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cp02-13-1992 cvr C i I Y C LEND;?,R . V1EEK 0 Febniary Q '; Q February 15 10 Jvev�L1 —i 2 -9- t — LS D -12- LINCOLN'S BIRTHDAY 10:00 A.M. - Directors Muuting at City ]all �' Love V ? d V-', �� you! THURSDAY -13- 5:30 P.M. - Joint Meeting of Ci Council & Directors for Annual Reports 7:30 P.M. - City Council Meet at City Hall dl ti :V yr -10- 6:30 P.M. - Joint Meeting of City Council & HCDC Board at Victorian Inn (Windsor Room) 7:30 P.M. - Joint Meeting of City Council & Count Commissioners /Offici at Victorian Inn (Windsor Room) FRIDAY -14- VALENTINE'S DAY 0 Ch 1� 7:00 P.M. - Gov. Arne Carlson's State of the State is Address at 11TC ('ASS REQUIRED) -15- STEVE MADSON - Feb.. 13 -15 11,.ZEL S1TZ - Feb. 10 -14 rt AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL THURSDAY, FEBRUARY 13, 1992 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Gregory Deiss, Hutchinson Baptist Church 3. Consideration of Minutes Regular Meeting of January 28, 1992 Action - Approve as distributed - Approve as amended (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - January 1992 2. Park & Recreation Board Minutes - December 18, 1991 3. Airport Commission Minutes - January 27, 1992 • (b) Renewal of Club Liquor Licenses 1. Crow River Country Club 3. V.F.W. 2. Elks (c) Appointments to Refuse Contract Committee Action - Motion to order report and minutes filed, issue licenses and ratify appointments 5. Public Hearing (a) Bluff Street Bridge Over Crow River Action - Motion to close hearing - Motion to reject - Motion to approve replacement - Motion to waive reading and adopt Resolution No. 9657 6. Communications Requests And Petitions (a) Request By Police Chief to Attend Out -of -State FBI National Academy Conference April 26 -29, 1992 Action - Motion to reject - Motion to approve • CITY COUNCIL AGENDA - FEBRUARY 13, 1992 (a) Resolution No. 9658 - Resolution Establishing Location For Traffic Control Device Action - Motion to reject - Motion to waive reading and adopt (b) Resolution No. 9659 - Resolution Establishing Location For Traffic Control Device Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9660 - Resolution Of Affirmation By The City Of Hutchinson To Continue As A "Star City" For The Purpose Of Economic Development Action - Motion to rejecdt - Motion to waive reading and adopt Is (d) Ordinance No. 92 -51 - An Ordinance Of The City Of Hutchinson, Minnesota, Changing The Boundaries Of Election Precincts And Adopted By Reference City Code • Chapter 1 And Section 2.99 Which, Among Other Things, Contain Penalty Provisions Action - Motion to reject - Motion to waive second reading and adopt (e) Ordinance No. 92 -52 - An Ordinance Of The City Of Hutchinson, Minnesota, Amending City Code Section 6.22 Dealing With Peddlers, Solicitors And Transient Merchants And Adopting By Reference City Code Chapter 1 And Section 2.99 Which, Among Other Things, Contain Penalty Provisions Action - Motion to reject - Motion to waive second reading and adopt (f) Ordinance No. 92 -53 - Zoning Ordinance No. 464, 2nd Series Action - Motion to reject - Motion to waive second reading and adopt 0 is 0 CITY COUNCIL AGENDA - FEBRUARY 13, 1992 8. Unfinished Business (a) Hutch, Inc. - Country Club Terrace Mobile Home Park 1. Temporary Evacuation Plan 2. Plans And Specifications for Permanent Storm Shelter 3. Construction Schedule for Shelter Action - 9. New Business (a) Consideration of Award of Surface Water Management Plan Consultant Contract Action - Motion to approve - Motion to reject (b) Consideration of Entering Into Agreement with Dakota Rail for Phase II Downtown Redevelopment • Action - Motion to reject - Motion to approve and enter into contract (c) Consideration of Entering Into Development Agreement with Erickson's Diversified Corporation for Phase II Downtown Redevelopment Action - Motion to reject - Motion to approve and enter into contract (d) Consideration of Entering Into Exchange Agreement with Erickson's Diversified Corporation for Phase II Downtown Redevelopment Action - Motion to reject - Motion to approve and enter into contract (e) Consideration of Entering Into Purchase Agreement with Erickson's Diversified Corporation for Phase II Downtown Redevelopment Action - Motion to reject - Motion to approve and enter into contract • 3 CITY COUNCIL AGENDA - FEBRUARY 13, 1992 (f) Consideration of Permanent Part -Time Secretarial Position In Building Department Action - Motion to reject - Motion to approve 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 • 0 4 • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JANUARY 28, 1992 1. The meeting was called to order at 7:30 P.M. by Vice - President Mlinar. The following were present: Vice - President John Mlinar, Councilmen Craig Lenz, Marlin Torgerson and Don Erick- son. Mayor Paul L. Ackland arrived at 7:50 P.M. Also pres- ent: City Administrator Gary D. Plotz, City Engineer John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Jim Hall. 3. MINUTES The minutes of tha regular meeting of January 14, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS • 1. FINANCIAL REPORT - DECEMBER 1991 2. PLANNING COMMISSION MINUTES DECEMBER 17-,==2991 (b) APPOINTMENTS TO SENIOR ADVISORY BOARD 1. CELIA ZIEMER 2. LORETTA PISHNEY 3. MILDRED JENSEN The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to ratify the appointments. 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 1, PROJECT NO. 92 -01, 92 -03 & 92 -04 Mayor Ackland called the hearing to order at 8:00 P.M. and read Publication No. 4337 regarding Letting No. 1. 1. PROJECT NO, 92 -01 -- ROBERTS ROAD Engineer Rodeberg reviewed the project and the pro- posed assessment costs of approximately $150 per • parcel. 51 CITY COUNCIL MINUTES - JANUARY 28, 1992 • Mr. Ron Carlson, 540 Graham Street, inquired about the assessment on Graham and asked if there would be a sewer going down the middle of Betker's lot. The City Engineer responded affirmatively and stated Roberts Road costs would be mostly covered by state aid funds. It was designated a state aid road because of the high traffic volume. The new street surface should last about 30 years. He commented there were few lots along the stretch, and only seven properties were assessable. The assessment cost for residents would be based on a residential street. The commercial and industrial lots would be assessed a higher rate. The City would try to schedule the project immediately after school ends for summer vacation. Mr. Clinton Gruett, 1114 Roberts Road, objected to the way the streets were assessed. He thought the City should look at a different way of paying for the streets since everyone uses the streets in town. Mr. Gruett suggested the developer pay for the first time, and then the tax payers pay for all the streets in the City. The City could use a bond • for street maintenance. He didn_t__thi[1k At was fair that a person had:to,pay.for_ the street ,.in front of his /her property:_,-. - Engineer Rodeberg responded the City can not afford to bond for all improvements due to bonding limits. He stated there were other financing methods to consider, but noted that all residents now pay only a portion for the costs to reconstruct streets. Attorney Anderson commented the State forces things on the City because of levy limitations. Mayor Ackland reported that about 25 years ago the special assessments were spread out over the entire City. Then the City Council changed the policy be- cause it was financially unfeasible to continue in that manner. 2. PROJECT NO. 92- 03-- PRIEBE ADDITION No one was present to be heard on Project No. 92 -03. • 2 • CITY COUNCIL MINUTES - JANUARY 28, 1992 No one was present to be heard on Project No. 92 -04. Councilman Mlinar moved to close the hearing at 8:28 P.M. Motion seconded by Councilman Torgerson and unanimously carried. The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve and order plans and specifications and to waive reading and adopt Resolution No. 9656. 6. COMMUNICATIONS REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 9653 - RESOLUTION TRANSFERRING $23,000 FROM THE GENERAL FUND TO THE YOUTH CENTER SPECIAL REVENUE FUND 0 The motion was made by Councilman Lenz, seconded by Coun- cilman Erickson and unanimously carried; ^to waive reading and adopt. (b) RESOLUTION NO. 9654 - RESOLUTION SUBSTITUTING PLEDGED SECURITIES FOR CITIZENS BANK & TRUST CO. OF HUTCHINSON, MN The motion was made by Councilman Torgerson, seconded by Councilman Lenz, and unanimously carried, to waive read- ing and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF MCLEOD COUNTY OFFER TO PURCHASE PROPERTY FROM CITY OF HUTCHINSON (PARCEL 3, PLAT 26, CSAH 8) (DEFERRED JANUARY 14, 1992) Following discussion, Councilman Erickson moved to defer. Motion seconded by Councilman Lenz and unanimously car- ried. (b) DISCUSSION OF PETRO FUND AND AGREEMENT WITH OMAR COLLIS (DEFERRED JANUARY 2, 1992) • 3 CITY COUNCIL MINUTES - JANUARY 28, 1992 • Following discussion, Council Lenz moved to defer. Motion seconded by Councilman Torgerson and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to discon- tinue service on February 3 at noon unless other arrange- ments had been made. (b) DISCUSSION OF SALE OF STOCK OF STAR MIDWEST, INC. Following discussion, Councilman Torgerson moved to defer to a future date. Motion seconded by Councilman Erickson and unanimously carried. (c) CONSIDERATION OF PAY EQUITY REPORT Following discussion, Councilman Erickson moved to ap- prove and implement. Motion seconded by Councilman Lenz and unanimously carried. • (d) CONSIDERATION OF POLICY UPDATE$ -FOR POLICE= DEPARTMENT Following discussion, Councilman Erickson . moved - -to ap- prove. Motion seconded by Councilman Torgerson and unan- imously carried. (e) CONSIDERATION OF RESCHEDULING FEBRUARY 11, 1992 CITY COUNCIL MEETING It was reported that Governor Arne Carlson would be pre- senting his State of the State Address in Hutchinson on February 11, 1992 at 7:00 P.M. The motion was made by Councilman Erickson to meet on Wednesday, February 12 and seconded by Councilman Torger- son. Following discussion, the motion unanimously failed. The motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to hold the meeting on February 13, 1992, starting at 5:30 P.M. with reports from the Directors, and at 7:30 P.M. for the reg- ular City Council meeting. 4 • CITY COUNCIL MINUTES - JANUARY 28, 1992 (f) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR ESTABLISHING TAX INCREMENT FINANCING DISTRICT Bond Consultant Bill Fahey explained the modification to Development District No. 4, the amendment of Redevelop- ment Tax Increment District No. 5, and the creation of Tax Increment District No. 6 and its financing plan. Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously car- ried, to set a public hearing for March 10, 1992 at 8:00 P.M. and to waive reading and adopt Resolution No. 9655. (g) DISCUSSION OF FAIR GROUND PROPERTY ANNEXATION Engineer Rodeberg reported on the fair ground property and stated a joint petition from the city and county was necessary for Planning Commission action. No action was taken. (h) CONSIDERATION OF AWAIR SAFETY MANUAL • Following discussion, Councilman Torgerson moved to approve the manual. Motion seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF LEASE CONDEMNATION FOR LAUNDROMAT LOCATED IN ELKS CLUB BUILDING Administrator Plotz commented on the laundromat business located in the Elks building and the need to authorize lease condemnation if it would become necessary. Following discussion, Councilman Erickson moved to ap- prove authorization for City Attorney to have power to condemn the property if needed. Motion seconded by Coun- cilman Torgerson and unanimously carried. (j) CONSIDERATION OF AUTHORIZING CITY ATTORNEY TO PROVIDE NOTICE FOR WIGEN BUILDING ACQUISITION Following discussion, Councilman Erickson moved to approve authorization. Motion seconded by Councilman Lenz and unanimously carried. (k) CONSIDERATION OF AUTHORIZING CITY ATTORNEY TO PROVIDE NOTICE FOR RAILROAD PROPERTY ACQUISITION • 5 CITY COUNCIL MINUTES - JANUARY 28, 1992 • Following discussion, Councilman Torgerson moved to ap- prove authorization. Motion seconded by Councilman Mlinar and unanimously carried. (1) CONSIDERATION OF ADVERTISING FOR BIDS FOR PURCHASE OF EQUIPMENT Following discussion, Councilman Lenz moved to approve. Motion seconded by Councilman Torgerson and unanimously carried. (m) CONSIDERATION OF DISPATCH SUPERVISOR POSITION IN POLICE DEPARTMENT Following discussion, Councilman Erickson moved to ap- prove. Motion seconded by Councilman Torgerson and unan- imously carried. (n) CONSIDERATION OF AMENDING TRANSIENT MERCHANT ORDINANCE Following discussion, the motion was made by Councilman Lenz to approve and to waive first reading of Ordinance No. 92 -52 and set second reading for February 13, 1992. Motion seconded by Councilman Torgerson and unanimously • carried. (o) CONSIDERATION OF ADOPTION -OF PROPOSED ZONING ORDINANCE - #464 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Torgerson to approve and to waive first reading of Ordi- nance No. 92 -53 and set second reading for February 13, 1992. Motion seconded by Councilman Lenz and unanimously carried. (p) CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE REGARDING PUBLIC SITES AND OPEN SPACES WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The Building Official and Parks & Recreation Director presented the amended Subdivision Ordinance concerning public sites and open spaces. The City Attorney will prepare an ordinance for the Feb- ruary 13, 1992 meeting. No action taken. (q) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL FOR DANCE STUDIO WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION • 6 • CITY COUNCIL MINUTES - JANUARY 28, 1992 Following discussion, Councilman Erickson moved to ap- prove the permit. The motion was seconded by Councilman Lenz and unanimously carried. (r) DISCUSSION OF OVER -TIME ACCUMULATED FOR POLICE DEPARTMENT EMPLOYEE Police Chief Steve Madson reported a former Police De- partment employee had accumulated over -time in 1990 which totaled $1,000. It was the recommendation of the City Attorney to pay the amount. Following discussion, Councilman Erickson moved to ap- prove payment based on the City Attorney's recommenda- tion. Motion seconded by Councilman Mlinar and unani- mously carried. (s) DISCUSSION OF SHOPKO PROJECT ISSUES • Building Official Jim Marka and Andy VandenBush, Shopko consultant with construction company, presented issues regarding the Shopko project, including the number of required parking spaces and the cross easement. Official Marka requested authorization to issue the building per- mit and was advised by the City Attorney that the City needed to resolve the parking_ issue _yrior to issuing a building permit. The City Attorney will contact the parties involved. 9Effi00rVV@ffli0M� (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz called attention to his January News- letter and commented on the Employee Benefit Committee meeting regarding the proposed wellness program and the fifth week of vacation after 20 years of employment. • The following joint meetings have been arranged: February 10: 6:30 P.M. -- HCDC Board 7:30 P.M. -- County Commissioners /Officials February 24 : 7:00 P.M. -- Four Township Boards Three Hutchinson Commissioners County Officials Mr. Plotz reported the Acquisition Committee will meet on January 29 and suggested they discuss the letter from 7 CITY COUNCIL MINUTES - JANUARY 28, 1992 • Frank Barrus regarding downtown redevelopment. The com- committee will make a recommendation to the Council. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz commented on Valeryn McCall Is letter re- garding a request for a sidewalk on Echo Drive from Oak- land to Freemont. The City Engineer volunteered to re- view the matter and respond to the letter. Councilman Lenz stated a demolition crew was working on the Stark property. Attorney Anderson reported the Judge had enforced the order. Mr. Lenz inquired about the striping at Hwy. 7, 22 & 15. Engineer Rodeberg reported the stoplight could be in place by October 1, 1992. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on telephone calls received regarding Shopko's bidding process. Mr. Mlinar asked about the $15 fee charged for a final • deferred assessment report prior to payment. (d) COMMUNICATION& FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson made reference to the letter re- ceived from Mark Gaarder stating he would not be opening a business on Hwy. 7 West. (e) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson reported that HRA had reviewed the property on Washington Avenue and found it to be unsat- isfactory to purchase. (f) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson presented a letter relating to city redistricting and recommended adoption by ordinance. The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to waive first reading of Ordinance No. 92 -51 and to set second reading for February 13, 1992. A 91 • CITY COUNCIL MINUTES - JANUARY 28, 1992 UNW.340 •• • • .R (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. There being no further business, the meeting adjourned at 10:20 P.M. • • 0 eccva nai�cG :, 0 Ll • row C-4OA U.S. ptrunk<&nactl&aaeln _____ - __ .._. ..... ...�. ...,. ......� ... ..,.. s.. as. ra -a..,1 awu v*r cawus FwloAln wMal a Pwwlb lewd I I JANUAR7 1992 Mail manor an, an. a ✓b ICWesr incite 1p iM Coo, REPORT OF BUILDING OR 553 ZONING PrRMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 357400 27 4 9999 OBS 1 0 26 9999 JAMES NA2AA BLDG OFFICIAL - FOR CITT OF HUTCHINSON if yourbudding perms system he, "hged, mad (X) aPp,opriaf' box below andaaplaM CITT HALL 37 YASMIMGTON AVE WEST In commence. HUTCHINSON MM 5535D ❑ Diecondnued luuing permits ❑ Merged witn another ll,fl ❑ Split into Iwo on more systems ❑ Annexed land are., PLEASE COMPLETE AND MAIL I ❑ Had other chances THIS FORM ON OR BEFORE I I FEB QUART 4 1992 If nopermirs wererssuaddudng Bureau of the Cans. Instructions are Included. For th n e peod, ma X; 'n Me box es 1201 Eart 10th Street further assistance, call cp6eel end ,erum this 'o,m Jo Haeannd0a, IN 47132 -0001 (301) 763 -7244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEPING Item Number of Number of BUILDINGS Valuelion of Valuation of No, Bu;ld�ngs Houmnp Buildings Housing g onstrunlon cozhuctmn units Omd cents unto Omit cents (el Ib) Id Idl le) (fl I 1 Single -family houses, detached E. dude monde homes. 101 2 189. 655 Smg.e family houses, attached - SePa,a red by ground to roof waA, -No u.mts above or below, and - Separa (e hearing s ystems and utility mstere. (Count each unit as • &operate building) 1102 - wo -faldy bolding& 103 Three and four- lamilybuildings 104 Five -or -more Iemily buildings 105 TOTAL - Sumof 707 -705 -r 109 2 1 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED NON HOUSE KEEPING Item Number of Number of BUILDINGS Valuation of Valuation of No Buildmps�Rooms Bu.ltlrnpa Roams construction Omit canN construction Or cents lal IDI f<I Idl lei 1 111 III Hotels, motels, and tourist cabins transient accommodations only) 213 Other nonhousekeepinp shells, 214 NEW PRIVATELY OWNED PUBLICLYOWNED NONRESIDENTIAL BUILDINGS (lam Nun'ibef Valuation of Number Valua;wr. of No. of consnumian of construamn buildings Omit cents buildings Omit cents lal Ibl Iel dl Iel Amusement, sooel. and recreational 318 Churches and other religious j' 320 Indusvial F,t,l qarrhqcs (buddings and open decked) 1321 Service slanons and repair garages 322 Hospitals and insamro ^al 323 nks, and professional 324 s antl utilines 326 d other educatwne) 326 Cus:Omer services LS'to resand 327 1 esidential buildings 3211 omen then buildmcs 32B ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTER AND Nunn bar ValcnI of Numb., Valuation of CONVE RSIO Item CONVE CONVERSIONS No of construction of construction buildings Omu cents buildings Ota cents la) Ib) iCl Id1 Iel Resden:lal - C.'u,l,fy add�uons of tillages and carp,,. rn.rem 43P 434 Nonreslde oval and nonhousekeeping 437 4 64 63 uo ;a of ,-art al u.,a,,, arid carports � Aua. l aracnee and de; ached) 438 - -' -' "• -""' � ' °` °• '" "'•`� � YILASt CUN IINUt UN REVEHSt SIDE �� Total Valuation $254,294 DEMOLI TIONS AND PRIVATELY OWNED P SLI LT WNL, RAZING OF BUILDINGS tam NumOu of Number of - No. &aildvpa /buamp eupdisga Housing unila unit, bl lb) IU lei bl 5inq!e -f amdy houses arachnid end de lad heel 645 Two -lam dy bwldmgs 646 Three- and lour - family buddmgs - 647 pne -or -mere Iamdv bulldmgs WB - A 11 01M, bu M l, a,d 1649 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT /600,000 OR MORE Please Prot ide the following information for each permit authorizin comuuction valued at 1500,000 or more emered m secvons llhrougn lV. Numbw of DBBCriptiOn Name and address of Onr- Veluabon o f Owner or"adel fX) CNan Orrin cen unit• Haut.np 8u'Idmps one IEI W di lei (r) I dding 7K� ___________— ____________ PULL, ddmp ______ Pnv m ss ------------------ - --------- ❑PUNic f Kind o1 bUJanp ' - ____________________ ❑Prl..a sit, .da•4 ,— 5 K✓q of brWdup -- -------------------- _ ❑Pnvn• 861 addrev ❑PUdm 1 Knd of EuiWay ------------------ ---------------- ❑Priwu Sit. la addr•si ____ _______________________________ ❑Public 6 Kurd o! buudeq ----------------------------------- _ ❑Pawl• 5ne address 5 K.rq OI bwldlnp - - -------- - - - -- --- -------- - - - --- OPdvw — - -- ------------------------- S.;• add44 9 naq of �g ____ _______________________________ ❑Priwro Kv 0 bu,UVy Sna address ____ _______________________________ ❑Public i Comment, you you y a w are Are } any now permittiuulnp I Yes — P,'ease give additional information in comments. fur ioma7 JNO Name of pe son to contact regarding this report � rka Telephone Tlle Ama codes Numbo EILL ,_ - , Pails! in Orlirinl 612 1567 -5151 M MINUTES Parks & Recreation Board December 18, 1991 • Members present were J.P. Auer, Lee Cox, John Mlinar, Linda Martin, Mike Cannon, and Mike Schall. Also present were Dolf Moon, Mary Haugen and Karen McKay. The meeting was called to order at 5:15 p.m. The Minutes dated October 30, 1991 were approved by a motion made by J.P. Auer and seconded by John Mlinar. The board unanimously agreed. Fi ure Skati -ng Association - Carol Mitchell and Pam Woods were present representing the Figure Skating Association. They are interested in an alternate night for skating lessons rather than Wednesdays. Their suggestion is to switch a night with hockey for example Wednesday for Thursday or Monday with hockey getting Wednesday nights and skating Thursdays or Mondays for two years and then vice versa. The skating program involves 350 skaters, as the kids grow older, and their skill level changes, they advance to the Satur0ay clases. Mary will be working with the Youth Hockey Association to investigate alternatives. The ice time will scheduled in June for the 1992 -93 season. The board agreed that this item be tabled until March. Baseball Association - Ralph Johnson was present representing the Baseball Association. He summarized the youth baseball program. Ralph also expresed a • concern for the 1,000's of hours that were spent cleaning up after flooding. The Association would like to see the flooding problem solved before the 1594 State Amateur Baseball Tournament. Ralph reported to the board that the Baseball Association generated $9,400 from the sale of their calendar. OLD BUSINE 1992 B dget - The 1992 Budget for the City of Hutchinson was approved December 12th with the recommended cuts, made by the directors, intact. The parks will incur the bulk of the cuts in the Parks and Recreation Department. Youti Center - The lease at the current Dry Dock was not renewed for 1992. The Youth Board of Directors is investigating alternate sites. They will be looking at the space west of Rexall Drug where the baseball card shop had been. The rent would be $550 per month which would correct the $14,000 shortfall incurred in 1991. The Youth Board prefers the downtown location. It would be a place for the kids to gather, and special events would be scheduled at various locations for large group activities. • NEW BUSINESS Subdivision Ordinance Revision - The board reviewed a memo to the planning staff regarding changes in the subdivision ordinance recommended by Jim Marka, • Building Inspector. Virgil Voigt supported the changes, and suggested that added to item E., Soil and Water Conservation, wetland restoration be included. Mike Schall made a motion to adopt the changes proposed to the Subdivision Ordinance with the addition of wetland restoration along with Soil and Water Conservation. Linda Martin seconded the motion, and the board unanimously agreed. Luce Line Trail - Dolf has been contacted by the local snowmobile club, Sno Pros regarding the severance of the Luce Line Trail between Arch Street and Hilltop Drive. The Sno Pros will be responsible for connecting the gap. They will be working with the Department of Natural Resources Grant In Aid Program. L_C.M_R. - The deadline for grant applications is February 7th, and two proposals will be submitted. The Bass Pond Project will be one turned in along with a request from the Crow River Task Force for funding the dredging of the upper Crow River. Boa_d Items Neighborhood Ice Rinks - J.P. Auer feels there is a need for more outdoor ice rinks in the neighborhood parks. Christmas Tree Sales - Approximately 300 trees were sold on the lot adjacent to the Civic Arena. Those trees began dropping their needles, and the vender • offered his customers a refund. Names and addresses are being collected at the Parks and Recreation Office, approximately 100 have been received to date. A d_•ournement - The meeting was adjourned at 6:36 p.m. by a motion made by Linda Martin. J.P. Auer seconded the motion, and the board unanimously agreed. klm • Ai- -port Commission Meeting 27 January 1992 Brought to order at 7:35 pm 27 January 1992, Attending: Paul Ackland, Joe Dooleli, James Faber, Dennis Kahl, Bernie Knutson, Mare: Lopac, John Rodeberg Motion: Made to request councils approval for property (3 parcels) appraisal and acquisition for the phase 1 airport expansion. Made by: Dennis Kahl Seconded by: James Faber Carried unanimously next meeting 24 February 1992. Adjourned: 8:40 pm 27 January 1992 Motion by: Joe Dooley, Dennis Kahl • • 11-A.C3) C DATE: February 10, 1992 TO: FROM: St eve Madson, Police Chiefl SUBJECT: CLUB LIQUOR LICENS Mavor and Council I recommend approval of the following Club Intoxicating Liquor Licenses: • Elks Lodge VFW Post 906 (pending Certificate of Insurance and Surety Bond) Country Club ( pending Certificate of Insurance) I.. • Cihy Hall Parks & Recreation Police Deparhnent 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 payer - .c� 0 PUBLICATION NO. 4341 NOTICE OF 1FARING REPLACEMENT OF BRIDGE NO. 43503 ON BLUFF STREET OVER THE CROW RIVER TO WHO1 i IT i tAY CONCEFIdl : Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8:00 P.M. on the 13th day of February, 1992, to consider the replacement of Bridge No. 43503 on Bluff Street over the Crow River for the following reasons: The Bluff Street Bridge in the City of Hutchinson is insufficient to safely handle traffic in its present condition. The Hutchinson Area Transportation Task Force recommendations for bridge replacement were approved by the City Council on February 12, 1991. The bridge has a Sufficiency Rating of 29.0, making it eligible for replacement under the Federal Bridge Replacement Program. The bridge serves a Municipal State Aid Street, and the MnDOT District State Aid Engineer has recommended that the structure be replaced as soon as possible. • Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: February 4th, 1992 City Admini�tratotU PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEA96 - 11G, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, FEBRUARY 6TH, 1992. IOj-+ IIdof —f '41IZi.�l WHEREAS, the Bluff Street Bridge in the City of Hutchinson is insufficient to safely handle traffic in its present condition, and; WHEREAS, the Hutchinson Area Transportation Task Force recommendations that were approved by the City Council on February 12, 1991 recommended bridge replacement, and; WHEREAS, the bridge has a Sufficiency Rating of 29.0, making it eligible for replacement under the Federal Bridge Replacement Program, and; WHEREAS, the bridge serves a Municipal State Aid Street, and the MnDOT District State Aid Engineer has recommended that the structure be replaced as soon as possible: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 0 That the Bluff Street Bridge is hereby declared to be in need of • replacement, and requests that all efforts be made to replace the bridge as soon as it is possible. Adopted this 13th day of February, 1992, by the City Council of Hutchinson, Minnesota. Mayor City Administrator • MEMORANDUM TO: Gary Plotz, City Administrato FROM: Steve Madson, Chief of Polic DATE: February 5, 1992 RE: FBI National Academy Conference This memorandum will serve as a request to attend the FBI National Academy Conference to be conducted April 26 through April 29, 1992, in Louisville, Kentucky. As I verbally discussed with you on February 3, 1992, I would be willing to pay the expenses of the trip; i.e. transportation, food, lodging, etc., if the city would be willing to provide me time off from the job as well as the $100 registration fee. I realize that since this is out of state travel that this must go before the council and would respectfully request th th is be p laced on t he council agenda_ f t_e e_ rua 13 ,. 1992, city council meeting H - - awed I will not be able to be in attendance that evening. I have attached to this memorandum a copy of the cover letter, fee schedule and conference agenda for your review, as well as information for the city council. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. • /lkg 92 -02 -0004 r . FBI ACADEMY OUANTICO, VIRGINIA 22194 January 14, 1992 164TH FBI NATIONAL ACADEMY CONFERENCE APRIL 26 -29, 1992 LOUISVILLE, KENTUCKY Greetings, Time is drawing near for the 164th FBI National Academy Conference. Attached you will find the information for the registration fee schedule. Also, you will find a pre- regis- tration envelope for your hotel registration. You can send this money directly to the hotel. For those who are interested in staying over for the weekend, the hotel has asked me to find out how many are interested. So, please let me know. Hope to see you in April. SiVicerely, Land A I 164TH FBI NATIONAL ACADEMY CONFERENCE APRIL 26 -29, 1992 LOUISVILLE, KENTUCKY REGISTRATION FEE SCHEDULE \1 ACTIVITY REGISTRATION* HOTEL (GALT HOUSE EAST) DINNER CRUISE SIGHTSEEING TOUR CHURCHILL DOWNS (DAY AT THE RACES) LUNCHEON AMOUNT $100.00 (PER PERSON) $ 64.00 (single & double occupancy) $ 40.00 (per person) $ 35.00 (per person - including lunch) $ 30.00 (per person - including lunch) $ 20.00 (per person) DANCE FREE *REGISTRATION FEE: To be paid prior to arrival at the conference. Included in the registration fee is a souvenir Derby pen, which allows you access to the many free activities such as: Hospitaliy Room, Chow Wagon, Derby Festival Pegasus Parade Float Preview Party, and a chance at one of wonderful prizes that are given away. As in years past, there has been a new Cadillac given away. This year is Kentucky's Bicentennial, so it will be a good time to come to Louisville and celebrate with us. Make checks payable to: FBI NATIONAL ACADEMY 164TH Mail the checks to: Sarah Land 320 Northwestern Pkvy. Louisville, KY 40212 � I • CONFERENCE AGENDA SUNDAY, APRIL 26, 1992 9:00 - 6:00 P.M. 6:00 P.M. MONDAY, April 27, 1992 8:30 - 9:30 A.M. 10:00 A.M - 12:00 P.M 12:00 - 1:00 P.M. 1:00 - 3:00 P.M. 3:00 - 5:00 P.M. TUESDAY, April 28, 1992 9:00 - 12:00 P.M. REGISTRATION WELCOME AND HOSPITALITY ROOM (GALT HOUSE) BREAKFAST AND OPENING REMARKS Sgt. Sarah Land Louisville Police Department "THE USE OF COMPUTERS AS AN INVESTIGATIVE TOOL" Lt. Gary Ashby Illinois State Police Capt. Robert Gales Metropolitan Police Department Washington, D.C. LUNCH "MANAGEMENT DEVELOPMENT" Lt. Barnett Jones Oakland Co. Sheriff's Dept. "CAREER DEVELOPMENT" Lt. Catherine Volpe New York Police Department Capt. Kenneth Rau Suffolk Co. Police Department "STRESS MANAGEMENT" Col. Vincent Liberto Milford Police Department Capt. John Fujarczyk Coral Springs Police Dept. 0 L TUESDAY, April 28, 1992 12:00 - 1:00 P.M. 1:00 - 3:00 P.M. 3:00 - 5:00 P.M. WEDNESDAY, April 29, 9:00 - 10:30 A.M. 1992 LUNCH MEDIA RELATIONS Lt. Richard Foster Lubbock Police Department Inv. Timothy Mills Henry Co. Sheriff's Dept. "DOMESTIC VIOLENCE" Captain Jerry Galler Lewisville Police Department "SURVEILLANCE TECHNIQUES" Lt. Donald O'Donnell New York Police Department Detective Gregory Quinn Nassau Co. Police Department E 10:30 - 12:00 P.M. 12:00 - 1:00 P.M. 1:00 - 3:00 P.M. 3:00 - 5:00 P.M "INTERVIEWING AND INTERROGATION" CMSGT Danny Buckner U.S. Air Force Capt. Michael Swaney U.S. Air Force LUNCH "HOSTAGE NEGOTIATIONS" Capt. Rocco DeLeo Miami Police Department Sgt. Thomas Ditscheit Milwaukee Police Department "FUTURISTIC POLICING Sgt. Tammie Pace Houston Police Department Detective Annette Spellen New York Police Department • • RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICE Resolution No. 9658 WHEREAS, the City of Hutchinson has received complaints regarding the parking of motor vehicles along Freemont Avenue in the area of the Hutchinson Community Hospital; AND WHEREAS, the parking pattern has been reviewed by the Director of Engineering and the Chief of Police and both are in agreement that the current parking pattern is creating a visibility problem on Freemont Avenue due to the increased vehicular traffic in this vicinity; AND WHEREAS, the Hutchinson City Council has the authority to establish certain locations as points where traffic control devices shall be erected, pursuant to Section 7.04, subdivision 1, of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the Hutchinson City Council hereby establishes the • following location as a point where a traffic control device known as a "No Parking" sign shall be erected on the south side of Freemont Avenue from the service road intersection of Oakland east to the entrance of the Hutchinson Medical Center. 2. That the Hutchinson City Council hereby establishes the following location as a point where a traffic control device known as a "No Parking" sign shall be erected along the north side of Freemont Avenue from an area immediately north of the entrance to the Hutchinson Medical Center west to the service road. Adopted by the City Council this day of February, 1992. Mayor City Administrator . I L /- A' • RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICE Resolution No. 9659 WHEREAS, the Director of Engineering and Chief of Police have observed traffic control patterns developing in the recently opened retailing center located on Highway 15 South; AND WHEREAS, there appears to be a need to control vehicular traffic in this retailing area; AND WHEREAS, the Hutchinson City Council has the authority to establish certain locations as points where traffic control devices shall be erected, pursuant to Section 7.04, subdivision 1, of the Hutchinson City Code; NC 1, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the Hutchinson City Council hereby establishes the following location as a point where a traffic control device known as a "Stop" sign shall be erected (second street listed shall be the control street): • Century Avenue and Boston Street Boston Street and Atlanta Avenue Boston Street and Baltimore Avenue Adopted by the City Council this day of February, 1992. Mayor City Administrator • 7—R, RESOLUTION NO. 9660 RESOLUTION OF AFFIRMATION BY THE CITY OF HUTCHINSON TO CONTINUE AS A "STAR CITY" FOR THE PURPOSE OF ECONOMIC DEVELOPMENT Whereas, the City Council of the City of Hutchinson is desirous of furthering the economic development of Hutchinson and vicinity, and; Whereas, one of the economic development tools effectively used by the community is the "Star City" program as certified by the State Department of Trade and Economic Development, and; Whereas, the "Star City" program and other development activities are part of the work of Hutchinson Community Development Corporation to advise the city on matters dealing with economic development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The City Council does hereby renew its participation and • commitment to the State "Star City" program for economic development. 2. The City Council recognized the Hutchinson Community Development Corporation as the organization responsible for carrying out the procedures for state recertification of the "Star City" program. Adopted by the City Council this 13th day of February, 1992. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator 0 7 & L ORDINANCE NO. o?-51 , 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, CHANGING THE BOUNDARIES OF ELECTION PRECINCTS AND ADOPTED BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: • s Section 1. In accordance with Minnesota Statute §204B.14, the City of Hutchinson does hereby adopt new election precincts, identified as Precincts 1, 2, and 3, as is more fully set out on the attached map, marked as Exhibit " A " and incorporated as if fully set out herein. Section 2. This ordinance shall take effect upon its adoption and publication and as provided in Minnesota Statute §204B.14 (1991) . Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Application 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. Mayor Attest: City Administrator Published in the Hutchinson Leader on First reading: January 28, 1992 Second reading: February 11. 1992 7-Pl • • ! ' !� 7 1 4 'C ��• I� X11' 1 1 � � ■ A 1 �� � -� �' �� ��R _ �� �, � ����� , - - �;� �� . -- �, �, � � ��R���� �r C��A � �� �, ���� .r. Q �_��.`� _ �� ,�,� __ AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 6.22 DEALING WITH PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS AND 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. City Code Section 6.22, Subd. 1, paragraph (c) is hereby amended as follows: C. "Transient Merchant" includes any person, firm or corporation, whether as owner, agent, consignee, or employee whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, lodging house, apartments, shops, or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction Such definition does not include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future 0 Subd. 8. Use of Streets. No licensee shall have nay exclusive right to any location in the public streets, nor shall any be permitted a stationary location theree; in the public streets or public right -of -way nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this Section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. 0 Section 3. City Code, Chapter 1 entitled "General Provisions 7 — ,F xn or qarde Section 2. City Code Section 6.22, Subd. 8 "Use of Streets" is hereby amended as follows: and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 13th day of February, 1992. Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator First reading: January 29, 1992 Second reading: February 13 , 1992 Published in the Hutchinson Leader on: i 0 13 EA°,T f'LELLOGG BOULEVARD e ST. R%UL, NN o 551o1 0 February 13, 1992 Mx- Ga-y P10tz City 0: " Hutchinson VIA FAC3 1MILE 234. -4240 Storm Shelter The StOt© Of t;le storm $'::alter at Country Club Terrace is as f01 101.,:s: • We have sel „cted a location -en l.ral to the tenants. We have .investigated existing utilities and have found that the structure will fit on the site. We have init.-atzd plan pr(.�paration in conjunction With Gl and Associates an architect in St. Faun.. We have ii:quired as to the potential availability of funds at Marquette Bank Golden Valley and Marquette Bank Hutcoiinson. • • We will continue to pursue the storm shelter alternative. if funding becomes available it will be built as soon as ths frost is out of the ground. Vary truly yo,irs, HUTCH, INC. W. R. Block L'J.R. ELt�C ►{. GEf4 ::.i�!'t�.. t��,'•dAr =E�'� 0 612- 2a: o.C;;,e -,y -�'� � C January 31, 1992 Mr. W. R. Block Hutch, Inc. 369 East Kellogg Blvd. St. Paul, MN 55101 �J Dear Mr. Block: x�r I am writing to remind you that Hutch, Inc. is scheduled to be on the agenda for the first City Council meeting in February. The three items to be discussed pertain to: (1) Temporary Evacuation Plan for Country Club Terrace; (2) Plans and Specifications for Permanent Storm Shelter at Country Club Terrace; and (3) Construc- tion Schedule for Shelter at Country Club Terrace. Since the City of Hutchinson has been selected as the location for Governor Arne Carlson to present his State of the State Address on February 11, the City Council changed its regular meeting date from February 11 tj Thursday, February 13. The meeting will begin at 7:30 P.M. If you are unable to be present on February 13, please advise Gary Plotz or myself. Sincerely, CITY OF HUTCHINSON i d Marilyn J. Swanson Administrative Secretary cc: Mayor Paul L. Ackland Gary D. Plotz, City Admin. Randy DeVries, Water /FlWTP Dir. City Hall 37 Wasl.ington Avenue West (612) 5S7 -5151 Parks &Recreation 900 Harrington Street (612) 5S7 -2975 Htttdtiti�;olr, ,Nliuric, 55350 .T .:'._r. r:.., , - Police Department 10 Franklin Strect SonNr (612) 5S7-2242 gJ74 • L , 11 HUTCH, INC. 369 EAST KELLOGG BOULEVARD • ST. PAUL, MN • 55101 January 2, 1992 Honorable Mayor and City Council City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Honorable Mayor and Council Members: 3Nd 3z FOR YOUR INFORMATIOR At the December 10, 1991 meeting the City Council agreed to honor the sewer /water agreement drafted in January of 1991. The initial term of the agreement is for a one year period upon which time it will be reviewed. If you will recall, I had asked for a five year term to coincide with my financial obligations at Marquette Bank in Hutchinson. The one year period should begin on June 1, 1991 the actual date the agreement went into effect. That way the agreement will cover four quarters ie., summer and fall (already paid), winter and spring. The agreement will terminate on May 31, 1992 and will be considered for extension at that time. The intent of the original agreement was for a one year period. The Council action of December 10, 1991 will reduce that to seven months. (June - December 1991). Please extend the contract to May 31, 1992 at your earliest convenience. Very truly yours, HUTCH INC. i W.R. Blcck M UG W.R. BLOCK GENERAL MANAGER • 612-228-9564 Y --�4 ARNOLD Sc MCDOWELL DAVID E. ARROIJ) ATTORNEYS AT LAW OART D.M DON " STEVEN A. ANDERSON IOI PARE PLACE O. RARRT ANDERSON- H UTCHINSON, M INNESOTA 55390 -6563 STEVEN S. HOOF LAURA Z. FRETLAND DAVID A. RRUEOOEMANN PAUL D. DOVE•' JOSZPH M. PAIRMENT JAMES DTLET RICHARD O. MCOEE T OTHT R`. 7"INEEI MART R. HORROCZS CATHRYN D. RRHER Mr. W. R. Block Hutch, Inc. 369 East Kellogg Blvd. St. Paul, Mn. 55101 (612) 587 -7575 or CO SZL wrI M. CAMERON RATMOND C.IA LIER PAUL M.RROICH CHARLES R. CARNICIIAEL" TAX (612) 567-4026 3661 CEDAR LAZE ROAD MINNEAPOLIS. MINNZE A 55416 RESIDENT ATTORNEY (ma)545 -2000 O. RARRY ANDERSON MN TOIL FREE 600 - ]43-0545 \ January 16, Re: Sewer /Water Agreement Our File No. 3188 -90175 50I 60OTE MU27H STREET PAVICETOM, MINIIEROTA 55 n 160) 362 -2214 rAS (612) 362-5306 0 E JgN 1,992 .. cZ Dear Mr. Block: \\ t Your letter of January 2, 1992, although technically not an agenda item for the City Council at its most recent meeting, was reviewed and discussed. The matter was referred to our office as counsel for the City of Hutchinson. As you know, the City Council approved the. meter reading experiment_ through the end of calendar year 1991. This was the time period contemplated by the original discussion over a year ago, although that discussion never resulted in a formal agreement. In discussing the matter with the City Council, I don't believe there is any significant support for extending the agreement beyond December 31, 1991. On the other hand, it would be my recommendation to the City Council that they approve an extension through May 31, 1992 settling all claims and potential claims arising out of the meter reading issue. From the Council's perspective, this would have the affect of terminating the endless discussion of the storm and sanitary sewer issues and on that basis, I believe the Council could justify deviating from its prior course. Obviously, I cannot speak for the Council on this issue, but I believe my recommendation would be given great weight. Please give me a call if you would like to visit about this matter further. Thank you. Best regards. Very truly yours, ARNOLD & McDOWELL A 0 G. Barry Anderson GBA:lm CC � // P E � aul A� l A CIVIL TRIAL SPECIALIST MT THE NINNESOTA STATE RAH ASSOCIATION (J00.LyE�EPlOtZEAL PROPERTY LAN SPECIALIST BY THE NTNNESOTA STATE DAR ASSOCIATION , Y 'A 1 C December 19, 1991 MEMO A k , � I � I am attaching a copy ��� mptions for the businesses coded as such under our utility billing system. The listing details the past four billing cycles showing the thousands of gallons of water used per customer. At the far right column is the amount of sewer (in thousands of gallons) upon which the billing is based. . It would appear the winter quarter gives the best break to the commercial users. Except for a few exceptions the gallons used is the least amount for each customer. There are a few for which this is not true but the difference would not appear significant. (We Charge $2.30 per thousand on sewer use.) At this time it would appear the customer would not benefit by a change in the method of using winter quarter water consume ion to e�m ni a sewer gad Eons for the year you see a prim or would like to discuss alternatives please give me a call. I am by way of this memo corresponding to the balance of the city council. The attached run is not included in their memo but can be made available upon request if they so desire. C.C. Mayor & City Council VGary Plotz, City Administrator Randy DeVries, WWTP Director 9 Cihj Hall Parks & Recreation Police Deyarhnent 37 11 Arenue [test 900 Harrington Street 10 Franklin Street South (612) 557 -3151 (612) 5S7 -2975 (612) 557.2242 Hutchinson, Alimlcsota 55350 �r-4' DATE: January 14, 1992 TO: Mayor and City Council FROM: Randy DeVries Director of Water $ Wastewater Operations SUBJECT: Water & sewer flows at Country Club Terrace The following are the flows that we measured from November 28, 1989 December 3, 1989. 11/28/89 44,370 gal. /day 11/29/89 44,380 gal. /day 11/30/89 51,850 gal. /day 12/01/89 -- 12/3/89 weekend 186,010 gal. TOTAL _ 326,610 gal.., Average 54,435 gal. /day Water flow for this quarter: cc: Gary Plotz Ken Merrill Dick Nagy Merle AIeece Bill Block RD /ds 4,097,000 gal. 45,522 gal. /day average I* Ciht Hall 3; I1'ashingtou 9rcntic 1%'cst (bf21 5S? -5151 Parks £-Recreation 900 Harrington Strcct (612) 587 -2915 Hl /f; r 11!S��'!, �Tf7fl'P >ntR ?'1 inn Police Department 10 Franklin Strcct South (612) 557 -2242 ^ P HUTCH, INC. 380 EAST KELLOGG BOULEVARD • ST. PAUL. MN • 66101 �GIJ January 20, 1992 Mr. Gary Plotz� !o`sB �95tiE 2 � \ City of Hutchinson 37 Washington Ave. W. Hutchinson, MN 55350 Dear Mr. Plotz: Received the January 14, 1992 memorandum from Mr. DeVries relative to the monitoring of a sanitary sewer manhole between 11/28/89 and 12/3/89. The total amount of flow measured was 326,610 gallons. This number was then compared to the winter quarter of 1989 which includes the months of December 89, January and February 1990. The , memorandum implies that the average flow through the sewer was 54,435 gpd and the average flow through the master meter was 45,522 gpd• First of all, if the City was monitoring the sewer manhole it is inconceivable that the master meter was not read on the same days. Secondly, three days of the monitoring occurred in the fall quarter and three days in the winter quarter. Therefore the use of the winter quarter only as a comparison is incorrect. Thirdly, the accuracy of the manhole monitoring equipment at low flows is ±25 %. If the purpose of the monitoring was to determine infiltration, the water should have been shut off for a minimum of eight hours. Then all flow through the sewer could have been considered infiltration. As it stands, your monitoring results are absolutely meaningless. They have nothing to do with the fact that we have agreed to pay for all water passing through the master meter and all water (as sewer charges) passing through the individual meters. If our account is being selected as one that should pay sewer charges on infiltration then it should be applied on a city wide basis. If your main concern is the loss of revenue due to finally billing our account fairly, then I suggest modifying the billing rates city wide. Again, our concern is that we are treated fairly. We have been overbilled for years. The city has benefitted from the overbilling. Now we have a system that works. If the city is short of revenues, increase the rates to all users. Very truly yours, HUTCH INC. • W.R. Block W.R. BLOCK, GENERAL MANAGER • 612 -228 -9564 ?---A HUTCH, INC. 389 EAST KELLOGG BOULEVARD • ST. PAUL. MN • 55101 J • January 22, 1992 Mr. G. Barry Anderson ARNOLD & MCDOWELL 101 Park Place Hutchinson, MN 55350 -2563 FOR YOUR INFORMAT1ON Dear Mr. Anderson: Received your letter of January 16, 1992. You continue to refer to my installation of meters and expenditure of $30,000 as an "experiment". I can assure you that I would not incur debt on behalf of my stockholders to forego an experiment. There was an agreement as to how Country Club Terrace would be billed for water and sewer if I were to install meters. The one year period was included when you drafted the first agreement. This was an inadvertent clause in the contract which was not included in the council action approving the billing procedure. When I mentioned the conflict between the one year period and the amortization period of the debt incurred to install meters you drafted another agreement which included a five year period. The City Council rejected this agreement and decided to renege on the agreement entirely. After I presented a signed agreement by the City officials, the City Council authorized a one year agreement. It is my contention that the one year period should begin on the day the agreement became effective, namely June 1, 1991. Prior to that date the agreement was meaningless. I still maintain that I had an agreement with the City whereupon following the installation of meters, no later than June 1, 1991, the method of billing for water and sewer would be established indefinitely. The City certainly had the right to modify water and sewer rates on a City wide basis. However to substantially change the method of billing after I incurred the cost of installing meters and established an administration to monitor and bill my tenants is certainly a breach of contract on the part of the City. I cannot understand the reluctance of the City Council to move forward as agreed. The City is paid for all water used by Country Club Terrace. The City is paid for all sewerage entering the sanitary sewer system. This is a very fair system of billing. As expected, the installation of meters has had a dramatic effect of the per capita water use. As a result , the City will lose revenue. If the City wishes to make up for lost revenue at Country — 1 0 Club Terrace they should increase the water and /or sewer rates City wide. We will pay our fair share. W.R. BLOCK, GENERAL MANAGER • 812 -229 -9584 /� ' January 22, 1992 Mr. Anderson Page 2 My main concern is that we have in the past been paying sewer charges on water that does not enter the sewer. Like any municipality we have watermain breaks, leakage at water services, flush hydrants, etc. The lion's share of water /sewer charges is the sewer charge, ie., 400 /1000 vs. $2.30/1000. The individual meters unquestionably resolve the problem. The City Council agreed in January, 1991. For the present, please convince the Council that it's in their best interest to extend the agreement to May 31, 1992. I certainly do not want to litigate this matter. Thank You. Very truly yours, HUTCH INC. W.R. Block ,. cc: Jeff Bonner, atty. I AEL DATE: February 5, 1992 TO: Mayor and City Council EA J FROMt John P. Rodeberg, Director of Engineering Randy DeVries, Director of Water /Wastewater Operations REs Water Storage Tank Construction It is currently proposed to design the proposed Water Storage Tank for South Park in 1992 and begin construction in 1993. Based on the Distribution System Analysis completed by RCH, and reviewed by the Minnesota Department of Health, this 500,000 gallon tank will be needed by then. We strongly recommend that RCH be engaged to complete the engineering for the project. Although in the past we have sometimes requested proposals from consultants, we believe it is more advantageous to work with RCM for the following reasons: ► They have worked on the City's water system for a substantial number of years and know every part of the current system. ► RCN has completed the Distribution System Analysis, Water Treatment Facility Improvements, and the two existing water storage tanks, as well as other numerous projects in the City. ► Chuck Barger, the proposed project manager, has substantial experience in Hutchinson, as well as in other parts of Minnesota, and has proven to be reliable, cost conscious, innovative and technically adept. He will be the project manager through project completion. 0 With our limited staffing, we are nervous at having to spend time and effort bringing another consultant "up- to- speed ". We strongly believe that utilizing RCM will provide a better product at a more reasonable cost. We recommend authorizing negotiation of a contract with RCH for these consulting services. We propose to establish a "not -to- exceed" cost that will be reviewed for fairness. JPR /pv City Hall 37 Washington Aaenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (611) 587 -2975 Hutchinson, Minnesota 55350 - Pruned on tt ceded paper - Police Department 10 Franklin Street South (612) 587 -2242 q � I / AGREEMENT THIS AGREEMENT is made and entered into this _ day of February, 1992, by and between the State of Minnesota (Minnesota) and the City of Hutchinson (Hutchinson), a Minnesota municipal corporation. RECITALS: A. Dakota Rail, Inc., a South Dakota corporation, is the owner subject to a Contract for Deed of certain premises (Property) located within the city limits of the City of Hutchinson, described as follows: Lots 1, 2, 3, 4, 5, 9, and 10, all located in Block 47, North Half of Hutchinson and all other property, easements and right of way, if any, located in Block 47, owned or claimed by Dakota Rail, Inc. or its predecessors in title. • B. Hutchinson Community Development Corporation, a Minnesota non profit corporation, has entered into an Option "td'Pu'rthase all of the interests of Dakota Rail, Inc. which option is dated September 16, 1991. C. Minnesota holds a first mortgage on a portion of the premises which premises total approximately 3,252 square feet. D. Hutchinson desires to acquire the Property for redevelopment purposes and the consent of Minnesota is required to complete the transaction and further, time is of the essence. NOW, THEREFORE, in consideration of the mutual promises made by the parties and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Minnesota • -1- and Hutchinson agree as follows: 0 1. Sale and Release. Minnesota grants to Hutchinson the exclusive right to purchase Minnesota's interest in the above described property, in exchange for the total sum of $4,878.00. 2. Title. Minnesota does not guarantee, warrant or assure title in any way. Minnesota's interest shall be conveyed by either a release of mortgage or, at the option of Hutchinson, a quit claim deed. Further, Minnesota makes no representations, warranties, guarantees or assurances regarding the presence or absence of any environmental contamination on the property and releases or transfers its interest in the property on a "AS IS" basis. 3. Closing Date. The date of closing shall be August 1, 1992 or such other date as the parties may mutually agree upon, and in the absence of any agreement, the date of closing shall be 30 days after written notice from Hutchinson-to Minnesota. Date: STATE OF MINNESOTA By: Date: Its CITY OF HUTCHINSON By: Its Attest: City Administrator -2- • STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) On this day of February, 1992., personally appeared before me a Notary Public of the State of Minnesota, Department of Transportation, and who executed the same on behalf of the State of Minnesota. Notary Public STATE OF MINNESOTA) ) SS. COUNTY OF MCLEOD ) On this day of February, 1992, personally appeared before me a Notary Public, Paul L. Ackland and Gary D. Plotz, Mayor and City Administration for the City of Hutchinson and who executed the same on behalf of the City of Hutchinson. Notary Public This instrument was drafted by: G. Barry Anderson •' ARNOLD & McDOWELL 101 Park Place - Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X • -3- C M E M O R A N D U M TO MAYOR AND CITY COUNCIL FROM JIM MARKA. BUILDING OFFTCIALf} ` _ a fir! RE BUILDING DEPARTMENT SECRETARY The Building Department has contracted with the Secretarian for the past year and a half fur part time secretarial services. It is apparent that the need for a part time secretary in the department is long term. I recommend that this now become a permanent part time position, resulting in no added cost or expense to'the city. • The contract worker from the Secretarian fNariiyn Swanson) has proven herself competent during the past year and a half. The position was also posted in city departments during January to any city_piployer_the , opportunity _ to_.express interest. Since no other expression of interest has been received, therefore recommend Marilyn Swanson be offered the position of part time building department secretary. Att: Job description City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, R7i ;?nesotn 55350 - Printcd on n•; uc lei Paler - Police Department 10 Franklin Street South (612) 587 -2242 �' February 6 1992 TITLE SECRETARY, PART TIME 'obdes60 12-91 DEPARTMENT BUILDING - (ENGINEERING) -35- SUPERVISED BY BUILDING OFFICIAL (DIRECTOR OF ENGINEERING) SUMMARY THIS IS SECRETARIAL AND RECORD KEEPING YORK IN CITY OFFICES DUTIES AND RESPONSIBILITIES 1 Assists with Building Department procedures. a Assists applicants and processes applications for permits (building, sign, mobile hose installation, dewolition, moving, plumbing). Sends out billings and collects permit fees. Checks permit fee calculations or determines permit fees in absence of building official. b Records all transactions in permanent record books and computer. Maintains permit files. Maintains plan files on all active permits. c Prepares and mails monthly building report. Prepares monthly plumbing report. Prepares quarterly surcharge report for council approval and mailing. Prepares end of year reports on all permits ' issued. e an ispa liuiIding official 'on' --- - inspections as requested by contractors. e Prepares correspondence, reports and miscellaneous material as required. 2 Assists full time secretary for Engineering Department. Assists in mailings for project hearings and assessment hearings, typing of specifications and copy work as needed. 3 Performs related duties required. EQUIPMENT Typewriter, copy machine, calculator, computer, word processor, telephone. DESIRABLE Q'IALIFICATIONS Post high school and computer training.. High degree of accuracy in record keeping. Ability to work under pressure and meet deadlines. Familiarity with city policy and procedures. Good communications skills in dealing with the public. 'WORKING CONDITIONS Office conditions. Public contact. Part -time position. Normal work week up to 24 hours - 8 a.m. to 5 p.m. Hours may vary as schedule requires. 9- Hutchinson Community Development Corporation Board of Directors Friday; January 3, 1992 Chamber Meeting Room Directors Present James Bullard • Chairman John Mlinar Phil Graves Larry Graf Carol Haukos Larry Fraser William Craig Others Present John Bernhagen -Exec Director MINUTES The meeting was called to order by Chairman Bullard. Motion was made by Graf, seconded by Mlinar and carried to approve the minutes of December 6, 1991. Motion was made by Fraser, seconded by Graf and carried to approve the minutes of December 17, 1991. Motion by Mlinar, seconded by Graf and carried to approve the Treasurer's Repoit. Motion by Graf, seconded by Fraser and carried to approve the action taken by the Chairman and Executive • Director to purchase three Industrial Park Directional Signs to be erected by the city as per state guidelines end the signs were purchased from calendar 1991 HCDC budget funds. Bullard, Haukos and Bernhagen reported on the Phase I & II project indicating there Is continued progress but Phase .11 developer's agreement and acquisition will not be completed until, at the earliest, !ate Jan tary. Bernhagen provided a summary of the year end 1991 Work Plan. The Board of Directors will finalize the 1992 work plan items at the February board meeting. The directors are to forward objectives tc Bernhagen. Bernhagen is to contact the city administrator, Mayor and -,city department heads for suggestions. Bernhagen reported about the work: in progress for the windows in the butch Hotel and thal the !can as approved by the Finance Committee is being processed. Bernhagen was asked to investigate state law pertaining to setting up a taxing district for supporting a Main Street program. There being no further business, the meeting was adjourned. • February 12, 1992 TO: Mayor & Council FROM: Dolf Moon, Director Parks & Recreation SUBJECT: LAWCON Outdoor Recreation Grant Resolutions The Minnesota Park and Recreation Association is asking Minnesota communities to endorse their effort to lobby the Minnesota Legisla- ture to continue funding levels and possibly increasing funding levels for LAWCON and outdoor recreation grants. • Since Hutchinson has been the recipient of these grants, I feel every effort to maintain or increase funding levels will benefit our community. /mjs • City Hall 37 Washington Avenue West (612) 587 -5151 Parks G Recreation 900 Harrington Street (612) 587 -2975 Police Department 10 Franklin Street South (612) 587 -2242 Hutchinson, Minnesota 55350 -P','r 'dnrirr_ucledpm'rr- /0- A RESOLUTION NO. 0 EXTRACT OF MINUTES OF MEETING OF THE MINNESOTA HELD ON FEBRUARY 1992 Pursuant to due call and notice thereof, a regular meeting of the (Board /Commission / Council) of (City /County), Minnesota, was duly held at the Vocation) in said municipality on the (day) of February, 1992, at (time). The following (Board /Commission /Council) members were present: Introduced the following resolution and moved Its adoption. RESOLUTION OF THE (Board /Commission /CouncY) OF (City/County), MINNESOTA, URGING THE EXPANSION OF THE FEDERAL LAND AND WATER CONSERVATION FUND PROGRAM WHEREAS, the Federal Land and Water Conservation Fund Program LAWCON has provided greatly needed grant assistance for local government and state outdoor recreation and open space projects WHEREAS, In Minnesota almost $57 million In (LAWCON) funds have been provided for over 1,100 projects in every county and hundreds of cities and townships throughout the State. WHEREAS, the program supported by revenues from offshore oll leases and sale of surplus federal property does not cost additional tax dollars and has left an Important legacy for future generations. WHEREAS, In recent years the allocations available to local governments have been drastically reduced while the needs have remained as great as ever. • NOW THEREFORE, BE IT RESOLVED by the (Board/ Commission /Council) of (City/County), Minnesota, that the (Board /Community /Council) urges the increase in the allocation of LAWCON funds for local government and state park projects to help provide adequate outdoor recreation opportunities, acquire and protect open space areas and Improve the quality of Ida for present and future generations. The motion for the adoption for the foregoing resolution was duly seconded by and upon roll call being taken thereon the following voted via voice: Whereupon Bald resolution was declarad duly passed and adopted and was signed by the _ attested to by . Passed by the (Board /Commission /Councli) of this day of February, 1992 Attest: (SEAL) • M . (City/County), Minnesota /o- A U? $R III;: �:'i7 EXTRACT OF MINUTES OF MEETING OF THE MINNESOTA HELD ON FEBRUARY 1992 0 Pursuant to due call and notice thereof, a regutar meeting of the (Board /Commission /Council) of (City /County), Minnesota, was duly held at the potation) In said municipalky on the (day) of February, 1992, at (time). The following ( Board /Commisslon /Council) members were present: Introduced the following resolution and moved Its adoption. RESOLUTION OF THE (Board /Commission /Council) OF (City /County), MINNESOTA, URGING THE STATE OF MINNESOTA TO EXPAND THE FUNDING FOR THE STATE OUTDOOR RECREATION GRANT PROGRAM WHEREAS, the State has Invested over $50 million in local outdoor recreation projects, which has been matched by over $57 million In local government funds. WHEREAS, the State program has been significant Incentive to local govamments to undertake needed park acquisition and development projects. WHEREAS, the State program has helped accelerate renovation and replacement of facilities that did not meet the handicapped accessible standards. WHEREAS, parks play an Important role In many communities' economic development efforts by Improving the desirabihy of the community as a place to live and work. WHEREAS, the demand for State assistance through this program remains strong and that In 1991 only $1 mili• In State funds was available to help meet over $4 million In grant requests. NOW THEREFORE, BE IT RESOLVED by the (Board /Commission /Council) of (City/County), Minnesota, that the (Board /Community/Council) urges the State to continue and expand funding for the State's Outdoor Recreation Program to help local governments throughout Minnesota provide adequate outdoor recreation opportunities, acquire and protect open space areas and improve the quality of Ile for present and future generaUons. , The motion for the adoption for the foregoing resolution was duly seconded by and upon roll call being taken thereon the following voted via voice: Whereupon said resolution was declared duly passed and adopted and was signed by the and attested to by . Passed by the (Board /Cornrnfsalon /Counclll) of (City /County), Minnesota this day of February, 1992- (SEAL) / -A, • DO COMER (1914 1961) RONAIDJ Mc GRAW S'E ✓EN L WARD February 4, 1992 Arnold & McDowell Attorneys at Law 101 Park Place Hutchinson, MN 55350 Attention: G. Bar McGRAW & WARD, P.A. ATTORNEYS AT LAW SUITE 209 CITIZENS BANK BUILDING P o Box 96 HUTCHINSON. MINNESOTA 55350 Anderson fELEVNONE 612.58]. 3900 F A x 612 581 -959] Re: Agreement of Purchase & Sale - Hutchinson Farm Service • Dear Barry: Enclosed you will find the original and two copies of the Agreement of Purchase and Sale between Hutchinson Farm Service and the City of Hutchinson. Please have the city officials sign the original and two copies and return the original to our office for our file and one copy should be forwarded to Hutchinson Farm Service for their files. If you have any questions regarding this matter, please do not hesitate to contact our office. Thank you in advance. Yours very truly, Vmi � • RJM:gec Encs. IL') -A, 0 AGREEMENT OF PURCHASE i SALE THIS AGREEMENT, made and entered into this day of February, 1992, by and between Hutchinson Farm Service (hereinafter referred to as ( "Seller ") and the City of Hutchinson, a Minnesota municipal corporation (hereinafter referred to as "Purchaser"). RECITALS: A. Seller is the owner of personal property, namely, an elevator located at the corner of Washington Avenue and Adams -Bluff Street, Hutchinson, Minnesota, and located on property legally described as follows: Lots 3, 4 and 5 and parts of Lots 2, 9 and 10 of Block 47, Townsite of Hutchinson, North Half, McLeod County, Minnesota. • B. The Seller operates an elevator and mill facility under the name of Hutchinson Farm Service. C. Seller owns personal property including inventory, trade and business fixtures and miscellaneous personal property in connection with the business. D. Seller desires to sell and Purchaser desires to purchase the property,, except property listed on Exhibit "A" attached hereto and by reference made a part hereof. Ii'A1, 741EREE In consideration of the mutual promises herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Agreement of Purchase and Sale. The Seller agrees to sell the buildings located on the property except property described under Exhibit • "A" of this Agreement. (a) The building(s) shall be conveyed "as is" without warranties either expressed or implied. 10 --4 (b) Seller may retain fixtures and other items of • personal property listed on Exhibit ' A " incorporated as if fully set out; any items not so listed shall stay with the building(s) and title shall pass to the Buyer at date of closing by Bill of Sale. 2. Purchase Price. Seller agrees to sell and Purchaser agrees to purchase the aforementioned property for the total purchase price of Ninety Thousand and no /100 ($90,000.00) Dollars. 3. Payment of Purchase Price. The purchase price, as determined above, shall be paid in the following manner: $ 10,000.00 as earnest money upon the execution of this Agreement by Seller and Purchaser; $ 80,000.00 cash on date of closing which shall be June 1, 1992, unless mutually agreed between the parties to be at an earlier date. There shall be no interest on the unpaid balance. 4. Date of Closing. The closing will be held at the office of Arnold 6 McDowell, 101 Park Place, Hutchinson, Minnesota 55350 on or before June • lo 1992. 5. Business Pending Closing. Seller will continue the operation of the business on its present site from the date of signing this Agreement until the date of closing. 6. Risk of Ownership and Adjustment of Purchase Price. The risk of ownership of the Property which is the subject of this Agreement will pass to the Purchaser upon the transfer of said Property whenever accomplished by Bill of Sale and Purchaser shall not be liable for any damage or injury to or for loss of any said Property prior to such date. Seller shall continue to insure the Property for loss of any said property prior to such date (closing). • -2- • Seller shall continue to insure the Property for all purposes including, but not limited to, liability issues and be responsible for any envionmental claims until date of occupancy and change of ownership. If the Property should be destroyed prior to closing,, the insurance proceeds or benefits that result from any insurance coverage maintained by Seller shall be for the benefit of Seller. 7. Payment of Real Estate and Personal Property Taxes. Real estate taxes and personal property taxes due and payable in 1992 shall be the responsiblity of Purchaser. In addition,, Seller has paid the rent to Dakota Rail for one (1) year and Purchaser shall reimburse the Seller for any months wherein they are not in possession. Since the payment has already been made to Dakota Rail, this will require a reimbursement payment to Seller at the time of closing. • S. Date of Possession and Date of Closing. Seller agrees to deliver possession not later then June 1, 1992. 9. No Agents. Seller and Purchaser warrant to the other that no one claiming under them is entitled to a real estate commission by reason of this Agreement of Purchase and Sale. Each agrees to indemnify the other from any claims of real estate commissions incurred by reason of their acts in regards to this Agreement. 10. Bill of Sale. The Seller shall execute a Bill of Sale for the personal property at date of closing. 11. Demolition. Seller shall keep the structure in a secure condition at all times. The parties understand that Seller intends to sell the items of personal property and fixtures that are noted on Exhibit "A" and that as n LJ -3- a result of the removal of some of those items, I the condition of the property will not be in the same condition as at the time this Agreement was entered into. Seller will make every effort to keep the property in a safe and secure manner and not leave it in a dangerous, unsightly or unsafe condition until date of closing. 12. No Liens or mortgages. Seller agrees that the transfer of title to the property shall be free and clear of all liens, Mortgages or debts of any kind or nature. 13. Assignment. Neither party shall assign this Agreement or any of the rights or obligations hereunder without first obtaining the prior written consent of the necessary party. 14. Entire Agreement. This Agreement contains all of the agreements, terms, convenants, conditions, warranties, and representations made or entered into by and between the parties, and supersedes all prior • discussions and agreements, whether written or oral, between the parties and constitutes the sole and entire agreement between the parties with respect thereto. This Agreement may not be modified or amended unless such modification or amendment is set forth in writing and executed by all parties hereto. IN WITNESS Lam, The parties hereto have caused this Agreement to be signed the day and year first above written. • -4- « . . :. By Paul L. Ackland Its Mayor and Gary D. Plotz Its C ty n strator State of Minnesota: ss County of McLeod: On this 4-14 day of February, 1992, personally came before me James 0 Warnke and Steven Duesterhoeft, the President and Secretary respectively of HLITCHINSON FARM SERVICE, an association duly organized and existing under and by virtue of the laws of the State of Minnesota and to me known to be the persons who executed the foregoing instrument, and acknowledged that they executed the foregoing instrument as such officers as the act of said association,, by its authority. R. J. Me6RAW NOTARY PUGUC - 41NNE90TA MCLEOD COUNTY � 103 State of Minnesota: My Commrw^ F+w k �' ss County of McLeod: On this day of February, 1992,, personally came before me Paul L. Ackland, Mayor and Gary D. Plotz, City Administrator, of the CITY OF HUTCHINSON, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Minnesota, and to me known to be the persons who executed the foregoing instrument and to me known to be such Mayor and City Administrator of the municipal corporation and acknowledged that they executed the foregoing instrument as such officers as the act of said municipal corporation,, by its authority. • 512 •'11'x• � :+• �' ' 7@ 1 - i;-JY 2 6 ton Jacobson vertical mixers /incl. Hunter feed leg - 30' high w/5 HP motor 2 30 HP motors - explosion proof 1 Model 2400 AJACS Hamnermill /75 HP motor /explosion proof w /crusher /motor and magnet with starter assembly plus other motors 1 blower - fan and motor plus extra motor for blower with starter and amp meter 1 P-240 Pulverator mill w /60 HP motor and compensator starter and amp meter and magnet 1 air compressor w /motor 1 Cradle hoist w /motor and remote expl. proof reversing type switch assembly 1 Howe Weigh Buggy and 2 small platform scales Digital Units (Driveway and hopper scale) plus load cells under scales 9 25+' 4,000 cap. 2 EZY tilt feed carts plus aluminum walk board 1 Turbine twin vacuum cleaner Dockage testers and grain buying accessories 1 16 ton cap. Schuld feed bin w /motor - auger and equipment 1 25 ton cap. Molasses tank (upright) 1 3,300 bu. Butler steel bin 1 10,400 Bu. Chief steel bin w /load out equip. (vent fan and • Sude *sweep auger) 1 8,600 bu. Circle Steel grain bin w /clay leg 57' high /ladder 1200 bu. 1 2,000 bu. overhead holding bin over the drier 1 10" x 24' U- Trough crass auger to the drier 1 30' x 4" grain auger /motor 1 P-20 Driall continuous flo grain drier w /Hi Lo speed system 40 H.P. and various smaller motors /gas drier 1 8" x 55" Feterl Grain Auger w /PTO 1 6" x 27' Allied Grain Auger w /motor /gasoline 1 14' Rapat portable sack conveyor /electric 1 Molasses delivery unit on wheels approx. 3 T cap. 1 Cardinal Jr. Portable Paddle /Chain ear corn conveyor Williams Tempomatic Gas Furnace Carrier Air Conditioner/Wall unit Oasis Water Cooler (drinking water) Some new 8' floureacent light bulbs shelving in office w /wall standards and brackets All office equipment and furniture - testing furniture Oliver 88 tractor w/ROyker loader 1976 Chevrolet truck w/hoist and PAMCO bulk box (1967) and equipment 366 cam engine 1979 GMC tandem truck w/hoist and PAMCO bulk box (1974) and equipment 427 gas engine /10 speed Fanning mill Clipper X47 3HP motor • Slurry seed treater Inventory Supplies and Feed SUPPLEMENTAL AGREEMENT NO. 1 • This Supplemental Agreement is made and entered into on this 13th day of February, 1992, by and between Hutchinson Farm Service ( "Seller ") and the City of Hutchinson, a Minnesota municipal corporation ( "Purchaser "). RECITALS: A. The parties hereto have entered into an Agreement of Purchase and Sale dated February 4, 1992; B. Subsequent to the execution of the Agreement of Purchase and Sale, several additional questions and issues have arisen which have now been resolved by the parties; C. The parties desire to reduce to writing the additional agreements between the parties. NOW THEREFORE, in consideration of the mutual promises herein • contained and for other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Salvage and Removal of Personal Property Seller shall be permitted to remove the equipment, fixtures and property attached as described on Exhibit " A " attached to the Agreement of Purchase and Sale dated February 4, 1992. Seller shall not remove any such property that may be attached to or connected with asbestos containing material. Seller shall not in any way disturb, remove, fracture or damage asbestos containing material. Seller shall remove, prior to June 1, 1992, all moveable personal -1- property, including chemicals, fertilizer and other substances used in Seller's business. Seller understands and agrees that ownership of any property described on Exhibit " A " shall pass to Purchaser effective June 1, 1992 and Purchaser may dispose of said property in any manner selected by Purchaser after that date. 2. Insurance Proceeds. Seller shall continue to insure the property for all purposes including, but not limited to, liability issues and be responsible for any environmental claims until date of occupancy and change of ownership. If the property should be destroyed or damaged prior to closing, any insurance proceeds or benefits resulting from any insurance coverage maintained by Seller shall be for the benefit of Seller and shall be paid to Seller. If the amount of such proceeds is less than the total compensation to be paid by Purchaser under the Agreement of Purchase and Sale, • Purchaser shall pay the difference. If the proceeds paid from any such insurance coverage exceed the total compensation to be paid under the Agreement of Purchase and Sale by Purchaser, then, in that event, Purchaser shall be relieved of the obligation to make any additional payment and title shall pass as if full payment had been made. Dated: HUTCHINSON FARM SERVICES By: James Warnke, Its President By: Steven Duesterhoeft Its Secretary -2- • • Dated: STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) CITY OF HUTCHINSON By: Paul L. Ackland Its Mayor By: Gary D. Plotz Its City Administrator On this day of February, 1992, before me a Notary Public personally came James Warnke and Steven Duesterhoeft, the President and Secretary of Hutchinson Farm Service, an association duly organized and existing under the laws of the State of Minnesota and to me known to be the persons who executed the foregoing instrument and acknowledged that they executed the foregoing instrument on behalf of the association. Notary Public • STATE OF MINNESOTA) SS. COUNTY OF McLEOD ) On this day of February, 1992, before me a Notary Public personally came Paul L. Ackland and Gary D. Plotz, the Mayor and City Administrator of the City of Hutchinson, a municipal corporation duly organized and existing under the laws of the State of Minnesota and to me known to be the persons who executed the foregoing instrument and acknowledged that they executed the foregoing instrument on behalf of the municipal corporation. Notary Public -3- • RESOLUTION NO. 9661 RESOLUTION REVOKING A PORTION OF COUNTY STATE AID ROUTE NO. 12 • AND MAKING CHANGES IN THE FUNCTIONAL CLASSIFICATION WHEREAS, the County Board of the County of McLeod did adopt a resolution revoking a portion of 2.6 miles of County State Aid Highway No. 12, a portion of which lies within the corporate limits of the City of Hutchinson as follows: A highway centerline beginning at Truck Highway No. 15 at the Junction of Hain Street and 5th Avenue North in the City of Hutchinson; thence Westerly along 5th Avenue to the West City Limits of Hutchinson; thence Northwesterly and Northerly approximately 2.2 miles to a point at or near the Northeast Corner of Section 26, Township 117 North, Range 30 West, a total distance of 2.6 miles. and establishing an extension of 2.2 miles of County State Aid Highway 12 as follows: A highway centerline beginning at Trunk Highway No. 15 at the Junction of North High Drive and Main Street in the City of Hutchinson; thence Westerly and Northwesterly approximately 2.2 miles to a point at or near the Northeast Corner of Section 26, Township 117 North, Range 30 West. • WHEREAS, said Resolution of the County of McLeod also requests the following changes in functional classification: The functional classification of the alignment to be collector within the FAU of Hutchinson. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That all said alterations are in all things approved. Adopted this 13th day of February, 1992, by the City Council of Hutchinson, Minnesota. Mayor City Administrator /o- A • Pe r�� r� !:'; D I , _ - ame of Lu khorized Off i Cer of Of L'���ic -. BiC:t1 GaGi:lir.0 Organization E:i': ? ICA ?s G:; C.'.'`..TI' ;O r : iC LTC 1 �: c.ec Euilci n:- Fire Application shall be . _,i tted at holi ce __ -- 1 d s :a- i c to the Cant ".inc occasicn. J�Nl d -j- Cc p d .c L 7 F 7 Y- - -reby submit in duplicate this applications for a license to concuct the gave cf gamblingin accordance with the provisions of the City of iiutchi nson Ordinance NO. 615 and 1.1i r.nesota Statutes Chapter 349 for the license year ending SigT tares: Authorized Officer of Organization Designated Ga Ming 1• - of organization r.. The following is to be eo=pleted by the duly authorized officer of the organization: 1. True N-Pne: � ,��R Zc q1/L WYLIl S (last) (fir St) (cid:'.le) 2. Residence Address: / 21 Si �sl.,WA✓ /SS 1ilk 4. 140:2-' N A (street) (city) (state) (zip) 3. Date of Birth: 3_ 4. Place of Birth (mo /day /yea.:-) 5. Have you ever been convicted of any crime other than a traffic offense? Yes fro X . If Yes, e.-plain is E. The following is to be completed by the designated gambling manage of organization: 1. True Name: A44 S .r� A.✓ -,ro �J (last) (first) (middle) 2. Residence Address: Oe {street) (c it y) (state) (Zip) 3. Tate of ,7'J Eirth: 4 z/ 4. P3_ace of Bird , no Clay/year) (city /s 5. }:rve you ever teen ccr.vi. I- - trc`'fic of fe::se. Yes 1;a of any crize other 6. }:cw lord, he :'E: N•.G:1 Lea.-; a r C: :,:: cr arl.,at -on? 7. Ltt, -cli a co;.v of the c ricial r c-so lu't.icii C. official ac dcsigr.r ting, you C. Ca -e Ir :t'cr__tion: 1. F1 ace ti;;.erc ,�-1;? in de, ices x.-_11 he Lse.. /� �:��RU�R 2. Date or dates ga blir,g devices will be used _,2 (date and /or day( - 3. flours of the day garbli devices will Le used: °' .eel') From ✓213(: ` 1; to � .GC% A..1•;. 4. Maximum number of players ANN G A in e- 5. Will prizes be paid in money or merchandise? Y,! ►�,,QQ 6. Will refreshments be served during the time the gambling devices will be used? Yes No _ x If so, will a charge be made for such refreshmen•cs? Yes 110 D. 0: ganization Information: 1. Address wt ere regular neetings are held -%O 7. 2. Day and time of meetings gjjz:s - & D, f'rlt/ lh o.�ff� M 3. Is the applican organization er ani zed under the l aws of State of Minnesota? Yes lio 4. F.ow long has the organization been in existence? J ��Ag 4a. How many memberL in the organization? 5. What is the purpose c•f the organization? _ 6. Officea s of the Organization: Name Add.-'ess Title j � _7j G Al R JD ee, , v , ! .S'S3' 2,4 KmV j Q LJ ZA.) 2 fl R S e W w 4 c hl1-X ' Pt A,� 7. Give names of officers or any other persons paid for sarvices to the organization: 1 +ace address Ti tle X ,s Li. Oi'c::� ,_tl. In l ��'. `, L�� - ... (l�'r: L r. , ,: ei.) , J; a i 41,41; Al P k. 9 If t 0 rcaniza 4 c ca_ r e of i lc_ e nt 1nzurance to cczre..° tc t nlLyers i the evcrt Iry inju:-y is susta b pi players can ?c inn devices arc- L_ e6, or while on the 1?c-.nscc :uses, p1.e -se s ::.te the J,—le of Insurer any Policv No. 10. EaVe you (J:ana.ger & Officer) read, and cc you thoroughly un—erstand the provisions of all laws, ordir:snces, and re €ulation governing the operation. an us of g ar b ling de E. 11. Attach a list of all active nemb2rs of the organization. The following information is provided concerning r. fidelity bond given by the gambling manager in favor of the organization. 1. Name of bonding compa:.y 2. Address of bonding company 3. Amount and duration of bond 4. Application is hereby made for waiver of the bonding requirements. Yes tic I declare that the information I have provided on this application is truthful, and I authorize the City of hutchinscn to investigate the information submitted. Also, I have received from the City of Eutchinson a copy of the City Ordinance tic. 655 relating to gambli and I will familiarize myself with the contents thereof. Signature of authorized officer of organi Date ,� — / 'P — p o1 - Subscribed and sworn to before me a otary kublic on this /3�h Gay of 19 4a . Signature of Notary Public Commission expires on , 13 1 if I Subscribed F- sworn to before me a notary public on this day of 19 . Signature of Notary Public Commission expires on Security %umber: • ID Nu.aber: M' Lj DEBRA L ADAMS moTARY PuKc • mnMSO?A McLEOD COUNTY Loy C,mr"Skm Er; iAl t4ou I % lots OVA' W • DAVID ARN GARY D. , MCDOWE WPII STEVEN A- ANDERSON O, BARRY ANDERSON' STEVEN S. HOOF LAURA a- FRETLA.ND DAVID A. BRUEOOEMA.NT' PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY HICHARD O.MCOEE TIMOTHY W. FAFINSEI MARY E. HORROCES CATHRYN D. REHER February 11, 1992 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Star Midwest, Inc. /D.D. Cable Franchise Transfer Our File No. 3244 -92054 RESIDENT ATTOHNE W G. HARRY ANDERSO L Cable Partners, L.P. oT c0"..1 WILLIAM W- CAMERON RAYMOND C. I.ALLIER PAUL M. BEOICR CHARLES R.CARMICHAEL" 5661 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 600 -343 -4545 PAX(612)545 -L793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 3 9-2214 FAX (612) 369 -5506 1314 is • Dear Gary: On Wednesday, February 5, 1992, a meeting was held at the Hutchinson Fire Hall to consider a proposal by Moss & Barnett, a Minneapolis law firm, which would involve representing various cities in connection with a study of the financial feasibility and technical issues relating to the transfer of our present cable franchise to D.D. Cable Partners, L.P. I am enclosing for the Council's information, a copy of the registration for the meeting and as you can see, there were a number of communities represented at the meeting. The City of Hutchinson cable franchise does not expire for another couple of years. However, the City is entitled to conduct an investigation of the proposed franchisee to whom the franchise will be transferred and does have limited rights to reject a franchisee if the franchisee is obviously unsuitable. The kinds of grounds which would justify disapproval include lack of qualification on the buyer's part, refusal on the buyer's part to undertake franchise obligations, a failure on the part of the buyer to agree to lawfully imposed conditions, the possibility that the buyer might present a risk to the community of non compliance and general legal, technical and financial qualifications. • ABNOLD & McDOWELL ATTORNEYS AT LAW 101 PARE PLACE H UTCHINSON, MINNESOTA 55350 256 (612) 567 -7575 L PAX (612) 56) -4096 L �� 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MIN7NESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECTASI ST BY THE MINNESOTA STATE BAR ASSOCIATION /O r ' lk Mr. Gary D. Plotz February 11, 1992 Page 2 This is also a good opportunity to review the obligations imposed on the franchisee by the City franchise and to discuss minor modifications to the franchise agreement that might be helpful in securing approval of the franchise switch. I am enclosing for the Council's consideration a copy of the retainer agreement prepared by the law firm of Moss & Barnett. It would be the recommendation of the Cable Television Advisor Committee that this agreement be approve ad n�Fa oss arnett ermined by the City to re resent the Cit 's interests in t he overall review of the a ifications o f D .D. Cab a Pa rtners. The retainer agreement wou d Dot include specific items of negotiation between the City and the proposed franchisee, although I would be involved in those issues as City Attorney. • You should also be aware that the Minnesota Cable Communications Act and the Cable Communications Policy Act of 1984 contemplate that the franchisee would be required to pay reasonable attorney's • fees incurred in the review process. While there are no guarantees, it thus appears to be reasonable to expect that the financial commitment the City makes at the present time will likely be reimbursed at the time the review process is completed and the City approves the change in franchise. I did have a question regarding the City's obligation to Moss & Barnett if fewer than the anticipated number of communities were to sign up, and Moss & Barnett has confirmed and agreed that the maximum charge to the City will be the $1,250.00 specified in the retainer agreement. By separate correspondence (see enclosed) , I have corresponded with D. D. Cable Partners, L.P. and advised them that this review process is underway. The City Council should also be aware that we have undertaken a request for bids on the performance of a technical audit of the system which would not be included in the performance review by Moss & Barnett. I, at the present time, do not have an estimate of the expense of that item and the Council is not committed to the technical audit until it has reviewed the bids and awarded a contract. It was the Advisory Committee's feeling that a technical review of the system was important as it is apparent there are technical • problems in several different areas of the community. How serious Mr. Gary D. Plotz • February 11, 1992 Page 3 those problems are and how expensive they will be to correct at unknown at the present time. The only commitment the City f needs to consider at this moment is whether or not to the eview outlined in this correspondence for the cos of 0.00. You may recall that when th ise switch was approved from North American to Star, the City of Hutchinson was one of the few communities that demanded and received additional concessions in connection with that transfer. However, it is my opinion that we did not do an adequate job in terms of reviewing Star's ability to perform and had we known then what we know now regarding Star, there might have been some questions about whether or not to authorize the transfer in the first place. In any event, I would recommend that we enter into the agreement as outlined with the notation that a "cap" would be placed on the expense for legal services in the amount of $1,250.00. I would . anticipate billing the City an additional amount for legal services rendered by the City Attorney, but I would also agree that my bill would be paid out of proceeds made available by the franchisee, and not from City funds. Please do not hesitate to contact me in connection with any of these matters. Best regards. Very ARNO G.' B�! ry Anderson GBA:lm Enclosures • Ale t - DOo , f C*YiCL G a RY 1Zc ��cr c i C 1 / Y !' J i 1 v 1 yam♦ . Fi� ClOry E AD ✓ h'aa -7i) /7/1; TCf� 7 r7 4/1-14 s7 s C < i-�IC C'C.. 1�� 2[ 'S'O✓ v ���Qe'.vC�C ' /� i` v Ms. Sue Potter HCVN -10 105 2nd Avenue SW Hutchinson, MN 55350 Dear Ms. Potter: Thank you for contacting us about participating with other Minnesota communities in the review of the proposed sale of the cable system owned and is operated by Star Midwest, Inc., and /or its subsidiaries (hereinafter "Star "). I understand you or a representative of your community plans to attend an informational meeting we will be holding on Wednesday, February 5, 1992, at 7:00 p.m. in the Hutchinson Fire Station. For your review prior to that meeting, I have enclosed a draft of a Retainer Agreement for our services. We expect that a number of Minnesota communities will ask for our assistance relating to the sale and transfer. Our current estimate is that at least fifteen communities will retain our services. Consequently, we estimate that the shared cost for the general legal services (not specific to any one community) will be in the range of $1,200 - $1,500 per community. Other service that you may require involving unique matters, unresolved compliance issues with the franchise, nonpayment of franchise fees, attendance at public hearings and drafting of closing documents for your community would be done on a regular hourly basis. Moss 6 Barnett's Cable Communications department performs legal and consulting work at a blended rate, reflecting shared time between several attorneys and legal assistants, to keep the expense of the work at a reasonable level. On this basis, work done on an hourly basis would be at the average billing rate of $110.00 per hour. As you know, Minnesota law requires that Star request your community's written approval of the proposed sale. Minnesota law also permits your community to evaluate the impact of the sale on subscribers. We have developed a procedure which reviews the legal, technical and financial qualifications of a proposed new cable operator, in order to assist cities in • determining the impact of a cable system sale on subscribers. LAW Omcn MOSS & BARNETT A PROPIVIONAL A.SSOC1AMN • ,v.,Aw J. Mrwi rams 1 wm 4800 NORw CEHTER uncn.A, x. LV{ 1 Nln{ A. r {aoas rA T{IQ r. rGIDOiY I YAMA. XD.Y:X Y,L1tAa I. WD.Y YARIA G[LID nTINc AATY{ A. VANDO VD[T {DW A{D 1- Y.CYNI 90 SOUTH SEVENTH Sn EST rRG1 A. IOLLY ANN P4 Yryt{ DDP,. {. WW MAAGD S SI{VTIW 1YfY{M {. GMN .'IMCLIT I, rANNV.NDM xaWAID I CO. Awn {. ens,xALt MINNEAPOLIS, MINNESOTA 55402 -4119 NNZ .1 NAAAT M..ssls PAVE YAn Y.W. YIC XA6 J. AN.. 1{Ann{ {. mDICN NM DI w. ]CM MIV {{ Y = LrtA.. MANM1 -wM . TELEPHONE (612(347 -0300 RAMA. 1. { {LA{I OIAAL. e. ION. M. %MT Ml�m PNLLLt GAIN4LfY 11 {{Y { Lx mCN xWl A. GNN WAr A. — DYY 1{rr{n L WAYSOw TELEC mP 16121 339 -6686 uvM I. M.urwxr {.Aw T. GKMAw JAM. t 0 ADWr I nux0 wMM lGw D'Apulu corn um, {rrrPMCA Jdd P. J. WkOYlx ..A SMLLYD! PAUL D. M0,A,0 Dw M. WAGNG WSAn C. IrnIL'A �'IA{D L YDI. GWG L. SHAM Y. C A MY AWYN l NitfY DAM P. ){ Itx TIOY AI M. MLLM. RTYY.m wwnY n. rL'ry Dunn 1. O "n 347 -0448 rAUL r. YDU,m J. IMIN.ID CLAA[SCN WILWY A- Mw NR1ls D. YVIN DANf611. N D. P. w c M KK CNAnb A- PAISLIw. n. DAn r. sOlc{II WUN.M A YOT! V r W. MO. PMUP A PIAP y GUC{ I YAIrtIN Mllmll'S d.C! DIN. NUM{. JD A. O N J." N. N {NA=Y .p1AIp I. p1O1fD1, IOVIS 1. SlnTi DAV D M xLVI1Y SIAMIdY I..ASn January 30, 1992 Ms. Sue Potter HCVN -10 105 2nd Avenue SW Hutchinson, MN 55350 Dear Ms. Potter: Thank you for contacting us about participating with other Minnesota communities in the review of the proposed sale of the cable system owned and is operated by Star Midwest, Inc., and /or its subsidiaries (hereinafter "Star "). I understand you or a representative of your community plans to attend an informational meeting we will be holding on Wednesday, February 5, 1992, at 7:00 p.m. in the Hutchinson Fire Station. For your review prior to that meeting, I have enclosed a draft of a Retainer Agreement for our services. We expect that a number of Minnesota communities will ask for our assistance relating to the sale and transfer. Our current estimate is that at least fifteen communities will retain our services. Consequently, we estimate that the shared cost for the general legal services (not specific to any one community) will be in the range of $1,200 - $1,500 per community. Other service that you may require involving unique matters, unresolved compliance issues with the franchise, nonpayment of franchise fees, attendance at public hearings and drafting of closing documents for your community would be done on a regular hourly basis. Moss 6 Barnett's Cable Communications department performs legal and consulting work at a blended rate, reflecting shared time between several attorneys and legal assistants, to keep the expense of the work at a reasonable level. On this basis, work done on an hourly basis would be at the average billing rate of $110.00 per hour. As you know, Minnesota law requires that Star request your community's written approval of the proposed sale. Minnesota law also permits your community to evaluate the impact of the sale on subscribers. We have developed a procedure which reviews the legal, technical and financial qualifications of a proposed new cable operator, in order to assist cities in • determining the impact of a cable system sale on subscribers. MOSS & BARNETT A P� NAL A� Ms. Sue Potter • Page 2 January 30, 1992 In to put your community in charge of this process, we recommend that an Application, together with a notice of the process, be sent to Star at the earliest possible time. You may have already received notice from Star about the proposed transfer. Many communities believe Minnesota law requires that they must make a determination on the request for approval within thirty (30) days from the date of receipt of that notice. However, we believe a city cannot make a decision regarding the impact of the system transfer on subscribers until such time as the city receives information on the legal, technical and financial qualifications of the new cable operator. For this reason, your community's initial response to Star's request for approval of the transfer should make it very clear that the time period does not begin until the Application is fully completed and returned as directed in the Application. We have prepared an Application form and transmittal letter to Star, for this purpose. If you retain our services, these documents will be provided to you, as soon as possible, to begin the process of reviewing Star's request for approval of the sale. If you do wish to retain our services for either the general work, or the • general work and special work for your community, please indicate that by executing the enclosed Retainer Agreement and bring it with you to the February 5, 1992 informational meeting. If you are unable to attend the meeting and do wish to retain our services, please return the signed Retainer Agreement in the mail. We recommend that you not delay in light of the thirty (30) day time limit for response to Star. Please give me a call after you that we can review any questions or c choose to retain Moss 6 Barnett, we such as the Franchise, including correspondence, be forwarded for our process. have received the Retainer Agreement so omments that you might have. Should you request that all applicable documents, all amendments, and other relevant review in connection with the transfer Very truly yours, Adrian E. Herbst AEH /kmg 886ZKMG C� • RETAINER AGREEMENT REGARDING CONSULTING AND LEGAL ASSISTANCE FROM MOSS & BARNETT RELATING TO SALE AND TRANSFER OF CABLE TELEVISION FRANCHISE The undersigned understands that Moss & Barnett, a Professional Association, is retained by a number of communities that have cable television franchises with Star Midwest, Inc. or one of its subsidiaries (hereinafter "Star "). The services of Moss & Barnett have been engaged for the purpose of providing assistance relating to the review of a proposed sale and transfer of the cable television system owned and operated by Star and serving a number of communities throughout the State of Minnesota. Inasmuch as Moss & Barnett will represent a number of communities in Minnesota, the City of Hutchinson believes that it would be in its best interest to utilize the services of Moss & Barnett jointly together with these other communities. Further, the City of Hutchinson understands that Minnesota law provides certain authority to cities pursuant to §238.083, to review a proposed transfer or sale of the cable television system. This review requires the city to consider whether there may be an adverse impact on subscribers as a result of the proposed sale. In order for the City to evaluate the proposed transfer and to make such a finding, it will be necessary for the City to review the legal, technical, financial and character qualifications of the proposed new cable operator. In addition, the City may evaluate whether certain conditions relating to the performance of Star under the existing franchise have been met and complied with. The process required to review the legal, technical and financial qualifications of the proposed transferee may be similar in each of the Minnesota communities served by Star. The work to be performed by Moss & Barnett in assisting the City of Hutchinson and other Minnesota communities will include the following "general services ": 1. preparation of an Application form for the City to provide to Star and the proposed transferee for completion; 2. preparation of a Notice, with a request for response, to Star and the proposed transferee; 3. preparation of an Evaluation Report for the City, which will include evaluation of the legal, technical and financial qualifications of the proposed transferee and recommended action for the City. This 40 Evaluation will be based on the information furnished • in response to the Application form and will include a 'track record" check of the proposed transferee, as well as a financial review and evaluation of the responses furnished in the Application form. The general services will be performed in a timely manner and of good quality. Therefore, with respect to those matters that are general to all communities, the City of Hutchinson believes that there will be cost savings to the City in this review. However, the City also understands that there may be matters unique to the City of Hutchinson that may require further review or further assistance by Moss & Barnett. Those additional matters, which may be unique to the City of Hutchinson, include at least the following: 1. review of the City's existing Franchise Ordinance to determine whether there has been full compliance by Star with all terms and conditions; 2. financial information unique to the City; technical information unique to the City concerning the specifics of the existing cable system, upgrade or • changes contemplated; 4. a hearing in the City which may require assistance from or attendance by Moss & Barnett and, additionally, the preparation of certain closing documents which may include: a Notice of Public Hearing; b. a Resolution to make findings and to approve or disapprove of the proposed transfer; C. an Ordinance Amendment modifying the existing Franchise; d. an Acceptance Agreement to be signed by the proposed transferee, certain closing documents that must be reviewed, including payment of fees and expenses to the City, furnishing of insurance documentation, furnishing of a parent company guarantee and other or special requirements as may be specified under the City of Hutchinson's Franchise. Based on the foregoing, the City of Hutchinson desires utilizing the services of Moss & Barnett for general services. • The general services cost estimate, based on an understanding that Moss & Barnett will be providing similar services for other Minnesota communities (currently estimated at 15), will • be $1,250 per community. It is understood that the City's share of costs for service may decrease if more communities retain Moss & Barnett for these general services. The City of Hutchinson does does not _ (please indicate choice) desire the special or unique additional services for the City relating to the proposed transfer. The City of Hutchinson understands that the special or unique services to be performed by Moss & Barnett are provided at the average hourly rate of $110. A detailed cost estimate for special services will be provided by Moss & Barnett, at the City's request. The City of Hutchinson also understands that, in the sale or transfer of the cable system, there may be controversial issues involving noncompliance or other unanticipated matters that may be raised at a Public Hearing or otherwise brought up during the proceedings involving the transfer which are not contemplated at this time. If, at any time during the process, it becomes apparent that special negotiation assistance may be required to complete the transfer and to satisfy the needs of the City of Hutchinson, Moss & Barnett will advise the City of Hutchinson and the City of Hutchinson will then have the opportunity to review the negotiation requirements, cost for negotiation assistance and provide authority to Moss & Barnett to perform any such negotiation services as may be deemed • appropriate between Moss & Barnett and the City of Hutchinson. The foregoing represents an understanding by and between the City of Hutchinson and Moss & Barnett, a Professional Association. CITY OF HUTCHINSON DATE By 4282040 AEH /mfd Its MOSS & BARNETT A Pro si s is 'on By Adrian E. Herbst Shareholder 0 //-/I. REGULAR COUNCIL MEETING FEBRUARY 13, 1992 ------ --------- - - - - -- - - -- WATER & SEWER FUND 1991 Continental Safety items returned (20.00) 1992 *Withhold Tax Acct employer contribution 802.60 *PERA employer contribution 456.45 *Withhold Tax Acct employer contribution 838.66 *US Postmaster water bills 220.91 AMI Roto Rooter clean lift station 95.00 Bro Tex towels 110.37 Citizens Bank 5 savings bonds 250.00 City of Hutch Feb medical ins 2,883.07 City of Hutch Feb dental ins 337.81 Coast to Coast supplies 191.39 Electric Motor install bearings 72.54 Fadden Pump parts 46.26 Family Rexall fasteners 2.00 Farm & Home supplies 53.80 Feed Rite acid 914.51 Fisher Scientific cylinder 237.93 Fitzloff Hdwe paint 13.96 Floor Care towels & cleaners 82.30 • Fortis Benefits Feb LTD 116.44 G & K uniforms 160.40 General Repair Service pump parts 87.59 Global Equipment tool set 166.54 Gopher State One Call Jan service 28.54 Harris Mechanical preventative mtce 1,270.50 Honeywell equipment parts 684.01 Hutch Cenex gasoline 263.00 Hutch Leader ads 115.60 Hutch Telephone phone service 63.36 Hutch Utilities elec & gas 18,861.11 Hutch Wholesale drill set & tap set 141.61 Junker Jan refuse 58,887.84 Kaeding & Assc engineering services 1,200.00 L & P Supply oil 63.25 MN Dept of Revenue Jan sales tax 3,504.48 MN Mutual Life Feb life ins 49.14 MN Valley Testing tests 133.00 MPCA 3 registrations 210.00 Olsen, Diane Logis meeting 30.24 PERA employer contribution 470.66 Precision couplings 38.31 Quade Electric repairs & installations 551.72 Quast Transfer shipping 45.00 Serco Lab analysis 75.00 • Servocal strip charts 316.00 Share Corp citra creme 31.64 Sorensen Farm machine rent 75.00 //-/I. State Treasurer • SVEN Tri Tri County Water US Postmaster Water Env Fed Water Products • 11 CENTRAL GARAGE FUND 1992 *Withhold Tax Acct *PERA *Withhold Tax Acct Brandon Tire Carquest Champion Auto City of Hutch City of Hutch Coast to Coast Crow River Auto Fitzloff Hdwe Fortis Benefits G & K Hutch Fire & Safety Hutch Wholesale Jerry's Transmission J -Craft L & P Supply MacQueen Equipment MN Mutual Life Ins Pederson -Sells Equip PERA Plaza Hdwe Plowmans Safety Kleen Schmeling Oil Shoe Inn Snap On Tools Sorensen Farm State of Minnesota Sweeney Brothers Two Way Communications US Postmaster exam fee 15.00 replace sensor 289.00 salt 13.20 meter postage 145.70 2 memberships 110.00 water meter 7,344.00 TOTAL $103,146.44 employer contribution 102.39 employer contribution 58.23 employer contribution 99.43 tires & alignment 148.71 supplies 1,140.43 supplies 299.39 Feb dental ins 43.79 Feb medical ins 345.67 supplies 87.88 repairs 962.74 bit 8.99 Feb LTD 13.53 uniforms 52.56 first aid kits 60.00 supplies 335.64 equipment parts 749.37 dump body 8,778.00 switches 21.73 equip parts 302.31 Feb life ins 5.67 parts 40.88 employer contribution 59.96 supplies 39.89 parts & repair 159.25 towel service 122.50 fluid 103.75 repair seat cover 15.00 pliers 47.95 coupler 22.60 decals 48.00 lining & cutting edges 712.77 antenna kits 94.40 meter postage 7.25 TOTAL $15,090.66 • 11 • GENERAL FUND 1991 GAB deductible 3,424.16 Great Plains putty 1.89 G.F.Nemitz stain & varnish 6.15 Hanson & Vasek curb & gutter repairs 907.50 Kokesh bases 450.00 O'Day Equipment manhole 60.43 Quade Electric bulbs 38.90 TKDA professional services 47,134.20 1992 *Duluth Tech College reg- Q.Larson 165.00 *Withhold Tax Acct employer contribution 4,697.30 *DNR title fees 37.00 *DNR registration fees 456.00 *PERA employer contribution 4,775.98 *Withhold Tax Acct excise tax 17.57 *Duluth Tech College reg- L.Huhn 165.00 *DNR title fees 116.00 *DNR registration fees 359.00 *PERA employer contribution 57.42 *US Postmaster Feb newsletter 209.42 *Withhold Tax Acct employer contribution 5,066.17 A & B Electric labor 35.00 Ackland, Paul per diem 390.00 Ag Systems bolts 6.42 Albrecht,K.& Portele Elec housing rehab 225.00 Allen Office bulbs & supplies 165.26 Allied Mechanical fan motor & filter 166.73 Am Swedish Institute 46 admissions 92.00 Assc Training Officers 5 registrations 325.00 Automation Supply paper 36.66 Belcom Ind clean up kits 158.90 Bennett Office service contracts 133.77 Bethke,S.& Bonniwell Elec housing rehab 1,000.00 Big Bear welding rod 8.98 Black Hills Ammo ammunition 221.49 Brinkman camer repair & photos 135.60 Brown,A.& Kingway Plbg housing rehab 3,398.00 Brown's Floral employee party flowers 40.00 Bureau Criminal Appr services 240.00 Bus Records Corp mtce agreement 975.00 Camera Shop prints 12.02 Carr Flowers flowers 39.45 Cash Wise supplies 57.93 Chamber of Commerce office & equip rent 403.39 Chanhassen Dinner Theatre tickets 1,092.50 City of Hutch Feb medical ins 22,593.72 City of Hutch Feb dental ins 2,724.37 City of Hutch housing rehab 170.50 Coast to Coast supplies 266.65 Coast to Coast supplies 62.74 Continental Safety Equip safety belts 79.05 Country Kitchen prisoner meal 5.27 County Market groceries 28.77 County Recorder mortgage deeds 120.00 County Treasurer DL fees 117.00 Crow River Vet K -9 food & boarding 250.85 Culligan salt & service 33.43 Daak Refrigeration repair 93.98 Dairy Queen cakes 42.00 Emblem Enterprises patches 919.74 Erickson Oil headlights 19.15 Ericksons More 4 groceries 17.87 Family Rexall supplies 55.30 Farm & Home supplies 125.26 Fitzloff Hdwe supplies 459.93 Floor Care supplies 755.59 Fortis Benefits Feb LTD 982.16 G & K uniforms 530.69 Gander Ridge Guns pistol 350.00 Gov Training Sery 2 registrations 44.00 Great Plains lumber 183.75 Greenbriar plants 55.00 Grina, Lisa disks & film 28.04 Guardian Pest Control Jan service 19.25 Haarstad, Earl safety boots 30.00 Haasl, Jim reimbursement 18.80 Henry's Foods beverage packets 60.49 Huhn, Larry meal expenses 22.01 Hutch Cenex gasoline 3,629.94 Hutch Com Hospital laundry 25.65 • Hutch Fire & Safety inspections 296.85 Hutch Iron & Metal hitches & steel 56.39 Hutch Leader ads & publications 449.62 Hutch Plbg & Htg urinal 166.00 Hutch Public Schools bldg rent 209.00 Hutch Tech College arson course 375.00 Hutch Telephone phone service 2,441.34 Hutch Utilities claim payment 910.75 Hutch Utilities elec & gas 4,478.62 Hutch Utilities lights 1,865.78 Hutch Wholesale supplies 448.90 Ink Spots printing forms 374.64 ISIA test forms 31.81 Jerabek Machine drill holes 4.00 K Mart calculator 54.00 Karg, Larry safety glasses 80.00 Kokesh volleyball supplies 212.38 L & P Supply oil 6.55 Lake Harriet Florist funeral plant 28.00 Larson, Quentin meal expenses 24.79 LETN Feb service 288.00 Little Crow Sports shells 10.99 Loomis,L.& Hutch Plbg housing rehab 4,735.00 Mangan, Connie workshop expenses 88.63 Mankato Mobile Radio radio repairs 1,583.80 Marco cleaning pads 66.00 Marka, James safety glasses 73.00 Martin, G. reimbursement 10.00 MASWCD reg- J.Rodeberg 10.00 McCarthy,S.& Myron Rick housing rehab 1,702.40 McGarvey Coffee coffee 54.90 McGraw, Mark popcorn stand refund 50.00 McKay, Karen Logis training 13.42 McLeod Coop Power electricity 984.64 Meeker Sand sand 236.78 Merrill, Ken mileage 54.00 MN Assc Cemetery Officials dues 139.00 MN Blueprint repair of Xerox 310.00 MN Council Airports dues 25.00 MN Elevator elevator service 61.00 MN Mutual Life Ins Feb life ins 402.57 Motor Vehicle change of plates 60.00 MPTA dues 60.00 MRPA reg- D.Moon 20.00 Northern State Supply tools & nuts 118.57 Olson's Locksmith remove broken keys 52.00 Ordway tickets 1,046.70 PERA employer contribution 4,880.74 PERA -DCP employer contribution 28.71 Pikal Music video tapes 50.00 Plaza Hdwe supplies 9.13 Popp's Electrical install new motor 78.00 Quade Electric bulbs & repairs 234.19 Quality Car Wash wash 12.00 R & R Specialities blade grind 81.00 Ray Allen pager 13.13 Rice, Cal computer training 110.00 Schmeling Oil • kerosene 19.50 Science Museum 46 admissions 184.00 Secretarian services- M.Swanson 612.00 Security State Bank payment #22 231.80 Shoutz, Mark K -9 supplies 31.72 Sitz, Hazel trip refund 7.00 Smith,R.& Marty's Roofing small cities loan 9,425.00 Sorensen Farm anchor bolts & rods 20.49 Standard Printing purchase orders 198.01 Standard Spring repair 174.00 Star Cablevision Feb service 4.07 Star Tribune 1 year subscription 80.60 State of MN books 36.85 Streichers equipment 1,112.20 Sweeney Brothers knife set 387.98 Traf- O -Teria System keys 7.68 Tri County Water salt & rental 65.30 Triarco badge parts 101.23 Underground Grill meal expense 18.00 Uniforms Unlimited jacket 153.70 US Postmaster meter postage 641.73 US West Feb service 98.54 Wagner, Myrle shelter refund 15.00 Wahl, Orvis repair 161.00 Wheelers Unicycle Club demo 20.00 Wigen Motor decals 42.90 Willmar Tech College plumbing class 88.00 Xerox contract payment 329.80 TOTAL $156,960.96 • • • BOND FUNDS RURAL FIRE DEPT Big Bear Hutch Cenex shovel gasoline TOTAL 18.99 25.60 $44.59 YOUTH CENTER *Withhold Tax Acct *PERA *Withhold Tax Acct *Wakefield Prop Allen Office City of Hutch City of Hutch Coast to Coast Fortis Benefits Frito Lay Geyer Rental Great Plains Hutch Fire & Safety Hutch Hockey Assc Hutch Telephone Hutch Utilities H.H.S.Target Leadership Miller, Jeff MN Mutual Life Ins Olson's Locksmith PERA Pikal Music Store Plaza OK Hdwe Sears US Postmaster Viking Coca Cola 1980 TAX INC DEBT SERV employer contribution employer contribution employer contribution Jan & Feb rent furniture Feb dental ins Feb medical ins supplies Feb LTD supplies mirror ball rent lumber extinguisher concession stand telephone final billing skate rock equipment rental Feb life ins service employer contribution tv & vcr paint microwave meter postage supplies TOTAL Doherty,G.& Factory Direct HCDC loan Doherty,G.& Hexum Co HCDC loan Doherty,G.& Hutch Elec HCDC loan Smith,R.& Marty's Roof HCDC loan 1990 TAX INC CONST Hutch Utilities elec Arnold & McDowell legal fees TOTAL TOTAL 65.91 38.60 65.91 1,500.00 579.00 15.64 154.46 18.23 11.10 20.08 25.00 16.12 77.00 300.00 28.21 125.70 45.00 45.00 4.62 21.00 38.60 1,934.00 29.81 144.99 2.32 73.25 $5,379.55 603.80 500.00 1,100.00 3,575.00 $5,778.80 2.00 569.00 $571.00 0 BONDS 1991 Hutch Utilities 1992 TAX INC CONSTR *Evelyn Dobratz Willard Pellinen Arnold & McDowell LIQUOR FUND Chamber of Commerce City of Hutch City of Hutch City of Hutch City of Hutch City of Hutch City of Hutchinson City of Hutchinson City of Hutchinson City of Hutchinson Ed Phillips Friendly Beverage Griggs Cooper Hutch Telephone Johnson Brothers Jordan Beverage Lenneman Locher Brothers MN Dept of Public Safety MN Dept of Revenue MN UC Fund PERA PERA PERA Quality Wines Triple G Withhold Tax Withhold Tax Acct Withhold Tax Acct replace street lights option to purchase survey legal fees TOTAL dues lottery sales payroll lottery sales payroll lottery sales payroll lottery sales lottery sales water,sewer & refuse wine & liquor beer wine & liquor phone service wine & liquor beer beer beer buyers card sales tax unemployment employer contribution employer contribution employer contribution wine & liquor beer employer contribution employer contribution employer contribution TOTAL 253.69 100.00 200.00 3,152.50 $3,452.50 305.00 311.00 3,811.58 598.00 4,289.37 1,172.00 5,180.31 968.00 202.00 78.07 12,402.65 406.60 14,076.61 94.93 9,846.89 520.00 10,019.80 13,801.77 12.00 14,097.78 184.50 159.61 203.04 160.78 7,038.17 13,754.85 377.38 321.61 285.77 $114,680.07 J 0 FOR YOUR INJVMAILO-R MnDOT HIGHWAY IMPROVEMENT PROGRAM (1992 -97) JYutch�rison Area Smprovemen�s TRUNK WORK LETTING HIGHWAY LOCATION TYPE DATE 7 Hutchinson To Silver Lake Reconstruction 24 March 95 7/22 California Street to 5th Ave NE Major Construction 25 October 96 7/22 Shady Ridge Road to West 7/22 Junction Reconstruction 15 November 96 15 Main Street Traffic Lights /Striping Safety Capacity 27 March 92 15 TH 212 to Hutchinson Shoulder Widening Reconditioning 23 April 93 Regjonal Area Smprovemen�s TRUNK WORK LETTING HIGHWAY LOCATION TYPE DATE 12 Litchfield to Darwin Reconstruction 22 January 93 12 Darwin to Dassel Reconstruction /Bridge 22 January 93 12 Dassel Main Street Reconstruction 28 October 94 12 Dassel to Cokato Reconstrcution /Bridge 28 October 94 15 Buffalo Creek Bridge north of Brownton Bridge 23 April 93 15 Dassel Bypass to TH 12 Major Construction 26 June 92 From MnDOT District 8 / Fiscal Year 1992 thru 1997 / Report Date November, 1991 HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, January 6, 1992 The meeting opened at 8:15 p.m. Jeff reported the Firemen's Dance will be held from 8:30 p.m. -12:30 a.m. on January 18th. MIke reported April 18th Is the Spring Firemen's Banquet, details will be coming. Casey reported the Engineers meeting will be January 22nd at 7:00 p.m. The following bills and runs were read: BILL; • CITY AND RURAL BUDGET Electro Watchman Popp EIec Car Ouest Car Ouest Car Ouest Crow River Country Club Hutch Wholesale Hutch Wholesale Hutch Wholesale Clarey's Safety Equip Coast to Coast Coast to Coast Coast to Coast Motorola Wigens .Jamie Emans Bennett Office 144:40° 8rInkman 10.00 131.10 Popp Elec 66.94 < 12.95 Tom Pessek 31.60 3.57 Rutz Plbg & Htg 127.00 31.75 Two Way Comm 135.50 425.25 Two Way Comm 25.00 3.99 Hutch Wholesale 10.32 6.41 Hutch Wholesale 2.72 10.56 Hutch Wholesale 129.65 37.65 Hutch Wholesale 8.33 754 Hutch Wholesale 22.00 608 Hutch Wholesale 12.34 6.98 Hutch Wholesale 1.65 3,352.00 Hutch Wholesale 12.06 13.83 Coast to Coast 4.53 50.00 Hillyard Floor Care 60.30 20.15 Standard Printing 60.00 • Hutch Wholesale 82.80 John Reynolds 23.75 Am Test Center 595.00 Bruce Precht 32.00 B &S Industries 204.21 Orlin Henke 8.25 Schramm Imp. 14.54 Ed Homan 20.75 Cashwise 3.99 Jim Popp 2.25 Hutch Fire & Safety 11.70 Craig Reiner 150 Wesley Pharm. 2.29 CMFRA 20.00 Reinitz Garage Door 157.50 MN Fire Chief Assn 90.00 Brad Emans 31.25 MN Fire Dept Assn 165.00 Randy Redman 13.50 ISFSI 60.00 Steve Schramm 30.00 Bennett Office 10.00 Jim Brodd 29.00 Hager Jewelry 6.00 Jamie Emans 341.12 Total $ 6,569.13 GENERAL BUDGET Gary Henke 200.00 Jamie Emans 27.00 Hager Jewelry 30.00 More 4 15.23 Craig Reiner 45.86 Shopko 298.35 SIds Foods 18.58 Slds Foods 5.94 Hutch Tele 373.10 Uniforms Unlimited 57.75 Cashwise 110.46 Bob Schantzen 100.00 George Field 7.88 Gary Henke 100.00 Standard Print. 625.00 Northland 41.25 Northland 41.25 Hutch Park & Rec 200.00 Ins Agents Assn 40450 Wearguard 89.98 US Postmaster 29.00 Shelll Dobratz 9.08 Steve Schramm 10.00 Hager Jewelry 6.00 Jamie Emans 341.12 US Postmaster 1,100.00 Total E 4,446.14 Cashwise 158.61 1211 Rotzlen 12/7 Dolan 12/16 Jerabek • 1211 Ross 12/9 Hardees 12/19 Leader 12/2 3M 12/10 Maplewood 12/19 Leader 12/5 Howe 12/11 Jacobson 12/19 10 -52 N Runs Cont. 12/20 3M 12/29 Burns Manor 12/20 10 -52 12/2 Drill /Meeting 12/21 Dales Auto 12/9 Drill /Arson 12/25 Malchow 12/16 Arson 12/27 Hospital 12/23 Alarm Tour 12/28 Rickert A motion was made and seconded to approve bills and runs. Brad reported January 27, Regional meeting at Bird Island. Casey Stotts was voted on to full time permanent status effective 1/6/92. Steve reported he sold 15 pagers. Motion was made and seconded to donate pagers, chargers and Insta -alert • to the Historical Society. Randy reported I st Responder starts January 17 In Hutchinson. Randy reported FFI A Block starts January 21 In Glencoe and FIAM conference In February 15 and 16. Motion was made and seconded to sponsor a youth football team. Brad reported February 3rd meeting at VFW starts at 6:00 p.m. Social Hour. Brad reported 233 will be bid "as Is" no guarantees with bids being opened at Annual Townboard Meeting. Meeting adjourned at 9:30 p.m. Respectfully submitted, Bob Schantzen • HUTCHIN54N FIRE DEPARTMENT MINUTES OFFICERS MEETING Monday, January 13, 1992 Meeting opened at 10:15 p.m. Mike reported 238 rear springs will be rebuilt. 234 will get a 14 foot roof ladder to help at structure fires. The meeting adjourned at 10:25 P.M. Respectfully submitted, Bob Schantzen Secretary 0 FOR YOUR INFORMATION PIONEERLAND LIBRARY SYSTEM BOARD MEETING JAN. 13, 1992 The meeting was called to order by President Emery at 7:34 p.m. Roll was taken. President Ric Emery introduce John Houlahan, the new Director. New board members were also Introduced. Dolores Brunner was appointed Temporary Secretary. MOTION: to approve the Dec. 9 meeting minutes - Lacombe/Bohm - CARRIED Recommendation was made to table the financial report for 1 month. Report of the acting Director was enclosed in the packet with the following additions. New business: the CD of approximately. $12000.00 expires Feb. 11. Acting Director Kathy Matson asked for direction regarding renewal of CD. Mrs. Matson also asked for names of board members wishing to be members of the State Library Association. Sign up sheet sent around. Plans for the new Benson library were on display for approval of the grant request. MOTION To have the finance committee make a decision in that regard and be cognizant of past precedents in regard to percentage of interest. Also recommendation to make it for 6 months to one year instead of 2 years. KreieBaysin>ger. CARRIED MOTION: to approve payment of bills - LaCombe/Christiansen MLA Legislative Day will be held March 5 in St. Paul. Board members interested in going to the Capital for that day are asked to send in their own registration and also to inform Mrs. Matson so that she can arrange time with the Senators and Representatives and also for car pooling purposes. Several important financial items will be discussed that day including the 1993 increase approved by the Legislature. The Personnel Committee: recommended several additional changes in the Personal Policy.The additional changes are enclosed in the packets. MOTION: that we approve the additional changes in the Personal Policy. Kreie/Brunner • The Office of Library Development should be sending the State Aid check sometime in January. Other communications: 1. Board membership - Curtis Johnson was reappointed 2. Ric Emery was appointed to the Advisory Council to the State Lbrary Board 3. City of Fairfax wishes to withdraw from Pioneerland- Board requested Director Houlahan and Mrs. Mattson to meet with city council and discuss various itcros of concern. New Business: New officers for 1992 were elected as follows: Chairman: Ric Emery Vice Chairman: Nancy ALsop Secretary: Dolores Brunner Treasurer: Leroy Sanders Finance Committee Chairman: Arlen Lacombe Board members were requested to sign up for the various committees. Regardng the Canby/Clarkfield Reimbursement contract. Discussion and recommendation That it b a tabled until the new Director and Acting Director have a chance to meet with the officials involved. Approval of Leroy Sanders and Arlan LaCome as check signers. Approval of payng the MLA lobbyist contribution of $661.00 from earned income. Next meeting will be only Finance committee on February 10. Full Board meeting will be March 91h. Adjournment • 1. ATTENDANCE'FOR METING, JANUARY 13, 1992 - Present: Arlen LaCombe Representings Big Stone County Judi Bohm Chippewa County Dorothy Tebben Chippewa County Mark Dahl Chippewa County Laverna Birkland Kandiyohi County Howard Christiansen Kandiyohi County i Jan Kreie McLeod County Alvin T. Huff McLeod County Marie Schoener Meeker County John Miller Meeker County Gale Dahlager " Renville County Lorna Carlson Swift County Orville Rudningen Swift County Lois Anderson Yellow Medicine County Janet Johnson Yellow Medicine County Curtis Johnson Appleton Richard Baysinger Benson Noel Phifer Glencoe Sandy Casper Graceville Maxine Weinrich Granite Falls Dolores Brunner Hutchinson Nancy Alsop • Litchfield Kevin Mulder Renville LeRoy Sanders ' Willmar Ric Emery Willmar Avonelle Johnson Willmar Mary Lou Arne ' Willmar Absent: LeRoy Jans* Representing: LacQuiParle County Joanne Sneer* McLeod County Nancy Dickson* Renville County - Nancy Aaseth Bird Island John Nevins* " Dawson Judy Sampson* Fairfax Kelley Johnson Hector William Scherer* Hutchinson Howard Tengwall* Kerkhoven Melanie Lady* Litchfield John Schulstad " Madison Helen Mahnke* Olivia Monte Matheson* " Ortonvil'_e Also present: John Houlahan, Director Kathy Matson, Associate Director *Excused absence I