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cp05-12-1992 cAGENDA
• REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MAY 12, 1992
1. Call to Order - 7:30 P.M.
2. Invocation - Rev. Brian Brosz, First Congregational Church
3. Consideration of Minutes
Regular Meeting of April 28, 1992
Action - Approve as Distributed - Approve as amended
4. Routine Items
(a) Reports of Officers, Boards and Commissions
1. Building Official's Report - April 1992
2. Hospital /Nursing Home Board Minutes of February 18,
March 17, and April 1, 1992
Action - Motion to order report and minutes filed
• 5. Public Hearing - 8:00 P.M.
(a) Intoxicating Liquor License Application for Lamplighter
Lounge II Located At Plaza 15, Gary Landreville, Owner
Action - Motion to close hearing - Motion to reject -
Motion to approve and issue license
(b) Proposed Transfer of Cable Franchise
Action - Motion to close hearing - Motion to reject -
Motion to approve - Motion to adopt Resolution No. 9723
(c) Assessment Roll No. 275A, Letting No. 1, Project
No. 92 -01
Action - Motion to close hearing - Motion to reject -
Motion to approve - Motion to adopt roll and award
contract - Motion to waive reading and adopt Resolution
No. 9719
(d) Assessment Roll No. 275B, Letting No. 1, Projects
No. 92 -03 & 92 -04
Action - Motion to close hearing - Motion to reject -
Motion to approve - Motion to adopt roll and award
• contract - Motion to waive readings and adopt
Resolutions No. 9720 & 9721
CITY COUNCIL AGENDA - MAY 12, 1992
6. Communications Requests And Petitions
None
(a) Ordinance No. 92 -54 - Subdivision Ordinance, Public
Site And Open Spaces
Action - Motion to reject - Motion to waive second
reading and adopt
(b) Ordinance No. 92 -57 - Ordinance Establishing Licensing
for Refuse Haulers
Action - Motion to reject - Motion to waive second
reading and adopt
(c) Ordinance No. 92 -58 - Ordinance Granting Mainstreet
Association the Right to Maintain A Popcorn Wagon In
Library Square
•
Action - Motion to reject - Motion to waive first
reading and set second reading for May 26, 1992 •
(d) Resolution No. 9712 - Resolution For Purchase
Action - Motion to reject - Motion to waive reading and
adopt
(e) Resolution No. 9713 - Arbor Day Proclamation
Action - Motion to reject - Motion to waive reading and
adopt
(f) Resolution No. 9714 - Resolution Accepting Pledged
Securities From Marquette Bank of Hutchinson
Action - Motion to reject - Motion to waive reading and
adopt
(g) Resolution No. 9722 - Resolution of Appreciation for
Assistance from McLeod County Recorder's Office
Action - Motion to reject - Motion to waive reading and
adopt
2 0
E
CITY COUNCIL AGENDA - MAY 12, 1992
(h) Resolution No. 9725 - Resolution to Decertify
Assessments Due And Payable In 1992 for Third Avenue
N.W. /Dakota Rail, Inc.
Action - Motion to reject - Motion to waive reading and
adopt
8. Unfinished Business
(a) Consideration of Policy On Tax Forfeiture Assessments
(DEFERRED APRIL 28, 1992)
Action -
(b) Discussion of Policy Alternatives for Delinquent And
Deferred Assessments (DEFERRED APRIL 28, 1992)
Action -
9. New Business
(a) Consideration of Setting Special City Council Meeting
to Award Contract for Water /Sewer Equipment
• Action - Motion to reject - Motion to approve and set
meeting for May 20, 1992 at 12:00 Noon
(b) Consideration of Subdivision Agreement for First
Addition to Peterson Terrace
Action - Motion to reject - Motion to approve
(c) Consideration of Police Department Policy And Inter -
Agency Agreement
Action - Motion to reject - Motion to approve
(d) Consideration of Approving Disadvantaged Business
Enterprise (DBE) Program for Hutchinson Municipal
Airport
Action - Motion to reject - Motion to approve
(e) Consideration of Application for Transient Merchant
License By Richard Seipel, dba The Country Stop
Action - Motion to reject - Motion to approve and issue
license
3
CITY COUNCIL AGENDA - MAY 12, 1992
(f) Consideration of ordering Preparation of Assessment
Roll And Setting Assessment Hearing for Letting No. 2,
Projects No. 92 -02 & 92 -09
Action - Motion to reject - Motion to approve roll
preparation and hold hearing June 9, 1992 - Motion to
waive reading and adopt Resolutions No. 9715 & 9716
(g) Consideration of Awarding Letting No. 7 & No. 7B,
Project No. 92 -12 & 92 -12B (Downtown Redevelopment- -
Phase II Demolition /Purchase And Removal)
Action - Motion to reject - Motion to approve and award
contract - Motion to waive reading and adopt Resolution
No. 9717 & No. 9724
(h) Consideration of Awarding Letting No. 8, Project No.
92 -13 (North Park Tennis Court Rehabilitation)
Action - Motion to reject - Motion to approve and award
contract - Motion to waive reading and adopt Resolution
No. 9718
0
(i) Consideration of Contract Agreement with Barr •
Engineering Company for Old Landfill Mitigation
Feasibility Study
Action - Motion to reject - Motion to approve and enter
into agreement
(j) Consideration of Cost of Living Adjustment for 1992
Action -
(k) Consideration of Procedure for Administering Merit Pay
Action -
(1) Consideration of Request By Allen Reiner to Construct A
Private Hangar At Hutchinson Municipal Airport
Action -
(m) Discussion of Relocation of Hutchinson Iron & Metal
Action -
4 0
0
CITY COUNCIL AGENDA - MAY 12, 1992
(n) Discussion of Liquor Store Regarding Proposed Door
Access Into Grocery Store
Action - Motion to reject - Motion to approve to leave
open
(o) Consideration of Purchase Agreement for Liquor Store
Condominium
Action - Motion to reject - Motion to approve and enter
into agreement
10. Miscellaneous
(a) Communications from City Administrator
11. Claims, Appropriations And Contract Payments
(a) Verified Claims
Action - Motion to approve and authorize payment from
appropriate funds
• 12. Adjournment
•
5
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tuna 0.404 U.S. bwawr W Or coawsep.
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APRIL 1992
Misses, wren any errors an rrsia and aderesa 1rJual ZAP Coal
REPORT OF BUILDING OR 553
ZONING PERMITS ISSUED
AND LOCAL PUBLIC
CONSTRUCTION 357400 27 4 9999 gas 1 0
26 9799 02730
JAMES PARKA BLDG OFFICIAL
If yourbuddmg permrtsystem has charged, FOR CITY Of HU7CHINSUM
mark (Xi appropriate box below and explain CITY HALL 37 WASHINGTON All WEST
Yr Comments,
NUICNIMSON MN 55350
❑ Di¢ontlnuhs baump Ferm to
❑ Merged with another system
❑ Spin imo two or more system•
❑ Annexed land areas
PLEASE COMPLETE AND MAIL
❑ Had other
changes THIS FORM ON OR BEFORE MA 4. 1q9'
11 no permits were issued during Burasu of the Cmsua Inelructona are included. For
this period, mark (XI In the box ❑ 1201 East 10th Street further assistance, cell collect
and return this form JeRenomilne, IN 47132-0001 (301)763-7244.
NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED
HOUSEKEEPING Number of Number of
ham Veil ton of Valuation of
BUILDINGS
Na- Housing consvuctipn Housing construction
Buildings Buildings
unit/ Odin cents units Omar cenn
1.) Ibl Id Idl I.1 IH 1
Single family houses, detached
Exclude mobile homes. 101 4
425,101
Single - family houses, attached
- Separated by ground to roof well,
-No units above w below, and
- Separate hearing systems and utility meters.
ICoum each unit as a separate building) 102
Two - family building, 103
Three and four family buildings 104
Five at more family buildings 106
TOTAL — Sum of 701 -105 — 109 4
4
NEW RESIDENTIAL PRIVATELY OWNED
PUBLICLY OWNED
NONHOUSEKEEPING item Number of
Valuation
Number of
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Hotels, motels, and icunst cabins
(transientxcammodauonsonly) 213
Other nonhousekeeping shelter 214
NEW
PRIVATELY OWNED
PUBLICLY
OWNED
NONRESIDENTIAL Item Number
BUILDINGS
Valuation of
Number
Valuation of
No. of
construction
of
construction
buildings
Omit canr.
buildings
Odin cenn
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1.1
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Amusement, souel, arW recreational 318
Churches and other religious 319
Industrial 320 1
4161-1)(10
Parking garages (buildings and open deckedl 321
Service stations and repair garages 322
Hospitals and institutional 323
1
OHrces, banks. and rafts".ral 324
Public works and utibties 3215
Schools and other educational 326
S tore, anal customer services 327
Other nonresidential buildings 326 4
3-360
Structures other than buildings 329
ADDITIONS. PRIVATELY
OWNED
PUBLICLYOWNED
ALTERATIONS, AND Item
Number
CONVERSIONS
Valuation of
Number
Valuation of
No. of
construction
of
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Omit cane
buildings
Omit ants
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Residential — Cla.slfy additions of
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Nonresidential and nonhousekeeping 437 11
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Additions of residential garages apd carports
(attached and aUchedl 438
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Total VAluation 1,539,080
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•
•
Amended
HUTCHINSON COMMUNITY HOSPITAL/
BURNS MANOR NURSING HOME
REGULAR BOARD OF DIRECTORS MEETING - February 18, 1992
Conference Room A/B - 5:30 p.m.
Present: Rich Myers, Vice President; Jim Mills, Secretary; Elaine Black, Trustee;
Rev. Thor Sksie, Trustee; Roger Gilmer, Trustee; Mike Carls, Trustee;
Marlin Torgerson, Trustee; Dr. John Zenk, Chief of Medical Staff AL
Absent: Dori Johnson, President (excused) -
Others Present: Philip G. Graves, CEO; Robert Koepcke, BMNH Administrator; Karen
Malmsten, Director of Finance; Peter Worthington, M.A. Mortenson
Co.; Jane Lien, Director of Nursing Services; Jan Conner, Medical
Staff Coordinator /Risk Manager; Robyn Erickson, Director of
Education and Marketing; Tim Benoit, KDUZ Radio; Laurie Hulkonen,
Recording Secretary
Prior to the meeting, an update on the construction project was presented by
Worthington. Construction progress was reviewed, and it was noted that completion of
the Same Day Surgery area and completion of MHU remodeling is expected by the end of
this month. Costs, scheduling and issues needing board action were discussed. The
group thanked Worthington for his presentation, and he then left the meeting.
The meeting was called to order by Vice President Myers at 6:05 p.m.
Minutes of Past Meetings Minutes of the January annual and February special meeting
of the board of directors was reviewed. Following discussion:
Motion wa made by Mille, seconded by Zenk, to approve the minutes of the
January 21, 1992, annual meeting and the February 4 special meeting of the
board of directors. All were in favor. Motion carried.
Medical Staff Meeting Minutes Dr. Zenk presented the minutes of the February
meeting of the HCH medical staff. Delinquent records were down slightly for the
month, showing an improvement over the previous month. Two new drugs were approved,
and Lynette Wendlandt, Infection Control Practitioner, was approved in her new
position. ICU and ER committee minutes were also discussed. Chiropractors' ability
to order scans was considered but the issue remains under study until further
information is obtained.
Letters, requested at the previous meeting, to legislators responsible for increasing
healthcare reimbursement for Medicare patients, were reviewed. A typographical error
will be corrected and the letters brought back to the group for signing.
Old Business
A. Protect Uvdate The monthly construction report was presented prior to the
meeting.
B. Election of officers Recommendation was heard from the Election Committee to
extend current board appointments to June 30 and change annual election date to
June of each year to allow office terms to coincide with July 1 reappointment
dates. Recommendation was also made to adopt the following slate of
candidates: Rich Myers, President; Jim Mills, Vice President; Dr. John Zenk,
Secretary.
4 6
,� -A (
Regular Board of Directors Meeting - 2/17/92
Page Two
•
Old Business (continued)
(B.) Following discussion:
Motion was made by Gilmer, seconded by Black, to accept the
recommendations of the Election Committee and extend current appointments
until June 30; hold elections prior to July 1 of each year to coincide
with reappointment dates; and elect Myers as President, Mills as Vice
President and 2enk as Secretary, with their terms of office to begin July
1, 1992. All were in favor. Motion carried.
New Business
A. Fourth Ouarter Risk Management Report Conner presented the fourth quarter
Risk Management and Quality assurance reports, in accordance with JCAHO
requirements.
The board reviewed the risk management report, showing 94 complaints were
received during the year. A change was noted in the Risk Management Plan; the
name of the QA Committee was not changed, so the plan was changed to read that
the QA Committee will provide the method of integration between QA and risk
management functions. The quarterly index of care was discussed, showing
transfusion, patient fall, medication variance, radiography retake, Medicare
mortality and delinquent record rates all below or well within established
guidelines. No claims are pending.
Conner also relayed information about the risk management certification program
she is errrolled, which is sponsored by MMI Insurance Co. and ARA. Completion •
date is March, 1995. Questions regarding program content were asked and
answered.
The Plant and Safety report was next given regarding disposal of contaminated
waste for HCH and outside organizations. It was learned the Safety Committee
is in the process of updating policies and procedures for fire safety to keep
up with the recent changes in the hospital's physical plant. The recycling
program, effective since 10/1/91, underwent revisions to address minor problems
noted.
Following discussion:
Motion was made by Skein, seconded by Myers, to accept the quarterly Risk
Management, QA and Plant and Safety reports as presented. All were in
favor. Motion carried.
LifeSpan Board Report Myers relayed LifeSpan's progress toward achievement of
1991 objectives and a "primer on healthcare." Also discussed wan the social
accountability report on LifeSpan hospitals, showing the estimated value of tax
exemption for these hospitals to the community. Other topics of discussion at
the recent meeting had to do with the merger, and it was noted that HCH's
portion of the due diligence was completed the previous week.
Regular Board of Directors Meeting - 2/17/92
• Page Three
C. Burns Manor Report Roepcke presented information on Burns Manor activities.
Discussions are underway for merging the HCH Foundation and BMNH Memorial Fund.
Current fund balances were discussed, and it was recognized that management of
these funds will become more important as they get larger. Plans are to accept
the offer by the Methodist Hospital foundation director to help organize the
fundraising /development effort for HCH /BMNH. Other BMNH business discussions
included satisfaction with current staffing levels, impending completion of the
health records room, and re- evaluation of nursing home departments by Good
Neighbor.
D. Other
Education Committee Report The Education Committee members reported on
their recent discussions and recommended that board members desiring to
attend a conference or seminar within the state proceed to register
themselves and attend, and that out -of -state conferences or seminars
would require board approval. Discussion included a request to set
minimum standards for board education. Topics for future education,
possibly provided at pre- meeting sessions for the entire board, could
include finance, new technology, ethics, quality improvement, charity
care, etc.
Following discussion:
Motion was made by Carla, seconded by Torgerson, to implement a
Board Education Policy stating that intra -state board education
offerings be available to board members at their own discretion and
that out -of -state education offerings require board approval. All
•- were in favor. Motion carried.
2. Medical Staff Appointments and Reappointments The board reviewed
applications for additional consulting staff privileges from Dr. Floro
Arrive and reapplications from John Possin, CRNA, and John Gillard, DDS.
Following discussion:
Motion was made by Torgerson, seconded by Zenk, to grant additional
consulting staff privileges to Dr. Floro Arrive and reappoint John
Possin, CRNA, and John Gillard, DDS, to the allied health staff.
All were in favor. Motion carried.
HCH /BMNH Accounts Payable The listing of accounts payable and cash disbursements
for the month of January was presented for approval. Following discussion:
Motion was made by Mills, seconded by Zenk, to approve for payment the attached
listing of accounts payable and cash disbursements in the amount of
$1,531,128.63 for HCH and $279.096.94 for BMNH. All were in favor. Motion
carried.
Stati stical Report and Financial Statements /Hospital Malmsten presented the report,
stating that admissions, average daily census and patient days continue to be less
than budget and slightly below from the previous year. Average percentage of
occupancy was 35.5 %.
Financial analysis for one month and YTD showed revenues of
of $376,075, leaving total operating revenue of $1,201,382.
increase taken on January 1 is only recognized by customers
all others are managed care customers with negotiated rates
Ok the increase.) operating expenses of $1,264,204 Left a $53
with a gain of $60,000 one year ago.
$1,577,457 and discounts
(It was noted that the
paying billed charges;
that aren't affected by
,549 net lose, compared
Regular Board of Directors Meeting - 2/17/92
Page Four
•
Statistical Report and Financial Statements /Nursing Home The reports were presented
and showed $284,045 in operating revenue for the month and discounts of $9,699. Not
operating revenue was $274,346, minus expenses of $266,721, leaving a bottom line of
$11,972.
Using both facilities' figures, the organization had an approximate $46,000 loss for
January.
Auxiliary Meeting Minutes HCH Auxiliary meeting minutes were not available but will
be presented at the next meeting.
Adiournment Motion was made by Skeie to adjourn the meeting
adjourned by Vice President Myers at 8:20 p.m.
Resnoctfully submitted,
Laurie Hut onen
Recording Secretary
LH
James F. Mille
Secretary
The meeting was then
•
•
/ HUTCHINSON COMMUNITY HOSPITAL/
(• BURNS MANOR NURSING HOME
REGULAR BOARD OF DIRECTORS MEETING - March 17, 1992
Conference Room A/B - 5:30 p.m.
Present: Rich Myers, Vice President; Jim Hills, Secretary; Elaine Black,
Trustee; Rev. Thor Skeie, Trustee; Roger Gilmer, Trustee; Mike
Carlo, Trustee; Marlin Torgerson, Trustee; Dr. John Zenk, Chief of
Medical Staff
Absent: Dori Johnson, President (excused)
Others Present: Philip G. Graves, CEO; Robert Koepcke, BMNH Administrator;
]Caren Malmsten, Director of Finance; Peter Worthington, M.A.
Mortenson Co.; Jane Lien, Director of Nursing Services; Jan
Luthens, BMNH Director of Nursing; Elaine Schermann,
Director of Rehab /TQM; Linda Ziemer, Personnel Director; Jan
Conner, Medical Staff Coordinator /Risk Manager; Robyn
Erickson, Director of Education and Marketing; Teri Rosati,
RDUZ Radio; Jeff Holmquist, Hutchinson Leader; Laurie
Hulkonen, Recording Secretary
Prior to the meeting, a tour of the recently - completed Same Day Surgery area
was given by Barb Keller, RN-OR Supervisor. The group then proceeded to
Conference Room A/B for dinner and the regular meeting.
The final construction report was presented by Worthington. Construction
progress was reviewed. Costs and one issue needing board action were
discussed. The group learned that the entrance doors to the lower level of
the hospital (old medical center entrance) needed to be updated to comply with
• the American Disabilities' Act (ADA) regulations now in effect. Four options
were discussed, and recommendation made to go with the fourth option.
The group thanked Worthington for his many months of dedication to the success
of the hospital's remodeling /expansion project, and he left the meeting.
The meeting was called to order by Vice President Myers at 6:05 p.m.
Minutes of Past Meetings Minutes of the February regular meeting of the
board of directors was reviewed. It was noted the attendance listing should
reflect the nacre of Dr. John Zenk, rather than Dr. Dean Nissen. Following
discussion:
Motion was made by Gilmer, seconded by Hills, to approve the minutes of
the February 18 regular meeting of the board of directors as amended.
All were in favor. Motion carried.
Medical Staff Meeting Minutes Dr. Zenk presented the minutes of the March
meeting of the HCH medical staff. Dr. Bill Peterson was present at the
medical staff meeting and spoke to the group about TQM. Zenk informed the
medical staff he would be trained in TQM this year, as well, attending the
same classes Elaine Schermann attended when HCH began the TQM process. Jan
Conner presented a report to the physicians on the 'pearls' of risk
management, outlining considerations to be made during interactions with
patients. He commended the physicians for their significant decrease in
delinquent records. Also approved at the meeting was an employee health
program relating to blood -borne pathogens. Committee reports were heard from
the ICU /CCU, ER, OB, continuing education and QA committees. The decision to
allow chiropractors to order MRIs and CTS was delayed until the next meeting
to allow further investigation. Zenk relayed that the group will be voting at
their next meeting for a representative to the LifeSpan and Health One
physicians task force.
�Z-4' ( ,2)
Regular Board of Directors Meeting - 3/17/92
Page Two
Old Business
A. Proiect Update The update was given prior to the beginning of the
meeting. The cost of the different options were discussed. Torgerson
relayed his discomfort with spending the money; however, the board
acknowledged we do have a violation with the ADA that must be corrected,
and the extra dollars now to avoid the possibility of a door swinging
Into another patient was seen as a good investment.
Following discussion:
Motion was made by Gilmer, seconded by Mills, to pursue Option 3
(two sets of sliding glass doors) at a cost of $13,750. All were
in favor. Motion carried.
New Business
A. Bale of Mammography Machine Graves recapped activity since the request
was made to sell this machine, which was state -of- the -art until the
industry standards changed in 1991. Although the value of the machine
was assessed at $15,000 by the manufacturer, the consortium originally
interested in the machine has received one as a gift, and are no longer
interested in ours.
Following discussion:
Motion was made by Carla, seconded by Mills, to approve the ale of
the used mammography machine at a price of $15,000 to whoever is •
interested. All were in favor. Motion carried.
Discussion ensued as to whether this machine could be donated to a
third -world country in nged of such technology. Skeie will contact
agencies to learn if they would like to receive it; however, any such
donation may need City Council approval.
B. ventilator Purchase A capital expenditure request for purchase of a
ventilator was received from Respiratory Care. This ventilator would
replace older equipment for which replacement parts are no longer
available. Following discussion:
Motion was made by Carls, seconded by Zenk, to approve purchase of
the ventilator requested at the quoted price of $13,387.25. All
were in favor. Motion carried.
C. Burns Manor Report Eoepcke presented his report on BMNH statistics and
activities during the previous month. Remodeling to comply with the ADA
regulations, telephone system improvement, consideration of
consolidating some Dietary duties between HCH and BMNH, a new work comp
incentive program, and a change in staff development focus were
discussed.
D. State Health Plan The board members present applauded the State for
the new plan but opposed the funding sources being considered. A 2%
"sick" tax on ACA's operating revenues was estimated to have a $150,000
impact on our bottom line for 1993. Information from the recent Star
Tribune article on the plan was shown, and a graph comparing operating
income with and without the sick tax was displayed. Suggestion will be
made to legislators to fund the program through a broad -based income tax
provision instead, although the group recognized the unlikeliness of •
that passing in an election year.
/ A '
Regular Board of Directors Meeting - 3/17/92
• Page Three
(D.) Although funding of the program is a big issue, the group felt the
controls placed on the industry in this bill was an even bigger issue.
The bill creates another level of bureaucratic surveillance. The
regulaeion will be to watch costs and insurance access but will cost
more money when none of these dollars are being used for patient care.
Following discussion:
Motion was made to write a letter to legislators to tell them we
disagree with the funding mechanism but agree with universal
access. All were in favor. Motion carried.
E. Guarterly Chemical Dependency Program Report Halverson presented a
quarterly report on the outpatient C.D. program. The board learned the
program's clientele is predominantly male, although a number of females
is slowly growing. The age span is increasing, serving clients ages 22-
81 during the past three months. Part of this increase is due to taking
part in an outpatient program before taking part in patient care. We
continue to emphasize the family component - -23 family members
representing 19 clients take part.
Referral sources include courts and social services (338), families
(178), and physicians and co- workers (508). Clients come from a five -
county area, and the payor mix includes Rule 25 (338), self -pay (68) and
Medicare (118). A graph of program days showed an increase in 1992 over
1990 and 1991 statistics. The program has stabilized at around 8
clients being served. We continue to have a strong after -care program,
seeing approximately 15 clients per week, and we are studying a relapse
program.
There will be a licensing visit in May, and Halverson relayed she
expects full licensure.
Discussing other mental health matters, Halverson also told the group
HCH received a letter during the past few weeks stating we have
completed the obligation to the government for the Community Mental
Health Center construction grants for building the MHU. She and Graves
also met with the McLeod County Commissioners to request involvement in
planning for the Southwest Mental Health Regional Planning Board, which
is studying a plan to organize services for a 23- county area, including
McLeod County. We have not been included as yet because they view our
MHU as a private institution. The County board indicated their support
of our involvement.
The board thanked Halverson for her report and complimented her and her
staff on the accomplishments of the mental health program since
separation from West Central Community Services Center.
F. Organizational Performance Evaluation Report Ziemer presented her
annual personnel evaluation activity summary. The board learned 214
employees received evaluations in 1991. The remaining employees include
new employees (60) or those whose evaluations are overdue (26). The
evaluation process for the hospital was reviewed, stating department
directors and supervisory staff perform the evaluations on employees.
This system is not the same as that in place at BMMH; HCH evaluates
employees at their 90 -day employment date and annually thereafter, close
to their anniversary date. Changes are expected in evaluations,
allowing us to closer match them to the job description, and a different
system will be considered as we look at the quality management aspects.
The board thanked Ziemer for her report, and she left the meeting.
(3s
Regular Board of Directors Meeting - 3/17/92
Page Four
G. Other
Pevchiatrist Hired Announcement was made that Dr. William
Sheehan has been hired as HCH's second staff psychiatrist end will
be joining the staff on September 1. Part -time psychiatrists will
likely continue coverage because mental health services have
identified two additional markets interested in our services.
Sale of Old Ultrasound machine The board learned that our former
ultrasound machine, purchased in 1985, has a $10,000 value. The
equipment is not being used, and HCH received two offers. The
highest was $5,500 for the equipment without the camera (which
will continue to be used at HCH). Following discussion:
Motion was made by Torgerson, seconded by Black, to accept
the highest offer to purchase the unused ultrasound machine,
without the camera. All were in favor. Motion carried.
3. Ford Place Graves told the board that HCH has been requested to
vacate the Ford Place building by March 31. He has discussed the
possibility of auctioning the equipment, consisting mostly of old
hospital beds and other furnishings, and will proceed to liquidate
these items.
Hill Burton Obligation HCH has met its Hill Burton obligation in
association with the construction grant for the hospital. The
hospital will continue with the charity care program, but this may
depend on how the State funds the HealthRight insurance plan. We
are no longer required to provide this; however, we may want to
, continue as a service to the community. •
Foundation Gift Announcement was made that the HCH Foundation
donated $6,066 for new patient chairs. Following discussion:
Motion was made by Skeie, seconded by Gilmer, to send a
letter of appreciation to the HCH Foundation board for their
gift of patient chairs. All were in favor. Motion carried.
6. Rewest for Dassel HPSA Designation Graves informed the board
that the Dassel Clinic's request for designation ae a manpower
shortage area was turned down by the federal government. The next
step is to redo the request and submit it to Governor Carlson to
declare it as a shortage area. We are meeting with LifeSpan soon
because we have a sizable payables issue, in excess of $100,000.
Accounts Payable The listing of accounts payable and cash disbursements was
next presented. Following discussion:
Motion was made by Skeie, seconded by Gilmer, to approve for payment the
attached listing of accounts payable and cash disbursements in the
amount of $1,061,304.91. All were in favor. Motion carried.
Statistical Report Appreciation for the new statistical format was stated.
It was learned that 50% of our patients came from Hutchinson in 1991; thus
far, 56% of patients are from Hutchinson. Admissions are dropping, but our
Hutchinson share is increasing. Average daily census was 26.7, and length of
stay was 3.8, compared to 4.6 last year. A reduction in Med /Burg and Mental
Health was seen. Newborns showed an increase over the budget for the month.
It was noted that Surgery was above last year's numbers but below the
ambitious budget projection. •
4
Regular Board of Directors Meeting - 3/17/92
• Page Five
Statistical Report (continued) radiology were down compared to budget. CT
will increase since it's in -house now. Outpatient visits continue to
increase.
Nursing home statistics showed 8 admissions, compared to 13 for the month
before. The nursing home had 989 occupancy, with four more admissions
expected.
Financial Reports The consolidated balance sheet and consolidated YTD and
monthly analysis statements were discussed, and staff complimented on the new
formats.
A $206 gain was realized, compared to a budgeted loss of $16,000. Revenues
are on budget, the discounts slightly less than budget; therefore net
operating revenue is at budget. Expenses under budget by $13,005, and we are
$32,000 under budget in salaries.
Auxiliary Meeting Minutes Minutes of the January and February auxiliary
meetings were presented. No unusual comments were made.
Adiournment There being no further business, the meeting was adjourned at
8:40 p.m.
Respectfully submitted,
(" Laurie Hulkonen
James F.
Mille
Recording Secretary
Secretary
LH
i
� 5�
HUTCHINSON COMMUNITY HOSPITAL/
BURNS MANOR NURSING HOME
BOARD OF DIRECTORS AD HOC COMMITTEE MEETING - April 1, 1992
Conference Room C - 4:00 p.m.
Present: Dori Johnson, President; Rich Myers, Vice President; Jim Mills,
Secretary; Marlin Torgerson, Trustee
Others Present: Philip G. Graves, CEO; Karen Malmsten, Director of Finance;
Linda Ziemer, Personnel Director; Laurie Hulkonen, Recording
Secretary
The purpose of the meeting was to discuss a proposal by Graves to delay 1992
salary increases at the hospital. After watching lower -than- budgeted business
volumes carefully for three months, a six month delay is being proposed.
Graves noted that staffing is being watched very carefully, with additional
staff being hired only where demand is high. The dilemma in the Nursing and
Radiology departments was cited, where minimal staffing could care for more
people if the patient volumes were there. Those areas which are not busy are
managing by sending their people home on HTO time (where salary is not paid
but benefits are accrued).
Graves outlined his proposal to delay increases for all employees by six
months. It was recognized that some employees might object to the delay and
look elsewhere for work, but the proposed short -term, across- the -board delay
should be acceptable to most.
Torgerson relayed that the City gave no increases this year and may reduce
hours rather than cut staff. They are going to a 36 -hour week rather than 40,
a their benefits stay the same, but total dollars will drop. Myers told the
group he felt increases should be given retroactive to January 1 so that
employees don't feel their loyalty is being taken advantage of. He stated he
thought an alternative to cutting wages would be to stop services. And
Johnson relayed that she felt there would be a negative impact on the hospital
if we gave a raise to employees after the loss experienced in the 1991 fiscal
year.
Mills questioned the impact on HCH versus BMNH. Graves replied that the delay
will not affect BMNH, and nursing home increases will go through on July 1 as
budgeted. He restated the goal to equalize benefits, and Malmsten and Ziemer
shared calculated figures on a possible plan that would cost $50,000 if we
provide BMNH with the health insurance option. Graves indicated this will
became a cash flow problem until it is built into the rate structure; however,
we will receive later.
Malmsten discussed the impact of the salary adjustments on the bottom line,
and Ziemer discussed adjustment options (e.g., a 31 adjustment to salary
ranges) for the hospital.
Group consensus was to delay the adjustments for six months and send a memo to
employees containing questions that might be asked and their answers. Those
present will talk to absent board members to gain their consensus on the delay
and inform Graves if anyone received adverse comments.
There being no further business, the meeting adjourned at 5:45 p.m.
Respectfully submitted,
,
Laurie Hulkonen
Recording Secretary
LH
,� -A(0)
HUTCHINSON HOSPITAL
AND BURNS MANOR NURSING HOME
Income Statement for Periods Ended March 31. 1992
YTO ANALYSIS - ACTUAL VERSUS BUDGET
• REVENUE & EXPENSE
TOTAL REVENUE
Discounts
NET OPERATING REVENUE
OPERATING EXPENSES:
Salaries
Benefits
Professional Fees
Medical Fees
Utilities, Mince Contracts & Repairs
Food, Drugs & Supplies
Other Expenses
Depreciation
Interest
Total Operating Expense
OPERATING MARGIN
TOTAL OTHER REVENUE (EXPENSE)
NET INCOME (LOSS)'
MARCH 92 %of MARCH 92 %of Increase Percen:
Actual Total Budget - Total (Decrease) Variance
5,547,726 100.00% 5,901,156 100.00% (353,430) -5,99%
(1,136,564) - 20.49% (1,239.941) - 21.01%. 103.377 -8.34%
4.411,162 79.51 %s 4,661.215 78.99% (2`_0.053) -5.36%
2,209,543
448,606
165,209
202.056
169,515
659,534
123,610
282,520
185.993
4,446.588
39.83% 2.313.278
8.C9%
478,325
2.98%
178,194
3.64%
194,970
3.06%
187,146
11.89 %.
634,692
2.23%
168.617
5.09%
264,630
3.35%
220,302
80.15%
4,640.154
-0.64%
21,061
39.20%
(1C3.735)
-4.48%
8.11%
(29.719)
-6.21%
3.02%
(12.985)
-7.29%
3.30%
7,086
3.63%
3.17%
(17,631)
-9.42%
10.76%
24.842
3.91%
2.96:
(45.007)
- 26.69`0
4,48%
17,890
6.76%
3.73%
(34.309)
- 15.57:
78.63%
(193.566)
- 4.17:0
0.36%
(56.487)
- 268.21%
(35,426)
29,407
...... L6 019)
MONTHLY Analysis
•
REVENUE& EXPENSE
TOTAL REVENUE
Discounts
NET OPERATING REVENUE
OPERATING EXPENSES:
Salaries
Benefits
Professional Fees
Medical Fees
Utilities, Mtnce Contracts & Repairs
Food, Drugs & Supplies
Other Expenses
Depreciation
Interest
Total Operating Expense
OPERATING MARGIN
TOTAL OTHER REVENUE (EXPENSE)
NET INCOME (LOSS)
C J
MARCH 92 %Of MARCH 92 %of Increase Percent
Actual Total Budget Total (Decre Variance
0.53% 54,416
75.477
0.92% (25.009) - 45.96°.
1.28% (81.496) - 107.97%
1,866,363 100.00% 2,015.023 100.00% (148,660) -7.36%
(382.424) - 20.49% (423,552) - 21.02% 41.128 -9.71%
1,483,939 79.51% 1591.471 78.98% (107,532) -6.76%
748,268
115,012
62,722
63.626
62,427
196,293
38.563
109,180
60,318
1,456.408
40.09%
786.829
6.16%
162.018
3.36%
61,868
3.41%
65,295
3.34%
62,384
10.52%
215283
2.07%
73,102
5.85%
88.210
3.23%
73,434
78.03%
1.588.473
1.48%
3,048
39.05 %i
(38.541)
-4.90%
8.04%
(47,006)
- 29.01%
3.07%
854
1.38 %.
324%
(1,669)
-2.56%
3.10%
43
0.07%
10.68%
(18,990)
- 8.82%.
3.63%
(34,539)
- 47.25 %.
4.38%
20.950
23.75%
3.84%
(13.116)
- 17.86%
78.63%
(132.015)
-8.31%
0.15%
24,482
803.22:•
4,066
31,596
0.22% 18.529
1.68% 21,577
0.92% (14,483) - 78.06 %i
1.07% 10.019 46.44%
�-Ar (z)
HUTCHINSON HOSPITAL
Income Statement for Period Ended March 31, 1992
REVENUE & EXPENSE
TOTAL REVENUE
Discounts
NET OPERATING REVENUE
OPERATING EXPENSES:
Salaries
Benefits
Professional Fees
Medical Fees
Utilities, Mtnce Ccntracts & Repairs
Food, Drugs & Supplies
Other Expenses
Depreciation
Interest
Total Operating Expense
OPERATING MARGIN
MONTHLY ANALYSIS — ACTUALVERSUS BUDGET
MARCH 92
Actual
%of
Total
MARCH 92
Budget
%of
Total
Increase
(Decrease)
Psrd
Varia
1,590,220
100.00%
1,733,316
100.00%
(143,096)
—8.26%
(373,648)
— 23.50,%
(422.279)
— 24.36%
48,631
— 11.52%
1,216,572
76.50%
1,311,037
75.64%
(94.465)
—7.2 -%
595,662
37.46%
632,186
36.47.
(36.524)
— 5.78%
84,599
5.32%
124,704
_ 7.19%
(40,105)
— 32.16%
51,381
3.23%
50,452
2.91%
929
1.84%
63.626
4.00%
65,295
3.77%
(1,6669)
—2.56%
52,553
3.30%
51,788
299%
765
1.48%
159,086
10.00%
182,046
10.50%
(22.960)
— 12.61%
36,547
2.30%
69,768
4.03%
(33.221)
—47 -625
99,007
6.23%
77,918
4.50 %"
21,089
27.07%
54,879
3.45%
68,003
3.92%
(13.124)
— 19 -30;e
1,197,339
75.29%
1,322,160
76.28%
(124,821)
—9.44%
19,233
1.21%
(11,123)
— 0.64%
30,356
— 272.91%
TOTAL OTHER REVENUE (EXPENSE) 1,549 0.10% 17,446 1.01% (15,897) — 91.12%
NET INCOME !,LOSS) 20.782 1.31% 6.323 0.36% 14,459 228.67%
MONTHLY ANALYSIS — ACTUAL VERSUS PRIOR YEAR ACTUAL
MARCH 92 %of MARCH 91 %of Increase
Actual Total Actual Total (Decrease
REVENUE & EXPENSE
TOTAL REVENUE
Discounts
NET OPERATING REVENUE
OPERATING EXPENSES:
Salaries
Benefits
Professional Fees
Medical Fees
Utilities, Mtnce Contracts & Repairs
Food, Drugs & Supplies
Other Expenses
Depreciation
Interest
Total Operating Expense
OPERATING MARGIN
1,590,220
100.00%
1,383,785
100.00%
206,435
14.925
(373.648)
— 23.50%
(317,128)
— 22.92%
(56.520)
17.82%
1,216,572
76.50%
1,066,657
77.08%
149.915
14.05%
595,662
37.46%
550,286
39.77 %
45,376
8.25`6
84,599
5.32%
85,558
6.18%
(959)
— 1.12°6
51,381
3.23%
44,421
3.21%
6.960
15.67%
63,626
4.00%
85,115
6.15%
(21.489)
— 25.25%
52,553
3.30%
35,343
2.55%
17,210
48.69%
159,086
10.00%
164,298
11.87%
(5.212)
—117%
36,547
2.30%
37,992
2.75%
(1,445)
— 3.80%
99,007
6.23%
38,960
2.82`6
60,047
154.13;<
54,879
3.45%
12.747
0.92%
42.132
330.52%
1,197,339
75.29%
1,054,720
76.22%
142.619
13-52%
19,233
1.21%
41,937
0.86%
7,296
61.12%
TOTAL OTHER REVENUE (EXPENSE) 1,549 0.26% 21169
NET INCOME (LOSS)
20.782 1.31% 35.106
4.21% (21,620) — 93.31%
2.54% (14,324) — 40.80%
11
BURNS MANOR NURSING HOME
Income Statement for Periods Ended March 31, 1992 and 1991
MONTHLY ANALYSIS - ACTUAL VERSUS BUDGET
MARCH 92
-.of
MARCH 92
%of
Increase
Percent
•
Actual
Total
Budget
Total
(Decrease)
Varianca
REVENUE & EXPENSE
TOTALREVENUE
276,142
100.00%
281,707
100.00-/.
(5,565)
-1,98%
Discounts
(8,776)
-3.18%
(1,273)
-0.45%
(7.503)
589.40%
NET OPERATING REVENUE
267,366
96.82".
280,434
99.55%
(13.068)
-4.66%
OPERATING EXPENSES:
Salaries
152,626
55.27%
154,643
54.89%
(2,017)
-1.30%
Benefits
30,413
11.01%
37,314
1125%
(6,901)
- 18.49%
Professional Fees
11,342
4.11%
- 11,416
4.05%
(74)
-0.65%
Medical Fees
0
0.00%
0
0.00%
0
ERR
Utilities, Mtnce Ccntracts & Repairs
9,874
3.58%
10,596
3.76%
(722)
-681%
Food. Drugs & Sucolies
37,207
13.47%
33,237
11.80%
3,970
11.95%
Other Expenses
2,016
0.73%
3,334
1.18%
(1,318)
- 39.53%
Depreciation
10,152
3.68%
10,292
165%
(140)
- 1.36%
Interest
5,439
1.97%
5,431
1.93%
8
0.15%
Total Operating Expense
259,069
93.82 a
266,263
94.52%
(7,194)
-2.70%
OPERATING MARGIN
8,297
3.00%
14,171
5.03%
(5,874)
- 41.45%
TOTAL OTHER REVENU (EXPENSE)
2.517
0.91%
1,083
0.38%
1,434
132.41%
NET INCOME (LOSS)
10.814
3.92%
15.254
5.41%
(4.440)
- 29.11%
MONTHLY ANALYSIS - ACTUAL VERSUS PRIOR YEAR ACTUAL
MARCH 92
%of
MARCH 91
Yof
Increase
Percent
Actual
Total
Actual
Total
(Decrease)
V
REVENUE & EXPENSE
TOTAL REVENUE
•
276,142
100.00%
0
ERR
276,142
ERR
Discounts
(8,776)
-3.18%
0
ERR
(8.776)
ERR
NIFI OPERATING REVENUE
267,366
96.821%
0
ERR
267.366
ERR
OPERATING EXPENSES:
Salaries
152,626
55.27%
0
ERR
152.626
ERR
Benefits
30,413
11.01%
0
ERR
30,413
ERR
Professional Fees
11,342
4.11%
0
ERA
11,342
ERR
Medical Fees
0
0.00".
0
EAR
0
ERR
Utilities, Mtnce Contracts & Repairs
9,874
3.58%
0
ERR
9,874
ERR
Food, Drugs & Supplies
37,207
13.47%
0
ERR
37,207
ERR
Other Expenses
2.016
0.73
0
ERR
2,016
ERR
Depreciaton
10,152
3.68%
0
ERR
10,152
ERR
Interest
5,439
1.97%
0
ERR
5.439
ERR
Total Operating Expense
259,069
93.82-.
0
ERR
259.069
ERR
OPERATING MARGIN
8,297
3.00%
0
ERR
8,297
ERR
TOTAL OTHER REVENUE (EXPENSE)
2.517
1.65%
0
ERR
2517
ERR
NET INCOME (LOSS)
10,814
3.92%
0
ERR
10.814
ERR
•
. PUBLICATION NO. 4372
PUBLISHED IN THE HUTCHINSON LEADER: Thursday, April 30, 1992
NOTICE Or PUBLIC HEARING
TO WHOM IT MAY CONCERN
Notice is hereby given that a public hearing will be held on
Tuesday, May 12, 1992
at the hour of 8:00 P.M. in the Council Chamber
of City Hall for the purpose of:
This hearing will be held by the City Council
of the City of Hutchinson. At such hearing, all persons interested
may be heard.
/Gary D. Plotz/
City Administrator
April 28, 1992
Dated
'. —
issuing
an intoxicating liquor
license
to Gary Landreville,
owner of
Lamplighter Lounge II,
located
at Plaza 15.
This hearing will be held by the City Council
of the City of Hutchinson. At such hearing, all persons interested
may be heard.
/Gary D. Plotz/
City Administrator
April 28, 1992
Dated
'. —
MEMORANDUM
TO: Chief Madson
FROM: Sgt. Ron Kirchoff
DATE: April 7, 1992
L-J
RE: On Sale Intoxicating Liquor License Investigation on Gary
Leward Landreville
----------------------------------------------------------- - - - - --
Upon receiving the application from Mr. Landreville for a
license to sell intoxicating liquor in the City of Hutchinson at
Plaza 15 on a site formerly known as O'Tooles I completed the
following investigation. The application proposed the trade name
would be the Lamplighter Lounge II, Inc., owned by Gary
Landreville. Investigation into Mr. Landreville's background
revealed that he is a successful operator of a Lamplighter Lounge
in the City of New Ulm. Investigation in to Mr. Landreville's
background through the New Ulm Police Department showed very little
problems associated with the Lamplighter in New Ulm. I was advised
by New Ulm city officials that Mr. Landreville pays bills on time
and his operation is extremely well managed. A criminal background
revealed no criminal activities relating to either the Lamplighter
in New Ulm or Gary Landreville. Pursuant to Hutchinson City
Ordinance 5.027 requiring a residen= manager or agent, I
interviewed Mr Landreville who informed me that his son, Thomas
Landreville, DOB /10- 31 -70, will be managing the business. Through
the interview it was learned that Mr. Landreville has not moved to
the Hutchinson area but will provide the City Administrator with
his address within the City of Hutchinson prior to the opening of
the Lamplighter in the City of Hutchinson. While conducting the
interview with Mr. Landreville he indicated that Helmer Otto of the
Citizens Bank Insurance Company was providing insurance and he is
to provide a copy of that insurance to the City Administrator prior
to the 28th Council Meeting.
It is my recommendation, providing Gary Landreville show proof
of residency and if the insurance release is with packet prior to
the Council Meeting, that Mr. Landreville be granted the license to
operate and sell intoxicating liquors within the City of
Hutchinson.
RK /rb
Y
•
APPLICATION FOR ON -BALE INTOXICATING LIQUOR LICENSE
This fom was prepared by the City of Hutchinson and the Minnesota
Bureau of Criminal Apprehension, Department of Public Safety, pursuant
to Minnesota Statutes, 1976, Section 340.13, for purposes of back-
ground investigation. It does not supercede any laws, rules or
• regulations of the Division of Liquor Control regarding the issuance
of liquor licenses. Failure to provide information requested may
.result in denial of the application.
I. �y touwae - fl- - T4NG
Trade Nasep '
Z.
Licensing Period
3. Type of Applica � ew r-i Renewal
4. Gwrq biw4ea1LLE
Name of Applicant
5. f'Ukl fi/ew u�r� , m�✓ s�o
Home Address
6. Citizenship: to
7. 0CG 16-7
Place o Place 0� Date of Birth
S. PZ A 7 ' 4 iS M wv�y
9. (E L rb rX IJ
Legal Description
10. List owners of building or premise to be licensed, /�l rAUS -Avder - nj R �.
Sa a 0 4)
• ssyc�f-/v
11. List all partners, officers or directors, if corporation
Name Address 07 3 Date of Birth
CLAn�redic[� Q � NE' alM,AJ 11-
17. Prior experience in this type of business, OZo GAR S, n &77k, A&W7 UO
13. Present ownership in any otter liquor establishment$ L"1
14. Present ownership in any other� restaurant or �food bu / siresssi
15. Three Business References, - o i - S f
)VA)
• 16.
73
Date of Application
Transfer
Sa9.3SV f
Phone
��A X
17.
or
(,
So.
18. If this is • transfer application give name, address, of persons, partnership or
corporation holding license for the past year.
19. Who owns the bar /tavern fixtures? &r+ai4 • LflN��"'(.V /[`�
,�/ Gouwy aL+Gh,r
20. Are you a Minnesota resident? 1 ✓f Yee No
LLL___lll From To
If not, where resident? //II Dates of Residency
21. Residential Address during Past Five (5) Years, 901 NEty
22. Three Personal References, rp PC `j Ro$s A"WL&%j
C)k S ctpmd u &tJ llGrh lY N 5� 3 s4-
I�a�2,U�
27. Employment for the Past Five Years,
24. Any Convictions Othdr Than Minor Traffic,
25. This application must be accompanied by detailed statement of net worth and last year',
tax return and statement of sethod of payment for business, fixtures and inventory.
26. Applicant, and his associates in this application, will strictly comply with all the
Laws of the State of Minnesota governing the taxation and the sale of intoxicating
liquor, rules and regulations prouulgated by the Liquor Control CoandasionerE and
all ordinances of the mu,iclpality, and I hereby certify that I have read the fore-
going questions and that the answers to said questions are true of my own knowledge.
I further understand that an investigation fee not to exceed $500.00 shall be charged
an applicant by the city or oounty if the investigation is conducted within the state,
+ or the Cost not to exceed $10,D00.00 if the investigation is required outside the
state. I further understand the ordinances of the City of Hutchinson regarding the
operation of on-sale liquor llcanses and agree to abide by thr.
I
L
•
Signat1kre of Applicant
Subscribed and sworn to before me this
_ day of
MARavRa sw
\� Uotoky P llc) ®MOnAa'
MEEKER CC.
Y(areY�EgM K..
M' commission Expires, .
PUBLICATION NO. 4375
NOTICE OF PUBLIC HEARING
PROPOSED TRANSFER OF CABLE FRANCHISE
On May 12, 1992, the City Council of the City of Hutchinson,
Minnesota, will hold a public hearing to discuss and act on the
proposed transfer of control of Star Midwest, Inc. from the present
stockholder, Star Cablevision Group, to D D Cable Partners, L.P.,
a California limited partnership consisting of InterMedia Partners,
II, L.P. as general partner, and Midwest Franchise Corp., as
limited partner.
• The City Council will consider the legal, technical,
financial, and character qualifications of the above - referenced
entities to determine whether the proposed transfer of control will
cause an adverse impact on the services provided to cable
television subscribers.
The public hearing is scheduled to begin at 8:00 P.M. at the
City Hall located at 37 Washington Avenue West, Hutchinson,
Minnesota. All interested parties may attend and be heard.
Questions regarding this public hearing may be directed to the City
Administrator's office, (612) 587 -5151.
G y D Plotz
City Administrator
•
PUBLISHED
IN THE
HUTCHINSON LEADER
.
THURSDAY,
APRIL
30, 1992
PUBLICATION NO. 4375
NOTICE OF PUBLIC HEARING
PROPOSED TRANSFER OF CABLE FRANCHISE
On May 12, 1992, the City Council of the City of Hutchinson,
Minnesota, will hold a public hearing to discuss and act on the
proposed transfer of control of Star Midwest, Inc. from the present
stockholder, Star Cablevision Group, to D D Cable Partners, L.P.,
a California limited partnership consisting of InterMedia Partners,
II, L.P. as general partner, and Midwest Franchise Corp., as
limited partner.
• The City Council will consider the legal, technical,
financial, and character qualifications of the above - referenced
entities to determine whether the proposed transfer of control will
cause an adverse impact on the services provided to cable
television subscribers.
The public hearing is scheduled to begin at 8:00 P.M. at the
City Hall located at 37 Washington Avenue West, Hutchinson,
Minnesota. All interested parties may attend and be heard.
Questions regarding this public hearing may be directed to the City
Administrator's office, (612) 587 -5151.
G y D Plotz
City Administrator
•
May 8, 1992
A1?NOLD & MCDOWELL
:STTORNEYS AT LAw
101 PARK PLACE
HLTCHINSON, MINNESOTA 55350 -2563
Or COLy SEL
WILLIAM W. CAMERON
RAYMOND C, LALJ.I ER
PAUL M.BEOICH
CHARLES H.CARMICRAEL"
(612)587 -7575
FAX (612) 567 -4096
RESIDENT ATTORNEY
6. BARRY -ANDERSON
5881 CEDAR LAKE ROAD
MINNEAPKLIS,MINNESOTA 55416
(612) 545-9000
MN TOLL ?BEE 800- 343 -4545
FA_Y ( 612) 545 -1793
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
Re: Cable Franchise Transfer Issue
Our File No. 3244 -92054
501 SOUTH F URTH STREET
PRINCETON, MTN^- SOTA 55371
(612) 389 -2214
FA3 (612) 389 -5506
V1
Dear Gary:
• I am enclosing a copy of correspondence received from Intermedia
Partners dated April 21, 1992.
The review of D.D. Cable Partners, L.P. was uneventful. Moss &
Barnett did not unearth any negative information relative to the
proposed franchisee.
As I advised in prior correspondence, I believe the meeting went
well. The committee was impressed with the responsiveness of D.
D. Cable Partners, L.P. and also with the willingness of the
general partner to attend our meeting and discuss some of the
issues that have arisen under the prior franchise holder.
This matter is scheduled to be heard at the Tuesday, May 12, 1992
meeting. I would recommend approval of the transfer of the
franchise.
As you may recall, the Council has expressed some interest in
securing from D.D. Cable Partners, L.P., reimbursement for the
expenses of conducting the financial inquiry and the expenses of
this office in conducting the review.
Rosselle has indicated that it is the opinion of his Firm that they
are not obligated to make such payments in a transfer situation nor
are they obligated to address any of the other requests that have
• been made in connection with the transfer.
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A HEAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
DAVID B, ARNOLD
GARY D.WDOWELL
STEVEN A. ANDERSON
G. BARRY ANDERSON'
STEVEN S. HOLE
LAURA E. PRETLAND
DAVID A. BRUEOOEY- 'N
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O. MCGEE
TIMOTHY W. FAFINSKI
MARY E- HORROCKS
CATHRYN D. REBER
May 8, 1992
A1?NOLD & MCDOWELL
:STTORNEYS AT LAw
101 PARK PLACE
HLTCHINSON, MINNESOTA 55350 -2563
Or COLy SEL
WILLIAM W. CAMERON
RAYMOND C, LALJ.I ER
PAUL M.BEOICH
CHARLES H.CARMICRAEL"
(612)587 -7575
FAX (612) 567 -4096
RESIDENT ATTORNEY
6. BARRY -ANDERSON
5881 CEDAR LAKE ROAD
MINNEAPKLIS,MINNESOTA 55416
(612) 545-9000
MN TOLL ?BEE 800- 343 -4545
FA_Y ( 612) 545 -1793
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
Re: Cable Franchise Transfer Issue
Our File No. 3244 -92054
501 SOUTH F URTH STREET
PRINCETON, MTN^- SOTA 55371
(612) 389 -2214
FA3 (612) 389 -5506
V1
Dear Gary:
• I am enclosing a copy of correspondence received from Intermedia
Partners dated April 21, 1992.
The review of D.D. Cable Partners, L.P. was uneventful. Moss &
Barnett did not unearth any negative information relative to the
proposed franchisee.
As I advised in prior correspondence, I believe the meeting went
well. The committee was impressed with the responsiveness of D.
D. Cable Partners, L.P. and also with the willingness of the
general partner to attend our meeting and discuss some of the
issues that have arisen under the prior franchise holder.
This matter is scheduled to be heard at the Tuesday, May 12, 1992
meeting. I would recommend approval of the transfer of the
franchise.
As you may recall, the Council has expressed some interest in
securing from D.D. Cable Partners, L.P., reimbursement for the
expenses of conducting the financial inquiry and the expenses of
this office in conducting the review.
Rosselle has indicated that it is the opinion of his Firm that they
are not obligated to make such payments in a transfer situation nor
are they obligated to address any of the other requests that have
• been made in connection with the transfer.
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A HEAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Gary D. Plotz
May 8, 1992
Page 2
•
Under the circumstances, I would recommend approval of the j,C
franchise transfer and we ca`n - leave these issues to be discussed
ata later — date. I am satisfied that the new franchise holder will
TikeTy �e more responsive than the prior franchise holder and, as
I am sure you are aware, there have been continuing headaches with
service and related issues.
There seemed to be some confusion regarding the intent of the last
meeting. In my correspondence of the preceding week, I pointed out
that we had not yet had our public hearing and although a public
hearing may or may not be required, such a hearing was probably a
good idea. Unfortunately, I was not sufficiently clear and Mr.
Rosselle attended the meeting anyway.
I would suggest for purposes of our meeting this coming Tuesday,
that his attendance is not required although if the regional
representative were available, it would_ probably be a good idea for P—_
h t o attend answer any questions that the public may have. 7 a >:.
I have not enclosed with this correspondence the diligence form, .
although I have sent that form to Mark Guggemos for his review.
Please do not hesitate to contact me should you have any questions
in connection with this matter.
Very truly yours,
��LD & McDOWELL
Barry Anderson
GBA:lm
Enclosure
CC David G. Rosselle
HCVN Board of Directors
Mark Guggemos (with enclosures)
Sue Potter (with enclosures)
0
INTERMEDIA PA rNERS
David G. Rozzelle
General Panner
April 21, 1992
G. Barry Anderson, Esq.
Arnold & McDowell
101 Park Place
Hutchinson, MN 55350 -2563
Vil Federa Exor
Dear Barry:
I am writing in follow -up to our meeting last Friday in Hutchinson in which we
discussed the issues of concern to the City and the Cable Advisory Committee. In
anticipation of the City Council Meeting of April 28, 1992, 1 would like to state the
position of D.D. Cable Partners, L.P. on the issues raised in the meeting.
1. HCVN Eauioment Fee In light of the voluntary nature of the
$0.35 payment to HCVN by the subscribers, D.D. Cable Partners will
• commit to collecting the fee for the City. As we discussed, this fee will
not constitute "gross revenues" for franchise fee purposes.
2. Coordinator Salary and Eauioment Charges D.D. Cable Partners
will, of course, continue to pay the $12,000 coordinator's salary and up
to $2,000 in equipment costs each year. I am aware of HCVN's desire
to increase these amounts, but as I stated at the meeting, changes in the
existing franchise agreement are more properly subjects to be discussed
during our renewal negotiations, which should begin shortly. On behalf
of D.D. Cable Partners, allow me to assure you that we are prepared to
enter into those negotiations as soon as we are through the franchise
transfer process.
3. Technical Audit Per our discussion with Mark, I am enclosing a
copy of the diligence form we completed for the Hutchinson system last
summer when we did our inspection. It appeared to me that a major
complaint concerned the quality of the upstream channel used to feed
Channel 10 to the headend. As I stated at the meeting, it is the
system's responsibility to deliver an acceptable signal to the headend.
We will undertake repairs to correct that problem. As for general
concerns about the system's technical state, the FCC's new technical
standards require bi- annual proofs of performance which we will share
• with the City. The new standards are tough. If the system meets them,
235 Montgomery, Suite 420 ■ San Francisco, CA 94104 ■ (415) 397 -4121 ■ FAX (415) 397 -3978 —/
G. Barry Anderson, Esq.
April 21, 1992
Page 2
it will be in fine shape. I am hopeful sharing the test results will help
allay concerns over the system's general technical state.
4. Channel Offerings As you know, we met with the management
of the Appleton PBS station at City Hall following the cable meeting. It
appears that the station is located about 85 air miles from the cable
system headend. That is probably too far to receive an acceptable and
reliable signal for cable carriage. Nevertheless, we agreed to work
together to resolve the signal strength issue. Further, as I stated at the
meeting, the system will add Midwest Sports Channel if a survey of the
subscribers supports the addition of this expensive basic service. As you
know, many Minnesota systems increased rates $1.50 to $2.00 per
month when MSC was added. While we may be able to absorb some of
the expense, it is likely that we too will have to adjust rates if MSC is
added. Our subscribers should know that in advance.
5. Service. As we explained at the meeting, as soon as the
transaction closes, D.D. Cable Partners will add a senior technician to
the area to focus on sweeping (balancing) the systems in the region.
The tech will also make certain that the system does not "leak" in the
aeronautical bands, which is prohibited by federal rule. The addition of
this technician will relieve the local technicians from these chores and
will give them more time to respond to trouble calls and focus on system
maintenance.
As I stated at our meeting, D.D. Cable Partners believes that the relationship
between the City and the cable operator must remain satisfactory to both sides in
order to work well. Accordingly, we will meet with the City at any time to discuss
any issue of concern, up to and including the renewal of the franchise. My staff and
I do only one thing -- we operate cable television systems and, as the Moss & Barnett
report concludes, we do a good job. We look forward to working with the City and
the Cable Advisory Committee to serve the citizens of Hutchinson.
I will see you on the 28th.
cc: John Brinker
Mark Machart
Alexandra Becker
Gary Nadolsky
Cordially,
avid G. a le
Chief Executive Officer,
Cable Operations
L
INTERMEDIA PARTNERS System No.
CABLE DILIGENCE FORM
• CHECKLIST
The following items should be secured or completed for each head end visited by the diligence
team. If any of the items are not attached to the diligence form, but are to be supplied later, please
note that fact and note the person responsible for supplying the information in the "Comments"
column on this page and, if necessary, place additional information on Page 11.
REGION: DISTRICT: HEADEND:
Hutchinson Hutchinson I Hutchinson
4 C � '
ATTACHED%
ITEM
YES ,
NO
COMMENTS
Franchise(s)
Channel Card
%
Rate Card
X
Map of Service Area
X
Copy of Subscriber Bill
X
Copyright Form
FCC Form 320
FCC Form 325
FCC Form 395A
Photos (See Below)
S
4 C � '
INTERMEDIA PARTNERS
CABLE DILIGENCE FORM
I. MANAGEMENT INFORMATION
System No. 16
LA
Region: Redwood Falls Headend: Hutchinson Office: Hutchinson
Name of GM: (See Page 13) Telephone: 612 - 587 -5049
Address: (See Page 13) Fax No.: 612 -587 -7382
PASS- THROUGH OTHER PASS
INFORMATION FRANCHISE FEES COPYRIGHT FEES THROUGHS
Amount 5% Do not pass Sales Tax 6.5%
Date Imposed r_ -4--- C,_ ,,
been here
Page 1
SUBSCRIBER INFORMATION
GAIN IN LAST 12
INFORMATION
TYPE
NUMBER
MONTHS
DATE
Homes Passed
4 657
unknown
Total for all
Hutchinson system
Single Family
unknown
it rr
Mult pie Dwelling (EBU`s)
Commercial (EWil
"
Pay Units ��dsi
2,809
„
Additional Outlets
572
Remote Controls
388
"
PASS- THROUGH OTHER PASS
INFORMATION FRANCHISE FEES COPYRIGHT FEES THROUGHS
Amount 5% Do not pass Sales Tax 6.5%
Date Imposed r_ -4--- C,_ ,,
been here
Page 1
I. MANAGEMENT INFORMATION
(CONTINUED)
System No. 16
RATE INFORMATION — PAY SERVICES
Date of Info:
HBO MAX SHO TMC
Number of Subs 630 115 379 0
hate
9.95 10.95 7.95
Amount &Date Of i / 90 same sine $2.00 on
Last Rate Increase` by $1.00 1/90 NA
DISNEY OTHER
122 lCno Tv t
no change
I. MANAGEMENT INFORMATION System No. 16
(CONTINUED)
FRANCHISE INFORMATION
NAME OF
FRANCHISOR
APPROXIMATE
'NO. OF SUBS
CONSENT NEEDED
(Yes or No)
EXPIRATION DATE
OF FRANCHISE
Hutchinson
(see Sec. 1
(See Sandy)
6/1/94
sub count)
Any Competing Franchises Issued or Threatened?
Any Revocation or Sanction Proceedings? No
Any Local Origination or Public Access Requirements? pay $12,000
for HCVN director, $2,000 fee
equipment purchase ayear.
Any Cable Act Renewal Notices Missed? NA
j anticipation of expansion. )
Colleges, Universities or Military Bases: Technical College, Concordia College is talking about
opening a satellite facility her. St. Cloud State has a remot facility here.
N Seasonal Subscribers? very little -- Office Supervisor expects a 22Z increase in growth. '
r
Page 3
U. OFFICE INFORMATION System No. 16
(To Be Completed For Office Locations Only)
GENERAL INFORMATION ON OFFICE
Type of Office (Full Service or Satellite):
Full Service
Comments on Location:
Off Main Street
Comments on
Excellent
Leased or Owned?
If Leased, Rent and Expiration:
675/mo
Is There a Headend Located at Office? no
Headends or Hubs Served From This Office:
ield
Name: No name on phones, from Hutchinson Telephone
No. of Trunk Lines: 3 lines plus separate fax line
Cost of Long Distance, "800' or Tie Lines Per Month:
MISCELLANEOUS EQUIPMENT .
Type of Fax Machine: Sharp FO -550
Type & Number of Personal Computers: None: owns PCs
Equipment:
Page 4
II. OFFICE INFORMATION System No.
(CONTINUED)
Comments:
•
Page 5
INFORMATION ON EMPLOYEES
(Working Out of This Office) •
IIIA. TECHNICAL INFORMATION
MEADEND LOCATION)
Location Hutchinson
Am
System No. 16
•
Page 6
Prep
l.1c
Pw IM�u
M Ira
OurrMaw
a ............_..,.,. ,...
4 7
2809
1245
None
•
Page 6
IIIA. TECHNICAL INFORMATION
MEADEND LOCATION)
(CONTINUED)
Location
Hutc hinson
16
System No. _ •
( ) UHF
lTGF A �
y - 0 - Ium p �.Tr�pa! M.Troa! hap Cam ' Cam
1 7'
0
Page 7
ILIA. TECHNICAL INFORMATION
(HEADEND LOCATION)
(CONTINUED)
O alOn I r h1s0A�.
System No. _
Fq i li
Tu nat rs
�Sya3�3dtiK
Carn,.ata.
Pads Cam.
•
OBSERVATIONS.
Loakag• —
Orowc.Ps —
NMC Probs.
C rd*ucwn
Page 8
FM At.FS .� Yo
p1✓
LA
i
O
n
Rtia0
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•
OBSERVATIONS.
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Page 8
RESOLUTION NO. 9723
A Resolution of the City of Hutchinson Approving The
Change in Control of the Current Franchisee of the
Franchise to Operate a Cable Television System in the City
of Hutchinson From Star Cablevision Group to D.D. Cable
Partners, L.P., a California Limited Partnership.
Whereas, Star Midwest, Inc. (the "Franchisee ") is the current holder of a
franchise issued by the City of Hutchinson (the "Authority "), originally issued as
Ordinance No. 576 dated April 2, 1979 ( "Franchise "), to operate and maintain a cable
television system (the "System ") in the City of Hutchinson; and
Whereas, Star Cablevision Group ( "Owner ") is the current holder of all of the
stock of Franchisee; and
Whereas, the terms and conditions of the Franchise, as amended, are in full
force and effect as of the date of the execution of this Resolution; and
Whereas, Franchisee and D.D. Cable Partners, L.P., a California Limited
Partnership ( "D.D. Cable "), have entered into a Stock Purchase Agreement, dated as
of December 10, 1991 (the "Agreement "), providing for the sale of all the stock of
Franchisee to D.D. Cable; and
• Whereas, Franchisee and D.D. Cable have submitted an application requesting
consent by the Authority to the sale of the stock of Franchisee to D.D. Cable, in
accordance with the requirements of the Franchise; and
Whereas, the Authority has determined that it is in the best interests of the
community and residents thereof to approve the sale the stock of Franchisee to D.D.
Cable:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hutchinson as follows:
Section 1. The Authority hereby consents to and approves the sale of the
stock of Franchisee to D.D. Cable and D.D. Cable's assumption of all rights and
obligations under the Franchise relating to the period from and after the date of the
consummation of the sale, to D.D. Cable, its successors and assigns.
Section 2. The assumption by D.D. Cable of all the rights and obligations
under the Franchise shall take effect on and after the date of consummation of the
sale of the stock of Franchisee to D.D. Cable.
• Section 3. The Authority hereby consents to and approves the grant by D.D.
Cable of a security interest in its stock and assets, including all of its rights, powers
and privileges under the Franchise to such lender or lenders as may be designated by
D.D. Cable for financing purposes subject, however, to each of the terms and •
conditions of the Franchise.
Section 4. The authority hereby affirms that, as of the date of this
Resolution, the Franchise is valid and remains in full force and effect and the
Authority is aware of no conduct by the Franchisee which would result in a default
under the Franchise.
Section 5. Upon written notice to the Authority, D.D. Cable may transfer the
stock of Franchisee or assign the assets of the System to InterMedia Partners I1, L.P.,
a subsidiary thereof, or to a partnership in which InterMedia Partners II, L.P. or a
subsidiary thereof is a general partner, or to General Electric Capital Corporation or
its subsidiaries.
Duly and lawfully PASSED, ADOPTED AND APPROVED by the Council, this
I2tb day of May , 1992.
Mayor
Attest:
Clerk
s-i
The undersigned, being the duly appointed, qualified and acting C lerk of the
Council of the City of Hutchinson, hereby certify that the foregoing Resolution No.
is a true, correct and as urate copy of Resolution No. duly
and lawfully passed and adopted by the Mayor and Council of the City of Hutchinson
on the _ day of 1992.
Clerk
u
-2- •
PUBLICATION NO. 4369
• NOTICE OF HEARING ON PROPOSED ASSESSHM
ASSESSMENT ROLL NO. 275A
LETTING NO. 1
PROTECT NO. 92 -01
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council will meet at 5:00 P.H. on the
12th day of Hay, 1992, in the Council Chambers at City Hall at Hutchinson,
Minnesota, to pass upon the proposed assessment for the improvement of Roberts
Road from Dale Street to School Road by construction of watermain, storm sewer,
grading, gravel base, bituminous base, bituminous surfacing and appurtenances.
You may at anytime prior to certification of the assessment to the County
Auditor, pay the entire assessment on such property, with interest accrued to the
date of payment, to the City Administrator. No interest shall be charged if the
entire assessment is paid by October 1st, 1992. You may, at anytime thereafter,
pay to the City Administrator the entire amount of the assessment remaining
unpaid, with interest accrued to December 31st of the year in which such payment
is made. Such payment must be made before November 15th or interest will be
charged through December 31st of the succeeding year. If you decide not to
prepay the assessment before the date given above, the rate of interest that will
apply is 9 percent per year. The right to partially prepay the assessment shall
be until October 1st, 1992.
The proposed assessment is on file for public inspection at the City
• Administrator's Office. The total amount of the proposed assessment is
S79,912.21. written or oral objections will be considered at the meeting. No
appeal may be taken as to the amount of an assessment unless a signed, written
objection is filed with the City Administrator prior to the hearing or presented
to the presiding officer at the hearing. The Council may, upon such notice,
consider any objection to the amount of a proposed individual assessment at an
adjourned meeting upon such further notice to the affected property owners as it
deems advisable.
If an assessment is contested or there is an adjourned hearing, the
following procedure will be followedt
1. The City will present its case first by calling witnesses who
may testify by narratives or by examination, and by the
introduction of exhibits. After each witness has testified,
the contesting party will be allowed to ask questions. This
procedure will be repeated with each witness until neither side has
further questions.
2. After the City has presented all its evidence, the objector
may call witnesses or present such testimony as the objector
desires. The same procedure for questioning of the City's
witnesses will be followed with the objector's witnesses.
3. The objector may be represented by counsel.
CJ
PUBLICATION NO. 4369
PAGE 2 •
4. Minnesota rules of evidence will not be strictly applied
however, they may be considered and argued to the Council as
to the weight of items of evidence or testimony presented to the
Council.
5. The entire proceedings will be tape recorded.
6. At the close of presentation of evidence, the objector may
make a final presentation to the Council based on the evidence
and the law. No new evidence may be presented at this point.
An owner may appeal an assessment to District Court pursuant to Minnesota
Statutes Section 429.081 by serving notice of the appeal upon the mayor or
City Administrator within 30 days after the adoption of the assessment and
filing such notice with the District Court within ten days after service
upon the Mayor or City Administrator.
Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in
its discretion, defer the payment of this special assessment for any
homestead property owned by a person 65 years of age or older for whom it
would be a hardship to make the payments. When deferment of the special
assessment has been granted and is terminated for any reason provided in
that law, all amounts accumulated, plus applicable interest, become due. •
Any assessed property owner meeting the requirements of the law and the
resolution adopted under it, may within 30 days of the confirmation of the
assessment, apply to the City Clerk, for the prescribed form for such
deferral of payment of this special assessment on his property.
Z C/
Gary D. t-z, y Administrator
City of Hutchinson, Minnesota
PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, APRIL 28TH, 1992 AND TUESDAY, MAY
5TH, 1992.
C J
• A S SE S SMEN T HEA R SNG
ROBERTS ROAD (Dale Street to School Road)
Letting No. 1 / Project No. 92 -01
ASSESSMENT ROLL NO. 275A
May 12, 1992 - 8:00 pm
CONSTRUCTION OF WATERMAIN, STORM SEWER, GRADING, GRAVEL BASE, BITUMINOUS
BASE, SURFACING AND APPURTENANCES
Total Construction Cost S 318,319.90
Proiect Expenses $ 70,030.38
TOTAL PROJECT COST S 388,350.28
PROJECT COST BREAKDOWN
City Cost:
Watermain Replacement $ 27,247.48
Storm Sewer S 14,059.65
Sidewalk Removal & Replacement $ 22,307.70
including restoration
Extra width /depth of street S 96,255.46
Deferred Street Assessment $ 2,056.06
Sideyard /Previously Assessed S 147,093.17
TOTAL CITY SHARE $ 309,019.54
Ootal Assessed Cost S 79,330.74
TOTAL PROJECT COST S 388,350.28
ASSESSMENT
Rates:
Street Cost (Residential) $ 29.53 /Front Foot
Street Cost (Commercial/ Industrial) S 35.00 /Front Foot
TYPICAL ASSESSMENTS
66 Front Foot Residential Lot S 2,310.00
100 Front Foot Residential Lot $ 2,953.00
School District $ 25,384.40
($47,084.40 less sideyard credit)
Town & Country Estates $ 154.46
Betker's 2nd Addition S 1,011.22
PAYMENT OPTIONS
► Full Payment without Interest by October 1, 1992
► Full Payment with Interest from October 1st by November 15, 1992
► After November 15, 1992 Assessments are certified to tax rolls
► Assessment on Tax Roll, 10 Years With Interest, Equal Principal
Deferment available for property owners, meeting income guidelines,
who are either over 65 years old or disabled.
RESOLUTION NO. 9719
RESOLUTION ADOPTING ASSESSMENT •
ASSESSMENT ROLL NO. 275A
LETTING NO. 7
PROJECT NO. 92 -01
WHEREAS, pursuant to proper notice duly given as required by law, the
Council has wet and heard and passed upon all objections to the proposed
assessment for the improvement of Roberts Road from Dale Street to School Road
by construction of watermain, storm sever, grading, gravel base, bituminous base,
bituminous surfacing and appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNE.SOTAz
1. Such proposed assessment, a copy of which is attached hereto and made
a part hereof, is hereby accepted, and shall constitute the special assessment
against the lands named therein, and each tract of land therein included is
hereby found to be benefitted by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of ten (10) years, the first of the installments to be payable on
or before the first Monday in January, 1993, and shall bear interest at the rate
of _ percent per annum as set down by the adoption of this assessment
resolution. To the first installment shall be added interest on the entire
assessment from October 1st, 1992, until the 31st day of December, 1993. To each •
subsequent installment when due, shall be added interest for one year on all
unpaid installments.
3. The owner of any property so assessed way, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of payment, to the
City Treasurer, except that no interest shall be charged if the entire assessment
is paid by the 1st day of October, 1992; and he may, at any time thereafter, pay
to the City Treasurer the entire amount of the assessment remaining unpaid, with
interest accrued to the 31st day of December, of the year in which such payment
is made. Such payment must be made before November 15th, or interest will be
charged through December 31st, of the next succeeding year.
4. The Administrator shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the property tax lists
of the County, and such assessment shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the Hutchinson City Council this 12th day of May, 1992.
Mayor
•
City Administrator
5 ��
PUBLICATION NO. 4370
• NOTICE OF HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 2758
LBTfD1G NO. 1
PROJECT NOS. 92 -03 & 92 -04
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council will meet at 8:00 P.M. on the
12th day of May, 1992, in the Council Chambers at City Hall at Hutchinson,
Minnesota, to pass upon the proposed assessment for the improvement of:
Project No. 92 -03 Priebe Addition from Betker's 2nd Addition to Goebel
Street by construction of sanitary sewer and services,
watermain and services, street improvement and
appurtenances; and
Project No. 92 -04 Betker's 2nd Addition - Hidden Circle, South of Roberts
Road by construction of sanitary sewer and services,
watermain and services, storm sewer, grading, gravel
base, curb and gutter, bituminosu base, bituminous
surfacing and appurtenances.
You may at anytime prior to certification of the assessment to the County
Auditor, pay the entire assessment on such property, with interest accrued to the
date of payment, to the City Administrator. No interest shall be charged if the
entire assessment is paid by October 1st, 1992. You may, at anytime thereafter,
• pay to the City Administrator the entire amount of the assessment remaining
unpaid, with interest accrued to December 31st of the year in which such payment
is made. Such payment must be made before November 15th or interest will be
charged through December 31st of the succeeding year. If you decide not to
prepay the assessment before the date given above, the rate of interest that will
apply is 9 percent per year. The right to partially prepay the assessment shall
be until October 1st, 1992.
The proposed assessment is on file for public inspection at the City
Administrator's Office. The total amount of the proposed assessment is
S105,101.90. Written or oral objections will be considered at the meeting. No
appeal may be taken as to the amount of an assessment unless a signed, written
objection is filed with the City Administrator prior to the hearing or presented
to the presiding officer at the hearing. The Council may, upon such notice,
consider any objection to the amount of a proposed individual assessment at an
adjourned meeting upon such further notice to the affected property owners as it
deems advisable.
If an assessment is contested or there is an adjourned hearing, the
following procedure will be followed:
1. The City will present its case first by calling witnesses who
may testify by narratives or by examination, and by the
introduction of exhibits. After each witness has testified,
the contesting party will be allowed to ask questions. This
• procedure will be repeated with each witness until neither side has
further questions.
PUBLICATION NO. 4370
PAGE 2
2. After the City has presented all its evidence, the objector •
may call witnesses or present such testimony as the objector
desires. The same procedure for questioning of the City's
witnesses will be followed with the objector's witnesses.
3. The objector may be represented by counsel.
4. Minnesota rules of evidence will not be strictly applied;
however, they may be considered and argued to the Council as
to the weight of items of evidence or testimony presented to the
Council.
5. The entire proceedings will be tape recorded.
6. At the close of presentation of evidence, the objector may
make a final presentation to the Council based on the evidence
and the law. No new evidence may be presented at this point.
An owner may appeal an assessment to District Court pursuant to Minnesota
Statutes Section 429.081 by serving notice of the appeal upon the Mayor or
City Administrator within 30 days after the adoption of the assessment and
filing such notice with the District Court within ten days after service
upon the Mayor or City Administrator.
Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in •
its discretion, defer the payment of this special assessment for any
homestead property owned by a person 65 years of age or cider for whom it
would be a hardship to make the payments. When deferment of the special
assessment has been granted and is terminated for any reason provided in
that law, all amounts accumulated, plus applicable interest, become due.
Any assessed property owner meeting the requirements of the law and the
resolution adopted under it, may within 30 days of the confirmation of the
assessment, apply to the City Clerk, for the prescribed form for such
deferral of payment of this special assessment on his property.
�
�
Gary
D.
PJbtz, City
inistrator
City
of
Hutchinson,
Minnesota
PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, APRIL 287H, 1992 AND TUESDAY, MAY
5TH, 1992.
•
0
A S SES SMEN T HEA R SNG
PRIEBE ADDITION and BETKER'S 2ND ADDITION
Letting No. 1 / Project Nos. 92 -03 and 93 -04
ASSESSMENT ROLL NO. 275B
May 12, 1992 - 8,00 pm
CONSTRUCTION OF SANITARY SEWER, WATERMAIN, STORM SEWER
BASE, BITUMINOUS BASE, SURFACING AND APPURTENANCES
Total Construction Cost $ 86,148.10
Project Expenses S 18,953.80
TOTAL PROJECT COST
$105,101.90
PROJECT COST BREAKDOWN
City Cost $ 0.00
Priebe Addition $ 4,947.65
Betker's 2nd Addition $ 96,586.97
School District Watermain $ 3,567.28
TOTAL PROJECT COST
$105,101.90
TYPICAL ASSESSMENTS
Priebe Addition (4 lots) S 1,236.91/lot
Betker's 2nd Addition (12 lots) $ 8,048.91/lot
School District hydrant extension $ 3,567.28
•
GRADING, GRAVEL
RESOLUTION NO. 9720
RESOLUTION ADOPTING ASSESSMENT
ASSESSMENT ROLL NO. 275B
LETTING NO. 7
PROJECT NO. 92 -03 & 92 -04
WHEREAS, pursuant to proper notice duly given as required by law, the
Council has met and heard and passed upon all objections to the proposed
assessment for the improvement of:
Project No. 92 -03 Priebe Addition from Betker's 2nd Addition to Goebel
Street by construction of sanitary sewer and services,
watermain and services, street improvements and
appurtenances; and
Project No. 92 -04 Betker's 2nd Addition - Hidden Circle south of Roberta
Road by construction of sanitary sewer and services,
watermain and services, storm sewer, grading, gravel
base, curb and gutter, bituminous base, bituminous
surfacing and appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTAe
1. Such proposed assessment, a copy of which is attached hereto and made
a part hereof, is hereby accepted, and shall constitute the special assessment
against the lands named therein, and each tract of land therein included is
hereby found to be benefitted by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending
over a period of ten (10) years, the first of the installments to be payable on
or before the first Monday in January, 1993, and shall bear interest at the rate
of _ percent per annum as set down by the adoption of this assessment
resolution. To the first installment shall be added interest on the entire
assessment from October 1st, 1992, until the 31st day of December, 1993. To each
subsequent installment when due, shall be added interest for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of payment, to the
City Treasurer, except that no interest shall be charged if the entire assessment
is paid by the 1st day of October, 1992; and he may, at any time thereafter, pay
to the City Treasurer the entire amount of the assessment remaining unpaid, with
interest accrued to the 31st day of December, of the year in which such payment
is made. Such payment must be made before November 15th, or interest will be
charged through December 31st, of the next succeeding year.
4. The Administrator shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the property tax lists
of the County, and such assessment shall be collected and paid over in the same
manner as other municipal taxes.
Adopted by the Hutchinson City Council this 12th day of Hay, 1992. •
City Administrator Mayor 7�
RESOLUTION NO. 9721
C J
RESOLUTION ACCEPTING BID AND AWARDDIG CONTRACT
LETTING NO. 7
PROJECT NO. 92 -01, 92 -03 & 92 -04
WHEREAS, pursuant to an advertisement for bids for the improvement of:
Proj. No. 92 -01 Roberts Road from Dale Street to School Road by
construction of watermain, storm sewer, grading, gravel
base, bituminous base, bituminous surfacing and
appurtenances;
Proj. No. 92 -03 Priebe Addition from Betker's 2nd Addition to Goebel
Street by construction of sanitary sewer and services,
watermain and services, street improvements and
appurtenances; and
Proj. No. 92 -04 Betker's 2nd Addition - Hidden Circle south of Roberts
Road by construction of sanitary sewer and services,
watermain and services, storm sewer, grading, gravel
base, curb and gutter, bituminous base, bituminous
surfacing and appurtenances,
•
bids were received, opened and tabulated according to law, and the following bids
were received complying with the advertisement:
i t V al
Wm. Mueller & Sons, Inc., Hamburg, MN
Latour Construction, Inc., Maple Lake, MN
Duininck Bros., Inc., Prinsburg, MN
AMOUNT BID
S 404,469.00
S 445,994.45
S 448,205.25
AND WHEREAS, it appears that Wm. Mueller & Sons, Inc. of Hamburg, MN, is
the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The Mayor and City Administrator are hereby authorized and directed to
enter into the attached contract with Wm. Mueller & Sons, Inc. of Hamburg,
Minnesota, in the name of the City of Hutchinson, for the improvement contained
herein, according to the Plans and Specifications therefor approved by the City
Council and on file in the Office of the Director of Engineering.
2. The City Administrator is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except that the
deposits of the successful bidder and the next lowest bidder shall be retained
until a contract has been signed, and the deposit of the successful bidder shall
be retained until satisfactory completion of the Contract.
Adopted by the Hutchinson City Council this 12th day of Hay, 1992.
•
City Administrator
Mayor
E
C J
REVISED DATE: April 1, 1992
FINAL REVISION: April 29, 1992 (Changed 6 -F)
Subd. 6. Public Site and Open Spaces. The following requirements
are applicable to all subdivisions within the jurisdiction of the Park
Board, Planning Commission and City Council.
A. In subdividing land or resubdividing an existing plat,
due consideration shall be given to the subdivision and by the
Planning Committees upon review, to the dedication or reservation of
suitable sites for schools, conservation areas, or open spaces and
parks. Where a proposed public park, recreational area or open spaces,
as determined by the Comprehensive Plan, or the Planning Commission and
Council is located in whole or in part within a subdivision, the
subdivider shall dedicate such lands to the City; provided, however,
that the total dedication (exclusive of public streets, alleys, and
pedestrian ways, and exclusive of all other purchased sites such as
fire and police stations, water towers and treatment plants and sewer
lift stat. ions), shall be consistent with the following requirements:
1. Residential Zoned Subdivisions. For land within a
residential zone, formulas for land dedications shall be as follows:
(a).
Zoning
Districts R -1. A
land
dedication of 7.5%
of the
undeveloped site or its
fair market land
value.
(b).
Zoning
Districts R -2. A
land
dedication of 12%
of the
undeveloped site or
its
fair market land
value.
(c).
Zoning
Districts R -3 and
R -4.
A land dedication
of 15%
of the undeveloped
site
or its fair market
land value.
(d). Zoning District Commercial and I /CI a negotiated
percentage of land dedication of the undeveloped
site or its fair market land value.
(e). Business Park or Industrial Zoned Subdivision.
None required.
L J
2. Infrastructure assessments costs incurred with any
of the land dedication above shall be calculated and levied against the
park or open space by lineal foot of frontage. In no case shall the
assessment cost levied against the park exceed 60% of the fair market
value of the land.
7 Al
3. For the purposes of this Subdivision, "fair market
land value" is defined as the market value of the land within such plat
or subdivision as of the date presented to the Council for preliminary
approval, as determined by the City Assessor or the sale price,
whichever is higher, in the same manner as they shall determine the
estimated market value of land for tax purposes, excluding from such
determination any value added to such land by improvements serving such
land, but including in such determination the highest and best force at
the time of the platting.
4. Payment in Lieu of Land Dedication. The City
shall have the option of requiring a cash contribution in lieu of the
land dedication set forth in item 1. Cash contribution shall be based
on the following schedule.
(a). Zoning District R -1. A cash contribution of $215
per unit.
(b). Zoning District R -2. A cash contribution of $175
per unit.
(c). Zoning Di- strict R -3 and R -4. A cash contribution
of $135 per unit.
(d). Zoning District Commerical and I /CI. A negotiated
cash contribution based on its fair market land
value.
(e). Business Park or Industrial Zoned Subdivision.
None required.
5. Partial Dedication and Partial Payment. The City
may permit or require the subdivider to provide a partial dedication
and a partial payment in accordance with the requirments as set forth
above.
6. The cash and land dedication value set forth
above shall be reviewed by the Parks and Recreation Board on an annual
basis and a revised schedule, if any, shall be set forth by the
Council.
B. When structures are constructed on property which has
been previously platted and on which plat no park dedication on record
in cash or land was given to the City, a park dedication fee in
accordance with the schedules hereinafter set forth shall be paid at
the time of the Subdivision agreement or when the building permit is
issued. If the park dedication as indicated on record has been
previously satisfied at the time of platting in accordance with the
requirements then in existence, then no further fee shall be levied.
If a partial payment has been made, then the balance of the development
shall be charged the rate set forth in Item 1, above.
0
CJ
r� L
C. When the building permits are issued on property which
is not platted and is not required to be platted prior to receiving a
building permit., a fee shall be paid at the time of building permit
• issuance in accordance with the above schedule.
D. Sums of money so received by the City shall be placed
in a special account to be known as the Public Sites and Equipment
Fund and allocated by the Council solely for the acquisition of land
or purchase of equipment for public parks, recreation areas of open
spaces, development of existing parks and recreational areas, or debt
retirment in connection with the land or equipment previously acquired
for parks, recreational areas, or open areas.
E. Soil, Water and Wetland Conservation. Pursuant to
State Statute, the following may be required: The subdivider shall be
responsible for providing site development plans with provisions for
the control of drainage, erosion, siltation and wetlands restoration
if said plans are considered necessary by the City Engineer for the
purpose of soil, water and wetland conservation.
F. In high density zoning districts, the council may
require developments of 24 units or more to create a private entity
to maintain some form of on site recreation for use by the site
residents; specifically pre - school children, The council will use
the Hutchinson Park and Open Space Study definition of tot lot area
as a minimum standard. This requirement may be in addition to the
dedication of land or cash for park or recreation purposes reference
section 8.07 required play area of Hutchinson Zoning Ordinance.
•
Source: Ordinance No:
Effective Date:
•
ORDINANCE NO, 92 -57, 2ND SERIES
PUBLICATION NO.
• AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING 6.23
OF THE HUTCHINSON CITY CODE BY DELETING THE PRESENT SECTION AND
SUBSTITUTING A REPLACEMENT SECTION AUTHORIZING THE LICENSING OF
GARBAGE AND REFUSE HAULERS AND BY ADOPTING BY REFERENCE, CITY CODE
CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS.
THE CITY OF HUTCHINSON ORDAINS:
Section 1.: Section 6.23 of the present City Code entitled
"Garbage and Refuse Haulers" is hereby repealed.
Section 2.: Chapter 6 of the Hutchinson City Code is hereby
amended by adding and substituting Section 6.23 entitled "Garbage
and Refuse Haulers," to read as follows: _
SEC. 6.23. GARBAGE AND REFUSE HAULERS
Subd. 1. Definitions. The following terms, as used in
this section, shall have the meanings stated:
a. "Garbage" means all putrescile wastes,
including animal offal and carcasses but excluding human excreta,
sewage and other water carried wastes. "Garbage" includes organic
• refuse resulting from the storage or preparation of food or decay
or spoiled food from any source.
b. "Other Refuse" means ashes, crockery, boxes
and rags and similar non - putrescible waste including glass, cans,
paper and other recyclable materials, sand, earth, brick, stone,
concrete, trees, tree branches and wood and construction materials.
c. "Collection" means the aggregation of waste
from the place at which it was generated and includes all
activities up to the time when the waste is delivered to a waste
facility.
d. "Generation" means the act or process of
producing waste as defined in Minnesota Statute. §115A.03, Subd.
11.
e. "Generator" means any person who generates
waste as defined in Minnesota Statutes §115A.03, Subd. 12.
•
f. "Mixed Municipal Solid Waste" means
garbage, refuse and other solid waste from residential, commercial,
industrial and community activities which is generated and
collected in the aggregate, but does not include auto hulks, street
sweepings, ash, construction debris, mining waste, sludge, tree
and agricultural wastes, tires and other materials collected
processed and disposed of in separate waste streams. _
i
rl —t�ll
g. "Recyclable Material" means materials that •
are separated from mixed municipal solid waste by the generator
which are intended for transportation, processing and
remanufacturing or reuse. Recyclable materials may be further
defined, from time to time, by resolution of the City Council.
h. "Recycling" means the process of means the
process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in
manufacturing processes.
i. "organic Material" means material
consisting of grass clippings, leaves and other forms of organic
gardenwaste.
J. "Corrugated Cardboard" means heavy paper
with alternating ridges and grooves for use in packing or boxing
materials.
k. "Designated Landfill" means a landfill
designated by the City Council for the City of Hutchinson. In the
absence of any designation by the City Council, a "designated
landfill" includes any sanitary landfill duly licensed and
authorized by the State of Minnesota which can legally accept
garbage and other refuse from the City of Hutchinson.
1. "Residential" shall consist of all •
buildings or structures containing four or less dwelling units.
Subd. 2. License Required. No person, firm or
corporation shall engage in the collecting, hauling or conveying
of garbage, other refuse, mixed municipal solid waste or recyclable
materials in the City unless a license has been applied for in the
manner specified by this ordinance and approved by the City Council
of the City of Hutchinson.
Subd. 3. Exception. Nothing in this Section shall
prevent persons from hauling garbage or other refuse from their own
residences or business properties provided the following rules are
observed: (1) that all garbage is hauled in containers that are
water -tight on all sides and the bottom and with tight- fitting
covers on top, (2) that all other refuse is hauled in vehicles with
leak -proof bodies and completely covered or enclosed by canvas or
other means or material so as to completely eliminate the
possibility of loss of cargo, and, (3) that all garbage and other
refuse shall be dumped or unloaded only at the designated sanitary
land -fill.
Subd. 4. Hauler Licensee Requirements
A. Application for such license shall be in writing
and on such a form as the City Council for the City of Hutchinson •
may specify from time to time, by resolution, and shall be filed
with the City Administrator.
• B. The application shall be accompanied by a
licensee fee the amount of which shall be established by resolution
of the City Council.
C. All hauler licenses shall expire on the 31st day
of December of the effective year. Licenses shall not be
transferrable from one person, firm or corporation to another
person, firm or corporation.
D. The applicant shall file with the City
Administrator, at the time of the filing of the application for a
license, proof of public liability insurance on all vehicles in at
least the sum of $250,000 for the injury of one person, $500,000
for the injury of two or more persons in the same accident, and
$100,000 for property damages.
E. All our licenses shall be granted only upon
condition that the licensee have water - tight, packer -type vehicles
in good condition to prevent loss in transit of liquid or solid
cargo, that the vehicle be kept clean and free from offensive
odors, that the vehicle not be allowed to stand longer than
reasonably necessary to collect garbage or refuse and at the same
be dumped or unloaded only at the designated sanitary landfill, and
strictly in accordance with regulations related thereto.
• F. The City Council, in the interest of maintaining
health and sanitary conditions, in the City hereby reserves the
right to specify and assign certain areas to all licensees and to
limit the number of licenses issued. The City Council also
reserves the right to limit hauling in residential areas to a
single hauler or several haulers either by negotiation, by
organized collection pursuant to Minnesota Statute §115A.94, or
otherwise.
Subd. 5 Recyclable Materials Collections. Collections of
recyclable materials shall be made under such terms and at such
times and frequencies as shall be designated from time to time by
the City Council. The City Council reserves the right to acquire
licensed haulers to also haul, and appropriately dispose of,
recyclable materials. In that event, licensed haulers must certify
the materials collected for recycling are delivered to facilities
which reprocess the collected materials into recycled products.
Subd. 6. Prohibitive Materials. The City Council reserves
the right to prohibit the collection of certain materials including
but not limited to grass clippings, yard waste, hazardous waste and
recyclable materials.
Subd. 7. Violations. Any violation of this ordinance shall,
upon conviction, constitute a misdemeanor and shall subject the
• violator to a fine of not more than $700 or imprisonment for a
period not to exceed 90 days or both.
Subd. 8. Effective Date. This ordinance shall be effective •
on July 1, 1992.
Section 3. City Code, Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference,
as though repeated verbatim herein.
Adopted by the City Council this _ day of May, 1992.,
Paul L. Ackland, Mayor
Attest:
Gary D. Plotz
City Administrator
First reading:
Second reading:
Published in the Hutchinson Leader on:
ORDINANCE NO. 92 2ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING
TO THE MAINSTREET ASSOCIATION THE RIGHT TO MAINTAIN A POPCORN WAGON
OVER AND ABOVE CERTAIN PROPERTY LOCATED IN THE LIBRARY SQUARE,
IDENTIFIED AS THE LIBRARY AND PARR TRACT BETWEEN BLOCKS 7 AND 8,
SOUTH ONE HALF OF THE CITY OF HUTCHINSON.
THE CITY OF HUTCHINSON ORDAINS:
Section 1. The City of Hutchinson, in the County of McLeod,
State of Minnesota, hereafter referred to as Grantor, hereby grants
to the Mainstreet Association, hereafter referred to as Grantee,
a franchise to operate and maintain a popcorn wagon for the purpose
of concession sales on certain property owned by the City of
Hutchinson, described as follows:
Section 2. The franchise is granted for a term of three (3)
years commencing on the date of the acceptance of the franchise.
Grantee shall file a written acceptance of the franchise with the
City Administrator of the City of Hutchinson within ten (10) days
after the effective date of this ordinance. The franchise shall
become effective only when the acceptance has been filed and
evidence of general comprehensive and liability insurance provided
for in this grant of franchise has been filed and approved.
• Section 3. Grantor reserves the right to enforce reasonable
regulations concerning construction, operation and maintenance of
facilities located along, over and under the public premises before
mentioned and the placement of such facilities.
Section 4. Grantee shall indemnify and defend Grantor, its
boards, commissions, officers, agents and employees, in any and
all other public agencies, and their members, officers, agents and
employees, against any and all liabilities for injury to or death
of any person or any damage to any property caused by Grantee, its
officers, agents or employees in the construction, operation or
maintenance of its property, or arising out of the exercise of any
right or privilege under the franchise.
Section 5. At all times during the term of the franchise,
Grantee will, at its own expense, maintain in force general
comprehensive liability insurance, with an insurance company
approved by the City of Hutchinson, with limits approved by the
City of Hutchinson by resolution or otherwise, the policy or
policies being for the protection of Grantor and its officers,
agents and employees, against liability for loss or damage for
bodily injury, death or property damage occasioned by the
activities of the Grantee under the franchise.
• Section 6. Grantee shall not have the right to assign the
franchise or otherwise transfer it in any manner whatsoever or
7 l./.
sell, lease, license, mortgage, or permit others to use or transfer
in any manner whatsoever any interest in all or any part of its
facilities that are installed or operated under this grant, except
on prior written approval by ordinance of the City Council of the
City of Hutchinson.
Section 7. In the event the Mainstreet Association should
cease to exist or the Mainstreet Association should fail to use
the franchise for one calendar year, this franchise shall be deemed
null and void and shall revert to the City of Hutchinson without
any action on the part of the City of Hutchinson whatsoever.
Section 8. This ordinance shall take effect from and after
passage and publication, subject to the provision above requiring
written acceptance by the Mainstreet Association.
1992. Adopted by the City Council, this day of
Attest: Mayor
City Administrator
Published in the Hutchinson Leader on
First reading: •
Second reading:
r1
LJ
RESOLUTION NO. 9712
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
s
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Nalco 7393 - 750 Gal.
6,675.00
Corrossion Inhibitor
Water
Yes
Nalco Chemical
Nalco 7152 - 58 Bags
9,657.0
Sludge Polymer
Sewer
Yes
Nalco Chemical
Water Meter 3/4 X 5/8
7,344.0
Water Meters
Water
Yes
Water Products Co.
111 �e following items were authorized due to an emergency need:
ITEM COST PURPOSE DEPT. BUDGET VENDOR
Date Approved: May 12, 1992 Resolution submitted for Council action
0 tion made by:
Seconded by:
by:
7
RESOLUTION NO. 9713
ARBOR DAY PROCLAMATION
WHEREAS, 1992 saw the planting of over 400 trees on street
boulevards in Hutchinson and,
WHEREAS, 1992 saw the participation of over 100 Park
Elementary 6th Grade students in planting trees on Glen Street in
front of their school and,
WHEREAS, 1992 will see the last phase of a six year, six
phase, $8,500 Library Square Renovation Project funded by
Firstate Federal Savings and Loan of Hutchinson.
• THEREFORE, I, Paul Ackland, Mayor of Hutchinson do hereby
proclaim May 15, 1992 as Arbor Day in Hutchinson, and encourage
all residents of Hutchinson to plant trees, flowers and shrubs to
help conserve, protect and beautify our community.
Adopted by the City Council this 12th day of May, 1992.
Paul L. Ackland
Mayor
ATTEST:
Gary D. Plotz
• City Administrator
7-, -
0
RESOLUTION NO. 9714
RESOLUTION ACCEPTING PLEDGED SECURITIES
FROM MARQUETTE BANK OF HUTCHINSON, MN
•
WHEREAS, the Marquette Bank of Hutchinson, MN, a city
depository, has issued the following pledged securities under the
collateral agreement with the City of Hutchinson:
!.1939
460617 U.S. Treasury Note E93 1 -15 -93 $600,000.00
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT the City Administrator be authorized to accept the
pledged securities.
Adopted by the City Council this 12th day of May, 1992.
Paul L. Ackland
Mayor
ATTEST:
Gary D. Plotz
City Administrator
is
F
• RESOLUTION NUMBER 9722
WHEREAS, The Hutchinson City Council has entered into
development agreements to provide for the redevelopment and
improvement of the downtown area of the City of Hutchinson;
WHEREAS, these development agreements, known as Phase I and Phase
II have required the acquisition of numerous parcels of real
estate; WHEREAS, it has been necessary to secure an extensive
amount of information regarding the various parcels and significant
research and effort has been required to properly consolidate the
parcels for development purposes; and, WHEREAS, the McLeod County
Recorder's Office has been of great assistance to the City of
Hutchinson, its employees, agents and authorized representatives
in both development projects and has responded to inquiries from
• the City of Hutchinson in an effective manner, sometimes on very
short notice; NOW THEREFORE BE IT RESOLVED that the City of
Hutchinson commends the McLeod County Recorder's Office, its
employees and representatives for their prompt and helpful
assistance in providing information, updated abstracts and general
guidance on issues concerned with the history, title and proper
platting of the parcels destined for redevelopment.
Paul L. Ackland
Mayor of Hutchinson, attest
Gary D. Plotz
Hutchinson City Administrator
•
AnNOLD 8c MCDOWELL
B - LD
ATTORNEYS AT LAW
oARr n. M�DDTFELL
5881 CEDAR LANE ROAD
STEOEE �. ANDGII94N
G. HARRT ANDERSON'
M INNEAPOLIS, MINNESOTA 55416
STEVEN 5 RODE
(612) 545 -9000
LAURA z. rwzT n
IIAVID A BRUEOOEMANN
MN TOLL FREE EoO- 343 -4545
PAUL D- DOVE"
PAX (614) 545.1793
JOSEPH H. PA[EMENT
JAMES UTLEY
RICEARn O XcGEE
CATHRYN D. REBER
May 6, 1992
Gary D. Plotz, City Administrator
Hutchinson City Hall
37 Washington Avenue West
Hutchinson, MN 55350
Re: Phase I and Phase II
Our File No. 3244 -91048
Dear Gary:
OF COU SEL
M'ILLLX v CAMERON
RAYMOND C LALLIER
PAUL M. BEOICH
CHARLES R CARMICHAEL
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
( 612) 389 -4414
FAX (612) 369 -5506
101 PARE PLACE
HITCHIV50X, MINNESOTA 553]0
(612) 5H7 -7575
FAX (612) 587 -4096
m �
I have enclosed a resolution for City Council consideration and I
would like to have this matter placed on the next regularly
scheduled City Council agenda.
Over the course of both Phase I and Phase II, the City of •
Hutchinson has requested information and assistance from the
Recorder's Office for McLeod County. Almost without exception, the
Recorder's Office has been cooperative, helpful and in some cases,
the source of some very good advice.
I fully intended at the conclusion of Phase I to ask the council
for a commendatory resolution and I simply didn't get around to it.
While visiting with the recorder on matters relating to Phase II,
the thought occurred to me that now was as probably as good a time
as any to forward this resolution. Accordingly, I would ask that
the enclosed resolution be considered at the next regularly
scheduled City Council meeting.
Thank you. Best personal regards.
GBA /pb
Enclosure
043- 1tr.04
'CERTIFIED AS A CIVIL THIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOC ATION
"CERTIFIED AS A REAL PROPERTY LAN SPECIALST HY THE MINNESOTA STATE BAR ASSOCIATION
•
`7 -G
DAVID W AENOLD
� OART D.WDOW LL
STEVEN ANDERSON
O BART ANDERSON
STEVEN S. BOOS
LUBA K. FRETLAND
DAVID A_BRLEOOEMANN
PALL D DOVE"
JOSEPH M PAIEMENT
J] ES LTI-EY
RICHA O. WOES
TIMOTHY W. PAPINSEI
MART E BORROCKS
CATHRYN D REBER
May 7, 1992
AANOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
DF CODRtEl
Wi ♦1.�v M. CAMERON
RAYNON) C. LALLIER
PAUL X.DEOICE
CHARLES R- CAR-MICBAFL"
j612; 587 -7575
FAX (612) 567-4096
RESIDENT AT TORNEY
0 DARRY ANDERSON
5661 CEDAR I.AEE ROAD
MINNEAPOLIS.MI- ESOTA 55416
(612) 545 -9000
MN TOLL FREE 600 -34.'1 -4545
PAR ( 612; 545.17%3
501 SOUTH POURTB STREET
PRINCETON, MINNESOTA 55311
(6127 369 -2214
F (612) 369 -5506
7
4-
ry
f.Pl /�� -v
O
Mr. Gary D. Plotz
Hutchinson City Administrator cc eY '' �.
37 Washington Avenue West r, �- -
Hutchinson, MN 55350 b2E2ZZ��o2 -'
RE: Phase II - Dakota Rail, Inc. /3rd Avenue NW Assessments
Our File: 3244 -91046
Dear Gary:
• I discussed the question of the 1992 assessments for the 3rd
Avenue Project on Dakota Rail, Inc. property with Ed Ide,
McLeod County Auditor.
Ed advises me that a resolution passed by the City Council and
sent to him prior to the May 15, 1992 tax payment date will be
sufficient to decertify the assessments due and payable in 1992.
Accordingly, I would ask that you include this letter in the
council packet for this coming Tuesday evening's council meeting
so that a resolution can be formerly adopted and passed along
to the County Auditor.
I will have such a resolution available prior to or at next
Tuesday evening's city council meeting.
Thank you for your time and attention to these matters. Best
regards.
Very truly yours,
O & MC WELL
• V B rry song
GBA:srm
'CERTIFIED AS A CIVIL TRLAL SPECIALIST BY TBE MINNESOTA STATL BAR ASSOCIATION
"CERTIFIED AS A SEAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /
C
May 8, 1992
MEMO
TO: MAYOR 8 CITY COUNCIL
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT: Tax Forfeit Special Assessments
By prior City Council action the assessments on property which has
be sold as tax forfeit property will all be reinstated after county
auction. What has happen is assessments (all, even those still on
an active roll) are now billed to the new tax payer. If we do not
receive the payment we would recertify the entire amount due and
collect on the tax statement of the next tax collection year.
We have occasionally been asked if rather than the entire amount be
due by the next year if a payment schedule could be established.
A proposed policy would be as follows:
1. For assessments on a tax forfeit property would be due and
collectable at time of sale. Staff may at the request of the
purchaser of the tax forfeited property provide a 3 year
payment plan.
2. The purchaser must sign an agreement waiving any legal action
to the assessment to be certified to taxes over the next 3
years.
3. Interest for the first 1/3 principal payment shall be computed
using the rate of the most current active assessment roll or
in none exists a rate of 5% shall be used. The first year
shall include interest from the date of sale to the end of the
next full year. The remaining two years shall use the above
rate of interest on the remaining balance as computed on all
city assessments rolls.
city Hall
37 Washington Avenue West
(612) 587 -5151
Parks & Recreation
900 Harrington Street
(612) 587 -2975
Police Department
10 Franklin Street South
(612) 587 -2242
g- -A I
Hutchinson, Minnesota 55350
Printed on recycled paper-
C
May 8, 1992
MEMO
TO: MAYOR & CITY COUNCIL
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT: POLICY ON DEFERRED _ & DELINQUENT SPECIAL ASSESSMENTS
The city of Hutchinson currently has a policy of allowing deferred
assessment for undeveloped property as well as deferred for senior
citizens. The senior citizens deferral is rather straight forward
and set by law.
Our undeveloped land deferral policy has been to add interest on
the principal using the bond interest rate added each year. If the
deferral goes beyond the 10 year bond period we lower the rate of
• interest to 5% and continue to add interest until the property is
developed. An additional criteria to prevent over charges is .he
cost cannot exceed present day installation. Over the years we
have had few problems.
There now however is coming to our attention lots in a delinquent
status which were constructed during the high interest years of the
early 80's. The assessments against some properties has or could
make them go tax forfeit.
A proposed policy for council consideration is as follows:
We would continue to honor the current policy of deferred taxes.
ALTERNATIVE 1.
The city would consider a write down to a new property owner but
only to a value of raw land cost plus present day installation cost
of similar services. Staff agreeing to the amount of adjustment
would be the City Administrator, City Engineer, and City Finance
Director.
ALTERNATIVE 2.
The write down would not be against previously certified interest
payments or deferred interest computed. Amounts yet to be levied
• City Hall Parks & Recreation Police Department
37 Washington Avenue West 900 Harrington Street 10 Franklin Street South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242 n
Hutchinson, Minnesota 55350
- Printed on mc4deri parer - °°°»>
Page 2
would only be consider in this policy. Staff agreement to the •
amount of adjustment would be that of the City Administrator, City
Engineer, and City Finance Director.
ALTERNATIVE 3.
The adjustment of any assessment or interest computed will be
handled on a case by case basis with city council approval only.
•
•
C
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering
RE: Consideration of Subdivision Agreement for First Addition to
Peterson Terrace
The Subdivision Agreement is not ready yet, but should be by the
meeting on Tuesday. The key provisions of the Agreement will be as
follows:
It is agreed and understood that any assessments for street
improvements for the east 77.95 front feet of the parcel
adjacent to Sixth Avenue NE shall be divided equally among
the three lots.
•
It is agreed and understood that any normal maintenance of
the gravel driveway along the east edge of the plat shall be
divided equally among the three lots.
it is agreed and understood that any improvements to the
driveway above and beyond its current condition, or
improvements for utility work, that is being constructed
exclusively for construction of a livable structure on Lot
3 of the plat shall be completed at the cost of the owner of
Lot 3.
•
City Hall
37 Washington Avenue West
(612) 587 -5151
Parks & Recreation
900 Harrington Street
(612) 587 -2975
Police Department
10 Franklin Street South
(612) 587 -2242
Hutchinson, Minnesota 55350
• Printed on recycled paper -
M E M O R A N D U M
May 8, 1992
/ y§r
.z so go o
/. SO ' 9
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C. o
/ ro0
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o 3
/ p / •
ti '3 /
v /
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.ancOs one minty sorn+ms
� e ee onset Iron ,r,P,yn•,n, lo,awl
e darwbr w2 .nth by to Inch Yon PIW set
halted by L.censs No. 9626. - - -
,np 610+ m r,em, uniev atr•.,vt .Micaed. .
r, odiem as Imes, IO Is, a .,din and
The soatnsmisny I✓y ON PEt ERSONS TERRACE '
.,JIaln.na ttreel Ilnet
is asswmsd Io now a Mar ins b 530'0000 "M
i 1 .
,NOW ALL MEN BY THESE PR ESENTSs That Rodney V. Saar and Rebecca J. Saar, husband and wife, fee owners and First
A Stale Federal Savings and Loan Association, Hutchinson, Minn asou a Unl tad States cocpocatlon, nor tgegee, Of the
following described property st tueted 1n the County of McLeod, State of Minnesota, to wits
Lot B, Block 1, PETERSON'S TERRACE, according to the retarded plat [hereof.
And that Wayne L. Brfese and Dianne S. Briese, husband and wife, tee owners, and Ftrat State Federal Savings and
Loan Ass"iali On, Hutchinson, Minnesota, a United States corporation, rmortgagoo of the following described proper
situated in the County of Mcleod, St of Minnesota, to wits
Lot ). Klock 1, PETERSON'S TERRACE, according to the recorded plat theno[. /�
a a
. MEMORANDUM rra
\` O
TO: Gary Plotz, City Administrator .
FROM: Steven Hadson, Chief of Police 4
DATE: April 21, 1992
RE: Attached Policy and Inter - Agency Agreement
Attached herewith please find a copy of police department directive
P381 which outlines the subject of Critical Incident Stress
Debriefing (CISD). The purpose if the CISD Program is to provide
immediate stress debriefing for employees who have been involved in
a critical incident in an effort to mitigate and access the impact
of the critical incident and accelerate the return of personnel to
routine duty following an incident as rapidly as possible. This
directive as well as the inter - agency agreement has been developed
by the Hutchinson Police Department in cooperation with the
Hutchinson Hospital and other agencies as listed within the
directive. I believe that this type of service to our employees is
critical to the on going maintenance of emotional stability for our
employees.
The inter - agency agreement is an agreement between the Hutchinson
Community Hospital and the Hutchinson Police Department which
states the protocol for implementing the Critical Incident Stress
Debriefing Program. Essentially, before the program can be engaged
there must be approval from the Chief of Police or the sergeant who
is in charge. All costs incorporated with this program are the
responsibility of the individual agency receiving the service or,
in the event of a multi- agency need, the cost would be shared by
the multiple agencies requesting the service.
After your review of the directive and inter - agency agreement, I
would recommend that you place this on the council agenda for
review and approval by the city council.
I will be out of town on May 26 1992 and will be unable to attend
the council meeting to explain this directive and inter - agency
agreement. However, Officer David Erlandson has been heavily
involved in the formulation of the directive as well as the
development of the entire CISD Program within the police
department. I would offer his availability at the council meeting
to explain this program if you so desire.
If you have any questions or concerns regarding this memorandum,
• please do not hesitate to contact me at your earliest convenience.
SCH /pan
9-d
0
I
I Subjecti Critical incident
I
Stress Debriefing (CISD)
-;
Directive:
I
l381
I
Date Issued:
I I
I Dau Effective: I Supersedes:
I
I Auner of
Pages: 3
P381.01 Purpose
The purpose of this directive is to establish and maintain a Critical
Incident Stress Debriefing (CISD) team within the City of Hutchinson to
deal with the immediate emotional needs of any emergency services
member involved in a critical incident.
P381.02 Policy
It is the policy of the Hutchinson Police Department to offer to
employees access to the CISD team as a means of relieving the traumatic
stress caused by a critical incident so as to allow an employee to
return to his /her duties as soon as possible after an incident.
P381.03 Caveat
The main objective of CISD is to mitigate and assess the impact of a
critical incident and accelerate the return of personnel to routine
duties following an incident. The CISD is an organized approach to the
management of stress responses in emergency services. It entails a
group meeting between the affected personnel and a debriefing team.
This trained team is able to help employees talk about their feelings
and reactions to a critical incident.
P381.04 Definition
_. A "critical incident" is any incident which causes personnel to
experience unusually strong emotional reaction that has the potential
to interfere with their ability to function. Examples are involvement
with a shooting incident, suicide incidents, disasters, serious injury
or death of a co- worker, unusual tragic deaths of children or any other
life trauma.
P381.05 Participation
The chief of police may require an employee to attend a CISD within 72
• hours after involvement in a critical incident. Following the CISD
assessment the employee may also be required to seek other professional
counseling/ assistance that is deemed appropriate by the chief of
police. Any attributing costs will be borne by the police department.
l
P381.06 CISD Structure /Organization
1. The Hutchinson Police Department will participate in a multi -
agency CISD organization whose members will also include
personnel from the McLeod County Sheriff's Department, the
Hutchinson Emergency Medical Service and the Hutchinson Hospital
Mental Health Unit.
2. The police department's support group shall be comprised of
voluntary, non - supervisory employees (peers) . The "peers" are
the key to developing the trust necessary for the affected
individuals to become involved in the debriefing process, as they
can identify with the debriefees.
P381.07 CE Protocol /Training
1. When it is determined by the chief of police that a CISD is
necessary for affected personnel the Hutchinson Police Department
contact person notifies the Mental Health Unit contact person and
a team is selected. The team shall consist of a minimum of:
A. One "peer" members of the Hutchinson Police Department.
B. One member of the McLeod County Sheriff's Department.
C. One member of the Emergency Medical Service.
D. Two mental health professionals.
2. The Mental Health Unit shall develop and maintain the procedures
and guidelines which are to be utilized by the CISD team during
any debriefing sessions.
A. All Hutchinson Police Department personnel participating
as 'peer" members of the CISD organization shall be
trained as recommended by the Mental Health Unit
guidelines.
B. Strict confidentiality shall be maintained. All
information regarding agencies involved, situations
debriefed and issues discussed shall not be divulged
before or after debriefing except with fellow team members
during the scope of their official duties.
C. 'There will be no mechanical recording or written notes
taken during a debriefing.
D. Any participating Hutchinson Police Department "peer"
member violating confidentiality expectations will be
dismissed from the team. •
E. Hutchinson Police Department "peer" members will
participate as required by CISD organizational procedures
to assist other affected member agencies.
. F. The chief of police will be notified by the Hental Health
Unit coordinator if follow -up assistance is recommended
for any department employee.
�J
•
0
INTER - AGENCY AGREEMENT
NON
CRISIS DEBRIEFING PROGRAM
This agreement entered into April 1, 1992 between the following
agencies:
Hutchinson Police Department
McLeod County Sheriff's Department
Hutchinson Community Hospital:
Ambulance Service and Mental Health Services
hereinafter referred to as Member AGENCIES.
Agree that:
1. On -going care of community emergency caregivers is essential to the
welfare of the caregiver and our community.
2. The parties of this Agreement want to provide support for personnel
• to deal with immediate emotional needs of any staff member involved
in a critical incident.
3. Emergency services often require multi- agency response. Our
agencies working together to support our personnel will strengthen
all of our efforts.
4. A critical incident is any incident which causes personnel to
experience unusually strong emotional reaction that has the
potential to interfere with their ability to function. Examples
are:
- suicide incidents
- disasters
- serious injury
- death of a co- worker
- unusual tragic deaths of children
- any other life trauma
NOW, the Agencies hereby agree as follows:
1. ESTABLISHMENT OF INTMAGENCY PROGRAM This agreement establishes
an interagency program known as Critical Incident Stress
Debriefing (CISD)
E
9-!',
2. PURPOSE OF AGREEMENT. The purpose of this agreement shall be to
provide, through cooperative effort, an organized effort as a means
of relieving the traumatic stress caused by a critical incident so
as soon as possible after an incident.
3. ACCOMPLISHMENT OF PURPOSE. The organized effort shall be
accomplished by providing a stress debriefing session within
72 hours of the critical incident for staff members directly
involved in the incident. The session will be organized and
directed by representatives at each Agency trained in critical
incident stress debriefing. Hutchinson Community Hospital -
Mental Health Services is designated to provide trained mental
health staff to facilitate each debriefing session.
The care, management and organization of the CISO shall be vested
in the Hutchinson Community Hospital - Mental Health Services.
CISD care will be provided to meet guidelines /standards of mental
health crisis care.
CISD is an immediate response to individuals involved in a critical
incident to support and /or restore individual coping mechanisms.
Representative Agencies shall develop an Agency policy and
procedure to guide employees. •
Each Agency shall be responsible to appoint a CISD representative
and to ensure representation continues through term of Agreement.
Each Agency shall be responsible for costs associated with
participation in debriefing, on -going training, and fee for service
for each debriefing for own Agency.
4. ADVISORY COMMITTEE OF THE PROGRAM.
a. The Advisory Committee shall consist of one representative
from each Agency.
b. The Advisory Committee shall perform the following on -going
duties:
1. Establish model of delivering /providing CISD to member
agencies.
2. Facilitate initial and on -going training of Debriefing
Team members.
3. Evaluate program on an annual basis and make
recommendations to improve and implement changes.
•
E
• 4. Monitor the operation of the program and provide
direction to the team members.
5. Seek and receive feedback from Agencies represented.
Address concerns raised.
6. Establish, evaluate and coordinate referrals from
Agencies so that the program operates effectively and
efficiently.
7. Communicate with agencies who may wish to become involved
in CISO in the future.
8. Facilitate and guide development of Agency guidelines for
involvement in CISD.
5. FINANCING OF THE PROGRAM
a. Member Agencies shall be responsible for cost of initial
education and on —going training of their respective staff
members involved in CISD.
b. Member agencies shall be responsible for decisions regarding
payment of salaries for their respective staff members who
attend CISO session — facilitator and participant roles.
C. Each Agency will be responsible for payment of the mental
health fee for CISD session that the Agency requests. The
1992 fee for service is $200.00 based on a two hour session.
In the event of a crisis involving more than one Agency, the
cost will be divided equally.
6. ADDITION OF MEMBER AGENCIES
An Agency may become a member upon written request to join directed
to the Chairperson of the Advisory Committee and unanimous consent
of the current member Agencies. The Agency must be willing to
subscribe to this Agreement.
7. WITHDRAWAL OF MEMBER AGENCIES
a. All member Agencies shall be bound by the terms of this
Agreement for one calendar year.
b. Any member Agency may withdraw from this Agreement by giving
the other member Agencies one year advance written notice of
its intention to withdraw. Such withdrawal shall became
effective only on December 31 of the year in which the one
• year written notice occurs.
3
0
8. DESIGNATION OF LOCATION OF CISD
The location of each CISD will be decided on an individual basis by
the Agency requesting debriefing and Mental Health Service
Arrangements will be made by designated contact team members.
CISD members will be notified by designated contact team members.
Staff of Agency will be notified by their agency's contact person.
9. AGREEMENT AMENDMENT OR TERMINATION
This Agreement may be amended or terminated by a majority vote of
the member Agencies.
IN WITNESS WHEREOF, the member agencies have executed this agreement as
of the day and year first above written:
BY
Hutchinson Community Hospital
BY
Hutchinson Police Department
BY
Date
Date
McLeod County Sheriff's Department Date
PH /efs (02- 09-92)
Revised:PH /efs (02- 28 -92)
Revised:PH /efs (04- 10-92)
0
•
4
C
0
Disadvantaged Business
Enterprise (DBE)
Program
n
Hutchinson
IVA
Municipal Airport
Hutchinson, Minnesota
s
\ 9 �
Va A
7
• City Hall
37 Washington Avenue West
(612) 587 -5151
Approved:
Attests
Parks & Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson City Council
Hay 12, 1992
Hayor
City Administrator
Police Department
10 Franklin Street South
(612) 587 -2242
Hutchinson, Minnesota 55350 --D, - Prinfed on recycled paper -
POLICY STATENWT
It is the policy of the City of Hutchinson, Minnesota, to ensure that
Disadvantaged Business Enterprises (DBE) firms, as defined in 49 CFR Part 23,
have the maximum opportunity to participate in the performance of Hutchinson
Municipal Airport contracts and subcontracts financed in whole or in part with
Federal funds.
The current edition of the Minnesota Department of Transportation
Disadvantaged Business Enterprise Directory is hereby adopted as the official
DBE Directory of the City of Hutchinson DBE Program. The DBE Directory is
available to bidders and others seeking to meet DBE requirements or to locate
DBE capabilities. Copies can be obtained from:
City of Hutchinson
Director of Engineering
37 Washington Avenue West
Hutchinson, MN 55350
(612) 587 -5151
If additional information concerning a listed DBE firm is desired, bidders are
encouraged to solicit that information from the firm directly by contacting
the person listed in the directory.
The City of Hutchinson will accept DBE eligibility certification
determinations made by the Minnesota Department of Transportation (MnDOT) or
another United States Department of Transportation (DOT) funding recipient.
Firms desiring to be designated as a Disadvantaged Business Enterprise under
the City of Hutchinson DBE Program and which have not received MnDOT
certification may make applications to determine eligibility to the Director
of Engineering's office. Application should be Bade on either Schedule A for
disadvantaged business firms or Schedule B for joint ventures. Schedules A
and B are attached to this DBE Program in the Appendix.
The act of application for DBE certification does not of and by itself
constitute automatic certification by the City of Hutchinson.
Certification determinations will be made in accordance with requirements of
the Office of the Secretary of Transportation rule entitled "Participation by
Disadvantaged Business Enterprise in Department of Transportation Programs ",
49 CFR Part 23.
Both overall program goals and individual project goals will be set. Goals
determination will be based upon the number and nature of anticipated DOT
assisted projects, the availability of disadvantaged contractors in the area.
• An overall goal of 12% Disadvantaged Business Participation is established for
the Hutchinson Municipal Airport DBE Program for the period of May 12, 1992,
through December 31, 1993. This goal will be reviewed and updated
periodically.
Whenever the City of Hutchinson issues a solicitation for bids on a DOT -
assisted Hutchinson Municipal Airport contract with subcontracting
possibilities, the solicitation will include the DBE contract goals. It will
also include the following statement:
"The bidder /proposer shall make good faith efforts, as defined in
Appendix A of 49 CYR Part 23, Regulation of the Office of the Secretary
of Transportation, to subcontract percent of the dollar value of
the prise contract to small business concerns owned and controlled by
socially and economically disadvantaged individuals (DBE). In the event
that the bidder for this solicitation qualifies as a DBE, the contract
goal shall be deemed to have been met. Individuals who are rebuttably
presumed to be socially and economically disadvantaged include women,
Black Americans, Hispanic Americans, Native Americans, Asian- Pacific
Americans, and Asian-Indian Americans. The apparent successful
competitor will be required to submit information concerning the DBE's
that will participate in the contract. The information will include:
(1) the name and address of each DBE; (2) a description of the work to
be performed by each named firm; and (3) the dollar value of the work on
the contract. If the bidder fails to achieve the contract goal stated
herein, it will be required to provide documentation demonstrating that
it made good faith efforts in attempting to do so. A bid that fails to
meet these requirements will be considered nonresponsive."
• The following information will be required prior to committing the City
Council to award the contract to the apparent successful competitor:
(a) Names and address of DBE firms that will participate in the
contract;
(b) A description of the work each named DBE firm will perform;
(c) The dollar amount of participation of each named DBE firm.
If the proposed participation levels do not meet the goals, the bidder will be
required to submit documentation of good faith efforts. In analyzing the
information submitted, the City Council will base its determination regarding
adequacy of effort upon whether or not the bidder actively and aggressively
sought DBE participation sufficient to meet the goals.
The leasing goals will be based on the number and types of leasing
opportunities at the airport and the number and type of minority- and women -
owned business enterprises which could compete for these opportunities. The
goal will further be based on lease revenue to the airport. At the present
time, there are no plans for any leasing opportunities that would provide
leasing revenue to the airport that could be available for minority- or women -
owned business enterprises. When such opportunities develop, we will
establish a goal based upon the availability of minority- and women -owned
• business enterprises who could participate.
I
0
2' z 2" Picture
re 're:
APPLICATICN U I — ,
FCR � 7— /ifs'
PEOCLERS, SOLICITCPS, AND TRANS'- ME'<C ANTS CMOF
�RcNE
r v
ti;M:: R1 CHfFRD IL,i- n 4�i,=11
Nc_ Lt f N C4L� /-7 4. 6 7.3
TEMP7R. =nY LOCAL A;,CRESS: /� A
TEMPORARY TELEPHONE ACCESS: A.VA
DRI'r_n'S LICEtiSL NUMBER (STATE) A 411K (�)
HEIGH uEIGH7 _111&_ EYE COLD ^r JMjv
HCw many days'
Erc i L =`C -� ^E PERM:T RE;CEc - Er
Mont "s"
Cr y e ar' / y I-,
• L :'-ENS FrES ARE AS FLL^#�S:
Application Fee o` S2: ap,lie' tcoards tie folIcwin: per -•t fees)
Solicitors, per day ......... ............................... S 25.OD
Solicitors, pe- wear ........................... ... $2• :0 .00
Transient Merc hants, per day .............................. . 0
Tra ^sient Merchants, cer year �
per. per jd : ........... ............................... S 25.x:
?e Cm: ers, per yea' .......... ............................... S- w .,'j-
hA.YE YOU BEEN CONY :C -ED OF ANY CR;ME, M ;SDEMEANCR, CP. V :2LATi0N OF ANY
M� %.* :IPAL C U INANCE, O .HER TiA.N -nAFFIC YIOLA';CNS? Y:-'S-NO
IF YES, STA'E NA ?JRE CF OFFENSE AND PUNS ME`„ OE PE ASSESSED 7HEREFORE:
• 1d LJ.7
GSEY
RICHARD SEIPEL
17280 HIGHWAY 23 N.E. • P.O. BOX 128
NEW LONDON, MN 56273
PHONE (612) 3547667
9- E.
DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFEREC: pEri9/[ S �S
OF
SEa:BE ME -. DF E :,_; SR�ES W jLL R 7 CawDucrcD
.. . .. • •
DESCRIBE YOUR SOURCE OF SUPPLY - NAME & ADDRESS OF SUPPLIER:
MOST 2 Ga� M y SFLF r J�
� 5T l5 Soolok i Q Ry
�"i =RQ Y.5 Mi9�PK�T ST c�n�,b ni�vn�, •
_ SE /VER PET�iPSJ/U Sf��9KO/ /� ���/+�
PR' ^V JE T'WO (21 MCLE00 COUNTY PROPER'+ OWNERS FOR CHARAC'E< R''ER=NCES:
NAME s A :C- = S: JACK ONORACEK NAME 3 ? U- : �ICHARQ RCSrCAri1' c
1 I6O Hwy 7 EAST
HvrcyA�n A) r�itir�' - 55 f i-OMaMWIV 1771/. 553�C
PFC'v %' MBER: �[ s��0q _ P'- NE NiMCE =: fi y.� -SS7 - :���—
SATE LAST CITY YOU CARRIED ON SAME ACTIVITY:
Cr,Y�STATE NAME: ,9CFrgNOR_ [ TmiNnl�t�
C. -,-C CF 4'T!V!TY: FFCM: - �S�+ l __ TO: ____12� __ —_
Z U w--R5)
OrkER C171ES /NCL uDE ; 0ETRO17 G�7K�5 P f1 RK Ri}p[ps SPicFP�
WIl-LMRR P /AJE R1118R� 6VA0,N FF_R6vS h'S SRUK C�R
[ ru�FiEt D �ti 0 �gN /
y M�t�vy moReE ��oN Rcav�s7;
I hereby certify I have completely filled out the entire atcve applica-
tion and that the application is true, correct, and accurate.*
I fully understand that any person who violates any provision of the
= eddlers, Solicitors, and Tra -s ent !!Erchant Grdinance vc. 573 is guilty of
a nisde^e3nor and ucon convicti;n thereof srall be punis`ed bf a fine not ex-
_ eding S5OC or by impriscnmErt fora period not exceeding 30 days or both, plus,
either case, the costs of prosecution.
Z' e -_
Si gtc :,re of Applicant Save
• 4o application will be forwarded to
the City Council unless received one
week prior to the regular Council meeting completely filled out with required
picture.
OFFICF USF
POLICE CH RE '-OMME`iDATiO`i:
•
0 3-
r �
ULFASE Of INF -D.- ATIC',
?s as a?rlican. fcr a
L:_ -ns2 fr :�
l!U:ch :i,s cn, u : _ncsct a, 1 3= C ?iL•1 rC'� _� :St 1'fJr�' :G. L =;
USE in do tE. .n_ - _ :31, �.^ __:__• 'c' - =_ cC_ °:'. .._C. __ -___
ala .',C r: ze r2_e.Ls2 o: anY and al_ _.
fC: = =Ccn wn1C, vcU =z cr i
h :e•ccac__. n; =e, is :luci -
, .- car- _a:icn e: a c :n
or pri ilesed nture.
I hereby release the agency with which I z seE;:in_ application for license,
and any organization, co or person fur- is.-d -c ir.ccr - -ation to that aeer,cv as
authorized above, from anv liabi'_ir for da-age u icL may rer_1: f -c=
f� _i. :X72 the -
f JI i'C�J❑ :CC LE5 :2�.
•
App_icant's Full
Printed Na
rst
"_d-e
Applici-it's Ai-dress:
,� _/ 99&
Nu:-er)
(Stt2__
_A1,510 LONDON, kIMOL INd MAW .56, 7
(c_t (Cc cnt; :i (S:,te s _::
_p=_ -_ac's Birth Dste:
App_icant's Place of Birth:
Mcnch
r!'
yl l :ear)
(City) (S Cd C2)
A Social Security No.:
A;:Ii:_n'_'s Driver's Licanse No.:
fat_: 0 S "'OS -92
RESOLL)TION NO. 9715
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION 01P PROPOSED ASSESSMENT
ASSESSHCRT ROLL NO.
LETTING NO. 2, PROJECT NOS. 92-02 & 92-09
WHEREAS, cost has been determined for the improvement off
Proj. No. 92 -02 First Avenue N.W., Second Avenue N.W., Cedar Avenue,
Franklin Street from Washington Avenue to Second Avenue
N.W. and Glen Street from Washington Avenue to Cedar
Avenue by the construction of storm sewer, sanitary
sewer, sewer service, watermain, water service, grading,
gravel base, concrete curb and gutter, bituminous base,
bituminous surfacing and appurtenances; and
Proj. No. 92 -09 Alley East of Hain Street from Fifth Avenue S.S. to
Sixth Avenue S.E. by the construction of storm sewer,
grading, gravel base, concrete curb and gutter,
bituminous surfacing and appurtenances,
and the bid price for such improvement is S , and the expenses incurred
or to be incurred in the making of such improvement amount to S , so
that the total cost of the improvement will be $
1. The portion of the cost of such improvement to be paid by the City is
hereby declared to be $ , and the portion of the cost to be assessed
against benefitted property owners is declared to be $
2. Assessments shall be payable in equal annual installments extending
over a period of 10 years, the first of the installments to be payable on or
before the first Monday in January, 1993, and shall bear interest at the rate of
6.2 (+ or -) percent per annum from the date of the adoption of the assessment
resolution.
3. The City Administrator, with the assistance of the Director of
Engineering, shall forthwith calculate the proper amount to be specially assessed
for such improvement against every assessable lot, piece or parcel of land within
the district affected, without regard to cash valuation, as provided by law, and
he shall file a copy of such proposed assessment in his office for public
inspection.
4. The City Administrator shall, upon the completion of such proposed
assessment, notify the Council thereof.
Adopted by the Council this 12th day of May, 1992.
•
City Administrator Mayor
9-F
RE901MON 1A. 9716
RESOLUTION FOR HEARING ON PROPOSZ) ASSESSMENT
ASSES.SHWr RDLL 110. 276
LETTING 110. 2, PROJECT MG. 92 -02 i 92-09
WHEREAS, by a resolution passed by the Council on the 12th day of May, •
1992, the Director of Engineering was directed to prepare a proposed assessment
of the cost of improving:
Proj. No. 92 -02 First Avenue N.W., Second Avenue N.W., Cedar Avenue,
Franklin Street from Washington Avenue to Second Avenue
N.W. and Glen Street from Washington Avenue to Cedar
Avenue by the construction of storm sewer, sanitary
sewer, sewer service, watermain, water service, grading,
gravel base, concrete curb and gutter, bituminous base,
bituminous surfacing and appurtenances; and
Proj. No. 92 -09 Alley East of Main Street from Fifth Avenue S.E. to
Sixth Avenue S.E. by the construction of storm sewer,
grading, gravel base, concrete curb and gutter,
bituminous surfacing and appurtenances; and
WHEREAS, the Director of Engineering has notified the Council that such
proposed assessment has been completed and filed in his office for public
inspection;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU M OF THE CITY OF
HUTCHI30M, M330 0MA:
1. A hearing shall be held on the 9th day of June, 1992, in the Council
Chambers at City Hall at 8:00 P.M. to pass upon such proposed assessment and at •
such time and place all persons owning property affected by such improvement will
be given an opportunity to be heard with reference to such assessment.
2. The City Administrator is hereby directed to cause a notice of the
hearing on the proposed assessment to be published once in the official newspaper
at least two weeks prior to the hearing, and he shall state in the notice the
total cost of the improvement. He shall also cause nailed notice to be given to
the owner of each parcel described in the assessment roll not less than two weeks
prior to the hearing.
3. The owner of any property so assessed may, at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of payment, to the
City Administrator, except that no interest shall be charged if the entire
assessment is paid October 1st, 1992. He may at any time thereafter, pay to the
City Administrator, the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is made. Such
payment must be made before November 15 or interest will be charged through
December 31 of the succeeding year.
Adopted by the Council this 12th day of May, 1992.
is
City Administrator Mayor
9-
•
•
RESOLUTION N0. 9717
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING 90. 7
PROJECT NO. 92 -12
WHEREAS, pursuant to an advertisement for bids for the demolition of
structures, including related accessory structures and appurtenances, at the
following properties located in the Downtown Redevelopment Site - Phase 2,
Marquette Bank
Menton Residence
Dobratz Residence (basement)
Wigen Auto Body (Swanke)
Janousek Residence
Wigen (Swanke Motors)
Elks /Laundromat (Kramer)
Hutchinson Faze Service
Farmers Elevator
Dakota Rail Rental (Fars Service)
Dakota Rail Rental (Farmers Elevator)
Dakota Rail Rental (Simonson's Lumber)
Dakota Rail Rental (Christopher Trucking)
21 Hassan St. NE
45 Hassan Street NE
126 -1st Avenue NE
50 Jefferson Street NE
25 Jefferson Street NE
145 Washington Avenue NE
225/205 Washington Avenue NE
249 Washington Avenue NE
50 Adams Street HE
all located in Blocks 47 and 48 in the North 1/2 City of Hutchinson and bids were
received, opened and tabulated according to law, and the following bids were
received complying with the advertisement:
BIDDER AMOUNT BID
AND WHEREAS, it appears that
the lowest responsible bidder.
is
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HITTCHINSON, 1INNESOTA:
1. The Mayor and City Administrator are hereby authorized and directed to
enter into the attached contract with
in the name of the City of Hutchinson, for the improvement contained herein,
according to the Plans and Specifications therefor approved by the City Council
and on file in the Office of the Director of Engineering.
2. The City Administrator is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except that the
deposits of the successful bidder and the next lowest bidder shall be retained
until a contract has been signed, and the deposit of the successful bidder shall
be retained until satisfactory completion of the Contract.
Adopted by the Hutchinson City Council this 12th day of Hay, 1992.
•
City Administrator
Mayor
9 -rs
RESOLUTION NO. 9724
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO. 7B
PROJECT NO. 92 -12B
WHEREAS, pursuant to an advertisement for bids for the purchase and removal
of building located at 50 Jefferson Street N.E. (Wigen Auto Body /Swanke), and
bids were received, opened and tabulated according to law, and the following bids
were received complying with the advertisement:
BIDDER AMOUNT BID
Daniel Wuotilla, Dassel, MN 58,226.78
Diamond 5 Wrecking, Inc., Hutchinson, MN $1,560.00
AND WHEREAS, it appears that Daniel Wuotilla of Dassel, MN, is the lowest
responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The Mayor and City Administrator are hereby authorized and directed to
enter into the attached contract with Daniel Wuotilla of Dassel, MN, in the name
of the City of Hutchinson, for the improvement contained herein, according to the
Plans and Specifications therefor approved by the City Council and on file in the
Office of the Director of Engineering.
•
2. The City Administrator is hereby authorized and directed to return •
forthwith to all bidders the deposits made with their bids, except that the
deposits of the successful bidder and the next lowest bidder shall be retained
until a contract has been signed, and the deposit of the successful bidder shall
be retained until satisfactory completion of the Contract.
Adopted by the Hutchinson City Council this 12th day of Hay, 1992.
Mayor
City Administrator
C ,
J
r
RESOLUTION NO. 17 7/ F
W
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO. 8
PROJECT NO. 92 -13
WHEREAS, pursuant to an advertisement for bids for the North Park Tennis
Court Rehabilitation and bids were received, opened and tabulated according to
law, and the following bids were received complying with the advertisements
BIDDER
AMOUNT BID
Hid Minnesota Hot Mix, Inc., Annandale, MN S 19,520.00
Bituminous Consulting & Cont. Co., Mpls, MN S 26,688.00
Wm. Mueller & Sons, Inc., Hamburg, MN S 30,000.00
Finley Bros. Enterprises, Minnetonka, MN S 35,983.00
McBroom Construction, Inc., New London, MN S 36,879.00
AND WHEREAS, it appears that Mid Minnesota Hot Mix, Inc., Annandale, MN,
is the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The Mayor and City Administrator are hereby authorized and directed to
enter into the attached contract with Mid Minnesota Hot Mix, Inc. of Annandale,
Minnesota, in the name of the City of Hutchinson, for the improvement contained
herein, according to the Plans and Specifications therefor approved by the City
Council and on file in the Office of the Director of Engineering.
2. The City Administrator is hereby authorized and directed to return
forthwith to all bidders the deposits made with their bids, except that the
deposits of the successful bidder and the next lowest bidder shall be retained
until a contract has been signed, and the deposit of the successful bidder shall
be retained until satisfactory completion of the Contract.
Adopted by the Hutchinson City Council this 12th day of May, 1992.
40
City Administrator
Mayor
9 -�
C;
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering
REr Consideration of Contract Agreement with Barr Engineering
Company for Old Landfill Mitigation Feasibility Study
Attached is a memorandum from Mike Junge, McLeod County Attorney,
detailing his recommendation not to fund the proposed Feasibility
Study. I am not sure that I agree with his interpretation of the
intent of the Fund, since this was a licensed facility in McLeod
• County, but understand his concern about opening up the fund to
numerous requests which may deplete it prematurely.
Since this work must be completed as soon as possible, I recommend
entering into a contract with Barr Engineering Company to complete
the Feasibility Study at a cost not to exceed $8,800 without
further Council authorization. We will then continue to work with
the County and City Attorney and the MPCA to determine if other
sources of funding may be available.
• City Hall Parks &Recreation
37 Washington Avenue West 900 Harrington Street
(612) 587 -5151 (612) 587 -2975
Hutchinson, Minnesota 55350
- Printed on recycled raper
Police Department
10 Franklin Street South
(612) 587 -2242
9 -z
M E M O R A N D U M
May 7, 1992
TO:
FROM:
RE:
DATE:
MJ:so
M E M O R A N D U M
McLeod County Board of Commissioners
Michael Junge, McLeod County Attorney O r , \
Hutchinson Request for Landfill Abatement Fund
April 16, 1992
Minnesota Statute 115A.919 allows a county to impose fees upon
operators of facilities for the disposal of mixed municipal
solid waste or construction debris located within the county.
The revenue "shall be used only for landfill abatement
Purposes, or cost of closure, post closure care, and response
actions or for purposes of mitigating and compensating for the
local risks, costs, and other adverse effects of facilities."
The wording of the statute is not preciously clear and an
interpretation could be made to support the request of the
City of Hutchinson, The implication of the statute, however,
seers to be that the funds generated by mixed municipal solid
waste or construction debris facilities within the county
should be used to alleviate the costs associated with those
facilities.
Here, the Hutchinson. Municipal Landfill was closed long before
this county fee authority was established in 1984. Therefore,
it is my opinion that funds which have been generated by the
McLeod County Landfill should be expended only for abatement
or response actions related to the MCLecd County Landfill, and
should not be used for abatement of other landfill sites
located within McLeod County. Again, the precise wording of
the statute does not expressly prohibit the request of the
City of Hutchinson, however, the intent of the statute seems
to exclude expenditure of such funds according to the request
of the City of Hutchinson.
•
•
•
May 7, 1992
M E M 0 R A N D U M
TO MAYOR AND CITY COUNCIL
FROM DIRECTORS AND STAFF
6X
STEVE MADSON
DOLF MOON OV
JOHN RODEBERG
CHUCK NELSON N
JIM MARKA m
RANDY DEV ES
GEORGE FIE
HAZEL 5ITZ
RE RECOMMENDED ANNUAL WAGE ADJUSTMENT FOR 1992
The consensus of directors is that a fair and reasonable annual
wage adjustment for 1992 would be 3.25%.
•
This is both an average of C.P.I. and other community cost of
living increases, and city department recommendations.
Please also note that the increases over the past few years have
been below the C.P.I., and the salary levels of city employees
are in general consistently below average in comparison to cities
in our class.
A summary of the requests of the employees of individual
departments is as follows:
Water /Wastewater
Parks /Recreation
Admin- Motor Veh- Small Cities
Engineer
Transit
Police
Liquor Store
Street - Cemetery - Motor Pool
Building /Fire
• City Hall Parks &Recreation
37 Washington Avenue West 900 Harrington Street
(612) 587 -5151 (612) 587 -2975
Hutchinson, Minnesota 55350
- printed on recycled payer -
3.5%
3.11%
3 - 3.5%
3%
4 - 5%
3.5%
3.5%
4.5%
3.25%
Police Department
10 Franklin Street South
(612) 587 -2242 T
7 C
10
I f Q
:r
Hpri1 29, 1992
M E M O R A N D U M
TO DIRECTORS, DEPARTMENT HEADS
FROM HAZEL SITZ, PERSONNEL COORDINATOR N S.
RE COST OF LIVING ADJUSTMENT
The City Council lifted the freeze on consideration for cost of living
adjustment at the April 2B council meeting. The council requests that each
department state its request concerning cost of living adjustment, similar to
the procedure used last year, so that it can be on the council agenda for May
12.
Following is data that may be helpful in formulating a request.
CONSUMER PRICE INDEX CHANGES FOR
U.S. CPIU 2.61
U.S. CPIW 2.41
Mpls /St. Paul CPIU 2.31
Mpls /St. Paul CPIM 2.21
)see attached memo a
12 MONTHS - JAN 1991 TO JAN 1992 •
increase
increase
increase
increase
so)
INCREASES GRANTED BY OTHER EMPLOYERS
Hutch Utilities (2 yr contract) 31 in 1992, 31 in 1993
McLeod County 11 in 1992
League of Cities
- 10,000+ population, reporting as
of 4 -24 -92
(Many cities have not yet settled
for 1992)
Albert Lea
21 (some groups)
Duluth
4 - 4.51
Elk River
3.5 - 41
Hibbing
41
Mankato
2.251
Marshall
4%
Moorhead
41
New Ulm
41 (some groups)
Northfield
4.B1 (some groups)
Owatonna
2.11 - 4.21
Rochester
3 - 61
Willmar
3 - 4.51 (some groups)
•
City Hall
Parks & Recreation
Police Department
37 Washington Avenue West
900 Harrington Street
10 Franklin Street South
(612) 587 -5151
(612) 587 -2975
(612) 587 -2242
Hutchinson, Minnesota 55350
- Printed on recycled pn1wr -
` T
i
C
M E M O R A N D U M
TO KEN MERRILL
FROM HAZEL SITZ ^
RE CONSUMER PRICE INDEX INFORMATION
Following is the consumer price index information for the past 12 months,
through January 1992. This was obtained from the Bureau of Labor Statistics
hotline (290 -3996) today, March 3, 1992.
CONSUMER PRICE INDEX CHANGES - JANUARY 1991 to JANUARY 1992
- �
• U.S. all items urban consumers (CPIU) i MAR 91
2.6% increase last 12 months 13, ?,
U.S, all items urban wage earners and
clerical workers (CPIW) 2.4% increase last 12 months 3.0 .
Mpls /St. Paul all items urban consumers
(CPIU)
2.3% increase
last
12 months 2.3'"
(1.57, first
half
1991)
Mpls /St. Paul
all items urban wage
earners and
clerical workers (CPIW)
2.2% increase
last
12 months 2.2°
(1.7% first
half
1991)
Information is
updated monthly. Next
update will be on March
17, 1992
and will include February information.
HISTORIC Mpls /St. Paul data: 1990 CPIU 4.3% 1988 CPIU 5.3%
CPIW 4.1% CPIW 5.6%
1989 CPIU 4.0%
CPIW 3.7%
• City Hall Parks & Recreation Police Deparhnent
37 Washington Avenue West 900 Harrington Street 10 Franklin Sheet South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350
- Prin led off mrycled pulme -
March 3, 1992
May 8, 1992
MEMO
TO: MAYOR 8 CITY COUNCIL
FROM: KEN MERRILL FINANCE DIRECTOR
SUBJECT: COST OF LIVING ADJUSTMENT - 1992
In our 1992 General Fund Budget the contingency line carries a
balance of $124,848. The only commitment is for a technical audit
of the cable tv system at this time of these funds.
The cost of a 3.25% wage adjustment assuming an adjustment to
1/1/92 would be as follows:
General Fund
•
Wages $62,264
FICA /PERA 9,318
Total $71,582
Water Sewer, Youth Center, Central Garage, 8 Liquor Store
Wages $10,748
FICA /PERA 1,213
Total $11,961
•
Grand Total
$83,543
If there is additional information you need please give me a call
I will be in attendance at the City Council meeting to answer any
questions.
City Hall Parks & Recreation Police Department
3 7 lVash ington Avenue West 900 Harrington Street 10 Franklin Street South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350
Prin led on me Vcled paper
9 -s
BAKKEN
R.
RUN DATE
5/8/92
12.79
0.42
13.21
NAME
11.00
DEPART.
NUMBER OF
0.45
ADJUST
GREGOR
J.
11.00
NUMBER
H'RS WORK
Current
C 0 L
New
J.
11.00
2,088.00
2,088.00
Rate
3.25%
Rate
BAUMETZ
B.
2.00
2,088.00
10.08
0.33
10.41
PLOTZ
G.
2.00
2,088.00
27.16
0.88
28.04
STIZ
H.
2.00
1,775.00
14.97
0.49
15.46
SWANSON
M.
2.00
2,088.00
11.51
0.37
11.88
MERRILL
K.
4.00
2,088.00
22.49
0.73
23.22
KOHN S.
11.00
4.00
1,040.00
7.29
0.24
7.53
SWANSON
D.
4.00
1,040.00
8.03
0.26
8.29
RUNKE
J.
4.00
2,088.00
11.02
0.36
11.38
MAKI
C.
4.00
1,508.00
9.25
0.30
9.55
TABBERSON
R.
4.00
2,088.00
11.55
0.38
11.93
LIPKE
M.
5.00
1,328.00
6.78
0.22
7.00
SCHUMANN
A.
5.00
1,328.00
8.00
0.26
8.26
SMITH
D.
5.00
2,088.00
11.57
0.38
11.95
LIEPKE,
A.
5.00
1,040.00
6.78
0.22
7.00
LINDEN
S.
5.00
1,040.00
7.71
0.25
7.96
FORCIER
P.
9.00
2,088.00
9.52
0.31
9.83
BAKKEN
R.
11.00
2,088.00
12.79
0.42
13.21
ERLANDSON D.
11.00
2,088.00
13.94
0.45
14.39
GREGOR
J.
11.00
2,088.00
17.80
0.59
18.39
HAASL
J.
11.00
2,088.00
14.32
0.47
14.79
JOHNSON,
D
11.00
2,088.00
12.79
0.42
13.21
JONES
C.
11.00
2,088.00
14.07
0.46
14.53
KIRCHOFF
M.
11.00
2,088.00
14.45
0.47
14.92
KIRCHOFF
R.
11.00
2,088.00
17.80
0.59
18.39
MATTSFIELD
W.
11.00
2,088.00
14.19
0.46
14.65
MADSON
S.
11.00
2,088.00
22.12
0.72
22.84
MOGARD
S.
11.00
2,088.00
12.79
0.42
13.21
SHOUTZ M.
11.00
2,088.00
12.79
0.42
13.21
SCHWARTZ
S.
11.00
2,088.00
17.80
0.59
18.39
SICKMANN
M
11.00
2,088.00
12.15
0.39
12.54
WAAGE R
11.00
2,088.00
17.80
0.59
18.39
GRINA
L.
11.00
2,088.00
9.64
0.31
9.95
BENTZ
M.
11.00
2,088.00
11.14
0.36
11.50
GRAY
J.
11.00
2,088.00
10.77
0.35
11.12
NISKA P
11.00
2,088.00
9.72
0.32
10.04
ZIEMAN
S
11.00
1,500.00
0.00
0.00
0.00
THURN
M.
11.00
2,088.00
10.27
0.33
10.60
•
F, I
L
•
9 -s
RUN DATE 5/8/92
NAME DEPART. NUMBER OF ADJUST
NUMBER H'RS WORK Current C 0 L New
•
2,088.00 Rate 3.25% Rate
HAMMOND M.
23.00
2,088.00
12.66
0.41
13.07
Swanson M.
14.00
1,040.00
7.29
0.24
7.53
HENSEN M.
14.00
2,088.00
12.66
0.41
13.07
MARKA J.
14.00
2,088.00
17.71
0.58
18.29
FIELD G.
17.00
2,088.00
17.12
0.56
17.68
HUHN L
18.00
2,089.00
12.98
0.42
13.40
LARSON Q
18.00
2,088.00
13.28
0.43
13.71
RICE C.
18.00
2,088.00
17.80
0.59
18.39
RODEBERG J.,
18.00
2,088.00
23.47
0.76
24.23
VANDER VEEN P.
18.00
2,088.00
11.06
0.36
11.42
BAASEN, E
20.00
2,088.00
12.31
0.40
12.71
BARKEIM E
20.00
2,088.00
12.55
0.41
12.96
DASCHER D
20.00
2,088.00
12.44
0.40
12.84
KARG L
20.00
2,088.00
15.18
0.49
15.67
MEIER D
20.00
2,088.00
15.28
0.50
15.78
P ON C.
20.00
2,088.00
13.05
0.42
13.47
TL KY, D
20.00
2,088.00
10.77
0.35
11.12
HAUGEN B.
25.00
1,300.00
12.52
0.41
12.93
ARLT L.
25.00
1,066.00
7.39
0.24
7.63
MOON D
29.00
2,088.00
19.40
0.63
20.03
MCKAY K.
29.00
2,088.00
10.17
0.33
10.50
WEDIN C
30.00
2,088.00
10.77
0.35
11.12
MCRAITH J.
30.00
1,550.00
14.87
0.48
15.35
HAUGEN M.
45.00
2,088.00
16.04
0.52
16.56
WEIS H.
45.00
2,088.00
12.50
0.41
12.91
BOELTER G.
46.00
2,088.00
11.99
0.39
12.38
CARTER R C.
46.00
2,088.00
10.77
0.35
11.12
LARSON M.
46.00
2,088.00
12.45
0.40
12.85
HAARSTAD E
46.00
2,088.00
12.06
0.39
12.45
PAULSEN C.
46.00
2,088.00
13.62
0.44
14.06
SCHNOBRICH M.
46.00
2,088.00
13.70
0.45
14.15
VOSTINAR J.
46.00
2,088.00
12.18
0.40
12.58
WRIGHT N.
46.00
2,088.00
8.39
0.27
8.66
GJWLER F.
47.00
2,088.00
12.72
0.41
13.13
MANGAN C.
54.00
2,088.00
15.27
0.50
15.77
LATZIG M.
52.00
2,088.00
9.76
0.32
10.08
RUNKE B.
52.00
2,088.00
9.78
0.32
10.10
* * * * * ** *TOTAL GENERAL FUND
RUN DATE
5/8/92
NAME
DEPART.
NUMBER OF
ADJUST
NUMBER
H'RS WORK
Current
C 0 L
New
2,088.00
Rate
3.25%
Rate
SCHMIDT R.
52.00
900.00
7.76
0.25
8.01
POWELL D.
52.00
900.00
7.92
0.26
8.18
KRUEGER G.
52.00
900.00
7.92
0.26
8.18
* * * * * ** *TOTAL GENERAL FUND
C7
•
RUN DATE
5/8/92
NAME
DEPART.
NUMBER OF
ADJUST
NUMBER
H'RS WORK
Current
C 0 L
New
2,088.00
Rate
3.25%
Rate
ARLT J
73.00
2,088.00
10.77
0.35
11.12
DEVRIES R.
83.00
2,088.00
17.77
0.58
18.35
MEECE M.
83.00
1,040.00
12.00
0.39
12.39
GRAHAM, M.
83.00
1,040.00
10.52
0.34
10.86
LANZ
83.00
2,088.00
12.07
0.39
12.46
Iverson G
83.00
1,508.00
5.24
0.17
5.41
SMOGER, D
83.00
2,088.00
11.23
0.36
11.59
NAG] R.
82.00
1,328.00
14.71
0.48
15.19
HANSON S.
82.00
1,328.00
10.55
0.34
10.89
EBERT R.
82.00
2,088.00
12.04
0.39
12.43
0.00
1,040.00
0.00
0.00
OLSON D.
82.00
1,040.00
10.23
0.33
10.56
WITCHERMAN K.
75.00
2,088.00
12.91
0.42
13.33
MEIER D.
75.00
520.00
0.00
0.00
BROTEN D.
90.00
2,088.00
9.56
0.31
9.87
MATHNEY J.
90.00
2,088.00
9.81
0.32
10.13
NELSON C.
90.00
2,088.00
15.66
0.51
16.17
SCHMIDT D.
90.00
1,300.00
7.29
0.24
7.22
C7
•
C
memol
May 7, 1992
M E M O R A N D U M
TO MAYOR AND CITY COUNCIL
FROM DIRECTORS AND STAFF
STEVE MADSON,DZf JIM MARKA - /t1
KEN MERRILL h! * RANDY DEVRIES4�.p
DOLF MOON Qytn, CHUCK NELSON C A I JOHN RODEBERG HAZEL SITZ }5
RE PROCEDURE FOR ADMINISTERING MERIT PAY
The directors have discussed the procedure that has been used for
merit pay recommendations for the past several years. It seems
• to be working very well, and we have no recommendations for
change at this time.
"Consideration for merit adjustment will be made annually on
each employee's
individual anniversary date. With the
exception of unusual
circumstances, up to 4 percent may be
recommended for
(level 4)
employees who are presently below midpoint
of their
pay grade, and up to 2 percent may be
recommended for
employees who are between midpoint (level 4)
and the maximum
(level 7) of their pay grade. The
of all increases
average
for employees above midpoint will not be
more than 1.257..
Merit adjustments are not automatic but
are a reflection
of job performance."
(Implemented 1986)
•
City Hall
Parks & Recreation Police Department
37lVashington Avenue West
900 Harrington Street 10 Franklin Street South
(612) 587 -5151
(612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350
Printed on mcycicd paper- �(
.5/7 /? �tl
I
— 5
E
l�
��BDa
7�y
3
ccruh
•
F
3) lee
5 Boa
CRITERIA FOR USE OF LAND WRITE DOWN FOR ECONOMIC DEVELOPMENT
• Property available for land write down Is to be zoned
Industrial
*Lend to be appraised by certified appraiser
• The appraised value to be written down by 2/3
'The amount or the write down would be a deferred loan for
ten years at which time it would become a grant
"The write down would become avaliable at the conclusion or
the real estate improvements
•If property Is sold during the ten year period, a pro rate
amount or I/ 10 of the total amount per year or the remaining
years would be due Interest shall be paid at 9R simple
Interest on the remaining balance times the number or years
or parts of years loan was deferred
*The write down would not include future assessments
O DeLermination for the deferred loan would be given when the
real estate improvements returned a property lax increase at
least eoual to or greater than the per year amount of deferred
loan
• Deferred loan would come from either the Revolving Loan
Fund or Economic Development Loan Fund
"Additional financial incentives could be made available on a
case by case basis for below market rate interest loans
EXAMPLE
L2 acres of land
•Asking price of land $ 45.000
* Appraised pace of land 32,000
'2/3 or appraisal as a deferred loan
(write down) 21,334
*Amount of deferred loan per year 2.133
Buyer pays to seller
Negotiated sale
4 0.000
Deferred Loan
$ 2 .334
Balance
IB.E66
S 40.000
Seller pays deferred
assessments
-10.980
Return to seller after
assessments
S 29,020
Buyer sells land at end of 4th year
Remaining principal due at 97
Principal (6 years x 2.133) 12,798
Interest for 4 years on $ 12,798 • 4.607
Amount of Repayment 17,405
If buyer retains ownership of bu sness ror entire 10 years
the entire amount of the deferred loan or $ 21,334.
becomes a grant,
9��
IL
Grinstead &Associates
Bumnuss 1%w1 epnu•nt & Con.ulting
•
P.O nvx +S I. name], lilinois 62 ( 618 ) 633 2762
FAX& (618) 633 2
Mr. Ken Merrill
Finance Director
City of Hutchinson
City Hall - 37 Washington Avenue, Nest
Hutchinson, Minnesota 55350
Dear Ken:
May 11th, 1992
Regarding:
NOT BEING ABLE TO USE -THE COMMON INGRESS /EGRESS ( "PASS THROUGH ")
> om the Liquor Store to Erickson's Supermarket:
In our opinion, the "Pass Through" was an excellent Merchandising Function
to generate additional "IMPULSE" sales and profits.
However, "Losing Pass Through" - should not have a major impact on
sales, and should not be a factor in choosing a specific location.
On one hand:
• We have estimated that only 5% of the customers would use the
• pass through (WITH THE LAYOUT - PREVIOUSLY PRESENTED TO YOU).
• At least, 40% of these customers will use other doors - especially
if we use a large glass wall between the Supermarket & Liquor Store.
• These customers will be much more wine oriented, which indicates
that there will be more impact on Gross Profits (than on Sales),
but the Average Sale per Customer will be lower because they will be
making smaller /one bottle purchases.
On the other hand:
• The STORE LAYOUT - with three ingress /egress, Created a problem in
- that all available square footage could not be used to its maximum
potential, and there was a "POTENTIAL" problem with security.
THE LOSS OF THE "PASS THROUGH" MAY CREATE A 1% to
GROSS PROFITS. However, we feel comfortabl
a) "Losing the PASS THROUGH"
v5.
b) Using the available square footage to
eliminating the problem with security
2% REDUCTION IN POTENTIAL
a with the "trade off" of:
its potential and
(shoplifting).
Therefore, we need to "re- evaluate" the Store Layout. We will have
this modified Store Layout for you - on (or prior to) 5/20/92.
Yours tr / uly,
• L ,
C arles L. Grinstead
Grinstead & Associates
ARNOLD & MCDOWELL
ATTORNEYS AT LAM
101 PARR PLACE
BUTCHINSON, MINNESOTA 55350 -2563
(612) 567 -7575
FAX (612) 561 -4046
RESIDENT ATTORNEY
0 BARRY 1VDERSON
OF OOUBSEL
WILLIAM W. CAMERON
RAYMOND C. IAILIER
PAUL M. BEOICH
CHARLES R.CARIMICHAEL"
SRHI CEDAR LA HE ROAD
MINNEAPOLIS, MINNEESOTA 55416
( 612) 545 -9000
MN TOLL FREE BOO- 34.'1-4545
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINT - ESO'L 55311
(612) 369 -2214
PAX (612) 369 -5506
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350 ° :•— Y
c „
Re: Liquor Store Condominium y
Phase II e�y�pc
Our File No. 3244 -91046
Dear Gary:
• I am enclosing three execution drafts of the agreement between the
City of Hutchinson and Erickson's for the condominium project.
The drafts should be signed in the spaces indicated by the markers.
Please return two fully executed copies, as well as a photocopy.
You should retain one fully executed copy for the City.
We will keep the photocopy here in our file and the two executed
copies will be returned to the Everest Group, Ltd.
Since there were changes in the agreement, I believe it should be
placed on the City Council agenda for approval.
Thank you. Best regards.
Very truly yours,
FA U
G. Barry Anderson
GBA:lm
. Enclosure
CC C. William Franke
' CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THL MINNESOTA STATE BAH ASSOCIATION / -
DAVID B. A 01,1)
D. MCDOWEI
. OARS
STEVEN A.A- YDEBSON
O. BARRY ANDERSON'
STEVEN S. HOOE
LAURA [. FRETLA.VD
DAVID A. BHUEOOEMANN
PAUL D DOVE"
JOSEPH M PAIEMENT
JAMES CTLET
RICHARD O. MCOEE
TIMOTHY K FAFINSEI
MARY E. HOBBOC RS
CATHRYN D. REBER
May 4, 1992
ARNOLD & MCDOWELL
ATTORNEYS AT LAM
101 PARR PLACE
BUTCHINSON, MINNESOTA 55350 -2563
(612) 567 -7575
FAX (612) 561 -4046
RESIDENT ATTORNEY
0 BARRY 1VDERSON
OF OOUBSEL
WILLIAM W. CAMERON
RAYMOND C. IAILIER
PAUL M. BEOICH
CHARLES R.CARIMICHAEL"
SRHI CEDAR LA HE ROAD
MINNEAPOLIS, MINNEESOTA 55416
( 612) 545 -9000
MN TOLL FREE BOO- 34.'1-4545
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINT - ESO'L 55311
(612) 369 -2214
PAX (612) 369 -5506
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350 ° :•— Y
c „
Re: Liquor Store Condominium y
Phase II e�y�pc
Our File No. 3244 -91046
Dear Gary:
• I am enclosing three execution drafts of the agreement between the
City of Hutchinson and Erickson's for the condominium project.
The drafts should be signed in the spaces indicated by the markers.
Please return two fully executed copies, as well as a photocopy.
You should retain one fully executed copy for the City.
We will keep the photocopy here in our file and the two executed
copies will be returned to the Everest Group, Ltd.
Since there were changes in the agreement, I believe it should be
placed on the City Council agenda for approval.
Thank you. Best regards.
Very truly yours,
FA U
G. Barry Anderson
GBA:lm
. Enclosure
CC C. William Franke
' CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THL MINNESOTA STATE BAH ASSOCIATION / -
• PURCHASE AGREEMENT
This Purchase Agreement is made and entered into this
day of April, 1992, by and between the CITY OF HUTCHINSON, a
Minnesota municipal corporation, hereinafter referred to as
Hutchinson, and ERICKSON'S DIVERSIFIED CORPORATION, a
Wisconsin corporation, hereinafter referred to as
Erickson's.
SALE
Erickson's hereby sells and agrees to convey to
Hutchinson, and Hutchinson hereby agrees to purchase,
that certain parcel of real estate, located in the City
of Hutchinson, County of McLeod, and State of
Minnesota, legally described as Unit No. 2, Condominium
No. , Erickson's Downtown Redevelopment
Condominium, together with all improvements constructed
or to be constructed thereon and appurtenances
thereunto belonging (hereinafter the "property ").
PURCHASE PRICE
A. Price:
• The purchase price for the above - described
property shall be established by reference to and
shall equal the costs actually incurred by
Erickson's to construct and provide Unit No. 2,
together with appurtenant improvements, to
Hutchinson, in the manner herein described. For
the purposes of this Agreement, costs to be
utilized in determining the purchase price shall
include and be limited to the following: (i) a
proportionate share of land acquisition costs,
site preparation and improvement costs, building
shell (including foundation, roof, walls and
general building services and elements), and costs
for professional services (including
architectural, engineering, environmental,
surveying, and legal for formation of
condominium); and (ii) construction costs directly
attributable to build out and finishing of Unit
No. 2 and other costs directly attributable to
4/3/9'2
hmchpa
r.e. Y3
L J
9- Z9;
said Unit No. 2. Hutchinson's proportionate share 40 shall equal the percentage achieved by dividing
the square footage of Unit No. 2 by the total
square footage of all condominium units.
The parties anticipate that the purchase price
will be Three Hundred Thousand and no /100
($300,000.00) Dollars, or less. In the event the
purchase price, as determined above, exceeds or is
estimated to exceed said sum, then either
Hutchinson or Erickson's may terminate this
Agreement by written notice to the other. , The
purchase price shall be estimated prior to
commencement of construction and shall be
determined prior to closing. In each instance
Erickson's shall provide Hutchinson with a summary
of the computation of the purchase price and
complete back up material supporting the same. In
addition, Hutchinson shall have the right to
review, inspect and otherwise audit the books and
records maintained by Erickson's and its
contractor relating to the costs attributable to
said Unit No. 2.
Z
B. Payment
The purchase price shall be
the date of closing.
CLOSING
A. Date and Place
paid, in cash, on
The closing shall be held within fifteen (15) days
following the substantial completion of the
improvements to be constructed upon the property,
at such place and time as the parties shall
mutually agree.
B. Closing Obligations
At closing, Hutchinson shall pay the purchase
price in the manner hereinbefore provided, and
Erickson's shall deliver to Hutchinson, the
following items, and the following duly executed
documents, to -wit:
(1) A general Warranty Deed
title to said property,
following exceptions:
conveying marketable
subject only to the
•
L�
2
• a. Building and zoning laws, ordinances,
state and federal regulations;
b. Reservations, restrictions, and ease-
ments as set forth in the Declaration of
Condominium No. , Erickson's Downtown
Redevelopment Condominium;
C. Utility and drainage easements currently
of record;
d. Reservations, restrictions, and condi-
tions relating to the use and transfer
of the property as hereinafter set
forth.
(2) A current Abstract of Title to the property,
or a Torrens Certificate of Title.
Erickson's shall pay all documentary stamps
necessary for the recording of the Warranty Deed,
and Hutchinson shall pay all other recording
charges with respect thereto. Erickson's delivery
of all of the documents above specified shall be a
condition precedent to the obligation of
• Hutchinson to close this transaction. Upon the
delivery of the foregoing documents, Hutchinson
shall pay the purchase price as hereinbefore
stated.
4. POSSESSION
Erickson's agrees to deliver possession of the property
not later than the date of closing, provided, that all
conditions of this Agreement have been satisfied, or on
such earlier date as the parties may agree.
5. TAXES AND ASSESSMENTS
A. Erickson's
Erickson's shall pay or cause payment, at or
before closing, of all the real estate taxes and
installments of special assessments due and
payable in the year preceding the year of closing
and prior years, and a pro rata share of real
estate taxes due and payable in the year of
closing.
•
9
B. Hutchinson •
Hutchinson shall have the obligation of paying a
pro rata share of the real estate taxes due and
payable in the year of closing, which proration
shall be made on a daily basis to the date of
closing, and shall have the obligation of paying
all real estate taxes and installments of special
assessments due and payable thereafter.
C. Miscellaneous
Nothing herein contained shall be deemed to effect
or alter any obligation of the parties under
existing agreements between them with respect to
the payment of property taxes or special
assessments.
ERICKSON'S COVENANTS AND WARRANTIES
Erickson's covenants and warrants as follows:
A. Specific Warranties
(1) Title
Erickson's warrants that it will have good •
and exclusive right, title and interest in
and to the above described property, and has
the right and authority to sell and assign
the same. Erickson's further warrants that
all bills for work done or materials
furnished to or in the improvement of the
property will have been paid in full by the
date of closing.
(2) Encroachments
Erickson's warrants that all improvements on
the property are entirely within the boundary
lines of the property, and that there are no
encroachments on the subject property.
(3) Compliance with Applicable Law
Erickson's warrants that: The property will
fully comply with all existing local, state
and federal rules, regulations and laws
having application to the condition and
ownership of the property, including, without
limitation, health and safety and •
• environmental ordinances, codes, and laws;
Erickson's has received no notice, and has no
knowledge of any present code, ordinance, or
zoning violations relating to the property
from any governmental authority having
jurisdiction over the property; Erickson's
has or shall have, as of the date of closing,
complied with all Landlord and Tenant laws of
any governmental authority having
jurisdiction over the property; Erickson's
shall, if notice of any violation of the
foregoing items is received by Erickson's
prior to the date of closing, bear the
expense of all work or action necessary to
remove or correct such violation; and all
licenses and permits needed to operate the
property in the present manner, are in full
force and effect, and, if assignable, will be
assigned to Hutchinson, at closing, at no
additional cost to Hutchinson.
(4) Hazardous Substances
Erickson's warrants that during the period it
has owned the property there has not been at
• any time, any waste, substance or mixture of
substances stored, disposed or spilled upon
the property, of a nature or in such
quantities which may be considered hazardous
and therefore subject to or in violation of
local, state or federal law or regulation
requiring penalties, removal or other
remedial action. Erickson's indemnifies and
holds Hutchinson harmless from any cost,
penalty, expense, loss or damage incurred as
a result of the presence or removal of such
regulated hazardous waste, substance or
mixture of substances, that Erickson's placed
or permitted to be placed on the property
during the period of its ownership.
B. Covenants
Erickson's and Hutchinson acknowledge that between
the date hereof and the date of closing,
Erickson's will be creating Erickson's Downtown
Redevelopment Condominium and constructing a
building and certain improvements on the property
0
�"
and on the adjoining condominium property. In
that connection, the parties agree that Erickson's
will proceed with and diligently pursue completion
of the following:
(1) Creation of Condominium
Erickson's will proceed with the proper
creation of a commercial condominium to be
known as Erickson's Downtown Redevelopment
Condominium. The condominium shall cover the
real estate described in attached Exhibit A,
and will be established by a Declaration of
Condominium substantially conforming to the
Declaration of Condominium No. ,
Erickson's Downtown Redevelopment
Condominium, attached hereto as Exhibit B.
Hutchinson agrees to cooperate with
Erickson's to facilitate creation of the
condominium.
(2) Construction of Building and Improvements
Erickson's will proceed with such action as
may be reasonably necessary to cause and
effectuate the construction of a building and
related improvements on the parcel of real •
estate covered by Erickson's Downtown
Redevelopment Condominium. The building,
which shall contain approximately 46,720
square feet of floor space, and related site
improvements are more particularly described
on attached Exhibit C. Said construction by
Erickson's shall include construction of Unit
No. 2, which shall consist of approximately
5,720 square feet and shall be located within
the building as shown on attached Exhibit C.
The construction of Unit No. 2 shall include
the improvements described on Exhibit D.
The parties acknowledge and agree that the
above building and improvements will be
constructed in accordance with plans and
specifications to be prepared and submitted
by Erickson's, and which are to be approved
by Hutchinson pursuant to the customary
permitting and approval process utilized by
Hutchinson on projects of this nature.
Erickson's will promptly proceed with
preparation and submission of such plans,
specifications, and applications necessary
LJ
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• for approval and permitting of the project,
which plans and specifications shall be
consistent with the conceptual plans set
forth in attached Exhibit C. Hutchinson
agrees to cooperate with Erickson's in
connection with the foregoing.
C. Warranties
Erickson's makes no warranties to Hutchinson
relative to the building and improvementns to be
constructed pursuant to the foregoing. However,
Erickson's shall, at closing, assign to
Hutchinson, all contractor, subcontractor and
manufacturer warranties applicable to Unit No. 2.
7. TITLE
Erickson's shall, within a reasonable time after
approval of this Agreement, furnish an Abstract of
Title, or a Registered Property Abstract certified to
date to include proper searches covering bankruptcies,
and State and Federal judgments and liens. Hutchinson
shall be allowed thirty (30) days after receipt thereof
for examination of said title and the making of any
objections thereto, said objections to be made in
• writing or deemed to be waived. If any objections are
so made Erickson's shall be allowed one hundred twenty
(120) days to make such title marketable. Pending
correction of title, the payments hereunder required
shall be postponed, but upon correction of title and
within 10 days after written notice to Hutchinson, the
parties shall perform this Agreement according to its
terms.
If said title is not marketable and is not made so
within one hundred twenty (120) days from the date of
written objections thereto as above provided, this
Agreement shall be null and void, at option of
Hutchinson, and neither principal shall be liable for
damages hereunder to the other principal. All money
theretofore paid by Hutchinson shall be refunded. If
the title to said property be found marketable or be so
made within said time, and said Hutchinson shall
default in any of the agreements and continue in
default for a period of ten (10) days, then in that
case Erickson's may terminate this Agreement and on
such termination all the payments made upon this
Agreement shall be forfeited by Hutchinson, and
retained by Erickson's and Erickson's agent, if any, as
their respective interests may appear, as liquidated
•
7
damages, time being of the essence hereof. This
provision shall not deprive either party of the right
of enforcing the specific performance of this Agreement
provided such Agreement shall not be terminated as
aforesaid, and provided action to enforce such specific
performance shall be commenced within six months after
such right of action shall arise.
8. CASUALTY
In the event the property or any portion thereof is
substantially damaged by any cause before the closing
date, which damage materially affects the value of the
property, then this Agreement shall remain in force and
effect, Erickson's shall diligently pursue correction
and repair of any such damage and the time for
performance and closing shall simply be extended to
reflect delays caused by any such casualty.
9. ADJUSTMENTS
Hutchinson and Erickson's also mutually agree that pro
rata adjustments of rents, interest, insurance and city
water, shall be made as of the date of closing.
10. RESERVATIONS. RESTRICTIONS AND CONDITIONS •
Hutchinson and Erickson's agree that the property is
transferred to Hutchinson subject to the following
reservations, rights, restrictions and conditions:
A. se:
The property may be used solely for the operation
of a municipal off -sale liquor store. Hutchinson
(or a successor in interest) shall not use, nor
permit the use of the property or any portion
thereof for any other purpose or purposes
whatsoever, without first obtaining Erickson's
written consent thereto.
B. Option to Reacquire
Erickson's shall have the continuing option to
reacquire the property from Hutchinson (or a
successor in interest) on the fifth (5th)
anniversary of the closing date of this
transaction and on every third (3rd) anniversary
of such date thereafter (i.e. eighth anniversary
of closing date, eleventh anniversary of closing
date, etc.). Such option may be exercised only by
•
8
written notice from Erickson's to Hutchinson (or a
• successor in interest) given not less than
eighteen (18) months prior to the date upon which
such option to purchase will be exercised.
In the event Erickson's exercises its option to
reacquire the property from Hutchinson, such
reacquisition shall be pursuant to the following
terms and conditions:
(i) If Hutchinson wishes to continue the
municipal liquor store business in the
Erickson's Downtown Redevelopment
Condominium, then Erickson's will, at
its expense, expand the existing
building to the south, to create a new
condominium, to be known as Unit No. 3.
Unit No. 3 will substantially conform to
Unit No. 2, provided, however, that
Hutchinson shall be responsible for
necessary furnishing and fixturing of
Unit No. 3. Following completion of the
work of expansion, Erickson's will
convey Unit No. 3 to Hutchinson in
exchange for Unit No. 2 and Hutchinson
shall convey Unit No. 2 to Erickson's in
• exchange for said Unit No. 3. In such
event, the parties agree that the
condominium documents shall be modified
to incorporate Unit No. 3 and to
equitably adjust percentage shares of
unit owners, all in accordance with the
provisions of the condominium
Declaration.
If Hutchinson determines that it does
not wish to continue in the municipal
liquor store business, then Erickson's
shall pay Hutchinson a price for
Unit No. 2 equal to the purchase price
paid by Hutchinson to Erickson's for
Unit No. 2.
(iii) If Hutchinson determines that it will
continue in the municipal liquor store
business but wishes to relocate
operations to a different site, then
Erickson's shall pay Hutchinson a
purchase price for Unit No. 2 equal to
•
z
seventy -five percent (75 %) of the •
purchase price paid by Hutchinson to
Erickson's for said Unit No. 2.
C.
(iv) If Erickson's exercises its option to
reacquire the property from Hutchinson
pursuant to subsection (i) above, and
thereafter wishes to again expand and to
reacquire Unit No. 3 from Hutchinson on
one of the option dates hereinbefore set
forth, Erickson's may do so, consistent
with the provisions applicable to the
exercise of said option, and the price
to be paid by Erickson's to Hutchinson,
shall equal one hundred percent (100 %)
of the price paid by Hutchinson to
Erickson's for Unit No. 2.
At closing, Erickson's shall pay the purchase
price above stated or convey marketable title to
Unit No. 3 to Hutchinson, and Hutchinson shall
deliver such duly executed documents of conveyance
as may be necessary to convey marketable title to
the property to Erickson's free and clear of all
liens and encumbrances and subject only to the •
exceptions to title existing as of the date
Hutchinson acquired the property from Erickson's.
Possession of the property shall be delivered to
Erickson's on the date of closing. The property
shall be delivered in a broom clean condition,
free of all personal property, debris and
hazardous substances.
Right of Refusal
The property may be offered for sale and sold by
Hutchinson, provided, however, that Erickson's
shall have a perpetual right of refusal with
respect to any sale of the property either by
Hutchinson or any successor in interest. If
Hutchinson (or a successor in interest) shall
receive a bona fide offer to purchase the
property, which offer is acceptable, prior to
acceptance thereof, Hutchinson (or a successor in
interest) shall give Erickson's, with respect to
each such offer, written notice thereof, which
notice shall include a copy of the offer.
Following delivery of said notice, Erickson's
shall have thirty (30) days within which to elect
•
10
• to purchase the property on and pursuant to the
terms and conditions of said offer. Erickson's
shall give written notice of its election to
purchase the property within the time period set
forth above. If Erickson's fails to exercise its
right of refusal as aforesaid, then Hutchinson (or
a successor in interest) may accept the bona fide
offer and sell the property pursuant thereto.
D. Option to Sell
Hutchinson shall have the right to require
Erickson's to repurchase the property in the event
Hutchinson is required to withdraw from the liquor
store business by reason of a change in state law
applicable to operation of liquor stores by
municipalities. In such instance, Hutchinson may
exercise its option upon not less than eighteen
(18) months prior written notice to Erickson's.
In the event said option • is exercised, the
purchase price shall equal fifty percent (50 %) of
the purchase price that Hutchinson paid to
Erickson's for such Unit.
Closing, conveyance and delivery of possession on
a sale resulting from Hutchinson's exercise of its
• option, shall be effectuated in the manner
described in Subsection 10B above.
E. Leasing
Hutchinson (or a successor in interest) may not
lease the property or any portion thereof without,
in each instance, obtaining Erickson's prior
written consent thereto, which consent shall not
be unreasonably withheld.
The foregoing reservations, restrictions and easements
shall be memorialized in a written instrument, in
recordable form, to be executed by the parties at
closing, and thereafter Erickson's shall record the
same.
11. CONDITIONS PRECEDENT
All obligations of Hutchinson under this Agreement are
subject to and contingent upon Erickson's and
Hutchinson proceeding with development of the real
estate to be covered by the condominium, under and
•
11
pursuant to the Development Agreement entered into .
between the parties on February 22, 1992.
In the event the foregoing condition is not satisfied
on or before closing, then this Agreement shall be null
and void, and the earnest money herein paid shall be
refunded to Hutchinson forthwith.
12. SURVIVAL OF REPRESENTATIONS
All statements contained in any financial materials or
other instruments delivered by or on behalf of
Erickson's pursuant hereto or in connection with the
transaction contemplated hereby, shall be deemed
representations and warranties by Erickson's hereunder.
All representations, warranties, and agreements made by
Erickson's in this Agreement or pursuant hereto shall
be deemed joint and several, except as otherwise
expressly stated, and shall survive closing.
13. BINDING EFFECT.
This Agreement shall be binding upon and shall inure to
the benefit of the respective parties and their heirs,
successors and assigns.
14. DEFAULT •
In the event Hutchinson shall default in the
performance of its obligations hereunder, and
Erickson's shall have performed or tendered performance
of all of its obligations hereunder, and said default
shall continue for a period of ten (10) days, then, in
that event, Erickson's shall be entitled to terminate
this Agreement and on such termination, all payments
made upon this Agreement shall be forfeited by
Hutchinson and retained by Erickson's and Erickson's
agent, if any, as liquidated damages, time being of the
essence hereof. This provision shall not deprive
either party of the right of enforcing the specific
performance of this Agreement provided such Agreement
shall not be terminated as aforesaid, and provided
action to enforce such specific performance shall be
commenced within six months after such right of action
shall arise.
15. ENTIRE AGREEMENT
All understandings and agreements heretofore made
between the parties hereto are merged in this
Agreement, which alone fully and completely expresses
•
12
• their agreement. This Agreement is entered into after
full investigation, neither party relying on ay
statement or representation not embodied in this
Agreement.
16. ACCEPTANCE OF PURCHASE AGREEMENT
This Purchase Agreement has been signed by Hutchinson
and submitted to Erickson's as of the date first above
written. In the event Erickson's shall fail to accept
this Purchase Agreement, by affixing its signature
hereunto, and by notifying Hutchinson of such
acceptance, on or before April -1&, 1992, this Purchase
Agreement shall be null and void and of no force and
effect, and the earnest money herein paid shall be
refunded to Hutchinson forthwith.
IN WITNESS WHEREOF, the parties have executed this Purchase
Agreement the date and year indicated below.
BUYER SELLER
CITY OF HUTCHINSON ERICKSON'S DIVERSIFIED
CORPORATION
Y:
B
Its Its
Its Its faa
Date: Date:
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EXHIBIT A •
LEGAL DESCRIPTION OF ENTIRE CONDOMINIUM PROPERTY
Lots 1, 2, 3, 8, 9, 10, and the North one -half of Lot 4,
except the South 20 feet of the said North one -half of Lot
4, all in Block 14, in the Townsite of Hutchinson, South
half, according to the plat thereof on file and of record in
the Office of the Register of Deeds in and for County of
McLeod, State of Minnesota, together with the North 211 feet
of the alley in Block 14, which alley has been vacated by
the City of Hutchinson.
Lots 1, 2, 3, 4, and 5, Block 48; Jefferson Street between
First Avenue Northeast and Washington Avenue (to be vacated
by the City); Lots 1 -10; Block 47 (including the alley
between First Avenue Northeast and Washington Avenue, to be
vacated by the City); that part of Adams Street as platted
in the townsite of Hutchinson, North Half, according to the
recorded plat thereof, described as follows: Beginning at
the northeast corner of Block 47 in said plat; thence south
0 degrees 38 minutes 02 seconds, assumed bearing, along the
east line of said Block 47 a distance of 222.98 feet; thence
north 15 degrees 33 minutes 30 seconds east, a distance of
214.14 feet; thence north 74 degrees 26 minutes 30 seconds
west, a distance of 62.18 feet to the point of beginning; •
all of said property being located within the original plat
of the North Half of Hutchinson, in McLeod County,
Minnesota; and that portion of the alley in Block 48 between
the North line of said Block 48 and a line 12 feet South of
the North line of Lot 7 in Block 48, and the East 8.25 feet
of that portion of the alley extending between the South
line of Block 48 and a line 12 feet South of the North line
of Lot 7, Block 48 (to be vacated by the City); all of said
property being located within the original plat of the North
half of Hutchinson, in McLeod County, Minnesota.
•
14
• EXHIBIT B
DECLARATION OF CONDOMINIUM
ERICKSON'S DOWNTOWN REDEVELOPMENT CONDOMINIUM
The parties acknowledge and agree that the proposed
Declaration of Condominium that was submitted by facsimile
to Gary D. Plotz, City Administrator of the City of
Hutchinson, on March 18, 1992 is hereby incorporated herein
by this reference. The parties further acknowledge and
agree that said Declaration is preliminary and may be
modified to accommodate the mutual interests of the parties
as planning of the Erickson's Downtown Redevelopment
Condominium progresses.
•
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15
EXHIBIT C •
DESCRIPTION OF BUILDING
The building to be constructed as part of the project will
be a single -story Type IIN slab on grade structure with
exterior walls constructed of load- bearing decorative
concrete masonry units, with an interior post and beam
structural system, steel roof deck and canopy entrance. The
building footprint will have an area of approximately 46,720
square feet, consisting of an approximate 5,720 square foot
municipal liquor store and a Festival Foods grocery store of
approximately 41,000 square feet. The liquor store space
will have a separate exterior entrance and, in addition, an
interior entry/ connection to the grocery store. The
building will be served by a truck loading dock and loading
service area located in the rear of the building. The site
improvements developed in connection with the building shall
include a landscaped berm area at the rear of the building,
along the west right of way of Adams Street, with a minimum
berm height of three (3) feet above the elevation of Adams
Street and appropriate landscape plantings to reasonably
screen the truck service area from public view.
•
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I
EXHIBIT D
DESCRIPTION OF IMPROVEMENTS TO UNIT NO. 2
ERICKSON'S WORK
Unit No. 2 of the Condominium shall be constructed and
completed in accordance with the following outline
specifications:
•
i
DIMENSIONS:
Frontage: Depth:
Area:
As measured by Erickson's Architect from the outside of the
store front (or lease line indicated) and the outside of the
rear wall (or center line if not outside wall) and the
center line of the demising partitions.
Erickson's will provide one (1) washroom as required by
applicable codes and regulations for a retail store and for
no other requirements, complete with necessary plumbing
fixtures (one water closet and one sink), water heated
electrically, as required by code, toilet paper holder,
mirror, exhaust fan, light, suspended 2' x 4' acoustical
ceiling, flooring installed, walls to be gypsum board taped
and sanded ready for application of Hutchinson's wall
covering, wainscoting as required by code, hollow metal door
with hardware and all electrical hookups for washroom light,
fan, and water heater. Washroom typically shall be located
at the rear of the Premises or as shown on the blockout
drawings. Additional washroom and /or plumbing requirements
will be Hutchinson's responsibility.
17
EXHIBIT D
LEASEHOLD CONSTRUCTION AND IMPROVEMENTS
ERICKSON'S WORK
(contd.)
CEILING SYSTEM
Erickson's will provide a suspended T -bar ceiling system
with 2' x 4' lay -in acoustical tile or an allowance of $.80
per square foot for Premises ceiling on a "single plane
basis ". Ceiling height to be 10 feet. Any additional cost
of installing the ceiling system caused by partition walls
or other interior tenant improvements shall be borne by
Hutchinson.
STORE FRONT
The store front shall be 1" thick clear insulating glass and
prefinished metal panels set in an anodized aluminum thermal
break frame system. One tempered clear glass and anodized
aluminum entrance door to be provided by Erickson's.
DEMISING WALLS
Tenant demising walls (party walls) shall typically be 5/8"
thick Type X gypsum board on 4 standard steel studs at 16"
centers, typically. Hutchinson shall verify actual stud
location. Gypsum board will be taped and sanded, ready for
finishing by Hutchinson. Where the steel studs are to carry
any wall mounted equipment required by Hutchinson, the costs
to reinforce the wall to carry the additional loads to be
borne by Hutchinson. One side of each demising wall above
the ceiling plane will be carried to underside of roof deck
by Erickson's.
PARTITIONS WITHIN PREMISES
The washroom partitions are the only partitions within the
Premises provided by Erickson's. All other interior
partitions are the responsibility of Hutchinson.
Where required as a second means of egress from Premises and
as shown on the blockout drawings, a rear door with hardware
will be provided by Erickson's. Additional or larger doors
or openings will be provided at Hutchinson's cost, installed
by Erickson's contractor.
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18
• EXHIBIT D
LEASEHOLD CONSTRUCTION AND IMPROVEMENTS
ERICKSON'S WORK
(contd.)
DECORATING
All decorating in the Premises to be provided by Hutchinson.
FLOORING
Sealed concrete ready for the application of floor covering
by Hutchinson. Hutchinson shall install floor covering,
satisfactory to Erickson's.
SIGNS
All signs to be provided by Hutchinson shall be in
accordance with Erickson's general sign criteria and the
local sign ordinance of the City of Hutchinson. The quality
and design of the sign must be approved in writing by
Erickson's prior to Hutchinson installation. The fascia
signage will be wired direct to Hutchinson's electrical
panel by Hutchinson's contractor. Erickson's shall provide
a J -Box in this fascia for Hutchinson's signage.
0 HEATING AND AIR CONDITIONING
Erickson's will provide the Premises with a heating and air
conditioning system. The quality and capacity shall be such
as to provide comfortable conditions in the Premises in
accordance with generally accepted Minnesota standards.
Erickson's will provide the heating and air conditioning
equipment on an open store plan basis. This equipment shall
include: (1) the rooftop unit, (2) the drop to the
Premises, (3) the main distribution trunk, (4) the
thermostat, wired directly to Hutchinson's panel. The cost
of any additional lateral ducts, any dampers and diffusers,
and any cutting and patching of the roof membrane will be
borne by Hutchinson. In order to insure that all warranties
remain intact, this work shall be carried out by Erickson's
contractor, at Hutchinson's sole expense, based upon written
estimates approved in writing by Hutchinson, prior to the
commencement of this work.
If additional electrical capacities are required for
lighting, Hutchinson shall bear the cost of additional air
conditioning required to handle the increased load.
E
9�
EXHIBIT D
LEASEHOLD CONSTRUCTION AND IMPROVEMENTS
ERICKSON'S WORK
(contd.)
ELECTRICAL
Erickson's will (1) bring the power supply to the Premises
up to and including an empty 200 AMP, 3 -phase distribution
panel box, (2) provide one 2' x 4' fluorescent lighting
fixture for every one hundred (100) square feet of space
within the Premises. Additional electrical requirements
will be paid for by Hutchinson. Hutchinson washroom light,
exhaust fan and water heater will be connected to
Hutchinson's panel by Erickson's.
FIRE PROTECTION
The Premises shall be provided with an automatic fire
protection sprinkler system by Erickson's to meet current
applicable building codes and standards. Coverage will be
on a "single horizontal plane basis" to meet Uniform
Building Code and National Fire Protection Association
requirements. The cost of any change to the basic system
due to addition of partitions, ceiling height changes,
bulkheads, high storage shelving, etc., will be borne by
Hutchinson, and shall be carried out by Erickson's at
Hutchinson's expense.
TELEPHONE
Erickson's will provide one telephone conduit to
Hutchinson's space.
OTHER WORK
The space provided by Erickson's is described above. The
cost of any changes or additions to the above will be borne
by Hutchinson and may be carried out by a contractor or
contractors of Hutchinson's choice, subject to the written
approval of the changes, additions and the contractor by
Erickson's.
Other contractors working on the Premises must cooperate
with Erickson's project manager, apply and pay for their own
building permits and fees, and conform to all applicable
State and local building codes.
While other contractors may perform work on the Premises on
behalf of Hutchinson, the following areas of work must be
performed by the contractor of Erickson's, and will be
11
0
0
20
•
0
u
EXHIBIT D
LEASEHOLD CONSTRUCTION AND IMPROVEMENTS
ERICKSON'S WORK
(contd.)
charged back to Hutchinson on the basis of prior estimates
approved in writing by Hutchinson: Structural alterations,
including but not limited to:
- Breaking out concrete floors
- Cutting and patching the roof
- Alterations to exterior walls
- Heating and air conditioning
changes
- Plumbing and sprinkler system
- Electrical feeder changes.
membrane
and store front
system installation or
changes and additions
21
r
DAVID H.AHHOLD
W .MC A_ ZRS
etma9aoN
O.>�HT ANDL840N'
STEVEN S. HOOE
IJtIHA
K. PBE D
DAVID A. DHDEOOBMANN
PAIL D. I10VL"
JOaEPH M. PAlEI]ENF
JAMES OTLEY
RIcH O. MCOEE
TIMOTHY W. FAFINS81
MART E. HOHRO KS
CATHHYN D. REHER
1
J
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(612) 537 -7573
FAA (6W) 3D9-409D ' V
NESIDENT ATTOt Zy 41ty
O. DAHBY ANDERSON �.
(/1 n
fi r,
May 11, 1992
Gary D. Plotzr
Hutchinson City Administrator
37 Washington Avenue West
Hutchinson, MN 55350
RE: Steven R. Picha - Liquor License Application
Our File No. 3189 -92622
Dear Gary:
OF CO SZL
WII TI.M W. CAMERON
RAYMOND C. , sT I t"
PADL M.BHOICH
CHAHLE9 8. GE]11C8AEL"
5661 CLDAH IJHL HOAR
MINNEAPOLIS,MINHESOTA 55416
(619) 345 -9000
IQI TO FREE 500- 343-4345
PAX(6I9)545-M3
501 soD H FOUWU STREET
PRINCETON, MINNESOTA 55391
(619) 349 -3x14
FAX (619) 349-5506
�
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V By . ...... ..
As you know, the City of Hutchinson has been engaged in a review
of the liquor license application of Steven R. Picha. A license
revocation hearing has been set for May 26, 1992, at the regularly
scheduled City Council meeting.
This correspondence is for the purpose of advising you that upon
review of -all of the material available to me, this office would
recommend that a license be issued to the above referenced
applicant.
There are several possible grounds for denial of a liquor license.
The first possible road block to the granting of a license is the
corporate structure of the applicant. Sergeant Kirchoff of the
Hutchinson Police Department has conducted a thorough investigation
and it appears that the corporate structure of the applicant
complies with, at least to the extent presently required, the
existing city ordinance.
A second issue concerns the unpaid sales taxes owed to the State
of Minnesota by Mr. Doherty. Normally, the fact the a predecessor
and title owes taxes would not affect the new applicant. However,
- in this case, the minutes of a special meeting of the Board of
Directors of Hutch Pizza, Inc., which meeting was held on January
6, 1992, reflects that Mr. Picha is, or was, an officer of the
predecessor corporation.
'CHHTDT[ED A9 A CIVIL T81AL SPECIALIHT HY THE MLLfNEEOTA H1AT'E DA8 ASBOCLTION
'CEM[[FIILD AH ♦ REAL PROPERTY LAW SPECIALIST RY THE M1NN MA SPATE BAH A890CtATH)N
Gary D. Plotz
May 11, 1992
Page 2
The city has been advised informally that the State of Minnesota
intends to pursue Mr. Picha for the pass due taxes on the theory
that he was a principal with the corporation and is therefore
personally liable. No one has yet been able to provide statutory
authority to this office for the position taken by the State of
Minnesota, but since the obligation was incurred prior to the
accession of Picha to the office of president, I think it unlikely
that the state will either pursue Mr. Picha and even more unlikely
that the state will prevail. Without substantially more authority
than the city now possesses, I would not recommend relying on this
theory for denial of the license.
A third possibility for denying the license rests with the
violations of the health and safety regulations. We have been
advised by the State of Minnesota that a food license has been
issued. There are pending criminal charges issued by our office
dealing with the failure to obtain a required license and
maintenance of a hazardous building. Since a license has now been
issued and the property is in compliance, I do not believe the city
can ground its revocation of Mr. Picha's license on this basis.
A fourth basis for revocation of the license may be found in the
statutory violations which this office has charged as criminal
offenses and for which Mr. Picha is presently being prosecuted.
However, some of those violations may relate to prior ownership and
all of them were properly resolved by Mr. Picha upon notice by the
city. It is possible that upon conviction of the violations, as
opposed to simply issuing the charges, revocation might be
feasible. However, revocation is not appropriate simply on the
basis of the allegations, particularly in view of the fact that
many of the offenses, if not all of the offenses, may relate to the
prior owner.
�� Apon review of all the facts and circumstances, and the license for
the retail sale of alcoholic beverages having been previously
approved by the city, I would recommend that the revocation hearing_
C �a� \ presenter scheduled be b
cancelled and the business be allowed to
p� opera as previously is cussed.
I should point out that there is a distinction between revocation
of a license and denial of the license in the first place. It is
much easier to do the latter than the former which requires a
hearing and substantial findings which I believe are not likely to_
be reached in this case.
1
•
•
2
Gary D. Plotz
• May 11, 1992
Page 3
GBA /pb
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•
PUBLICATION NO. 4381
PUBLISHED IN THE HUTCHINSON LEADER: Thursday, May 14, 1992
NOTICE OF PUBLIC tEMMIG
TO WHOM IT MAY CONCERN
Notice is hereby given that a public hearing will be held on
Tuesday, May 26, 1992
at the hour of 8:00 P.M. in the Council Chamber
of City Hall for the purpose of:
revokation of the issuance of an intoxicating liquor license to 0
Steven Picha, operator of J's Pizza Garten and J's Sports Bar,
located at 18 Main Street N.
This hearing will be held by the City Council
of the City of Hutchinson. At such hearing, all persons interested
may be heard.
Ci�y Admiiatrator
May 12, 1992
Dated
REGULAR COUNCIL MEETING MAY 12, 1992
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•
•
WATER & SEWER FUND
*Withhold Tax Acct
employer contribution
818.14
*US Postmaster
water bills
223.28
All Seasons
blocks
450.00
American Nat'l Bank
principal & interest
433,600.00
Bernard Mulcahy
tanks
632.25
Big Bear
fertilizer
100.87
Cash Drawer #4
supplies
4.37
Citizens Bank
5 savings bonds
250.00
City of Hutch
May dental
337.81
City of Hutch
May medical
2,883.07
City of Hutch
reg- M.Graham
50.00
Coast to Coast
supplies
66.89
Curtin Matheson
lab supplies
111.17
Davies Water Equip
connections
446.37
Dept Labor & Ind
license- M.Meece
10.00
DeVries, Randy
lunch expense
11.76
Envirex
rubber seal
297.00
Fabel, Mitchel
tree dump operator
59.50
Farm & Home
supplies
122.18
Fitzloff Hardware
supplies
103.19
Floor Care
liners
69.40
Fortis Benefits
May LTD
116.44
G & K Services
uniforms
204.42
Gopher State One Call
April service
90.00
Greenbriar Floral
bud vases
9.00
Harris Mechanical
March preventive mtce
1,270.00
Hutch Cenex
gasoline
921.22
Hutch Com Hospital
first aid class
35.00
Hutch Leader
recycle ads
449.03
Hutch Telephone
phone service
358.78
Hutch Utilities
electricity & gas
14,748.62
John Henry Foster
compressor
173.39
Junker
April refuse
58,887.84
K Mart
vacuum bags
2.47
L & P Supply
spring
10.15
Lar -Thom
double payment refund
158.74
LMCIT
gen liability
9,193.75
Manchester Pkg
starch bags
1,686.53
MN Dept of Health
reg- R.Ebert
35.00
MN Dept of Revenue
April sales tax
3,686.36
MN Mutual Life
May life ins
49.14
MN State Treasurer
renewal
15.00
MN Valley Testing
tests
226.00
Nalco Chemical
optimer
4,995.00
NCL
lab supplies
87.40
Olsen, Diane
Logis meeting
35.10
Olsons Locksmith
repair
32.00
PERA
employer contribution
472.74
Phillips, Dave
safety boots
30.00
Plaza Hardware
paint
10.77
Quade Electric
service calls
98.50
11'-1
Olsen, Diane
Logis meeting
35.10
Olsons Locksmith
repair
32.00
• PERA
employer contribution
472.74
Phillips, Dave
safety boots
30.00
Plaza Hardware
paint
10.77
Quade Electric
service calls
98.50
SEC Donohue
prof services
500.76
Share Corp
detergent
113.96
Tri County Water
salt
17.60
US Postmaster
April postage
117.35
Water Products
plate
31.58
Jerabek Machine
TOTAL
$539,516.89
CENTRAL GARAGE FUND
*Withhold Tax Acct
employer contribution
102.38
Brandon Tire
repairs & tires
898.41
Carquest
supplies
551.26
Champion Auto
supplies
299.49
City of Hutch
May medical
345.67
City of Hutch
May dental
43.79
Coast to Coast
supplies
27.10
• Fortis Benefits
May LTD
13.53
G & K
uniforms
50.44
Hutch Cenex
tires
374.56
Hutch Wholesale
supplies
494.26
Jerabek Machine
axle work
213.72
Jerry's Transmission
tow
450.00
Leaders Distributing
hose & tips
27.80
MN Mutual Life
May life ins
5.67
PERA
employer contribution
59.95
Plaza Hardware
supplies
25.05
Quade Electric
lights
42.40
Sorensen Farm
adapter
16.50
Sorensen Farm
spreader rent -
150.00
Teply Equipment
pump
46.10
Town & Country Tire
alignments
154.80
US Postmaster
April postage
6.67
Wacker Implement
parts
5.70
WD Cooling
repair
133.05
Wigen Motor
repairs
1,548.74
Ziegler
replace engine
19,608.67
TOTAL
$25,695.71
r1
GENERAL FUND
•
*AARP
driving class
264.00
*US Postmaster
Sr.newsletter
212.52
*Joyce Piehl
law enforcement service
25.00
*Father Richard Gross
law enforcement service
25.00
*Rev. Harold Biederman
law enforcement service
25.00
*Bethlehem Methodist
law enforcement service
50.00
*AARP
driving class
256.00
*Shout2, Mark
advance for expenses
100.00
*DNR
title fees
116.00
*DNR
registration fees
580.00
*Withhold Tax Acct
employer contribution
4,498.91
*Withhold Tax Acct
excise tax
19.04
*AARP
driving class
240.00
A & B Electric
labor
52.50
Ackland, Paul
phone calls
7.31
Alexander, Todd
softball refund
163.50
Allen Office
ribbons
9.00
Allen Office
pencils
9.25
Allied Mechanical
material
15.32
Am Welding
acetylene
24.38
Am Welding
oxygen
34.51
Amsterdam
mailing labels
69.56
Anderberg, Charlene
C.U.P. withdrawn
75.00
Assc Trg Officers
registration
85.00
•
Barr Eng
Bennett
prof services
service contract
2,310.75
34.32
Bennett Office
service contract
10.00
Bergquist, Vonnie
guest speaker
25.00
Big Bear
tools & anchors
64.95
Black Hills Ammo
ammunition
358.50
Brown, Brian
fire school
50.00
Brown,A.& Great Plains
housing rehab
331.74
Bryan Rock Prod
aggregate
3,115.61
Camera Shop
photos
14.73
Carlson, Rob
fire school
50.00
Carquest
supplies
104.36
Cash Drawer #4
supplies
87.70
Cash Wise
coffee
85.66
Central MN Aging Council
reg- B.Haugen
30.00
Century Labs
pool paint & cleaners
1,167.16
Chamber of Commerce
rent & support
410.56
Charles Bailly
audit work
4,500.00
City of Hutch
May medical
22,093.59
City of Hutch
May dental
2,680.58
Civil Eng News
subscription
24.00
Clouse, John
softball refund
6.00
Coast to Coast
supplies
156.53
Coast to Coast
supplies
157.72
Com of Transportation
permit renewal
50.00
•
Com of Transportation
Country Kitchen
hangar payment
meals
700.00
7.29
Crow River Arts
contribution
5,000.00
Cty Market
groceries
26.22
Cty Treasurer
real estate taxes
1,091.00
Cty Treasurer
DL Fees
131.00
Culligan
salt & service
34.20
DNR
title fees
198.00
DNR
•
registration fees
775.00
Dobratz, Jeff
fire school
98.60
Earl F.Andersen
signs
180.82
Ecolab
cartridges
27.40
Eigen, Patsy
staff at horse show
120.00
Emans, Brad
fire school
108.60
Ericksons More 4
groceries
24.90
Family Rexall
supplies
36.61
Farm & Home
supplies
151.03
Field Video
tapes
15.00
Fitzloff Hardware
supplies
197.17
Floor Care
supplies
596.74
Forcier, Gary
fire school
50.00
Fortis Benefits
May LTD
970.78
G & K
uniforms
532.06
Gerebi, Liz
skating show expenses
183.78
Glaeser, Tom
fire school
250.26
Glencoe Uniforms
bulb & holster
43.90
Great Plains
door & lumber
275.52
Greenbriar Floral
bud vases
94.50
Grina, Todd
stagehands at horse show
420.00
Guardian Pest
service
63.25
G.F.Nemitz
stain
56.85
Hager Jewelry
plastics
10.00
Hanson, Niles
softball refund
157.00
• Harris Mechanical
preventive mtce
278.00
Haugen, Mary
pizzas for register night
28.32
Henry's Foods
supplies
184.53
Home Bakery
rolls
3.60
Humboldt
tools
71.14
Hutch Cenex
gasoline
3,058.93
Hutch Fire & Safety
extinguishers
54.50
Hutch Fire & Safety
inspections
162.80
Hutch Leader
public hearings, ads
1,618.34
Hutch Plumbing
repair
40.25
Hutch Sr.Adv Board
clerks at horse show
67.50
Hutch Telephone
phone service
3,625.12
Hutch Utilities
electricity & gas
3,432.11
Hutch Wholesale
supplies
38.37
Ink Spots
printing
161.02
Jensen, Jeff
softball refund
7.00
Jim Hatch Sales
push brooms
81.00
JoAnn Fabrics
crafts
55.90
Johnson, Russell
safety boots
30.00
K Mart
supplies
99.03
Raping, Brian
softball refund
66.00
Kirchoff, Ron
law enforcement service
20.00
Kirchoff, Ron
meeting expense
18.96
Kokesh
baseballs
3
Koppen, Randy
law enforcement service
25.00
• L & P Supply
repair saw
68.66
Law Enforcement Equip
name bars
22.25
Leske, Carol
softball refund
2.00
LETN
May service
288.00
Levy, Norita
geraniums
48.00
LMCIT
4th qtr gen liability
47,460.25
•
Mankato Mobile Radio
McGarvey Coffee
annual maintenance
coffee
3,602.76
54.90
McLeod Coop Power
electricity
787.87
Meeker Sand
sand
91.16
Meier, Doug
conference expenses
92.89
Merrill, Ken
Logis training
40.46
Mlynar, Jayne
baked goods
56.00
MN Blueprint
toner
105.36
MN Elevator
elevator service
61.00
MN Forestry Assc
trees
540.00
MN Micrographics
hammer
31.73
MN Mutual Life
May life ins
410.55
MN Sports Fed
sanction fees
468.00
Moon, Dolf
secretaries lunch
20.00
MPCA
reg- M.Schnobrich
40.00
Mr.Movies
movie rental
2.28
Muetzel, Mark
softball refund
25.00
Nat'l Auto Dealers
subscription
43.00
Nat'l Park & Rec
renewal
150.00
Nicklasson Athletic
pitching rubbers
84.70
PC Express
computer
1,609.00
PERA
employer contribution
4,961.95
PERA -DCP
employer contribution
28.71
Plaza Hardware
supplies
108.97
Powell, Craig
fire school
321.36
Powell, Jane
materials
90.00
•
Quade Electric
bulbs
98.20
Quality Wash
bus wash
3.00
Redman, Randy
fire school
405.52
Reynolds Fence
ties
87.50
Rickeman Seed
prevail
450.00
R.A.K.Industries
lantern
81.88
Seven West Wash
wash
9.00
Shomer Tec
helmet
251.00
Shopko
photos & binders
88.90
Simonson Lumber
lumber
95.40
Southam Bus Comm
advertising
449.44
Standard Printing
office supplies
43.08
Star Cablevision
April service
1.91
Steele, Dan
fire school
50.00
Streichers
clipboard
45.75
SW Tech College
tuition- D.Steele
100.00
Towne, Todd
softball refund
132.00
Two Way Communications
belt clip
18.00
UBC
sakrete
17.06
US Postmaster
April postage
728.11
US West
May service
98.54
Viking Int Products
liners
160.94
Viking Int Products
liners
171.58
Viking Office Prod
paper
90.87
Waage, Richard
lunch expenses
42.63
•
Wedin, Chuck
equipment
11.57
Winn,D.& Fact Direct
housing rehab
1,341.20
Xerox
contract payment
329.80
TOTAL
$140,967.85
• BOND FUNDS
RURAL FIRE DEPT
Hutch Cenex
• 4:
*Withhold Tax Acct
City of Hutch
City of Hutch
Fortis Benefits
MN Mutual Life Ins
Plaza Hardware
US Postmaster
PERA
Petersen, Troy
Star Cablevision
Hutch Telephone
Viking Coca Cola
1992 TAX INC CONST
• *Dakota Rail
*Marquette Bank
*Marquette Bank
*Arnold & McDowell
McGraw & Ward
Cty Treasurer
1990 TAX INC CONST
Hutch Utilities
Browns Greenhouse
1980 TAX INC DEBT SERV
H.Quade & D.Kenning
H.Quade & Quade Elec
1984 PARKING BONDS
0 First Trust
BONDS OF 1984
gasoline 1 46.49
employer contribution
65.91
May dental
15.64
May medical
154.46
May LTD
11.10
May life ins
4.62
double payment
(29.81)
April postage -
4.87
employer contribution
38.60
coverage
50.00
May service
22.45
phone service
28.27
supplies
75.50
TOTAL
$441.61
land acquisition
96,321.00
option to purchase
100.00
purchase
40,809.73
purchase
216,606.68
legal fees
685.85
real estate taxes
3,470.00
TOTAL
$357,993.26
elec Shopko site 92.61
trees 11,874.19
HCDC loan 390.00
HCDC loan 3,150.76
TOTAL $3,540.76
agent fees 819.00
First Trust agent fees 658.50
• BONDS OF 1987 DEBT SERV
Am Nat'l Bank
BONDS OF 1988 DEBT SERVICE
Am Nat'l Bank
REC & POOL DEBT SERV
Am Nat'l Bank
HOSPITAL BONDS DEBT SERV
Am Nat'l Bank
1990 TAX INC DEBT SER
Am Nat'l Bank
LIOUOR FUND
City of Hutch
• City of Hutch
Withhold Tax Acct
PERA
City of Hutch
City of Hutch
City of Hutch
Withhold Tax Acct
PERA
MN Dept of Revenue
City of Hutch
Am Linen supply
Coast to Coast
Title Atlas Co.
Olson Locksmith
Hutch Telephone
Hutch Utilities
Retail Data Systems
MN UC Fund
City of Hutch
A.H.Hermel
Northland Bev
Henry's Foods
Griggs Cooper
Locher Bros
Lenneman Bev
Triple G
Johnson Bros
Ed Phillips
Quality Wines
principal & interest 129,050.00
agent fees 252.51
agent fees 238.88
agent fees 234.95
agent fees 391.50
lottery sales
586.00
payroll
3,583.78
employer contribution
266.88
payroll
148.85
lottery sales
77.00
lottery sales
1,321.00
payroll
3,679.12
employer contribution
271.26
employer contribution
149.31
March sales tax
8,886.59
lottery sales
17.00
towel service
45.66
batteries
3.92
atlas
145.50
door latch
54.50
phone service
80.80
electricity & gas
450.30
ribbons
57.10
unemployment ins
516.59
April employee ins
1,220.94
supplies
18.96
supplies
227.50
supplies
1,790.53
wine & liquor
7,730.63
beer
14,986.00
beer
10,851.85
beer
12,767.45
wine & liquor
13,052.37
wine & liquor
8,815.28
wine & liquor
7,964.41
TOTAL
$99,181.08
May 2, 1992
Willard Pellinen
Pellinen Land Surveying
Highway 15 North
Hutchinson, MN 55350
A13 NOLD & MCDOWELL
ATTORNEYS AT l.Aw
101 PARK PLACE
H uTc HINsow, MINNEsoTA 55350 -2563
OP CA SEL
WILLIAM W. CAMERON
RAYMOND C. LALLIER
PAUL M.BEOICH
CHARLES R.CARMICHAEL"
(612)567 -7575
FAX (612) SE7-4o96
RESIDENT ATTORNEY
O.BARRY ANDERSON
"M CEDAR LAKE ROAD
MINNEAPOLIS,MINNESOTA 55416
(612) 546 -9000
MN TOLL FREE 600 -949 -4545
PAX ( 612) 545-1799
501 SOUTH Iq M STREET
PRINCETON, MINNESOTA 55971
(612(989-2214
PAZ (612) W9 -5506
Re: Dakota Rail, Phase II
Our file: 3244 -91048
Dear Willard:
The city has now worked matters out with Dakota Rail, Inc. This matter
is set to close Tuesday afternoon at 4:00 pm and is also scheduled for
• fornal city council approval on Tuesday evening at 5:00 pm.
It seems to me we need two things.
02
First, I need a legal description for all property owned by the railroad in
Block 47 of the North half of Hutchinson. Obviously, the lot and block nature
of the ownership for most of the real estate does not create any problems.
However, as you may recall, the railroad owns a small piece of property adjacent
to Adams street which is probably part of block 47, or at least would be
described that way, but does not have a separate legal description.
I would like to have that legal description as soon as possible, perhaps as
early as the end of business on Monday. I have included the description that
was used for the Farmer's Elevator parcel immediately to the North as I thought
that wuld be helpful.
The second matter is that we will need a consolidated legal description for the
plat. I will need this legal description to order a stub abstract so Erickson's
can review the title. I would like to order the stub abstract around May 15, if
not sooner, so if you could get the consolidated legal to me by that date, it
would be appreciated.
I should mention that the latter description should be run by the City Engineer;
I believe he has some very specific requirements that must be met in terms of street
width and the like. Obviously, with the railroad, I want to make sure that we
. acquire all of the railroad's interests, if any.
FOR YOUR INFORMATION
/ -1234 6
4r19
� E TS
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
- CERTTFIED " A REAL PROPERT]' LAW SPECTAT.IST BY THE MTNNL A STATE BAR ASSOCIATION
DAVID B. ARNOLD
GARY D.NCDOWELL
• ETEVEN
A. ANDERSON
G. BAHBY ANDERSON'
STEVEN S. HOOE
"UD E. PRETLAND
DAVID A. BRUEOOENANN
PAUL D. DOVE
JOSEPH N. PAIENF
JAN" UTLEY
RICHARD O. MCOEE
TIMOTHY W.PAFINSEI
TIAHY E. HOHROCYS
uMRYN D.ItEHER
May 2, 1992
Willard Pellinen
Pellinen Land Surveying
Highway 15 North
Hutchinson, MN 55350
A13 NOLD & MCDOWELL
ATTORNEYS AT l.Aw
101 PARK PLACE
H uTc HINsow, MINNEsoTA 55350 -2563
OP CA SEL
WILLIAM W. CAMERON
RAYMOND C. LALLIER
PAUL M.BEOICH
CHARLES R.CARMICHAEL"
(612)567 -7575
FAX (612) SE7-4o96
RESIDENT ATTORNEY
O.BARRY ANDERSON
"M CEDAR LAKE ROAD
MINNEAPOLIS,MINNESOTA 55416
(612) 546 -9000
MN TOLL FREE 600 -949 -4545
PAX ( 612) 545-1799
501 SOUTH Iq M STREET
PRINCETON, MINNESOTA 55971
(612(989-2214
PAZ (612) W9 -5506
Re: Dakota Rail, Phase II
Our file: 3244 -91048
Dear Willard:
The city has now worked matters out with Dakota Rail, Inc. This matter
is set to close Tuesday afternoon at 4:00 pm and is also scheduled for
• fornal city council approval on Tuesday evening at 5:00 pm.
It seems to me we need two things.
02
First, I need a legal description for all property owned by the railroad in
Block 47 of the North half of Hutchinson. Obviously, the lot and block nature
of the ownership for most of the real estate does not create any problems.
However, as you may recall, the railroad owns a small piece of property adjacent
to Adams street which is probably part of block 47, or at least would be
described that way, but does not have a separate legal description.
I would like to have that legal description as soon as possible, perhaps as
early as the end of business on Monday. I have included the description that
was used for the Farmer's Elevator parcel immediately to the North as I thought
that wuld be helpful.
The second matter is that we will need a consolidated legal description for the
plat. I will need this legal description to order a stub abstract so Erickson's
can review the title. I would like to order the stub abstract around May 15, if
not sooner, so if you could get the consolidated legal to me by that date, it
would be appreciated.
I should mention that the latter description should be run by the City Engineer;
I believe he has some very specific requirements that must be met in terms of street
width and the like. Obviously, with the railroad, I want to make sure that we
. acquire all of the railroad's interests, if any.
FOR YOUR INFORMATION
/ -1234 6
4r19
� E TS
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
- CERTTFIED " A REAL PROPERT]' LAW SPECTAT.IST BY THE MTNNL A STATE BAR ASSOCIATION
Willard Pellinen
May 2, 1992
Page two
Although the timing has not been specifically discussed, I would Pssume
that the plat would be scheduled for review by the planning commission
in June and approval the same month by the City Council. Preparation
of the plat is a City responsibility, but should be coordinated with
Erickson's through Everest Development, Ltd. The agreement calls for
a one lot plat rather than the use of a one lot description and adding
outlots.
I believe that is quite enough for now. Do not hesitate to contact Gary
Plotz, Jim Marka, John Rodeberg or myself with questions.
Best regards.
Very truly yours,
G. Barry Anderson
FOR THE FIRM
GBA;ga
cc: Plotz
Marka
Rodeberg
Mayor and Council
McGraw
0
No delinquent taxes and tr/afisfer entered; Certificate
of {teal Estate Value ( V) filed ( [� Owrad
CertiC ate o Real Estate Value No. � X10 7
County Auditor
by ��G /pia f / �GL[ -i L[
29.70
STATE DEED TAX DUE HEREON: $
Date: January 22 '1992
FOR VALUABLE CONSIDERATION, Farmers Elevator Association fka Farmers Co- operative
Elevator Association of Hutchinson, Minnesota ,a _corporation under the laws of
Minnesota , Grantor, hereby conveys and quitclaims to Citv of Hutchinson
a municipal corporation under the laws of Minnesota ' Grantee,
McLeod C , real property in
ounty, Minnesota, described as follows:
Beginning at a point 2 feet east of the northwest corner of Lot 1, Block 46 in the
North Half of the City of Hutchinson, Minnesota, thence in a southwesterly direction
115 feet along the western boundary line of the public highway connecting the Creamery
Bridge to Washington Avenue as now used; thence in a northwesterly direction to a
point in the east boundary line of Lot 1 in Block 47 in the North Half of the City
of Hutchinson which said point is 50 feet south of the northeast corner of said
Lot 1 of Block 47; thence North 50 feet to the northeast corner of said Lot 1 of
� Block 47 in the North Half of City of Hutchinson; thence East 841 feet to the
oint of beginning.
"The Seller certifies that the Seller does not know of any wells on the described real
property."
III more space Is needed continua on back)
together with all hereditaments and appurtenances belonging thereto.
_ FARMERS ELEVATOR ASSOCIATION fka Farmers
t ; = oo -o�er ve evator ssoc a on o r.
i; .;.;• _ C ;;: _ = By 2� c s n nta
Its ' Preside-dt
z 2 1 0. 7 0
By
_
STATE OF MINNESOTA Its
COUNTY OF McLeod ss.
The foregoing was acknowledged before me this day of 1992
by Dmig Kenning and '
the d n and '
of Farmers Elevator Aaaoci ^�ipn ,a corporation
under the laws of Minnesota , on behalf of the c orporation
TARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) n LI A�L �A J
R GrBY SIIG�I TURE OF PERSON TAKING ACKNOWLEDGMENT-
Tax Statamaota for the Taal PMPartr described In tWe Inetmmant aboNd
?' be not to (Include name and address of Graatea):
M7 Wmmnalcn Eapkm u:r b, 1P City of Hutchinson -
City Hall
-- -2 - 3 37 Washington Ave. W.
OFFICE OF COUNTY RECORDER
Mci.eod qty. Mnnesota 24454
1 hereby certify th g I thi Instrument was f In this ffice
for record 0 n i
on ' V . and recorded in Book S o 1 B
;. d 3RY• L 910 ff6 I c ° acorder
Verified ey
uwr
Irks %09t Grantor
Reed.
Return
Index
FOR YOUR INFORMATION
DAVID B.ARNOLO
• OAR) D. MCDOWELL
STEVEN A- ANDERSON
0 BARRY ANDERSON'
STEVEN s- HOOE
LAURA K. rBE'TLAI:D
DAVID A- BRUEOOEMAN?I
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLET
H1c H.RD 0. MCOEE
CATHRYN D. HEHER
A RNOLD & MCDOWELL
ATTORNEYS AT LAw
Bass CEDAR LASE ROAD
)`11NNEAPOLIS, *SINNESOTA 55416
(612) 545 - 9000
HN TOLL TREE 500 - 340-4545
rAX (618) 545-1795
May 13, 1992
William Moeller
Gislason Law Firm
One South State Street
P.O. Box 456
New Ulm, MN 56073
Re: Word of Life Christian Outreach
Your File No. 13774 -001
Our File No. 3188 -91193
m COLTSEL
K[LL1AM W. CAMERON
RAYMO. \'D C. LALLIEH
PAUL M.BEOICH
CHARLES 8. UA.LICIL[L"
501 SOUTH POURTH STREET
PRINCETON, MINNESOTA 53371
(612) 589
FAX (612) 509 -5508
101 PARE PLACE
HCTCHINSON, MINNESOTA 55350
(612) 504-75)5
TAX (612) 507-4096
`1 2� 1415 761 8
Q ,
NIAYIS92
RECE
Dear Bill:
As discussed during the course of our telephone conversation of
Tuesday, the City Council on Tuesday evening approved the agreement
between the city and your client with the changes requested by your
• client. Those changes were as follows:
1. Collection of the reference to purchase at a tax
forfeiture as sale;
2. Reduction of the interest rate to 7%;
3. Elimination of the reference to the due on sale clause.
Following amendment of the agreement, your client will be free to
sell the property to anyone and your client's successor in title
will be able to- assume the obligation.
I intend to revise the agreement on either Thursday or Friday and
mail it to you. Please have your client execute it and return it
to me along with the payments called for in the agreement prior to
May 26, 1992. I will then have the City Council approve the
executed draft and we will be able to close this particular matter.
Thank you for your cooperation. Best regards.
Very
G.SBarry Anderson
• GBA/pb
cc: Gary D..Plotz
Honorable Paul
L. Ackland
oCEIITIPIED AS A CIVIL TRIAL SPECIAL ST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIPIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
DAVID n. AJXOLD
•
Q. D. MCDMWX"
aTEVmf �. Axaraeax
o. z�ar Axnaa6ox•
STEVEN S. 500E
[A I. PEE V
DAVID A. BWUIMZ[
PADL D. DOVE-
JOSE" K. PA[ZWE
JAYEa OTLET
aICEAaD O. WORM
C TH2 D. 2ERER
May 11, 1992
ARNOLD & MCDOW
AIToRwxys AT LAw
5881 C EDAR L&xz ROAD
M INwzAPOI.ls, MiwsmsarA 3 5416 -149
(612) 545 -9000
x3. ToLL PURE boo - 343 -•6sa ty
PA ASM) w -1793 ^ �'
V
r
Mark McGraw C
831 Second Avenue S.N.
Hutchinson, MN 55350 ? ??
RE: Popcorn Stand
Our File No. 3188 -91185
Dear Mr. McGraw:
OF W"02L
IIILZLR M. CAx ERON
RA OFD C. LALLIER
PAM X. SEOICR
CHARLES a. CARx[c RAEL
SOI Room MI ff S TRE ET
PRMCE , xB[ MA 5Wn
(612)369 -2214
PAE (612) 369-]306
NN PARE P cr
aaxcaDreox, x[xxasorA �33�0
(612) 567 -75n
_-VAjqjgpt) 7 -5096
P"+
er
FOR YOUR INFORMATION
I have been asked by the City of Hutchinson, which, as you know,
is represented by this office, to write to you to remind you that
the franchise authorizing your popcorn stand will expire this
• month.
The stand should be removed as soon as possible. If you need some
additional time to make arrangements for the move, I am certain
that something can be worked out in that regard. You are reminded
that at the present time, no license exists for the operation of
the popcorn stand.
Please do not hesitate to contact me should you have questions or
problems with any of the foregoing. Ron did call me about this
matter a few weeks ago, and I am not clear as to whether or not-he
is representing you. On the assumption that he is, I am providing
him with a copy of this correspondence.
Best personal regards.
GBA /pb
cc: R. J. McGraw
Gary D. Plotz
Jim Marka
1u- lc :.o1
• CEHTIP[LD AS A C IL TALL SPECIALIST ST THE xIII. E A STATE EAR ARaocLT
"CEaTTPIID as A REAL PR0PM2TT LM SPECIALIST BY THE -0 —xSOTA ST RAW ASSOCLTIOx
C
January 28, 1992
Mr. Mark McGraw
831 Second Avenue S.W.
Hutchinson, MN 55350
Dear Mr. McGraw:
I am writing regarding your application for a 1992 popcorn stand
permit.
On January 14, 1992 the City Council unanimously voted to deny a
permit based on the fact that the 10 -year franchise with the City
will expire May 1992.
It was the consensus of the Council that they would like the •
popcorn stand removed from the public property of Library Square
upon expiration of the franchise. We would appreciate your com-
pliance to this request by removing the structure by the end of
May, 1992.
Sincerely,
CITY OF HUTCHINSON
I
Gary D. Plotz
City Administrator
GDP:mjs
cc: Mayor & Council _
Jim Marka, Bldg. Official
G. Barry Anderson, City Atty.
City Hall Parks & Recreation Police Department
37 iVashington Avenue It'est 900 Harrington Street 10 Franklin Street South
(612) 557 -5151 (612) 557 -2975 (612) 5S7 -2242
Hutchinson, Minnesota 55350
- Pri,I ed on W= 1,e!ed paper .
•
DAVID B.ABNOLD
• GARY D. M CDOWELI.
STEVEN A. ANDERSON
O. HARRY ANDERSON
STEVEN S -BOOK
LAURA K. PRETLAND
DAVID A. HHUEOOEM -
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O. WOEE
CATBRYN D. HEUER
•
May 11, 1992
Gary D. Plotz
Hutchinson City Administrator
Hutchinson City Hall
37 Washington Avenue West
Hutchinson, MN 55350
Re: Bradley Nelson v. City of Hutchinson, et al
Our File No. 3244 -90033
Dear Gary:
r y992
'
\o� ...... ............ ..
Please pass this letter along to Marilyn for inclusion in the next
council packet on a "for your information" basis.
Please be advised that the city has been dismissed as a defendant
in the above entitled matter on a voluntary basis. The city's
involvement was minimal to begin with, and I will say this is one
instance in which the league trust and its attorneys were helpful
in minimizing city involvement and ultimately securing the
dismissal of the city from the litigation.
We will be closing our file at the present time since no further
action is anticipated. Please do not hesitate to contact me if you
have any questions in connection with this matter.
Best regards.
Very truly yours
ARNOLD OW ]
G. B ry Anderson
GBA /pb
AANOLD & MCDOWELL
ATTORNEYS AT LAW
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 5541C - 149 2
(612) 545 -9000
MN TOLL FREE 600- 343 -4543
FAx (61Y) 545 -1793
OP COUNSEL
WILLIAM W. CAMERON
RAYMOND C. I.ALI.I ER
PAUL M.BEGICH
CHARLES R.CARMICHAEL "
501 SOUTH FOURTH STREET
PHTNCETON, MINNESOTA 55371
(612)3H9 -2214
FA (612) 389 -5506
101 PARE PLACE
HUTCHINSON, MINNESOTA 55350
(612) 567 -7575
FAX 612) 567 -4096
FOR YOUR INFORMATIOR
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MlNd SOTA STATE BAH ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MTNNESOTA STATE BAR ASSOCIATION
ARNOLD & McDOti ELL
ATTORNEYS AT L-kw
101 PARS PLACE
HUTCHINSON, MINNESOTA 55350 -2563
16121567 -7573
PAR (612) 567 -4096
RESIDENT ATTORNEY'
G BARRY ANDERSON
Of CO CN9C1
W3 LLf iY W, CAMERON
RAYMOND C. L. 1 LIER
PAIL M.BEGICH
CHARLES R CARHICHAEL"
50HI CEDAR LAYE ROAD
MINNEAPOLIS, MINN 55416
1612 545 -9000
MN TOLL FREE BOO- 34:1 -454•.
FAR w2) 545 -1793
501 SOUTH EOL - RTH STREET
PRINCETON. MI`NESOTA 5]371
1612 309 -2214
FAX 16121 309 -5506
FOR YOUR INFORMATION
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
Re: Hutch, Inc.
Our File No. 3188 - 90149 \ - --
Dear Gary:
I thought I would bring you up to date on the status of this
• matter. I had a telephone conversation with Paul Zerby (297- 5931) .
Mr. Zerby is associated with the licensing division for mobile home
parks for the State of Minnesota.
He advises me that the administrative law judge assigned to this
file has signed the Order revoking the license of Hutch, Inc.
At this point, the State generally takes one of two approaches.
The first is to require the mobile home park to abate his park
operation. This approach is unattractive and usually not followed
by the State of Minnesota absent very serious health problems
because obviously it is a major hardship to the owners of the
mobile homes located in the park. Finding a new residence of those
mobile homes is not always an easy task.
The second possibility is to combine forces with the City of
Hutchinson, appoint a receiver to collect the rents and in general
administer park operation. Under these circumstances, usually the
local government acts as the receiver, although other arrangements
are possible.
He also mentioned that it is at least occasionally helpful to have
a park association involved, but in this case, I do not believe
there is such an association. He did mention a group known as "All
Parks Alliance for Change," as another possibility for involvement
in this case.
r1
U
'CERTIFIED AS A CIVIL TRIAL SPECIAT ST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCLATION
nwvin B. ARNOLD
• OARY
D M D D E
srEVex a ENNV eaS oN
G BARRY ANDERSON'
STEVEN 5 HOLE
LAURA a FRETLAND
DAVID A BRLEOGEM -N\
PALL D DOVE"
JOSEPH M PAIEMEN - T
.TAMES UTLEY
RICHARD O. MCGEE
TIMOTHY K FAFINSEI
MARY E. HORROCES
CATHRYN D RERER
May 1, 1992
ARNOLD & McDOti ELL
ATTORNEYS AT L-kw
101 PARS PLACE
HUTCHINSON, MINNESOTA 55350 -2563
16121567 -7573
PAR (612) 567 -4096
RESIDENT ATTORNEY'
G BARRY ANDERSON
Of CO CN9C1
W3 LLf iY W, CAMERON
RAYMOND C. L. 1 LIER
PAIL M.BEGICH
CHARLES R CARHICHAEL"
50HI CEDAR LAYE ROAD
MINNEAPOLIS, MINN 55416
1612 545 -9000
MN TOLL FREE BOO- 34:1 -454•.
FAR w2) 545 -1793
501 SOUTH EOL - RTH STREET
PRINCETON. MI`NESOTA 5]371
1612 309 -2214
FAX 16121 309 -5506
FOR YOUR INFORMATION
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
Re: Hutch, Inc.
Our File No. 3188 - 90149 \ - --
Dear Gary:
I thought I would bring you up to date on the status of this
• matter. I had a telephone conversation with Paul Zerby (297- 5931) .
Mr. Zerby is associated with the licensing division for mobile home
parks for the State of Minnesota.
He advises me that the administrative law judge assigned to this
file has signed the Order revoking the license of Hutch, Inc.
At this point, the State generally takes one of two approaches.
The first is to require the mobile home park to abate his park
operation. This approach is unattractive and usually not followed
by the State of Minnesota absent very serious health problems
because obviously it is a major hardship to the owners of the
mobile homes located in the park. Finding a new residence of those
mobile homes is not always an easy task.
The second possibility is to combine forces with the City of
Hutchinson, appoint a receiver to collect the rents and in general
administer park operation. Under these circumstances, usually the
local government acts as the receiver, although other arrangements
are possible.
He also mentioned that it is at least occasionally helpful to have
a park association involved, but in this case, I do not believe
there is such an association. He did mention a group known as "All
Parks Alliance for Change," as another possibility for involvement
in this case.
r1
U
'CERTIFIED AS A CIVIL TRIAL SPECIAT ST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCLATION
Mr. Gary D. Plotz
May 1, 1992
Page 2
No action by the City o
will keep you posted on
information be provided
basis.
Thank you.
Very "
ARNOL
G. Ba
GBA:lm
f Hutchinson is required at this time. I
all developments. I would suggest this
to the Council on a for your information
•
•
•
j • 4/23/92 HUTCHINSON TIES COMMISSION PAGE 1
NCH 31, 199 � C' YOUR I���ATION
c I� - __ -- - - - -- -- -- - -- - - - -- -- - - -- - -- - - -�
TOTAL w•• w '
,
ASSETS
• UTILITY PLANT - AT COST
7 • LAND 6 LAND RIGHTS 790,012.25 ,
• _ _ _ _. _ _ __ _ _ DEPRECIABLE UTILITY_ PLANT _ _— — _ - _.- _ __ 26,718,251.64
TOTAL UTILITY PLANT 27,508,263.69
• LESS ACCUMULATED DEPRECIATION _.. (14,219,310.24)
u TOTAL ACCUMULATED DEPRECIATION (14,219,310.24)
CONSTRUCTION IN PROGRESS . . _ . _ - _ _ _ -- _ _ _ 1, 471, 115.37
" TOTAL CONSTRUCTION IN PROGRESS 1,471,115.37
- _TOTAL UTILITY PLANT DEPREC_VALUE _.. -.. _..- . _._. .14,760,069.02___
" RESTRICTED FUNDS 6 ACCOUNTS
• FUTURE EXPANSION 8 DEVELOPMENT 6,353,000.00
'• INVESTMENT - GAS RESERVES 1,569,500.00 -
)_" MEDICAL INSURANCE 100,000.00 -
" BOND A INTEREST PAYMENT 1986 - ____. _ -_ -__ - .248,876.49
1986 BOND RESERVE 392,000.00
` CATASTROPHIC FAILURE FUND 750,000.00
• _____- _. TOTAL RESTRICTED _ FUNDS 6 ACCOUNTS _ _ - 9,413,376.49
+. CURRENT 6 ACCRUED ASSETS - 'f•.
CASH IN BANK __. 2,511,398.74
INVESTMENTS 6 SAVINGS ACCOUNTS 81,954.18
ACCOUNTS RECEIVABLE 1,530,245.15 �)
INVENTORIES _ _ _ 55i,769.B4 e.
PREPAID INSURANCE 47.516.80
ACCRUED INTEREST RECEIVABLE 194,636.61 1 7 7 1 "
TREASURY BILL DISCOUNT _ __35,401.33 ______ " -
TOTAL CURRENT 6 ACCRUED ASSETS 4,972,924.85
�• y
nFFFRacn rHARCC c'
BOND DISCOUNT 1986
TOTAL DEFERRED CHARGE
M
TOTAL ASSETS
a
� d
p]
46,323.91
48,323.91
29, 194, 694.27 F
C'
f _
•
� n 4/23/92 HUTCHINSON UTILITIES COMMISSION PAGE 2
�• SAL SHEET •
7 MAR031, 1992
-
Y - ' TOTAL MUNICIPAL EQUITY 6 LIAB - - 29,194,694.27
d
5:
e
k `n
I
• • r TOTAL. • r r •
. '
'
MUNICIPAL EQUITY & LIABILITIES - -.
MUNICIPAL EQUITY
� 7
'
MUNICIPAL EOUI7Y
23, 392, OB8.94
�
'
UNAPPROPRIATED RETAINED EARNINGS - _
- - 640,422,22 -- ---
CONTRIBUTION TO CITY
(156,250.00)
- --
TOTAL MUNICIPAL EQUITY
25,876,261.16
LONG TERM LIABILITIES-NET OF
_ -LIABILITIES-NET
MATURITIES
1986 BONS -_ _ _ _ - -_
2,165,900.00
TOTAL LONG TERM LIABILITIES
_
2,165,000.00
.-
CONSTR CONTRACTS & ACCT5 PAY RETAIN_.n_._. -__
TOTAL CONSTRUCTION 8 ACCTS PAY
.00
-
CURRENT 6 ACCRUED LIABILITIES
NOTE PAYABLE -LEASE PAYABLE
1,517.28
- --
��•'
ACCOUNTS PAYABLE
876,719.44
,
_
INTEREST ACCRUED _ _ __. _
_. _ -._ _.. 36,414.91
-
ACCRUED PAYROLL
37,831.58
=-
''
ACCRUED VACATION PAYABLE
109,467.46
-
(
ACCRUED MEDICAL FUND -
37,331.99
-
P'�
CUSTOMER DEPOSITS
55,232.86
_
':
OTHER CURRENT 6 ACCRUED LIABILITIES
(1,082.41)
-
- -
TOTAL CURRENT 6 ACCRUED LIAR
.._._ -.1. l53, 433.11
.
-
Y - ' TOTAL MUNICIPAL EQUITY 6 LIAB - - 29,194,694.27
d
5:
e
k `n
I
4/23/92 HUTCHINSON UTILITIES COMMISSION PAGE 1
HUTCHI MINNESOTA
STATEMENT O
R 3 OME 6 EXPENSES
MA 1, 1992 F OR YOUR ARNIATION
PREVIOUS CURRENT BUDGETED BUDGET ANNUAL
1 + YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGET
______________ ------------ —
INCOME STATEMENT 1
ke
__OPERATING REVENUE
SALES — ELECTRIC ENERGY 2,355,681.39 2,317,894.90 2,397,370.00 (79,675.10) 9,507,800.00
L SALES FOR RESALE 30.00 90.00 .00 90.00 5,000.00
I _ NET INCOME FROM OTHER SOURCES 13,992.24 16,229.67 2,828.69 13,400.98 38,461.54
f� SECURITY LIGHTS 3,234.00 3,205.00 3,750.00 (345.00) 13,000.00
POLE RENTAL .00 .00 .00 .00 4,000.00
SALES — GAS _ _ 1,769,131.45 _ 1,286,306.11 _ _1,305,000.00 (!8,493.89) 4,500,000.00
' TOTAL OPERATING REVENUE 4,144,069.28 3,623,925.68 3,709,148.69 (83,223.01) 14,070,261.54 -
� 1
51 OPERATING EXPENSES
PRODUCTION OPERATION 139,772.14 131,706.98 136,815.00 5,108.02 605,800.00 --
iP_'' PRODUCTION MAINTENANCE 26,303.24 164,452.64 157,401.00 (7,051.64) 263,200.00
PURCHASED POWER 1,308,097.71 1,245,849.59 1,307,181.24 61,331.65 4,841,412.00
TRANSMISSION OPERATION 79.45 45.03 45.00 (.05) 3,800.00
JI TRANSMISSION MAINTENANCE 7,592.44 7,444.92 7,840.00 395.08 53,000.00 _
--_-ELECTRIC DISTRIBUTION OPERATION 42,921.06 _ 41,987.23 42,900.00 912.77 163,530.00
ELECTRIC DISTRIBUTION MAINTENANCE 38,339.59 48,781.66 39,186.00 (9 110,200.00
'I MFG GAS PRODUCTION OPERATION 1,363.91 682.75 721.00 38.23 3,200.00 -
_____ MFG GAS PRODUCTION MAINTENANCE _ 100.31 _ _ 29.52 200.00 170.48 500.00
PURCHASED GAS EXPENSE 1,189,419.11 955,090.15 950,707.20 (4,382.95) 4,090,240.00
' GAS DISTRIBUTION OPERATION 45,434.12 46,845.61 44,962.20 (1,883.41) 177,780.00
GAS DISTRIBUTION MAINTENANCE _ __. 9.719.76 1i,700.86 8,243.00 (3,457.86) _ 50,500.00
_! CUSTOMER EXPENSES 29,791.72 33,85i.24 32,959.00 (892.24) 123.800 00
! 7 CUSTOMER SERVICES 4,630.60 5,329.99 4,671.00 (658.99) 17,300 00
--ADMINISTRATIVE 6 GENERAL EXPENSES _ _ 283,428.95 281,401.15 272,418.00 _ (8,983.13) _ 989,560.00
DEPRECIATION iB1,297.68 186,000.00 106,000.00 .00 744,000 00 L:
)'!'I TOTAL OPERATING EXPENSES 3,308,291.79 3,161,199.34 3,192,249.64 31,050.30 12,239,842.00 — .
OPERATING INCOME 835,777.49 462,726.34 316,899.05 (34,172.71) 1,830,419.34 F
_— _OTHER INCOME _ ... _
OTHER —NET 19,073.50 17, 19B.Z4 1,833.00 15,663.21 9,000.00
INTEREST INCOME 244,216.86 154,603.41 150,259.09 4,344.32 883,877.00
_._ MIBC INCOME 896.83 4,344.46 _ 5,941.00 (1,396.54) 43,700.00 ^�
�^ MISC INCOME — GAS .00 43,114.23 _... .. .00 43.114.25 - — _. .00
TOTAL OTHER INCOME 264,189.21 219,560.36 158,035.09 61,325.27 938,377.00
" OTHER EXPENSES
MISC EXPENSES 1.504.66 13,173.48 11630.00 (13,323.48) 34,000.00
INTEREST EXPENSE 34,698.00 26,691.00 _. ------ 27,746.88 1.055.88 114,287.50
)�! TOTAL OTHER EXPENSES 36,202.66 41,864.48 29,396.88 (12,467.60) _ 148,287.30
NON — OPERATING INCOME 227,986.55 177.693.88 128,638.21 49,057.67 790,269.50
1
"! NET INCOME 1,063,764.04 640,422.22 645,537.26 (5,113.04) 2,620,709.04
C _
Liquor Store Comparison
103 tN sf
It FU•D
, . .. •' . • •.' •
El2fNDITVAE fVID[l {NE
as Y 6/92
{0.164 •ASE
BJOt 411./.2 1414
3,615.00 0
. _ ._-
- 1,909.11 _ -- {
- 1
S6
_
Ptl:faT SF
f-At j7C
A:COvNf
DEfCl1►TIOM
- CYRItEmr__
_ ACTUAL
_ 4CTWL
BOGY - ACT
BUDGET
THIS -BOMTH
_
Yf 4A- 70 - OAT E
_
DIFFERtuce
OCT
•• 7• ll'A4A♦
• lAr PL
•. 7rAl .
-
- - '-
- -
5l_ ">
SALARI'A v:. A.'$
QJ0.0VA.04
71.1 6.16
115,11S.47
•1..•14.07
).
4114
VEILTX Ir1Un.%Cl
2A, aY0.OJ
2. 1T•.Bi
•�71S.H
17, .1•. Ji
7S
5,2.
4.ALTX IriUAE. \C: J °iJ'IC'I `L
4,140.7.
I,Y/L 71
1.417.50
J. 122. •7
ll
4 . S.
.
1 3TlQi•E Yf 1451IwA ♦CE
107 ,7.7,04
4.97 r.J1
R.2o.93
36.314..1
1.
IIIAL
PE iSIIY(CIS
3. D6•. 9. 7,69
_10, 624.
301,176.30
701.871. SO
!1
• .IJ 9 4fi•IALS
1:15
\1145 - AJul
112, 7DO.OJ
4.4S1.d
..
LS.fI 0090
- [.,179.1•
2!
S:1.
SJ]AS - CXILDA'r
30,940.00
[00077
.
.!24.
- 7 ,)1)1 •
tl. >]•.N
24
>
S..
, .,FE •E'6'
--
_ __
f 1 T 75
1f
4
S1.
h•11 %
r4 rC Aa5
LG.750.00
421.01
18.371.92
_5,40
-
1"5
•AMP4L51]
100.01
- If. lO
19.70
24J.50
/
522-
O.I1IA LL•AtY 4AI$AIAL; ---
-- _0.9.7. PO
_alQ.i7
1,/40,71
1 at
IF
S314
a4Yi ]:. Lt "A'T AW.IAL!
1..)
129.47
__
116.71 -
.. 1.129. i)
i9 _.-
497,
FAr41JQ GIFT RAI'LIAI.
2.8.9.00
.84.09
2,294.11
17..69
N
- S932
CAIJ•: VA 0,1411 L14AAAY .AT01•s.
_ - -960, S4e.OJ
7.•77. 07 -
- - 8,4 W.if
12.1.1.71
11
12 a3
•JrTF TIJEJ AWRrALS
12,056.00
106.40
_
'7,210. I1
9.647.69 1
U . -- --
St•>
3>1N FIL'>
2.010. SO
.DO
.00
9.4
0
T1 4c0
3.000.00 _
_ -_ _ 970. q
al 1.69
J6.414.01
1
6. SJ
4250
OLS6s
AJ010 olds ANO st•
400.51)
264.17
407.67 -
' 7.67-
let - - -
SL6J
SLI;'3 $ILA St t/rs
250.00
.UO
jso.40
0
1.63
•1[014• AS
ms
_)Qy Bp
.- ..
__- .00
.00
)y
JOE.>0
6_
lA TO
• TOTAL
41 rJING
MAIEAIALS
1,000.00
---
.00
- -1St _�
.00 _
-_
1.000.00
0
237.379.00
11,1{7.14
16.220.44
1&3.178.56
21
• 124 [. Y.
5310 ACL: A%J 0TH'A C4A•.
S32J C0N VErJ7A :44 \;!5
• TOTAL CATALOGING
• 13J Vc45CL5;
11 OFEAAIIJN l.] 4AINTt4"C=
&163 I1104N.E
SJT. 1 A1ATj1:TlnU
• 377 &L VEHICLES
• 14U CJ•AUXI:ATTJY
641. fit"AOyF LS0 LI "i GMA tJ'S
Sat. T041N11 AAlrf - NA10E
5110 •USIA&! AND SNIP' 1424
• IIIAL C149UNICAr10N
• ISO f.UIPMFIT
645, 4EV EJUIPAENr
6.SJ A/V FJUIPAENr
167. 'A1NT -4-wes AAD CJYT&ACIS
• TOTAL EQUIPMENT
• 314 IT
5505
•500
"I.
1>I>
1-zJ
15z>
ASh
6> y
4141
S>SV
S >S>
b %
4 IL
• ref L
$.4
CJSPICIIAL SW ILI'; lYJ t]Uf PSifl
CUSIDUTAL SERVIC'S - A 10,WIDEO.
Su P.t.Ei AYU P
'a]I9FIJr4L Ay. •l..•.•A:NS
6 114•{' Af.J •t'IfASS
•11. GAG' 41.n 9 k -IINS5 - Ta V31'ES
•AAF. 9 E%3- ASXIJS (14y STIES)
I.NSJ \AN.1
'JS A, LLOd YJTIC.A
S.i `Ar.•P 1'.
"W 141014. 111114. , I DIC> T I ]N
SJ4JLAt;HIP FUVJ
rJV14. EtP'NSc - UTAFC%.
OTHER
• 170 SP':TAL
5614 SL'.CJ' •ATF4.S, 1.61
6a2J GVL
•411 LJC_l '.UI•AE4'
f.V SFAI' SAL_S T"
• TOT &L SPECIAL
•• 13FAL LIBRARY
••• FINAL TOTALS 41 ACCOUNT&
4.r . 9C'l LI77 ON IAMD 4/70/92 $91,470.0!
.00 _Q JQ y 00 9 17 B.SVD
16.040,'70 9.217.86 12.066.91 IS.113.04
47. SIZI'6.64 - IT .366. 92 - 22.241.04
46
49
H
- -_1.. SVO �Or --- 1
1J 64 __ 4
4. g0.f1 -
1.77919 _
)!
3,615.00 0
00 -
- 1,909.11 _ -- {
- 1
S6
1
_-
J
U
01 FUND
REVENUE GUIDELINE
AS OF 4/92
EOD: 5/01192 15:30 =33
LIBRARY
- - PERCENT OF
YEAR 31%
ACCO' ( DESCRIPTION
CURRENT
ACTUAL
ACTUAL
SOOT - ACT
_
_
6UDGEY -
THIS -MONTH __
_ YEAR =TO -DATE
DIFFERENCE
PCT
••
01 LIBRARY
•
010 AtCE1PT5
5100 RESEAV!
32.339.00
.00
.00
32.339.00
O
5101 BASIC STATE /FEDERAL AID
.00
104.090.00
288.771.00
26
_ _
5110 BIG STONE COUNTY'
_)92,851.00
22.971.00 _
___ 5-713.25
11.406.50
11.406.50
SO
5115 CHIPPEWA COUNTY
77.339.00
23.894.25
47.708.50
29.550.50
62
5120 KANDIYOHI COUNTY
29.070.00
59.740.00
64.750.00
48
5121 LAC OUI PARLE COUNTY -
__124,490.00_
31.673.00
_
7.918.25
15,836.SO
15.836.50
SO
5125 MC LEDO COUNTY
78.944.00
.00
59.106.00
19.736.00
75
5130 MEEKER COUNTY
36.703.00
36.701.00
SO
5132 RSNVILLE COUNTY
_73,406.00__
62.048.00
_18.351.50
15.512.00
_
27.702.00
34.346.00
45
5135 SWIFT COUNTY
35.942.00
.00
8.985.50
26.956.50
25
5137 YELLOW MEDICINE COUNTY
38,351.00
.00
6.301.00
32.OS6.00
16
_
5140 APPLETON
9.677.00 .
____
_ _ 3,419.25
_ 4.810.50
4.838.50
50
S145 BENSON
19.353.00
4.636.25
9.676.50
9.676.50
50
5148 FAIRFAX
9
2.462.00
4.964.00
4.964.00
50
'
5150 GLENCOE
_
20.6T1. -- 1.219.25
14.410.50
14.438.50
SO
5155 GRACEV(LLE
4.030.00
.00
2.015.00
2.015.00
SO
5151 GRANITE FALLS
21.310.00
11.655.00
11.655.00
50
5160 HUTCHINSON
_ __
'63.05).00
__ _5.627.50 ___
.00
15.763.25
47.289.75
25
5165 KERKHOVEM
4.148.00
1.037.00
2.074.00
2.074.00
SO
5170 LITCHFIELD
44.991.00
11.247.75
22.495.50
22.495.50
50
5171 OLIVIA
___
22.337.00
_
- .00
11,168.50
11.168.50
SO
5175 ORTONVILLE
13.300.00
.00
6.650.00
6.650.00
50
51dO WILLMAR
101.856.00_
.00
76,392.00
2S.464.00
75
5105 BIRD ISLAND
9.926.00
_ _
_ _ .00
4.964.00
4.964.00
50
5190 DAWSON
13,148.00
3.267.00
6.574.00
6.574.00
SO
5195 HECTOR __ __
S200 MADISUN
8,687.00
'14.940.00
2.171.7s
- 3,135 00 __
_4.343.50
7.470.00
4.343.SO
7.470.00
50
SB
5105 RENVILLE
11.169.00
.00
0.376.75
2.792.25
75
5410 CASH RECEIPTS L SALES TAR
700.51
11.925.96
36.074.02
24
�'•
_ __
5420 GIFTS -
_SO
1,000:00'
192.90 192.90 _._
2.607.10
6
pi
5430 INTEREST
6.500.00
320.49
11,356.11
6,856.11-
205
•
•
TOTAL RECEIPTS
11432,394.00_
^ 146,767.90
617.164.99
815.429.01
43
,
•
1420 RE[MRUSEME HfS (LOCAL GOVERNMENT) '
5601 REIMBURSEMENTS- CMIPPEWA COUNTY(PEASD)INEL
-- 18.2]6.00
.00 - --
17.000.00
3.236.00
82
5825 REIMBURSEMENTS - OLIVIA (MATERIALS ONLY)
2.679.00
.00
3.789.09
910.09-
132
5830 REIMBURSEMENTS - BENSON (MATERIALS _ONLY)__
00
1.500.00
.00
100
,
$840 REIMS - CHIPPEWA COUNTY (MATERIALS ONLY)
_1,300.00
Z 5.000.00
__.
.00 -
_ - 250.00
14.750.00
2
5850 REIMS - MONTEVIDEO (MATERIALS ONLY)
10.000.00
.00
5.002.50
4.997.50
50
•
TOTAL REINSUSEMENTS (LOCAL GOVERNMENT)
47,617.00_
_ _ .00
25.541.59
22.073.41
54
•
030 OTHER REIMBURSEMENTS
__
5670 OTHER REIMBURSEMENTS
_
- 3,5666$ - --
__ __
20.16 --
1,047.21
2.452.79
30
•
TOTAL OTHER REIMBURSEMENTS
3,500.00
20.16
1.047.21
2,452.79
30
•
050 OTHER FUNDS
5905 AUTOMATION FUND
- .O D
- -- ^ 1.400.00 -'
10.161.30
10.163.50-
0
5910 GLENCOE FUND
.00
.00
100.00
100.00-
0
5920 KCWL
-
_ 1
9T4.77
5.524.77
524.77-
110
5925 LOCAL EOUIPMENT C MISCELLANEOUS
6.000.00
_ _
.00
__
.00
6,000.00
0
•
, TOTAL OTHER FUNDS
11.000.00
2.374.77
15.788.27
4.768.27-
144
••
TOTAL LIBRARY
1,494,711.00
149,162.83
659.542.06
835,168.94
44
•••
FINAL TOTALS 41 ACCOUNTS
1.494.711.00
149.162.83
659,542.06
833.160.94
44
Hutchinson Community Development Corporation
Board of Directors
Friday, April 3, 1992
Chamber Meeting Room
Directors Present
James Bullard - Chairman
Bill Craig
Phil Graves
Larry Graf
Carol Haukos
Larry Fraser
Others Present
John Bernhagen -Exec Director
MINUTES
The meeting was called to order by Chairman Bullard.
Motion was made by Haukos, seconded by Fraser and carried to
approve the minutes of March 6, 1992.
The monthly reports were not available as yet for the treasurer's
report.
Bullard and Bernhagen reported on interest shown regarding a"
housing project by various parties. The City is interested in
. finding a way to help finance some of the accrued assessment on
lots SW of the First Bank of Minnesota in the SW part of the city.
There will be further discussions on this.
The board reviewed a new job description for the Executive Director
as well as a list of ongoing duties. The remainder of the monthly
meeting centered around the filling of the position of Executive
Director and the potential of sharing duties with other agencies in
the community. Chairman Bullard appointed a selection committee to
report back at the May 1 board meeting. Carol Haukos - Chair, Phil
Graves and Larry Graf were appointed to the committee.
There being no further business, the meeting was adjourned
..
J
r
x
