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cp07-09-1996 cF-1 SUNDAY MONDAY TUESDA JULY 1996 -7- -8- -9- 4:00 p.m. - CLOSED MEETING of City Council Re. Litigation on HUTCIHNSON 7:00 am. - Excellence Plus Steering Osgood/Hayden/Lake Street Project CITY Committee Meeting in Main in Staff Conference Room at CALENDAR Conference Room at City Center City Center 1:00 p.m. - HATS Joint Powers 4:30 p.m. - JOINT MEETING of Board Meeting at HATS Facility City Council and Library Board in Staff Conference Room at WEEK OF City Center Judy-7 to July 13 1996 5:30 p.m. - City Council Meeting in City Center Council Chambers WEDNESDAY THURSDAY FRIDAY SATURDAY -10- -11- -12- -13- 10:00 am. - Directors Meeting in 9:30 a.m. - Senior Advisory Board VACATION /CONFERENCE Staff Conference Room at City Meeting at Senior Center Center John Arlt - July 8 -12 (V) Randy DeVries - July 8 -12 (V) Steve Madson - July 8 -10 (C) Ken Merrill - July 8 (V) Cal Rice - July 8 -12 (V) John Rodeberg - July 10 -12 (C) Marilyn M. Swanson - July 8 -12 M V = Vacation C = Conference • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 9, 1996 1. CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Dan Cloeter, Our Savior's Lutheran Church 3. CONSIDERATION OF MINUTES MINUTES OF REGULAR MEETING OF JUNE 25,1996; BID OPENING MINUTES OF JULY 1, 1996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JUNE 1996 (b) RESOLUTIONS AND ORDINANCES • 1. ORDINANCE NO. 96 -169 - ORDINANCE AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE, SECTIONS 2.71 AND 5.22, REGARDING BOAT HOUSES (SECOND READING AND ADOPT) 2. RESOLUTION NO. 10704 - RESOLUTION FOR PURCHASE 3. RESOLUTION NO. 10705 - RESOLUTION AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN (c) LIBRARY BOARD MINUTES OF JUNE 24, 1996 (d) REQUESTS FOR ANNUAL ARTS & CRAFTS FESTIVAL SEPTEMBER 13 -14 (e) REQUEST FOR OUT -OF -STATE TRAVEL FOR JOHN ARLT (f) SHORT -TERM ON SALE NON - INTOXICATING MALT LIQUOR LICENSE FOR HUTCHINSON JAYCEES Action - Motion to approve consent agenda 5. PUBLIC HEARING - 6:00 P.M. (a) BOARD OF REVIEW FOR A.W. DISPOSAL SANITATION SERVICES Action - Motion to close hearing • 6. COMMUNICATIONS REQUESTS AND PETITIONS -- NONE 7. RESOLUTIONS ND ORDINANCES -- SEE CONSENT AGENDA CITY COUNCIL AGENDA - JULY 9, 1996 0 W121 9 1 Vol 1 : 1►.. D (a) CONSIDERATION OF PUBLIC UTILITY POLICY FOR NATURAL GAS SERVICE Action - Motion to reject - Motion to approve and adopt policy (b) DI OF ANNUAL CITY APPRECIATION PICNIC AND LOCATION Action - Motion to reject - Motion to approve date and site (c) CONSIDERATION OF APPROVING CLERK/ADMINISTRATOR'S CERTIFICATE FOR FEDERAL AID PROJECT (BLUFF STREET BRIDGE AND ROADWAY) Action - Motion to reject - Motion to approve (d) CONSIDERATION OF APPROVING MEMORANDUM OF UNDERSTANDING WITH MN/DOT AND MCLEOD COUNTY FOR TRUNK HIGHWAY 22 • BYPASS CONSTRUCTION Action - Motion to reject - Motion to approve (e) CONSIDERATION OF SETTING PUBLIC HEARING DATE OF AUGUST 13, 1996 AT 6:00 P.M. FOR SUBMISSION OF REHAB GRANT APPLICATION Action - Motion to reject - Motion to approve hearing date (f) CONSIDERATION OF NOTICE OF ORDER TO REPAIR OR REMOVE REGARDING PROPERTY ON HARMONY LANE Action - Motion to reject - Motion to approve notice of order and authorize signature (g) CONSIDERATION OF UTILIZING PERPETUAL CARE FUNDS FOR CEMETERY ROADWAY IMPROVEMENTS Action - Motion to reject - Motion to approve 10. MISCELLANEOUS (a) COMMUNICATIONS 1 1. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENT (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • • CITY COUNCIL AGENDA - JULY 9, 1996 MONEWIM93rolwola u • • DAVID S. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE JANE VAN VALKENBURG RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS, III tALSO ADMITTED IN TEFAS ANO NEW IOMn 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON July 5, 1996 Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Osgood /Hayden Matter Our File No. 3244 -95091 Dear Gary: FOR YOUR INFORMATION OF COUNSEL RAYMOND C. LAL.LIER ARTHUR-W OOTEN 5661 CkDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 161 2) 389 -2214 FAX (612) 389 -5506 ,,IUL 5 X996 This correspondence concerns the closed meeting of the Hutchinson City Council which is set for this coming Tuesday afternoon at 4 p.m. As you know, the city has had an ongoing dispute with Landwehr, the principal contractor on the Osgood /Hayden /Lake Street improvement project. In reality, the dispute, although in legal terms with Landwehr, is actually with Baurerly Brothers, Inc., which supplied the asphalt paving services. A meeting was previously scheduled at May 14, 1996 to discuss a potential interim resolution of the dispute but at the time of that meeting I advised the Council that Baurerly was not cooperating and it did not appear that resolution was likely. All parties have now come to the table and we are in a position to discuss an interim resolution. I am enclosing a copy of my correspondence of May 10, 1996 which outlines some of the history and the proposal that the City Council will be asked to consider this coming Tuesday. I think it is important to note that this is not a settlement agreement in the traditional sense. The city has not accepted the project as is and the City Council, if it approves what I would describe as a "stand still" agreement, has not in any waived the rights of the city to seek additional relief if the circumstances dictate it. ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW • 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 Gary Plotz July 5, 1996 page 2 Under the circumstances, I believe the arrangement my correspondence of May 10, 1996 and as outlined makes sense and I would recommend entering into setting forth those terms. Thank you. Best Ver ARN G. GBA:jm enc. regards. f VE, L is outlined in in this letter an agreement 0 • • • ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS, III IALBO... TTED IN T.XP9 AND ..W TORM May 10, 1996 PROTECTED BY ATTORNEY /CLIENT PRIVILEGE Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 • RE: Osgood Hayden Matter Our File No. 3244 -95091 Dear Gary: OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5661 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX 1612) 5451793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)389 -2214 FAX (612) 389 -5506 This correspondence is a follow up to prior correspondence regarding the Osgood /Hayden matter. As you know, a closed meeting of the Hutchinson City Council will occur on Tuesday, May 14, 1996. At that time, I would like to have the council consider a proposal to temporarily resolve this matter. We have been approached by Landwehr with a suggestion that a global settlement be negotiated. I would recommend rejecting that proposal because it is simply impossible to evaluate, with any realistic precision, the damages suffered by the City as a result of contract noncompliance by Landwehr or its subcontractor. Frankly, any estimate of damages is, in large measure, at the present time simply a guess. Will the roadway break up? Will it break up along the edges? Will its projected life expectancy be reduced as a result of the quality of workmanship? These questions are simply not answerable at the present time. Instead, I would propose a partial resolution of the matter. • First, I would recommend that we settle the issues of liquidated damages, additional testing and so forth for approximately $10,000.00. The total cost of all of these charges is probably somewhere around $20,000.00 or perhaps slightly more. There is 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 DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350 -2563 STEVEN A. ANDERSON G. BARRY ANDERSON* (320) 587 -7575 LAURA K. FRETLAND FAX 1320) $674096 DAVID A. BRUEGGEMANN PAUL D. DOVE ** RESIDENT ATTORNEY JANE VAN VALKENBURG G. BARRY ANDERSON RICHARD G. MCGEE CATHRYN D. REHER WALTER P. MICHELS, III IALBO... TTED IN T.XP9 AND ..W TORM May 10, 1996 PROTECTED BY ATTORNEY /CLIENT PRIVILEGE Mr. Gary Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 • RE: Osgood Hayden Matter Our File No. 3244 -95091 Dear Gary: OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5661 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX 1612) 5451793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)389 -2214 FAX (612) 389 -5506 This correspondence is a follow up to prior correspondence regarding the Osgood /Hayden matter. As you know, a closed meeting of the Hutchinson City Council will occur on Tuesday, May 14, 1996. At that time, I would like to have the council consider a proposal to temporarily resolve this matter. We have been approached by Landwehr with a suggestion that a global settlement be negotiated. I would recommend rejecting that proposal because it is simply impossible to evaluate, with any realistic precision, the damages suffered by the City as a result of contract noncompliance by Landwehr or its subcontractor. Frankly, any estimate of damages is, in large measure, at the present time simply a guess. Will the roadway break up? Will it break up along the edges? Will its projected life expectancy be reduced as a result of the quality of workmanship? These questions are simply not answerable at the present time. Instead, I would propose a partial resolution of the matter. • First, I would recommend that we settle the issues of liquidated damages, additional testing and so forth for approximately $10,000.00. The total cost of all of these charges is probably somewhere around $20,000.00 or perhaps slightly more. There is 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 0 Gary Plotz May 10, 1996 page 2 always a debate about whether or not the testing was required circumstances created by the contractor or whether it is simply done by the City to protect its own position and in anticipation of litigation. Settling this issue would eliminate this discussion at a later date. Second, I would require that the warranty be extended an additional year and, along with extending the warranty an additional year, the contractor provide adequate assurances, through its insurance carrier, that the performance bond remains in full force and effect. Third, I would recommend that a resolution of the remaining issues be delayed until the end of the warranty period. At present, almost everything is disputed by the subcontractor. I do not believe it is in the best interests of the City to litigate any issues now. Delaying litigation is probably to the City's advantage, at least in part, because we will have a much clearer picture regarding the condition of the roadway and problems relating to the roadway. For example, the city engineer has been • very clear and direct with Landwehr in advising them that the work did not pass compaction tests, at least according to testing done by the City, and that the City will be expecting a deduction for this amount. The contractor has tests.of its own which indicate that either the roadway did pass compaction testing or it did much better than alleged by the City. If the roadway begins to break up within the warranty period the validity of the argument advanced by Landwehr's subcontractor becomes questionable to say the least. Even if the roadway doesn't break up, the City has waived no rights and, in fact, the city engineer has continued to tell Landwehr at every available opportunity that the City intends to take the deduction for compaction trouble. Regardless, arguing the point now simply puts the City into a litigation posture earlier than would otherwise be to the City's advantage. This is particularly true with respect to the more serious issues concerning the length of the roadway and any repair work that might be necessary. Extending the warranty period will keep Landwehr on the hook for a longer period of time and help ensure that if there is an early failure a response will occur. The last issue to be addressed is the question of an escrow. Normally, in a contract such as this, a municipality could, and in many cases does, rely solely on the performance bond. Whether an escrow or performance bond is used, in either case, the City is not entitled to make a claim until the contractor has failed to respond • to a District Court iudaement In other words, the escrow provides no superior protection for the City unless Landwehr fails to respond to a court order indicating that the City has prevailed. • Gary Plotz May 10, 1996 page 3 Landwehr would prefer to have no escrow at all over the next two years. While that position is defensible, I would prefer to have a fairly significant escrow for a couple of reasons that, for the most part, have very little to do with the legal issues involved in this case. It is frankly much easier to persuade a contractor to perform necessary services when he will ultimately receive a reasonably significant sum of money and secondly, the presence of an escrow can provide some indirect encouragement on a contractor to settle claims in a reasonable and efficient manner. Frankly, when dealing with a contractor the size of Landwehr, in terms of ultimate collection of the judgement if this matter were actually to be litigated, the presence or absence of an escrow might be, and probably is, irrelevant. Nonetheless, despite the wishes of the contractor, I would recommend retention of at least some amount in escrow (to be held at interest, of course) pending resolution of the warranty issues or ultimate settlement of the litigation. I would recommend, in a completely arbitrary fashion, that we retain $50,000.00 for this purpose. Obviously, the parties would • enter into an escrow agreement so that there would be no question regarding the rights and responsibilities of the various parties. I summary, the results of this settlement agreement will be to resolve the testing expenses and delay resolution of all remaining issues until a time better suited to the City's needs while maintaining a significant escrow account and forcing the contractor to provide additional assurances that the performance bond is in place. I have discuss these matters with the city engineer and I understand him to be in general agreement with the procedure outlined above. I look forward to discussing these matters with the Council in our closed session this coming Tuesday evening. Best personal regards. Very trul , ARNOLD, V t .L.L.P. 1� G. Barry. • GBA /es • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 25, 1996 The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Larry Johnson. 3. MINUTES The minutes of the regular meeting of May 28, 1996 and June 10, 1996 and bid opening minutes of June 7, 1996 were approved as presented. � ► . eT�l•1� ; (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIALANVESTMENT REPORT - MAY 1996 2. PLANNING COMMISSION MINUTES OF MAY 21, 1996 • (b) DELINQUENT WATER AND SEWER ACCOUNTS (c) TRANSIENT MERCHANT PERMIT FOR MATTHEW EARL PALMER, DB /A FOUR SEASONS STEAK, CHICKEN, SEAFOOD (d) OUT -OF -STATE TRAVEL FOR DIRECTOR RANDY DEVRIES (e) PAYMENT TO DUANE HOVERSTEN OF MINNESOTA SMALL BUSINESS DEVELOPMENT CENTER (f) CONDITIONAL USE PERMIT REQUESTED BY DENNIS CZECH, DMC DEVELOPMENT CO., TO CONSTRUCT THREE 30 -UNIT BUILDINGS AND ONE 47 -UNIT BUILDING LOCATED AT 55 NORTH HIGH DRIVE NW WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH 0 STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10700) (g) AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 REGARDING BOAT HOUSES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 96 -169 AND SET SECOND READING FOR JULY 9, 1996) (h) PROPERTY REZONING FROM AGRICULTURAL TO HWY. BUSINESS (B -1) IN SECTION 33, HUTCHINSON TOWNSHIP, REQUESTED BY BRIAN AND BRAD LOKENSGARD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION • (i) VARIANCE REQUEST FOR REDUCTION OF SIDE YARD SETBACK FROM 10' TO 5' FOR INSTALLATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEM, HUTCHINSON TOWNSHIP, BY HENRY OGITZAK, 1060 BLUFF 0 CITY COUNCIL MINUTES - JUNE 25, 1996 STREET, WITH NO RECOMMENDATION FROM PLANNING COMMISSION (j) PROPERTY REZONING FROM AGRICULTURAL TO RURAL RESIDENTIAL, ACOMA TOWNSHIP, REQUESTED BY SKIP QUADS WITH NO RECOMMENDATION FROM PLANNING COMMISSION The motion to approve the consent agenda with the exception of items 4 -(c), (f), (h) and (i) was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. Item 4-(c )-- Council Member Craig recommended denial of the permit based on the Police Chiefs recommendation, seconded by Council Member Mlinar and unanimously carried. Item 4 -(f) -- During discussion of playground and parks contribution, it was noted that the Parks, Recreation and Community Education Board recommended: (1) the City collect $4,500 for each of the four building complexes constructed; and (2) at successful completion of each recreation phase $3,000 be returned to DMC Development. This project would generate $6,000 in parkland dedication fees and provide $12,000 worth of play value on site. Council Member Erickson moved to approve both Board recommendations for donation, seconded by Council Member Craig and unanimously carried. • Item 4 -(h) -- Council Member Craig commented that the Planning Commission recommended to deny the request since sufficient information was not provided regarding the site. Also, the City has no jurisdiction over the property since it is located in Hutchinson Township. The motion was made by Council Member Craig to approve the unfavorable recommendation of the Planning Commission, seconded by Council Member Mlinar and unanimously carried. Item 4- (i)-- Council Member Craig reported the Planning Commission had no recommendation since the County held a special meeting June 13 to act on the request. The motion was made by Council Member Craig to accept the Planning Commission's recommendation, seconded by Council Member Mlinar and unanimously carried. (a) TRANSFER OF OWNERSHIP OF CITY CABLE TELEVISION FRANCHISE TO TRIAX MIDWEST ASSOCIATES, L.P., OR DD CABLE PARTNERS, L.P., DD CABLE HOLDINGS, INC. AND ITS VARIOUS SUBSIDIARIES DB /A/ MIDWEST CABLEVISION Mayor Torgerson called the hearing to order at 6:00 p.m. and read the notice of hearing. • • CITY COUNCIL MINUTES - JUNE 25, 1996 A regional marketing representative of Midwest Cablevision was present and advised the Council that the 120 day window would expire August 17, 1996. He expressed concern that if the public hearing was continued to August 13, there might not be sufficient time to respond to any issues raised on that date. He also informed the Council that Triax intended to implement the planned fiber optic system for Hutchinson and add Internet in the future. City Attorney Anderson stated that Attorney Thomas Creighton is working on this project on behalf of the City. He noted that the transfer would either be approved at the continued hearing or the problems would be so serious that nothing would resolve them. Following discussion, Council Member Erickson moved to continue the hearing, seconded by Council Member Mlinar. The motion was amended by Council Member Erickson to continue the hearing to August 13, 1996, amended motion seconded by Council Member Peterson and unanimously carried. The main motion unanimously carried. (b) ASSESSMENT ROLL NO. 5001 & 5001A, LETTING NO. 7, PROJECT NO. 96-09, 96 -10, 96 -11, 96-12 & 96 -13 Mayor Torgerson called the hearing to order and read the notice of hearing on • Assessment Roll No. 5001 and 5001A. Engineer Rodeberg explained the five separate projects included in Letting No. 7. No one was present to be heard. Council Member Erickson moved to close the hearing at 6:22 p.m., seconded by Council Member Peterson and unanim ously carried. The motion to approve all of the projects in Letting No. 7 and to waive reading and adopt Resolutions No. 10702 and No. 10703 was made by Council Member Erickson, seconded by Council Member Peterson and unanim ously carried. COMMUNICATIONS, REQUESTS AND PETITIONS -- NONE FS OLI TnONS AND •:•1►:► CES -- SEE CONSENT AGENDA UNFINISHED BUSI!►! NONE (DEFERRED (a) CONSIDERATION OF REJECTING QUOTES ON TWO GROUNDS MAINTENANCE MACHINES AND AUTHORIZING RE-BIDDING THE UNITS .., Since an attachment was inadvertently omitted from the specification/proposal form sent out to the bidders, it was recommended that the City Council reject all previous bids and re-bid the units using the formal bidding process. • Following discussion, Council Member Erickson moved to approve rejection of the CITY COUNCIL MINUTES - JUNE 25, 1996 previous bids, seconded by Council Member Mlinar and unanimously carried. Council Member Mlinar moved to authorize rebidding the units using the formal bidding process, seconded by Council Member Peterson and unanimously carried. I` I (a) CONSIDERATION OF ENTERING INTO CONTRACTUAL AGREEMENT WITH STATE OF MINNESOTA FOR CIVIC ARENA "MIGHTY DUCKS" GRANT AND TO ADVERTISE FOR BIDS It was reported that the City of Hutchinson has been awarded an end grant from the State of Minnesota for improvements to the Civic Arena. The total project is valued at approximately $100,000. Since it is a matching grant, the local match will be provided from a variety of sources. The State will pay up to $50,000 of the project, and the City's actual cash outlay will be approximately $10,000 - $12,000 from the City's capital improvement fund. 0 Following discussion, Council Member Mlinar moved to approve entering into a contractual agreement with the State, to provide city funding for the project, and to advertise for bids. The motion was seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF SCHEDULING CLOSED LITIGATION MEETING • REGARDING OSGOOD/HAYDEN/LAKE STREET PROJECT FOR JULY 9, 1996 AT 4:30 P.M. Following discussion, Council Member Mlinar moved to approve a closed litigation meeting at 4:30 p.m. on July 9, 1996, seconded by Council Member Peterson. After further discussion, Council Member Mlinar amended the motion to hold a closed litigation meeting at 4:00 n•m. on July 9, 1996. Motion seconded by Council Member Peterson and unanimously carried. (c) CONSIDERATION OF APPROVING REVISED POSITION DESCRIPTION FOR HUMAN RESOURCES COORDINATOR AND AUTHORIZING INTERNAL POSTING OF POSITION City Administrator Plotz commented on the forthcoming retirement of the Human Resources Coordinator and requested authorization for internal posting of the position. He reported that the position description had been revised. Following discussion, Council Member Craig moved to approve the revised position description and to authorize internal posting and external advertising. Motion seconded by Council Member Mlinar and unanimously carried. (d) CONSIDERATION OF RENEWING LIABILITY, COMPREHENSIVE AND AUTOMOBILE INSURANCE Insurance Agent Dennis Potter and a representative from Berkley Risk Services presented insurance renewal information on the City's liability, building and auto • 4 0 CITY COUNCIL MINUTES - JUNE 25, 1996 coverage. It was reported there were no major claims for liability and auto. It was suggested that the City set up a special fund to cover the large claims. Effective July 1, 1995, the deductible for the LMCIT coverage for property, general liability and automobile liability was raised to $25,000 from $5,000. Council Member Erickson directed the Finance Director to research a reserve fund and report back to the City Council. Following discussion, Council Member Craig moved to approve the insurance renewals, seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY City Attorney Anderson stated that one year ago the City Council approved commencement of eminent domain on the easement of property located on Texas Avenue (Floor to Ceiling). He requested authorization to move forward with the eminent domain process. Following discussion, Council Member Peterson moved to approve, seconded by Council Member Mlinar and unanimously carried. • The City Attorney commented on the transfer of assessments from Lot B to Lot A for the Word of Life Outreach Center's property and requested authorization from the City Council to transact the transfer. (b) COMMUNICATIONS FROM POLICE CHIEF STEVE MADSON Police Chief Madson requested authorization to execute an agreement with the MN Department of Public Safety for a $13,000 grant to be used for community oriented policing purposes. He also requested adoption of Resolution No. 10701 approving said grant application. Council Member Craig moved to approve the grant application and to waive reading and adopt Resolution No. 10701. Motion seconded by Council Member Peterson and unanimously carried. (c) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commented on the developer who is constructing the apartment units without the use of City funding. (d) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Council Member Peterson stated that a resident on Stoney Point Road had complained to her about the increase in traffic and speeding on this street. It appears that the traffic on Alan has moved over to Stoney Point Road. Ms. Peterson suggested that the traffic situation be reviewed. • [.7 CITY COUNCIL MINUTES - JUNE 25, 1996 • Council Member Erickson suggested obtaining a petition from the residents on Stoney Point Road with a recommendation. Council Member Peterson commented on a discussion of traffic lights at the recent Hutchinson Safety Council meeting. (e) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz commented on the City contract with A.W. Disposal and the requirement for a Board of Review meeting. He recommended that such meeting be held in July. Council Member Erickson moved to hold a Board of Review with A. W. Disposal on July 9, 1996, seconded by Council Member Mlinar and unanimously carried. The City Administrator reported that Earl Fitzloff had telephoned and requested a special meeting with the City Council members to discuss a new approach to his business establishment and present a drawing. Following discussion, Council Member Mlinar moved to hold a special meeting at 7:00 a.m. on July 2, 1996 to meet with Earl Fitzloff, seconded by Council Member Craig and unanimously carried. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING • Engineer Rodeberg reported on the City clean-up work at the intersection of Hwy. 7 and 15 late Monday when a tractor lost its hydraulic fluid. The intersection was closed for a period of time to remove the spill. The City Engineer presented the following update on five projects: ► BLUFF STREET BRIDGE -- July 1 bid; start work late in July. ► FIFTH AVENUE BRIDGE -- Funding shortage; railroad crossing required change; may postpone project. ► HWY. 7 PROJECT BETWEEN SILVER LAKE AND HUTCHINSON -- Moved from 1998 to 1999. ► 22 EAST BYPASS -- On schedule. ► SOUTH GRADE ROAD -- Two weeks behind schedule; 50 working day contract. (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. • • CITY COUNCIL MINUTES - NNE 25, 1996 MMINWEV131611f ; INS "12 There being no further business, the meeting adjourned at 6:55 p.m. 0 • • MINUTES BID OPENING JULY 1, 1996 John Rodeberg, Director of Engineering, called the bid opening to order at 11:00 a.m. Also present were Tom Behm ofMN/DOT, O.S.M. Representative, and Engineering Secretary Pat Vander Veen. Engineer Rodeberg dispensed with the reading of Publication No. 4923, Letting No. 3, Project No. 96 -04; Bluff Street Bridge (S.P. 133 - 104 -04). The following bids were opened and read: Johnson Brothers Corp. Litchfield, MN $1,087,973.45 Structural Specialties, Inc. Hutchinson, MN 1,411,828.00 The bids were referred to the Engineering Department for review and a recommendation. • The meeting adjourned. IN CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT I I I HASSAN STREET S.E.. HUTCHINSON, MN 55350 PHONE: 612-234-4216 FAX: 612-234-4240 • NEW RESIDENTIAL PRIVATELY OWNED BLICLY HOUSEKEEPING faro vuhm1fon or Nu 9w of V■krbon of BUILDINGS No. DAcInps Ilouefnp axswrdim LAtis Or/* cods UUnl Omtr caws c o Single-family uwe, doadrd ,re 101 2 2 225,870 uw, s11■rhod , a'b 102 Ic 4 nano T 103 Thos- and bn■ 104 Flwarmae buldhp 105 TOTAL: SU of 101- /9S --e 109 NEW RESIDENTIAL P A LY OWNED PUBLICLY OWNED NONNOUSEKEEPING lam NunWr of vak.bon 01 1 Nuibm ol I va%nim d BUILDINGS No. fEQKje Fiocnu mrublwtlan Buadrpe carutrudfm Chrr cards Crrd' oorai ■ c o No W.. Motels, a i odna (e ■inlenl ■ocarmbdetlars bfio 213 Mr C nodt kwpinp eheia 214 NEW PRIV TELY OWNED I PU BLICLY OWNED NONRESIDENTIAL Zorn Nunbw v.katicn d fhnn6or of Vakabon d BUILDINGS No. of mmb coon AurdYge owwbudlon BL9s Ghw cards Cow owab c o Amusenwrd, eccial, ■rd reaoe9anal 310 Chnchen and oihw ro aan 319 P■rF4g 9v■9■■ (fa�ps ■ open dodwM 321 Sauk■ slsOms ■rld row paopn 322 HospWa and WditAonaf 377 Ctkw, bnfu, ad ProNNV W 3M Public works and u919M 371 Sdbols and o1Fa educafond 300 Sbrw and asbmor sarvien 327 OVr narrnWwdW bufldnp 771 Stru"n oMw M bu ldhpe 320 ADDITIONS, PRIVATELY OWNED F LICGLY OWNED ALTERATIONS, 11 n Nundor VWuskn of Nunbad vwuadonof AND CONVERSIONS No. of combudlm Bu9dnpe mrobudfm Buldbpo Grrw o Orrhk corns w roi (c) (d) c.I Hft0w W- Cft&Wy edfWmof 474 MWW ■ad c"pab n kem 43i 13 40776 al and n Nonrowdenllort=%*npby 437 Adddlf io e d rordwft par" and 479 (aarhod and dofadnod) E J� had) VA LY D P IC D AND RAZING Dam Nurbr Nun bad Number of Nunbw of OF BUILDINGS No. a Hou" urds f3Wd po Ilo a uYn BWldrge c o S C w ap k4artiyhouns(oaedAd a d dD84 Two rr buidhp 646 Thos - and four -fan* W16nps 647 Fmp a faml buddinpe w N c*- ' buidigs and sb d ft 60 un - - • Total permits 73 Total Valuation $5,084,918.00 - x (1) • ORDINANCE NO. 96 -169 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SHORELAND MANAGEMENT ORDINANCE, SECTIONS 2.714, 2.753 AND 5.22 REGARDING BOATHOUSES THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464. SECTION 2. That Sections 2.714, 2.753 and 5.22 are amended 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 boathouses, 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 sporting equipment in the shoreline impact zone, may occupy a structure with a maximum door opening of 3'0 ". an afea up to 400 sotme feet-i� SECTION 3. This ordinance shall take effect from and after its passage and publication. Adopted by the City Council this 9th day of July, 1996. ATTEST: • Gary D. Plotz, City Administrator Marlin Torgerson, Mayor RESOLUTION N0. 10704 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE I DEPT.I BUDGET I VENDOR The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 8,500 Gallons 90 Octane 107 Ethanol Gasoline 9,171.5 ( HATS Resale HATS Yes Cenex Inc. Date Approved: July 9, 1996 Resolution submitted for Council action • Motion made by: by: Seconded by: Kenneth B. Merrill, Finance Director �' \ Z) 0 RESOLUTION NO. 10705 AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN WHEREAS, Citizens Bank & Trust Co. of Hutchinson, Minnesota, a city depository, has requested release of the following security under the collateral agreement with the City of Hutchinson: FEMA 07 -19 -96 $ 1,000,000.00 (cusip31364az88) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • THAT the City Finance Director be authorized to release the requested securities. Adopted by the City Council this 9th day of July, 1996. Marlin Torgerson Mayor ATTEST: Gary D. Plotz • City Administrator Hutchinson Public Library Board Meeting . Monday, June 24, 1996 Members present: Mary Henke, Paul Wright, Kay Peterson, Pioneer - land Library Representatives Larry Ladd, and Connie Lambert. Members absent: Joyce Beytien, Lois Carlson, Sue Munz, Richard Peterson and Joe Schulte. Minutes from the May 20th meeting were reviewed. Kay P. moved the minutes be approved. Motion was seconded by Connie and minutes were approved. Old Business: Dave Skaar delivered the portrait of Ralph Bergstrom and the recog- nition plaque. The bill for the project was $ 146.79 and will be paid for with Bergstrom memorial funds given to the library. The picture and plaque will be hung in the entryway of the library. The light fixtures continue to be a problem with dimming. John Korngiebel, the architect of the building expansion, is having a mechanical engineer check the bulbs to see if that's the problem. The roof leak seems to have stopped. Possibly, the expansion of the roof during the summer heat has closed the leak temporarily. Library staff will monitor the area for leaks. The library board's presentation at a city council workshop is set is for 4:30, July 9 at the City Center. Kay Peterson encouraged all board members to attend the workshop. Sue Munz had prepared a re- vision of the board's presentation based on suggestions made at our last board meeting. Joe Schulte will make a brief introduction. Mary will give an overview of PLS and its service to our local library and community. John Houlahan, PLS director, will make a 10 -15 minute explanation of the automation project. Kay is going to invite Sheldon Nies, the county commisioner who represents us on the PLS board, to attend the workshop. New Business: We discussed public relations efforts to promote awareness of the library. It was decided to promote the library's automation pro- ject after our presentation to the city council. An article in the Hutchinson Leader, a talk show on KDU7 and KARP, and the Chamber of Commerce's TV show on cable channel 10 were suggested as ways to inform the public. Another idea_ to increase awareness of the library was to develop a brochure that could be placed at City Center, the schools, the Chamber of Commerce office, Welcome Neighbor service, and other key locations in the community. Paul suggested a float in the Water Carnival would be a creative way to promote the library. Reports form Pioneerland Library System representatives: Connie reported on the funding request for the automation project • that was approved at the last PLS meeting. Larry said the Person- nel committee is completing a revision of the personnel policy. Since we will be meeting with the city council on July 9, it was de- cided to skip the July 22nd meeting unless needed. Our next meeting will be Mon. Aug. 26, 1996. The meeting was adjourned. Mary Henke, Acting Secretary '171 _cY 0 HUTCHINSON AREA CHAMBER OF COMMERCE 206 Main Street North • Hutchinson, MN 55350 (320) 587 -5252 • • June 21, 1996 Mr. Gary Plotz City Administrator City of Hutchinson 111 Hassan Street Southeast Hutchinson, MN 55350 Dear Mr. Plotz, The 22nd Annual Arts & Crafts Festival of the Hutchinson Area Chamber of Commerce will be held Friday, September 13, 10 a.m. to 6:30 p.m., and Saturday, September 11, 9 a.m. to 5 p.m. We have contacted Mayor Torgerson, the Hutchinson Police Department, the Park and Recreation Department and the Street Department for their assistance. If you have any questions, please call the Chamber at 587 -5252. T he Hutchinson Ambassadors also wish to reserve all concession rights in the downtown area as well as the control of any and all food exhibitors for the Taste of Hutchinson. T he Ambassadors have an agreement with Mai nStreet- Hutchinson regarding the operation of the Popcorn Wagon during the event. Thank you for your cooperation and for all the help you've provided in the past. Sincerely, Christine Haefner HACC Arts & Crafts Task Force Member 19 ACCREDITED 0 TO: Mayor & Council C. FROM: Dolf Moon, Director PRCE DATE: July 3, 1996 RE: Out of State Travel This memo will serve to inform the Council that John Arlt has been named as the NYSCA 1996 District Coordinator of the Year. I am requesting that John be allowed to attend the NYSCA Conference and Award • Ceremony held in Palm Beach Shores, Florida. Dates of the conference are Wednesday, August 7 through Sunday, August 11. Conference fees, lodging and airfare are included as part of the awards package. LJ City Center 11 / 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 - Primed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 WSCAWS c NATIONAL HEADQUARTERS i N EWS West Palm Beach �FL 33411 561-684-11411 • FAX 561-684-25464 1996 NYSCA DISTRICT COORDINATOR OF THE YEAR AWARD John Arlt from Hutchinson, Minnesota, has been named District Coordinator of the Year by the National Youth Sports Coaches Associa- tion (NYSCA), a national nonprofit organization whose goal is making sports positive and safe for America's youth. Arlt was chosen from a field of over 200 NYSCA District Coordinators nationally. As a Parks & Recreation Specialist with Hutchinson, John continues to serve the NYSCA as a District Coordinator since 1992. "John has con- sistently and unwaveringly volunteered his time to the "NYSCA mission with a great deal of effort, enthusiasm, and commitment ", NYSCA of Minnesota State Director, Jon Burlingame said. The District Coordinator of the Year Award is one of the most prestigious honors bestowed upon a volunteer involved in the NYSCA. 'We believe that the District Coordinator is the key to the success of the NYSCA. John Arlt demonstrates what we would define as the exemplary District Coordinator and truly deserves this recognition ", NYSCA National Execu- tive Director, Michael Pfahl said. John will be honored at the 11th Annual NYSCA Conference in Palm Beach Shores, Florida, August 8, 1996. L/ — ,,rj, • Form No. SHORT -TERM $50.00 RETAIL "ON SALE" btate of ff[innenta, COONTr OF Mc Lead _. City_ _ OF Hutchinson To the City Council .. of the Cicy , . .......................... Hutchinson __.._....._ State of Minnesota: . HUTCHINSON JAYCEES hereby apps i.z.s for a Ueerx for the term of _ .... Ong _daY- . _ . from the........__ __._19th.. ..._ ..... ............day of_....... .... dmjy_ .............. .__... ... __.., 19.95.._, to seU At Retail Only, Non-Intoxicating Malt Liquors, d the same are defined by law, for consumption "OX" thine oertain promises in the.. ._.._._..__....._.— .. ..__ _. _. ............ _..... ._............ _.. Lity. ...._..__. of .._....... utchiIICtn..._ _.___. —_.._. ._— ..__....._._ d escribed " follows, to-wit:. _.. ......._......__.._......_,.._._. ._.___.... _..._.... _.___1._____ Street Dance during Crazy Days -- July 19, L996, from 7:00 - 11:00 P.M. Location of First Avenue SE between Main and Hassan Streets at which plane said applicant..... opmats.. the baslnds of • .. .....__.._._....._.. —_._. _.__.____.._ and to that end represent.__ and state as foilwos: That said applicant ............._is_ a..__ ..____.......__._..IStiun...... of the United Stater; of good moral ohaFadt and repute; and ha _ _ attaiud the age of 21 years; that___.__......._...___.._. _...__._ ....... _proprietor..._,f the establishment for which the license will be issued if this application is granted. That no manufacturer of such notiintarieating malt liquors has any ownership, in whole or in. part, in said business of said applicant.... or any tntered therein; That raid applicant.. make this application purruant and rubjed to all the laws of the State of Minnesota and the ordinances and regulations, of said .--------- CI[ Y..._.._.___._.____....__ —_.__. applicable thereto, wh ieh are hereby made a part hereof, and hereby agree__, to obseroe and obey the same; ........... Is- Recommend approval with restrictions and requirements as in the past. Driver's License L.D. to be required for purchase. Steve Madson, Police Chief Each applicant further states that —he is not now the holder of, nor has —he made application for, nor does _he intend to make application for a Federal Retail Dealers Special tax stamp for the sale of intoxicaiing liquor. • I Dated _...._.tL4.!�. F IIO C hr rf Q y/ �, P. O. dddm@*J_ .... ...�a1.-_._._ _ . 4 -F 0 BOXED AD - 4" x 5" PUBLIC NOTICE CITY OF HUTCHINSON BOARD OF REVIEW MEETING A. W. DISPOSAL SANITATION SERVICES 6:00 P.M. TUESDAY, JULY 9, 1996 The City Council of the City of Hutchinson will meet to hold a Board of Review regarding IS solid waste services provided by A. W. Disposal sanitation services. The hearing will take place at the Hutchinson City Center, 111 Hassan Street SE, on Tuesday, July 9, 1996, at 6:00 p.m. Public input from city residents is invited. PUBLICATION NO. 4932 PUBLISHED IN THE HUTCHINSON LEADER TUESDAY, JULY 2, 1996 AND TUESDAY, JULY 9, 1996 is PUBLIC UTILITY POLICY NATURAL GAS SERVICE WHEREAS, the City of Hutchinson desires to establish a policy on natural gas service outside the city limits, and WHEREAS, there is no federal or state territorial regulation or law for providing gas service adjacent to the city limits of Hutchinson, WHEREAS, the city herein reserves the right to have different policies for all other services, including water, wastewater and electric, WHEREAS, the city will evaluate each application for natural gas on a case by case basis, according to the following requirement: 1. An existing natural gas main is currently in place and is in reasonable proximity to the property to be served. 2. The hook -up, including any internal service line, equipment, or miscellaneous cost, is paid 100% by the applicant. (Flat rate hook -up charges that apply to the customer within the city limits are not applicable). BE IT RESOLVED, the City of Hutchinson hereby adopts said policy for implementation by its public utility. is Q ►U► 5 1996 To: Gary Plotz From: John Webster Subject: DRAFT OF PUBLIC UTILITY POLICY FOR NATURAL GAS SERVICE Attached are comments to the draft policy for natural gas service outside of the city limits. Requirement No. 1: "Reasonable proximity to the property" This may be construed as adjacent property or it may be property within 1000 yards. Open to potential customers interpretation- Natural gas main must be directly in front of the property in question. • Does the City wish to enforce fuel line inspections in these areas? At this time, no inspection is being performed, only a cursory check by the plumber. Hutchinson Utilities does not perform a fuel line check for any customer unless a possible leak is reported to us. If you should have any questions or comments regarding the above please contact me at 234 -0507. r1 L J Attachment 9 -A 0 C MEMORANDUM TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ, HUMAN RESOURCES COORDINATOR . RE ANNUAL CITY APPRECIATION PICNIC 0 The Annual City Appreciation Picnic is traditionally held in August, the week following the McLeod County Fair. ("Phis year will be the 22nd annual picnic.) This year, the probable date would be Wednesday, August 21. An inside location seems to be preferable due to weather concerns, and either the Civic Arena or the Recreation Center would be available. Does the City Council wish to proceed with the picnic on August 21 this year? Are there any special instructions concerning the picnic? • City Center III Hassan Street SE Hutchinson, MN 55350.2522 (320) 587.5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 � Fax (310) 234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350.2464 (320) 587.2242 Fax (320) 587 -6417 July 2, 1996 11 M E M O R A N D U M July 2, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Approving Clerk/Administrator's Certificate for Federal Aid Project (Bluff Street Bridge and Roadway) Attached please find a copy of the above referenced certificate. Also note the • proposed project breakdown based on the bid estimate. Since the actual bid was slightly more, the individual amounts will also rise. We also will be reviewing the potential deletion of the "Architectural Surface Treatment" (stone look) in order to help reduce costs. The bid cost was approximately $90,000 with the city's share being about 70 %. Although this cost is "State Aid Eligible" it would reduce our future funding availability. cc: Cal Rice 0 City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587.5151 Fax (310) 2344140 Parks & Recreation 900 Harrington Street SW Hutchinson„ VN 55350.3097 (320) 587 -2975 Fax (320) 2344240 Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587.1242 Fax (320) 587.6427 CLERK/ADMINISTRATOR'S CERTIFICATE FEDERAL AID PROJECT STATE OF MINNESOTA ) REFERENCE (S.P. 133 - 104 -04 City of Hutchinson ) ( BR STP 4395 (001) I, Kenneth Merrill. the duly appointed, qualified and acting City Clerk/Administrator of the City of Hutchinson State of Minnesota, do hereby certify that a regular meeting of the City Council of the City of Hutchinson held on the 9th day of July ,1999&, the following named contractors: Johnson Bros. , Inc. Structural Specialties Inc. submitted bids for the furnishing of all labor, tools, materials and equipment necessary for the construction of the work provided for under plans and specifications for that improvement on constructing Bridge 43531 otherwise known as: S.P. No. 133 - 104 -04 , Minnesota Project No. BR STP 43905 (001). located over South Fork Crow River in Hutchinson T1 17N- R2 9W approximately .149 miles in length. The bid of Johnson Bros.. Inc. in the amount of $ 1,087,973.45 appeared to be the lowest bid received, subject to final audit, and on motion by Councilperson and seconded by Councilperson it was voted by said City Council to recommend to the Commissioner of Transportation, as Agent for said City, that: (said contract be awarded to the lowest responsible bidder) or (that all bids be rejected). Attest: City Clerk/Administrator Chairperson, City Council IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this 16L day of July , 19 96. 13 • Chairperson /Administrator • Recommendation: I concur with the above recommendation District State Aid Engineer Bluff Street Bridge Fundin nt OVRY :7117 7tITFc.F 9WK -1 11 11 • 1 11 • • 11 5Z M �- 1• 11 1• 11 $175,000.00 $90,500.00 1$1,016,450.00 1$1,281,950.00 1 gAstateaid\funding.wb2 -June 24, 1996 CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 612 - 234 -4209 BID TABULATION SAP 133 - 104 -04 - CITY OF HUTCHINSON LETTING NO. 31PROJECT NO. 96-04 BID OPENING: 07/01/1996 AT 11:00 AM \ ' ITEM NO. _ 001 002 DD3 005_ 006 007 009, 010 011 012 013 014_ 015_ 010 017 018 019 021 _ 0 22 025 026 027 _029__ 0 030 031 032 033 _ 034 035 036 037 :Vmppro1Y1996UdlabV3.wk4\Page SPEC. _REF. _ _ 2021.501 2031.501 2401.501 2401512 2401.513 401515 2401.541 0401,601 0401.603 0401.612 2402.583 2402.595 2404.501 2452.607 2452.508 _ 245251 2511,511 2545.509 _ .. 2101.502 2101.507_ 2104.501 _ 2104503_ 2104.503 2104.509 _2104.513_ 2104.523 _ 2104,523 2104.523 2105.501 2105.522 2105.525 2211.501 ITEM DESCRIPTION UNIT MOBILIZATION LUMP SUM FIELD OFFICE TYPE D EACH CATEGORY TOTAL - STRUCTURAL CONCRETEIIA43) BRIDGE LAB CO -. _ - -- __. M2 TYPE F RAILING CONCRETE (3Y40A) M SIDEWALK C (3Y46A) REINFORCEMENT BARS (EPDXY COATED) _ _ _ - _ KG _. STRUCTURE EXCAVATION LU MP SUM ARCHITECTURAL SURFACE TREATMENT SPECIAL SURFACE FNISH(INPLACEI M2 ORNAMENTAL METAL RAILING TYPE, _ __. _ M_ PIPE RAILING _ - M CONCRETE OVERLAY TYPE SPECIAL M2 C -I-P CONCRETE PILING DELIVERED Ws M M M C-I-P CONCRETE PILING DRIVEN 305 MIA _ _ - _ - - _ -_ _ M_ C-I-P CONCRETE TEST PILE 18 M LONG 305 MM EA CH GRANULAR FILTER - -- - -- - _ M3 EROS ION CONDUIT SYSTEM MAT EM _. - _LUMPSUM CATEGORY TOTAL _ -_ _. _- CLEARING GRUBBING - _._ _ -.._ _ �- TREE_ REMOVE SEWER PIPE STORM _ M REMOVE CONCRETE SIDEWALK M2 REMOVE BITUMINOUS PAVEMENT -- - - - -- 2 REMOVE MANHOLE OR CATCH BASIN _ EACH SA WING BIT PAVEMENT (FULL DEPTH) _ _ _ M SALVAGE CASTING _ SALVAGE HYDRANT _EACH _ SALVAGE LIGHTING UNIT EACH _ COMMON EXCAVATION M3 SELECT GRANULAR BORROW (CVO _ M3 TOPSOIL BORROW 1LV) _ - __ -- M3 - AGGREGATE BASE CLASS S MOD T BRIDGE APPROACH PANELS _ LUMP SUM 1 0 ESTIMATED QUANTRY BID QUANTITY 1 1 745 70 82390 1 856 89 24 782 783 783 _ _ 4 130 7 3 _ 198 68 4510 8 48 1 1 3102 1319 400 3960 1 C17Y OF HUTCHIINSCIN 111 NASSAN HUTCHINSON 320- 2314200 ST BE MN 55350 JOHNSON BROS., INC. STRUCTURAL SPEC., INC. 23577 MN HWY 22 P O BOX 502 LITCHFIELD MN 55355 HUTCHINSON MN 55350 3204193-9192 321-5 -6719 BID PRICE BID TOTAL BID PRICE BID_TO_ TAL_ $55,00000 _ 555,000.00 $141,180.00' $141,180 DO $1,50000 31,50.0' $5,350.23 $5,35023 $56.500.00 j 3146,53013 _ 5200.001 5149,000.001 5$27000! 3 $25000 $17,500.00 $345.00 $24,150.00 $ $1.30 11 $1075107.0 $ $1 20 $98, $24,000.00 $24,000.00 $9,379.00 $9,379.00 $1 $ 84 38.00 56,8 0 . $3000 5$23.680. _ $30000. _ $26,700.00 $240.01 0 $21,36000 $350 -00 $8.400.00 $332.00 $7.968.00 $25.00 $19,55000 $38.00_ $29,71600 $35.00 $27,405.00 $24.00 $18.792.00 $300 $2,349.00 33.00 $2.349.00 56,000.00 _ $24,000.00 $_8,800.001 $35,200.00 $32.00 54,160.00 $26.00 $3,360.00 80.001 $4.800,00, $4,80000 54,800.00' $45 $ ,$685,014.0 1 5683.43800 $450.001 $1,350001 $450.00 s 0i 57,10 50 $3000 $5,94000 $3000 $5,94000 _ $000 _ $408.00 $6.00 $40800 $200, 39,020.00 $2001 $9,020.00 $200.00 $1,600.001 $200.00 $1,600.00 550.00 f1,2��1 f�, $1,$w $30000 5300.00' $300.001 $300.001 $500.00 $500 00' $265.001 $265001 31.25 $13,183.501 $4.251 $13,18.7.50 $14.151 $18,663 85 $14 15 $18,963.85 $16.05 $6,420.001 516.05! $6,420.00 $12421 $49.183.20 $1242 $49,18320 0 301.601 530, 00.00, $30.000.00 $28,600.00 $28,80000] ESTIMATED ESTIMATED UNIT PRICE TOTAL 1 f30, 000.00 $30,000.00 1 $5000.00 $5,00.0 $36.000.00 $ 745 160.00 $111750.00 _ 70 $140.00 $9,800.00 62390 $1.25 $102,967.60 1 $43400.00 $43400.00 1 869 $ 14.50 $12,412.00 _ 89 $240.00 $21.360.00 24 $200.00 $4,800.00 782 $35.00 $27,370.00 783 $47.50 $37,19250 783 $6b0 $5089.50 4 $2 .00 $9400.00 130 $25,00 $3250.00 7 1 11 $8600.00 $8,600.00 $708.666.50 3 $150.00 $450.00 198 520.00 53860.00 68 $8.00 {7.20 $544.00 4610 $5,41200 B 5200.00 _ S7,6W 00 48_ $100.00 500,00 1 320.00 $20.00 1 Moo $20000 3102 $3.60 11,787.60 $6.615.90 _ 131E ]6.10 400 $10.00 $4,000.00 _ 3960 5980 539 .00 1 • 1,000.00 _S21,000.p0_ 0 0 0 CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 612 - 2344209 BID TABULATION SAP 133 - 104-04 - CITY OF HUTCHINSON LETTING NO. 31PROJECT NO. 96-04 BID OPENING: 07/01/19% AT 11:00 AM ITEM I SPEC. NO. REF. 038_ 2340,508 039 2340,514 040 2357,502 04 1 _ 0412.802 042 2442.501 04 _ 250_1.515 044 2501.521 045 2501.525 048 _0501.802 bl7 0501.602 048 2503.541 D50 051 052 053 054 2503.541 2503.541 0503.602 0504.602 0504.602 D57 058 059 060 061 062 063 064 065_ 06_8 067 D68 089 071 072 074 075 076 On 07_8 079 0504.603 0504.605 0504.807 0504.607 0504.620 2506.501 2506 516 2506.521 2506.5 _ 0506602 0514.801 2521.501 2521,511 0521.6G4 2531.501 2531.507 0563.601 2564.531 0564.602 0564.602 D564 602 6564.603 REM DESCRIPTION TYPE 41 WEARING COURSE MIXTURE_ TYPE 31 BASE COURSE MIXTURE BITUMINOUS MATERIAL FOR TACK COAT RELOCATE PLANTER -- -_ -- REMOVE OLD BRIDGE 800 MM R C PIPE APRON 11 MM SPAN RC P CULV CL I IA_ 1110 _MM SP RC PIPE -ARCH APR _ _ TRASH GUARD FOR 6_00 MM PIPE AP TRASH GUARD FOR 1200 MM PIPE APRON 300 MM RC PIPE SEWER DESIGN 3006 CL V 375 MM RC PIPE SEWER DESIGN 3008 CL V 450 MM RC PIPE SEWER DESIGN 3008 CL V 600 MM RC PIPE SEWER DESIGN 3008 CL III CONNECT TO EXISTING MANHOLES CONNECT TO EXISTING WATER MAIN INSTALL HYDRANT ADJUST GATE VALVE 152 MM WATER MAIN- DUCTILE IRON CL 52 203 MM WATER MAIN- DUCTILE IRON C 52 100 MM POLYSTYRENE INSULATION 152 MM GATE VALVE AND BOX____ 203 MM GATE VALVE AND BOX DUCTILE IRON FITTINGS CONST DRAIN STRUCTURE DES 1200 MM 4020 INSTALL CASTING ADJ UST FRAME 3 RING CASTING RECONSTRUCT DRAINAGE STRUCTURE PRECAST CONCRETE EROSION CONTROL MAT 50 MM CONCRETE WALK _ 50 MM BITUMINOUS WALK SAWING CONCRETE WALK CONCRETE CURB 6 GUTTER DESIGN B 618 200 MM CONCRETE DRIVEWAY PAV EMENT UNIT T T L EACH LUMP SUM K4 EACH EACH EAC M _. M M M EACH EACH EACH _ EACH M M2 ASSEMBLY ASSEMBLY KG M _ EACH EACH SIGN PANELS TYPE C PAVEMENT MESSAGE (RIGHT ARROW) EPDXY PAVEMENT MESSAGE (STRAIGHT ARROW) EPDXY PAVEMENT MESSAGE (LEFT -THRU ARROW) EPDXY PAVEMENT MESSAGE (RR CROSSING) EPDXY 100 MM SOLID LINE WHITE -EPDXY 400 MM SOLID LINE WHITE EPDXY EACH M2 M2 M2 M M M2 LUMPSUM EACH EACH EACH _ EACH M M IMATEO ANTTIY BID QUANTITY 560 840 970 3 1 1 _ 42 1 _ _ 1 1 14 17 21 47 2 2 1 2 16 - _ - 113 9 1 1 310 13.72 10 1 8 3 35 935 320 _ 3 590 204 1 3.85 2 1 1 445 _86 CITY OF HUTCHINSON 111 HASSAN HIJTCMNSON 32U -234 ST BE MN 65351 -4209 JOHNSON 23577 MN LITCHFIELD 320.693 BIO PRICE $32.50 $31.46 $0.53; $150,001 $20,000.00 $375.001 $266.00 5725.00 $275.00 5450.00 $81.00 585.00 $92.50 $114.50 5550.00 $400.00 $400.00 $250.00 $86.50 39550 $1060 $63800 $768.00 54451 $540.00 $360.00 $200.001 5300.00 5500.00 $70.00 $32.00 $11.95 $20.00 $26.55 $35.30 $10,000.00 $263.72 $10500 $105.001 $155 $470.001 $1.671 512.50, BROS., INC. STRUCTURAL SPEC., INC. HWY 22 P O BOX 502 MN 55355 '�, HUTCHINSON MN 65350 -9192 320- 587 -6719 BID TOTAL BID PRICE BID TOTAL $18,20000 $3250 _$18,20000 $31,45 $26.418.00 $51410' $0.53 $514.10 $45000 $150.00 5450.00 $20,000.00 $8,700.00 $8,700.00 5375.00, $375.00 $375.00 $11,17200. S266.00 $11.172.00 $725.00' $725.00 $725.00 $275.00 S275.00' $275.00 $450.00 $450.00' $45000 51,134.00 $81.001 $1,13400 $1,445.00 $85.00 5744500' $1,94250 $92.50. $1,942.50 $5,381.501 S114.50' $5.381.50 $1,100.001 $550.00, $1,10000 $600.00 $'100.001 $am 00 $400.001 $400 D0 $400.00. $500.00' $250 DO $50000' $1,304.00 $86.50 $1.30400 $10,791.50 $95.501 $10,79150 $95.401 $10.60' $9540 $638.00 _$838.00 : $638.00 $7( 8.00 5768.00E $76800 S1,37B.50 $4,45 $1,379.50. $7408.80 $540. DO $7,408.90 $3,6D)W, $380.00' $3.600.00 5200.00 $200.00 $20000 $2,400.00 $300.00 $2,400.00 $1,500.00 550000 $1,500.00 $2,450.00 599.001 $3.46500' $29,920.00 $32.001 $29.920.00 $3,824.00 $11.951 $_ 3,824.00 $60.00 $20.001 $6000'. $15,66450 $33.001 $19,470.00 $7,201.201 $3800 $7,344.00. $10,000.00! $15.300.001 $15,300.001 $1.015.32 $258.00' $993.30 $210.00 $105.00 $210001 $210.00 $105,00' 5210.00 $155.00 $155.00 $470.001 $470.001 $470.001 $743.15 $1.67 $743.15 $1,075.00 $12.50 $1.07500 ESTIMATED _ ESTIMATED UNIT PRICE TOTAL 650 $31.75 $17780.00 840 $31.75 526,670.00 970 30.36 $339.50 3 3200.00 $MOO _ 1 $15,700.00 515,700.00 1 /2 $500.00 $600,00 $=.60 $14.700.00 1 $1000.00 $1,000.00 1 3800.00 $600.00 1 31.500.00 $1, 500.00 14 $85.00 $910.00 17 378.00 $1.275.00 21 360.00 $1080.00 47 $98,67 $4,632.79 2 S250.D0 $600.00 2 $150.00 $300.00 1 $800.00 $800.00 2 $150.00 $300.00 1e 560.00 Seoo. 113 MOD 38 .216.00 B $18.00 $162.00 1 3500.00 $ 500.00 1 3600_00 $3,00 _ $600.00 $83000 310 3.72 $476.00 38,517.00_ 10 $300.00 $3.000.00 1 $100.00 $100.00 - s MOD 1,90000 3 $800_00 $1,80000 35 $60.00 $2100.00 935 $19.00 $17,765.00 320 S11.D0 $3,520.00 3 38.00 $24.00 590 $21,00 $12 204 $30.00 1 $6.120.00 )A9 $8,000100 $7,920.00 765 2 _$270 $66.00 31,039.50 5730,00 2 $05.00 $130.00 1 $65,00 386.00 1 $65.00 $86.00 416 $1,65 573126 $4.80__ 5112.80 h:Umppmj11996V7idtabV3.wk41Page 2 • CITY OF HUTCHINSON, 111 HASA SE, HUTCHINSON MN 55350 612- 234 -4209 BID TABULATION SAP 133 -10404 - CITY OF HUTCHINSON LETTING NO. 31PROJECT NO. 96-04 BID OPENING: 07/01/1996 AT 11:00 AM ITEM SPEC, JOHNSON BROS., INC. 23577 MN HWY 22 LITCHFIELD MN 55355 3204393 -9192 BID PRICE 810 TOTAL $19.15 $143.63 $3.65 $992.80 $14.45 $1,616.40 $1.80 $2700 $200.00 $1.000.00 $7.00 $770.00 $2,600.00 $442.00 $10.00 $90,00 $2,70 $5,130.00 $275.00 $220.00 $43000 $73.10 $2.40 $1,16400 $2.00, $72,00 NO, REF. ITEM DESCRIPTION 081 0561 803 600 MM SOLID LINE WHITE -EPDXY 082 0564.603 1100 MM DOUBLE SOLID LINE YELLOW -EPDXY 083 0564.603 1600 MM SOLID LINE YELLOW -EPDXY 084 0564 603 100 MM BROKEN LINE YELLOW -EPDXY 085 2571.541 'TRANSPLANT TREE (80 MM CAL DECIDUOUS) 086 2573.502 $SILT FENCE, TYPE HEAVY DUTY 087 2575.501 SEEDING 098 2575502 SEEDMIXTURE50A 089 2575.505 SODDING TYPE LAWN 090 2575 511 $ MULCH MATERIAL TYPE 1 091 2575.519 'DISK ANCHORING 092 2575 523 WOOD FIBER BLANKETS TYPE REGULAR 093 2575.532 COMMERCIAL FERT ANALYSIS 10 -10 -10 ( CATEGORY TOTAL (TOTAL - SAP 133- 144 04 - LETTING NO. 3IPROJECT NO 96-G4 _ UNIT M M M M TREE_ M HA KG M2 T RA M2 KG BID QUANTITY 7,5 272 _ 112 15 5 110 _ 0.17 9 1900 0.8 0.17 485 36 CTTYOFHUTCHA4HON 111 HASSAN ST BE HUTCHINSON MN 66$0 320 - 234-4209 JOHNSON BROS., INC. 23577 MN HWY 22 LITCHFIELD MN 55355 3204393 -9192 BID PRICE 810 TOTAL $19.15 $143.63 $3.65 $992.80 $14.45 $1,616.40 $1.80 $2700 $200.00 $1.000.00 $7.00 $770.00 $2,600.00 $442.00 $10.00 $90,00 $2,70 $5,130.00 $275.00 $220.00 $43000 $73.10 $2.40 $1,16400 $2.00, $72,00 STRUCTURAL SPEC., INC. P O BOX 502 HUTCHINSON MN 65350 320- 567 -6710 BID PRICE BID TOTAL $19.15 $14363 $3.65 $982.80 $1445 $1,618.40 _ $1.80 _ $27.00 $300.00 $1,500.00 $1150 $1,265.00 $2,500.00 $425.00 $20.00 $18000 $3.60 $8,840.00 $1, 1 DD DD 8680.00 $1,_23500 $209.85 $240 $1,164.00 114.45 $160.20 ESTIMATED E1TTgMTED UNIT PRICE TOTAL 87-20 854.00 83,30 8897.60 $7.20 3806.40 i1.75 82826 $150.00 $750.00. $8.25 $007.60 82866.00 $604.06 $5.00 $45.00 $2.10 $3,99000 $140,00 $112.00 $240,00 $40.80 $1.26 8808.25 . $2.00 $72.00 7270218 $346,458.45 _ $347,628 $1,016,388.08 _ _ _- S1,OB7,B73A5 j $1,377,598.01 h:VmpprgY199ftldtabV3.wk41Page 3 • 1 L i M E M O R A N D U M July 3, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Approving Memorandum of Understanding (MOU) for TH 22 Bypass Construction Although it appears as if we have previously signed this document, Mn/DOT • apparently would like reconfirmation. This document has no binding authority, but acts only as a frame of reference for future negotiations and agreements. The only issue that directly effects the City is paragraph VI(a) which notes that when the TH 22 bypass is completed, the Washington Avenue portion of existing TH 22 will be given back to the City. The City will then be eligible for State turnback funds for reconstruction. cc: Cal Rice • City Center 111 Hassan Street SE Hutchinson, MN 55350.2522 (320) 587 -5151 Fax (320) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (310) 587 -2975 Fax (320) 2344240 Police Sen4ces 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2142 + Fax (310) 587 -6427 - Printed on recycled paper - 0 MEMORANDUM OF UNDERSTANDING BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION ( "Mn /DOT "), THE COUNTY OF McLEOD AND THE CITY OF HUTCHINSON REGARDING EARLY COORDINATION IN THE DEVELOPMENT OF A HIGHWAY FACILITY ON NEW LOCATION NEAR THE EASTERN EDGE OF THE CITY OF HUTCHINSON. SECTION A. LOCATION OF PROPOSED NEW FACILITY From a point on T.H. 22 at or near the Southwest corner of Section 9, Township 116 North, Range 29 West to a point on T.H. 7 at or near the West line of Section 33, • Township 117 North, Range 29 West. SECTION B. PURPOSE AND SCOPE The Memorandum of Understanding ( "MOU ") is not a binding agreement and that any binding obligation of the parties to this MOU will be made pursuant to written, and properly executed and approved agreements. It is intended to provide a standard means of communication between Mn /DOT, the County of McLeod and the City of Hutchinson; to assist these three agencies in complying with related legislative and statutory requirements; to help avoid untimely delay or disruption in the necessary planning and to acknowledge the responsibility of local government • to accept turnback of a portion of existing T.H. 22 upon completion of the new facility which is to become the new T.H. 22. 9--1); SECTION C. PROVISIONS • NOW, THEREFORE, Mn /DOT, McLeod County and the City of Hutchinson, state the following: I. The County of McLeod, as the lead Agency, intends to be the party responsible for accomplishing all work necessary to prepare the project for letting. Such work may include but not be limited to acquiring the necessary rights -of -way, conducting surveys, soils investigation, preparing project documents, preparing construction plans, specifications, and prepare the project for letting, and, II. Mn/DOT intends to be responsible for furnishing engineering and inspection • forces necessary for the construction of the project, and, III. That Mn /DOT intends to be responsible for making all progress and final construction cost payments as required under the construction contract, and, IV. That upon completion of the project, the Mn /DOT intends to designate and maintain the newly constructed highway facility as a portion of T.H. 22. The portion of T.H. 22 replaced by the new facility will revert, as provided for under Minnesota Statutes 161.082, 161.16 and 161.24, to the appropriate units of local government as follows: • • a. Washington Avenue from T.H. 15 to Adams Street -- to the City of Hutchinson. b. Adams Street from Washington Avenue to the south corporate limits and then south and east to a junction with T.H. 22 at a point at or near the Southwest corner of Section 9, Township 116 North, Range 29 West — to the County of McLeod. VII. That also upon completion of the Project, Mn /DOT will reimburse the County of McLeod for all administrative and engineering costs associated with preliminary engineering, right -of -way acquisition and design. • SECTION D. AMENDMENTS I. This MOU may be amended as necessary to comply with new laws, rules and regulations and/or any changes deemed appropriate when mutually agreed by Mn /DOT, the County of McLeod and the City of Hutchinson; any of the agencies may propose amendments. II. This Memorandum may be terminated any time upon written notice by any of the agencies. • 3 III. This Memorandum shall be effective immediately and continually until decided otherwise by any of the agencies. COUNTY OF J21C BY - �""'T h , Chairman of County Board DATE : 0 CITY • ' ow i e DATE: G - /o - 96 E STATE OF MINNESOTA D '.. j"., District Engineer DATE: ?4 zz I!F-% • 4 • HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY 111 Hassan St. SE Hutchinson, Minnesota 55350 — (320) 234.4251 • (320) 234 -4235 • FAX: 320 -234 -4240 EQUAL HOUSING OPPORTUNITY Memo To Mayor and City Council 14.L Memo From: Jean Ward, HR.A Executive Director�� Memo Re: Request to Schedule Public Hearing Date for submission of rehab grant application Date July 2, 1996 The HRA is currently working on re- submitting the Adams Street Small Cities Rehab Grant Application. As part of that process, we are planning on holding a homeowner meeting on July 17, 1996 for informal input into the application. We are also required to hold a public hearing for comment on the proposed application Based on DTED staff recommendation the application will be re- submitted and will remain substantially the • same as last year However we are hoping that 1996 will be a more typical year in terms of the number of small cities applications submitted. (In 1995 forty-nine applications were submitted versus in 1996 seventy applications were submitted). We therefore respectfully request authorization to set a public hearing date for Tuesday, August 13, 1996. • 9_mot DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE' JANE VAN VALKEN13URG RICHARD G. M CATHRYN D. REHER WALTER P. MICHELS, III ALSO ADMITTED IN TEXAS AND NEW VORA Gary Plotz Hutchinson 111 Hassan Hutchinson, 2 t City Center Street SE Mn. 55350 G. BARRY ANDERSON July 5, 1996 Re: Johnson (Harmony Lane) Issue Our File No. 3244 -96097 Dear Gary: OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX 1612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)389 -2214 FAX 1612)389 -5506 JUL 5 1996 01 I write to you today regarding the above referenced matter. I believe you already have in your possession a copy of the proposed order to be considered by the Hutchinson City Council at its meeting this coming Tuesday evening. I write to you today to bring the Council up to date on my contact with the property owner, Chris Johnson. Mr. Johnson called my office for the purpose of advising me that he is well on his way to cleaning up his property having already filled at least one commercial sized dumpster with refuse pulled from his garage and home. He was disturbed that the issue had become a matter for public discussion but I advised him that when a complaint is filed with the City Staff and it becomes an agenda item for the Hutchinson City Council it becomes a matter of public record and certainly news and thus subject to coverage by the local media. We then discussed the issue of the rats. He emphatically denies that his property has anything to do with the propagation of the rats and categorically stated that there was no evidence of any sort that the rats in fact emanated from his property. As far as I know the city does have no direct evidence that the rats are coming from his property but there is circumstantial evidence linking his property to this problem. I advised him that this was a public health concern and that the city was intending to aggressively pursue the matter but that if he did clean up the ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (320) 587 -7575 FAX (320) 587 -4096 RESIDENT ATTORNEY 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 Gary Plotz July 5, 1996 page 2 property by the proposed deadline I thought it very unlikely that any action would be taken against him. If you have any questions or problems in connection with any of the foregoing, you certainly should feel free to contact me. Thank you. Best regards. Very M G . GBA:7m i 9 DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS. III 'ALSO ADHIT D iN rEXAA AND NEW YORK S i Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON June 26, 1996 Re: Johnson Hamony Lane Issue Our File No. 3244 -96097 Dear Gary: OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 1612) 5459000 FAX (612) 5451793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 5 (612) 389 -2214 FAX 1612) 389.5506 AN- 5 1996 Ch I am enclosing herewith a copy of the proposed Order to be considered by the Hutchinson City Council at its first regularly scheduled meeting in July. This Order will need to be amended to include the legal description, but it can be included int he Council packet for consideration at the next regularly scheduled City Council meeting. Under Minnesota Statute 8463.15, once the Order has been served on Mr. and Mrs. Johnson, they have 30 days to fix the problems relating to the property after which time the City is entitled to go in and correct the problem and assess the costs against the property owner. There are certain other procedural requirements which must be met, but which are not relevant to this correspondence. Also enclosed is a copy of my letter to Jim Marka which is self - explanatory and which should be included with the Council packet. Thank you for your time and attention to these matters. Best regards. Very truly yours, .SRN D, ANDER N & DOVE) P.L.L.P. `�. B rry der on GBA:lm EnclosurE9 RTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION * CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (320) 58 7-7 575 FAX 1320) 587 -4096 �F NOTICE OF ORDER TO REPAIR OR REMOVE TO: CHRIS JOHNSON AND DOLLY JOHNSON Pursuant to the authority of Minnesota Statutes §463.15 through §463.261, you are individually and collectively ordered to repair or remove the structure located at 626 Harmony Lane, Hutchinson, Minnesota, 55350, legally described as: Said structure constitutes a hazardous building as defined by Minnesota Statutes §463.15, Subd. 3. A copy of the report prepared by the City of Hutchinson is attached hereto and incorporated herein which outlines the dangers and hazards of said structure which include allowing conditions to develop which promote the existence of rodents and public health hazards. For further information on necessary improvements, contact the office of the Hutchinson building official. These improvements shall be made within thirty (30) days of the date of this Order. A motion for summary enforcement of the Order will be made to the District Court of McLeod County, First Judicial District of the State of Minnesota, unless corrective action is taken or an Answer filed within twenty (20) days from the date of service of this notice. The cost of any corrective action taken by the City of Hutchinson pursuant to Court Order, including the cost of repair, removal or enforcement, shall be charged against the real estate as provided by Minnesota Statute §463.21. 9 -F Adopted this _ day of July, 1996. CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Attest: Gary D. Plotz City Administrator L n NE;�klx- mho Iwa d, u b��ao r�s,AE IWO � 17,09vE Nei 16:�5Cs;mwaA �E��� ►�Nb o� m .,1E kA✓f — // �o.J� , ,aE �ii s ,ba�l��- f�,q,J. G�� .,� ✓� �� �r¢EF y E's�s .� lWb nn r6 & .l /1li ii»�p // QOC.f�ys / 14 0 /.✓ / AWe -. i'P- �ra. o -/ Cam, , / � 14 /���%� ��x� A mz p,0 <r /�f<l z 7ial(� 4 rvlE IO4op iZ ✓ �S S7�EOr� h� �✓ l � fa /�.i� 8x�' w�� f�� w.� v,L' �r� JJ �IiEC� /�E Qr < ` S ' �i�'/Er7� /� l�lt✓ .6t �0/'�E• -�lE Ci� /7i4j / /f� �e Sr� O� E 631 0 MEMORANDUM OAS July 9, 1996 Oft City of Hutchinson FROM Nancy Dennehey, 635 Harmony Lane 3MM49 Public Nuisance -626 Harmony Lane Paul Lepinski and myself met with Mr. Jim Marka and G. Barry Anderson, City Attorney, on Friday, July 5, 1996, to present another dead rat. At that time it was suggested that each concerned neighbor put together a letter stating exactly what we want the city to do. My requests and questions that I would like to have answered are as follows: • I want the city to have a reputable pest control company contracted to rodent proof our homes, including the Johnsons, since I believe this where the problem • originates. I talked with Harold Adams yesterday who owns Adams Pest Control and he said rats need food, water, and shelter to survive. The type of shelter they prefer is an unsanitary area with lots of debris. I believe this describes the Johnson residence. I would recommend Adams Pest Control (800 /227 -2214) because I've had contact several times with them. They have been more than helpful and are now familiar with our problem. Any costs incurred I feel should be paid for by the Johnsons or the city. • The decaying debris and garbage needs to be cleared away from the property and not allowed to build up again to deter another rat infestation because this is the perfect rat breeding environment -will the city enforce this? • Since a f"li led dumpster has been sitting on the property for a week now, I am fearful that the Johnson's are not taking their July 18th clean-up deadline seriously. I'm concerned that we might have a repeat of what happened last year when the Johnson were ordered to clean-up the property and all they did was remove one car and cut the grass. Although these minor efforts seemed to appease the city at that time, I hope, at this time a more substantial effort is required by the city. • Chris said in the paper his house needed to be painted- when ? -by the July 18th deadline? Could the broken windows and rotting wood also be fixed? How about the bird population living in the east walls of the house - should they be removed? Is it okay for them to use the back porch and basement of the house with the windows and doors broken out as a dog kennel? How about other rodents coming and going as they please? !, • Is it a fire safety hazard to have cardboard boxes and insulation blocking the windows? • How many unlicensed cars can a person have sitting on their property and for how long? • Does this house need electrical, structural, fire code inspections to determine if it is safe for human habitation? • If they haven't complied by the deadline, what is the city prepared to do? Harmony Lane is a really nice street, go down it anytime and you see people working on their yards, doing home improvements projects, taking care of their investment. I believe 626 Harmony Lane has devalued the whole street and especially those of us who live right around it. It has created an embarrassement to myself and my family. Friends and relatives always ask - "what is with that place ?" I think it is time the city steps in and determines if this house is salvagable and enforces the clean-up and that it stays that way. Thank you. • r:,,,,. n;, ice... 0 s July 9, 1996 Mr. Jim Marka Director of Planning Building and Zoning City of Hutchinson, MN Dear Mr. Marka: This is a request for extermination of existing and prevention of infestation of rats on our property to be paid for by the city of Hutchinson. Before the cleanup at 626 Harmony Lane goes any further it is imperative that the rodents exiting that property after being disturbed be controlled and exterminated. We also expect that the property be monitored by local officials throughout this cleanup and that the demands of the city be enforced, keeping in mind the minor child living in this house as well as the children housed daily at the day care center located next to the house. Personally, I am shocked that the health and well being of the child in this house was not immediately and seriously questioned by the proper authorities. This issue cannot be overlooked and accepted any longer. Mr. Johnson stated to the Hutchinson Leader that there was no problem at his residence. When a dumpster the size of those used for construction has to be located on the property and is filled within two days there i$ a Is problem whether the refuse removed is from the house, garage or both. 9—r Due to the infestation at this residence we have found one dead rat in our yard - which we brought to your office. We have witnessed rats in our dog kennel for the last three weeks and around our yard in March and April. Because of the freedom we enjoy in this country we can't dictate that our neighbors maintain a level of aesthetic pleasantry and cleanliness that most of us accept as our responsibility, i.e. painting house, mowing lawn, removing dead tree limbs, and controlling weeds. We have the right to have our homes and property protected from rodents and bad odors caused by the callous neglect of residents in our neighborhood. We also expect that the property be monitored by local officials throughout this cleanup and that the demands of the city be enforced, keeping in mind the minor child living in this house as well as the children housed daily at the day care center located next to the house. Personally, I am shocked that the health and well being of the child in this house was not immediately and seriously questioned by the proper authorities. This issue cannot be overlooked and accepted any longer. Mr. Johnson stated to the Hutchinson Leader that there was no problem at his residence. When a dumpster the size of those used for construction has to be located on the property and is filled within two days there i$ a Is problem whether the refuse removed is from the house, garage or both. 9—r • Page 2 Why was the dumpster not removed when filled and replaced with an empty one? what will be the penalty for non - compliance with this order and will the penalty be strictly enforced without regard to the fact that Mrs. Johnson is a county employee? We have heard from several people that her employment has had a bearing on looking the other way. If true, that is discriminatory and grossly unfair to those of us who are not employed by the county government. Thank you for your assistance to this point. We understand that this is an uncomfortable, unpleasant situation for everyone involved, including the Johnson family. It was also their responsibility to prevent this sort of action from taking place. Sincerely, It Paul and Deborah Lepinski 606 Harmony Lane Hutchinson, MN 55350 cc: Hutchinson City Council Mayor of Hutchinson L] July 3, 1996 Perpetual funds have been collected and interested earned since the early 1980's. We have been adding to this fund without any withdrawal since its approval. Currently the funds on hand equal $110,521 and is part of the General Fund cash balance. The requested use of these funds appear to be authorized by state statue which has been attached by Floyd for your review. Council authorization would allow the use of the perpetual care funds for use of the road construction estimated to cost $12,000. This would allow, again if authorized by the council, use of budgeted funds for road improvement to be used for building improvements at the cemetery. d:aac \Ca l.,.,d Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Printed ,n recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 9 — Fax (612) 587 -6427 City Center I11 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 ,n recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 9 — Fax (612) 587 -6427 M E M O R A N D U M May 31, 1996 TO: Ken Merrill, Finance Director FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Consideration of Utilizing Perpetual Care Funds for Cemetery Roadway Improvements Attached please find information from Floyd Groehler and Doug Meier regarding paving roads within Oakland Cemetery. We had $5,000 budgeted for building repairs and upgrade and $6,000 budgeted for road upgrade. We would like to complete $12,000 of roadway paving utilizing the Perpetual Care Fund, and utilize the $11,000 to help in repairing the Vault Building. These funds will only partially cover expected costs of building rehabilitation. Repairs proposed for the building include tuck - pointing and shingling. We would also like to review the potential funding of restroom and waiting area improvements. It appears as if this work can also be completed utilizing the Perpetual Care Fund. I suggest that you, Doug, Floyd and I meet to review expected costs and potential funding. I will talk to you next week about setting up a meeting. Attachments cc: Doug Meier Floyd Groehler Ciry Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (611) 587 -5151 Far(612)234.4240 Parks & Recreation 900 Harrington Street SW Hutchinson. MN 55350 -3097 (612) 587.2975 Fax (612) 234 -4240 Panted on renried paper - Police Sen ices 10 Franklin Street SW ^ Hutchinson. MN 55350 -2464 , (612) 587 -2242 Far (612) 587 -6427 El • � t. a u. 1 r. •y' .r r. u J Attached please find copies of a memo received from Floyd Groehler, Cemetery Supervisor, proposing the funding of cemetery roadway improvements. I have reviewed this proposal and concur with it as attached. I am now forwarding the proposal to you for further action. City Center Hassan Street SE Hutchinson. MN55350 -2512 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson. MN 55350 -3097 (612) 587 -2975 Far (612) 2344140 Printed nn rrnrted paper . Police Sen ices 10 Franklin Street StV Hutchinson. MN55350- 2464 (611) 587 -1242 _� — Fax (612) 587 -6417 1 W z . ,}, • ' • • , 1 • 1 �ii wa�i-wP:�l. /1•-1.11 SUBJECT: F i n di ng • t he , • , 1 • • Cr t r This is a request for the use of $12,000.00 from the Perpetual Care Fund to blacktop the roadways in Oakland Cemetery. The use of this fund for this purpose is mentioned in State Statute 306.79 as "improvement of roads ". I would also request that the funds budgeted for roadwork be shifted to the line for buildings so that supplies for the renovation of the Vault building could be purchased and possibly some work could be contracted. Cip Center 1/1 Hassan Street SE Hutchinson, MN 55350 -1522 (612) 587 -5151 Far(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (611) 587 -2975 Fax (612)234 -4240 Primed on rervrled paper - Police Sen ices 10 Franklin Street SlV Hutchinson, MN 55350.2464 (612) 587 -1242 Fax(612)587.6427 F7 § 306.78 CORPORATIONS fund, which shall be paid over on the first days of January, April July, and October of each year to the trustee or trustees of said fund, and such payments shall thereafter become a part of such permanent care and improvement fund. The term "burial space" as used herein shall include private rooms, crypts, niches or other designated space in which the bodies or ashes of deceased persons are placed for permanent burial in a mausoleum. Historical Note Derivation: Laws 1943, c. 133, § 2. St.1927, § 7616. Laws 1977, c. 198, § 1. Gen.St.1923, § 7616. LAWS 1917, c. 95, § 3. Laws 1977, c 198, § 1 am ended this section by providing that not leas thaCemetery Per cent of the proceeds of sales of Jots hereafter made. taws 1943, C­ 133, amended this sec. tion by providing that cemetery lots do not include mausoleum space, that at least 10 per cent. of proceeda of sale of mausoleum apace be paid over W fund, and by defining burial apace in mausole. um. Notes of Decisions 1. In general Where primary purpose of construc- tion of administration building on ceme- tery was to aid proRt- making aspect of business of corporate taxpayer, operator of cemetery, and lot holden were only incidentally benefited, sum withdrawn for construction of building from tax- payer's permanent care and improve- ment fund, pursuant to § 306.79 permit- ting that part of such fund in excess of specified minimum to be used for exec. tion of buildings for operation of ceme- tery. constituted taxable income to tax. Payer. Crystal take Cemetery Assn Y. U. S -. C. A. 1969, 413 F 2 617. 306.79. Principal inviolate; invested in certain securities The principal of such permanent care and improvement fund shall forever remain intact and inviolable and invested by the trustee or trustees in the same class of securities only in which savings banks are authorized by the laws of this state to invest their funds, except that the association may, by resolution adopted by vote of at least two-thirds of the members of its board of trustees at any authoriz- ed meeting of the board, authorize the withdrawal and use of not more than 50 percent of the principal of such permanent care and improvement fund for any or all of the following purposes; for the acquisition of additional land for cemetery purposes for the erection gL a chapel, greenhouse, or other buildings desirable or necessary for the operation of such cemetery, or for the building or improve ment of road and avenues in such cemetery; provided, that the fund shall at no time be diminished to an amount less than $1,000 per acre for each acre of land in the cemetery. Upon presentation to such trustee or trustees of a certified copy of the resolution adopted, as aforesaid, such trustee or trustees shall at once comply 788 CITY OF HU TCHINSON PURCHASE REQUISITION ACCOUNT NUMBER - SUBMITTED BY - DATE IUDGETED? Yes No If No Funds will cone from)- DATE MANTED - URCHASE ORDER N0. - APPROVED: Director - Finance Directo r VENDOR NAbIE: _ SHIP TO: AITY OF HUTCHINSON VENDOR ADDRESS: y Address if OTHER THAN Cit Hall: Check if only source available and Place reason in comment section on back. .............. VENDOR VA'.IE: `f ') MN a r SHIP TO VENDOR ADDRESS: 7 :z Q Address • ADDItIONAL QUOTES 8 C01llENTS ON REVERSE SIDE #,�L4 50 GRAND TOTAL , 8 9 GRAND TOTAL Mid- Minnesota Hot Mix, Inc. P.O. Box 239 Annandale, MN $3302 Office (320) 274 -3037 PROPOSAL raoro:u. r+ienrrtn ro Chkland Camel ' 234.4455 ° " 4115 /9(y rT[[R Oakland Ceme `r Hutchi MN �Arp" Hutchinsm MN W..w+,.M..'r d.,.pY SW YY..n Ir Per ton price is based on quantity of approximately 500 tons of bituminous. -Price includes paving and rolling of 3 to 3 1/2 inch bituminous met. - Paving to be done at various locations throughout cemetery. -At no point shall the width of an we to be paved be less than B feet. PRICE ........ ..............................5 24.50 per ton Price DOES NOT Include: - Preparation of area to be paved. - Furnishing, delivering, or placing Class 5 aggregge base. F /yam! /;'Iziq Y`"s "r �U �cnsc Cn //, 76 We Propose to furni[h material and labor - complete in accordance with above spocificalio,n. for the [pun of dollar ( rAt11LlRT E[rAM AS IOLU)WT A�rra.da MrYaIYMr PriN YwaYa.awN.Y[. a.YYarM. _ _— wwn ...r�Y Y r1Ud.a rYy., Aq iw.9s r [..rw {.r �. *.rirr.r Adrind .•.�..a•w.�.0 N1. r.a..ary M..ar.MaWN1..wYnA. aVf�a hfwa Yr ew.d DYarrupiar.Wtal b. re..wr YYr.e. 4wl... r. r04[ h6r, [.y. Acceptance of Proposal- Tk.►... ra +s....,..�,..a:... W nNfed"y Y.d W. baby "npkd Y" an rdwkt /,a Ice dr Y.A w ys.W.l Taywuviti[wM wwiel.Mn. --_ -- DATR OP AM. 7rrAMp SMA7VRE ...END... q_� Yew Nn WM. MUELLER & SONS, INC. ROAD CONTRACTORS • WASHED SAND & GRAVEL REDIMIX BLACK TOP • BLACK TOP SURFACING HAMBURG, MN 56M FAX 612467,'1 " PROPOSA AL AL Np ACCEPTAN N R JA y`d L e M le I ot rR DATE ,. I Flo �� ass. st s, S ia,TE N ' 11 ZIP CODE � �+^ h c ��S L O /` k ��; > 3 � D J OC�}TIQN i1TFCT e �. r- C e >✓• etu r ffN� GATE OF IIANS ADS PHONE +ereby wbm;r sped };cations and eshmmes e $ o o O e r e Propose her umiah / �y morpipl nd labor —tom Jere ;n We V e O J I P ocwrdome w;rh abw� sp�cil;car;ons. }or rM aum d: UPON RECEIPT OF STATEMENT. ddfen (S �O r ege_.) IF ACCEPTABLE, PLEASE SIGN & RETURN YELLOW COPY. All "ftriel n t/r.ererrrMd b b• as rpwd'yd M I ' k e mwrMr ec�d:np re +re•derd Prw r:cn. My elyrer�en rpeclfkerbna °� b b• cerr,pb, er a verkmar- ` e.r•e tort+ -ill b• e.ecvNd en w de.brlen Item oboe Authorized +III becwne an earro cho•pe wor orb h• upon +ri order, upyn art }� e[cidwrrr or dao.e rtre errimpre AE o9r cenrl aad S19nelur —d ,h- beyond aw caned eemenq ripen neCnury •ravronce Ou erl1en Owner b terry fire. rwnodo penrehw, mswongr we linty Ce.vad by Work"., Nora This r Com. P olaoaol may be ^ /�.L�14 w;thdrown by w ;I rqt accepted within I r Acceptance Of Pro d ays end cendirrons we aerwlecr I"' "a" . nOC ebo.e pCea. apecllker;a,ra I PCP Cie the er a vb °ry end ore hereby wcWNd. you we avtl.wiaed aPwifiad. Itrymenr ..W M ,,rode all er.tlkyd ebeve. Slgnoture Dore of Accepfence Si"lure •A�.epF �MTtD M u4A N T E R MEMO O F F I C E Date: July 9, 1996 To: Mayor & City Council From: Marilyn J. Swanson, Administrative Secretary W.V.S. Marketing, Inc. (also known as Hometown Super Saver) has requested a 1996 peddler/ solicitor license. They have been issued said license by the City of Hutchinson since 1992. The company does telemarketing/advertising for service and merchandise coupon cards of local participating businesses. Again this year, the Hutchinson Boy Scouts Troop 246 and KKJR will be sponsoring the coupon card known as the Hutchinson Hometown Super Saver. To date, there have been no complaints filed regarding this company's business operation. cc: Steve Madson, Police Chief I ho-Al : Flu 1 �1►(I�1 THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Leonard and Doris Johnson, Fee Owner, hereinafter called the "Owner ", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City'; WHEREAS, the Owner owns property legally described as the East % of Lot 10, Block 50, North Half of City, and; WHEREAS, the sanitary sewer service to the property has had maintenance problems, and; WHEREAS, the City is in the process of constructing parking lot improvements to the adjacent property. NOW, THEREFORE BE IT RESOLVED: 1. In lieu of any additional payment for past maintenance costs for the sanitary sewer line, the City agrees to extend a new sanitary sewer service to within ten feet of the west side of the • building on the property. The service will be located as close to the existing sanitary service line as possible. No costs for this work shall be paid by the Owner. 2. The Owner shall be responsible for completing the connection from this point to the existing sanitary sewer line. It is understood that this work may require a licensed plumber. 3. The Owner shall provide a temporary construction easement to the City to allow for grading and landscaping of the Owner's property adjacent to the parking lot. It is understood that the City will remove and dispose of all unnecessary retaining walls and fill, and will landscape the area between the parking lot and the Owner's building with oak wood chips or landscape rock. The City shall also provide landscape plantings similar to those proposed to be utilized in the parking lot islands. This work shall be completed at no cost to the Owner. Leonard Johnson, Owner Date Doris Johnson, Owner Cary Plo City dministrator Date Marlin T rgers n, Mayor • /e_A . OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996, 2:46 PM page 1 ---- - -------------- 1987 IMPROV. BDS - -------- --------------- AM.NATIONAL BANK ----------- ------------------ -- --------------- PAYING AGENT FEES $311.10 - - ---- < *> $311.10* 89 IMPROV. BDS AM.NATIONAL BANK INTEREST $15,593.75 < *> $15,593.75* 1995 IMPRO CONST MID -MN HOT MIX INC .EST #7 -JUNE 1996 $3,218.22 < *> $3,218.22* 1996 IMPRO CONST COUNTY RECORDER LAND $19.50 JUUL CONTRACTING CO LETTING #9, EST 1 -JUNE 1996 $49,827.81 < *> $49,847.31* 1996 IMPROV D.S. COUNTY TREASURER FEE FOR SPEC ASSESS UPDATES $555.00 < *> $555.00* CAP.IMPRO.FUND COAST TO COAST BUILDINGS $36.23 KABLE CONNECTION, THE WASHER & DRYER $647.99 < *> $684.22* CENTRAL GARAGE BRANDON TIRE CO MOUNT /DISMT 4 TIRES $103.64 CARQUEST AUTO PARTS AIR FILTERS, OIL FILTERS $1,060.17 CITY OF HUTCHINSON JULY MED $432.09 DOYLE INCORPORATED FILTER, BELTS, CLEVIS, KNIFE $270.32 FORTIS BENEFITS JULY LTD $19.63 G & K SERVICES UNIFORMS $51.44 HUTCHINSON WHOLESALE ADHESIVE $13.99 L & P SUPPLY CO ROLLER $20.46 MN BODY & EQUIPMENT TOGGLE SWITCH, SWITCH $93.07 MN MUTUAL LIFE JULY LIFE $7.56 MTI DIST.CO BELT $147.79 POSTAGE BY PHONE JUNE POSTAGE $7.68 STEWARD ENTERPRISES CALCIUM COMPLEX GREASE $210.87 TERMINAL SUPPLY CO TS -MFK $88.97 WIGEN CHEVROLET CO REMOVE STRIPES & DECALS $68.00 < *> $2,595.70* CITY HALL CONST. HOA FURNITURE SALES CUBICLE PANELS, CHAIRS $10,633.27 < *> $10,633.27* ENERGY LOAN FD COUNTY RECORDER MISCELLANEOUS $39.00 < *> $39.00* FIRE HALL DS AM.NATIONAL BANK INTEREST $2,212.50 < *> $2,212.50* GENERAL FUND AAGARD WEST JULY PAPER RECYCLING $10.00 ADVANCED DESIGN SYSTEMS LIGHT TRANSMITTANCE METER $390.00 ALLEN OFFICE PROD SHEET PROTECT $8.66 AMERICAN RED CROSS VIDEO, BINDERS, VALVES, MASKS $107.91 ANDERSON'S DECORATING CENTER CHIP BRUSHES, DP -99 $113.45 ARNOLD & MCDOWELL JUNE COMPENSATION $6,666.00 AUTOMATION SUPPLY CO DISKS $17.27 AXT, JILANN REFUND SKATING LESSONS $15.00 B &S INDUSTRIES INC EVIDENCE FILM $518.34 BAILEY NURSERIES TREES $613.17 BENNETT OFFICE SUP. SERVICE CONTRACT $605.69 BRINKMAN STUDIO PHOTOFINISH $86.19 BROWNS GREENHOUSE HANGING BASKETS $76.68 BUSINESSWARE SOLUTIONS ADAPTER $60.02 CAMERA SHOP DEVELOP & PRINT $118.81 CANNON, MIKE REFUND ADVENTURE CAMP $18.00 CARNEYS PONY BEADS $17.34 CARQUEST AUTO PARTS METAL CONDITIONER $64.89 CARR FLOWERS GREEN PLANT -PAT VANDERVEEN $17.36 CDI OFFICE PRODUCTS LTD PENCIL, RIBBONS $694.88 ` r 1 u //_A, OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996, 2:46 PM page 2 ---------------------------------------------------------------------------------------------------- GENERAL FUND CITY OF HUTCHINSON LODGING TAX -WEST RVR CAMPGRND $30,007.97 CLAREYS SAFETY EQUIP PERFORMED PACKING $41.80 COAST TO COAST KEYS, TAPE JTL $989.76 fb COUNTY RECORDER MISCELLANEOUS $48.00 COUNTY TREASURER PARCEL CHANGE PRINTOUT $2.80 CROW RIVER VET CLINIC K -9 FOOD $592.04 CULLIGAN WATER COND PILOT VALVE ASSEMBLY, SERVICE $148.96 CUMMINS SHREDDER $180.00 DARK REFRIGERATION REPAIR & SERVICE -AIR CONDIT $38.00 DECKER, MARK REIMS SAFETY SHOES $49.99 DEPARTMENT OF PUBLIC SAFETY 2 POLICE LICENSE PLATES $6.00 DEPT NATURAL RESOURCES DNR REG FEES $747.00 DJ'S MUNICIPAL SUPPLY GLOVES, LANTERN, SAFETY SPECS $91.52 DOCKEN, MARC REIMB SAFETY BOOTS $39.95 DOSTAL, ROSA INTERPRETING SERVICES $15.00 ERICKSON OIL PROD FUEL PURCHASE $7.22 FAMILY REXALL DRUG PHOTOS $38.39 FEED RITE CONTROLS CHLORINE $465.28 FITZLOFF HARDWARE BREAKER, FUSES $202.54 FORESTRY SUPPLIERS FLAGGING, NET $44.16 FORTIS BENEFITS JULY LTD $1,539.54 G & K SERVICES UNIFORMS $857.70 GANDER, CURT & JOAN REFUND SR. SOFTBALL $12.00 GREAT PLAINS SUPPLY CEDAR STUDS FOR SIGN $223.51 GUARDIAN PEST CPL PEST CONTROL $24.81 HAGER JEWELRY BRACELETS, CHARMS, CHAIN $143.87 HARRIS CONTRACTING REPAIRS, LABOR $712.51 HENRYS FOODS INC CANDY, SLUSH BASE 1,187.06 HILLYARD FLOOR CARE / HUTCHINSON WATERWAND, HANDLE, BRUSH 1,329.18 HOME BAKERY INC ROLLS, DONUTS $30.51 HOVERSTEN, DUANE SBDC SERVICES - 136.25 HOURS $6,131.25 HUTCH COMM HOSPITAL LAUNDRY $28.00 HUTCH COOP CENEX JUNE FUEL $187.30 HUTCH FIRE & SAFETY EXTINGUISHER RECHARGED $297.75 HUTCH MFG & SALES ROUND BAR $36.00 HUTCHINSON LEADER ADVERTISING $1,054.49 HUTCHINSON MUSIC STUDIOS REFRESHMENTS- FOREST TOUR $19.06 HUTCHINSON TEL CO JULY PHONE SERVICE $6,580.28 HUTCHINSON WHOLESALE FILTERS, CONNECTORS, PLUGS $15.57 INDIANHEAD SPECIALTY CO VOID STAMP $12.70 JEFF'S ELECTRIC LABOR - HORSHOE ARENA $28.00 JIM'S GARDEN SERVICE MOW WEEDS $773.99 JOES SPORT SHOP SHIRTS NUMBERED JUUL CONTRACTING CO 10" PVC, ROCK, BACKHOE, LABOR $ $516.32 421.00 K MART FILM $48.85 KAHLER HOTEL LMC CONF LODGING $1,100.74 KASAL- BAKLUND, MALAYA DANCE INSTRUCTOR $280.00 KEYSTONE MAIL VIDEO, KEYNOTE, SCHEDULER $279.85 KOBS, ROD REFUND SWIMMING $26.00 L & P SUPPLY CO SPRING $47.42 LEAGUE OF MN CITIES DEDUCTIBLE -G ZEMLICKA CLAIM $1,055.36 LEARNKEY INC. MS MAIL, SCHEDULE VIDEOS $99.90 LENNES, RICHARD JUNE COMPENSATION $2,292.78 LITTLE DUKES CAR WASHES /APRIL & MAY $134.19 LUDOWESE, JOYCE REFUND SOFTBALL $12.00 M.I.A.M.A. REG -MARV HAUGEN $400.00 MADSON, STEVEN MEALS, GAS, MILEAGE, PARKING $107.71 MARKHURD AERIAL SURVEY SERVICE $6,000.00 MCGARVEY COFFEE INC COFFEE $35.60 MCLEOD COOP POWER JUNE ELECTRIC $355.85 MILKMOBILE ICE CREAM BARS, COOL TUBES $91.50 MINNCOMI PAGING SERVICE & RENT $114.12 MINNEAPOLIS COMMUNITY COLLEGE REG -S SICKMANN, K WILSON $400.00 MINNESOTA COUNSELING CENTER PSYCHOLOGICAL EVALUAT & TEST 6250.00 MN CHAPTER IAAI 1996 DUES RENEWAL $10.00 MN DEPT OF REVENUE VOID STAMP $93.57 MN ELEVATOR INC. ELEVATOR SERVICE $65.00 MN MAINTENANCE SUPPLY CO HOT CUP $58.36 MN MUTUAL LIFE JULY LIFE- MATTSFIELD 577.71 MN SPORTS FEDERATION TOURNAMENT 760.00 MN ZOO ARK MN ZOOARK PRESENTATION 7/12/96 200.00 MR. MOVIES VIDEO RENTAL $5.24 NAGEL, KAREN REFUND SUNBEAMS & RAINBOWS $14.36 NATL TACTICAL OFFICERS ASSC MEMBERSHIP RENEWAL $100.00 NICKLASSON ATHLETIC CO PITCHING RUBBERS $370.61 NO STATES SUPPLY INC YELLOW LINE GRAHAM $82.23 r L J OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996, 2:46 PM page 3 ---------------------------------------------------------------------------------------------------- GENERAL FUND NORTHSTAR CHAPTER MEMBERSHIP DUES $20.00 NYSCA COACHES CERTIFICATION FEE $30.00 P. B. AVIATION AIRPORT FUEL CARD RETURNED $25.00 PETERSON BUS SERVICE COACH TO MPLS & EDEN PRAIRIE $550.00 PITNEY BOWES INC POSTAGE MTR RENTAL -7/15- 10/15 $324.04 PIAT2, GARY D. BREAKROOM SUPPLIES $9.33 POSTAGE BY PHONE JUNE POSTAGE $780.80 PRIEVE LANDSCAPING MEEKER ROCK $8.00 QUADS ELECTRIC INSTALL RECEPTICAL $194.48 RECREONICS DPD REAGENT #2 $97.06 ROMO, JOHN HOURS WORKED $128.00 ROSENOW, BRUCE ELKS BASEBALL SUPV $215.00 RUNNING'S SUPPLY CALIBRATOR, GLUE, TIP CUTTING $108.96 SCHIEBEL, NATHAN HOURS WORKED $133.00 SCHUMACHER'S FORMART $54.10 SELLER, JEANNE SWIM LESSON REFUND $13.00 SERVICEMASTER CLEAN CARPETS, & TILE FLOORS $865.90 SEVEN WEST WASH & DRY LAUNDRY $45.53 SHOPKO 3 RING VELCRO $100.14 STANDARD PRINTING ENVELOPES $84.09 STATE TREASURER 2ND QTR SURCHARGE REPORT $3,181.77 STREICHERS BATTERY 77.79 SUBWAY 12 PORTION PLATTER, CHIPS 42.16 THICHERT, PAM REFUND SOFTBALL 22.00 THE SALTMAN SOFT SALT $138.50 TOPEREZER, DENISE REFUND DANCELINE $13.00 TRI CO WATER COND SALT $20.87 TRIPLE G DISTRIBUTING INC JUNE POP PURCHASE $33.50 TURF SUPPLY COMPANY BAG TURFACE $259.21 TWO WAY COMM INC HOUSING $348.26 UNIFORMS TO YOU GOLF SHIRTS 66.05 UNIFORMS UNLIMITED HANDCUFF 17.98 UNITED BLDG CENTERS HANDI -CRETE 37.17 VIKING COCA COLA JUNE POP PURCHASE 87.75 VIKING SIGNS ARENA SIGN- BURGER KING $190.00 WAL -MART BATTERY - FIRE DEPARTMENT $159.10 WILSONS NORTH WEST NURSERY INC TREE $213.00 XEROX COPIER CHARGE -MAY $756.43 < *> $91,058.36* SING REDEV BLUHM, ADELAIDE BATHROOM WORK $1,476.09 HEIDECKER S,, RICK FURNACE $ < *> 3,841.09* HUTCH TRANS FAC. COAST TO COAST MOP $14.90 G 6 K SERVICES UNIFORMS $150.32 HUTCHINSON TEL CO JULY PHONE SERVICE MN ELECTRIC SUPPLY CO BLACK STR, 70A BRKR $ $288.95 149.33 POSTAGE BY PHONE JUNE POSTAGE $2.56 STRUCTURAL SPECIALTIES CRANE TRAVEL 8 HOISTING $145.00 WITTE SANITATION JUNE SERVICE $63.37 < *> $814.43* LIQUOR STORE AAGARD WEST JULY SERVICE $45.20 AM.LINEN SUPPLY CO JUNE DELIVERIES $123.84 ARANGO CIGAR CO JUNE TOBACCO PURCHASE 421.61 BERNICKS PEPSI COLA JUNE POP PURCHASE 493.96 CDI OFFICE PRODUCTS LTD JUNE PURCHASES $148.06 CITY OF HUTCHINSON LOTTERY $1,584.88 COAST TO COAST JUNE PURCHASES $13.21 DIAMOND CLEAR ICE PARTY PAK ICE $152.00 ED PHILLIPS & SONS CO. JUNE LIQUOR PURCHASE $11,860.90 FORTIS BENEFITS JULY LTD $36.85 FRIENDLY BEVERAGE CO JUNE BEER PURCHASE $1,510.35 GRIGGS COOPER 6 CO JUNE LIQUOR PURCHASE $12,599.01 HENRYS FOODS INC JUNE MISC TOBACCO PORCH $2,390.97 HERMEL WHOLESALE JUNE TOBACCO PURCHASES $388.35 HUTCHINSON LEADER JUNE ADVERTISING $557.79 HUTCHINSON TEL CO JULY PHONE SERVICE $140.17 JOHNSON BROTHERS LIQUOR CO. JUNE WINE PURCHASE $17,387.06 JORDON BEVERAGE INC. JUNE BEER PURCHASE $1,190.05 KAPP RADIO JUNE ADVERTISING $65.00 LENNEKAN BEVERAGE DIST. INC JUNE BEER PURCHASE $5,158.70 r 1 OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996, 2:46 PM --------------- LIQUOR STORE VETERANS OF FOREIGN WARS ADVERTISE -STATE BASEBALL TOURN VIKING COCA COLA JUNE POP PURCHASE WEGNER, MILO MATERIALS & LABOR FOR CART -- ---------------------- - ------------- LEO'S TRANSFER - --------------- - JUNE 2ND HALF SHIPPING LOCHER BROS INC JUNE BEER PURCHASE LUNDHOLM, LORI CLEAN WINDOWS MIDWEST MEDIA INC ADVERTISING- WEDDING GUIDE MN MUTUAL LIFE JULY LIFE PAUSTIS & SONS JUNE BEER PURCHASE POSTAGE BY PHONE JUNE POSTAGE QUALITY WINE & SPIRITS CO. JUNE WINE PURCHASE SIMONSON LUMBER CO #2 PINE, CDX STANDARD PRINTING TAPE CASSETTE TRI CO WATER COND BOTTLE WATER TRIPLE G DISTRIBUTING INC JUNE BEER PURCHASE $607. $22,424. $42. $309. $14. $1,487. $19. $85. $45. $158. $26. $33,452. $52. $152. $85. $115,230. page 4 66 80 60 00 28 48 84 22 17 12 36 20 50 50 00 69* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB $690.00 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB $100.00 H.R.L.A.P.R. EMPLOYEE CONTRIB $158.93 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB $2,851.91 PERA LIFE INS CO. EMPLOYEE CONTRIB $124.50 PERA - D.C.P. EMPLOYEE CONTRIB $52.02 PRUDENTIAL EMPLOYEE CONTRIB $180.00 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB $30.00 PUBLIC EMPLOYEES EMPLOYEE CONTRIB $14,534.28 TEMPLETON INC EMPLOYEE CONTRIB $448.46 WADELL & REED EMPLOYEE CONTRIB $150.00 WITHHOLDING TAX ACCT EMPLOYEE CONTRIB $38,816.33 < *> $58,136.43* RURAL F. D. BRODD, JIM MILEAGE $23.50 EMANS, BRAD MILEAGE $6.75 FORCIER, GARY MILEAGE $4.75 HOESCHENS, DUANE MILEAGE $1.50 HOMAN, ED MILEAGE $6.50 HUTCH COOP CENEX JUNE FUEL $30.23 KOELL BRIAN MILEAGE $4.75 LINGB LINGBHER, CHUCK DIEM, MILSAGS $114.10 MIDWEST FIRE EQUIP & REPAIR CO REPAIR TANKER $6,551.00 PRECHT, BRUCE MILEAGE $6.50 SCHRAMM, STEVE MILEAGE $15.00 SCOTT, WES PER DIEM $25.00 STEELE, DAN MILEAGE $6.50 < > $6,798.08* WATER /SEWER FUND AAGARD WEST JUNE PICKUP $25,517.62 ABLE HOSE & RUBBER INC HOSE, PIN, CLAMP $115.02 AM.NATIONAL BANK PAYING AGENT FEES $85.00 BRANDON TIRE CO TUBE, MOUNT /DISMT $48.72 BRINKMAN STUDIO FILM $8.73 BRO -TEX INC. 4PLY SCRIM $38.03 CARQUEST AUTO PARTS BATTERY $250.41 CHEMSEARCH ND -290 $91.32 CITY OF HUTCHINSON JULY MED $4,266.71 COAST TO COAST TARP STRAP, CABLE TIES, NUTS /B $473.32 D.P.C.IND.INC SULFUR DIOXIDE $1,031.16 FADDEN PUMP CO. S & L GASKET $150.40 FEED RITE CONTROLS ACID HYDROFLUOS $630.94 FITZLOFF HARDWARE SAW, WEED TRIMMER $84.70 FORTIS BENEFITS JULY LTD $201.46 G & K SERVICES UNIFORMS $292.88 GREAT PLAINS SUPPLY SHELF $4.65 HACH COMPANY CHLORINE ACCUVAC $104.53 HANSON, SCOTT REIMB SAFETY BOOTS $60.00 HARRIS CONTRACTING MAY PREY MAINT CHECK $1,055.00 HCI CONNECTING POINT MONITOR GLARE $199.58 HENRY & ASSOCIATES CURB BOX REPAIR LID, GASKETS $45.53 HILLYARD FLOOR CARE / HUTCHINSON LINERS $649.40 HUTCH COOP CENEX JUNE FUEL $590.66 HUTCHINSON LEADER ADVERTISING $83.64 HUTCHINSON TEL CO JULY PHONE SERVICE ,$610.58 HUTCHINSON WHOLESALE HOSES $267.10 f � OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996, 2:46 PM --------------- - WATER /SEWER FUND 0 c *> page 5 --------- ----------- - -------------------------- IMPERIAL PORTA THRONES ------------ - JUNE RENTAL ---- --------------- $49.53 - INDUSTRIAL MAINT SUPPLIES NUTS, WASHERS $110.50 ISCO INC NICKEL CADMIUM BATTERY ASSY $457.95 JEFF'S ELECTRIC REPAIR -OUR SAVIORS LIFT STATN $83.75 KAHLER HOTEL LMC CONF LODGING $111.79 L & P SUPPLY CO WASHER - RENTAL $83.21 LAMPLIGHTER II MEALS- COMPOST MEETING $32.00 LEARNKEY INC. WP VIDEOS 119.89 MACQUEEN EQUIP INC LABOR, REPAIRS, SUPPLIES 637.71 MINNCOMM PAGING 3 MONTHS SERVICE $27.16 MN DEPT OF REVENUE SHARE NATRAKLENE $23.40 MN MUTUAL LIFE JULY LIFE $72.03 MN VALLEY TESTING LAB - WATER TESTS $186.00 NALCO CHEMICAL CO. NALCO 9909 FLOCCULANT $4,968.22 NCL HYDRO ACID $76.43 NOTT COMPANY LOT SCREW CONVEYOR $14,417.49 POSTAGE BY PHONE JUNE POSTAGE $100.12 QUADE ELECTRIC CONNECTOR, BOX, COVER $116.88 RESPOND SYSTEMS IBUPRO, ANTACID, COUGH DROP 78.40 RUNNING'S SUPPLY TIP CUTTING, KEYS N7.35 SANIFILL INC LOADS 6/10 TO 6/14 $4,177.98 SCHRAMM IMPLEMENT SHAFT SPREADER $38.00 SERCO LABORATORIES WATER TESTS 228.60 SERV -O -CAL REPAIR MAG METER ELECTRONICS 250.00 SHARE CORP SHARE NATRAKLENE 120.63 SMOGER, DAVID REIMB SAFETY BOOTS $60.00 SORENSEN FARM SUPPLY RENTAL -WEED TRIMMER 73.48 STANDARD PRINTING PAPER $11.82 STRINGER BUS SYSTEMS MICE CONTRACT 6010 COPIER $262.00 SVEN LLMO S -1, ACTIVATOR $1,597.50 TRI CO WATER COND SALT $31.32 WAHL, ORVIS STAINLESS STEELE $87.51 WAL -MART WINDOWS 95 $94.65 WALDOR PUMP 6 EQUIP MECH SEAL, SLEEVE, GASKET $2,848.64 WEBER 6 TROSETH INC. FIRE HOSE $77.74 WEF REG -RANDY DEVRIES ,540.00 WITTE SANITATION MOVE DUMPSTER TO COMPOST SITE $159.38 WITTE SOD SOD- PICKED UP $5.59 YELLOW SPRINGS INSTRUMENT CO RP TIP BARCODE $77.94 $69,009.68* $430,578.83* Is IMMEDIATE PAY COUNCIL REPORT TUE, JUL 9, 1996, 2:46 PM page 1 ---------------------------------------------------------------------------------------------------- GENERAL FUND CELLULAR 2000 JUNE CHARGES $207.05 DEPT NATURAL RESOURCES DNR FEES $1,170.00 HCVN -TV 1996 CABLE FRANCHISE PYMT $7,500.00 HUTCHINSON JAYCEES 1996 WATER CARNIVAL CONTRIH $2,000.00 SHOPKO CASSETTE TAPES $41.08 STANDARD PRINTING MARKERS, TRAND FILM, SHT PRTC $99.16 SUNBOAT CRUISES BOAT CRUISE $668.44 < *> $11,685.73* HOUSING REDEV HERBERT, DEAN & CARPENTRY SUPPLIES $7,576.86 < *> $7,576.86* LIQUOR STORE CITY OF HUTCHINSON LOTTERY PAYMENT $180.16 LOCHER BROS INC MAY BEER PURCHASE $930.20 QUALITY WINE & SPIRITS CO. JUNE LIQUOR PURCHASE $2,214.54 < *> $3,324.90* WATER /SEWER FUND CELLULAR 2000 JUNE CHARGES - $22.35 < *> - $22.35* $22,565.14* WIRE TRANSFER PAYROLL FUND MN DEPT OF REVENUE WITHHOLDING TAX $7,582.93 L] Ll � g"NESO 4 OF TaP` Minnesota Department of Transportation BOX 768 2805 TRANSPORTATION ROAD WILLMAR. MINNESOTA 56201 Marlin Torgerson City Hall 111 Hassan St. SE Hutchinson, MN 55350 Re: T.H. 7 Schedule Change Dear Marlin: JUL 5 1996 c r- July 3, 1996 FOR YOUR INFORMATION The T.H. 7 construction from Hutchinson to Silver Lake has been moved from fiscal year `98 to fiscal year `99. 1 would like to take this opportunity to tell you of the reasons for the move. Approximately 18 months ago Mn/DOT's scheduling model began to show that this project was falling behind. After changes in personnel and lettings for other projects, this project fell further behind leaving virtually no room for unforseen setbacks. We received the T.H. 7 corridor study in February of 1996, about the same time we were preparing for the public hearing on this project. If the T.H. 7 layout had been completed in May of 95 as scheduled, • incorporating the corridor study recommendations would have been difficult. Fortunately, we were able to make many changes recommended by the study. We held a public hearing on April 12, 1996, but because of difficult weather conditions, we held a follow -up meeting on April 24, 1996. District 8 staff reviewed the comments from these meetings, and as a result, changes were made to the layout. It was then sent into St. Paul for review by the Central Office Staff. The layout was returned to the district in June. At this time we were faced with a decision. We might still be able to deliver this project for construction in 1998. However, it would mean a late start (June) which generally results in higher construction costs. If there were any unexpected delays in right -of -way acquisition or plan preparation, this project would slip and result in a catastrophic impact to the FY `98 STP. Also, the cost of the project had increased to $6.2 million due to the addition of turn lanes, frontage roads and changes in alignment. Considering these factors, we decided that moving this job to fiscal year `99 would be appropriate to ensure delivery of the project. If you have any questions, please contact me at tell. 4 (320)321 -5195. Sincerely, o`�a41J-L Lowell Flaten . cc: Nelrae Succio Cheryl Plathe An Equal Opportunity Employer ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW FOR YOUR 1NEORMIAIN 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350-2563 OF COUNSEL STEVEN A. ANDERSON RAYMOND C. LALLIER G. BARRY ANDERSON" (320) 567 -7575 ARTHUR L. DOTEN LAURA K. FRETLAND FAX (320) 5874096 DAVID A. BRUEGGEMANN Seel CEDAR LAKE ROAD PAUL D. DOVE RESIDENT ATTORNEY MINNEAPOLIS, MINNESOTA 55416 JANE VAN VALKENBURG G. BARRY ANDERSON (612) 54S -9000 RICHARD G. McGEE FAX (612) 545-1793 CATHRYN D. REHER WALTER P. MICHELS, III 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 +KIO AD" ITTCD IN TEXAS AND NEW YORK (612) 3692214 July 3, 1996 FAX:612) 3895506 Mr. Joseph B. Marshall Marshall & Associates, P.A. 9501 Lexington Avenue North 1996 Circle Pines, Mn. 55014 JUL Re: ''.Shoutz vs. City of Hutchinson Your File No. 174600.001 Our File No. 3244 -96096 Dear Joe: Thank you for your letter of July 2, 1996. I am puzzled that you read into our decision to report the claim against the City of Hutchinson brought by your client an unwillingness on the part of the City to negotiate this matter. Clearly, if the City has liability it would only make sense for the City to enter into negotiations. As you know, if the City fails to report the claim to its insurer that action can imperil insurance coverage that may otherwise be available to the City if only for cost of defense purposes. I have asked counsel retained by the League Trust on behalf of the City of Hutchinson to review the claim as outlined in your prior letter and to get back to the City with her recommendations and conclusions. I do appreciate the time that you spent visiting with me about this matter. I do want to bring to your attention that your client made several unsolicited calls to at least both of the radio stations and perhaps the newspaper as well claiming that he had "sued" the City. His decision to take the debate into the public forum, which is certainly his right and I do not quarrel with his right, could have been timed a little better, to say the least. 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. Joseph B. Marshall July 3, 1996 Page 2 I am sure we will be discussing this matter in the reasonably near future. Best regards. Very trufoNs, ARNOLD, D E, P.L.L.P. G. Barry on GBA•lm cc chief Steve Madson Gary Plotz Julie Fleming Wolfe • t t DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III 1 .460 ADM,TT[D ,N TE% AND MM TORR Mr. Thomas D. Creighton Bernick & Lifson Suite 1200 The Collonade 5500 Wayzata Boulevard Minneapolis, Mn. 55416 July 2, 1996 Re: Hutchinson Cable TV Services Our File No. 3244 -92054 Dear Tom: OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545.1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612)389.2214 FAX IS 12) 369 -5506 jU! 5 1996 CF This is just a short note advising you of the results of our last City Council meeting. The public hearing as held as scheduled and was continued to the first meeting in August. A representative of Midwest Cablevision was present and advised that the- day period would expire shortly have our scheduled meeting in August and he was concerned that if there were any issues to be raised at the continued public hearing, there might be insufficient time to respond. I advised both the Midwest Cable representative and the Council that it was my understanding you were working on this project and it was unlikely that the continued public hearing would result in anything substantive. We would either have the matter resolved at that time and the continued public hearing would be a formality at which point the transfer would be approved or the problems were so serious that they were never going to be resolved in any event. I see very little chance for a middle ground where there would be significant input at the public hearing. At the initial public hearing, now continued to the first meeting in August, there was no public comment by anyone other than the Midwest Cable representative. I did ask him about the planned fiberoptic system for Hutchinson and I was advised that these things "take time" to plan and that they were "still planning" the system (now some 1 -1/2 years after the franchise renewal). He also admitted that the process of the merger has slowed this, as well as other projects up substantially. ARNOLD, ANDERSON & DOVE FOR yOyR1 NfOR PROFESSIONAL LIMITED LIABILITY PARTNERSHIP �4{�■ ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (320) 587-7 57 5 FAX (320) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON 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. Thomas D. Creighton July 2, 1996 Page 2 I am informed that there is absolutely gg sign of any activity towards construction of the refashioned and remodeled system. I am by carbon copy of this correspondence to the City Administrator advising the Council of the status of my communication with your office. Please let me know if there is anything further that this office or the City should do with respect to this matter. Thank you. Best regards. Very truly zARNOLD, AND & DOVE, P.L.L.P. s G. Barry Anderson GBA:lm CC .jGary D. Plotz ARNOLD, ANDERSON & DOVE FOR Y0,Y PROFESSIONAL LIMITED LIABILITY PARTNERSHIP �•I� / /n,I ATTORNEYS AT LAW Y,{(VJ/J�' DAVID S. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III 1 A ADMITTED IN TE%A.8 AND NEW YORK P r 1 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON (320) 567 - 7575 FAX (320) 587 -4096 July 1, 1996 Re: Sunday Liquor Issues Our File No. 3188 -92221 Dear Gary: OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 3092214 FAX (612) 3895506 I J i n 5 1996 I write to you today at the request of Mayor Torgerson who asked me to investigate the application of recent changes in Minnesota law as it relates to the sale of alcohol on Sunday. For Council members who may not be familiar with this issue some review may be appropriate. The discussion on this topic begins with Minn. Stat. §348.504 Subd. 3(d) which states, in relevant part "a city may issue a Sunday intoxicating liquor license only if authorized to do so by the voters of the city on the question at a general or special election." As you know, no permission has been granted by the voters in the City of Hutchinson to sell alcohol on Sunday. In addition to the prohibition set forth in State law, Section 5.43 of the Hutchinson City Code provides "no on -sale shall be made after 1:00 o'clock A.M. on Sunday...." Thus, even if permission by the voters to conduct alcohol sales on Sunday is granted, a change in the City Code will be required. So much for background. 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 July 1, 1996 Page 2 In 1996, the legislature made certain changes to Minn. Stat. §348.404, Subd. 10 which now provides that temporary on -sale licenses are subject to all laws and ordinances governing the sale of intoxicating liquor except §348.409 (dealing with insurance) and §348.504, Subd. 3, paragraph d. As I read the changes made by the legislature, a requirement for a vote by residents of the City of Hutchinson has now been eliminated for temporary on -sale licenses. Other prohibitions are not affected by the change. The legislature has also limited the number of temporary licenses that may be issued in that "a municipality may not issue more than three four day, four three day or six two day temporary licenses, in any combination not to exceed 12 days per year, under §348.404, Subd. 10, for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12 month period." The statute also prohibits more than one temporary license per month to an organization or registered political committee. Minn. Stat. §348.410, Subd. 10, Laws of Minnesota, Chapter 323 (1996). Please note that the temporary license language is not a model of clarity. While an organization is prohibited from having more than one license per month, it conceivably could receive a four day license and there would not appear to be anything in the language that would prevent that license from being spread over two weekends. The changes made by the legislature would not address, for example, the problems the City has encountered in recent years when the City has received requests from organizations for multiple weekend liquor sales. In short, the changes enacted by the Minnesota Legislature would eliminate the need to hold an election to approve the sale of alcohol on Sunday within the city limits of the City of Hutchinson, but any such sale will be limited to the provisions of Minnesota law regarding temporary liquor licenses. The changes are effective August 1, 1996. Thank you for your time and attention to these matters. Best personal regards. Very tr ur ARNO L , SO D , P.L.L.P. G. Barr nderson GBA:lm Enclosures • cn. pis, � Sluhd. L Ll R NOT REQUIRED. on 78th LEGLSLATURE A1 REGULAR SESSION Ch ] t section 34CA-401 no Ikense -!L Mimie*t4a 1971, rexti,ar 390,1.410, is auncalcd h}• athikhg a xkrla..m 1d, e Sec. 6. Minnesota Slatutsa 19Oi, aeclbn 940A.461, wlzdivisien E, in amended to teat: Subd R. LAKE SUI'ERIO R ST. UROIR RIV AND MISSLS31rP1 RfYR.R TOUR '- - -- - -' -' ISUAlS. (a) 77re malkrms{ener may iss90 an av uwlualiog iquorlic�ee 1n i person regularly engaged, on an annual or Regional basis, it 16e business of offering loam by Mat on Lake L%perior and adjacent bays, the S'L Croix rivcr the river. 7110 license shall antlorizo the sale of intoldeating liryor bclivcen May __ p4 on the Twat while underway or Attached to a of& it d6er moorurg. my be ismed "less each beat ®Id In the tour lnlFinatr regularly actin nos da in little place where InLoxicaUng Ektuor is sold. (h) All sales of inbaim ag Iklaor made on a beat while it is all dud to a deck or other mooiieg are subject to any rrsU idious on the sale of itlukr prescribed by the governing body of the city vbere the float is al.adhed, or of a catoty when it in attached out" a city. A governrg body may pmhtbk liquor make wlW Na jnristBeUoa but ivy not rapdre an kddrtioaal license, or require a fee or ootepilion tax, fur the socket See. 6. Minnewla Statutes 1973 SuppleumW mil=e 940&401, auhdhi3Wn l0, b =needed I u read: Su6d. U. � epormoreJ by 16e Klrnadx. The doerso obey akll.ari.w lie dmaale af'vubeicrltiag 1lyuor for not more than four etmieculive days, aml nay arnlw:re on -sales on premises other it .n prenisea the rltawsec owns or penimikuaUy aeempki Tlla lieeeae nay provide El,at tLe I mey eontrael for Intoxkating Bator attiring services wille the holder or a foil-year on -sak intoxknling figeor license Waked by any muniripelNy. The Ikeram arc skb)er110 16e tenas inchmling a lkeese fee, unposed by the hsning munictilaW 13cemax Issued under this allblli vision ure subject to all lave and orb governing Lhe sale of into>ocaterg lit W r- Ia aeeliaaweUaa 340A.46D and 34WW1,. eddiv®ion 3,�lar$n (d), and them laws and mdkancus which by Ibeir nacre are not appFica6k- Lxeraca u Ibis alk"vicime arc roll valid untess 0rst approval by Use rrnry6sioner of pubic safety. A vollnly im%ler this nortion only issue a temporary, itxzae only to a pn•mian Irxalel in tike unurtvt7w:ael ut ullorganirel territory of the county. Sec. 7. l dhinkesola SWtutea 1994, sectiut 340AAOPs xubtbdalul 4, in aulended to readk "bd. {. L%KK SUPER l(Rl, Sl'. CROIX RIVRR 111SSF6 SII'PI RIVER TOUR IIOA1%; COMMON CARRIERS. Cal The wrual lilx � ec for Lake Sulnerior, I t. Croix rr_'er M lswmai{ryd C her tour boats corder x tiara 340&404, subdivision K shall be S1St00- 3'}M nnnnliamner shall Iransylift. tine- lahrof the fee to the eovnrirlr body of the city (b) The annual Ikerete fee for colnmuu carriers liec sed umber alrlion 34OA.407 is: (1) $50 for 32 percent malt liquor, sad IN for a duplicate lkcnwe; and (2) $M for Intoxicating liquor, and SM for a duplicate license 736 A/IWm a tedkdod If wrsfleK advbam by si6aaA Sulnl . -ilb. N(YI'[CE i'0.5'l1NG. Sa} & mints licmn , d far the tr ial) .air• of ahvh..h, T buh'era_M an n munitirnd l igror sl must Iw.d one) maintain in a eo wjienlus Aar,• u illn,� j lhn limns lavlldaes r le:uiY visible to e o sign N iaclus wide In N inet,e, L_igll LJ an thnizted the aommie<l of ImAlk aml L ll. ufel - i Wisirh imtn-Ixn:llr.: II.,• I l p kwln mlormalion: 1) tlxx ellel[[n A vlalo nlnhn' the II1t111e11rC �� :Ihrrl xl; f'7 g ' � � - 1 -- -- - - - u7 petus Us for scrvtn a ' ohr Iw,ver�g to a nei bnrl n•il is dlridxlsly i nluucnlMl ra' n1x4o ?I u )nm oF age; and ( S) a wanitng stalement regar&ag rlinkhls al ndr.11 u'Inie lreegw:w,t. Q ' (h) Tke mmmisslnners of l wnllh aml N ubile soft.ty sha ll dusihnl a a' n llwl_t.Implic_ %ilh I this suhdivis;ml and sha make th e son available for reprotlnrtlna. A mlail lit etis'r or c munigpe lirIL Blow may ti nt. n rotFfy the sigZn de� may modify the roll_ cn Sce. 9. Miunesota Slatkh� 10tH, settles 340&.413, sulxlivaiun d, is aneextnl l0 1'.•:xl: Subd.4. EXCTASLONS PROM LICENSE 1Jmm. lhrsalc intomotoig liynxlr Imeoi- es may he iswert to Ule fullutving entitles by a city, in addition to tlx nundler autlnaicrd I,y this seeLM11: (1) chubs, or mngressimlatly Chrdered vele+ans organbationn; (2) restaurants located A a racetrack licensed wwlrrelwptcx?40; m C.1) entablishtrlenls Brat are awed licorucs tm std urine unwler sniiem 310A:101, ,ul.hco-ir,n 6; Will W) h kisallet'ior•tour boats C and n (5) theuters that are issued licei - s ull(kl' aectioll SIOA.4tt4, aulxlki3ioll Z Z Sot. 10. Minnesota Statutes 1994, eeetion 340A.418, cudldivwiun •l, iS ammHded o nvrl: n Said 2. TASTIN6'S AUTHORIZED. (a) A charitable, miigiavv, w 0111CI uargw'wfu organization nay Conduct s wile lasting on lueirnaen the orgauixatitm urns or lea.ra ,. bas m use doalcd to it, or Ni the licensed prcraka of a Iadekr of an on -sal inloxwalimg byum ul lie w MAE Is noL a temporary license, if the organzation Iddds a temporary intoxiealing liquor license unrer section 340AAA, sulwlh•isnar 10. And complies niW lhix section. An organiraliol holding a Iomlwrary Ikeslse may be auisted in rvlmluel nq; the ultie lasting by another nonprofit organization. (h) Am orgaltiraliun that muduels a wine tasting ruder (ilia seelion may use.' the net pnxe-LJo- from 14e wine Listing uuly fur: (1) the nrganixalion's primary nonprofit purposes or (2) danatiun to amdher nonludil organizattun assisting it the one tooling, if Llne Laker nogmofit organbalion roes U1c (Zonation only for that mgalrizaliulis prknary euahlviil purlwse. (c) No wine at a wine lasting under this section may W. "4 or milers taken, fur ol'i- lurnln'mleuff- yrentises cur sunnpUon. k0 Notwithstanding Any ollier law, an organic Wn may p release or oLlwmist• olatim hilx- for a wine tenting corwlucted under this saAion Conn a w'Iadcaaler licensed to oil uire. ;owl the w'holeszdcr may sell or give wine to an organization irx• a wine lantazg collduetevl ender this seeLion amt may lruvkle personnel to assist is tke wine tasting. A whoeaaer uiml a -A: or gives wine to An orgxrdvlirku fora wine Luting order this seetion must d Aket the "we directly to 11e location where the wine "Ling is e01111r'tiA (e) This recUun does not prohibit or restrict a wine IawMg that hr J IL Ideated on on -swln urernila2. where an charitable organ lion m par -Ntnl , or (2) Mcatal oil on-sale prem where the Invcae an_ fo a deaipated clu1133' 1411 vikv the Uuthzlt pruriently for educational nunwaes. y r - Sec. 11. Minnesota Statutes IVA, seetikn 940AIu10, is Amended ded to read: � - Add0uin are lafkatd 4 aMedlle; dalallmt by skilu tit T111[1-70 -1996 16:59 LERGUE OF KN CITIES P.06i14 Ch. 323 79th LEGISLATURE LIQUOR — TEMPORARY ON-SALE LICENSES, NONINTOXICATIIrG e, LIQUOR TERMINI OLOGY CHAPTER 323 Cl d. H.F. No. 2788 rc fr AN ACT relating to liquor, modifying restrictions for temporaq on -sale lieensc►; discontinuing e. the use of the Grm "noaintoxicating liquor "; amending Minnesota Statutes 1994, section s. 340A.411, subdhision 1, and by adding a subdivsion; Minnesota Statutes 1996 Supplamanr, p ' section UOA.410, subdivision 10. F BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA. �} ti Section 1. Minnesota Statutes 1996 Supplement, section 340A.410, subdivision 10, is 0 amended to read: u Subd. 10. TEMPORARY LICENSES RESTRIC• p TIONS. Sad A municipality may not issue more than tksee four-day four three r b t�90— V temporary license L in any Combination not tp exceed days per rear, under section a= A.E subdivision 10, for the sale of alcohollt beverages to any one organization or registered political committee, or for any one location, within a 12 -month period. r auuu+vm n u wr sue sa,e or axvnuuc uev man une o uon or re ie ea Foa CDmnnttQe r or a one ovation aV , Sec. 2. Minnesota Statutes 1994, section 340A.411, subdivision 1, is amended to read: Subdivision 1. ON -SALE LICENSES. On -sale nowintoeaoatia 2 nt malt malt liquor licenses may only be issued to drugstores, restaurants, hotels, clubs, SR g centers, and establishments used exclusively for the sale of 32 percent malt liquor with the incidental sale of tobacco and soft drinks. Sec. 3. Minnesota Statutes 1994, section 340A.411, Is amended by adding a subdivision to p read: Subd. 3. TERMINOLOGY. Apolitical subdivision may not issue a 32 percent malt liquor license that includes the term "nom caUng 3ouur.^ a Sec. 4.0STRUCTION TO REVISOR. r of statutes shah ahanite the words "nonintoucating liquor" wherever they apt>8a1' m esota tatutes an e80 R ules t0 Weent m_ tTuor." . Presented to the governor March 14,1996. Approved March 16,19%. 1 r HEALTH -- COMMISSIONER OF HEALTH, EMERGENCY MEDICAL SERVICES REGULATORY BOARD — TRANSFER OF AUTHORITY CHAPTER 324 H.F. No. 2310 r AN ACT relating to health; ttanaferring certain authority from the commissioner of health to the r � etnemnq er medical svice+ rnalatory bow* adding two members to the emergency medical r services regulatory board; adding an exemption to the medical license requirement; specifying effective date of appointtnants and board actions; amending Minnesota Statutes ISK section 18OAK subdivision 3; Minnesota Statutes 1996 Supplement, sections 144.8093, subdhisioo 4; 1442.01, subdivision 1; and 149.09. BE 17 ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA 162 Aed♦OM we ladicaled by owergare delelloas by 949WA FOR YOUR 1 ORMATIQK -1 U L 5 1996 C: , n 143 University LMC Avenue West, St. Pau), `IN 55103 -2044 Laagma of .kl;nnasota 06" Phone: (612) 281 -1200 • (800) 925 -1122 Cities promoh'ng arc0& -Ce Fax: (612) 281 -1299 • TDD (612) 281 -1290 July 2, 1996 Dear Mayor Torgerson and Members of the Hutchinson City Council; By now, you are probably aware of the rights of way issue facing cities in Minnesota. US West's challenge to local management of the public rights of way is one of the most critical issues cities have faced in years. It was a topic of considerable discussion at the Annual Conference, where member cities supported the League Board of Directors decision to move forward with an aggressive work program and financing plan to counter this challenge. We need your city to make a special payment to this fund and help put the work plan into action. The work plan developed by the Rights of Way Task Force and approved by the Board could cost $325,000 or more. This assumes that a large portion of the work plan will be coordinated by and implemented through League staff. The Board has agreed to allocate $125,000 from the current League budget for the work plan and is asking member cities to voluntarily pay $200,000. Based on your city's 1995 -96 League dues, your suggested minimum payment is $856. Please consider this request in July and submit your payment by August 15, 1996 if at all possible. If each city meets their minimum payment, the $200,000 target is reachable. However, because it is unlikely that all cities will join this voluntary effort, we encourage members to allocate more if this initiative is of particular importance to them. Two important points should be made: First, this is a voluntary payment. As a member of the League of Minnesota Cities, you are not required to take part in this effort. However, if total city payments fall significantly short of the $200,000 goal, the League will not be able to fully undertake the work plan. Second, your voluntary payment should not be confused with your League membership dues which will be billed at the beginning of September. The Board of Directors and I understand that this issue must be weighed against the priorities in your city. However, we believe that the prospect of losing local control of public property warrants this extraordinary effort. This ig a complicated issue, please consider it carefully. Enclosed is a brief information sheet to help you in your deliberations. If you have any questions, contact me at (218) 643 -1431, League Executive Director Jim Miller at (612) 280- 1205 or (800) 925 -1122, or any member of the Board of Directors. Sincerely, /� I s �X 41 c 4r— K t:A Blaine C. Hill President, League of Minnesota Cities cc: City Manager, Administrator or Cl er�kk AN EQUAL OPP0 ITYh ACTION EMPLOYER s LMC L--r- of M;M"&a& ryos" ciuse B QaNI/ m Common questions about public rights of way Why did local management of public rights of way become such an issue? A - In February, US West challenged a 1` Redwood Falls ordinance that set standards for installing fiber optic cable in the public right of way. The ordinance charges a small per foot fee, requires the cable to be encased in concrete conduit, or, if that isn't done, limits the city's liability in case the cable is damaged. US West asked the Minnesota Public Utilities Commission (PUC) to take over jurisdiction of city rights of way, and set aside any local regulations. Then, US West sued the city of Redwood Falls in District Court. US West asked the court to prevent the city from enforcing the ordinance, and allow them to lay their fiber optic cable pending resolution of the matter before the PUC. Didn't the District Court rule in favor of Redwood Falls? A - Yes. The League intervened on behalf of edwood Falls early in the proceedings and hired outside legal counsel with expertise in utility law. Those efforts paid off when a Fifth District Court Judge dismissed the lawsuit brought by US West. In the order dismissing the suit, the judge stated essentially that the state law creating the PUC authorized it to regulate telephone service providers but did not take away cities' right to impose reasonable regulations and to charge a reasonable franchise fee for the use of their streets and services. The judge wrote "...The public utility commission regulates telephone companies, not cities." Q Doesn't that settle things? A Not necessarily. The District Court ruling probably will ha%a little bearing on the PUC ruling, which is expected later this summer. US West may also appeal the District Court ruling. Regardless of what happens in these two arenas, the Legislature will be looking at this issue when the 1997 session begins in January. Q Why is this such an important issue? The implications of this case are enormous. deregulation and competition among telecommunication and utility providers continues, there will be more and more demand for access to the ground under city streets. All kinds of businesses and utilities make use of that scarce space - telephone companies, cable television companies, gas companies, power companies - and so on. If cities are not allowed to manage the use of the right of way, streets could be tom up regularly and underground facilities could become a tangled maze. Imagine your city completing a major repaving project, only to have the street tom up by a utility looking to install lines. Imagine the phone calls to city hall from irate residents if streets are blocked off two or three times a year. Imagine your frustration when it becomes obvious that local taxpayers are being forced to subsidize private industry and pay higher taxes to build and maintain city streets. Q So what is the League of Minnesota Cities doing? A As the magnitude of this issue became clear, the League Board of Directors appointed a Rights of Way Task Force to look at what should be done. Through the course of several meetings, the Task Force developed a work program that involves legal, legislative, and public information strategies to protect cities' role in managing the public right of way. The Task Force estimates that full implementation of the work program could cost as much as $325,000. The Board has agreed to finance this work program by allocating $125,000 from the current League budget and asking member cities to voluntarily allocate $200,000. $200, 000 is a lot of money. What is the League going to do with all of that? A The work plan includes legal representation, work with legislative leaders, and an extensive statewide public information campaign. While League staff will take on the bulk of this work, it's likely that outside assistance will be needed. Q How did you decide how much you want our city to pay? A Your suggested payment is based on a rcentage of your city's 1995 -96 League dues. Q Do we have to pay? How will the payment affect our dues? A No city if required to pay. This is strictly a voluntary payment. Also, it's entirely separate from the League dues statement your city will receive in September. Q What if our city decides not to pay? A That's your choice. As a member of the League of Minnesota Cities, you are not required to take part in this effort. However, if total city payments fall significantly short of the $200,000 goal, the League will not be able to fully undertake the work plan. Q Can our city pay more? A Certainly. In fact, we encourage members to allocate more to this fund if this initiative is of particular importance to them. If all member cities meet their minimum payment, the $200,000 target is reachable - but it's unlikely that every city will join this voluntary effort. Q After we pay, how can we stay up to date on the issue? A We will keep you informed of any developments through articles in Cities Bulletin, direct mailings, and broadcast faxes. Q Clearly, our payment is only part of the solution. What else can we do? Am The best thing city officials can do is stay formed, and pass that information along to as many others as possible. Discuss rights of way with your local editors and reporters; make local control a campaign issue for your House and Senate candidates; talk to your local Chamber of Commerce about the business impact of tom -up streets; let taxpayers know you're working to protect their investment in streets. Q I'm still confused. Who should I call? If you have more questions, please contact ague Executive Director Jim Miller at (612) 280 -1205 or (800) 925 -1122, or any member of the Board of Directors. t t it ti" O ffice FOR YOUR INFORMMIt hn M. Houlahan, Director D ioneedand Fifth Street SW r LIBRARY SYSTEM Wii ar IK nesota56201 -0327 I IIIIIIIIIIIIIIIIIIIIIII Phone: (320) 235 -6106 Fax ( 320) 235 -6106 v.11marpl@royal.cfa.org Date: July 2, 1996 To: City and County Administrators; 1111 3 1996 From: John Houlahan Ctrl H ; �,_• .. _, For the budget year 1997, local need continues as the basic principle guiding Pioneerland Library System's budget requests to cities and counties. Therefore, while Pioneerland is following a general guideline of 4% increase in support from cities and counties in 1997, requests may vary because of local, service, operational and capital needs. This letter also includes an important funding request for automation. Beginning in 1997, Pioneerland will begin automating all thirty-one of its libraries. By end of 1997, all libraries will be provided 56K lines, routers and access to internet. When total automation project is completed, all thirty-one libraries will replace their stand alone cd -rom catalogs with an up-to -date online system that features two computer terminals and a printer, access to an online catalog of 31 libraries, automated check out system, intemet services and connectivity to commercial data bases and to other Minnesota public, school and academic libraries' online catalogs. Additionally, libraries' collections will all be barcoded to improve inventory control and to aid in operating the new automated system. Pioneerland Library System's administrative and local library staff are available to meet with city and county officials to discuss Pioneerland Library System's 1997 budget (see enclosure), local library's 1997 operational budgets, and capital and automation requests. Please grant library staff a week or more notice prior to their appearance before city or county officials. Also, Pioneerland is preparing additional information on the benefits and values of the new automation project. Details will be coming under separate cover. Thank you for your continued interest in and support of library services. Pioneerland looks forward to continuing to work with you in meeting your citizens' library needs. Pioneerland Library System's 1997 budget requests Governing Unit city of Hutchinso (Name) A. Operational Request $77,341 B. Capital Request $o C. Automation Request $6.985 PIONEERI.AND LIBRARY SYSTEM 1997 BUDGET INCOME: STATE 335,387 FEDERAL 47,711 CITY OPERATING 609,288 CITY CAPITAL 1,250 COUNTY OPERATING 805,439 COUNTY CAPITAL 1,250 CHARGES, FINES 5,605 COPY MACHINE 15,300 EQUIPMENT RENTAL 250 FAX MACHINE 200 GIFTS 6,400 BOOK SALES 2,270 EXTENSION 6,000 RESERVE 286,339 INTEREST 5,500 SYSTEM SERVICES 16,000 OTHER 81100 TOTAL INCOME 2,152,289 EXPENSES: SALARIES 1,192,734 HEALTH INSURANCE 40,107 HEALTH INSURANCE DEDUCTION 14,380 SS /MED /PERA 140,877 BOOKS 251,733 MAG /NSP /PAM 52,053 VIDEOS 16,946 OCLC 25,000 COM 25,000 VEHICLE OPERATIONS 28,725 TELEPHONE 16,500 BINDINGS 975 POSTAGE 14,705 NEW EQUIPMENT 31,500 MAINTENANCE CONTRACTS 14,450 SUPPLIES /PRINTING 40,190 PROMO /PROG 5,729 MILEAGE -STAFF 9,750 MILEAGE- TRUSTEES 6,500 INSURANCE 18,385 ADS /NOTICES 585 AUDIT 2,134 BOOKKEEPING 7,474 CONTINUING EDUCATION 11,009 EXTENSION 21,375 SALES TAX 2,536 LEGAL SERVICES 3,000 RESERVE 157,937 VAC /SICK LEAVE RESERVE 0 TOTAL EXPENSES 2,152,289 t t HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 TO: Mayor and Council FROM: Brad Emans, Fire Chief June 1996 The fire department responded to 21 calls for service in June. Breakdown of the City calls: 1 - Residential 6 Commercial/Industrial 1 Mufti Family 3 - Haz Mat 3 - Vehicle ,.•• . 1 - Commercial/Industrial 1 - 10 -52 1 - Medical 2 - Haz Mat 1 - Vehicle 1 - Grass • SCBA Update and Maintenance • Sprinkler Trailer • First Aid Refresher • Four pumpers tested for yearly requirements • 3M Safety Day (Fire Prevention) PIONEERLAND LIBRARY SYSTEM REVENUE AND EXPENDITURE REPORT MAY 31, 1996 HUTCHINSON M -T -D Y -T -D % OF % OF REVENUE: AMOUNT AMOUNT BUDGET BUDGET YEAR RESERVE 0.00 0.00 0.00 0.00% 42% CITY OPERATING 0.00 37,183.00 74,366.00 50.00% 42% COUNTY OPERATING 0.00 21,380.00 42,760.00 50.00% 42% GIFTS 50.00 2,200.08 600.00 366.68% 42% CHARGES, FINES 35.85 82.04 300.00 27.35% 42% EQUIPMENT RENTALS 0.00 15.00 0.00 0.00% 42% BOOK SALES 0.00 0.00 1,200.00 0.00% 42% OTHER 11.26 11.26 0.00 0.00% 42% TOTAL REVENUES 97.11 60,871.38 119,226.00 51.06% 42% EXPENDITURES: SALARIES 3,536.86 - 31,914.54 - 78,729.00 40.54% 42% HEALTH INSURANCE - 76.24 381.20 - 1,084.00 35.17% 42% HEALTH INSURANCE- DEDUCTIBLE - 320.00 - 320.00 - 320.00 100.00% 42% PAYROLL TAXES - 713.27 - 3,503.09 - 9,054.00 38.69% 42% BOOKS - 1,347.44 - 9,052.16 - 20,000.00 45.26% 42% PERIODICALS 35.53 - 2,127.17 - 3,500.00 60.78% 42% VIDEOS 0.00 - 350.00 - 350.00 100.00% 42% BINDINGS 0.00 -19.12 - 100.00 19.12% 42% POSTAGE & SHIPPING -72.00 - 360.00 - 950.00 37.89% 42% NEW EQUIPMENT 0.00 0.00 -0.00 0.00% 42% MAINTENANCE CONTRACTS 0.00 0.00 -0.00 0.00% 42% SUPPLIES 0.00 - 421.19 - 800.00 52.65% 42% INSURANCE 0.00 - 1,051.91 - 1,150.00 91.47% 42% AUDITING 0.00 -63.75 -62.00 102.82% 42% BOOKKEEPING -30.00 - 150.00 - 360.00 41.67% 42% SALES TAX 0.00 -0.61 - 200.00 0.31% 42% TOTAL EXPENDITURES - 9,060.28 - 49,714.74 - 116,659.00 42.62% 42% FUNDS AVAILABLE - 8,963.17 11,156.64 2,567.00 - 434.62% 42% i CITY OF HUTCHINSON LIQUOR STORE COMPARISON JUNE 1995 JUNE 3,251 8,249 1,296 999 13,795 TOTAL 1995 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1 2,066 4,189 828 292 7,375 2,857 2 3,276 7,723 1,301 719 13,019 781 3 3,649 8,784 1,277 2,141 15,851 769 13,437 8 3,526 10,691 1.467 2,346 36,245 5 1,189 2,537 431 184 4,341 11 6 1,290 2,946 378 228 4,842 1,668 7 1,539 2,507 424 151 4,621 5,077 8 1.870 2,969 528 276 5,643 1,747 9 3,186 5,849 905 500 10,440 1,103 10 3,157 5,594 949 539 10,239 4,064 18 1,397 2,374 468 202 4,441 40,126 12 2,244 2,939 462 226 5,871 1,676 13 1,503 3,859 951 410 6,723 7.299 14 2,091 3,825 483 391 6,790 1,086 15 2,023 4,939 676 364 8,002 166 16 3,093 8,375 1,193 611 13,272 5,479 17 3,817 11,193 1,638 1,208 17,856 27 2.198 5.564 961 416 9,139 28 58,514 19 1,277 2,688 451 212 4,628 9,007 20 1,072 2,605 340 240 4,257 21 1,976 3,372 558 297 6,203 22 1,753 4,295 702 355 7,105 23 3,204 6,870 1,063 176 11.313 24 2,871 6,983 1,002 176 11,032 44,538 26 1,198 2,322 381 239 4,140 27 1,378 2,366 515 262 4.521 28 1,686 3,067 415 287 5,455 29 2,333 4,566 912 274 8,085 30 4,045 8,367 1,383 592 14,387 36.588 TOTAL 58,786 125,729 20,146 11,350 216.011 94 TOTALS 47,655 102,951 15,059 8,397 174,062 % OF SALE 27 58 9 5 100 SALES INC OR DEC 41,949 24 % CITY OF HUTCHINSON LIQUOR STORE COMPARISON JUNE 1996 1996 JUNE TOTAL 1996 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1 3,251 8,249 1,296 999 13,795 3 2,311 2,748 594 297 5,950 4 1,530 3,001 416 183 5,130 5 1,727 2,857 478 264 5,326 6 2,221 4,812 781 260 8,074 7 3,506 7,899 1,263 769 13,437 8 3,526 10,691 1.467 2,346 18,030 10 1,425 3,246 494 299 5,464 11 1,902 3,501 530 316 6,249 12 1,668 3,735 478 349 6,230 13 2,332 5,077 841 484 8,734 14 3,320 9,899 1,747 682 15,648 15 3,796 10,389 1,526 1,103 16,814 17 1,373 2,196 327 168 4,064 18 1,397 2,374 468 202 4,441 19 1.698 3.037 612 299 5,848 20 1,676 4,105 529 298 6,608 21 3,129 7.299 1,030 728 12,186 22 3,097 7,141 1,086 647 11,971 24 1,556 2,789 482 166 4,993 25 1,554 3,145 533 247 5,479 26 1,774 4,250 580 251 6,855 27 2.198 5.564 961 416 9,139 28 4,141 8,556 1,200 628 14,525 29 3,794 9,007 1,192 924 14,917 13,795 55,947 59,139 44,916 55,908 TOTAL 59,902 135,567 95 TOTAL 58,786 125,729 % OF SAL 26 59 SALES INC OR DEC 20,911 20,146 9 13,694 13,325 11,350 6 ALI 229,705 216.011 100 N M M "LIQUOR 19: -15:96 HUTCH" 14:35:14 Pa : 1 Item code Descriotion DEPTNO - -> I MQ"H Count 942 Subtotals - -> DEPTND -> 2 IBEERI Corot 6T Subtotals - - DEPTNO --i 3 IWINEI Cant 936 Subtotals -> DEPTNO 5 (ICE) Count 3 Subtotals -) DEPTNO -> 9 (RENTAL! Count 2 Subtotals -> DEPTNO - -? 10 (TOBACCO PR.ODIICTS) Count 228 Subtotals -> It 7 90 (MISC BEER) 1 Subtotals --) DEPTNO -> 91 (MISC LIgl1GR) Count I Subtotals -i DEPT40 -> 92 (MISC WINE) Count 1 Subtotals -> DEP,% -) 93 (M1SC 6.5 %) Count D) Subtotals Count 3046 Totals - -, 0 (6101 - 6/30) MTD Sales Reoart On Extended - - - - - -- Cls ordr Q-- H cost Qtv -+GARY PLOTD- - - -- Month to date sales --------------- Cost Markdowns Sales Profits 6P % 'M24) 160915.87 6412 46191.11 553.87 59347.58 13156.41 22.2 8524 51268.8 14989 10648 K1.59 135030.96 28547.51 21.1 21269 71581.35 4124 13682.58 3::8.59 3)570.43 6881.85 w.5 19)9 468.3) 97 1823 3834.73 1715 3166.65 2545.29 3)77.09 81.6 589.03 589.03 100.0 34.39 4275.90 1t09.25 25.9 +t+t+ ++ttt t++++ 5134 7670.47 1812 4127.78 109.61 5767.01 1639.23 2 .4 60010 295271.25 30758 174119.81 1579.0 i 248T^6 ?3i 544 .' 4-7.7 / I J Date: 06;:7/96 Tine: 19;40:09 Page: 1 Item code Descrict:an DEPThC -) I (LIOJY..) --- --- Count 992 Subtotals - -) DEPTNO -- 2 (BEER) Count 602 Subtotal, - DEPTNO --1 3 (MINE) Count 936 Subtatals DEP M -- 5 (ICE) Count 3 Subtotals - -) DEPTNO -) 9 (RENTAL) Count 2 Subtotals -) DEPTNO - i 10 (TOBACCO PROMTS) Count 228 Subtotals DEPTNO -) 90 (MISC BEER) Count l Subtotals -) DEPTNO -) 91 (MISC LIQl10R) Count t Subtotals--) DEPTNO -) 92 (MISC MINE) Count I Subtatals -) DEPTNO -) 93 (MISC 6.5 %) Count W) Subtotals - -) 6/30/96) Sorts: DEPTNO YTD Sales Reoort Ranges: DEPTNO Sumary: Yes - -- Year to Date Sales - -- - -- - - -- Cost Markdowns Sales Profits 6P % extended CIS 9-0-H 9-O-H cost 9tv 23320 160915.8 3705 2556. ;428.59 326761.85 70725.30 21.7 8524 51268.83 69636 454239.45 1917.81 5799fjO.47 125661.02 21.7 21259 71581.35 2�) 74876.45 2402.50 IHKI.03 36954.58 w.0 t 3158 7w,40 4516.80 3783.4) 83.8 130 909.04 909.04 100.0 1823 3834.7 7878 15149.61 261.52 20:;06.09 5156.48 25.4 +ta+t P-rr.m 51 4 7670.47 7989 13546.59 255.90 18938.94 5392.36 28.5 Count 3096 Totals -) ________ ___________ _____ ::: ____:_::__ ::_::::_: _______.:_ _____:.___ ::::: 60011 295271.25 142177 814182.04 8266.32 1062764.22 248542.18 23.4 a �I1 9\5/ The city of Little Falls may, by ordinance, impose a one -half percent sales tax on food and non - alcoholic beverages sold by restaurants and other places of refreshment, excluding schools and school sponsored events. The revenues must be used for tourism purposes, including activities and programs of the tourism and convention bureau. The tax will be administered by the city. Hermantown The city of Hermantown may impose a sales tax of up to one percent on taxable sales that occur within the city The provi- sion does not include a local use tax. The revenues must be used for extending a sewer interceptor line, improvements to the mu- icipal water system, and con- struction of a police and fire station. The tax will be subject to the same penalties, interest, and enforcement provisions as the state sales tax and will be admin- istered by the Department of Revenue. Implementation must first be approved by the voters through a referendum. Mankato The citv of Mankato is autho- rized to use their local sales tax to fund improvements and operation of the Mankato Mu- nicipal Airport. The city may also issue bonds up to $4.5 million for the airport without holding a referendum. 0 Beginning February 8,1996, federal law exempts direct-to-home satellite (DBS) services from any tax or fee imposed by local governments. "Direct - to-home satellite service" is programming trai cast by satellite directly to the subscribers' premises without the use of ground receiving or distribution equipment, except at the subscribers' premises or in the uplink process to the satellite. REMINDER: State agency direct pay permit On July 1, 1995, agencies of the State of Minnesota began using a direct pay permit to pay state and local sales tax on purchases made using state purchase orders. The agencies pay the taxes directly to the Minnesota Department of Revenue at the time of purchase. Since the direct pay permit information is on each State of Minnesota purchase order, you do not need a copy of the direct pay permit to sell items exempt to state agen- cies. New - Over the next few months, Purchasing Cards (a kind of VISA card) will be issued to some state employees. These Purchasing Cards will be used for small dollar purchases authorized by the state agency. Charge sales tax on all purchases made with these cards unless the purchaser gives you a valid exemption certificate (ST -3 or ST -5). One -half percent of Minnesota's 6.5 percent sales and use tax rate is a local county tax. However, the local county tax expires on June 30,1996 and Minnesota's general sales and use tax rate becomes 6.5 percent. Sales of DBS services are subject to 6 percent sales or use tax from February 8,1996 until June 30, 1996. Beginning July 1, 1996, sales are subject to 6.5 Call theTiplir with Information Do you know about someone • who is not collecting sales tax when they make a retail sale? • who charges more or less than the required amount of tax? • who collects sales tax and does not pay it to the State? • who bought property out- side Minnesota without paying the sales or use tax? Call the Minnesota Depart- ment of Revenue Tipline to let us know, so that we can correct the situation. In the metro area call (612) 297 -5195 or toll -free 1- 800 -657- 3500 to leave a recorded message on voice mail. You may remain anonymous, or leave a number if you want someone from the department to contact you. Your informa- tion will remain confidential. We appreciate your assistance in finding those who are not complying with Minnesota's tax laws. We want all citizens of Minnesota to pay their share of taxes - no more and no less than they owe. 0101MQ ii S • Cobb County GA (Atlanta area) has begun perating its 450 TPD Bedminster comcomposting plant n Mariett a . The $23 million system has a $32.50 tip fee, equal to the County landfill but more than private area landfills. It will process up to 300 TPD of MSW and 150 TPD of biosolids. •• Sevier County TN (e. of Knoxville) is adding a 4th unit to the Bedminster system to process 200 TPD. •• The Tri -City S.W.C. has terminated operations at Recomp of Minnesota. The St. Cloud MN system operated independently after parent Bonneville Power Corp. (RRR 6/96) went bankrupt. In addition to com- posting, the system produced RDF for a Northern States Power project. •• Northwest Arkansas Recovery is planning a 150 TPD compost project in the Fayetteville area. A former authority there had contracted for an energy recovery system and then canceled the project incurring a major financial penalty. •• Ag -Renu reports that its unique system has been uccessfully processing Middletown OH leaves and yard immings for several years. It also has had its 12 modi- fied concrete mixers operating in Knoxville TN and at Whiteman Air Force Base (e. of Kansas City, MO). Ag -Renu has licensed Spectra Service to promote its rapid technologv at military bases. 513- 296 -1778. •• Hutchinson MN plans to expand its NaturTech Composting System from 4 to 16 boxes. The program has been operating for 18 months and processes about 4 TPD of biosolids; the expansion would co- compost source separated organics in 40 yd.' closed containers and is contingent on a state grant of $400,000. 612 - 253-6255. •• Countec has a license to be the exclusive agent for the SEA International color sorting equipment in North America. SEA has installed over 80 machines during 6 years in Europe. it can be used for ceramic, metal and color sorting by changing the program by button. The machines range in size from 5 to 20 TPH r ceramic and metal and from 2.5 to 10 TPH for color rting. 515- 246 -1709. •• The Northeast Recycling Council reports that "a significant majority of newsprint publishers in the North- east" will increase purchases of recycled fiber from about 20 to 25% to 40 to 50 %. Old Newspaper and Old M Supply in the Northeast Order No. C144- 9600. $10.00. Northeast Publishers' Commitments to Purchase Recycled Newsprint Order No. C070 -9500. $10.00. 1- 800 - 800-1910. •• Southland Newsprint plans a new newsprint mill in Longview TX; the $750 million project is scheduled to be under construction by late summer. The 1,400 TPD mill will have capacity for 20% recycled content and could consume up to 280 TPD of ONP and OMG. •• The recycled content goal for Missouri newspa- pers in 1993 was 10 %. In 1994, Missouri newspapers reported an average recycled content of 25.1 % that fell off in 1995 to 21.7 %. •• Rock -Tenn opened a new paper recovery opera- tion in Montreal Quebec. It will collect, sort and bale paper /paperboard from offices, businesses and industrial operations and will sell to regional customers. •• Metro Waste Paper and Paperboard Industries contracted with North York (pop. 560,000)n in the Toronto area for mixed paper at a floor price of CDN 3140 /ton for the first 2 years of an 8 -year contract. •• The forest and paper industries created the For- est Industry Association Council with about 30 state, regional and national forest industry associations to iden- tify priority issues, create alignment, and achieve shared objectives. 301 - 838 -9385. •• Royaline, a manufacturer of bath bays, showers, and tubs has developed a new technology to recycle fiber - reinforced polyester (FRP) (fiber glass). Royaline has been awarded a $206,000 grant from the U.S. Dept. of Energy's NICE' program. The current spraying process generates scrap FRP costing 15% to 30% of the cost of purchased materials. The grant program requires applicants submit proposals through a state office; the Minnesota Office of Environmental Assistance applied for Royaline. 612-464 -1070. P.8 1July 1996 RESOURCE RECOVERY REPORT ..5313 38TH ST, NW..WASH., DC 20015..(202)362-6034 V 1 ESS B MEFINv JULY 2, 1996 STAR TRIBUNE • PAGE D3 NATIONAL NEWS Briefs > ADC Telecnmmunlca- tions Inc., Bloomington, said that it has acquired common stock and the remaining minority in- terest will be transferred to ADC over three years. ADC made an initial cash payment of about $41 million and undisclosed additional cash pay - ments will be made be- tween Nov. 1, 1996, and Oct. 31, 1999, subject to the achievement by Soli- tra of certain perfor- mance goals. > Education Alternatives Inc., Bloomington, said that it has reached par - tial agreement with city of Hartford and Hartford Board of Education offi- cials on amounts to be paid the company under its school management contract. Hartford offi- cials have agreed to pay the company $2.73 mil- lion for the computers installed in and the capi- tal improvements made to Hartford schools. Edu- cation Alternatives said it will continue to attempt to collect additional amounts from Hartford. > RSI Systems Inc., Edina, has named Donald Lies president and chief exec- utive officer, succeeding Dennis Leese, who will become vice chairman of the company. Lies was president of CHORUS Group, Minneapolis. Richard Braun, a director of the company, has been named chairman of the board. > Chronimed Inc., Minne- tonka, said it has com- pleted the acquisition of StatScript Pharmacy, a company providing Pharmacy services to pa- tients with HIV and ,Vr1C ('hrnni n..,.l i -, Avis agrees to purchase by HFS for $800 million New owner plans to keep brand name, spin off company to its shareholders Associated Press NEW YORK — Car renter Avis Inc. has agreed to be bought by the owner of Days Inn, Howard Johnson and Century 21 in an 5800 million deal that focuses on the company's franchise value. HFS Inc. announced the wide- ly expected deal Monday. In keeping with its strategy of own- ing brand names rather than ac- tual operations, HFS intends to spin off Avis Rent A Car to its shareholders. The car rental company would pay HFS a fee to use the Avis name. "As we've seen in lodging and, more recently, residential real es- tate, HFS can leverage its fran- chise service skills for the benefit of Avis Rent A Car and its cus- tomers," HFS Chairman and Chief Executive Henry Silverman said in a statement. If approved, the deal would end Avis' history as one of the nation's best -known employee - owned companies. Employees hold 71 percent of Avis through an Employee Stock Ownership Plan (ESOP), which is overseen by an outside trustee. That trustee — as well as Gen- eral Motors Corp., which owns 29 percent of Avis — must approve the transaction. "The trustee has basically agreed to the deal as proposed," Avis Chairman and Chief Execu- tive Joseph Vittoria said in a con- ference call with reporters. "The trustee has been involved in the discussions." GM, too, has basically backed the idea, he said. Formal approv- als, however, are needed once a definitive agreement is put in place. The deal is expected to be completed by year's end. The transaction calls for share- holders to get about $500 million in cash and 5300. million in HFS common stock. For employees in the ESOP, the purchase price rep- resents more than twice the last valuation of their Avis stock, Vit- toria said. The spin -off of Avis Rent A Car to HFS shareholders would place the biggest chunk of Avis into a new company. It would include Avis' fleet of 175,000 cars, its 800 company -owned locations and $2.2 billion to $2.3 billion in debt. The remainder of Avis Inc. that will continue to be held by HFS would comprise the franchise rights to the Avis name as well as Avis' reservations system and other functions like marketing and information systems. Advantages of the deal, ac- cording to Silverman and Vittoria, would include the ability to com- bine strengths from both compa- nies, particularly knowledge of franchise operations. They also could package more closely car rentals with hotel stays at HFS properties.. Vittoria said one reason be- hind Avis' decision to go ahead with a sale is that a number of employees are reaching 55 years old, when they can opt to with- draw a percentage of their funds from their Avis shares in the ESOP and invest it in other com- panies' stock. That would force Avis to buy back the shares, a financially burdensome task. \1qfjW Irresponsible property owners have soaked Minneapolis with $6 million in FO R JQ� uncollected water bills. Though that's a fraction of the $34 million owed during 1989's billing snafu, the city might get tough by hiring a collection agency. � Overdue water b1olls? Start sweating By Kevin Diaz Star Tribune Staff Writer If you water your lawn often or take lots of showers in Minneapo- lis, you might want to make extra sure you pay your water bill on time. The city soon may send its delinquent accounts to a bill col- lector. The get -tough measure is one of several strategies being pro- posed to whittle down sonic $6 million in uncollected water bills, an area in which the city has had a troubled past. But whereas previous water billing problems were blamed on computer glitches and an anti- quated metering system that re- lied on quarterly billing and esti- mated readings, the problem now seems to have more to do with walkaway property owners and customer intransigence. "It's people not paying their bill, or walking off," said John Moir, the city's finance director. Turning to a collection agency, which would work for a percent- age of recovered money, would be new ground for the city. If the plan is adopted, it would work in tandem with the new automated meter- reading system throughout the city, which is now about 80 percent complete. Bills are now issued monthly. But sonic accounts, particular- "While the transition from the old water- billing system to the new system can be held partly responsible, I am concerned about what mechanism in our current system of utility billing allows these bills to reach such levels." Sharon Sayles Belton, Mayor of Minneapolis ----- .. _..... ly in apartment buildings, have been allowed to grow to five dig- its before the water department shuts off service. No forgiveness In some cases, outstanding water Bills — which attach to property, not to people — have significantly increased the cost of redeveloping abandoned or di- lapidated buildings where the new owners are left to pay off the old bills. In a move applauded by May- or Sharon Sayles Belton, the City Council recently turned down a landlord's request to waive an $11,319 water bill that had been charged to it building he bought at 3424 Stevens Av. S. While city officials expressed sympathy with the landowner's predicament, they said they could not set a precedent by forgiving past water bills, no matter how responsible or reputable the new owners are. Since 1992, when the city be- gan catching up from its past wa- ter- billing problems, the city has collected $13.2 million more for utilities than it has billed. Out- standing water bills, which peaked at $34 million during the height of the 1989 billing snafu, have since dropped to the current $6 million. While iliat is encouraging, offi- cials are still unhappy with the high number of past -due bills, two - thirds of which were run up by departed billpayers and prop- erty owners, as was the $11,319 bill on Stevens Av. "While the transition from the old water- billing system to the new system can be held partly responsible, I am concerned about what mechanism in our current system of utility billing allows these bills to reach such levels," Sayles Belton wrote to the council this month. "In my view, this is an issue that thasl never been fully answered." Proposed fixes Besides hiring a collection agency, several measures have been proposed: giving delinquent billpayers only one shot at a pay- ment plan; fixing broken stop - boxes, which allow the water de= partment to turn off water, and increasing turn -offs. In addition, officials are draft- ing an ordinance that would al- low tenants to contract for water service even if their landlords are in arrears. Officials are also looking at assessing delinquent water bills on properly taxes. Some council members have even talked about advance bill- ing, much like some private utili- ties do, although others wonder whether that's feasible. Another idea is to block sales of property until water bills are paid. A full report on the new collec- tion strategies comes due July 18. But nobody thinks the water-bill- ing problems will disappear. Council Member Alice Rain - ville said, "Every time we set something up, people are going to try and figure out ways to get around it." And while some might be sur- prised to see the city take a hard- ball stand on water bills, Moir said, "It makes perfect logical sense to use the same collections methods as private industry."