. Likewise, an increase to Level 4 shall be granted after completion of two years employment, to Level 5 after three years employment and to Level 6 after four years employment. Thereafter, consideration for performance increases will be given annually each individual anniversary date, reflecting job performance according to specific criteria over the preceding 12 months. Supervisory and investigative police department personnel shall be salaried, with salary subject to periodic review by the Chief of Police, and any recommendation for merit adjustment made to the City Administrator. Police department office, dispatch and school liaison personnel shall be hourly and under merit plan. Consideration for market adjustment for all pay grades will be made each January 1. (2 of 5) d. Market Ad.iustments. Any market adjustment on January 1 of any year shall be separate and apart from the individual anniversary increases. 4. Other Provisions. a. Disciplinary Action For employees in any class, an additional consequence of disciplinary action more severe than level a /oral reprimand, as defined in the city personnel policy, will be the permanent loss of the January 1 market adjustment in the calendar year following such disciplinary action. This will occur unless the director in charge and the city administrator decide otherwise. b. Market Conditions Notwithstanding any language to the contrary, the City Council retains the right to deviate from the pay plan when, in the sole judgment of the City Council, market conditions or other circumstances dictate such a decision. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON That the following table is hereby adopted as the City Position Classification Assignment Table, to be reviewed from time to time, assigning the various positions In the Position Classification Plan to the appropriate pay grades in the table. Pay grades for regular part time (PT) positions are assigned according to job responsibilities at the discretion of the City Administrator and Human Resources Coordinator. 0 (3 of 5) POSITION CLASSIFICATION ASSIGNMENT TABLE GRADE TITLE I II Liq Store Clerk C(PT) Custodial Worker, WWater/ Fire /Street(PT) III Transit Dispatcher(PT) Senior Program Supervisor(PT) Liq Store Clerk B(PT) IV Receptionist- City Center /ParkBRec(PT) Motor Vehicle Clerk (PT) Street /Motor Pool Clerk(PT) Custodian - Police /Library(PT) Building Dept Secretary Acctg. Data Entry Technician Custodian /Courier Custodian /Data Entry V Bus Driver Custodian /Boiler Operator Liquor Store Clerk A Park Maintenance, General VI Accounting Specialist(PT) Water Account Technician VII Administrative Secy, Police Secretary, Parks /Rec /Com Ed Secretary, Planning Commission Police Dispatcher(FT /PT) Police Officer(PT) VIII Secretary /Engineer Personnel /Insurance Tech Administrative Secretary Finance Technician W /WWater Maint Technician IX Laboratory Technician Water Plant Operator Wastewater Plant Operator Senior WWater Maint Tech Cemetery Supervisor Engineering Tech II Equipment Mechanic Park /Arena Maint Operator Street Equipment Operator I /SAL Community Services Coord(PT) GRADE TITLE X Senior WWater Plant Operator Park Maintenance Supervisor Police Patrol Officer H /SAL Motor Vehicle Deputy Registrar Park /Recreation Specialist Recreation Specialist XI Water Systems Supervisor Street Maintenance Supervisor Maintenance Operations Super Police /School Liaison Intervention Officer G /SAL Building Inspector Asst Recreation Director(PT) Human Resources /Transit Coord Planning Coordinator Forester F /SAL Assistant to City Engineer Information Services Coord. Rec Facilities /Operations Mgr Liquor Store Manager Police Sergeant Police Investigator Fire Marshal(PT) Assistant City Attorney E2 /SAL Police Lieutenant E /SAL Director W /WWater Operatopms D /SAL Dir Plan /Zon /Bldg Enforcement C /SAL Director of Finance Chief of Police Director Parks /Rec /Com Ed B /SAL Director Engineering A /SAL City Administrator (4 of 5) h/geapay4.wk3 PAYPLAN96 9 ME LEVEL 0 LEVEL 1 LEVEL 2 LEVEL 3 LEVEL 4 LEVEL 5 LEVEL 8 LEVEL 7 LEVEL 8 80 - MIN 85 90 95 100 - MID 105 110 115 120 - MAX T 4.25 1 8.56 6.97 7.38 7.79 8.20 8.61 9.02 9.43 9.84 II 7.05 7.49 7.93 8.37 8.82 9.26 9.70 10.14 10.58 III 7.58 8.05 8.53 9.00 9.48 9.95 10.42 10.90 11.37 IV 8.15 8.68 9.17 9.68 10.19 10.70 11.21 11.71 12.22 V 8.76 9.31 9.86 10.40 10.95 11.50 12.05 12.59 13.14 VI 9.42 10.01 10.59 11.18 11.77 12.36 12.95 13.54 14.13 VII 10.12 10.76 11.39 12.02 12.66 13.29 13.92 14.55 15.19 VIII 10.88 11.58 12.24 12.92 13.80 14.28 14.96 15.64 18.33 IX /1 11.70 12.43 13.18 13.89 14.62 15.36 16.09 16.82 17.55 X / H 12.87 13.67 14.48 15.28 18.09 18.89 17.70 18.50 19.30 XI / O 14.16 15.04 15.93 18.81 17.70 18.58 19.47 20.35 21.23 F 15.57 18.55 17.52 18.49 19.47 20.44 21.41 22.39 23.36 (E2) 16.35 17.37 18.39 19.42 20.44 21.46 22.48 23.50 24.53 E 17.13 18.20 19.27 20.34 21.41 22.48 23.55 24.62 25.69 D 18.84 20.02 21.20 22.38 23.55 24.73 25.91 27.09 28.28 C 20.73 22.02 23.32 24.61 25.91 27.20 28.50 29.79 31.09 B 22.80 24.22 25.65 27.07 28.50 29.92 31.35 32.77 34.20 A 25.08 26.65 28.21 29.78 31.35 32.92 34.48 36.05 37.62 9 This Resolution authorizes staff to change 1996 budget appropriations to reflect rate changes. Adopted by the City Council this day of 199_ (This Replaces Resolution No. 10461) Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator (5 of 5) c MEMO To: Mayor and Council From: Gary Plotz, City Administrator Subject: SNOWMOBILE COMPLAINT(S) Date: January 19, 1996 Council Member Craig has asked me to do some research on snowmobile ordinances, plus visit with city staff for ideas. On Tuesday, Steve Madson, John Rodeberg, Mary Haugen and I met to come up with some ideas: . 1. Post snowmobile operating hours with enforcement penalty at all trail entrances to the city (only speed of 20 m.p.h. is posted on the Luce Line Trail at this time). 2. Do targeted enforcement in key problem areas, perhaps with media coverage. 3. Revise penalty provision for violation of ordinance that would impound vehicles, perhaps at first offense. Preliminary Research After talking with several city administrators /clerks, I found these cities have had relatively few complaints. After reviewal of sample ordinances attached (Glencoe, Excelsior, Winsted, Minnetrista), I noted some differences in the operating hours. Specifically, Minnetrista's ordinance has operating hours one half hour before sunrise to one half hour after sunset. It appears this could be done at designated zones (ie: corridors). I have also contacted the League of Minnesota Cities and they are researching to see if they have ordinances or an "analysis/survey" on file. I have also talked with the various snowmobiling groups (Gregg Witte - President of Driftriders; Fred Barlau - Past President of Snow Pros and Vern Hahn - President of Luce Line Trail Board), they were very cooperative in wanting to help resolve the problems. City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN55350 -3097 (612) 587 -2975 Fax(612)234-4240 - Panted on recycled paper - Police Services 10 Frank Hutchinson, . (612): Q Fax (612 ff Mayor and Council Page 2 January 19, 1996 I have also visited with Kenneth Jones, who's home is adjacent to the Luce Line Trail on the East side of Hutchinson. His bedroom is 50 feet from the trail. Snowmobiles are running at 2:00 and 3:00 a.m. He informed me that he has reported incidents to the police. The police have responded but have not been able to apprehend the violators. On one occasion a chase began with squad cars, at higher speeds, with no success at apprehension. He said the trail has signs for 20 m.p.h. and basically it is ignored. The snowmobiles have come directly on his property and have damaged smaller trees. Only on one occasion have they been able to get a vehicle license number. He informed me that he has contacted three members from the local clubs and was told they are not aware of operating hours of snowmobiles in Hutchinson and that operating hours are not part of the snowmobile training. As of Tuesday night, Mr. Jones did have a visit from two members of the police department to discuss snowmobiling concerns. Conclusion It appears to me that an educational effort needs to be done regarding the existing ordinance restrictions and MW some targeted enforcement with media coverage. The concept of impounding the vehicle is an idea that has had some success with police agencies and the DNR, and I believe the snowmobile clubs would most likely support such new ordinance revisions. Also, new signage for 1996 - 1997 at all trail entrances may be helpful. We could work with the Driftriders and Snow Pros and the Luce Line Trail Board to implement many of these suggestions. GPfbb L ui Lift Trail AsaopMtlon The Luce Line Trail A•aocialwn ls a. profit organization lanwd to facili ms necessary devebprmni and Irtpfwernern to the bail, and to promote hemprq Gtwsen the various groups of people who use the tral. The Luce Line Trao Assmi•tlon's primary goal ls to make the Ins usable for all user, In a sale and Bondy manner We rail ensure that changes ere set into place that will prodice a well- groomed end maintained trail, providing tranquility and safety for all users. We are working hand-In-hand with the Dsp.dmn t of Natural Reeoumes (DNR), other branches of the government, and surrounding l ardownem to get t trail to a con rovin whim will satisfy the varied users. The Luce Line Trail Association b adninistralive cost Iree . sit funds are used for nail maintenance, development and promotion. This organization ls composed of your friends and neghbors. The future success of the trail will real on the cooperation and sokdemy of every individual and organlzeuon using the trek, We rnwt work together towards a common purpose with e untied agenda. II you use and enjoy the trail, whether as a biyclat, wakerlopper /runner, croon country aker, snownnbssr, horseback rider or nature watcher .. sus wed your support, and Furthermore, you need us. We apprmiale all rnmelary support and volunteer ekorts. History of Vo Tray The LTd Lkn Tml lase established h 1976 r a mscreWaW tral from Plymouth to Ckrmos, Over dot yeah. tho hands of recreational waMnlseb have used the Val for walhg, bkpg, horaebeck rdklg and Nrownwblhg. Original work on the tell was funded through dw Sala of MYloosots. L4Med funds tar innigroverri to the trot am ounrsrty oval" through the State LOW". These luod, will be used to repair some bridges, Iaprove drainage and rMOn portions of the grew tral. Although these lunda w eaaemlN, dray wig rot cow the entire cwt of repairs, upgrades, and bridge rsplaowrrtas dal an much deeded Bom of • stored post, the Luce Lk s, than a now, has provded a moons of both nweNbn and transpwWok Completed as far woo as Shab1 Bay Road on Jlae 2 1014, Prooldw W.L. lap initially operated ft Swarkc Short Law ROwW to bssrpon vmaticr bMwsn Minneapolis and the moors of Modlckw lake, Lake MYwralonkek Parkes e Lem, Lisle hdgrdNOa. end Half Moon Lakes. This pso&WW servke used char, qtm sal proposed gosokwalmbk sun. But One Wined ekrctlmlcamn with overhead massy ark" nekwr occurred By 1037 the ram sdsnded to ask" and the Iles began to sWalhe moss In camafte, •eels es grain and ionnam. Fbwgver, taaoyM of co "ItIon firm afher nradea N trernport, the msAroad w lormaky abandoned in 1070 by the Chicago NoMa'sstsm Ralway. Remnams of the ra&oockg post aW "IN in the form of telegraph poles, car sidings. WNW* ill" and the Foundations of coal distribution buMdfngs. Today vacationers and weekend ncredbnlsb oars continue to Ireref the Luce Line to points rwM aid, song the way, get a feel of the ralMad past. Natural Lyta Stretching across urban and "at landscape, the Luca Line Tree Is a preserved strip of cou trye ce alrve with many vanishes of palms and animals In IM emu the influence Is d finitey woodand, a carry-over horn the peel Wien is large IoM known as Me "Big Woods' occupied 1M at". Rolvq wands of sugar mills end basswood, along with many colorful form flow ground� plan can he found there. Just awl of Hubhlnson the Bp Woods gives way to remnants of tie tan -pima pfashe, with some prattle plants awl visible. Whirs Inhabl ents range from deer. loo and rank to owls, eaplea and pheasant. Merry adlwW taken also support ducks and gas a. The Luce LM Is truly kke e laum down a quiet country road. Sufrtmar Activities On the Luce Lim surrinossU a acdlvkles abound. Bkydhg, one of the mop popular solvltles, begins in Plymouth and continues on a paved kmetone surface to Wrested. Moulmein hakes can challenge the Iral on a natural sort" west of Winsted. Bicyclists can also take advalmege of the Luce Line's connections to adpining roods and trails for access to M" other opportunities camping m Baker Park, erahmtng In Parker's Lake pier lashing on Swan Lake or touring around Medicine Lake. lust to name a low. Horseback ridem can enjoy a specially provided hNdxey from Plyrroulh to WlnNed which parallels the limestone surface From Wmsted westward they can travel on the multiuse path, which has a natural surface. Hikers can explore lie length of the trail and use it to get to the heart of celmral Minnesota Fa loggers and walkers, the Irail offers a convenient route on which to exercise and relax The last seven Vail miles are marked to statist the walker or pgger m eslabhsmrg target distances. At points swing the trail as users have access to reel areas, prcmc grounds, water, tolete and other services WinfMActivi lNs MtWhy continues into the winter on the Luce I inn Cron"ountry, skiers can delghl in a epecraky tracked section between plymomh and Stubb's Bay Rood. Snowrnobibre can enjoy a groomed path west from Stubb's Bay Road to just east of Cedar Mills At some, points, however. the trail hoe break, whxh nquke detours. Be sure to follow local ordinances al detouring and do not Trespass Snowmobilers have aa,em to a large network of grant in aid mowr,,DWe hall, which connect rroh the Trail throughout Hennepin, Carver McLeod and Meeker counties. Winsted Watertown Lyndale Lon Lake Wayzata � _ 9 Plymouth Cedar Mills Sherman Cosmos Corvuso \ —� Hutchinson Silver Lake Luce Line State Trail L ui Lift Trail AsaopMtlon The Luce Line Trail A•aocialwn ls a. profit organization lanwd to facili ms necessary devebprmni and Irtpfwernern to the bail, and to promote hemprq Gtwsen the various groups of people who use the tral. The Luce Line Trao Assmi•tlon's primary goal ls to make the Ins usable for all user, In a sale and Bondy manner We rail ensure that changes ere set into place that will prodice a well- groomed end maintained trail, providing tranquility and safety for all users. We are working hand-In-hand with the Dsp.dmn t of Natural Reeoumes (DNR), other branches of the government, and surrounding l ardownem to get t trail to a con rovin whim will satisfy the varied users. The Luce Line Trail Association b adninistralive cost Iree . sit funds are used for nail maintenance, development and promotion. This organization ls composed of your friends and neghbors. The future success of the trail will real on the cooperation and sokdemy of every individual and organlzeuon using the trek, We rnwt work together towards a common purpose with e untied agenda. II you use and enjoy the trail, whether as a biyclat, wakerlopper /runner, croon country aker, snownnbssr, horseback rider or nature watcher .. sus wed your support, and Furthermore, you need us. We apprmiale all rnmelary support and volunteer ekorts. History of Vo Tray The LTd Lkn Tml lase established h 1976 r a mscreWaW tral from Plymouth to Ckrmos, Over dot yeah. tho hands of recreational waMnlseb have used the Val for walhg, bkpg, horaebeck rdklg and Nrownwblhg. Original work on the tell was funded through dw Sala of MYloosots. L4Med funds tar innigroverri to the trot am ounrsrty oval" through the State LOW". These luod, will be used to repair some bridges, Iaprove drainage and rMOn portions of the grew tral. Although these lunda w eaaemlN, dray wig rot cow the entire cwt of repairs, upgrades, and bridge rsplaowrrtas dal an much deeded Bom of • stored post, the Luce Lk s, than a now, has provded a moons of both nweNbn and transpwWok Completed as far woo as Shab1 Bay Road on Jlae 2 1014, Prooldw W.L. lap initially operated ft Swarkc Short Law ROwW to bssrpon vmaticr bMwsn Minneapolis and the moors of Modlckw lake, Lake MYwralonkek Parkes e Lem, Lisle hdgrdNOa. end Half Moon Lakes. This pso&WW servke used char, qtm sal proposed gosokwalmbk sun. But One Wined ekrctlmlcamn with overhead massy ark" nekwr occurred By 1037 the ram sdsnded to ask" and the Iles began to sWalhe moss In camafte, •eels es grain and ionnam. Fbwgver, taaoyM of co "ItIon firm afher nradea N trernport, the msAroad w lormaky abandoned in 1070 by the Chicago NoMa'sstsm Ralway. Remnams of the ra&oockg post aW "IN in the form of telegraph poles, car sidings. WNW* ill" and the Foundations of coal distribution buMdfngs. Today vacationers and weekend ncredbnlsb oars continue to Ireref the Luce Line to points rwM aid, song the way, get a feel of the ralMad past. Natural Lyta Stretching across urban and "at landscape, the Luca Line Tree Is a preserved strip of cou trye ce alrve with many vanishes of palms and animals In IM emu the influence Is d finitey woodand, a carry-over horn the peel Wien is large IoM known as Me "Big Woods' occupied 1M at". Rolvq wands of sugar mills end basswood, along with many colorful form flow ground� plan can he found there. Just awl of Hubhlnson the Bp Woods gives way to remnants of tie tan -pima pfashe, with some prattle plants awl visible. Whirs Inhabl ents range from deer. loo and rank to owls, eaplea and pheasant. Merry adlwW taken also support ducks and gas a. The Luce LM Is truly kke e laum down a quiet country road. Sufrtmar Activities On the Luce Lim surrinossU a acdlvkles abound. Bkydhg, one of the mop popular solvltles, begins in Plymouth and continues on a paved kmetone surface to Wrested. Moulmein hakes can challenge the Iral on a natural sort" west of Winsted. Bicyclists can also take advalmege of the Luce Line's connections to adpining roods and trails for access to M" other opportunities camping m Baker Park, erahmtng In Parker's Lake pier lashing on Swan Lake or touring around Medicine Lake. lust to name a low. Horseback ridem can enjoy a specially provided hNdxey from Plyrroulh to WlnNed which parallels the limestone surface From Wmsted westward they can travel on the multiuse path, which has a natural surface. Hikers can explore lie length of the trail and use it to get to the heart of celmral Minnesota Fa loggers and walkers, the Irail offers a convenient route on which to exercise and relax The last seven Vail miles are marked to statist the walker or pgger m eslabhsmrg target distances. At points swing the trail as users have access to reel areas, prcmc grounds, water, tolete and other services WinfMActivi lNs MtWhy continues into the winter on the Luce I inn Cron"ountry, skiers can delghl in a epecraky tracked section between plymomh and Stubb's Bay Rood. Snowrnobibre can enjoy a groomed path west from Stubb's Bay Road to just east of Cedar Mills At some, points, however. the trail hoe break, whxh nquke detours. Be sure to follow local ordinances al detouring and do not Trespass Snowmobilers have aa,em to a large network of grant in aid mowr,,DWe hall, which connect rroh the Trail throughout Hennepin, Carver McLeod and Meeker counties. ma - -- Membership Application - -- L e Line Tmi (Assoeiation P.O. Box 102 • WateAown, MN 5saee Name Address Phone Number How do you use the bell? Arese of Interest: ❑ Hiking ❑ Biking ❑ Skiing ❑ Horseback Riding ❑ Srawmobiling ❑ Other - -- _ -_- Membership Categories: ❑ Individual -- $10 a year ❑ Contributing -- $25 a year ❑ Sustaining -- $100 a year ❑ Lifetime -- $250 or more Please make checks payable to: two Line Troll Association Contributions are tax deductible Membership dollars go directly to the promotion, development end niamlenance of the Luce Line State Tail Adopt -A -Trait Program The Adapt -A -Trail program is a combined effort between the Luca Line Trail Assmiallm and volunteers such as you, along with the cooperation of the Minnesota Department of Natural Resources. Individuals, families and organizations ere responsible for approximately 1 mile of treat. Some pomons of the trail have two separate treadways to maintain (limestone and grass halls), Volunteers help keep the Luce Line State trail free of unsightly liner, monitor condition, and perform routine maintenance. Please contact one of the people listed below for mote Inlormatlon. George Buam Adopt -A -Trill Coordinator Luca Line Trail Association 11825 County Road 24 Watertown, MN 55388 9552852 Dwk Schmitt Plymouth to Whaled DNR Trails t, Waterways 3980 Watedown Road Maple Plain, MN 55259 Phone: 475 -0371 Joe DeJaeghere Waisted to Colinas DNR Trails& Waterways 14899CSAH I Cosmos, MN 56228 Phone: 234 7916 Luce Line TTt dAssociation P.O. Box 102 Watertown, Minnesota 553e, ONIMP.lgt boary f Vatrytylr - Hub G. !a] i S+ ra"1+w 1MOrl1� "I 8- 004Wrto "'"" * r4wrraf r+tares Owb -re.I ry 75'1s'T withill tr�n�.. rr u.ea efF� AYW W IreYW - v.}w• -. Mtsor Ilrsorwr ltrM.Tl . JL Iisk"$ w Nafdthe s, at11etf sal 'Mr9 Fred Baru enrem smtretft waavt eturo .sr... owe, P ante sa" MtIQ ea6 aa7 .sap� .:. 4yegftwm awftobv rr MOW 2' , Joe OMrtrb QGW17 .. Jm wrrr. 6verbeek warm Deborah Ownr 9eaaaao . ,q, t57 CVFAw W ww^m a Iv ��� 9aa.9su tseare tasaMe Wl Jak Well Mail "' P0.e.as varawawcmum Phu erker, fail t4� r w Joe" MOM* 31117-411113 fo7rkl(a D. .Agee` .w Wet .. sw+rns Porn al la - mf4eaM rratleaat, W afT'e DaraM r@ 697-3319 .. ism armies wwe.sw assn tW , reasons 5117- eats attar. ter6esm.w 119160 Prinfed April 1995 Luce Litte Trad A.s soc ia tiolr --- established 1004 er Lu /y fi ' ne La i kSSocultion Dedreated to the promotion, development and maintenance of the Lure I' -'Frail ����Jce) 0 - . y 400.01 For the purpose of this ordinance the fallowing deMillOna apply: e: 8^ewmobi - A tall propelled whielo designed tar travel on snow of ICs W a natMl terrain steered by wheels, skis w runners. It. 9aRrate . To control the operation of ■ snowmobile. w goarrator - A person who Operota• Of N In actual control of a anowmoblhL 0 4".041 h Shan be unlawful for any person to operate a anavrmabll■ under the lollawing Olecumatano- ean a. On privet. prop" of another without the e:prne prmlulon to do " by Me awnr or Occupant of old Prop". b. On public School grounds. perk plait", playgrounds, racneffonal West and OCR Dour"& without the saprw provrylon r penmlaslan to do so by the PrGPr pablld Z athfw ty. a. In a manner so at to areal@ bud. unnecessary ar unusual noes to as to disturb w IM*Ars with the peso* and quiet Of other parsons ' d In & careless, racktee@ or negllgahi manner so as to endanger, Of be likely to andmgw, the safety at any Paraan of the Property of any other peraOA. O. It shall be unlawrul for any person to operate a anavmtablle at a speed In excess of {an (10) mnso par hour w WIR the CKY NmRs Of pinnace. L h Shag be unlawful far any person who to a resident of the Clry to operate a artawmobne on any of the City streets of the CRY of GtenCoe between the hours of to :0e o'GOek Jet and 7:00 e'olaek amt ., except that such parson pre ante the City 1 t „� �� osa pant to a raa roemem and drive directly to his residents upon any non- p Street on ono occasion after 17.00 o'clock p.m. It shalt be unlawful for any non- resWenCS Of the GRY of Ghrncoe to OWSAS a snawmablle an the Strut' of the Cm/ of OfencO* between the hours of to:00 ec;"k p.m. sled 7:00 o'clock sm., weeps that a non.rutoam may depart the CRY ham a lawful location in said City via b direct routs to We city Kmha and not traveling on any nenproldblted street on one Mra sleh after t0:a0 o'clock p.m y, It shall be unlawful to apemse a snowmobile at any time upon the fallowing atraaia: 1 tth Sheet between Ford and Ives Avenue, Oraelay Avenue between 10th and M Street, Hennepin Avenue belnae. loth S 0 An d 1 h tr60t Su pr u illo n ho shall not be applicable g n9 a ■utamobdp, trucks and other nnaor vehicles Cannot Pans upon said atraW due b snow emergency canditiodt 431.07 All snowmobiles operand within the City of Glances shall have the fallowing equipment• a. Mufflers which art peapeAy attached and which reduea the notes of operation of the vehicle to the mimimum mots* naaeasary for aparation of tho vehicle, and rte peraan shall use a mufnwr "t-out, bypass, or similar device on Said vehicle@. ter Adequate brake, a• required by Mlerteala Statutes, Chapter 190.67, and of Nast ens had fight and one tail 0ght em A Safety at to Calla - deadman' Uxoitie In operoUrp Condition, a Safety Or'd "dman' throttle is dailmad as a device which, when praesure k removed from the adMleMw er lhratua, gauge, the motor to be o4angaged tram the driving trek 43s.04 It Is unlawful for the Owner w operator to ieeve or show a wowmabRe to be or rgnnln unansnded on pubuo property white the moue is funning or *Mh the "to start Game in the ignition switch. 43o.05 The C*y Caunall ma by resalutl9m, prohl" the apareuan of snnwmebhea within the right of of public roads of streets or Oit:er airy property within the City of Glencoe, when In the Oplrtian of the City Coun aU the public dfay and weHua so requYn. y as b 423,945 r a „ e�. �a�e s pan h4r"l u an d oow""Iwy as tlwuch + f =in bt kA 42b.o7 Arty prson.vbladng the terms of this Ordinaries shall upon Conviction lhersol. be hied ■ sum ftW to exceed 5100.00 or s had be Imprkrred for ■ Wad 8 S YL (sal Unhann Misdemeanor Violation hn4gFq h General 1ISP ) (tiovoc ordinance NN o eta adopted January a, !se flaatbn 43103(*) amended by Ordinance . q Wded us by ordinance No. 222 Me� a v*mbmri7, 1sio) retied M and section u. �J C� ♦.�.u_ . -C ...� of u.�. u C__ - r._ - �_ 0 CITY of ORONO TRLZC COVER L9TTBR • Please deliver the Following page(s) to: None: CD aro*3 1.) MQ)a�C Total number of pages CO including this cover letter. Dates Phone: (612) 473 -7358 and ask fort f ► m IF YOU DO NOT RECEIVE ALL THE PAGES pLRASB CALL US AS SOON AS POSSIBLE. Our telecopy number is: (612) 473 -0510 Additional Massages IJ SEC. 7.30. RECREATIONAL MOTOR VEHICLES SNOWMOBILES). 5 7.30 (INCLUDING Subd. 1. Definitions. For the purposes of this Section, the terms defined shall have the meanings given them. A. "Motorcyle" - Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not More designednfor three use onestreetscandahighwaysthe neludi g , whether motor scooters, bicycles with motor attached other than those herein defined as motorized bicycles, and mini - bikes. B. "Motorized Bicycle" - A bicycle with fully operable pedals which may be 9ropelled by human power or a motor, or by both, with a motor of a capacity Of less than 50 cubic centimeters piston displacement, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 70 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. C. "All- Terrain Vehicle" or "ATV" - Trail bikes, amphibious vehicartiall similar travel natural t rtain, but used at least p Y "ubdii sion 22, special Mobile hich is incorporated herein . by A reference. l, Subdivi D. "Snowmobile" - A self- propelled vehicle designed for travel on snow or ice or natural terrain steered by skis or runners. E. "Recreational Motor Vehicle" - Any self - propelled vehicle and any vehicle propelled or drawn by a self - propelled vehicle used for recreational purposes, including but not limited to a motorcycle, golf cart, go -Cart, motorized bicycle, ell- terrain vehicle, snowmobile, hovercraft, or motor vehicle licensed for highway operation which is being used for off -road recreational purposes. F. "Owner" - A person, other than a lien holder, having a property interest in, or title to, a recreational motor vehicle, who is entitled to the use or possession thereof. G. "Operate" - To ride in or on and have control of a recreational motor vehicle. H. "Operator" - The person who operates or is in actual physical control of a recreational motor vehicle. \{� Subd. 2. Recreational Motor Vehole Operating i Restrictions. Except as otherwise specifically permitted and authorized by the Councils itaisEol unlawful for any person to op a erat� ORONO CC 168 - . C% Orory • A. On a public for pedestrian travel. B. On private authority or permission Of the sidewalk or walkway provided or used property of another without written owner or occupant. C. On frozen waters or on any lands owned or occupied by a public body or on frozen waters, including, but not R limited to, Luce Line Trail east of Stubbs Bay o e not owned by the operator, school grounds, p ark pr P rt y, playgrounds, recreational areas, private roads, platted but unimproved public streets, utility easements, public trails (except Luce Line Trail west of Stubbs say Road) and golf courses. D. While the operator is under the influence of liquor or narcotics, or habit - forming drugs. E. At a rate of speed greater than reasonable or proper under all of the surrounding circumstances. F. In a careless, reckless or negligent manner so as to endanger the person or property of another or cause injury or damage thereto. G. Towing any person or thing On a public street or highway except through the use of a rigid tow bar attached to the rear of a recreational vehicle. ( H. At a speed greater than 10 miles per hour when within 100 feet of any lakeshore, except in channels, or of a fisherman, ice house, skating rink, or sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property, $ 7.30 I. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. J. Chasing, running over, or killing any animal, wild or domestic. K. During the hours between 11 :00 o'clock P.M. of one day and 7:00 o'clock A.M. of the day next following, except that during such hours a motorcycle or motorized bicycle, if otherwise lawfully operated, may be operated on a public street or private road. Subd. 3. Owner Responsibility. A. It is unlawful for the owner of any recreational motor vehicle to permit its operation on private property without written permission of the owner or occupant, on City property without the permission of the Council, or on other public prrty without permission of the body in charge thereof. For purposes this Section, the owner shall be conclusively presumed to have given such permission unless the recreational motor vehicle so operated shall have been reported stolen to a law enforcement agency prior to the occurrence. ORONO CC 169 (4 -1 -84) S 7.30 B. Every person leaving a recreational motor vehicle in a public place shall lock the ignition, remove the key and take the same with him. Subd. 4. Additional Snowmobile Operating Regulations. A. It is unlawful for any person to operate a snowmobile upon the roadway, shoulder or inside bank or slope of any street or highway. Operation in the ditch or on the outside bank within the right -of -way of any street or highway except inter- state highways or freeways is permitted in 'conformance with State law and the City Code, unless the roadway directly abuts a public sidewalk or walkway or property used for private purposes. Between the hours of one -half hour after sunset to one -half hour before sunrise, any operation may only be on the right -hand side of such street or highway and in the same direction an the highway traffic on the nearest lane of the roadway adjacent thereto. B. A snowmobile may make a direct crossing of a street or highway except an interstate highway or freeway, provided: 1. The crossing is made at an angle of approx- imately 90 degrees to the direction of the street or highway and at ( a place where no obstruction prevents a quick and safe crossing. 2. The snowmobile is brought to a complet stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. 4. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway or at .a designated crossing. 5. If the crossing is made between the hours of one -half hour after eunset to one -half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. C. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right- -ol -way to any vehicles or pedestrians which constitute an immediate hazard. D. Notwithstanding any prohibition in this Section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. E. No person under fourteen (14) years of age shall operate on streets or highways or make a direct crossing of street or highway as the operator of a snowmobile. A per900 fourteen (14) years of age or older, but less than eighteen (18) ORONO CC 170 (4 -1 -84) • s 7.30 years of age, may operate a snowmobile on streets or highways as permitted under this Section and make a direct crossing thereof only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Conservation as provided by Minnesota Statutes 1969, Section 84.86. It is unlawful it for the owner of e the the Of this Subparagraph. to be be operated contrary to Subd. 5. Snowmobile Equipment. It is unlawful for any person to operate a snowmobile unless it is equipped with the following: A. Standard mufflers which are properly attached d n the motortootheam ni,mumdnecessary the noise of operation operation. of Mufflers shall reference p as it existed on September 1, w 1970. 1 No personsh adopted lluse a muffler cut -out, by -pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. D. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least loo feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment shall be in op condition hour vehicle he One after sunset operated between t one- half half before sunris of reduced visibility. E. Reflective material at least sixteen inches on each side, forward of the handlebars, so as to reflect or beam light at a 90 degree angle. sources City Code Effective Date: 4 -1 -84 (Sections 7.31 through 7.98, inclusive, reserved for future expansion.) ORONO CC 171 (4 -1 -84) B. Brakes adequate to control the movement of of and the to stop and hold the snowmobile under any conditions operation. C. A safety or so- called "deadman" throttle in operating condition, so that when pressure is removed from the is disengaged from the driving accelerator or throttle, the motor track. D. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least loo feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment shall be in op condition hour vehicle he One after sunset operated between t one- half half before sunris of reduced visibility. E. Reflective material at least sixteen inches on each side, forward of the handlebars, so as to reflect or beam light at a 90 degree angle. sources City Code Effective Date: 4 -1 -84 (Sections 7.31 through 7.98, inclusive, reserved for future expansion.) ORONO CC 171 (4 -1 -84) g 7.9910 A pti3DgMgp�D10R OR PETTY MISD &M81►N08. piOi.ATZOt subdivision, paragraph or a ge, 7.99. section,he performs an act thereby Ilure Every person viola Cha when prov unla £ d ails to act w hen convi ision of this wful, or prohibited of declared or declared unlawful, is thereby proh as follows= thereof, shall be P the specific section, subdivisions Where misdem0anor, 9ubd. 1• eci£ically makes violation a violation is paragraph or P i provision 1 a misdemeanor; where a e r or as far so as to endang he shall be punished or under circumstances h shall be punished manner per son or property, of violation of any committed to endanger any p e to the be likely where he stands convicted as for a misdemean Ctiapter, exclusive o. vio O thie or subsequent time, he provision o parking of an unattended vehicle, standing or p month period for the third preceding 12- misdemeanor• ltions n a shall he punished as for a violations constituting he shall 2. As t any hereof, he 5ubun Subdivision 1 mi m i s demeanor demeanor as for t provisions of o ted by Petty misdemeanor. to any violation of a Provisio a dO !jon, As Subd. 3. punished as specified in such P reference, he shall be p / adopted. +. Source: City Coq -1_B4 Effective Date: ORONO CC 172 (4 -1-8 Post -NN Fax Note 7671 J3 ORDINANU N0. 70 -01 1 "" TOTAL F I AN ORDINANCE REGULATING THE USX AND OPERATION UPON THE STYSBTS AND HIGHWAYS AND UPON PRIVATE PROPXRTY WITHIN THE VILLAGE OF WINSTED, INCORPORATING PROVISIONS OF THE STATE STATUTES RELATING TO SNOW- MOBILES BY REFERENCE AND IMPOSING A PENALTY FOR THE VIOLATION THERWR THE VIII E COUNCIL OF WINSTED DOSS ORDAIN: Section 1 _State Statutes incorporated by reference, Thal provisions of Sections 3, 4, 7 and 8 of Chapter 876 of the Lava of 1967, being Sections 84.81. 84.82, 84.84 and 84.86 of the Minnesota Statutes, and the provisions of Sections 3, 6, 9. 10 and 13 of Chapter 695 of the Laws of 1969 being Sections 84.82, Subd. 1, 84.86, 84.871, 84.872 and 171.03 of the Minnesota Statutes, are hereby adopted as Snowmobile Regulations for and within the Villaga of Winated and are hereby incorporated in and su:d0 a part of this Ordinance as completely ea if set out here in full. Section 2. Operation of Snowmobiles. 1 Subd. 1. Operation on streets and highways. I (a) No person @ball operate a snowmobile upon the streets and highways in the Village of Winstad except as herein i provided. No person shall operate a snowmobila upon a street or highway except while driving the saw to or from his home or driving in or out of the city limits i, but such driving shall not be done im y the restricted districttpr upon the traveled portion of any strea ' f between the hours of 1:00 A.M, to one -half hour before sunris The restricted district is comprised of the following axaas: First Street North from the South line of Andy Avenue West to Main Avenue West; Second Street from the South line of Andy Avenue West to th4k ' North line of Mcleod Avenue West; and Main Avenue West from First I ; Street North to Third Street North. (b) A enowmobila may make a direct crossing of a street or highway provided: (1) The crossing is made at an angle of approximately 90 to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and wddarl 1 -- 1 U - ,. 1 „{ a1L 40J zoaa r.uz (2) The snowmobile is brought to o complete stop before crossing the main traveled way of the street or highway; ?ad I (3) The driver yields the right of way to all oncoming ; I traffic which constitutes an immediate hazard. q (c) No person shall operate a snowmobile upon a public I street or highway unless he is a licensed driver and unless the ' snowmobile is equipped with at least one headlamp and one tail lamp, and with brakes which conform to standards prescribed by i Rule of the Commissioner of Highways. (d) A snowmobile may be operated upon a public street or: highway other than as provided above in an emergency during the period of tiaa when and at locations where snow upon tha roadway . renders travel by automobile impractical. (s) All provisions of the Minnesota Highway Traffic Regina - tion Act, 'Chapter 169 of the Minnesota Statutes, and all provisions of Traffic Ordinanc adopted by the Village of Winstad shall apply ` to the operation of snowmobiles upon streets and highways in thsl Village of Winsted, except for those provisions relating to re- quired equipment, and except those which by their nature have no application. Subd. 2, Operation Generally. It shall be unlawful for! any person to drive or operate any snowmobile in the following unsafe or harassing waya3 (a) At a rata of speed greater than reasonable or propsr under all of the surrounding circumstances; (b) In careless, reckless or negligent manner so as to, { endanger the person or property of another or to cause injury orl damage theretol (c) While under the influence of intoxicating liquor or i narcotics or habit forming drugs; (d) Without a lighted headlight and tail light when requtrod for safety; (e) Up= any private property in the Village of Winsted without the consent or permission of the owner or occupant; I � -2- J1"If`I 10 - 1JJD 1D•7L Pq DIE QMD LORD r. O.J (f) Upon nay public or park property in the Village of Winsted in such a manner as to inure, damage or destroy plants, shrubs, bushes or trees, or to otherwise damage such public or j park property; I (g) In the area of the Hospital while creating unnecessary noise or in a disturbing manner. Sections 3. LWILtj Any violation of the provisions or this Ordinance, including the Sections of the Minnesota Statutss adopted by reference, is a violation of this Ordinance when it occurs within the Village of Winsted. Any person thus violating any provision of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed $100.00, or by imprisonment in the Village or County Jail for a period of not tal exceed 90 days; but such imprisonment shall not be imposed for a first offense unless any fine imposed therefor is not paid as ordered. Section 4, Reosal, Ordinanca No. 69 -01, bearing the sam¢ title as this Ordinance, and passed by the Village Council on i January 7, 1969, is hereby repealed. i Sm tion S. Effect, This Ordinance shall take affect and be in force from and after its passage and publication according to law. Passed by the Village Council this gth day of January, 1976. Mayor i Attests Published in the WINSM JOURNAL on January 1970. i I -3- 1 �Xc ):� o/b Section 730:00 W Section 730 - Snowmobiles =action 730:00. Intent. It is the intent of this or ement MI" sota Statutaa M Chapters 64.81 through 8 h �O8 to d b Law Chapter 695. with respect to the operation a snowmobilesi ea amended Laws 1969, intended to allow what the state statutes . This ordinance is not statutes ax ee prohibit nor to prohibit what the state Pr �y show. This ordinance shall not repeal or slier the effect Of Section 230:00 et seq, relating to parks. Section 730.05. Definitions Subd. 1. The following words and phrases when used in this ardlnsnee have the meanings sat forth in the subdivisions which follow. Subd. 2. "Person" SaoltAes an individual Partnarsh12, corporation, the state and its agencies and subdivision and any body of persons, whether incorporated or not. Subd. 3. "Operate" means to ride an or in and control the operation of a snowmobile. Ste- fit., "Operator" means every person who oparatas or is in actual Physical control of a snowmobile. Subd- 5. "Roadway" mea that portion of a highway improved, desigr, 1 _ or ordinarily used for vehicular traffic. • Subd• 6. "Snowmobile" moans a self-propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skiis or rurszera. Subd. 7. "Owner" means a person, other than a lien holder, having the property in or title to a snowmobile entitled to the use or possession thereof. Section 730;10. Operation on Streets or 1{iuhwa�rs Subd. 1. All Of the 'Provisions of Laws 1967, Chapter 876, as amended, relating to operation or Unowmabilas are hereby adopted as regulations for the streets, highways, public lands or ice covered public waters within the corporate limits of this'murLicipality and are incorporated and made a part of this ordinance as completely as if set out here in full. Subd. 2. All Provisions of the Ninheaota Statutes Annotated, Chapter 169, shall apply to the operation of snowmobiles upon streets and highways, except Yor those relating to reg1tired equipment, and except those which by their nature have no applicaetlon. Subd • 3. RORIE ration. No cnowiroLile shall be operated on public streets withlu the corporate im'_ts of this municipality wMout having such a snowmobile registered under state law. P=4t� brand tai transmlw memo W ea - Z P�P� . C rCr'` r Section 730:15 (contd.) (j) Directly across a public street unless: (1) the operator is 14 years or more of age; (2) an operator who is 14 years or more of age and less than 18 years of age possesses a valid Snowmobile • safety certificate issued by the Minnesota Commis- sioner of Conservation; (3) the crossing is made at an angle of approximately go to the direction of the roadway and at a place where no obstruction prevents a quick and safe crossing; (4) the snow- mobile is brought to a complete stop before crossing the roadway; (5) the driver yields the right -of- way to all on- coming traffic which constitutes an immediate hazard. (k) Along a public street unlesss . (1) the operator is fourteen years or more of age; (2) the operator who is less than 18 years possesses a valid snow- mobile safety certificate issued by the Minnesota Commissioner of Conservation; (3) the snowmobile is brought to a complete stop at each streetinter- section which it encounters; (4) the snowmobile proceeds along the right hand side of the traveled portion of the street in single file. (1) Along a public street while towing a toboggan, sled, or other similar device, except with the use of a rigid tow -bar attached to the rear of a snowmobile. (m) On public sidewalks or boulevards. (n) Without a lighted headlight when required for safety, said headlight having a minimum candle power of sufficient intensity to reveal' persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmos- pheric conditions. (o) Without a lighted tail light when required for safety, said tail light being red in color and having a minimum candle of sufficient intensity to be plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions. (p) On any publicly owned lands and frozen waters including but not limited to school grounds, park propert,r, recreational areas, except areas previously listed or authorized for such use by the proper pub- lic authority in which case such use shall be lawful, and snowmobiles may be driven in and out of such areas by the shortest route. Section 730:15 Subd. 4. Lamps, Brakes, Mufflers and SafetV Throttle. No snowmobile shall be operated on a public roadway, street or highway or on any lands of this municipality unless it • is equipped with the following: (a) at least one headlamp and one tail lamp. (b) brakes adequate to control the movement of and to stop, and to hold, the snowmobile under any conditions of operation. (c) standard mufflers which are properly attached and which reduce the noise of operation of the vehicle to a noise level which shall not be a disturbance to residences of the area of operation and no person shall use a muffler cut -out, bypass, or similar device on said vehicles. (d) a safety or so- called "deadman" throttle in oper- ating condition; a safety or 'deadman" throttle is defined as a device which, when pressure is removed from the acclerator or throttle, causes the motor to be disengaged from the driving track. Section 730 :15. Prohibited Acts No snowmobile shall be operated: (a) Within 100 feet of any shoreline fisherman, pedes- trian, skating rink or sliding area or in any other area where the operation would conflict with or endanger other persons or property; i (b) At a rate of speed greater than reasonable or proper under all the surrounding circumstances, except under no circumstances shall a snowmobile be operated on a street or highway at a spe'5PE exceeding 2Q mil es p hour; (c) In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto; (d) While under the influence of intoxicating liquor or narcotics or habit - forming drugs; (e) Without a lighted head and tail light when required for safety; (f) In any planting or tree nursery in a manner which damages or destroys growing stock; (g) In any cemetery; (h) On private property of another without permission of the owner of said property; provided, it shall be a sufficient defense to the prosecution for a violation of this provision that the defendant has permission in writing from the owner or lawful occupant of the land; (i) On a public roadway or street unless traveling to or from a specified destination; OF MINNETRISTF P.1 / . MOTOR VEHICLES AND TRAFFIC 4 14.56 Morningview Drive. Westwood Drive and Avenue. All other city roads are subject to the legal limit of nine (9) tons per axle. (b) Subsection (a) does not apply to municipal and fire vehicles, public utility trucks, garbage trucks, oil delivery trucks, school buses, and bulk milk trucks. (Ord. No. 39, 4 1(1), Wei), 3- 15.71) State law reference— General weight restrictions authorized, M.S. 4 169.825, aubd..15. Sec. 1440. Seasonal road restrictions. (a) No vehicle having an axle weight in excess of throe (3) tons, except as provided in subsection (b) or as authorized pursuant to section 1437, may be operated upon the following road$ within the city between March 15 and May 15 of any year: Eastview Avenue. Hardscrabble Circle or Road. King's Point Road, bituminous portion. Minnneapolis Avenue. Tuxedo Road. i d a l 'J J ,f`l'Y e a provided in G upon any city (c) Subsections (a) and (b) do not,' �a k Jniclea, public_utility trucks, garbage trucks, oil delivery truc,. �'k the above vehicle# may operate during the time stated therein with . a "-cd seven (7) tons. (Ord. No. 39, S 1(1), (3)(b), 3.15.71) State law reference — Seasonal load restrictio. Azed, M.S. 4 169.87. Enchanted Lane. Morningview Drive. % Westwood Drive and Avenue. % (b) No vehicle having an axle weight in e�✓ �t subsection (b) or as authorized pursuant to p' street, road or highway between March 15.r' • Seca, 1441 -1445. Reserved. ARTICLE IV. RECREATIONAL VEHICLES* Sec. 14-48. Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Operate means to ride in or on and control the operation of a recreational vehicle. *State law references— Snowmobilea; M.S. 4 84.81 et seq.; motorized golf carts, M.S. g 169.045. 797 JRN 10 "J(5 In = CITY Or MIr1Nr TRI3TR 4 14.513 MINNETRISPA CITY CODE Operator means every person who operates or is in actual physical control of a recrea- tional vehicle. Owner Means a person, other than a lienholder having the property in or title to recrea- tional vehicle entitled to the use or possession thereof. Recreutianal uehicle means a self - propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners. Right-of-way means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder. Safety or deadman throttle means a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. Snowmobile means a self - propelled vehicle designed for travel on snow or ice steered by skis or runners. Street or highway means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. (Ord- No. 96, 4 1(1), 12 -7 -70) State law reference — Definition applicable to state snowmobile laws, M.S. § 84.81. Sec. 14.57. State statutes adopted. Minnesota Statutes, sections 84.81 to 84.88 and Minnesota Statutes chapter 169, except for those provisions of chapter 169 relating to required equipment or which by their nature have no application are adopted by reference as is set out at length in this article. (Ord. No. 36, 4 1(5), 12 -7.70) State law reference— Adoption by reference, M.S. 4 471.62. Sec. 14-58. Application of traffic ordinances. All city traffic ordinances shall apply to the operation of recreational vehicles upon streets and highways. (Ord. No. 36, 4 2(5), 12 -7.70) Sec. 14-68. Operation generally. - Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a recreational vehicle within the city: (1) On a public sidewalk or walkway provided or used for pedestrian travel; (2) On private property of another without lawful authority or consent of the owner or occupant; (3) On any publicly -owned lands and frozen waters, including but not limited to school grounds, park property, playgrounds, recreation areas and gulf courses, except areas 798 JRY 10 '75 In ;E5 CITY OF MII ETRI3TR r MOTOR VEHICLES AND TRAFFIC 4 14 -80 previously listed or authorized for such use by the proper public authority, in which ease such use should be lawful and recreational vehicles may he driven in and out of such areas by the shortest route. Authorized areas in the city owned by the city shall be designated by council resolution; (4) At any place, while under the influence of intoxicating liquor or narcotics or habit forming drugs; State law referenoe— Operation of snowmobile under influence of alcohol, drugs, etc., M.S. § 84.87, subd. 2(c). (5) At a rate of speed greater than reasonable or proper under all the surrounding ci rcumstan ces; State law reference -- Operation of snowmobile at improper speed, M.S. § 84.87, subd. 2(b). (8) At any place in a careless, reckless or negligent manner so as to endanger the person Or property of another or to cause injury or damage thereto; State law reference — Careless operation of snowmobile, M.S. 4 84.87, subd. 2(b). (7) So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the recreational vehicle; (8) At a speed greater than ten (10) miles an hour when within one hundred (100) feet of any lake-shore, except in channels, or of fishermen, ice houses or skating rinks, nor shall operation be permitted within one hundred (100) feet of any sliding area, nor `-! where the operation would conflict with the lawful use of property or would endanger other persons or property; (9) In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. (Ord. No. 38, 5 1(3), 12 -7.70) Sec. 1480. Operation on streets and highways generally. (a) No person shall operate a recreational vehicle upon the roadway, shoulder or inside bank or slope of any street or highway within the city. Operation in the ditch or on the outside bank within the rightof - way of any street or highway except interstate highways or freeways is permitted in conformance with state law and city ordinances, unless the roadway directly abuts a public sidewalk or walkway or property used for private purposes. Between the hours �u h� of one -half hour ages suna�r _to one -half hour before sunrise any operation may only be on the nght hand side of such street or highway and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. (b) A recreational vehicle may make a direct crossing of a street or highway except an interstate highway or freeway, provided: (1) The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing; 798 4 14.60 MINNETRISTA CITY CODE (2) The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; (3) The driver yields the right -of -way to all oncoming traffic which constitutes an imme- diate hazard; (4) In crossing a divided street or highway, the creasing is made only at an intersection of such street or highway with another public street or highway; (5) If the crossing is made between the hours of one -half hour after sunset to one -half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. (c) No recreational vehicle shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of -way to any vehicles or pedestrians which constitute an immediate hazard. (d) Notwithstanding any prohibition in this article, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. (Ord. No. 86, 4 1(2), 12.7.70) State law reference— Operation of snowmobiles on streets and highways, M.S. § 84.87. Sec. 1461, Equipment. It is unlawful for any person to operate a recreational vehicle any place within the limits of the city unless it is equipped with the following: (1) Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers on anowmobiles shall comply with Regulation CONS. 55 which is hereby adopted by reference as it existed on September 1, 1970. No person shall use a muffler cutout, by -pass, straight pipe or similar device on a recreational vehicle motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound; State law references— Adoption by reference, M.S. 4 471.62; snowmobile muf- flers, M.S. § 84,871. (2) Brakes adequate to control the movement of and to stop and hold the recreational vehicle under any conditions of operation; (3) A safety or so-called "deadman" throttle in operating condition, so that when pres- sure is removed from the accelerator or throttle, the motor is disengaged from the driving track; (4) At least one (1) clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one (1) red tail lamp having a ;:1i JR" 16 "76 In ;&r CITY OF MINNETRI5TR MOTOR VEHICLES AND TRAFFIC if 14.64 minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (600) feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment to be in operating condition when the vehicle is operated between the hours of one -half hour after sunset to one-half hour before sunrise or at times or reduced visibility. State law reference —Lamps on snowmobiles, M.S. $ 84.87, subd. 1(c), subd. 2(d). (5) Reflective material at least sixteen (16) Square inches on each side, forward of any handlebars, ,w as to reflect or beam light at it ninety - degree angle. (Ord. No. 36, 11(4). 12 -7.70) See. 14-82. Operation by minors. (a) No person under fourteen (14) years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a recreational vehicle. A person fourteen (14) years of age or older, but lean than eighteen (18) years of age, may operate a snowmobile on streets or highways as permitted under Chia article and make a direct crossing thereof only if he has in his immediate possession a valid snowmobile safety certifi• cate issued by the commissioner of conservation as provided by Minnesota Statutes, section 84.86. (b) It is unlawful for the owner of a recreational vehicle to permit the recreational vehicle to be operated contrary to the provisions of this section. (Ord. No. 36, li 1(6),12-7-70) See. 14-63. Leaving unattended. Every person leaving a recreational vehicle in a public place shall lock the ignition, remove the key and take the same with him. (Ord. No, 36, 4 1(7), 12.7.70) State law reference— Youthful snowmobile operations, M.S. A 84.872, See. 1444. Chasing animals. It is unlawful to intentionally drive, chase, run over or kill any animal, wild or domestic, with a recreational vehicle. (Ord. No. 36, 3 1(8),12-7-70) 801 lThe next page is 8511 t% SEC. 8.09. SNOWMOBILES. $ 8.09 Subd. 1. Definitions. For the purposes of this Section, the terms defined shall have the meaning given them. 1. "Snowmobile" - A self propelled vehicle designed for travel on snow or ice or natural terrain steered by skis or runners. 2. "Owner" - A persons, other than a lien holder, having a property interest in, or title to, a snowmobile. Subd. 2. Snowmobile Operating Restrictions. It is unlawful to operate a snowmobile as follows: A. on a public sidewalk or walkway used for pedestrian travel, or upon any boulevard. B. on private property of another without lawful authority or permission of the occupant or owner. C. On school grounds, park property, playgrounds, recreational areas, and golf courses, without express permission to do so by the property authority. • D. Upon any county road or state highway within the City of Hutchinson, or within the designed "downtown area" which includes and is bounded by the rights of way of Franklin, Main and Hassan Streets from Second Avenue North to Fifth Avenue South. E. Upon any street, other than the most direct route from the owners or operators residence to the nearest departure point from the City or appropriate snowmobile trail. F. During the hours between 10:00 o'clock P.M. and 7:00 o'clock A.M. of the day next following, Sunday through Thursday, and the hours between 12:00 o'clock midnight and 7:00 o'clock A.M. of the day next following, Friday and Saturday. G. At a rate of speed greater than reasonable or proper under all of the surrounding circumstances and in no instance in excess of 20 MPH upon a public street. H. At a speed greater than 20 MPH when within 100 feet of any lake shore except in channels or when within 100 feet of a fisherman, ice house, skating rink, or sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. 167 (2 -1 -94) S 8.09 0 I. In a careless, reckless or negligent manner, so as to endanger the person or property of another or cause injury or damage thereto. J. To tow any person or thing other than a disabled snowmobile, upon a public street except through the use of a rigid towbar. K. To chase or run over any animal, wild or domestic. Subd. 3. Snowmobile Equipment. It is unlawful for any person to operate a snowmobile unless equipped with the following: A. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor of the minimum necessary for operation. Mufflers shall comply with Regulation CONS. 55 which is hereby adopted by reference as it existed on September 1, 1970. No person shall use a muffler cut -out, by -pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. B. Brakes adequate to control the movement of and • to stop and hold the snowmobile under any conditions of the operation. C. A safety or so- called "deadman" throttle in operating condition, so that when pressure is removed from the accelerator of throttle, the motor is disengaged from the driving track. D. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a read light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment tote in operating condition when the vehicle is operated between the ;yours of one -half hour after sunset to one -half hour before sunrise or at times of reduced visibility. 168 (2 -1 -94) 0 0 Subd. 4. Special Orders. 0 E. Reflective material at least sixteen inches on each side, forward of the handlebars, so as to reflect or beam light at a 90 degree angle. A. Notwithstanding any prohibition in this Section, a snowmobile may be operated upon a public street in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impossible. B. For safety purposes every person leaving a snowmobile in a public place shall lock the ignition and remove the key. SUM. S. owner Responsibility. It is unlawful for the owner of any snowmobile to permit its operation in violation of this ordinance. The party holding title to the snowmobile shall be conclusively presumed to be the owner unless the snowmobile shall have been stolen and so reported to a law enforcement agency. Source: Ordinance No. 92 -63, 2nd Series Effective Date: October 27, 1992 $ 8.09 (Page 170 reserved for future expansion) 0 169 (2 -1 -94) 1 \ 1 S 8.09 D. Notwithstanding any prohibition in this Section, - a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. E. No person under fourteen (14) years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets or highways as permitted under this Section and make a direct crossing thereof only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Conservation as provided by Minnesota Statutes 1969, Section 84.86. it is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this Subparagraph. Subd. 6. Snowmobile Equipment. It is unlawful for any person to operate a snowmobile unless it is equipped with the following: A. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulation CONS. 55 which is hereby adopted by reference as it existed on September 1, 1970. No person shall use . a muffler cut -out, by -pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. B. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of the operation. C. A safety or so- called "deadman" throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. D. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment to be in operating condition when the vehicle is operated between the hours of one -half hour after sunset to one -half hour before sunrise or at times of reduced visibility. E. Reflective material at least sixteen inches on each side, forward of the handlebars, so as to reflect or beam light at a 90 degree angle. 170 (7 -1 -89) 0 �1% D ►I � : _ ► 1 u TO: Mayor and Council FROM: Brenda Ewing, Planning Coordinator DATE: January 17, 1996 SUBJECT: Excellence Plus Objectives Attached are the Excellence Plus objectives that were developed by the Council and the Directors and to which the final revisions were made at the Council workshop held on January 9. The Excellence Plus objectives will be considered by the Council at the regularly scheduled meeting on January 23, 1996. If you have any further questions regarding the objectives, please contact any of the following: 0 Gary Plotz, City Administrator - 234 -4201 Dick Lennes, HCDC - 234 -4223 Brenda Ewing, Planning Coordinator - 234 -4239 Enc. 0 11 Finance Before the 1997 truth and taxation hearing, identify and use eight indicators of growth as a guide to justifying annual revenues needed each year through 2001. Reduce the City Debt Service from 43% to 30% of the total annual tax levy by 2002. Project a five -year financial impact on all projects exceeding $50,000, total cost, to be implemented through 2001. Develop,each year, a three -year cost analysis for implementing mandates imposed on the City of Hutchinson by other entities through 2001. Operational Efficiency ncept of "ESSA" (Eliminate, Simplify, Systematize, 10 different operational processes by 2002. mance standards for six functions of general City government and six functions for each department for use as operational measurement by 2002. Community Development "hiswotirvs�R Facilitate the creation of at least 100 Hutchinson permanent full -time jobs per year through 2001. Implement a system to insure City comprehensive planning is an on -going process with appropriate yearly revisions by 2002. Human Resource Development ablieetivt Implement, by 2002, curriculum in four separate "skill sets" to be offered as classes for all employees. Implement at least five City -wide policies relating to employee recognition, tuition reimbursement, personnel advancement, education/training, and community involvement by 2002. Community Involvement 3 Implement three methods for monthly communication with the residents of Hutchinson beginning in 1997 and continuing through 2001. Use at least three separate methods to annually measure resident perceptions on various aspects of City services through the year 2001. Develop, by 2002, a community resource base of at least 100 people that would like to participate on boards, councils, commissions, committees, projects, and/or task forces. Customer Service Document, in each City department, a 30% increase in customer satisfaction by 2002. Develop a s-, stem to process all ideas, suggestions, or complaints from the customer (uitemal/exterual) by the year 2001. • CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT I I I HASSAN STREET S.E., HUTCHINSON, SIN 55350 PHONE: 612 - 234 -4216 FAX: 612. 234.4240 MEMORANDUM DATE: January 17, 1996 TO: The Mayor and City Council FROM: Jim Marka - City Center Facility rn RE: Consideration to Purchase Three Office Cubicles/Furniture for the City Center The City Center Directors met on January 16, 1996, to discuss and conduct a "cubicle/office furniture needs assessment" for the City Center. We have received quotes through the State Contracts Arrangements, utilizing Mr. Peter Moeller with General Office Products, and it appears the request for expenditure breaks down approximately as follows: Relocation of Engineering Secretary (Approximately) $6763.00 This facilitates the relocation of the Building and Planning Commission Secretaries to better serve our front desk customers. It also accommodates the relocation of Fire Marshal Stotts from the Fire Station to the City Center - promoting the "One -Stop Shop" concept. Relocation of John Bernhagen (Approximately) $6000.00 This facilitates the expansion of HRA's office space and accommodates HCDC's rearrangement office needs. Addition of 1- cubicle furniture to accommodate (Approximately) $6000.00 future needs i.e. intern/special needs. The directors feel it is important to accommodate 1 additional cubicle space at this time to facilitate special situations i.e. Solitra, interns. This will also eliminate exposure to product line and fabric changes. I ask that the Council recognize that these quotes and budgeted dollars are approximate, but not to exceed $20,000. I request this latitude only to assure that I have addressed all of the 0 involved departments needs. Thank you. 9� SUBJECT I am recommending that the City of Hutchinson sell the 1977 Chevrolet Dump Truck, equipped with a one -way snow plow and sand/salt spreader, to the Hutchinson School District #423. The vehicle was inspected by School Board and School Maintenance personnel and found to be adequate for their needs. The School Board authotized the purchase of the 1977 Chevrolet Truck, VIN #CCE667V128903, equipped with one -way snow plow and sand /salt spreader for a total price of $8,600.00, contingent on City Council approval. I checked with truck sales personnel in Minneapolis, and confirmed that the price was reasonable and fair for both parties concerned. Based on my findings, I strongly recommend the sale of the City vehicle to the Hutchinson School District. See the attached copy of the School Board Minutes confirming their approval and purchase price. Ciry Center I I I Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 1612)587 -2975 Fax (612) 2344240 - Printed on recvrled paper - Police S 10 Franklin Hurchinson, MI. (612)58 1 Fax (612). f� EX1_ sF e,lA t r o ll /.7 -/ -) - . _5&I i7 rr Ic T A/o _ Y2,3 QARY L H09ft WARY A" - 4JIUM u,cwn.Ea.,M.N, Moved by Douglas Brown, seconded by Stephen Borstad, with all members present voting aye, the board adopted a revised drug testing policy (GBEDD) as presented. Moved by Douglas Brown, seconded by Mark Erickson, with all members present voting aye, the board approved the purchase of a 1977 2 -ton dump truck from the City of Hutchinson in the amount of $8,600, and authorized the administration to sell the district's present 2 -ton truck through the bid process. Superintendent Matejka updated the board on Park Elementary lintel repair bids. Board members reviewed December 1, 1995 student enrollment. Moved by Bonnie Baumetz, seconded by Stephen Borstad, with all members present voting aye, the following employment was approved: Jan Berg - Additional employment for second semester of one (1) hour and 10 minutes as High School Business Education Teacher; Effective January 22, 1996; Conditions per teacher master agreement. Kathy Graf - Additional 1.25 hours per day as Bus Monitor (special education mini -bus) and contingent upon needs of students; Effective November 9, 1995; Conditions per H.A.A.P. master agreement. Community Education Instructors - as per recommended lists. Moved by Mark Erickson, seconded by Bonnie Baumetz, with all members present voting aye, the board approved a return from child care leave of absence for Janet Schmidt, Park Food Service Secretary III, effective January 2, 1996. Moved by Mark Erickson, seconded by Stephen Borstad, with all members present voting aye, the board adopted a TRA Application for Exemption from Earnings Limitation for Glenn Matejka to continue serving as Interim Superintendent for a period of 90 days. Assistant Superintendent Ross reviewed the recent North Central Accreditation Association site review of the English /Language Arts Program. Interim Superintendent Matejka and Board Member Olson updated the board on the time lines and options of the state fire marshal's report. Moved by Bonnie Baumetz, seconded by Douglas Brown, with all members present voting aye, a tentative meeting to ratify negotiated contracts was set for Tuesday, December 19, 1995, at 12:00 Noon in the District office Conference Room. 0 �J Hutchinson Area Health Care • Hutchinson Community Hospital • Burns,11anor;4ursing Home • Dassel Medical Center • Winsted Family Practice Clinic January 18, 1996 The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center 111 Hassan St S. Hutchinson, MN 55350 Dear Mayor Torgerson and City Council Members: The board of directors of Hutchinson Area Health Care (HAHC), as part of their regular meeting on December 19, 1995, received for consideration a proposed management agreement with Allina Health Systems of Minneapolis. You will remember that our hospital originally entered into an affiliation with Allina back in 1987 when its corporate name was LifeSpan (which later became HealthSpan and now is Allina). The HAHC board has had an opportunity to ponder the content of the agreement and, thus far, no questions have been raised. The board will make a decision on Tuesday, January 23, whether or not to recommend approval of the agreement to the City Council. On Tuesday evening, Barry Anderson, City Attorney, will attend the HAHC board meeting at 5:30 p.m., where the management agreement will be considered first on the agenda, to answer any legal questions that may arise. Following the board's expected approval, Barry will leave that meeting and join your City Council meeting, where we have placed the agreement on the agenda for your consideration and approval. Thank you, in advance, for your consideration of this agreement. If you have questions after reviewing the document, please contact Barry Anderson, Don Erickson or myself prior to your Tuesday evening meeting. Sincerely, TCHINSON AREA HEALTH CARE Philip G Graves President PGG:Ih Enclosure 1095 Highway 15 South • Hutchinson, MN 55350 • (612) 234 -5000 � F HUTCHINSON AREA HEALTH CARE MANAGEMENT SERVICES AGREEMENT THIS AGREEMENT made and entered into this I st day of January, 1996, by and between Hutchinson Area Health Care (hereinafter "Hospital and Home "), having principal offices at 1095 ITighway 15 South, Hutchinson, Minnesota 55350, and Allina Health System, a Minnesota not -for- profit corporation (hereinafter "AHS "), having principal offices at 5601 Smetana Drive, Minneapolis, Minnesota 55343 -5012; WITNESSETH: WHEREAS, Hospital and Home is committed to the delivery of necessary, high quality health care services in an efficient and low cost manner within the community it serves; and WHEREAS, AHS is a comprehensive health services system with the shared vision, programs, people, resources and commitment to deliver high quality health care services at the lowest possible cost; and WHEREAS, Hospital and Home is of the opinion that the expertise and variety of services provided by AHS could and should be employed in the operation of Hospital and Home and its various programs for the ultimate benefit of the community it serves; and WHEREAS, AHS is willing to make such resources and services available to Hospital and Home on the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual covenants stated herein below, the parties hereby agree as follows: DESCRIPTION OF THE MANAGED FACILITIES Hutchinson Area Health Care is under the ownership of the City of Hutchinson with certain powers reserved to the City Council as specified in the City Charter, and other powers vested in the Board of Directors as specified in the Hospital and Home Bylaws. Nothing in this Agreement shall transfer any ownership rights in Hospital and Home to AHS. As presently established, Hospital and Home's health care facilities consist of a sixty-six (66) bed full - service acute care hospital and a one hundred twenty-eight (128) bed skilled nursing facility, and primary care satellite clinics located in Dassel and Winstead, as well as grounds, parking facilities, other real property, furniture, fixtures and equipment now situated thereat for purposes of or relating to the rendition of health care services. 0 Except as limited by the rights specifically reserved herein to Hospital and Home and its Board, Hospital and Home hereby grants to AHS the right to manage and operate Hospital and Home and to do any and all things necessary to accomplish the duties and obligations undertaken by AHS under this Agreement, subject to any existing agreements between Hospital and Home and third parties and relevant federal or state law. The scope of the services provided by the terms of this Agreement do not extend to any facilities subsequently purchased, constructed, or otherwise acquired by Hospital and Home which increase the gross revenues of Hospital and Home by more than ten percent (10%). IMM a) Board of Directors Nothing in this Agreement is intended to alter or displace the authority and responsibility of the Hospital and Home or the Board of the Hospital and Home. The Council and Board shall retain all authority placed in them by law and by the Hutchinson City Charter, and shall retain such other authority as shall not have been specifically delegated to AHS pursuant to the terms of this Agreement. The Board shall retain full responsibility in terms of management, control and policy setting decisions with such responsibility to be exercised according to those legal and fiduciary obligations customarily residing with such a board, and to that end shall oversee the Hospital and Home Administrator in the performance of his or her management duties. The Board shall be entitled to the full loyalty and good faith of any Administrator provided pursuant to the terms of this Agreement. The Administrator shall share with the Board any information or knowledge which he/she possesses or has gained which is relevant to Hospital and Home or has an impact on its present and future planning for meeting the needs for health care in Hospital and Home's service area. Total dedication and loyalty to Hospital and Home and its Board shall be a primary requirement of any Administrator retained pursuant to the terms of this Agreement. In fulfilling its role under this Agreement, the Board expressly acknowledges that AHS, working with the Administrator, is granted full authority to implement and fulfill the policy decisions of the Board. In making this grant of authority, the Board recognizes the distinction between its governance function and the management function of AHS. The Board shall perform such acts as will support, and shall refrain from such acts as will unreasonably interfere with, AHS's continued good faith and best efforts to manage Hospital and Home in a manner consistent with all applicable federal, state and local laws, this Agreement, and good business practice within the community and within the health care industry generally. 2 • In support of this relationship, the responsible AHS Vice President or his/her designee shall attend the majority of the regularly scheduled monthly Board meetings as the AHS Vice President and Chairman of the Board shall agree, and all those special Board meetings where timeliness of notice so permits. (b) Management Services From the effective date of this Agreement, the Hospital and Home shall retain AHS and AHS shall provide management services for the Hospital and Home during the term of this Agreement in a manner consistent with all applicable federal, state and local laws, this Agreement, and good business practice within the community to be served by Hospital and Home and within the health care industry, subject at all times to the control, supervision and policies of the Board. AHS shall provide such management services in conformity with the standards for an accredited hospital (and, in particular, shall apply the standards of performance established by the Joint Commission on Accreditation of Health Care Organizations and other accrediting or regulatory bodies, agencies, and authorities having jurisdiction over Hospital and Home). All management services to be performed by AHS hereunder shall be performed by Hospital and Home employees under the supervision of or on the advice of; those personnel described in Sections 3 and 4 of this Agreement. The services of those personnel are to be deployed in the manner contemplated by Sections 3 and 4 to the extent determined by the Administrator, in consultation with AHS, to be in Hospital and Home's best interests. Such services shall consist of (except as contemplated by Section 9 hereof) services set forth in this Agreement and in the attached Exhibit A, the Management Action Plan (hereinafter "MAP "), by this reference made a part hereof. The services provided hereunder shall be those of the type which shall respond to routine or general inquiries or matters usually and customarily encountered by Hospital and Home. A certain basic level of such general services, including (a) services set forth in the MAP, and (b) services as set forth in Sections 4(a),(b), and (c) of this Agreement shall be provided by AHS without additional compensation beyond that fee specified in Section 8 of this Agreement. However, there may be instances of service requirements which are extensive and beyond the level of consulting services routinely or generally provided by AHS to its member hospitals. In such situations, the terms of Section 9 of this Agreement shall apply. (c) Medical Staff The Medical Staff of Hospital and Home shall continue to be organized and function according to its Bylaws, as they may be amended from time to time. The Medical Staff shall consult the Administrator as is usual and customary within the health care industry , 11 3 (d) Third Parties Nothing in this Agreement shall, in any way, modify or diminish the rights and/or responsibilities that Hospital and Home has obtained or undertaken pursuant to e )dsting third party agreements, affiliation agreements or contracts, in particular those with third -party reimbursement agencies. (e) Other Obligations Neither of the undersigned parties shall assume any e�dsting or future debt, obligation, or liability of the other party or any other debt, obligation or liability incurred by either party on behalf of the other party outside the scope of its authority under this Agreement. 200 � � • AHS shall provide to Hospital and Home the full time services of a qualified hospital Administrator. The parties acknowledge that Phillip Graves is currently employed by AHS to serve in this capacity. Should a vacancy in the Administrator position occur, AHS shall recruit, screen and submit not less than three (3) candidates which meet predetermined criteria, which criteria shall be developed by the Hospital and Home Board in conjunction with AHS. Upon the Hospital and Home Board's own initiative, it may recommend individuals to AHS for consideration as candidates. All such candidates shall be qualified hospital and nursing home administrators who are skilled in the performance of those usual and customary on -site duties necessary to the operation and management of Hospital and Home. From among the qualified candidates submitted to Hospital and Home by AHS, the Board and AHS shall agree on the selection of that individual who is to be employed by AHS as the Administrator for Hospital and Home under the terms of this Agreement. If Hospital and Home and AHS cannot agree upon the selection of an administrator, the provisions of Section 19 of this Agreement shall apply. As to the Administrator, Hospital and Home shall retain the power and authority to dismiss the Administrator, with or without cause, without said dismissal resulting in a termination of this Agreement. In such event, the Board shall withhold any such dismissal action until it has consulted with the designated AHS Vice President. AHS shall make continuous provision for a qualified Administrator throughout the term of this Agreement. In the event there is a temporary vacancy in the Administrator position, for whatever reason, AHS shall, subject to the approval of the Hospital and Home Board, provide a qualified person (either internally from Hospital and Home or from AHS) to continue management of Hospital and Home during the interim until a permanent replacement can be successfully recruited. Insofar as is permitted by law, the Administrator shall, as would be true for all other AHS rd • personnel rendering services under this Agreement, remain an employee of AHS. This shall not, however, change the relationship between the Administrator and Hospital and Home. Hospital and Home shall continue to delegate to the Administrator the responsibility and authority for the operation of the Hospital and Home, subject in all events to such direction as may be given by proper Board action taken in accordance with Section 2(a) of this Agreement. In his/her relationship with all other administrators, directors, or other department heads of Hospital and Home, the administrator shall be the individual to whom all other administrators, directors or department heads directly report. To aid and support AHS in the performance of the services specified within this Agreement and the MAP, AHS shall provide to Hospital and Home the below specified personnel: (a) Executive Personnel AHS shall make available, at the appropriate request of the Administrator, the services of the following personnel: Regional Services Management: Division Vice President Vice President (Primary Hospital Contact Person) Director of Finance Director of Human Resources Allina Management. President and Executive Officer Group Vice President, Delivery Services System Vice President, Human Resources System Vice President, Communications System Vice President, Finance System Vice President, Planning and Marketing System Vice President, Public Policy and Community Affairs Group Vice President, Professional Services (b) System Staff Personnel Specialized services in areas generally provided by AHS to its managed hospitals shall also be made available to Hospital and Home. These services are provided as specialist consulting support for the analogous department based at Hospital and Home, and are not meant to be used in a day - today operational capacity by Hospital and Home. These services presently include, subject to mutual agreement between 0 the parties to add, delete or otherwise modify, the following specialties: 0 Accounting and Financial Management Ambulance/Emergency Transportation Human Resources Material Services Public Relations Quality Assurance/Risk Management Strategic Planning and Marketing ISN Development Legal Services, to the extent permissible by law (c) Owned. Managed and Affiliated Health Care Staff Personnel Advisory services from personnel at the department director levels in other hospitals within the Allina System shall be provided to Hospital and Home by AHS, to the extent feasible, at the request of the Administrator. The use of such personnel shall be conditioned upon the consent of the AHS administrator to whom said personnel report. Personnel specified in sub - sections (a) and (b) immediately above may be utilized by the Administrator, with the agreement of the AHS Vice President, in advisory capacities for the operation of Hospital and Home. When furnishing advisory or • managerial services to Hospital and Home, these personnel shall be responsible to the Administrator for their performance. !OU1 I ZVOPOWN i 8 .1 N� � In all events, AHS shall be acting as an independent contractor in its performance of this Agreement and all employees of AHS, acting in support of this Agreement, shall remain on the payroll of AHS during the term of this Agreement. When performing services at Hospital and Home, all AHS employees shall comply with all applicable federal, state and local laws, and this Agreement, and shall be subject to and comply with the rules, regulations and policies established by the Board. • 1�i The term of this Agreement shall commence on January 2, 1996, (hereinafter "Effective Date ") and except as subject to early termination as provided in Section 7 immediately below, the term of this Agreement shall end on December 31, 2001. 0 • 7. EARLY TERMINATION (a) Events of Default The occurrence of any of the following events shall constitute an "Event of Default" hereunder: 1) Breach of Agreement - Default by either party in the performance of or breach of any covenant or agreement under this Agreement. 2) Bankruptgy or Insolvengy - The insolvency, bankruptcy assignment for the benefit of creditors, reorganization, or liquidation of, or the appointment of a receiver or trustee for either party or any of its properties; 3) Loss of Lice nse - The failure to obtain, or the suspension, termination, revocation, or expiration of any license necessary for the operation of either party's business as it relates to this Agreement. (b) Termination for Default Except as otherwise explicitly provided in this Section 7, upon the occurrence of an Event of Default and the failure to promptly and with due diligence take or continue to take action to cure such alleged default for a period of sixty (60) days following written notice of such Event of Default given to the defaulting party by the non - defaulting party, the non -defauhing party may, at its option, terminate this Agreement upon written notice to the defaulting party. Notwithstanding any provision hereof to the contrary, however, in the Event of Default by AHS, which default relates to the licensure or jeopardizes the ongoing operation of Hospital and Home, Hospital and Home may, in its sole discretion, terminate this Agreement upon ten (10) days written notice to AHS. If AHS cures the condition resulting in Hospital and Home's notice within such ten (1 0) day period, the notice shall be of no force and effect. (c) Termination for Quality Assurance Non - Compliance This Agreement may be terminated by AHS upon the failure of Hospital and Home to perform, keep, or fulfill any or all of the significant quality assurance recommendations, obligations, or conditions set forth by AHS during the term of this Agreement if AHS, in its sole discretion, determines that any significant quality assurance recommendation, obligation, or condition has not been performed, kept or firlfilled. AHS shall provide Hospital and Home with thirty (30) days' prior written notice of intent to terminate. If Hospital and Home cures the condition resulting in AHS's notice within such thirty (30) day period, the notice shall be of no force and effect. (d) Termination for Failure to Pay I* This Agreement may be terminated upon the failure of either party to pay the other any undisputed amount which may become due hereunder, by the non - defaulting party giving ninety (90) days written notice of termination to the defaulting party. (e) Termination by Mutual Consent This Agreement may be terminated at any time upon mutual written consent. (f) Termination Without Cause This Agreement may be terminated by either party without cause upon ninety (90) days written notice to the other party; provided, however, in the event Hospital and Home terminates this Agreement without cause, the employment - related expenses associated with the Administrator provided by AHS to Hospital and Home pursuant to Section 3 above shall be an expense of Hospital and Home. Such employment - related expenses shall be limited to those sent forth in the attached Exhibit B, by this reference made a part hereof. In the event Hospital and Home retains Phillip Graves as its Administrator upon termination of this Agreement, however, no such employment - related expenses shall be paid. Any termination of this Agreement shall be without right of penalty, damages, or other form of compensation to be paid or awarded any party excepting, however, any compensation earned or payable pursuant to the terms of Sections 7(0, 8 or 9 and remaining unpaid at the date of termination, any indemnification which may become owing, by the terms of Section 11 for any acts occurring during the term hereof, or for specific amounts payable and owing under the terms of this Agreement. 8. COMPENSATION Except as specified by the terms of Section 9 of this Agreement, AHS shall be entitled to receive from Hospital and Home for the services rendered hereunder, the following compensation paid at the time and in the manner specified in sub- sections (a) through (d) below. (a) Management Services Fee Hospital and Home shall pay AHS, for each calendar month during the effective term of this Agreement, a management fee (hereinafter "Base Fee "). If there is a partial month, the Base Fee shall be multiplied by a fraction, the numerator of which is the number of days the Agreement is in effect in such partial month and the denominator of which is the number of days in such month. The Base Fee shall be payable as specified in sub- section (d) below. The Base Fee shall be as follows: Eight Thousand Dollars ($8,000) per month, or Ninety -six Thousand Dollars ($96,000) per year for each effective year of this 8 Agreement. Each year following the initial year of the Agreement, the Base Fee shall be increased by the lessor of five percent (5 %) or percentage rise in the most recent Consumer Price Index (all consumers). The Base Fee shall include all travel, food, lodging, and out -of- pocket expenses for all AHS resource people traveling to Hospital and Home to render services. (b) Administrator Compensation In addition to the foregoing Base Fee and only in the event that AHS employs the Administrator, AHS shall be entitled to receive those amounts incurred in payment of the salary, fiinge benefits, and indirect costs of the Administrator. As used herein, the term Administrator shall include the person holding such position as well as any permanent or interim replacement for said position, and the foregoing terms shall have the following meanings: 1) "Salary" shall mean that cash income, both base salary and any management incentive put in place by AHS, paid to Administrator, as the designated AHS Vice President and the Board may, from time to time, agree is fair compensation to said employee. In the event the Administrator is terminated by Hospital and Home for reasons other than "cause" as defined by Hospital and Home or AHS personnel policies, "salary" shall also mean any compensation established pursuant to the terms of any severance agreement which AHS, (to be modified with the approval of the Board), enters into with the Administrator, which agreement shall be consistent with AHS termination policy and usual practices existing at the time of t erminati on. The Administrator shall not be terminated by AHS without prior consultation with the Board. If the Administrator is terminated for reasons other than "cause" by AHS, notwithstanding any other provision of this Agreement to the contrary, AHS shall be solely responsible for any "salary" paid to Administrator on and after the date of any such termination without any contribution by Hospital and Home to AHS for this "salary." 2) "Fringe Benefits" shall be paid to Administrator in accordance with the AHS benefit program as set forth in the attached Exhibit C, by this reference made a part hereof, applicable to AHS executive employees. 3) "Indirect Costs" shall include, but not be limited to, FICA taxes, unemployment insurance premiums, worker's compensation premiums, and such other fees, assessments, charges or insurance premiums as may, from time to time, be required of an employer by the terms of local, state and 9 federal laws, statutes or regulations. Administrator compensation is payable as specified in subsection (d) below. (c) Miscellaneous Administrator Expenses 1) Hospital and Home shall directly reimburse any Administrator candidate for any reasonable and necessary travel, lodging, or meal expense of such candidate and his/her spouse as may be associated with any pre - employment interview conducted in or about the community in which Hospital and Home is situated, or Minneapolis, Minnesota, provided Hospital and Home shall agree to approve any such interview prior to it being scheduled. 2) Hospital and Home shall directly reimburse any Administrator employed by Hospital and Home for those reasonable and necessary expenses incurred by said Administrator and his or her immediate family in relocating to the community served by Hospital as such expense may be agreed to between Hospital and said Administrator. 3) Hospital and Home shall directly reimburse Administrator for any reasonable and necessary out -of- pocket expenses incurred for travel, meals and lodging in the course of rendering services to Hospital and Home, and to include expenses for travel, meals and lodging to Minneapolis, Minnesota for purposes ofAHS regional meetings and any special purposes, deemed by the Administrator and approved by Hospital and Home, in advance, to be in the best interests of Hospital. (d) Invoices Hospital and Home shall be invoiced by AHS within five (5) days following the close of each calendar month for those fees and expenses due and payable by the terms of sub - sections (a), (b) and (c) above. All amounts so invoiced shall be paid on or before the twenty-fifth (25th) day of the month in which the invoice is received by Hospital and Home. For any partial month this Agreement is in effect, the Base Fee shall be prorated on the basis of a fraction, the denominator of which is the number of days in the month of termination and the numerator of which is the number of days the Agreement is in effect. Nothing in this Agreement shall change the responsibility of Hospital and Home to pay for operating expenses and debt service of Hospital and Home. 10 The compensation provisions of Section 8 hereof are based upon the usual and customary services necessary for the day -to -day management of Hospital and Home, and such services include (a) those services set forth in the MAP, and (b) those services as set forth in Section 4(a), (b) and (c) hereof. In the event services are proposed which are clearly above and beyond the basic level of services required by this Agreement, AHS shall be entitled to reimbursement for said services in the amount of AHS's then customary fees for such services including travel expenses; provided, however, that prior to delivery of said services, AHS shall, in writing, advise the Administrator of its intent to charge for services and its estimate of the total charges to be incurred. The Administrator shall obtain approval of the Board before finally authorizing the delivery of any such services. Hospital and Home shall maintain insurance during the term of this Agreement against all losses or risks customarily insured against in amounts appropriate for a business of its type and exposure to include, but not be limited to, the Following specific insurance requirements: (a) Comprehensive Hospital and Home Liability A comprehensive Hospital and Home liability policy covering both professional (malpractice) and general Lability in the primary amount of One Million Dollars ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) annual aggregate insuring Hospital and Home and its employees and agents, and naming AHS and Administrator as additional insureds. (b) Excess Coverage. To supplement the coverage specified in sub- section (a) above, an excess policy in the amount of Three Million Dollars ($3,000,000.00) endorsed as specified above, or such other lesser amount as approved by AHS. (c) Directors and Officers Insurance Hospital and Home shall maintain a Directors and Officers Liability policy with limits of One Million Dollars ($1,000,000.00) naming AHS and Administrator as additional insureds thereunder and adopting in its bylaws or charter those officer indemnification provisions permitted by applicable state law. Hospital and Home, upon the advice of Administrator and in consultation with qualified insurance brokers, shall also provide such other forms of liability, indemnity or casualty insurance as are reasonable and customary for a health care facility of the size and configuration of Hospital and Home. All insuran provided pursuant to this Section 11 shall be the subject of a certificate evidencing same, which certificate shall provide that the insurer give AHS thirty (30) days written notice of any cancellation, termination or reduction of insurance. I1 11. INDEMNIFICATION: (a) In furtherance of this Agreement, each party shall protect and indemnify the other party, its directors and personnel acting in furtherance of this Agreement from all claims, demands, suits, liabilities, obligations and expenses, including reasonable attomeys' fees made by third parties arising out of the performance, non - performance or negligence in the performance or non - performance of any services of the other party under this Agreement and shall save the other party harmless from, and defend the other party against, any and all injuries, loss or damages, of whatever nature, to any person or property caused by or resulting from any act, omission, or negligence of the indemnifying party and any of its employees or agents. It is a condition of this save harmless and indemnification that the indemnifying party shall receive prompt notice of any such claim against the party to be indemnified. (b) Each parry to this Agreement shall obtain appropriate endorsements to its respective insurance policies presently, or in the future, in effect under which the insurer night otherwise have subrogation rights to pursue such claims or suits, waiving any and all rights to subrogation as against either party and/or all of their respective personnel and employees when acting within the terms of this Agreement and shall provide satisfactory evidence of the foregoing to each other. 12. ENTIRE AGREEMENT 0 Neither party hereto makes any representation, warranty or covenant not fully set forth in this Agreement and attached exhibits. This Agreement and attached exhibits are the complete and entire agreement between the parties relating to the subject matter referred to herein, and supersede all proposals, writings and all other communications between the parties as to any such subject matter. 13. PROTECTIVE COVENANT Unless mutually agreed to in writing by the parties in advance, neither party hereto shall, during the term this Agreement and for a period of one (1) year thereafter, directly or indirectly retain, hire, or employ any management employee of the other party. Both parties recognize that (a) each party has devoted substantial amounts of time and expense to training and educating its employees and that (b) such employees are valuable and essential to the respective operations of their respective employers. Each party will be severely damaged if the other party breeches this Section and causes the loss of services of said employees to their current employer. In the event of any such breach of this Section, 12 . actual damages will be difficult to prove or ascertain. Twenty-Five Thousand Dollars ($25,000.00) is the reasonable estimate of the damages either party will suffer for each employee whose services it loses pursuant to a breach of this Section. In the event of a breach, the breaching party shall pay the other party as liquidation damages Twenty-Five Thousand Dollars ($25,000.00) for each employee whom the breaching party directly or indirectly retains, hires or employs in breach of this Section. This Section applies to Allina Health System Personnel who provide direct services to managed facilities, and Hospital and Home personnel who are part of Hospital and Home's administrative staff. Phillip Graves, current hospital administrator, is excluded from this protective covenant and may be rehired by Hospital and Home upon termination of this Agreement. ►� The terms of this Agreement may be changed or modified by mutual agreement of the parties hereto. Such changes or modifications shall be effective only upon the execution of written amendments executed by AHS and Hospital and Home. 15. ASSIGNABELITY This Agreement shall be binding upon the parties hereto and their respective successors and assigns, provided that no assignment of this Agreement shall be effective without the express written consent of the non - assigning parry. 16. AUTHORITY TO EXECUTE Each of the parties undersigned to this Agreement represent and warrant that it has the authority to execute this Agreement; that execution of same will not result in any violation of any debenture, note or other agreement to which the party is subject; and that such action is properly authorized by the Board of Directors of each party or entity or entities which control or govern the affairs of either party. 0_ •;1 For the purpose of implementing Section 1861 (v) (1) (1) of the Social Security Act, as amended, and any written regulations thereunder, and other governmental requirements, AHS AV comply with the following requirements governing the maintenance of documentation to verify the cost of services rendered under this Agreement: (a) Until the expiration of the longer of the period of time required by federal or state law • 13 or for four (4) years after the furnishing of such services pursuant to this Agreement, AHS shall make available upon written request by the Secretary, or upon request by the Comptroller General or any of their duly authorized representatives or other appropriate federal or state officials, the Agreement, and books, documents, and records that are necessary to certify the nature and extent of such costs; and (b) If AHS carries out any of the duties of this Agreement through a subcontract with a value or cost of Ten Thousand Dollars ($10,000.00) or more over a twelve (12) month period with a related organization (as that term is defined with regard to a provider in 42 CF.R. Section 405.227[b]), such subcontract shall contain a clause to the effect that, until the expiration of the longer of the period of time required by federal or state law or for four (4) years after the famishing of such services pursuant to such subcontract, the related organization shall make available upon written request to the Secretary, or upon request to the Comptroller General or any of their duly authorized representatives or other appropriate federal or state officials, the subcontract, and books, documents, and records of such organization that are necessary to verify the nature and extent of such costs. Nothing in this Section shall be deemed to give AHS the ability to subcontract without the prior, written approval of Hospital and Home. L ' '� In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, the parties shall meet and attempt to revise the Agreement to comply with the law. To the extent that any term of this Agreement is deemed to be inconsistent with relevant federal, state or local laws or ordinances, the law shall control. 19. DISPUTE RESOLUTION In the event of dispute under this Agreement between AHS and Hospital and Home which is not settled promptly by direct negotiation in the normal course of business, AHS and Hospital and Home shall, through their fully authorized representative(s), attempt in good faith to resolve the dispute(s) by mediation. Within thirty (30) days of the time the dispute is acknowledged by both parties in writing as unresolved, either AHS or Hospital and Home shall save a written notice of mediation on the other. The parties shall attempt to agree on a mediator. If no agreement is reached within ten (10) days of the service of written notice of mediation, either party may immediately submit a request for a mediator to a McLeod County, Minnesota District Court judge who shall select a mediator certified by the Minnesota Supreme Court from the McLeod County District Court's mediator roster. The appointment shall be binding on the parties. The mediator shall schedule a mediation conference at Hospital and Home within twenty (20) days of the mediator's appointment. The 14 • 9 cost of mediation shall be shared equally between AHS and Hospital and Home. Neither litigation nor any other form of dispute resolution shall be commenced by either party against the other unless and until the mediation process is concluded without satisfactory resolution. 20. CONFIDENTIALITY Neither party to this Agreement, nor their agents or employees, shall disclose to any third party information which either party, their agents or employees, have reason to believe is confidential or which is designated as confidential, unless such disclosure is authorized or required by law. If either party believes disclosure is legally required, the disclosing party shall give immediate notice to the other party of its grounds for disclosure, prior to making any such disclosure. If confidential information is disclosed or otherwise misused by a party hereto, its agents or its employees, the other party shall have the right to immediately terminate this Agreement and any other legal relationship between the parties. In addition, the other party shall be entitled to enforce any and all rights to damages it may have at law, in equity or by statute. Both parties hereby consent to the specific enforcement of this Section through an injunction or restraining order issued by any appropriate court. This Section shall survive termination of this Agreement. 21. NOTICES: Notices and other mailings made pursuant to this Agreement shall be deemed to have been made if sent by United States certified mail, return receipt requested, by one party to the other parry hereto. Notices sent from AHS to Hospital and Home shall be addressed as follows: Hutchinson Area Health Care 109511ighway 15 South Hutchinson, MN 55350 ATTN: Board Chair Notices sent from Hospital and Home to AHS shall be addressed as follows: • 15 Mina Health System 5601 Smetana Drive Minneapolis, Minnesota 55343 -5012 ATTN: Julie Schmidt Internal zip: 80260 Each party hereto shall notify the other party, in writing, of any change of address within five (5) days of said change. 22. SECTION HEADINGS The section headings which are used in this Agreement are used for the purpose of convenience and reference only. They shall not be used in any way to define, limit or extend the scope, meaning or intent of the terms and provisions of this Agreement. 23. CHOICE OF LAW: This Agreement shall be construed under, subject to and governed by the laws of the State of Minnesota. To the extent that this Agreement is found to be inconsistent with any relevant federal, state or local laws, regulations or ordinances, the terms of such laws, regulations or ordinances shall control over the terms of this Agreement. If any provision of this Agreement, by application of this Section, is held to be invalid or unenforceable, Section 18 of this Agreement shall be utilized by the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first written. HIJTCHINSON AREA HEALTH CARE ALLINA HEALTH SYSTEM ( "AHS ") ( "Hospital and Home ") By. By Its Chairman Its Division Vice President By: By. Its Secrelwy Its Vice President, Regional Services c:\dan \wp51 \hutch_mgmLagr 16 0 ! • • HUTCHINSON AREA HEALTH CARE MANAGEMENT ACTION PLAN January 1, 1996 - December 31, 2001 MANAGEMENT CHALLENGE MANAGEMENT ACTION L Ongoing Operations 1) Basic support /management services to the hospital administrator. This includes, but is not and Management Support limited to: • Leadership Council meetings • Orientation and update information on Allina activities at the System Office (as needed) • Allina Vice President, Regional Services (RHS), or alternate corporate representative attends Board meetings and provides concurrent consultation visit • Regular, as needed, telephone communications with Vice President, RHS, regarding hospital operations • Assistance in formulating and achieving yearly objectives for hospital and administrator. Includes quarterly update or monitoring report to Board of Directors. • Attendance at education sessions as held • Access to all corporate officers and departments, as needed, in consultation with Vice President, RHS • If requested, review function of any department in the hospital with one day site visit, resulting in written report with recommendations for improvement • Peer contact as needed with other administrators of regional hospitals 2) Board of Directors: • Annual self - evaluation • Invitation for Board representatives to attend annual Regional Board Retreat • Facilitate one (1) Board education session annually MANAGEMENT CHALLENGE MANAGEMENT ACTION NO z 3) Performance review: • Develop a process for assessing the value of the current Allina relationship. This process should include a financial analysis of the cost/benefit of the management contract, an assessment of employee attitudes regarding Hutchinson Area Health Care /Allina relationship, as well as the implications of a fully integrated relationship between Allina and Hutchinson Area Health Care /I. Financial Management 1) Review and comment on monthly financial statement 2) Provide quarterly in -depth analysis of financial statement with recommendations 3) Analysis of Medicare and Medicaid payment if requested 4) Review operating budget volume and assumptions and comment 5) Provide Hospital with annual Health Care inflationary indicators 6) Coordinate budget review by Regional Services 7) Review annual operating budget; produce budget document, if requested 8) Present operating and capital budget to Finance Committee, if requested 9) Consult with CFO and Business Office Manager as needed 10) Provide Allina financial report format for management and comparison purposes. 11) Provide general support: • Continuing assistance /support regarding financial audits and auditing firms, business office management, wage and salary programs and long range financial planning, as requested • Provide on -going financial information to the hospital Board • Provide annual comparison of financial ratios for similar sizes hospitals • On -going telephone consultation regarding financial matters and issues as needed 0 0 MANAGEMENT CIIALLENGE MANAGEMENT ACTION P age j • Provide one (1) Board education program regarding finance annually 12) Provide a comparative analysis of current rate structure, if requested HL Strategic Planning 1) Support the strategic planning process: and Marketing • Develop Information Data Base, to be updated annually • Develop analysis of strengths, weaknesses, opportunities and threats • Assist hospital management with the development of an action plan, goals and objectives • Assist hospital management with budget preparation based upon goals and objectives /V. Human Resources 1) Employee Relations: Management • Review human resources policies and procedures as needed; assist in formulation of new policies. • General telephone consultation regarding employment legislative requirements • Provide consultation on performance management issues, including constructive discipline and employee rights • Access to Allina workshops, on an availability basis, at the Allina charge if there is one 2) Employment: • Provide Allina System job openings upon request • Allow access for HAHC to list job opportunities on system job openings list 3) Compensation and Benefits: • Audit and recommend changes to current systems 4) General HRM • Overall human resource management consultation available • Availability of Allina's HR forms, manuals and other appropriate documents • Invitation to attend monthly RIIS human resources meetings • Access to Allina's Human Resource Development library MANAGEMENT CHALLENGE MANAGEMENT ACTION V. Quality Improvement There are a number of areas that may be of value in the Quality Improvement support. The priority focus is determined jointly between the institution and Allina quality team, providing service up to an average of 12 hours per month. Additional support may be negotiated at a pre - determined rate. 1) 1CAHO: • Conduct a mock JCAHO survey designed to determine readiness for the actual survey • Provide education, training, and on -site assistance in the development and effective implementation of processes, systems, structures, and documentation designed to he in substantial compliance to JCAHO standards and scoring guidelines • Participate in the organization's JCAHO survey • In collaboration with appropriate leaders, develop and implement any necessary follow -up plans in response to recommendations 2) Credentialing: • Complete a credentialing assessment designed to evaluate current processes for effective data collection, verification, and decision making • In collaboration with physicians, develop and assist in the implementation of recommendations based on the assessment 3) Medical Staff: • Complete a comprehensive evaluation of the medical staff organization and bylaws to determine if bylaws reflect current practice and regulatory requirements • In collaboration with physicians, develop and assist in the implementation of recommendations based on the assessment 4) Quality Improvement • Provide quality improvement education and training based on a written description of the leaming needs of the organization • In collaboration with the Quality Director, develop a data management system designed to capture quality improvement activities and results throughout the organization and medical staff • Provide coaching, education, and training to the Quality Director, designed to enhance skills and abilities to be independent in facilitation, coaching, and effective implementation of all MANAGEMENT CHALLENGE MANAGEMENT ACTION Page s quality related processes and activities • Partner for coaching the President as it relates to leadership in the quality transformation process and in improving organizational performance • Provide consultation as it relates to all aspects of the quality improvement transformation process. This includes leadership commitment activities, development of an appropriate infrastructure, identification and selection of quality principles, etc. • Provide facilitator training for at least three individuals selected by Hutchinson Area Health Care Hospital V/. Provider Relations 1) Develop clear communications and relationship processes with all Hutchinson Area Health Care area physician clinics to assure consistent input and involvement of all physicians in hospital matters and to provide a forum that promotes cooperation among local medical providers. Allina- related entities shall not be treated preferentially in these matters and processes. 2) Provide technical support for recruitment of physicians 3) Physician access to Allina sponsored CME education (some may have fees attached) 4) Medical staff invitation to Healthcare in the 90's seminars 5) Conduct /facilitate medical staff retreats as requested V!L Managed Care /Third Party Agreements t) Review current managed care /third party contracts and advise as to potential contract improvements 2) Develop a comprehensive managed care plan that focuses on the maintenance of a broad spectrum of managed care relationships for all community providers. Allina related entities shall not be treated preferentially in these matters and processes. V /I. Community Relationships 1) Support Hutchinson Area Health Care Healthy Community initiatives 2) Work collaboratively with other Hutchinson Area healthcare providers as requested by Hutchinson MANAGEMENT CHALLENGE MANAGEMENT ACTION Page 6 Area Health Care to assist them in evaluating their situation and options available to them (for example, ambulance services) IX. Purchasing /Affiliation Relationships 1) Support Hutchinson Area's purchasing and/or VHA affiliation relationship through the following process: • Implementation of policies and procedures where stone exist and provide support improvement where necessary. • Facilitation of a personal development plan for materials staff and ongoing training for materials staff and others as they relate to supply issues. • Assistance with budget preparation for expense and capital and long -range and short-range goal setting as it relates to materials • Assistance with inventory management, product evaluation and standardization. • Facilitation of contract negotiations, contract interpretations and implementations and the resolution of supplier issues at the local or national level, resulting in the development of quality teams as needed. X. Home Care 1) Provide updates as needed on changing rules and regulations and JCAHO standards 2) Provide consultation as needed XI. Patient Care 1) Basic support and consulting to the Division Director - Acute Care Programs and Services Division, or Division Director - Care and Program Support Services Division. This includes, but is not limited to: • Attendance at Regional Service Excellence Team • Attendance at Allina Regional Patient Care Directors Meetings • Regular phone consultation on issues relating to patient care delivery, management and leadership • Assistance on implementing Patient Centered Care strategies. • Attendance at Regional Patient Care educational sessions • Attendance at Allina Education Sessions at the Allina charge • Peer support and networking with various clinical group, i.e. pharmacy, lab, clinical pathway development. • i ! MANAGEMENT CIIALLENGE MANAGEMENT ACTION Pagel 2) Review of Patient Care • Available to assist with development and review of the plan for the provision of care and to make recommendations. • Available to review patient care policies and procedures and to recommend best of practice examples from throughout the Regional Facilities • Provide consultation as needed. 3) Review of Staffing Methodologies • Available for assistance and consultation concerning current staffing processes and systems 4) Restructuring and Change Facilitation • Provide on site facilitation of change processes related to supporting a collaborative multi disciplinary approach to patient care (may be subject to additional fees) • ST. ANASTASIA CATHOLIC CHURCH SHORT -TERM City of Hutchinson Fee: a APPLICATION FOR BINGO LICENSE Approved by: Building Fire Application shall be submitted at least Police days prior to the bingo occasion I. FS. AND I, yi G� l ame of Authorized Officer Name of Designated Bingo Manager Hereby submit in duplicate this application for a license to conduct the game of bingo in accordance with the provisions of City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 for the license year ending natures: X zed Officer of Organization Ak_ following is to be completed by the duly authorized officer of the organization: a 1. True Name: • last fir soot middle 2. Residence Address: �� �S� Eck NSoh M Ss 3s0 Zstreet city state zip code) k 3. Date of Birth: 4 4 - 4. Place of Birth � (mo�day year) (cit & state X 5. Have you ever been convicted of any crime other than a traffic offense? Yes NO If yes, explain B. The following is to be completed by the designated bingo manager of organization: 1. True Name: C j 8W j 4Q Ifs J T ) oa last dd i st mid 2. Residence Address: 1100 r 44'..M . Mo 6s3so ( street - ) (ci ( state) (zip code) 3. Date of Birth: �� q 6( 4. Place of Birth: n 1. (Mo., day & year) tcity W state 5. Have you ever been cony ted of any crime other than a traffic offense? Yes NO Z If yes, explain • 6. How long have you been a member of the organization? 7. Attach a copy of the official resolution or official action designating you bingo manager. /0 -A , C. Game Information: 1. Place where bingo games will be played 2. Date or dates bingo will be played Rq I !' b (date and/or days ) of week) 3. Hours of the day bingo will played: From A to I_ A k 4. Maximum number of players Loo 5. Will prizes be paid in money or merchandise? 1 4 a V.V46j 6. Will refreshments be served during the time the games are being conducted? Yes >. No _AO_ If so, will a charge be made for such refreshments? Yes NO X . , D. Organization Information: 1. Address where regular meetings ( r • e held 2. Day and time of meetings 3. Is the applicant organization organized under the laws of the state of Minnesota? Yes or - No 4. H6w long has the organization been in existence? 4a. How many members in the organization? 5• What is the purpose of the organization ? _�,� ; �� 6. Officers of the Organization: 7. Give names of officers to the organization: Name i or any other persons paid for services Address Title • D. Organization Information: (Continued) • 8. In whose custody will organization records be kept? Name . 7 _,,1-... 1air Address '7 ) ) r,fir ��'. 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players whir participating in the bingo game, or while on the licensed premises, please state the . Insure rC:4f, I HA- and Policy No. 10. Have you (Mana understands regul tion o i 11. Attach a ist & Officer) read, and do you thoroughly visions of all laws, ordinances, and ing the operation of bingo games? all active members of the organization. E. The following information is provided concerning a fidelity bond given by the bingo manager in favor of the organization: 1. Name of bonding company 2. Address of bonding company ` %;.�', r -A7 OCA 3. Amount and duration of bond • 4. Application is hereby made for waiver of the bonding requirements. Yes r No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance NO. 655 relating to bingo, and I will familiarize mys i f with the contents thereof. Ile MVLW arw Sign tote of authorized officer of organiza Dat ii Subscribed and swor �M of ublic on this Day of �lJ�vyk�ti . :'19r _ ,_ iG vi a ,.ar �' r u iiv - as ion expir Subscribed anti sworn to before me 'a notary public on this Day of , 19_- 1P AD • G:IY °� NucOU�pP Signature of Notary Pub is Commission expires on - APPLICATION FOR.SriOI x T-X L PERMIT ' To Nke CITY COUNCIL..._._._.._.__ .__.___..___..._._._._._._ w__..__. ___._..__._..__.._.._. ........ ..... .._.._... of A* S1T Y-...._ ...... ..._.......... ..... __._._. of ._._HUICIiINSON.__.__..____._. ....In the county of ...........__..... k1C....L E R......_ .............. ...................._........., state of Minnesota: y/ n 1 � 1 ,msµ .. whose name and address .is ................_..._ _.........._......_.._.., �.._......... ..._..........__............... �P >v JrS?� hereby applies for a psrmLd lo ........ O PLOW AND underst owner � r : n ""'_.__...._._......._. _.�.._............_ ._._.. .........._..........._...... ._..__......_....._...... ............_.................. REMOVE • SNOW WITH �,� j,4 <C v...�_'.c..7n L =c c . Cie 4 %_ ................._.._. ........_...................... .. .... __ ...... __ ...... ............. ................_..... _........_........._..._.._.... _._ ,,; UPwn that certain traet of land desortbed as follows: Lot .................. plat .or addttion ................ : ............................................ _ ... ......................... .; address ... . ....................: Bloob. ..... _ ................................ ..... . I t ?lli whteh to of the foltowind it" and area; width.................... _ .......... ..... ............. fed; length THIN H CITY LIMITS ttred. ..... ......N .... T ...... 8 ................ ..... ................. .... ............ _ ....... ... ...................... _.......... feet; ......... _ ...... ..,.. ; and hereby a revs that, to ease such permit is granted, that all work which shalt be done and all materials whtoh shall be used shall comply with the plans and speolJtmHone therefor herewith submitted dnd with all the ordinanem of said........ CITY OF HUTCHINSON ........ .. . ............................ _ ........................ _ ....................................................... .... . . dppllcable thereto. .•IppUmnt farther adreft to pay left or asseesmente at the time and in the amounts speeifled as /otleiw: ....`..:.. �Q ...QQ........ ....... ........ _ .... . ............ ........... _.._.._.__....._...__..-.--- ............................. .................... ........... . ...... ............................................. ............ ..... .............. ....... ._. ... ... ....... e�Ik� ... ........ ._.._.._.. .ii�dry . �' Owner PAID • City cf Hutchinson /a - 7`1, iptate of Affine0otat -- Ci _ .. o f ... Hutchinson C ounty of .......... McLeod . ..... ........ . 4pplication No .. .. .....3.. . .. .. .................... Application for License to Sell Cigarettes at Retail The undersigned resident...... of the ............................ .....City..............._...... .. o f ... I ...... H.u.t..chins?.n. . ..... " ....... 1-- - In the county of. ......... . .. ... M!ZL.@.qd ... ..................... ..... .. .. Stale of Minnesota, HEREBY MAKE..... .4PPLIC.4- TIOX FOR LICENSE to be Issued to ............................... CROW ... RIVER. ... COUNTRY ... CLUB .............................. . .......... ..... .... ..... - to sell cigarettes and cigarette papers and wrappers at retail at .......... P.-O—.-Box., 9 . .............................. in the ......................... !41Y ...... .......... —,of .............. APS.C.M.u.9.4 ................. . ...... ia said county and state for the term of ...... I ....... I ... ona ... Y.eim ........................... beftnninj with the ..... Ist . .... .. I ... day of - - ... January . ......... -- ......... 19...9 6., subject to the lazvs of the State of Minnesota and the ordinances and regulations of said ... ................ . .................. gimty ........ of ............... .............. ..H.utchinson .... I ..... I ... .......... ....................... pertaininj thereto, and hereurith deposit $.5.Q,QQ .. .......... . . ... payment of the fed therefor. Dated ............ .. .......... .................... PAID x...... City of Hu,ChInSon • /0 —A , 6t of A innezota t . CitY - f Hutchinson o .............................. ....... ........................ ...... . McLeod ....................... I...................... lication No......_.., �, 3. .. ............................... County of .................. .... � . Application for License to Sell Cigarettes at Retail Cit Hutchinson The underaigrud resident...... of the_ ............ .................. ......... Y.............................. of.........................._.._......... . ............. .. ....... ......., in the count o f McLeod ....................... I State of Minnesota, HEREBY M11KE -.. . APPLIC.1- TIOX FOR LICENSE to be, issued to ... ........ ..... ..... HUTCH .... CAFE .......... to sell cigarettes and cigarette papers and wrappers at retail at ....... . X22, ... kiain .... S. t. x. a. a. x ... 5 ......... ............................... ...... __ ..._..,_ . ............. ........... .............................. - ........................................... _ .............. ...... ._. ..... .. ... . ......... . ................................................................... - .......... in the .. ..................... C. itY.................._... of.............. H. u. C. S. h1n. a .4R........_.............._..In said county and state for the term of ❑ ne... yeaz ....... I ....... .......... I begtnninj with the .....hs.t ....... ......... of._ ..... ....... .1.arwau— _... ............. .............. 19... 9 6., subject to the laws of the State of Minnesota and the ordinances and regulations of said . ........ . .......................... ... . C H u .._.... f tchinson. .......I .............pertatning thereto, and herewith deposit .. .. $ . 5. Q_. QQ. ... _.. .................... in payment of the fee therefor. Dated ,. ......... .... -.. ea ...................................... 19/... X .... .. � G :.... P4L e sca% ............................... PAID Cit cf hiusnirson • 16, _1} , OPEN -HOLD COUNCIL REPORT TUE, JAN 23, 1996, 10:58 AM page 1 i _____________________________________________________________________ _______________________________ 1980 TIDS 3 -D CNC - EXCAVATING WORK $3,103.00 THEIS & LONG LEGAL FEES- ROTARY PARK SUBDIV $120.75 < *> $3,223.75* is TICS MAXIMUM TECHNOLOGIES ENVIRONMENTAL CONSULTING $472.50 < *> $472.50* CAP.IMPRO.FUND CITY OF HUTCHINSON- GENERAL FUN STATE SURCHARGE $5.75 < *> $5.75* CENTRAL GARAGE ASPEN EQUIPMENT CO FLAG & MARKER KIT $194.19 BRANDON TIRE CO TIRES, MOUNTING $539.03 CARQUEST AUTO PARTS PARTS $1,166.21 CHAMPION AUTO MEMO PADS $17.00 CITY OF HUTCHINSON JAN MEDICAL $432.09 CROW RIVER AUTO REPAIR ABS SYSTEM $292.77 FORTIS BENEFITS JAN LTD $18.86 HARPEL BROS.INC MANIFOLD, BRASS PLUG $176.21 HOLT MOTORS INC WINTER B $83.81 HUTCHINSON WHOLESALE PARTS $385.81 J CRAFT SINGLE AXIS CONTROL $91.27 JERABEK MACHINE SERV ANGLE IRON $9.00 L & P SUPPLY CO WIPER MOTOR, FILTER ELEMENTS $251.44 MID CON SYSTEMS INC WEATHER REFLECTIONS $72.95 MN MUTUAL LIFE JAN LIFE $6.72 PLOWMANS REPAIR READ DOOR PNL- POLICE #8 $614.28 REINER LANDSCAPING RESTOCKING CHARGE 32.40 SCHMELING OIL CO OIL 27.69 SNAP ON TOOLS CORP D CLUTCH HLD 35.35 188.65 UNITED BLDG CENTERS PLYWOOD WIGEN CHEVROLET CO BODY WORK AND LABOR POLICE #6 $347.89 < *> $4,883.62* CITY HALL CONST. DSL CABINETS LLC REBUILD RECEPT CABINET $60.00 GENERAL OFFICE PRODUCTS CO WORK STATIONS $7,136.72 < *> $7,196.72* L0. DEV. LOAN CITIZENS BANK SOLITRA LOAN $1,572.94 KORNGIEBEL ARCHITECTURE ARCHITECTURAL FEE $2,500.00 SOUTHWEST MINNESOTA INITIATIVE SOLITRA LOAN $884.91 < *> $4,957.85* ENERGY LOAN FD COUNTY RECORDER FILING FEES $468.00 < *> $468.00* GENERAL FUND ALLEN OFFICE PROD CARD HOLDER, SUPPLIES $29.95 AM.WELDING SUPPLIES OXY, ACES $45.14 ASCAP 1996 LICENSE FEE $225.00 BECKER ARENA PRODUCTS WHT. HDPE $175.62 BENNETf OFFICE SUP. D RING BINDERS $456.53 BERNICKS PEPSI COLA JAN POP PURCHASE $20.17 BOELTER, GALE REIMB FOR FOOTWEAR $35.00 BONESTROO ROSENE ANDERLIK & AS SERVICES RENDERED $663.57 BRANDON TIRE CO WHEEL BARROW TIRE $18.80 BURNS MANOR REBATE ALLOCATION $213.00 BUS. RECORDS CORP. MAINT FEE - OPTECH IIIP SYSTEM $1,300.00 BUYTAERT, PATTY ICE SHOW COSTUMES $2,420.00 CARLSON TRACTOR & EQUIP SNOWBLOWER, LOADER, PLOW $23,073.23 CENTRAL GARAGE DEC REPAIRS $7,686.62 CENTURY LABS CREDIT LINER $509.55 CHAMBER OF COMMERCE 1996 MEMBERSHIP -DICK LENNES $80.00 CITY BUSINESS MAGAZINE RENEWAL $59.00 CITY OF HUTCHINSON COBRA - MATTSFIELD $29,761.03 COAST TO COAST ICE SCRAPER $3.82 COLORADO TIME SYSTEMS ROTORS $40.00 COQUI BALANCE OF COSTUMES $35.95 COUNTY RECORDER FILING FEES $175.50 CUL.LIGAN WATER COND SOLAR SALT $25.98 DEPT NATURAL RESOURCES DNR REG FEES $1,196.00 • //- A OPEN -HOLD COUNCIL REPORT TUE, JAN 23, 1996, 10:58 AM page 2 ---- ------------------------------- GENERAL FUND - --------------------------------------------------------------- DEPT OF LABOR & INDUSTRY LICENSE RENEWAL 10.00 DRAHOS, TROY BBALL TEAM REIMB 30.00 E -Z SHARP GRINDING WHEELS, DIAM. DRESSRS $244.19 EWERT JR., DICK SNOW HAULING $903.00 • FAMILY REXALL DRUG PACKAGE OF LEGAL PADS $12.65 FENSKE'S STUMP REMOVAL STUMP REMOVAL $437.61 FESTIVAL FOODS DEC CHARGES $214.11 FITZLOFF HARDWARE KEYS MADE $4.22 FOGG, MIKE HOURS WORKED -GAMES $108.00 FORTIS BENEFITS JAN LTD $1,424.68 GALLES, LORI REIMB WOMENS VBALL $40.00 GEMPLER'S INC BINDER W/ SECURITY CHAIN $77.05 GIESE, RICK HOURS WORKED -GAMES $90.00 HALI -BRITS INC TRANSFORMERS 415.27 HENSEN, MARK MEALS, PARKING, HOTEL 166.90 1400.00 HILLYARD FLOOR CARE / HUTCHINSON HANDLE, PLASTIC BAGS 128.53 HUTCH COMM HOSPITAL REBATE ALLOCATION HUTCH FIRE & SAFETY RECHARGE EXTINGUISHER $20.13 HUTCHINSON UTILITIES LMCIT PREM REBATE $58,660.41 IAFC 1996 MEMBERSHIP DUES $95.00 INK SPOTS PAPER $16.06 JEFF'S ELECTRIC CHECK RUNWAY LIGHT TRANSFORMER $52.00 JENSEN &, NEIL J. MONTHLY PAYMENT $230.00 JOES SPORT SHOP BUILDING ATTENDANT JACKETS $97.56 KALENBERG FARMS SNOW HAULING $325.50 KOHN, SUE MEALS, MILEAGE $21.14 LIQUOR HUTCH LMCIT PREMIUM REBATE $547.00 MARKA, JAMES MEALS, ROOM CHARGES $185.78 MARTENS, WARD GAS KEY RETURNED FOR AIRPORT $30.00 MCGARVEY COFFEE INC COFFEE $82.35 MCLEOD COUNTY FIRE CHIEFS 1996 DUES $150.00 MCPA 1996 MEMBERSHIP DUES 30.00 MN BODY & EQUIPMENT KEYS 24.11 NN CHIEFS POLICE ASN 1996 DUES $ 25.00 MN MAYORS ASSC 1996 MEMBERSHIP DUES $20.00 MN MUTUAL LIFE COBRA- LIFE - MANGEN $521.22 MN SPORTS FEDERATION VBALL TEAMS $246.00 MN STATE FIRE CHIEFS ASSC CHIEF & ASST CHEIF DUES- 1996 $115.00 MN STATE FIRE DEPT ASSC 1996 DUES $200.00 MN U C FUND 4TH QTR $2.18 NORTHERN SAFETY CO HAZARD SIGNS, & Haman MAT $95.06 OLSONS LOCKSMITH KEY FOR HATS BLDG $7.67 • PLOTZ, GARY D. BREAKROOM SUPPLIES $10.77 POLK & CO,R.L. ADVERTISING $424.00 RANNOW, DEB REIMB FOR CO -REC VBALL $50.00 RESPOND SYSTEMS CPR MASKS $104.50 RODEBERG, JOHN MEALS, HOTEL $204.36 RUNNING'S SUPPLY HANDLE, SNOW BRUSH $105.86 SCHMELING OIL CO FUEL OIL $411.58 SHOPKO CLEANER $12.77 SILVER CREEK SLED DOGS 1 ADD'L HOUR 1 -15 -96 $100.00 SITZ, HAZEL MILEAGE TO WORKSHOP $45.00 SORENSEN FARM SUPPLY STEEL BLADES SPECTRUM SECURITY INC BATTERY REPLACEMENT $ $31.74 77.40 SRF CONSULTING GROUP NGINEERING SERVICES RENDERED $6,423.16 STANDARD PRINTING BINDERS, REPORT COVERS $32.62 STAR GYMNASTICS SUPPLY FOLDING MATS $349.16 TRI CO WATER COND SALT $5.22 TWO WAY COMM INC SOLDERING $30.00 UNITED BLDG CENTERS SCREWS $7.99 US POSTAL SERVICE SENIOR NEWSLETTER POSTAGE $245.00 VIKING OFFICE PRODUCTS FAX PAPER, RECEIPT BOOK $96.95 VIKING SIGNS SIGNS $176.83 WAHL, ORVIS STEEL FORMED FOR SAFETY BOX 36.21 WAL -MART SHOVEL SCOOP & PUSHER 66.64 WOLF - FORDING & CO. BALANCE OF COSTUMES 33.95 XEROX 5355 DEC CHARGES $588.33 <*> $144,626.88* HAT -FAC. CONST. ALLIED MECH.SYSTEMS GAS PIPE INSTALLATION $262.00 DIVERSEY CORP RADI ACE VEHICLE CHEMICAL WASH $4,086.66 ELECTRO WATCHMAN INSTALL FIRE ALARM $400.00 GARFIELD LUMBER CO BAR JOIST $24,486.00 G ENERAL OFFICE PRODUCTS CO WORK STATIONS $12,875.82 GREAT PLAINS SUPPLY RS -TLN PASLODE $2,736.90 • OPEN -HOLD COUNCIL REPORT TUE, JAN 23, 1996, 10:58 AM page 3 ---------------------------------------------------------------------------------------------------- HAT-FAC. CONTT. MCLEOD COUNTY HIGHWAY DEPT. REIMB FOR 1995 COSTS $84,928.57 TWO WAY COMM INC MOVE ANTENNA TO HATS BLDG $281.35 CITY OF HUTCHINSON WAL -MART CABLE & OUTLET $12.49 FUN WATER /SEWER MUELLER & SONS CLASS 5 MATERIAL $2,386.31 • WM < *> DEC LIQUOR PURCHASE $132,456.10+ FESTIVAL FOODS HOUSING REDEV LES STROKLUND & MENARDS MATERIALS HUTCH TRANS FAC. ALLEN OFFICE PROD BOOK ENDS, TAPE, CLIPS ELECTRO WATCHMAN ANNUAL CHARGE FITZLOFF HARDWARE WASTE CANS HILLYARD FLOOR CARE / HUTCHINSON TOWELS, HAND CLEANER K MART CAN CRUSHER, CLRANER,TRASH BGS RUNNING'S SUPPLY COUPLER, ELBOW, SOLDER, SHOPKO CLEANING SUPPLIES WAL -MART SUGR PROT, EXT CORD, PHONE c +> INSURANCE FUNDS HUTCH COMM HOSPITAL MAMMOGRAMS LIQUOR STORE ARANGO CIGAR CO MOIST -N -AIRS, CUTTERS CHUCK'S REF REPAIR BEER COOLER CITY OF HUTCHINSON LOTTERY SALES CITY OF HUTCHINSON- GENERAL FUN WATER /SEWER CROW RIVER GLASS GLASS FRONT & DOORS -CIGAR CASE ED PHILLIPS & SONS CO. DEC LIQUOR PURCHASE FESTIVAL FOODS DEC CHARGES FORTIS BENEFITS JAN LTD GRIGGS COOPER & CO DEC LIQUOR PURCHASE JOHNSON BROTHERS LIQUOR CO. JAN WINE PURCHASE LENNEMAN BEVERAGE DIST. INC JAN BEER PURCHASE LEO'S TRANSFER FREIGHT CHARGES LOCHER BROS INC JAN BEER PURCHASE LUNDHOLM, LORI WINDOWS MN MUTUAL LIFE JAN LIFE PAUSTIS & SONS JAN WINE PURCHASE • PEART & ASSOCIATES CAMERA SECURITY SYSTEM QUALITY WINE & SPIRITS CO. JAN LIQUOR PURCHASE RESPOND SYSTEMS CPR MASKS STANDARD PRINTING TAPE CASSETTES TOTAL REGISTER SYS 1996 CONTRACT TRIPLE G DISTRIBUTING INC JAN BEER PURCHASE WAL -MART VIDEO CABINET & TAPES PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EE CONTRIB AMERICAN FAMILY INS CO. EE CONTRIB GREAT WEST LIFE INS. CO. EE CONTRIB H.R.L.A.P.R. EE CONTRIB ICMA RETIREMENT TRUST EE CONTRIB PERA LIFE INS CO. EE CONTRIB PERA- D.C.P. EE CONTRIB PRUDENTIAL EE CONTRIB PRUDENTIAL MUTUAL FUNDS EE CONTRIB PUBLIC EMPLOYEES EE CONTRIB TEMPLETON INC EE CONTRIB WADELL & REED EE CONTRIB WITHHOLDING TAX ACCT EE CONTRIB -FED TAX c +> PUBLIC SITES RURAL F. D. c *> • MCLEOD COOP POWER ELECTRIC HOOKUP FESTIVAL FOODS KODAK FUNSAVER MIDWEST FIRE EQUIP & REPAIR CO 3000 GAL TANKER REINER, CRAIG TRAVEL & MILEAGE $2,780.67 $2,780.67• $17.04 $377.01 $38.50 $113.48 $34.66 $ 90.35 9 214.83 984.11* $455.00 $455.00* $160.00 117.19 989.18 105.23 147.20 $10,5 $7.99 $35.68 $23,811.46 $18,119.37 $3,957.35 $646.35 $9,241.15 42.60 12.60 1 1,188.75 6,461.03 6,743.30 $7.95 $139.56 $1,125.00 $14,993.40 $65.31 $98,683.47* $690.00 $89.16 $100.00 $158.93 $2,133.45 $124.50 $52.02 155.00 318.46 $13,396.65 9 448.46 150.00 9 32,527.32 50,343.95* $800.00 $800.00* $7.85 $31,775.00 $127.00 $31,909.85* OPEN -HOLD COUNCIL REPORT TUE, JAN 23, 1996, 10:58 AM page 4 ---------------------------------------------------------------------------------------------------- WATER /SEWER FUND ALLIED SERVICES OF HUTCHINSON REPAIR HEATER $45.00 CENTRAL GARAGE DEC REPAIRS $215.95 CITY OF HUTCHINSON JAN MEDICAL $4,266.71 CROW CHEMICAL CO ICE MELTER PELLETS $153.47 D.P.C.IND.INC TON CYL DIXIE $96.00 DYNA SYSTEMS WASHERS, CLAMPS $106.83 ELECTRIC MOTOR CO UNIT HEATER $80.94 FEED RITE CONTROLS VALVE & CONNECTION $888.70 FORTIS BENEFITS JAN LTD $200.14 GOPHER STATE INC DEC CALLS $15.75 HACH COMPANY FILTERS, COTTON BALLS $49.60 HUTCHINSON UTILITIES ELECTRIC $658.23 HUTCHINSON- WILMAR TECH COLLEGE CLASS REG- RICHARD EBERT $71.00 JUUL CONTRACTING CO WATER FACILITY CHLORINATION $25,379.04 KOHN, SUE MEALS, MILEAGE $42.28 MCNELLY GROUP JANUARY COMPOSTING LEASE $5,325.00 MN MUTUAL LIFE JAN LIFE $70.35 MN SECTION CSWPCA REG -M GRAHAM, R DEVRIES,J LANZ $90.00 MN VALLEY TESTING LAB CYANIDE & COPPER TESTS $257.00 NALCO CHEMICAL CO. BAGS 9909 POLYMER $5,232.34 RESPOND SYSTEMS CPR MASKS $15.90 SANIFILL INC LOADS 1 -2 THRU 1 -6 $3,549.76 SCHRAMM IMPLEMENT RENTAL EQUIPMENT $743.37 SERCO LABORATORIES AMMONIA TESTS $72.00 STANDARD PRINTING 2 CALENDARS USA BLUE BOOK CHERNE GRIPPER 4 END STYLE $ $10.56 41.18 WATERPRO WATER METERS $8,147.25 WELCOME NEIGHBOR DEC LIST $60.00 c *> $55,884.35* $540,132.57* i TRANSFER PAYROLL FUND MN DEPT OF REVENUE WITHHOLD TAX 6,268.87 11 IMMEDIATE PAY COUNCIL REPORT TUE, JAN 23, 1996, 10:58 AM page 1 ---------------------------------------------------------------------------------------------------- CENTRAL GARAGE HENNEPIN TECHNICAL COLLEGE REG- KENNETH WICHTERMAN $80.00 < *> $80.00* RAL FUND DEPT NATURAL RESOURCES DNR FEES $604.00 MINNCOMM PAGING PAGER AGREEMENT $27.16 MN DEPT OF REVENUE CLOTHING & PERS.EQUIP -SALES TX $946.26 SCHUETTE, SCOTT TRAVEL, LODGING, MEALS $380.00 < *> $1,959.42* HOUSING REDEV RICHARD KOSEK & BERG -WAY CONST CONSTRUCTION & WINDOWS $3,955.00 < *> $3,955.00* LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $155.00 CITY OF HUTCHINSON - GENERAL FUN PAYROLL 1/5/96 $6,362.71 MN DEPT OF REVENUE SALES TAX $319.15 < *> $6,836.86* WATER /SEWER FUND MN DEPT OF REVENUE SOLID WASTE TAX $4,879.74 < *> $4,879.74* $17,711.02* 1 �J u 0 Y i CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT I l l HASSAN STREET S.E., HUTCHINSON, MN 55350 PHONE: 612.234 -4216 FAX: 612 - 234 -4240 MEMORANDUM DATE: January 11, 1996 TO: Gary Plotz, City Administrator FROM: Jim Marka, Director of Planning/Zoning/Building Permitting for Hutchinson Iron and Metal • I finally connected with Mr. Mark Jacobs (1- 507 - 537 -7132) with MPCA to confirm that NQ MPCA or special storm water permitting is required. If you have any questions or need additional information do not hesitate to contact me. JGM/mms ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP 0 0 J DAVID S. 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 TALSO ADMITTED IN Tex A3 AND NCw 101.1 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 16121587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON January 10, 1996 Re: Free Delivery of Alcohol (Bavarian Haus) Our File No. 3188 -87001 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5061 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 1612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389 -5506 You recently asked this office for an opinion regarding a practice that the Bavarian Haus restaurant in Hutchinson either has instituted or would like to institute. The request has come to the City from the Bavarian Haus to serve an alcoholic beverage as part of the meal which is apparently a Germanic tradition. There would be no charge for the alcohol in question and the impression that I have formed is that the amount of alcohol under discussion is of shot glass size. There is no prohibition in the City Code regarding this activity. I not only reviewed the liquor statutes of the State of Minnesota but also discussed the matter with Al Erickson of the Division of Liquor Control and the conclusion that we both reached was that the service of such alcohol, under the circumstances outlined below, is not a violation of any State law or regulation and thus the Bavarian Haus may serve the alcohol in question. This opinion is based on the assumption that the Bavarian Haus is licensed to sell the liquor in question such that they are now simply giving away that which they could previously charge for and is also expressly limited by the other restrictions that are placed on alcohol consumption in the State of Minnesota. Specifically, the Bavarian Haus must not serve the alcohol in question to persons under the legal age for the consumption of alcoholic beverages in the State of Minnesota and, among other things, must not serve obviously intoxicated persons. Additionally, the Division of Liquor Control takes the position that if there is any advertising ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 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 Mr. Gary D. Plotz January 10, 1996 Page 2 that the liquor is served "free" such advertising is misleading in that the purchase of a meal is required. Obviously, this becomes an issue only to the extent that advertising is contemplated and absent such advertising, no such problem is created. Thank you for the opportunity to review this fascinating legal question. If you have any additional inquiries along these lines, please do not hesitate to contact me. Although this opinion is directed solely to the City of Hutchinson which has retained this office for the purpose of dealing with legal issues involving the City of Hutchinson, since the request came from Mr. Lamprecht, I am taking the liberty of providing him with a copy of the opinion. Best personal regards. Very t ARNOLD, ERSQ DOVE, P.L.L.P. G. Ba Anderson GBA:lm CC Bavarian Haus, Attention: Mr. Lamprecht 0 9 0 FOR v0! �R INFORMATION HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCH I NSON, MINNESOTA 55350 MEMORANDUM January 11, 1996 FROM: Brad Emans. Fire Chief SUBJECT: OFFICER RESIGNATION • Assistant Chief Randy Redman has resigned from his position effective January 15, 1996. The Fire Department will vote to fill that position on Monday, January 15, 1996. After that meeting, I will inform you as to the person replacing Randy as assistant chief. IL:1: 0 HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON. MINNESOTA 55350 MEMORANDUM 0 January 19, 1996 To: Mayor and City Council and Gary Plotz, City Administrator From: Brad Emans, Fire Chief Subject: ELECTION OF NEW OFFICERS On January 15, 1996, the Hutchinson Fire Department elected the following officers: 2nd Assistant Chief Dan Steele Rural Captain Brian Koelln City Lt. Bob Hagen Note: Randy Redman will now be placed as firefighter. 1 F O R YOUR WORNiA 1010 Administrative Office John M. Street S Director PLUBURY oneefland 0 Fifth Street SW o. Box 327 SYSTEM Willmar, Minnesota 56201 -0327 Phone: (612) 235 -6106 Fax: (612) 235 -3169 wilmarpl@fergus.cfa.org PIONEERLAND LIBRARY SYSTEM BOARD November 16, 1995 President Alsop called meeting to order. Canfield /Sneer moved approval of minutes of September 21, 1995. Motion carried. Finance Committee report was given by Rudningen. Rudningen /Sanders moved approval of September and October 1995 financial reports. Rudningen /Canfield moved approval of revised 1995 budget. Motion carried. Rudningen /Sanders moved approval of contract with GRC for two years to produce CD ROM catalog. Motion carried. Nelson /Brunner moved that library classification for new pay range be determined by using only city and county funds that are part of the PLS local library budget. Motion carried. Board approved having lawyer draft agreement amendments in addition to completing legal review of personnel issues, with cost not to exceed $2,500 budgeted for 1995. Personnel Committee report was given by Schoener. Legal review of Personnel documents was discussed. Brunner /Canfield moved approval of revised 1996 pay range. Motion carried. Brunner /Schweiss moved approval of administration /service center job descriptions. Motion carried. Brunner /Canfield moved approval of 1996 administration /service center wages. Motion carried. Policy Committee report was given by Alsop. Alsop /Canfield moved approval of concept of agreement amendments. Lawyer will draft formal amendments to be presented to board for approval in 1996. Motion carried. Matson presented draft of 1996 Librarians of Color grant. Canfield /Brunner moved approval of grant application. Motion carried. Houlahan presented director's report. His report included update on automation project and future planning for automation. PLS Board has been invited to visit Prairie Correctional Facility in Appleton. If there is sufficient interest, a board meeting will be scheduled following the tour in the spring. Next meeting Thursday, January 18, 1996, 7:30 p.m., Kandiyohi County Health and Human Services Building, Willmar. Dorothy Tebben Secretary HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, November 6, 1996 The meeting opened at 7:30 P.M. The minutes were read and approved. COMMITTEE'S Nominating - Dick Kuttner reported on the elections for Chief and Captains for the December meeting. Nominations will be accepted from the floor. Fire Prevention - Casey Stotts talked about the community awareness day at the Mall. Please sign up if Interested. Chief Brad Emans awarded Fire Prevention appreciation certificates. BILLS GD RUNS 10-2 1052 Bluff St. N. 10-21 Rescue - Mutual Aid Brownton 10-2 Alarm - Hutch Tech College 10-22 HTI - Alarm 10-4 Medical - 22365 CR #7 10-23 HazMat - Farmers Elevator 105 Medical - 13900 Tagus 10-29. Medical - 16532 200th Hutch Twp. 10-6 Sam - 19589 120th Collins Tvrp. 10-29 Car - Kalenberg 10-7 Prince of Peace 10-29 Medical 10-7 Car - Thompson 10-29 HTI - Alarm 10-7 HTI - Sprinkler 10-30 Alarm - Evergreen Apts. 10-7 HTI - Alarm 10-2 SCBA's 10-11 Farm Mach. - Dostal Hutch Twp. 10-2 Drill & Meeting 10-17 -- Grass - Knutson Lynn Twp. 10-9 Drill 10-19 Alarm - Plaza 15 10-16 Drill 10-20 1052 Hwy 7 & School Rd. MMS to approve the runs as read. Motion passed. NEWBUSINESS � E PR.aF- Gary Forcier made the motion, seconded by Jim Popp to have the Christmas Party except for the apperatus floor. Motion Passed. Asst Chief Randy Redman talked about the Essentials of Firefighting class starting in January. Chief Brad Emans stated that the Kids Christmas party is scheduled for December 17th, the Sunday following the adult party. Chief Brad Emans reported that Casey Stotts will be taking over the emergancy planning for the City of Hutch including the Fire Dept. and the Police. Casey Stotts talked about the dry voter supply on Goose Lake In Meeker Co Chief Brad Emans and Casey Stotts reported on the Chiefs Conference. The meeting adjourned at 8:15 p.m. 0 Respectfully submitted by, Jim Brodd Secretary HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, November 2o, 1995 The meeting opened at 9:15 p.m. Jim Popp talked about accountability Inside and Men leaving buildings. There was general discussion on how to go to the next step on PAR. We will Investigate a large incident board for accountability. Jim Brodd, Safety Officer will report back at next months officer meeting : . Tom Pessek stated that he will take 2336 out to get the electrical problem fixed tM9 wleelf, >' Duane Hoeschen statedthiat Incident Command training will be scheduled for sometime in February 1996 with a Triage class sometime after that. The annual training session meeting will scheduled for sometime in December. Gary Forcler asked that everyone use the new garbage can In 2335 for waste and medical items. Please keep the Inside of the tricks dean. Jim Brodd, Safety Officer stated that everyone should slow down when responding to the fire station. There have been some oomplaims by the police and general public. When driving 2335 to fires, the speed limit In town will be 35 MPH. The penalty for exceeding this limit will be no driving of fire department vehicles. The Safety Officer will monitor this rule. Dart Steele talked about the new 2338 payment plan. Gary Henke has worked out what each township will be billed. Dan Steele was asked to verify what we had ordered when the trick Is delivered. Tom Pessek will take pump out of 2338 when appropriate. Meeting adjourned at 9:45 PM. Respectfully submitted by, Jim Brodd Secretary 0 A 0 HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, December 4, 1995 The meeting opened at 8:15 P.M. The minutes were read and approved. COMMITTEE'S Nominating - Dick Kuttner announced the candidates for Chief, Ladder, City, Rural, and Rescue Captains. The elect then proceeded with the following results. `Flre Chief= Brad Motion made and seconded to cast a unanimous ballot for Brad Emans for Chief. Motion carried. Ladder Captain - Gary Forder Motion made and seconded to cast a unanimous ballot for Gary Forcer for Ladder Captain. Motion carried. City Captain - Jim Popp Motion made and seconded to cast a unanimous ballot for Jim Popp for City Captain. Motion carried. Rural Captain - Dan Steele Motion made and seconded to cast a unanimous ballot for Dart Steele for Rural Captain. Motion canted. Rescue Captain - Duane Hoeschen, Jeff Nies Motion made and seconded to stop the nominations. Motion carried. Ballots were cast and Jeff Nles was elected as Rescue Captain. Rescue Lieutenant for a 1 year term - Duane Hoeschen Motion made and seconded to cast a unanimous ballot for Duane Hoeschen for Rescue Lieutenant. Motion canted. Motion made and seconded to destroy the ballots. Motion canted Uniforms - Rob Carlson stated that there Is a signup sheet in the control room for FD jackets. There are three styles to choose from. The order will go in after the January meeting. Fire Prevention - Casey Stotts thanked Duane Hoeschen and Russ Duenow for helping out at the Community Awareness Day at the Mall. Everyone should get involved with Fire Prevention. Chief Brad Emans then handed out Fire Prevention Certificates of Appreciation. Christmas Parties - Jamie Emans stated that the adult party will be Friday 12/15, starting at 7:OOPM. Please bring a dish to pass. Chief Brad Emans stated that the children's party put on by the Captains will be Sunday 12/17 at 1:00 PM. Signup In the control room. Membership - Chairman Tom Glaeser announced that Tim Huires, Mark Magoon, Tom Malchow, Westin Scott, and Pat Stroh are on active status as of 12/4/95 after completing their one year probatcr period. Dance - The Fire Department annual dance will be April 27 at the Fairgrounds multi - purpose building with The Shaw Band playing. BILLS City, Fire Marshall and Rural Account $3,377.97 General Account Hutch Fire & Safety $545.98 Sunset Printing $1,085.00 Hutch Fire & Safely $72.95 Surplus Operations $105.00 Bob Hagen $5.18 Image Watches, Inc. $180.00 Syndisler . $809.00 Lake Country Chapter $125.00 Gene's Towing $53.25" Subway $42.83 Hutch Mall $10.00 Gary Henke $300•00 Festival Foods $8.39 Casey Stotts $528.00 Cashwlse $53.51 $3,902.07 Total RUNS 11 1 Far1a06�A11IQ 11 -18 Grefa Const. - Hasaer YPOY. . �.f 11-2 5 j *,tr'If (1(OrI FLa158 Af�i9 _ �i' .. r s 1 t,2 11-3 Car Fire - Ellsworth Twsp. 11 -22 America Inn 11-4 Reiner Landscaping 11 -22 Forcier Rescue - Acoma Twap. 11-4 Hutch Skydtve - Rescue 11.8 Drill & Meeting 11-8 Medical 11 -13 SCBA's 11-8 Bonderson - Hessen Valley Twep. 11 -13 Drill 11 -10 Welt Clay 11 -20 Drill MMS to approve the bills and runs as read. Motion passed. NEW BUSINESS Brent Reiner talked about fbdng up the Dry Suits used for cold water diving. Brent also stated that a diver class could be setup for $135.00 per student at the pod. Chief Emans stated that the policy will be that the department will pay for the training if the people Involved wAll sigrwp for the Fire Department recovery team. Asst. Chief Randy Redman stated that the arvxial planning meeting will be In early January. Chief Brad Emans asked if anyone would like to be on a specific committee for 1998, please contact him. Brad also stated that the Reserve members should attend the essentials of firefighter training starting In January 1998, see Asst. Chief Redman for details. The meeting adjourned at 8:50 p.m. Respectfully submitted by, Jim Brodd Secretary 0 A r L HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, December 11, 1985 The meeting opened at 8:30 p m Jim Popp stated that all firefighters should make sure that they are dressed properly for alarms. Make sure you take gear along when going to medicals. Tom Pessek stated that 2338 Is fixed. Chief Brad Emens asked that a committee be formed to kook at repairing 2334• Den 44Ie; .. Dick Kunw, and Tom Pessek volunteered: Gary Henke asked that no one should be removing things out of the officers desk drawers WOW permission. Duarte Hoeschen staled that the MIMS training will be the last 2 Mondays in February and the first Monday In March 1988. Duane Hoeschen also stated that the Shaw Band has been booked for the FD dance. Chief Brad Emam staled BW the Police Dept. will be storing their van In the fire station during the renovating of their garage. Jim Popp talked about a command communications vehicle. Jim Popp and Casey Stotts are on a committee with the PD that has discussed different options and equipment. Meeting adjourned at 9:10 PM. Respectfully submitted by, Steve Schremn Acting Secretary Vfil ARNOLD, ANDERSON & DOVE PROFESSICNA� _IMITEO L'AS) -ITY PARTNERSHIP • CAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K, FRETLAND DAVID A. BRUEGGEMANN PAUL D.COVE RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD '4 AOMm[o IK TE Aw0 .9. YORK Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON January 11, 1996 Re: Open Meeting Law Issues Our File No. 3188 -87001 OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG ARTHUR L. DOTEN 5801 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545.9000 FAX (6121 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 4612) 3692214 FAX (6121 309 -55OB Dear Gary: I am writing to you today as a follow up to my prior correspondence regarding general open meeting law issues. A copy of my prior correspondence is enclosed with this correspondence for your ease of reference. I was asked to address the specific question regarding whether or not, in calling a meeting of the Council, a time designation of "following the regularly scheduled City Council meeting" is acceptable. 0 Specifically, the City Council held a workshop following the January 9, 1996 City Council meeting. Significantly, Council member Peterson moved to hold the workshop following the January 9, 1996 meeting and that motion was appropriately seconded and, according to the minutes of the City Council meeting for December 26, 1995, unanimously approved by all in attendance. Minn. Stat. §471.705 requires only that written notice be posted of the "date, time, place and purpose of the meeting" and does not prohibit the scheduling of meetings with less than a time certain. Similarly, City Code Section 2.03, which sets out the requirements regarding special meetings, requires a notice of the time, place and purpose of the meeting. Again, there is M requirement that a specific time certain be established. 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 ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (6 587 -7575 FAX 1 612) 587.4096 I' Mr. Gary D. Plotz January 11, 1996 Page 2 Had the legislature intended to prohibit a city council or other public body from calling a meeting conditioned upon the conclusion of some other meeting, it could have done so. The fact that it did not, in my view, solidifies the opinion that such a notice of a meeting is both appropriate and proper. It is also worth noting that the regular City Council meeting could simply have been adjourned to reconvene some minutes later and thus eliminate the whole notice issue. Having given the opinion that in this particular circumstance no violation of the open meeting law occurred, I must nonetheless indicate that caution with regard to the scheduling of such meetings ought to be the watch word. While notice of a special meeting of the City Council immediately following the regularly scheduled meeting would certainly be appropriate, as I have opined, a rule of reason must be applied. A notice that states that the special meeting will occur after the regularly scheduled City Council meeting but allows the chair to name the time would be defective. The purpose for the notice provisions is to allow all concerned with an issue the opportunity to attend if they wish. An open ended grant of authority to set the time of the meeting, under most circumstances, would probably be viewed as a violation of the statute. I hope this correspondence is helpful to you in analyzing questions concerning the open meeting law. Best personal regards. Very tru ARNOLD, G. Barry GBA:lm P. • ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIAOILITY PARTNERSMIP • 4 TTORNEYS AT LAW DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND CAVID A. BRUEGGEMANN PAUL D. DOVE RICHARD G. McGEE CATHRYN O. REHER GINA M. BRANDT BRETT D. ARNOLD 'ALTO "W"ED 1H TC>,/.f AMP M M 1011 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX(612)587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON December 27, 1995 OF COUNSEL RAYMOND C. LALLIER _ANE VAN VALKE.NBORG ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, M I NNESOTA 55416 IS 12) 545.9000 FAX (612) 545.1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 1612) 369.2214 FAX(612)389 -5506 Mr. Gary Plotz Hutchinson City Center 111 Hassan St SE Hutchinson, MN 55350 Re: Meeting Requirements Our File No. 3188 -87001 Dear Gary: At the request of council member John Mlinar, I have prepared this correspondence which acts as a summary of the relevant statutory, charter and ordinance provisions governing procedures for calling meetings of the Hutchinson City Council. The starting point for any examination is section 3.01 of the Hutchinson City Charter which provides, in relevant part: (T)he Council shall meet at such time each month as may be prescribed by ordinance and resolution. The Mayor or any three members of the Council may call special meetings of the Council upon at least twelve hours notice to each member of the Council and such reasonable public notice as may be prescribed by Council ruling in compliance with the laws of Minnesota. While at first glance it would appear that a special meeting of the council can be called on twelve hours notice, the charter specifically references the "reasonable public notice as may be prescribed by Council rule" and for this analysis consideration must be given to the City's Ordinance provisions. Hutchinson City Ordinance Sec. 2.03, dealing with the topic of special meetings, sets out the procedure: Special meetings of the Council may be called by the Mayor or by any three other members of the Council by writing filed . with the City Administrator stating the time, place and purpose of the meeting. Notice of a special meeting shall be given by the City Administrator to each member of the Council by mailing a copy of such filing to all members who did not sign or issue tha cat �o$1F�TeQ3so�ATI�#le time CERTIFIED AS A CIVIL RIAL CI IS ** CERTIFIED AS A REAL PROPER" LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary Plotz December, 27, 1995 . Page 2 stated therein, or by personal service at least seventy -two hours prior to the projected time of meeting. Special meetings may be held without prior written notice to the Council when all Council members are present at the meeting or consent thereto in writing. A couple of comments are in order about this Ordinance provision. First, although the reference within the Ordinance language is to a four day notice, as long as the notice is delivered personally, three days notice is satisfactory. Additionally, the Ordinance specifically exempts meetings which are adjourned from time to time from these notice requirements and also provides an emergency exception. For example, if a regular and properly called meeting does not conclude, it may simply be adjourned by the council by way of a proper motion, to a specific date and time and no additional notice will be required. In general, the Minnesota Open Meeting Law, found at Minn Stat Sec. 471.705, also has a three day notice requirement for special meetings and also contains an exception for emergency meetings. The Statute does require that the notice of the special meeting include the date, time, place and purpose of the meeting and it • also requires the notice to be posted on the door of the usual meeting room and to be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the public body. I presume that the two local radio stations, the newspaper and cable access all receive notice of special meetings. So that the Council's file with respect to this matter is complete, I am providing you with a copy of page four of our existing City Charter, page five of the Hutchinson City Code Book that contains the special meeting language and a copy of Minn Stat Sec. 471.705 as these are the source materials for the opinion referred to above. Please note that we have not yet updated the City Code, a task we generally undertake at the end of the year, and the code thus still refers to 7:30 P.M. meeting times. The City Council has, however, properly changed the meeting time to 5:30 by ordinance. I hope this correspondence is helpful. Please do not hesitate to contact me should you have any questions regarding the foregoing. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:ak Enclosures • 0 0 DAVID S. 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 9RETT D. ARNOLD •Lao.DMITTEO I.. 11).2 .MP ." 1..14 Mr. John Mlinar 704 Hilltop Drive Hutchinson, Mn. ARNOLD, ANDERSON & DOVE PRC.ESSIONAL LIMITED L —eIOTY P. qi N[F$FIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 553SO-2563 161 21 58 7 -7 57 5 FAX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON January 10, 1996 Re: Open Meeting Issues Our File No. 3188 -95311 Dear John: OF COUNSEL RAYMC \D C. LALLIER JANE VAN VALKENSURG ARTHL;R L. DOTEN 5861 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 1 6 1 21545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121 389-2214 FAX 16121 389.5508 So that your files are complete, I am enclosing and returning to you the documents that you left with me. I have made a copy for my file. Additionally, although it should be in the council packet, I am enclosing and sending to you a copy of the opinion letter that I wrote to Gary Plotz based on our conversation of a couple of weeks ago. Thank you for taking the time to visit with me. Best regards. Very truly, yeurs,l n ARNOLD, G. Bar nTer GBA:1 Enclosure CC Gary Plotz , P. L.L.P. 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 FOR YOUR R4FORAATi)N pall -I.vp CITY OF HUTCHINSON JP J ! l y -CITY SERVICES- SNOW AND ICE REMOVAL FROM SIDEWALKS DATE 1988: updated 1995 SOURCE ADMINISTRATION NO. 2.39 All snow, ice. dirt and rubbish remaining on a public sidewalk more than 24 hours after its deposit thereon, is declared to be a public nuisance. The owner or occupant of any property adjacent to a public sidewalk shall use due diligence to keep such walk safe for pedestrians. No such owner or occupant shall allow snow, ice, dirt or rubbish to remain on the sidewalk longer than 24 hours after its deposit thereon. Beginning 24 hours after any such matter has been deposited thereon, or after the snow has ceased to fall, the supervisor of maintenance operations shall authorize the city crew to remove the snow, after a minimum of 12 hours notice has been given that the property is in violation of city ordinance. • The owner of property on which or adjacent to which snow, ice, dirt or rubbish has been removed by the City of Hutchinson shall be personally liable to the City of Hutchinson for cost of said removal. The city administrator, upon receipt of information from the supervisor of maintenance operations shall authorize preparation of a bill payable to the City of Hutchinson. On or before October 1st of each year the city administrator shall list the total unpaid charges for each removal against each separate lot or parcel to which they are attributable under this ordinance, and the administrator shall certify said charges to the county auditor for collection the following year along with current real estate taxes. When a property owner is delinquent in removing snow, and city crews are required to perform this task, the following fee and administrative costs may apply, Minimum charge for sidewalk snow /ice removal from property with sidewalk on one side - $35 plus $25 administrative fee, for a total of $60. Property with sidewalk on two sides - $70 plus $25 administrative fee for a total of $95. 0 pa13.4,wp CITY OF HUTCHINSON • �J! 1 r; Y -CITY SERVICES- SNOW REMOVAL - GENERAL & PRIVATE DATE 1888• undated 1985 SOURCE ADMINISTRATION NO. 2.4 GENERAL After a significant snowfall (usually in excess of 3'), the city will generally utilize the following snow removal policy, a. Sidewalk clearing in the Downtown area will begin first (usually approximately midnight). The sidewalk crew will clear other areas of town when this work is completed. b. Downtown street snow removal will begin next (usually approximately 2 a.m). This will include the area adjacent to Park Elementary School. C. Downtown alleys and parking lots will commence next. d. City emergency routes will commence next. They include the following, Oakland Avenue Freemont Avenue Century avenue Second Ave SW 6 SE Michigan Street Fifth Ave MM A ME Lynn Road Roberts Road Fifth Ave SW i SE School Road Shady Ridge Road South Grade Road . e. Preliminary Airport snow removal will be done after the emergency routes. Final cleaning of the Airport will usually be completed by mid- morning. f. All other City routes will be plowed after the above is completed. Each Plow operator has an area of town, which will be completed in a logical manner to reduce redundant movements. The City will limit its use of sand and salt to reduce environmental concerns and salt damage to vehicles. The City will sand and salt major intersections, hills and other locations as deemed necessary. PR IVATE The City street department will not remove any snow from private property, except as noted in City Policy titled 'Snow and Ice Rewoval from Sidewalks'. The city snow removal ordinance also states that no srow, leaves, clippings, debris, etc., be deposited on city streets. This ordinance clearly states that the city will not allow snow to be plowed onto the windrows which the city will continue to haul away. violation of this ordinance will be closely monitored and violators may be subject to a fine. The City of Hutchinson has a snow disposal area located on city property north of the armory on TH 22 which may be used at no charge to dump private snow. We ask close cooperation be maintained with the city so that snow is dumped in an orderly fashion. (City Council action 1- 12 -82) • M= SIX IMM - MTIR As a general rule, after a heavy snowfall 13 iocbes or tore the city rill call Oat the sidewalk tree rhicb cocsuts of one plow tract, one soorblwer, and one rotary brunt at 12:00 t:dmght and clean the sidenits is tie doatae baiae" Itstriee There no boulevard exists. At 2:00 a,s, the city activates 2 gndere and 2 froat -end loaders to begin wort in the heavily traveled area of the dwstma lniea & trict cad eleataq mckool. The snow is this area is wtmdrered and eventually pitted cep by the city's soar blower ud tracks. Tie frost end loaders clew the da stsa alleys asd city oned part* lots, pushing this snow into the riwrows is the widdle of the street. The city's priority as pitting sp that viodras by ranking follows: Third ire. SB, Mis Street, lighny 47 But and fat, Bluff Street, Whisgtoo Ire., grove Street lheceae of the sckoal bases), Second Irate, First ire., trio" Street and Maas Street. The balance of the buisas district is then toapleted. Is wlitiet to tke grader aw laden At 200 a.a. tit city also actinta the three unplwiq crocks, shich will coswee clurig tie asrrgsey limit a follms Catlaad ire., Frumt lie, Catary ive., Secod Ire, lickiga Streit, Fitth Ile., GFu Bond, Wberth low, Stool lead, MW lidle load, 3""th lit., Sath grade Baal. By baring theca streets cleaned early IM raideb liwiq on feeder struts have seem to a umr thorwghfars. Ilso at 201 t.a. the city's 314 too tract witk ploy begins clae* all city allgl tO enable the usitatice track to use freely 00 garbage pick-sop. generally this tad is cassplettd amuck 4,10 a.a. Tie city's ualiq try egtipped witk a plow will also be dispatched at 2111 a.a. to assist wick cleariaq fifth In. R, WAWSlrti In. 11, TL Street R, Koss Strut, Tatar Street aw glen Street. Sul* of the hills will he cotpleted at till tie. k 4,11 a.a. tkis nit will begin clewing the afrpwt runny ad tuiny, entrance row, partial lot aw area in frast of departare teraina.1 to allow for partiy of iacniq aircraft. This unit will then return to the city sad begin sanding istersectiou as needed. Fiat cleaning of tie airport will begin at 6100 1.1. sod Fill be cospleted at 9,30 a.a. • the city is divided into districts so that each plow Operator is faailiar with certtio harards sad road caditiou in his "signed area. biter the eurgeacy roads are plowed, one plot trick equipped with a wiq will begin plowing the north side of the city, one plow tract will begin piw* at the tint arena area, ate plow track nli befit plowing at ukesood hive, Xe Trader will begta tort at the lorleosem Addition, and cane Trader will begil in Cliftaa leiThts, with all egalpunt Working towards the cater of tan. Me 314 too plow truck does Belawue, Florida, IWO ad Gager Streets It 4:00 a.a. the city's frost -ad lower MOW with a snowblower sad four not hatliag tracts begin racrinq wow is tie dmtm business district or those streets when the scow ku been windrowed. These prxedues will begin at third Ire., ad then in the folloriq order: Min Street, Ilsff Street, lighnT 17 Mat and lest, Tasiinitoo lye., grove Street ad Second Are., "d the balance of the buieess district is the cospleted. The partig lots are cland by a frott-ead loader emenciq at 2,00 i.e. ad caspleted by 1,N a.a., with the saw being puked into tke stmt ad pictw rap by tin dq tracks. Sae 104 taro are" deliluted for onraight pwtiq. flue area will be cloud the following might, and those vehicles tkat sonally put io the overnight ara Fill be allowed to put in the cleaned area for owe aight only. In the event of a heavy stwfall or is the can of a sechanial breakdon of city trucks, priva a uperaars haalen at an call to belp as needed. Barns Tamar and the Iospital are plowed by trichOO 4 Tesplin CastnctiOc COWT 00 an hourly contract rate SUB - ANALYSIS FOR YOUR INFORMATION 0 Title Page CHAPTER 7 STREETS AND SIDEWALKS GENERALLY 151 (THIS CHAPTER CONTAINS PROVISI DEFINITIONS, APPLICATION AND SCOPE CHAPTERS 8 AND 9 AS WELL AS THIS Section 7.01 Definitions. . . . . . . . . 7.02 Application. . . . 7.03 Scope and Orders of Officers )NS AS TO RELATING TO CHAPTER) . . . . . . . 151 . . . . . . . 151 . . . . . . . 151 7.04 Traffic and Parking Control. . . . . . . . 151 7.05 Ice and Snow on Public Sidewalks 152 7.06 Construction and Reconstruction of Roadway Surfacing, Sidewalk, Curb and Gutter . . . . . . . . . . . . . . . . . . 153 7.07 Obstructions in Streets. . . . . . . . . . 154 7.08 Streets Openings or Excavations. . . . . . 155 7.09 Parades . . . . . . . . . . . . . . . . . . 157 7.10 Curb Set -Back . . . . . . . . . . . . . . . 158 7.11 Load Limits. . . . . . . . . . . . . . 158 7.12 Limiting Time of Railway - Street Crossing Obstruction. . 159 7.13 Requirement of Sewer and Water Main Service Lateral Installation . . . . . . . 159 7.14 Private Use of Public Streets and Parking Lots . . . . . . . . . . . . . . . 159 7.15 Curb and Gutter, Street and Sidewalk Painting or Coloring . . . . . . . . . . . 160 7.16 -7.29 Reserved 7.30 Bicycle Regulation . . . . . . 161 7.31 Sidewalk Maintenance and Repair. . . . . . 161 7.32 -7.98 Reserved 7.99 Violation a Misdemeanor or Petty Misdemeanor . . . . . . . . . . . . . . . . 163 0 (7 -1 -89) CHAPTER 7 STREETS AND SIDEWALKS GENERALLY (THIS CHAPTER CONTAINS PROVISIONS AS TO DEFINITIONS, APPLICATION AND SCOPE RELATING TO CHAPTERS 8 AND 9 AS WELL AS THIS CHAPTER) SECTION 7.01. DEFINITIONS. Except as otherwise defined in the City Code, or where the context clearly indictes a contrary intent, the words and terms defined in Minnesota Statutes, Chapter 169, shall be applicable to City Code, Chapters 7, 8 and 9. SEC. 7.02. APPLICATION. The provisions of City Code, Chapters 7, 8 and 9, are applicable to the drivers of all vehicles and animals upon streets, including, but not limited to, those owned or operated by the United States, the State of Minnesota, or any county, town, city, district, or other political subdivision. SEC. 7.03. SCOPE AND ORDERS OF OFFICERS. Subd. 1. Scope. The provisions of Chapters 7, 8 and 9 relate exclusively to the streets and alleys in the City, and the operation and parking of vehicles refer exclusively to the operation and parking of vehicles upon such streets and alleys. Subd. 2. Orders of an Officer. It is a misdemeanor for any person to willfully fail or refuse to comply with any lawful order or direction of any police or peace officer invested by law with authority to direct, control or regulate traffic. SEC. 7.04. TRAFFIC AND PARKING CONTROL. Subd. 1. Council Action. No device, sign or signal shall be erected or maintained for traffic or parking control unless the Council shall first have approved and directed the same, except as otherwise provided in this Section; provided, that when traffic and parking control is marked or sign - posted, such marking or sign - posting shall attest to Council action thereon. Subd. 2. Temporary Restrictions. The City, acting through the Chief of Police, may temporarily restrict traffic or parking for any private, public or experimental purpose. It is the duty of the Chief of Police to so restrict traffic or parking when a hazardous condition arises or is observed. Subd. 3. Traffic Restrictions and Prohibitions. It is a misdemeanor for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street, or contrary to sign - posted, fenced, or barricaded restrictions or prohibitions. Subd. 4. Parking Restrictions and Prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle, contrary to lane restrictions or prohibitions painted on 151 (7 -1 -89) 5 7.04 any curb, or contrary to sign - posted, fenced, or barricaded restrictions or prohibitions. Subd. 5. Damaging or Moving markings. It is a misdemeanor for any person to deface, mar, damage, move, remove, or in any way tamper with any structure, work, material, equipment, tools, sign, signal, barricade, fence, painting or appurtenance in any street unless such person has written permission from the City or is an agent, employee or contractor for the City, or other ?uthority having jurisdiction over a particular street, and acting within the authority or scope of a contract with the City or such other authority. SEC. 7.05. ICE AND SNOW ON PUBLIC SIDEWALKS. Subd. 1. Ice and Snow a Nuisance. All snow and ice remaining upon public sidewalks is hereby declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting private property within twenty -four (24) hours after such snow or ice has ceased to be deposited. Subd. 2. City to Remove Snow and Ice. The City may cause to be removed from all public sidewalks, beginning twenty- four (24) hours after snow or ice has ceased to fall, all snow or ice which may be discovered thereon, and it shall keep a record of . the cost of such removal and the private property adjacent to which such accumulations were found and removed. Subd. 3. Cost of Removal to be Assessed. The City Administrator shall, upon direction of the Council, and on receipt of the information provided for in the preceding Subdivision, extend the cost of such removal of snow or ice as a special assessment against the lots or parcel of ground abutting on walks which were cleared, and such special assessments shall at the time of certifying taxes to the County Auditor be certified for collection as other special assessments are certified and collected. Subd. 4. Civil Suit for Cost of Removal. The City Administrator shall, in the alternative, upon direction of the Council, bring suit in a court of competent jurisdiction to recover from the persons owning land adjacent to which sidewalks were cleared, as provided in Subdivision 2 hereof, the cost of such clearing and the cost and disbursement of a civil action therefor. Subd. 5. City Administrator to Report Sidewalks Cleared. The City Administrator shall present to the Council at its first meeting after snow or ice has been cleared from the sidewalks as provided in Subdivision 2 hereof the report of the City thereon, and shall request the Council to determine by resolution the manner of collection to be used as provided in Subdivisions 3 or 4 of this Section. 152 (7 -1 -89) S 7.06 SEC. 7.06. CONSTRUCTION AND RECONSTRUCTION OF ROADWAY SURFACING, SIDEWALK, CURB AND GUTTER. Subd. 1. Methods of Procedure. A. Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this Section if advance payment is made therefor or arrangements for payment considered adequate by the City are completed in advance. B. With or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, presently beginning with Section 429.011, as the same may from time to time be amended. Subd. 2. Periit Required. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, or roadway surfacing in any street or other public property in the City without a permit in writing from the City Administrator. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements, the contemplated date of- beginning of work, and the length of time required to complete the same, provided, that no permit shall be required for any such improvement ordered installed by the Council. All applications shall be referred by the City Administrator to the City Engineer and no permit shall be issued until approval has been received from the City Engineer. All such applications shall contain an agreement by the applicant to be bound by this Chapter and plans and specifications consistent with the provisions of this Chapter and good engineering practices shall also accompany the application. A permit from the City shall not relieve the holder from damages to the person or property of another caused by such work. Subd. 3. Specifications and Standards. All construction and reconstruction of roadway surfacing, sidewalk and curb and gutter improvements, including curb cuts, shall be strictly in accordance with specifications and standards on file in the office of the City Administrator and open to inspection and copying there. Such specifications and standards may be amended from time to time by the City, but shall be uniformly enforced. Subd. 4. Inspection. The City Engineer shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the City Engineer if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work. 0 153 (7 -1 -89) SEC. 7.07. OBSTRUCTIONS IN STREETS. 4 7.07 Subd. 1. obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any street without first having obtained a written permit from the Council, and then only in compliance in all respects with the terms and conditions of such permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. Subd. 2. Fires. it is a misdemeanor for any person to build or maintain a fire upon a street. Subd. 3. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material, inadequately enclosed or covered, thereby permitting the ;ame to fall upon streets. It is also a violation of this Section o place or store any building materials or waste resulting from building construction or demolition on any street without first having obtained a written permit from the Council. Subd. 4. Signs and Other Structures. It is a misdemeanor for any person to place or maintain a sign, advertisement, or other structure in any street without first having obtained a written permit from the Council. In a district zoned for commercial or industrial enterprises special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon such terms and conditions as may be set forth in the zoning or construction provisions of the City Code. Sidewalk. Subd. 5. Placing Snow or Ice in a Roadway or on a A. It is a misdemeanor under a specific contract with the permission from the City Administrator, private property and place the same sidewalk. for any person, not acting City or without special to remove snow or ice from in any roadway or on a B. Where permission is granted by the City Administrator the person to whom such permission is granted shall be initially responsible for payment of all direct or indirect costs of removing the snow or ice from the street or sidewalk. If not paid, collection shall be by civil action or assessment against the benefited property as any other special assessment. 154 (7 -1 -89) 5 7.07 Subd. 6. Continuing Violation. Each day that any person continues in violation of this Section shall be a separate offense and punishable as such. Subd. 7. Condition. Before granting any permit under any of the provisions of this Section, the Council may impose such insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the City from any suit, action or cause of action arising by reason of such obstruction. SEC. 7.08. STREET OPENINGS OR EXCAVATIONS. Subd. 1. Unlawful Act. It is a misdemeanor for any person, except (1) a City employee acting within the course and scope of his employment, (2) a contractor acting within the course and scope of a contract with the City, or (3) a franchisee acting within the course and scope of its franchise from the City, to make any excavation, opening or tunnel in, over, across or upon a street or other public property without first having obtained a written permit from the City Administrator as herein provided. Subd. 2. Application. Application for a permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, purpose and size of the excavation, and such other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the City Administrator. Subd. 3. Investigation and Payment of Estimated Costs. Upon receipt of such application, the City Engineer shall cause such investigation to be made as he may deem necessary to determine estimated cost of repair, such as back - filling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon such excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of such investigation shall be included in such estimate. Payment of such estimated costs shall be made before the permit is issued. Subd. 4. Protection of the City and the Public. A. Non - Completion or Abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith, or shall cease or be abandoned without due cause, the City may, after six hours notice in writing to the 155 (7 -1 -89) 5 7.08 • holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit. B. Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the City satisfactory evidence in writing that the applicant will keep in effect public liability insurance of not less than $100,000.00 for any person, $300,000.00 for any occurrence and property damage insurance of not less than $25,000.00, issued by an insurance company authorized to do business in the State of Minnesota on which the City is named as a co- insured. C. Indemnification. Before issuance of a permit, the applicant shall, in writing, agree to indemnify and hold the City harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the City incident to a claim or action brought or commenced by any person arising therefrom. Subd. 5. Issuance of Permit. The City Engineer shall issue such permit after (1) completion of such investigation, (2) determination of all estimated costs as aforesaid, (3) agreement by the applicant to the conditions of time and manner as aforesaid; (4) agreement in writing by the applicant to pay all actual cost of repairs over and above such estimate, and, (5) agreement in writing by the applicant to be bound by all of the provisions of this Section. No permit shall be issued until the applicant has paid all of the foregoing together with such investigation, inspection and permit fees as are fixed and determined by resolution of the Council. Subd. 6. Repairs. All temporary and permanent repairs, including back - filling, compacting and resurfacing shall be the responsibility of the applicant and shall be performed in accordance with standards adopted by the City. In the event that the applicant does not fulfill such responsibility, the work may be performed, repaired or replaced by the City. Subd. 7. Cost Adjustment. Within sixty days following completion of such permanent repairs the City Engineer shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to such permit holder an itemized statement thereof and claim additional payment from, or make refund (without interest) to, the permit holder, as the case may be. Subd. 8. Alternate Method of Charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the City may charge on the basis of surface square feet removed, excavated cubic feet, or a combination of surface square • feet and excavated cubic feet, on an established unit price uniformly charged. 156 (7 -1 -89) 5 7.09 SEC. 7.09. PARADES. Subd. 1. Definition. The term "parade" means any movement of vehicles, persons or animals, or any combination thereof, which either moves together and as a body so as to in some way impede or affect the free and unobstructed flow of vehicular or pedestrian traffic, or which moves so that some part thereof is in violation of one or more traffic laws or regulations, if such movement is without a permit hereunder. Subd. 2. Permit Required. It is unlawful to sponsor or participate in a parade for which no permit has been obtained from the City, and it is also unlawful to obtain a parade permit and not conduct the same in accordance with the permit granted by the City. Application for such permit shall be made to the City Administrator at least twenty (20) days in advance of the date on which it is to occur and shall state the sponsoring organization or individual, the route, the length, the estimated time of commencement and termination, the general composition, and such application shall be executed by the individuals applying therefor or the duly authorized agent or representative of the sponsoring organization. Subd. 3. Investigation. The City Administrator shall forthwith refer all applications for parades to the Chief of Police, the City Engineer and the Street Superintendent for their consideration which shall take no longer than seven (7) days. If any State trunk highways are in the route the Chief of Police shall make all necessary arrangements with the Minnesota Department of Public Safety for alternate routes or whatever may be necessary. If it is found that such a parade will not cause a hazard to persons or property, and will cause no great inconvenience to the public, and if arrangements for necessary direction and control of traffic can be made, the Chief of Police, the City Engineer and the Street Superintendent shall endorse their acceptances and return the application to the City Administrator. If it is found that the parade described in the application would be a hazard, a substantial inconvenience, or if adequate arrangements for direction or control of traffic cannot be made, the application shall be returned to the City Administrator with such findings. Subd. 4. Council Action. The City Administrator shall refer the application and results of investigation to the Council at its next regular meeting. The Council may either (1) deny the permit, (2) grant the permit, or (3) grant the permit on condition that a date, time or route are acceptable to applicant which differ from such as stated in the application. Applicant shall have three (3) days within which to communicate his acceptance to the City. Subd. 5. Unlawful Acts. A. It is unlawful for any person to hamper, obstruct, or impede or interfere with any parade, parade assembly or any person, animal or vehicle participating in the parade.. 157 (7 -1 -89) 5 7.09 B. It is unlawful for any person to drive a vehicle between the vehicles or persons comprising a parade when such parade is in motion. C. It is unlawful for any person to enter into a parade without prior authorization from the parade chairman. Subd. 6. Exceptions. This Section shall not apply to (1) funeral processions, or (2) a governmental agency acting within the scope of its functions. SEC. 7.10. CORN SET -BACK. Subd. 1. Permit Required. It is a misdemeanor for any person to hereafter remove, or cause to be removed, any curb from its position abutting upon the roadway to another position without first making application to the Council and obtaining a permit therefor. Subd. 2. Agreement Required. No such permit shall be issued until the applicant, and abutting landowner if other than applicant, shall enter into a written agreement with the City agreeing to pay all costs of constructing and maintaining such set- back area in at least as good condition as the abutting roadway, and further agreeing to demolish and remove such set -back and reconstruct the area as was at the expense of the landowner, his heirs or assigns if the area ever, in the Council's opinion becomes a public hazard. Such agreement shall be recorded in the office of the County Recorder, and shall run with the adjoining land. Subd. 3. Sign - Posting. ANGLE PARKING ONLY signs shall be purchased from the City and erected and maintained at the expense of the adjoining landowner in all such set -back areas now in use or hereafter constructed. It is unlawful for any person to park other than at an angle in such set -back areas, as such angle parking is herein described and allowed. Subd. 4. Public Rights Preserved. Such set -back parking areas shall be kept open for public parking and the abutting landowner shall at no time acquire any special interest or control of or in such areas. SEC. 7.11. LOAD LIMITS. The City Administrator, upon the recommendation of the City Engineer, may from time to time impose upon vehicular traffic on any part or all of the streets such load limits as may be necessary or desirable. Such limits, and the specific extent or weight to which loads are limited, shall be clearly and legibly sign - posted thereon. It is a misdemeanor for any person to operate a vehicle on any street in violation of the limitation so posted. 0 158 (7 -1 -89) 5 7.12 SEC. 7.12. LIMITING TIME OF RAILWAY - STREET CROSSING OBSTRUCTION. It is a misdemeanor for any person operating or in charge of a railroad train, car, engine, locomotive, or other railroad equipment, or combination thereof, to so operate, park or leave the same standing upon the railroad at its intersection with a street, so as to prevent unobstructed vehicular traffic on such street for a period longer than five (5) minutes. SEC. 7.13. REQUIREMENT OF SEWER AND WATER MAIN SERVICE LATERAL INSTALLATION. Subd. 1. Requirement of Serer and Water Laterals. No petition for the improvement of a street shall be considered by the Council if such petition contemplates constructing therein any part of a pavement or stablized base, or curb and gutter, unless all sewer and water main installations shall have been made therein, including the installation of service laterals to the curb, if the area along such street will be served by such utilities installed in the street. Subd. 2. Sever System Service and Water Main Service Laterals. No sewer system shall be hereaft -er - constructed or extended unless service laterals to platted lots and frontage facing thereon shall be extended simultaneously with construction of mains. Subd. 3. Waiver. The Council may waive the requirements of this Section only if it finds the effects thereof are burdensome and upon such notice and hearing as the Council may deem necessary or proper. SEC. 7.14. PRIVATE USE OF PUBLIC STREETS AND PARKING LOTS. Subd. 1. Authority, Permission and Procedure. Upon an application duly made to the City Administrator and reviewed and recommended by the City Engineer, the Council may in its discretion, grant special permission whereby on- street parking or the use of City -owned parking lots or ramps or public sidewalks may be temporarily or permanently prohibited or restricted for private reasons and purposes (including, but not limited to, establishment of private or 'leased" parking, "loading zones ", or benches) at such places, on such terms and for such consideration as the Council may deem just and equitable. In establishing the amount of such consideration to be paid to the City, the Council shall consider the amount of space, location thereof, if any, public inconvenience, and hazards to persons or property. Upon complaint of any aggrieved person at any time and by reason of any specific special permission so granted, the Council shall at its next regular meeting after receipt of such complaint, call a hearing thereon to be held after ten days' notice in writing to applicant and complainant and published notice at least ten days prior to such hearing. After such hearing the Council shall by resolution 159 (7 -1 -89) S 7.14 decide whether to terminate, continue or redefine the terms of such permission and such decision shall be final and binding on all persons directly or indirectly interested therein, except that the Council may, on its own motion, reconsider the same. Subd. 2. Public Vehicles. Free and reserved on- street parking shall be limited to City -owned and operated vehicles. Subd. 3. Forbidden Practices. It is unlawful for any person to park or otherwise infringe upon a grant of right under this Section, when clearly and distinctly marked or sign - posted. It is unlawful for any person not granted such right to assert the same, or for any grantee of such right to exceed the same under claim thereto. Subd. 4. Condition. Before granting any permit under any of the provisions of this Section, the Council may impose such insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding such persons and property. Such insurance or bond shall also protect the City from any suit, action or cause of action arising by reason thereof. SEC. 7.15. CURB AND GUTTER, STREET AND SIDEWALK PAINTING OR COLORING. It is unlawful for any person to paint, letter or color any street, sidewalk or curb and gutter for advertising purposes, or to paint or color any street, sidewalk or curb and gutter for any purpose, except as the same may be done by City employees acting within the course or scope of their employment. Provided, however, that this provision shall not apply to uniformly coloring concrete or other surfacing, or uniformly painted house numbers, as such coloring may be approved by the City Administrator. Source: City Code Effective Date: 7 -1 -89 (Sections 7.16 through 7.29, inclusive, reserved for future expansion.) 160 (7 -1 -89) 3 7.30 SEC. 7.30. BICYCLE REGULATION. • Subd. 1. Definition. The term "bicycle", as used in this Section, means every device propelled solely by human power upon which any person may ride, having two tandem wheels except scooters and similar devices, and including any device generally recognized as a bicycle though equipped with two front or rear wheels. Subd. 2. Registration Required. It is unlawful for any person to ride or operate a bicycle not registered with the Minnesota Commissioner of Public Safety upon any street, sidewalk or other public property. SEC. 7.31. SIDEWALK MAINTENANCE AND REPAIR. Subd. 1. Primary Responsibility. It is the primary responsibility of the owner of property upon which there is abutting any sidewalk to keep and maintain such sidewalk in safe and serviceable condition. Subd. 2. Construction, Reconstruction and Repair Specifications. All construction, reconstruction or repair of sidewalks shall be done in strict accordance with specifications on file in the office of the City Administrator. Subd. 3. Notice - No Emergency, where, in the opinion of the City Engineer, no emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. Such notice shall require completion of the work within ninety (90) days, and shall be mailed to the owner or owners shown to be such on the records of the County Officer who mails tax statements. Subd. 4. Notice - Emergency. where, in the opinion of the City Engineer, an emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. Such notice shall require completion of the work within ten (10) days, and shall be mailed to the owner or owners shown to be such on the records of the County Officer who mails tax statements. Subd. 5. Failure of Owner to Reconstruct or Make Repairs. If the owner of the abutting property fails to make repairs or accomplish reconstruction as herein required, the City Engineer shall report such failure to the Council and the Council may order such work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment. 161 (7 -1 -89) S 7. 31 Subd. 6. Inspection. The City Engineer shall make such inspections as are necessary to determine that sidewalks are kept in safe and serviceable condition. Source: City Code Effective Date: 7 -1 -89 (Sections 7.32 through 7.98, inclusive, reserved for future expansion.) U 0 162 (7 -1 -89) § 7.99 SEC. 7.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: Subd. 1. where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, he shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he shall be punished as for a misdemeanor; where he stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12 -month period for the third or subsequent time, he shall be punished as for a misdemeanor. Subd. 2. As to any violation not constituting a misdemeanor under the provisions of Subdivision 1 hereof, he shall be punished as for a petty misdemeanor. Source: City Code Effective Date: 7 -1 -89 163 (7 -1 -89)