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cp11-24-1992 ci fIJ TCHI[T-3) 01\1 CITY CALENDAR VJEEK' OF November 22 To November 28 1992 V!EDNESDAY -25- 10:00 A.M. - Directors Meet at City Hall 2:00 P.M. - Open Bids at 1 City Hall for South Park Water Tower SUNDAY -22- THURSDAY -26- THANKSGIVING DAY I� �I M MONDAY -23- 9:30 A.M. - Meeting of Handicap Access Advisory Committee at City Hall 7:30 P.M. - Airpor.t,Commission Meeting at City Hall FRIDAY -27- ALL CITY OFFICES CLOSED TU�AY 5:15 P.M. - Council /Staff Budget Meeting at City Hall 7:30 P.M. - City Council Meeting at City Hall SATURDAY -28- VACATION: George Field - Nov. 23 & 25 AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 24, 1992 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Harold R. Biederman, Bethlehem United Methodist Church 3. Consideration of Minutes Regular Meeting of November 10, 1992 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - October 1992 2. Planning Commission Minutes of October 20, 1992 3. Hutchinson Housing And Redevelopment Authority Minutes of October 22, 1992 • 4. Hutchinson Housing, Inc. Minutes of October 22, 1992 (b) Report of City Investments (c) Application for Christmas Tree Sales Permit By Charles Pulkrabek (d) Application for Snow Removal Permit By Hansen Gravel Inc. Action - Motion to order report and minutes filed and issue permits 5. Public Hearing - 8:00 P.M. (a) Revocation of Intoxicating Liquor License for The Flyer Nite Club, Mark Gaarder, Operator /License Holder Action - Motion to close hearing - Motion to revoke liquor license (b) Intoxicating Liquor License Application for T. L. Scalawags, Inc., Tom Dolder, Owner and operator of Restaurant And Bar Located At 1150 Hwy. 7 West, dba The Flyer Nite Club • Action - Motion to close hearing - Motion to reject - Motion to approve and issue license CITY COUNCIL AGENDA - NOVEMBER 24, 1992 • 6. Communications Requests and Petitions (a) Presentation of Minnesota Shade Tree Advisory Committee Outstanding Volunteer Project Award Action - Motion to reject - Motion to approve and accept award (b) Discussion of City Fees for Use of Dog Pound At Crow River Veterinary Clinic Action - (c) Discussion of Proposed Reduction In Hours for Fire Marshall Position Action - 7. Resolutions and Ordinances (a) Ordinance No. 92 -73 - An Ordinance Of The City Of Hutchinson, County Of McLeod, State Of Minnesota, Incorporating And Annexing Certain Tracts And Parcels Of Land Into The City Of Hutchinson As More Particularly Set • Out In Said Ordinance (Hutchinson Technology, Inc.) Action - Motion to reject - Motion to waive first reading and set second reading for December 8, 1992 (b) Resolution No. 9843 - Resolution Establishing Location For Traffic Control Devices Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9844 - Resolution Adopting Miscellaneous Assessment Roll No. 282 Action - Motion to reject - Motion to waive reading and adopt (d) Resolution No. 9845 - Transferring $55,000 From Liquor Fund To General Fund Action - Motion to reject - Motion to waive reading and adopt • 2 • CITY COUNCIL AGENDA - NOVEMBER 24, 1992 (e) Resolution No. 9846 - Transferring Funds From The 1980 Tax Increment Debt Service Fund To 1982 Tax Increment Debt Service Fund, 1985 Tax Increment Debt Service Fund, And 1990B Tax Increment Debt Service Fund Action - Motion to reject - Motion to waive reading and adopt (f) Resolution No. 9847 - Designation of Depositories of City Funds In Institution Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of Updated Water /Sewer Billings for Country Club Terrace Mobile Home Park (DEFERRED OCT. 27, 1992) Action - 9. New Business • (a) Consideration of Delinquent Water And Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service • (b) Consideration of Hutchinson Ambassadors Donation of Three Hutchinson Signs to City of Hutchinson Action - Motion to reject - Motion to approve (c) Consideration of Park Board Recommendation Regarding Coborn's, Inc. Parkland Dedication Fee Action - Motion to reject - Motion to approve (d) Consideration of Settlement Agreement /Release Regarding Litigation Between Marcel Proulx vs. Roelln vs. City of Hutchinson Action - Motion to reject - Motion to approve and enter into agreement 3 CITY COUNCIL AGENDA - NOVEMBER 24, 1992 • (e) Consideration of 1993 Assessment Agreement Between McLeod County And City of Hutchinson Action - Motion to reject - Motion to approve and enter into agreement (f) Consideration of Municipal Liquor Store Items Action - Motion to reject - Motion to approve (g) Consideration of Route Alternatives for Snowmobile Trail Action - (h) Consideration of Installing Drain Tile On Airport Property Action - Motion to reject - Motion to approve (i) Consideration of Changes to Assessment Policy for 1993 Improvement Projects Action - Motion to reject - Motion to approve (j) Consideration of Entering Into Contract with Wold • Architects for Proposed New City Hall Action - Motion to reject - Motion to approve and enter into contract (k) Consideration of Conditional Use Permit Requested By Doug Rettke Located On Fourth Avenue NW with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9842 (1) Consideration of Sketch Plan Submitted By Roxanne Kokesh (Two Mile Radius - -Acoma Township) with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (m) Consideration of Final Plat of Acme Acres Submitted By Mike Rose (Two Mile Radius - -Acoma Township) with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection 4 0 • iCITY COUNCIL AGENDA - NOVEMBER 24, 1992 (n) Urban Expansion Boundary with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (o) Consideration of Conditional Use Permit Submitted By Dorin Adams (Two Mile Radius - -Lynn Township) with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (p) Consideration of Designated Overnight Parking Area In Two Municipal Parking Lots Action - Motion to reject - Motion to approve (q) Consideration of Payment to Hutchinson Telephone Company for Underground Telephone Cable At Phase II Development Site Action - Motion to reject - Motion to approve (r) Consideration of Flight School at Hutchinson Municipal • Airport -- Butler Field Action - 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 n U 5 s • • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 10, 1992 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen Craig Lenz, John Mlinar, Marlin Torgerson, and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Harold R. Biederman. 3. MINUTES The minutes of the regular meeting of November 10, 1992 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1992 2. PARK & RECREATION BOARD MINUTES OF SEPTEMBER 30, 1992 3. POLICE COMMISSION MINUTES OF SEPTEMBER 4, 1992 4. HOSPITAL /NURSING HOME BOARD MINUTES OF SEPTEMBER 15, 1992 (b) APPLICATION FOR SNOW REMOVAL PERMITS 1. ROLAND EBENT 4. DICK EWERT, JR. 2. EUGENE CARDA 5. DONALD HOLTBERG 3. RICHARD SMYKALSKI (c) APPOINTMENT OF CABLE FRANCHISE COMMITTEE 1. GARY D. PLOTZ 6. ROGER O'MALLEY 2. CLARENCE KADRMAS 7. DON HANSEN 3. JOHN MLINAR 8. MARK GUGGEMOS 4. G. BARRY ANDERSON 9. JO ANN STEARNS 5. GEORGE HALONEN The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to order report and minutes filed, to issue permits, and to ratify appointments. e�' 5. 6. 7 PUBLIC HEARING None. PY IYUJ\i �Sf l.fL)�i 0 (a) CONSIDERATION OF REQUEST FOR POLICE CHIEF TO ATTEND EMERGENCY MANAGEMENT SERIES COURSE IN MARYLAND Following discussion, Councilman Mlinar moved to reject the request. Motion seconded by Councilman Erickson and unanimously carried. (b) DISCUSSION OF SIDEWALK ORDINANCE BY STEVE AND BRAD WICK Following lengthy discussion of the City sidewalk snow removal policy, no action was taken to change the existing policy. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 92 -69 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive • second reading and adopt. (b) ORDINANCE NO. 92 -70 - AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTION 10.14 SIGNS The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive second reading and adopt. (c) ORDINANCE NO. 92 -71 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive second reading and adopt. (d) ORDINANCE NO. 92 -72 - AN ORDINANCE TO VACATE UTILITY EASEMENT IN FIRST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive second reading and adopt. • • CITY COUNCIL MINUTES - NOVEMBER 10, 1992 (e) RESOLUTION NO. 9838 - RESOLUTION FOR PURCHASE The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF 1993 HEARTLAND LEASE AGREEMENT FOR SENIOR DINING PROGRAM Following discussion, Councilman Erickson moved to approve and enter into agreement. Motion seconded by Councilman Lenz and unanimously carried. (b) CONSIDERATION OF SETTING PUBLIC HEARING FOR INTOXICATING LIQUOR LICENSE APPLICATION AT THE FLYER NITE CLUB, TOM DOLDER OWNER • Following discussion, Councilman Torgerson moved to approve and to set a public hearing for November 24, 1992, at 8:00 P.M. Motion seconded by Councilman Mlinar and unanimously carried. \J (c) CONSIDERATION OF WATER /SEWER BILLINGS FOR COUNTRY CLUB TERRACE MOBILE HOME PARK Finance Director Ken Merrill presented background infor- mation regarding the water /sewer billing procedure for the mobile home park. Mr. Bill Block disputed the accuracy of the billing and requested a credit. Following discussion, Councilman Mlinar moved to bring an updated summary to the next Council meeting. Motion seconded by Councilman Torgerson and unanimously carried. Mr. Block reported the storm shelter at the mobile home park was nearly completed and should be finished within the next week. Attorney Anderson recommended the work be completed by November 17, 1992, and the City would withhold further action on the court order until that date. 3 CITY COUNCIL MINUTES - NOVEMBER 10, 1992 • Councilman Torgerson moved to defer any action relative to the court order for one week. Motion seconded by Councilman Erickson and unanimously carried. (d) DISCUSSION OF SHOPKO PHASE I DEVELOPMENT, PETRO FUND ISSUES REGARDING OMAR COLLIS Following a presentation by the City Attorney, Mayor Ackland requested a report from Twin City Testing. No action was taken. (e) CONSIDERATION OF LONGEVITY RECOGNITION FOR CITY EMPLOYEES Following discussion, Councilman Erickson moved to approve the recommendation presented and to leave the amount flexible, with the Directors to make the decision. Motion seconded by Councilman Mlinar and unanimously car- ried. (f) CONSIDERATION OF ENTERING INTO AGREEMENT WITH ARCHITECTURAL FIRM FOR PROPOSED CITY HALL Following discussion, Councilman Erickson moved to approve and negotiate a contract with Wold Architects & • Engineers. Motion seconded by Councilman Lenz and unani- mously carried. (g) CONSIDERATION OF IMPROVEMENT PROJECT DEADLINE SCHEDULE Following discussion, Councilman Mlinar moved to approve and to waive reading and adopt Resolution No. 9840. Motion seconded by Councilman Lenz and unanimously car- ried. (h) CONSIDERATION OF DESIGNATING BUILDING OFFICIAL AS AMERICANS WITH DISABILITIES ACT COMPLIANCE COORDINATOR Following discussion, Councilman Lenz moved to approve. Motion seconded by Councilman Mlinar and unanimously car- ried. (i) CONSIDERATION OF AGREEMENT WITH STATE OF MINNESOTA REGARDING TECHNICAL CERTIFICATION FOR STATE AID PROJECTS Following discussion, Councilman Erickson moved to approve and to waive reading and adopt Resolution No. 9841. Motion seconded by Councilman Mlinar and unani- mously carried. 4 . CITY COUNCIL MINUTES - NOVEMBER 10, 1992 (j) CONSIDERATION OF OFF -SITE PREMISE PORTABLE SIGN ON INTERSECTION OF SCHOOL ROAD NORTH AND HWY. 7 WEST Following discussion, Councilman Torgerson moved to approve and to issue permit. Motion seconded by Coun- cilman Erickson and unanimously carried. (k) DISCUSSION OF MCLEOD COUNTY FAIRGROUNDS BUILDING AND BUILDING CODE ISSUE Building Official Jim Marka commented on some of his concerns regarding the fairgrounds. A presentation of the fairgrounds layout was given by Tim Ulrich and Jim Haugen. No action was required. (1) CONSIDERATION OF E.P.A. GRANT APPLICATION FOR YARD WASTE DIVERSION PROGRAM Administrator Plotz reported on the E.P.A. Grant and a community education class on composting which would be funded from SCORE monies. Councilman Torgerson moved to approve the grant applica- tion and to waive reading and adopt Resolution No. 9839. Motion seconded by Councilman Lenz and unanimously car- ried. Councilman Lenz moved to approve the composting class. Motion seconded by Councilman Mlinar and unanimously carried. (m) DISCUSSION OF FLIGHT SCHOOL AT HUTCHINSON MUNICIPAL AIRPORT -- BUTLER FIELD Ed O'Donnell requested permission to operate a flight school at the Hutchinson Municipal Airport -- Butler Field. The City Attorney will review the F.B.O. contract and current laws to determine if Mr. O'Donnell meets all the requirements of the City. Following discussion, Councilman Erickson moved to place the item on the agenda for the next Council meeting. Motion seconded by Councilman Mlinar and unanimously car- ried. (n) CONSIDERATION OF SETTING DATE FOR BUDGET MEETING Following discussion, Councilman Torgerson moved to set • November 24, 1992, 5:15 P.M., for the next budget meet - 5 CITY COUNCIL MINUTES - NOVEMBER 10, 1992 U ing. Motion seconded by Councilman Erickson and unani- mously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported on the election recount for the fourth district McLeod County Board candidates which was conducted in the McLeod County Auditor's Office. Mr. Plotz stated the property located by Shopko, which Realtor Frank Fay was interested in, will be appraised within the next two weeks. It was reported that Aagard West would be providing the City a $100,000 performance bond to cover its residential refuse contract. Administrator Plotz commented on the plans for the liquor store layout. A committee is working on the final plans. (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar inquired about a snowmobile trail • through town. He requested that a route be determined. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported a Notice of Oral Argument from the Court of Appeals was received regarding Junker liti- gation. The oral argument was scheduled for November 18, 1992, at 10:00 A.M. in St. Paul. (d) COMMUNICATIONS FROM DIRECTOR OF Engineer Rodeberg stated that pertaining to Festival Foods, there was no statement of responsibility for access from Jefferson onto Washington Avenue on the south side. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland inquired about the status of work on First Avenue NE. • 2 . CITY COUNCIL MINUTES - NOVEMBER 10, 1992 12. 40 CJ (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. There being no further business, the meeting adjourned at 10:28 P.M. 7 OCTOBER 1992 CITY OF HUTCHINSON FINANCIAL REPORTS OCTOBER 1992 27,813.00 YOUTH CENTER - "DRY DOCK" OPERATING SUPPLIES 246.00 OEVENUE 4,900.00 1,552.95 OTHER SERVICES & CHARGES 1,653.00 12,785.93 REPORT OCT. YEAR TO 0.00 BALANCE PERCENTAGE (133.34) ACTUAL DATE ACTUAL BUDGET REMAINING USED MEMBERSHIPS 0.00 0.00 0.00 0.00 ERR ADMISSIONS 511.00 1,615.00 863.00 (752.00) 187.1% VIDEO GAMES 0.00 0.00 800.00 800.00 0.0% POP 212.50 1,190.02 1,600.00 409.98 74.4% CANDY 123.35 693.70 1,000.00 306.30 69.4% CHIPS, ETC. 69.66 7,298.82 3,400.00 (3,898.82) 214.7% INTEREST 0.00 303.45 500.00 196.55 60.7% BLDG RENTS 0.00 0.00 0.00 0.00 FUND RAISERS 0.00 0.00 0.00 0.00 CONTRIBUTIONS 0.00 35,250.00 41,900.00 6,650.00 84.1% TOTAL EXPENSE REPORT 916.51 46,350.99 50,063.00 3,712.01 92.6% PERSONEL SERVICES 3,268.00 25,874.47 27,813.00 1,938.53 OPERATING SUPPLIES 246.00 3,347.05 4,900.00 1,552.95 OTHER SERVICES & CHARGES 1,653.00 12,785.93 11,600.00 (1,185.93) MISCELLANEOUS 0.00 633.34 500.00 (133.34) �APITAL OUTLAY 0.00 3,997.58 5,250.00 1,252.42 TOTAL 5,167.00 46,638.37 50,063.00 3,424.63 YOUTHCTR ATTENDANCE Y.T.D 19 DATES 470 2889 Includes 260 for Jr. High Homecoming Dance • 93.0% 68.3% 110.2% 126.7% 93.2% �/- -A - (1) OCTOBER 1992 RINUE REPORT - LIQUOR FUND LIQUOR SALES WINE SALES BEER SALES BEER DEPOSITS MISC. SALES INTEREST REFUNDS & REIMBURSEMENTS CASH DISCOUNTS TOTAL EXPENSE REPORT LIQUOR FUND CITY OF HUTCHINSON FINANCIAL REPORT - 1992 ENTERPRISE FUNDS OCT. ACTUAL 52,080.25 12,599.54 78,783.37 (43.17) 8,253.54 499.96 0.00 (173.49) YEAR TO DATE ACTUAL 375,304.81 94,304.93 657,096.17 (314.71) 49,925.27 12,267.24 0.00 (2,488.19) ADOPTED BUDGET 460,000.00 135,000.00 710,000.00 0.00 45,000.00 10,500.00 0.00 (1,500.00) OCTOBER 199 BALANCE PERCENTAGE REMAINING USED 84,695.19 40,695.07 52,903.83 314.71 (4,925.27) (1,767.24) 0.00 988.19 152,000.00 1,186,095.52 1,359,000.00 172,904.48 81.6% 69.9% 92.5% 116.8% 87.3% PERSONEL SERVICES 15,449.00 122,156.50 132,748.00 10,591.50 92.0% SUPPLIES, REPAIR & MAINTENANCE 134.00 1,404.48 3,350.00 1,945.52 41.9% OTHER SERVICES & CHARGES 4,942.00 38,591.04 38,600.00 8.96 100.0% MISCELLANEOUS 0.00 797.85 8,800.00 8,002.15 9.1% CAPITAL OUTLAY 0.00 0.00 1,000.00 1,000.00 0.0% TRA SFERS 0.00 0.00 120,000.00 120,000.00 0.0% C OF SALES 99,153.00 917,534.49 1,026,776.00 109,241.51 89.4% OT 110.00 1,004.72 4,500.00 3,495.28 22.3% TOTAL REVENUE REPORT - WATER SEWER /FUND RECYCLE BAGS WATER SALES WATER METER SALES REFUSE SERVICES REFUSE SURCHARGE SEWER SERVICES PENALTY CHARGES INTEREST EARNED S C 0 R E REFUNDS & REIMBURSEMENTS OTHER TOTAL EXPENSE REPORT - WATER SEWER /FUND RAE WATER SEWER 119,788.00 1,081,489.08 1,335,774.00 254,284.92 598.25 99,060.68 2,075.00 89,686.09 8,466.87 319,230.83 3,396.34 0.00 0.00 384.37 2,646.47 2,565.30 428,354.60 9,067.00 515,470.38 43,765.62 1,396,096.78 17,885.78 36,689.52 20,646.00 22,889.67 14,780.64 0.00 53V,800.00 8,000.00 666,000.00 0.00 1,504,000.00 15,000.00 160,000.00 0.00 3,000.00 2,000.00 (2,565.30) 103,445.40 (1,067.00) 150,529.62 (43,765.62) 107,903.22 (2,885.78) 123,310.48 (20,646.00) (19,889.67) (12,780.64) 525,544.90 2,508,211.29 2,889,800.00 381,588.71 11,358.00 648,202.21 774,816.00 126,613.79 38,503.00 440,094.74 760,750.00 320,655.26 40,424.00 1,155,995.94 2,014,561.00 858,565.06 81.0% 0.0% 80.5% 113.3% 77.4% 92.8% 0.0% 22.9% 0.0% 739.0% 86.8% 83.7% 57.9% 57.4% TOTAL 90,285.00 2,244,292.69 3,550,127.00 1,305,834.11 63.2% OCTOBER 1992 REVENUE REPORT - GENERAL FUND • TAXES LICENSES PERMITS AND FEES INTER - GOVERNMENT REVENUE CHARGES FOR SERVICES FINES & FORFEITS MISCELLANEOUS REVENUE CONTRIBUTIONS FROM OTHER FUNDS REVENUE FOR OTHER AGENCIES TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADM. /CITY CLERK ELECTIONS FINANCE MOTOR VEHICLE ASSESSING LEGAL PLWNG CI ALL RECREATION BUILDING POLICE DEPARTMENT FIRE DEPARTMENT SCHOOL LIAISON OFFICER BUILDING INSPECTION EMERGENCY MANAGEMENT SAFETY COUNCIL FIRE MARSHALL ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C LIBRARY SENIOR CITIZEN CENTER PARK /REC. ADMIN. RECREATION CIVIC ARENA PARK DEPARTMENT CEMETERY COMMUNITY DEVELOPMENT DEBT SERVICE AIRPORT TRANSIT ENERGY COUNCIL S. P. COORDINATRO UNARMCATED CITY OF HUTCHINSON FINANCIAL STATEMENTS 43,242.16 OCTOBER 199 6,277.84 1992 16,945.00 154,633.00 170,428.00 OCT. YEAR TO ADOPTED BALANCE PERCENTAGE ACTUAL DATE ACTUAL BUDGET REMAINING USED 500,000.00 1,075,108.55 1,804,470.00 729,361.45 59.6% 7,500.00 28,417.80 22,645.00 (5,772.80) 125.5% 27,783.41 189,585.02 122,400.00 (67,185.02) 154.9% 66,742.63 1,131,913.12 1,328,208.00 196,294.88 85.2% 280,622.84 706,977.80 697,348.00 (9,629.80) 101.4% 4,258.68 35,917.14 50,800.00 14,882.86 70.7% 26,283.52 209,276.16 134,195.00 (75,081.16) 155.9% 1,900.00 311,190.30 517,000.00 205,809.70 60.2% 1,761.74 2,002.73 250.00 (1,752.73) 801.1% 916,852.82 3,690,388.62 4,677,316.00 986,927.38 78.9% 4,013.00 43,242.16 49,520.00 6,277.84 87.3% 16,945.00 154,633.00 170,428.00 15,795.00 90.7% 218.00 4,697.78 10,400.00 5,702.22 45.2% 21,894.00 233,211.36 258,629.00 25,417.64 90.2% 10,812.00 83,182.83 75,027.00 (8,155.83) 110.9% 0.00 0.00 22,532.00 22,532.00 0.0% 3,230.00 35,662.35 43,800.00 8,137.65 81.4% 287.00 2,945.26 7,450.00 4,504.74 39.5% 3,690.00 36,314.00 47,626.00 11,312.00 76.2% 4,363.00 55,928.86 61,513.00 5,584.14 90.9% 101,118.00 896,805.00 1,096,460.00 199,655.00 81.8% 10,375.00 79,457.40 142,789.00 63,331.60 55.6% 3,955.00 30,904.16 34,686.00 3,781.84 89.1% 11,901.00 87,937.00 92,817.00 4,880.00 94.7% 0.00 (3,370.85) 1,750.00 5,120.85 - 192.6% 0.00 0.00 250.00 250.00 0.0% 4,774.00 45,331.00 51,335.00 6,004.00 88.3% 24,958.00 229,893.00 256,713.00 26,820.00 89.6% 31,362.00 359,448.00 431,035.00 71,587.00 83.4% 10,528.00 62,829.76 77,200.00 14,370.24 81.4% 441.00 73,927.12 78,069.00 4,141.88 94.7% 9,628.00 71,761.00 93,196.00 21,435.00 77.0% 11,172.00 70,049.28 113,845.00 43,795.72 61.5% 7,928.00 150,730.36 161,351.00 10,620.64 93.4% 18,737.00 110,492.00 126,967.00 16,475.00 87.0% 40,766.00 440,789.27 463,829.00 23,039.73 95.0% 5,585.00 50,694.14 63,412.00 12,717.86 79.9% 1,786.00 20,966.00 33,580.00 12,614.00 62.4% 700.00 14,000.00 43,235.00 29,235.00 32.4% 15,328.00 135,027.44 212,026.00 76,998.56 63.7% 11,777.00 96,675.06 115,074.00 18,398.94 84.0% 0.00 0.00 50.00 50.00 0.0% 29,633.00 250,808.00 41,129.00 (209,679.00) 609.8% 30,773.00 296,264.80 392,748.00 96,483.20 75.4% TOTAL 448,677.00 4,221,236.54 4,870,471.00 649,234.46 86.7% MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 20, 1992 CALL TO ORDER The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Dean Wood, Craig Lenz, Roland Ebent, E1Roy Dobratz and Chairman Gruett. Members Absent: Bill Craig and Roger Gilmer Also Present: Gary Plotz, City Administrator, John Rodeberg, City Engineer and Jim Marka, Building Official. 2. MINUTES Hr. Ebent made a motion to approve the minutes of the regular meeting dated Tuesday, September 15, 1992. Seconded by Mr. Lenz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RANDY ZELLMER, GEO. HORMEL CO, HWY 7 W, FOR CONSTRUCTION • OF LOADING AND UNLOADING CHUTES Chairman Gruett opened the hearing at 5:36 p.m. with the reading of publication i 4444 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering a conditional use permit requested by Randy Zellmer representing the George Hormel Co., to construct the addition of a 10' x 24' semi- trailer truck loading chute on the West end of the building and a 10'x27' pick -up /trailer unloading chute on the east end of the building located at 805 Hwy 7 West. City Administrator Gary Plotz explained the zoning and the request. The staff reviewed the request and the operation as it stands. He also read correspondence from neighboring property owners and a petition signed by several people objecting to the request. Lowell Baumetz, Modern Mazda a neighboring property owner and also producer commented he had no objection to the request. Hr. Randy Zellmer, manager of the buying station, commented on the history of the station and explained the need for the loading chutes to reduce congestion on the hill for loading and unloading. He stated they were . not increasing the size of the building only adding chutes for the convenience of the truckers. Mr. Zellmer also stated if clean up is the issue he would be willing to clean up more quickly. Z4, (Z) HUTCHINSON PLANNING COMMISSION MINUTES 10/20/92 Hr. Bud Daggett, Hutch Mfg., commented on his concerns with the operation expanding and the added odors. Mr. Baumetz stated the station is always clean when he is there. Hr. Zellmer stated the station is cleaned daily and there is a holding tank for the washed down manure. Hs. Virgene Joecks, Joecks Trucking, stated she has no objection to the new loading procedure as it would alleviate the congestion at the site. She also commented on the cleanliness of the building. • Hr. Baumetz commented on the cost to the producer of shipping the hogs somewhere else should Hormel leave Hutchinson. There was discussion of other sites to relocate the buying station. Hr. Harty Fox, Hog Buyer from Austin, commented on business in Hutchinson as a good business and the reasons for the loading chutes as convenience for the Hutchinson and surrounding area producers. Mr. Bob Kennebeck, HCDC, commented on the relocation of • the business and the issue of retaining business in the community. He stated HCDC will work with Hormel. Hr. Fox stated at this point Austin did not give any relocation choices. Hr. Lenz commented on the safety issue on the hill and the fact he was a neighboring property owner the odor was not a problem. Discussion followed on the Hwy 7 project. City Engineer John Rodeberg, commented on the early planning stages of the Hwy 7 project and that it will not affect the access on the north side of the highway. There was discussion on the side yard setback. John Rodeberg stated the setback is not an issue but a conditional use permit iS required in an I/C zone. Hr. Roger Stearns, Stearnswood Inc., commented on the traffic situation but has no problem with the buying station location. Discussion followed on the cleaning of the building. Hr. 2 • HUTCHINSON PLANNING COMMISSION MINUTES 10/20/92 • Fox stated the station is inspected by the State Department of Agriculture every 60 days. Hr. Ed Homan, McLeod County Zoning Administrator, stated Muriel Rumhold, Marshal, is the area feed lot inspector. Hr. Howard Brandon, neighboring property owner, stated he signed the petition because of the clean up and Hormel has improved that over the years. He stated the loading chutes would improve the efficiency of moving the traffic and also the facility waste would be less. Hr. Ebent moved to continue the hearing and instructed staff to work with the agency available dealing with environmental issues, possiblr the State or County, etc., seconded by Hr. Lenz the motion carried unanimously. (b) CONSIDERATION OF REZONING FROM I/C TO R -2 REQUESTED BY LOUIS KING, 116 MONROE ST Chairman Gruett opened the hearing at 6110 p.m. with the reading of publication #4445 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering a request by • the owner to rezone property from I/C to R -2 located at 116 Monroe St. City Administrator Plotz commented on the request by Hr. King to rezone for garage construction. Staff recommended approval of the request. Hr. Louis, 116 Monroe St, stated this is an addition to the house not a garage. Hr. Wood moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 6x17 p.m. Mr. Ebent made a motion to recommend approval. Seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY GEORGE LEE, 72 ARCH ST, FOR CONSTRUCTION OF 30' % 36' POLE BUILDING Chairman Gruett opened the hearing at 6 :18 p.m. with the reading of publication #4446 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering a request for a conditional use permit to construct a 30' x 36' pole building on a lot without a principal structure located 0 3 HUTCHINSON PLANNING COMMISSION MINUTES • 10/20/92 at 72 Arch St. City Administrator Gary Plotz commented on the staff recommendation. Mr. Lee commented on the size and the building construction according to staff recommendations. Building Official Jim Marka commented on the zoning ordinance restricting pole barns. Mr. Plotz commented on the elevation an the possible street improvements. Mr. Ebent moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:22 p.m. Mr. Ebent moved to recommend approval of the request provided the building is no larger than 1000 square feet and not a pole building. Seconded by Mr. Lenz the motion carried unanimously. (d) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE REGARDING BANNER SIGNS REQUESTED BY DOWNTOWN REVIEW COMMITTEE Chairman Gruett opened the hearing at 6:23 p.m. with the reading of publication #4447 as published in the . Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering an amendment to the zoning ordinance requested by the Downtown Design Review Committee regarding banner signs. City Administrator Plotz commented on the request and introduced Mr. Rich Westlund of the Downtown Design Review Committee to explain the proposal. Mr. Westlund stated the sign review, for downtown Hutchinson and the concern with temporafy banner signs becoming permanent. Hr. Lenz moved to close the hearing, seconded by Hr. Dobratz the hearing closed at 6:26 p.m. Mr. Lenz made a motion to recommend approval of the request. Seconded by Mr. Dobratz the motion carried unanimously. (e) CONSIDERATION OF VARIANCE REQUESTED _BY_ ROBERT GRAMBOW, 567 LYNN RD, FOR.DRIVEWAY SETBACK Chairman Gruett opened the hearing at 6 :27 p.m. with the reading of publication #4448 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering a request for a variance requested by the owner to reduce driveway setback from 4' to 1' located at 567 Lynn Rd. 4 HUTCHINSON PLANNING COMMISSION MINUTES 10/20/92 City Administrator Plotz explained the request and staff recommendation of a gradual transition. He also read correspondence for the Utilities Commission. Mr. Grambow commented on the present driveway and access to the street. There was discussion on runoff. Mr. Grambow commented on the drainage to the center of the driveway. Discussion followed on the one foot setback and the need for a survey. City Engineer Rodeberg explained the staff recommendation to angle the driveway. Mr. Lenz moved to close the hearing, seconded by Hr. Wood the hearing closed at 6s38 p.m. Mr. Lenz made a motion to approve the 1' setback from first 42' from Lynn Rd angling to the corner of garage from that point, also recognizing the utility recommendation of 10 -12 -92 and that the property be surveyed. Seconded by Mr. Ebent the motion carried unanimously. (f) CONSIDERATION FOR REZONING FROM I -1 TO I -2 REQUESTED BY CITY STAFF IN HUTCHINSON INDUSTRIAL DISTRICT AND 1ST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT • Chairman Gruett opened the hearing at 6 :39 p.m. with the reading of publication i 4449 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering to rezone property from I -1 to I -2 in Hutchinson Industrial District and 1st Addition to Hutchinson Industrial District requested by City Staff. City Administrator Plotz commented on the area to be rezoned to the new I -2 district, heavy industrial district and explained the area and land use. Mr. Ebent moved to close the - hearing, seconded by Mr. Lenz the hearing closed at 6143 p.m. Mr. Ebent made a motion to approve the request. Seconded by Hr. Lenz the motion carried unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LINDER BUS CO. TO CONSTRUCT A BUS WAREHOUSE Chairman Gruett opened the hearing at 6 :44 p.m. with the reading of publication ♦ 4450 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering a conditional 0 5 HUTCHINSON PLANNING COMMISSION MINUTES 10/20/92 use permit requested by Linder Bus Cc to construct a 135' x 180' bus warehouse located in 1st Addition to Hutchinson Industrial District. Mr. Plotz commented on the staff recommendation to hardsurfacing building floor and parking. Mr. Rick Linder, Linder Bus Co., stated the building will be closer than 150' to the roadway as staff recommended. He stated the move and the timing of the move will ■a* it difficult to hardsurface the floor where the bus will be parked but the wash down area will be hardsurfaced with a flammable wastetrap. Building Official Jim Marka stated it is a building code issue to hardsurface the building. Jay Johnson, Systems West, presented a floor plan of the building. He stated again the wash down area will be concrete floor with a waste trap and the remainder of the building will be a rock or gravel base. Parking will also be gravel or rock base. Discussion followed on the zoning ordinance requirement of all parking to be hardsurfaced. Mrs. Leslie Linder commented on the bus garages they • toured which were built recently have gravel floor. City Engineer John Rodeberg commented on the environmental issue. Mr. Linder stated there are no repairs done in the garage, only parking. There was discussion on the outside parking lot and surfacing the employee parking area at the present time. Hr. Ebent moved to close the hearing, seconded by Mr. Wood the hearing closed at 7x05 p.m. Mr. Lenz made a motion to approve the request recognizing staff recommendation as follows: hardsurfaced parking, 1 per every 2,000 sq. ft. (approx. 13 stalls) and the boulevard entrance, flammable waste trap, and move the building closer than 150' to roadway. The floor on the inside of the building is to be hardsurfaced over the next 5 years. Seconded by Mr. Ebent the motion carried unanimously. (h) CONSIDERATION OF VACATION OF UTILITY EASEMENT FOR CONSTRUCTION OF BUS WAREHOUSE LOCATED IN 1ST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT REQUESTED BY LINDER BUS CO. 6 0 • • HUTCHINSON PLANNING COMMISSION MINUTES 10/20/92 Chairman Gruett opened the hearing at 7:07 p.m. with the reading of publication i 4451 as published in the Hutchinson Leader on Thursday, October 8, 1992 and Tuesday, October 13, 1992. The request is for the purpose of considering a petition to vacate utility easements located in "Hutchinson Industrial District ". City Administrator Gary Plotz commented on staff recommendation of approval provided Hutch Utilities approves. Hr. Wood moved to close the hearing, seconded by Hr. Dobratz the hearing closed at 7:08 p.m. Mr. Lenz made a motion to approve the request. Seconded by Hr. Ebent the motion carried unanimously. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROBERT SANDSTEDE, 125 - 5TH AVE NW, TO MOVE GARAGE Chairman Gruett opened the hearing at 7 :09 p.m. with the reading of publication t 4452 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering a request for a conditional use permit to allow the owner to move a 24' x 36' garage on to property located at 125 5th Ave NW. City Administrator Plotz commented on staff recommendation to approve the request and presented pictures of the garage. There was discussion of the size and the cost to the owner of paying the moving of utility lines if any. Mr. Ebent moved to close the hearing, seconded by Mr. Lenz the hearing closed at 7:11 p.m. Hr. Ebent made a motion to approve the request. Seconded by Mr. Dobratz the motion carried unanimously. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD INC., FOR CONSTRUCTION OF 52' S 72' METAL BUILDING ADDITION Chairman Gruett opened the hearing at 7 :12 p.m. with the reading of publication i 4453 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering a request for a conditional use permit to allow the owner to construct a 52' x 72' metal framed and sheathed building attached to an existing concrete block building located at • 7 HUTCHINSON PLANNING COMMISSION MINUTES 10/20/92 Stearnswood Inc. City Administrator Gary Plotz explained the request and staff recommendation to approve. Mr. Roger Stearns, Stearnswood Inc., commented on the building code requirement being somewhat of a hardship and requested a year to finish the building. Mr. Lenz moved to close the hearing, seconded by Mr. Wood the hearing closed at 7,15 p.m. Mr. Lenz made a motion to approve the request. Seconded by Mr. Wood the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF FINAL PLAT OF "HUEBERT'S SUBDIVISION" SUBMITTED BY DAN HUEBERT, 2 MILE RADIUS, ACOMA TWP Mr. Ebent moved no objection to the plat, seconded by Mr. Wood the motion carried unanimously. (b) CONSIDERATION OF FINAL PLAT OF "HUEBERT'S SECOND SUBDIVISION" SUBMITTED BY DAN HUEBERT, 2 MILE RADIUS, ACOMA TWP Mr. Ebent moved no objection to the plat, seconded by Mr. Lenz the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY PLAT OF ACHE ACRES SUBMITTED BY MIKE ROSE, 2 MILE RADIUS, ACOMA TWP City Administrator Gary Plotz commented there was no change from the sketch and the staff recommendation. Mr. Ed Homan, County Zoning Administrator, commented on the flood elevation requirement of the county. Mr. Lenz move no objection to the preliminary plat, seconded by Mr. Ebent the notion carried unanimously. (d) REVIEW URBAN EXPANSION MAP SUBMITTED BY MCLEOD COUNTY 0 City Administrator Plotz commented on the staff concerns of one mile boundary especially in the south west portion of the city. • City Engineer Rodeberg commented on his concern with the 8 • HUTCHINSON PLANNING COMMISSION MINUTES 10/20/92 west side and on main routes into town having a two mile radius. Mr. Ed Homan commented on the cooperation with the townships and the comprehensive plan for the county going to two miles. He stated the townships are also concerns with flexibility of the radius. Building Official Jim Marka commented on his concerns with environmental issues and deferred assessments on the properties. Mr. Ebent moved to continue to work with the county on the Urban Expansion Area, city staff is to redefine boundaries and submit to Planning Commission next month, seconded by Mr. Lenz. (e) DISCUSSION OF PROJECT IMPROVEMENT DEADLINE SUBMITTED BY CITY ENGINEER JOHN RODEBERG City Engineer John Rodeberg explained the request to set . framework and deadlines for developers. This would alleviate the people coming in last minute on projects. • (f) CONSIDERATION OF VARIANCE REQUESTED BY STEVE FANGHEIER, 2 MILE RADIUS, HUTCHINSON TWP Mr. Ed Homan, County Zoning Administrator, commented with his concerns with the variance request stating there is no hardship. Mr. Lenz made a motion to reject the request, seconded by Mr. Wood the motion carried unanimously. (g) COMMUNICATION FROM STAFF NONE 5. OLD BUSINESS NONE 6. ADJOURNMENT There being no further business the meeting was adjourned at 8115 P.M. 9 • HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING OCTOBER 22, 1992 MINUTES I. CALL TO ORDER: 2:00 P.M. BOARD ROOM PARK TOWERS Chairman John Paulsen called the meeting to order. Members present -Don Erickson, Shirley Wass, Tammy Wendlandt and Lyle Van Hale. Members absent -none. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING SEPTEMBER 15, 1992 There being no additions or corrections, Don Erickson moved that the minutes be approved as mailed. Shirley Wass seconded and the motion carried unanimously. III. CONSIDERATION OF STATUS OF ACCOUNTS FOR PARK TOWERS PROJECT AND GENERAL FUND Budget status and monthly disbursements were reviewed. Shirley Wass moved that the financial statements be approved as submitted. Lyle Van Hale seconded and the motion carried • unanimously. IV. SECTION 23 /PARK TOWERS PROJECT 1. There are no rent receivables and there is one apartment vacant we are in the process of filling. 2. The CIAP architect contract was reviewed; the architect is requesting a fee of $28,409 for window replacement. The Director reported that in discussions with the architect, this amount is needed to provide the architectural services necessary for this project. The Director also reported that in the past, the architect was very prompt in submitting paperwork and the Director was happy with the service provided other than his cost estimate for reroofing was too low. Shirley Wass moved that we contract with PBA at a fee of $28,409. Tammy Wendlandt seconded and the motion carried unanimously. 3. Snow removal proposals were reviewed. Two proposals were received; Don Erickson moved that we accept the low proposal from Kurt Reiner. Shirley Wass seconded and the motion carried unanimously. V. OTHER BUSINESS 1. The Housing Task Force Memo Update and Recommendations was reviewed; the recommendation made was that a Housing and Community Development Coordinator position be shared by the HCDC and HRA. The HRA would need to contribute $9,804 • towards the salary of this position. Shirley Wass moved to approve the $9,804 for the shared coordinator position for 1993 to be evaluated at the end of 1993 but requested �-ri' �3� Page Two HRA Regular Board Meeting, October 22,1992 monthly reports from the Coordinator along with verification of a half -time HkA committment. Lyle Van Hale seconded and the motion carried unanimously. Another recommendation made by the Task Force dealt with location of HRA offices • within the new City Hall when remodeling is completed in 1994. The consensus of the Board was that such an arrangement should be pursued and would facilitate communication with City staff and the HCDC. 2. The Director reported that there are no tax forfeited lots available in Hutchinson right now that could be used in the Minnesota Communities Program. Don Erickson suggested that we contact Gary Haase to find out if he plans on building FMHA houses on the lots on Walnut Street. 3. The Director explained the Rental Rehabilitation Program is now being funded through MHFA and is a 0% deferred loan, completely forgiven after a five year period of compliance. MHFA will provide an administrative fee of $500 per selected proposal. It appears that the H?'..� could also assess a reasonable administrative fee to :he Owner of a project being rehabilitated. After disci sion, Don Erickson moved to approve up to a maximum $500 administrative fee be assessed. Tammy Wendlandt seconded and the motion carried unanimously. The HRA has also submitted a proposal to receive grant funding from MHFA to update our five year plan during 1993. The Director asked for resolutions to participate in both programs. Don Erickson moved that Resolutions be adopted to participate in the Rental Rehab Program and the Capacity Building Grant Program. Shirley • Wass seconded and the motion carried unanimously. 4. The Director asked for authorization to help pay for printing the Housing Survey at a cost of $116.67 from the HRA General Fund. Don Erickson moved to approve the expenditure. Shirley Wass seconded and the motion carried unanimously. 5. A copy of the Farmers Home Priority Processing System was distributed. According to this system, Hutchinson would point out at about 30 and FMHA is currently funding projects at 55 points. Therefore, we can expect no funding sources from FMHA for family housing. Most funding according to this system is going up North to such Counties as Clearwater, Lake of the Woods etc. because they have a higher percentage of substandard housing and because they have a lower median per capita income. VI. ADJOURNMENT There being no further business, Chairman Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director • Tammy Wendlandt, Secretary /Treasurer HUTCHINSON HOUSING, INC. REGULAR BOARD MEETING • OCTOBER 22, 1992 MINUTES I. CALL TO ORDER: BOARD ROOM PARK TOWERS APARTMENTS President Don Erickson called the meeting to order. Members present - Shirley Wass, Tammy Wendlandt, Lyle Van Hale and John Paulsen. Members absent - none. II. CONSIDERATION OF MINUTES OF SEPTEMBER 15, 1992 There being no additions or corrections, Shirley Wass moved that the minutes be approved as mailed. John Paulsen seconded and the motion carried unanimously. III. FINANCIAL REPORT The financial report was reviewed; John Paulsen moved that the financial reports be approved as submitted. Tammy Wendlandt seconded and the motion carried unanimously. IV. OTHER BUSINESS 1. The only bid received on the 145 Adams Street property was for $37,000 from Joe Schulte. Because this bid did not meet the minimum bid requirement of $42,000 it was rejected. Discussion followed on what steps to take to sell the house. Tammy Wendlandt moved that the house be priced at $44,900 per an open listing with the commission set at 6%. The Executive Director will send a notice to local realtors advising them that the house is for sale at a price of • $44,900 per an open listing with the commission set at 6% and that a key for showing the house is available at Park Towers. Shirley Wass seconded the motion which carried unanimously. 2. A funding request from the Capacity Building Grant Program has been submitted for $4,000 with $1,000 matching funds requested from Hutchinson Housing, Inc. John Paulsen moved that the matching funds of $1,000 be approved; Tammy Wendlandt seconded and the motion carried unanimously. 3. The state deed for the former Reid property has been received; after we pay to have the abstract continued it will be mailed to us. V. ADJOURNMENT There being no further business, Don Erickson declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary Treasurer • '� -A - (4 0 • • Date CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT --------------------------- 12/10/92 500,000.00 November 13, 1992 10/15/98 310,758.20 12/30/92 Date 12/10/92 300,000.00 Interest Of Institution Description Rate Purchase ------------------------------------------------ Firstate 017020942.6 3.40% 9/10/92 TREAS BONDS 644136 7.18% 12/12/91 TREAS BONDS 644137 7.13% 12/12/91 Firstate 41- 1214999 -8 4.60% 12/31/91 Firstate 42- 117168 -5 3.40% 9/10/92 Firstate 42- 120527 -7 3.45% 8/14/92 Firstate 42- 118337 -5 3.10% 10/14/92 Firstate 42- 120479 -1 3.25% 11/12/92 Firstate 42- 117375 -6 3.25% 11/12/92 Firstate 41 121713 2 3.25% 11/12/92 Date Of Maturity Amount --------------------------- 12/10/92 500,000.00 2/15/2001 373,500.00 10/15/98 310,758.20 12/30/92 500,000.00 12/10/92 300,000.00 11/19/92 300,000.00 12/10/92 500,000.00 5/13/93 400,000.00 12/29/92 550,000.00 12/10/92 350,000.00 --------------- $4,084,258.20 �—i-3 1 CHRISTMAS • APPLICATION FORTREE_sEES._._.__PERIVIIT To the.......... CITY COUNCIL ofthe ........... _CITY ....................... of- ................ HUTCHINSON.........._ ...................................................... tn the County of ................................................................ ............................... State of ,elfin ta: The undersigned owner whose address is... ..... � .... ....... ..... ... _..... . ....✓..... .._ ..��:2. ......hereby applies for a permit to. ...... SELL............. .... ........ ............. ..CHRI.STMAS ... TREES ........ ........................................... ......................................................... _ ................................... ............................ upon that certain tract of land described as follows: Lot . _ ........................................... Block .................................... ... _... ; plator addition ............. ........... .... .... ......................... ........................ ; address ............ ........ ................................... . ................. .... ...... ..... ; which is of the following size and area; width._. ..... . .... _. __.. .... length .............................. feet; area_. ............................._..................... ............................... ................................................................................................ ............................... . and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plane and specifications therefor herewith submitted and with all the ordinances of said ........................... CITY ......... OF ......... HUTCHINSON .......................................................................... ............................... ... • applicable thereto. Applicant further agrees to pay.LnMsx—a4=wzwnts at the time and in the amounts specified as follows: Ir n -�-,n �< < FEE: $5.00 CITY OF HUTCHINSON .......... ._. ....... . Owner # -2, APPLICATION FOM�0 -!MaL --- PERbUT which to of the followinf size and area; width feet; lenith . .. . ...... feet; area ..... WITHIN THE CITY LIMITS .............................. ...... . ... ..... ...... — ... - ....... I ...................... ........ .. and hereby agrees that, in case such permit Is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and sPeCifloatlone therefor herewith submitted and with all the ordinances of *aid., .......CITY, OF .... H.U.T.C1.i.INS..0N, ........ -- ......... applicable thereto. -4pplicant further agrees to pay fees or assessmente at the time and in the amounts specified as follows: • . .... . . ......... ................ . ........... ................ . . ................ T1Nov 10 W CITY OF HUTCHINSON 0 Owner • PUBLICATION NO. 4460 . PUBLISHED IN THE HUTCHINSCN LEADER: Thursday, November 12, 1992 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN Notice is hereby given that a public hearing will be held on Tuesday, November 24, 1992 at the hour of 8:00 P.M. in the Council Chamber of City Hall for the purpose of: • revoking intoxicating liquor license for The Flyer, with Mark Gaarder as operator /license holder, located at 1150 Hwy. 7 West, Hutchinson, MN. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. November 9, 1992 Dated • ALA City Uministrator �'7 1' DAVID H.ARNOLD DART D. MCDOWELL STEVEN A. ANDERSON O. HARRY ANDERSON' STEVEN S. HOOF LAURA E. PRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMEHT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. REHER Mr. Mark Gaarder Route #1, Box 124 Darwin, Mn. 55324 i ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTC111NSON, MINNESOTA 15330 -23413 (612) 587 -7575 FAX (G12) 507 -4496 RESIDENT ATTORNEY O. BARRY ANDERSON October 30, 1992 Re: Liquor License Violations Our File No. 3188 -92232 Dear Mr. Gaarder: OF COUNTEL WILLIAM M. CAMERON RAYMOND C. LALLIER PAUL N.BEOICH CHARLES R.CARMICHAEL" 3681 CEDAR LAZE ROAD MINNEAPOUS,MINNESOT4 33416 (612) 545-9000 MN TOLL FREE 600 -343 -4545 PAR (612) 545 -1193 301 SOUTH POURTH STREET PRINCETON, MINNESOTA 35371 (612) 389 -2214 FAX (612) 389 -5306 This office represents the City of Hutchinson. At the request of the City Council of the City of Hutchinson, I have been asked to advise you that a hearing has been scheduled for November 24, 1992 at which time the Council will consider the revocation or suspension of your license to sell alcoholic beverages as a result of the apparent failure of your establishment to provide full restaurant meal service. Please be advised that the hearing will commence at 8:00 P.M. at Hutchinson City Hall on November 24, 1992. You are further advised that you are entitled to have an attorney present at the hearing and to cross examine any witnesses called by the City. You also have the right to call witnesses on your own behalf. As required by City ordinance, this Notice is served upon you by certified mail, return receipt requested. A copy has also been served by regular mail upon Dan Prochnow, who previously represented you in a portion of this transaction and upon Tom Dolder who is believed to have an interest in'the property. Should you have any questions in connection with this hearing, you should not hesitate to contact me. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY TI1P. MINNESOTA STATE BAR ASSOCIATION '*CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION O��!% n • • 0 • Cite of Hutchinson City Counsel 37 Washington Avenue West Hutchinson, MN 55350 November 24, 1992 Re: Liquor License To Whom it May Concern: Per our telephone conversations with Bonnie at City Hall we understand that you need a letter from me in writing stating we no loner wish to have a liquor license. This is our written notice that ?lark Gaarder - The Hangar Restaurant, Inc. does not want to hold a liquor license in the city of Hutchinson. We applied for the license when we intended to open both the bar and restaurant and after deciding not to open the bar allowed Mr. Dolder to use our license until he could obtain his own. We have not been liable for this liquor license since April, 1992, and do not wish to hold or be liable from the evening on. We further request that you refund the money- for the remaining time of the liquor license. Sincerely, Mark Gaarder DAVID D. ARNOLD �ABY D.MCDOWELL EVEN A.ANIIERSON .1. BARRY ANDERSON' STEVEN S. HOOF LAURA E. PRETLAND DAVID A. BRUEDOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. McOEE CATHRYN D. REHER Al?NOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 PAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON November 24, 1992 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Hanger Liquor License Issue Our File No. 3188 -92232 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LAT MER PAUL M.BEOICH CHARLES R.CARMICHAEL-- 50M CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800- 343-4545 FAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2214 PAX (612) 369 -5506 pp OOV 1092 68L9 I write to you today regarding the status of the hearing to determine whether or not to revoke the existing liquor license for the operation of the Hanger bar. •Analysis with respect to this matter begins with Section 5.40 which provides "the City may issue annual on sale liquor licenses only to restaurants and clubs or congressionally chartered Veterans organizations, provided the liquor sales will be made only to members and bona fide guests." The only definition of restaurant that the City presently has in place is found in Section 5.01, Subd. 20 which defines a restaurant as an "establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and having seating capacity for at least 85 guests." The City Council will need to determine whether or not the present license holder is in compliance with the terms and conditions of the licensing statute. The Council, upon determining the facts in this case, "shall revoke or suspend, for a period not to exceed 60 days, a license granted under the provisions of this Chapter, or impose a civil fine not to exceed $2,000, for each violation on a finding that the licensee has failed to comply with the statute, regulation or provision of the City Code relating to alcoholic beverages." City Code Section 5.02, Subd. 4(g). There are also lengthy provisions regarding the action of the City Council with respect to illegal sales, but that • does not appear to be the issue in the present controversy. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION -6--741 — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz November 24, 1992 Page 2 I should note that licenses are not transferrable between persons and any change in individual ownership, incorporation or substitution or partners is a transfer. City Code Section 5.02, Subd. 4(d). You will also note there is a second issue which is the question of granting another license application for the same property. Under our Code, the Council may, in its discretion "and for any reasonable cause, refuse to grant any application." City Code Section 5.02, Subd. 4(e). The City Council has broader authority to deny a license in the first place as opposed to revoking a license to which a license holder may argue certain property rights have now attached. The interesting feature of this case is the question of Mr. Gaarder's present relationship with the business, if any. I have provided this background to assist you in analyzing the action that the Council may wish to take this evening. Thank you. Ver MS G. GBA:lm • PUBLICATION NO. 4461 . PUBLISHED IN THE HUTCHINSON LEADER: Thursday, November 12, 1992 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN Notice is hereby given that a public hearing will be held on Tuesday, November 24, 1992 at the hour of 8 :00 P.M. in the Council Chamber of City Hall for the purpose of: • issuing an intoxicating liquor license to Tom Dolder, operator of restaurant and bar at 1150 Hwy. 7 West, Hutchinson, MN, T. L. Scalawags, Inc., dba The Flyers Nite Club. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. November 9, 1992 Dated 0 city Administrator MEMORANDUM TO: Mayor and City Council FROM: Steve Madson, Chief of Poli C� DATE: November 20, 1992 RE: Flyer's Night Club License Application This memorandum will serve to notify the City Council that the investigation into the Flyer's Night Club liquor license application as submitted by Thomas B. Dolder has been completed. No negative information relevant to character or criminal record has been determined. Mr. Dolder has previously held valid liquor licenses within the city of Hutchinson with no serious problems identified. I would like to point out that currently there is license issued to the Flyer's Night Club premises Mark Gaarder. Since only one valid liquor license and be outstanding for each premises the current must be revoked or voluntarily retired by Mr. Ga license may be approved for Mr. Dolder. a valid liquor in the name of may be issued liquor license . arder before a If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /lkg 92 -01 -0011 2 I • APPLICATION FOR ON -SALE INTOXICATING LIOUOR LICENSE This form was prepared by the City of Hutchinson and the Minnesota Bureau of Criminal Apprehension, Department of Public Safety, pursuant • to Minnesota Statutes, 1976, Section 340.13, for purposes of back- ground investigation. It does not supercede any laws, rules or regulations of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide information requested may result in denial of the application. 40 Trade Name 2. Licensing Period 3. Type of Application: New Renewal 4. _ Ti I r�v� R, 1)Otoe' / Name of Applicant 5. 6. Citizenship: 7. Y Place f Birth 8. IpL;"-, /y 2. Date of Application Transfer . 6o 46 5-. Phone q "A S?7- Date of Birth 9. Legal Description 10. List owners of building or premise to be licensed: lArMA 5 11. List all partners, officers or directors, if corporation: Name Address Date of Birth 12. Prior experience in, this type of business: �' 4 , . 13. Present ownership in any other liquor establishment: 11447 -P . 14. Present ownership in any other restaurant or food business: �'�t 15. Three Business References: 020 L �ff$ ��a57�f { Ad/'s W -C- Corporate or Partnership Ti b! 17. Corporate or Partnership Address 18. If this is a transfer application give name, address, of persons., partnership or corporation holding license for the past year. 19. Who owns the bar /tavern fixtures? Tynyvq►}s Aj. 211-0/ 20. Are you a Minnesota resident? CA Yes u No From To If not, where resident? X12 ,��,/Dates of Residlen�c-�y� f 21. Residential Address during Past Five (5) Years: / J 1 5` +I'Tw� L'd �y- 4�0 22. Three Personal References: 7&', 6TV=C,'.tt 23. Employment for the Past Five Years: Jl) e pl�lL� irb�L(A cal 24. Any Convictions Other Than Minor Traffic: 25. This application must be accompanied by detailed statement of net worth and last year'e . tax return and statement of method of payment for business, fixtures and inventory. 26. Applicant, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioners and all ordinances of the municipalityl and hereby certify that .I have read the fore- going questions and that the answers to said questions are true of my own knowledge. I further understand that an Investigation fee not to exceed $500.00 shall be charged an applicant by the city or county if the investigation is conducted within the state, or the cost not to exceed $10,000.00 if the investigation is required outside the state. I further understand the ordinances of the City of Hutchinson regarding the operation of on -sale liquor licensee and agree to abide by them. Signature of Applicant Subscribed and sworn to before me this .2J day of �� % 19 �Y (Notary Public) mn wE KC ' WAEOD My Commission Expires: 3 -� -�� Wrnnsnm'"v a,. CMWN 0 • • • C TO: Mayor & City Council FROM: Hutchinson Tree Board DATE: November 17, 1992 RE: State Award for Volunteerism Hutchinson has been fortunate to be the recipient of the Minnesota State Shade Tree Advisory Committee "Outstanding Volunteer Project Award" for 1991. The award is presented to the citizens of Hutchinson in recognition of their generous contributions, and ongoing voluntary participation in Community Reforestation efforts. Some of the projects which gained recognition are listed on the enclosed pages. Also, on July 10, 1991, the State Legislative Committee on Minnesota's Resources (L.C.M.R.) took a tour of Hutchinson's parks and tree planting projects. The volunteer response from citizens to help organize and participate in that tour was marvelous! On behalf of the Hutchinson Tree Board, we would like to present to the citizens of Hutchinson, and the Hutchinson City Council, the Minnesota Shade Tree Advisory Committee Outstanding Volunteer Project Award. Congratulations Hutchinson[ Enc. City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Prin Ird ra Wtu, 1"d pap", - Police Department 10 Franklin Street South (612) 587 -2242 4A LCMR _TOUR HUTCHINSON PARTICIPANTS Mayor Paul Ackland 37 Washingtun Avenur W Temple Lodge *59 Masons Rutebrn Holman 518 Juul Road Country Club Estates Townhouse Assn Stan Maitrrs 1st State Federal S&L President Donald 61as Hutchinson Leader Publisher Wayne Kasich Compton Anderson Construction Co. Kevin Compton Chairman Crow River Task Force Eugene Daggett Chairman Downtown Landscape Committee Ship ()uade 1209 Fairway Avenue 201 Main Street South 36 Washington Avenue W 410 Campbell Lane 978 Rolling Greens Lane Sioux Hills i it 1 5ti7- 7 2l 0 (11) 587 -7142 (H) 587- -8290 (W) 587 -2000 (W) 587 -5000 (W) 587 -4422 (H) 587 -2382 (W) 587 -4653 (H) 587 - -3030 I* Chairman Tree board Hiwanis President Gopher Campfire Virgil Voigt 740 Dale Street (W) 587 -4888 Tree Board Member Carol brown 736 brown Street (W) 587 -3110 Tree Board Member Murray Swenson 408 Alan Street (W) 587 -2299 Tree Board Member Scott Peterson 1265 7th Avenue NW (W) 587 -4959 City Administrator Gary Plotz 37 Washington Avenue W (W) 587 -5151 City Engineer John Rodeberg 37 Washington Avenue W (W) 587 -5151 Director Parks and Recreation Doll' Moon 900 Harrington Street (W)- -587 -2975 - Chamber of Commerce Susan Lillevold 815 School Road N (W) 1587 -5252; Convention and Tourism Committee Chairman Gary Schwarzrock -1002 Rolling Greens Lane (W) 587 -6030 t 1 d, + CVB "y.'., - -v., k7 (.pf -t Bob Mlynar 815 Neal Avenue - (W) 587 -9299 Senator John Bt- inhagen Route 1 (H) 587 -7500 • City Forester Mark Schnobrich 9.00 Harrington Street (W) 587 -2975 (O — JI• Al-k, �V 1991 THE YEAR OF CITIZENS SUPPORT FOR TREES The following groups have provided support of our 1991 tree planting program. Their support both financial and through personnel participation, was not only unexpected, but also unsolicited. The idea that not only do people believe in a tree planting program in this community, but that they are willing to come forth independently on their own to see that Hutchinson continues to grow greener. For this reason, the following groups are recognized and honored today for their contributions. The Tree Board would like to give a certificate of appreciation as a meager attempt to show our deep gratitude for their con- tributions, and give recognition to these groups for their support which allows Hutchinson to truely be a Tree City U.S.A. Without them, this Arbor Day would not be possible. Thank -you. HUTCHINSON LEADER For actually deciding that reforestation of our community was worthy of enough of front page news and which indirectly may have been the catalyst for the overwhelming support in 1991. Thank -you. COUNTRY CLUB ESTATE TOWN -HOUSE ASSOCIATION For not only deciding that trees on their boulevards were important, but after finding out funds were reduced for tree planting in 1991, financially came up with $700 of their own money. Thank -you. HIGHWAY 7 EAST ENTRY WAY PLANTING Each year for the last four years Firstate Federal Savings 6 Loan has do- nated funds to replant Library Square totaling over $5,000. In 1991, Firstate Federal decided additional funds were needed and so gave an additional $1,800 which allowed the city to plant the entry way in to town along Highway 7 East. Now this day, over 20 Firstate Federal employees will be putting wood chips around all the trees which were planted on Highway 7 East. Thank -you. MASONIC LODGE OF HUTCHINSON Before any budget cuts occurred; the Masonic Lodge donated 200 seedlings for planting in 1991 by the Girl Scouts. I guess they decided that wasn't enough, • and have since donated $2,000 for tree planting this fall. This will allow City hull p,u-k.� & Re rr,uio)t pull, c U, Jou Lnw nt 3: 11'ashinSton Are nue 11'c�t 1I00 11arrAnston Stn" t !O f) inklin Jhx t tiunt/j (612)$:7 -51:71 (612) IS - .1175 0,121 iS- -22.12 1991 THE YEAR OF CITIZENS SUPPORT FOR TREES Page two us to almost double bur tree planting for 1991, exceeding even last years reforestation program. Thank -you. TREE CITY U.S.A. AWARD This is year 12 for Hutchinson to receive this award. Only seven other Minnesota communities have been given this award for more that 12 years, Austin, Fergus Falls, Hopkins, Little Falls, Minneapolis, Robbinsdale and Winona. PROGRAM OUTLINE I. Welcome II. Certificate Presentations (Leader, Country Club Estate Town -house Association, Firstate Federal and Masonic Lodge) • III. Tree City U.S.A. Award to Mayor IV. Closing Comments L • TITLE DEPARTMENT .ACCOUNTABLE TO FIRE MARSHAL FIRE DEPARTMENT FIRE CHIEF jobdes74 PRIMARY OBJECTIVE DEVELOPS, APPLIES AND ADMINISTERS CITY ORDINANCES, CODES AND FIRE SAFETY STANDARDS IN A MANNER THAT MILL SAFEGUARD LIFE AND PROPERTY AGAINST DEATH, INJURY OR DAMAGE ACCOUNTABILITY i Is directly responsible for the establishment and maintenance of a fire inspection program to ensure that facilities and structures conform with municipal codes and applicable state regulations= documents these inspections. 2 Recommends the necessary amendments to ordinances and codes. 3 Advises local firms and organizations on the interpretation of fire Codes. 4 Examines sprinkling and alarm systems in buildings for proper operations documents these inspections. 5 Advises authorities responsible for buildings (public and private) on proper detection and extinguishing equipment and proper location of such equipments with proper documentation. 6 Keeps abreast of changes in fire and building codes. 7 Prepares comprehensive reports (HFIRS) on fire incidents as required by the state. . S Is accountable for any other duties and assignments made by the Fire Chief. QUALIFICATIONS A combination of training and experience substantially equivalent to high school education supplemented by secondary training in fire service or- closely related fields. A minimum of five years experience in the fire service, either paid or volunteer. Considerable knowledge of relevant fire codes and state laws. Ability to establish and maintain effective working relations with others. Ability to express self clearly and concisely both orally and in writing. WORKING CONDITIONS Inside and outside work in all weather, Variable work schedule. • week. SALARY To be determined by experience. 20 hours a (O — (-9, TITLE FIRE MARSHAL jobdes32 I2 -69 DEPARTMENT FIRE DEPARTMENT -7- ACCOUNTABLE TO FIRE CHI €F PRIMARY OBJECTIVE DEVELOPS, APPLIES AND ADMINISTERS CITY ORDINANCES, CODES AND FIRE SAFETY STANDARDS IN A MANNER THAT MILL SAFEGUARD LIFE AND PROPERTY AGAINST DEATH, INJURY OR DAMAGE. COORDINATES AND DIRECTS FIRE PREVENTION EFFORTS, SERVING AS THE FIRE PREVENTION PUBLIC INFORMATION OFFICER FOR THE CITY. ACCOUNTABILITY 1 1 Is directly responsible for the establishment and maintenance of a fire inspection program to ensure that facilities and structures are conforming with municipal codes and applicable state regulations in a manner that will minimize fires and prevent deaths or injuries. 2 Assists in the preparation and administration of the emergency preparedness_ operations plan. (i.e., SARA Title III) 3 Develops and ensures that an effective inspection program is carried out covering all public, commercial and industrial and residential structures in the city. 4 Reviews all plans for new multi - family, public, commercial and industrial structures to ensure that they conform with fire safety codes • and practices. 5 Assists in investigation of fires in the city in coordination with the police department when called upon to determine cause and origin. Interviews persons who may have knowledge of fires and interrogates persons suspected of arson or other violations. Prepares comprehensive reports (902) on fire incidents as required by state. 6 Develops a quarterly report summarizing activities relative to inspections, investigations, fires and prevention efforts. 7 Directs and participates in fire prevention education programs in schools, commercial and industrial buildings and residential units within the city. G Recommends the necessary amendments to ordinances and codes. 9 Advises local firms and organizations on the interpretation of fire codes. 10 Examines sprinkling systems in buildings for proper operation; documents these inspections. g"11 Advises authorities responsible for existing buildings (public and private) on proper classification of fire extinguishing equipment and on • proper location of such equipment. Advises.on proper_ placement and installation of fire detection systems. 12 Conducts training on the use of fire extinguishers, evacuation and fire prevention for industries, nursing homes, schools and other groups. 13 Keeps abreast of changes in fire codes, building codes, fire prevention practices and construction materials since they effect fire, to ensure a thorough understanding and effective inspection program. 14 Issues permits as required by code for remodeling, repair, storage of flammable materials, operation of equipment, etc., in which hazardous materials are involved. 15 Issues special permits for fireworks, etc. Advises applicants for such permits on regulations and correct procedures. 16 Provides support to the assistant chief in charge of training in designing and implementing an ongoing training program. 17 Establishes fire suppression pre -plan for all commercial and industrial sites. 18 Assists fire chief in developing the annual department budget request and presenting it to the city council for approval. 19 Attends monthlyfire department meetings. Attends weekly staff meetings at city hall and communicates relevant information to fire chief. 20 Conducts employee right -to -know meetings (hazardous materials) with city departments on an annual basis. 21 Schedules time at city hall to interact with building /engineering departments re questions related to fire code and to assign record keeping tasks to secretary. 22 Is accountable for any other duties and assignments made by fire chief QUALIFICATIONS A combination of training and experience substantially equivalent to high school education supplemented by secondary training in fire service or closely related fields. A combination of five years expereience in fire fighting and /or fire prevention work, either paid or volunteer. Considerable knowledge of principles, practices, methods, techniques and equipment, tools and - sciences applied to fire prevention,-and investigation. Considerable knowledge of relevant fire codes, city ordinances and state laws as well as any rules and regulations in the area of fire prevention or investigation. Ability to do complex fire prevention and investigation work. Ability to.-establish and maintain effective working relations with others. Ability to express self clearly and concisely both orally and in writing. WORKING CONDITIONS Inside and outside work in all weather. Variable work schedule. Element. of risk in some contacts. -------- --- ------ - - - - -- Ok8AN1ZATIONAL CHART: Ll 0 0 0 FSRE 1UZZURStZd�i T_r. JOB DESCRSPTSON OMSSSSONS Completes plan reviews and inspections of fire suppression and fire protection systems for all multi - family and commercial /industrial developments. Verify licensing of sprinkler contractors. Interacts with the building and engineering departments regarding questions related to fire code. Attends monthly Planning Staff meetings. Completes plan reviews for projects involving hazardous waste storage or remedial actions related to the cleanup of hazardous waste sites. Coordinates activities with the building /engineering departments and the MPCA as required. • Conducts employee "Right To Know" meetings regarding hazardous waste in the work place on an annual basis, as required by • Minnesota Statutes. Enforces fire code for new and existing buildings, including rental complaints, carbon monoxide poisoning, fire hazards and minimum fire code standards as they relate to life /safety compliance. RECOMMENDED QUALIFICATIONS Replace first two sentences with the following: Requires bachelors degree in appropriate field, or equivalent, for example: construction management., building inspection, administration, fire investigation. Considerable knowledge... � -e, • ORDINANCE NO. 92 -73 AN ORDINANCE OF THE CITY OF HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA, INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE PARTICULARLY SET OUT IN SAID ORDINANCE WHEREAS, certain parcels of land as more particularly described below abut or adjoin the City of Hutchinson; WHEREAS, the Minnesota Municipal Board pursuant to Minnesota Statutes Chapter 414 has approved the following annexation; WHEREAS, it would be in the public interest to annex and incorporate said lands into the City of Hutchinson; NOW, THEREFORE, the City of Hutchinson does ordain: SECTION 1. That the lands hereafter described shall be, and the same hereby are, annexed to the City of Hutchinson, a Minnesota municipal corporation, located in the County of McLeod and State of Minnesota and from and after passage and publication of this • ordinance, said lands shall be annexed to and become a part of and included in the corporate limits of the City of Hutchinson: The Northerly 914.40 feet of Lot 6 of Auditor's Plat of West half of Section 32, Township 117 North, Range 29 West, as measured at a right angle to the North line of said Lot 6. Total of 12.03 acres of land. SECTION 2. This Ordinance shall become effective from and after publication. Adopted by the City Council this 8th day of December, 1992. Paul L. Ackland Mayor ATTEST: • Gary D. Plotz City Administrator W A I V E R TO: Minnesota Municipal Board 475 McColl Building 366 Jackson Street St. Paul, MN 55101 -1925 RE: MMB Docket Number A -5027 Hutchinson Proposed Annexation to the City of Hutchinson To Whom It May Concern: The Town Board of Hutchinson Township, McLeod County pursuant to a resolution duly adopted by the town board on / / -/a -9�7- hereby states that Hutchinson Township has no objection to the annexation of the following described land to the City of Hutchinson and hereby waives the 90 days before a city ordinance can be adopted. (INSERT PROPERTY DESCRIPTION AND PROPERTY OWNERS NAME) HUTCHINSON TECHNOLOGY, INC. The Northerly 914.40 feet of Lot 6 of Auditor's Plat of West half of Section 32, Township 117 North, Range 29 West, as measured at a right angle to the North line of said Lot 6. Total of 12.03 acres of land. Date Signature u�� -- • PLEASE NOTE: WAIVERS SHOULD BE FILED WITH THE CITY. (REV. 11/92) 7-A ' November 16, 1992 Ms. Patricia D. Lundy Assistant Director MN Municipal Board Suite 475 McColl Building 366 Jackson Street St. Paul, MN 55101 SUBJECT: MMB Docket Hutchinson 12.03 Acres Dear Ms. Lundy: No. A -5027 Hutchinson Technology, Inc. Petition Today the City of Hutchinson received the enclosed Waiver from the Town Board of Hutchinson Township which waives the 90 -day waiting period to adopt an annexation ordinance. At the November 24, 1992, meeting the City Council will hold first reading of an ordinance to annex Hutchinson Technology property into the City of Hutchinson. After adoption on December 8, 1992, I will send you an executed copy of the ordinance. Sincerely, CITY OF HUTCHINS Maril J. Swanson Administrative Secretary Enc. cc: Hutchinson Township Board McLeod County Commissioners Edwin Homan Jr., Zng. Adm. Hutch. Technology, Inc. Planning Commission Mayor & Council City Hail Parks fr Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed Ca mcv, led Fmrer - • • 4- • • C M E M O R A N D U M November 16, 1992 TO: Mayor & City Council FROM: John P. Rodeberg, Director of Engineering RE: Traffic Control Resolution The following Resolution covers traffic control changes for three streets: Century Avenue (between TH 15 and Jefferson Street) and 5th Avenue WE (between Bluff Street and TH 7) were reconstructed utilizing State Aid funds. Minimum geometric standards must be met in order to use these funds, which mandate that parking be restricted on one side of each street, due to their width. Century Avenue currently does not allow parking on the western half of this area, we are extending that area to Jefferson Street. Main Street /TH 15 (between Washington Avenue and 1st Avenue South /both sides) is proposed to be signed to ban parking between 9 p.m. and 6 a.m.. The Police Chief has met with the Mainstreet group to review his proposal to limit parking in an effort to reduce vandalism and loitering in downtown. They agreed that some action was warranted, but preferred to limit the area to the block adjacent to Library Square. If you have any questions or comments, please give the Chief or I a call. <Jj> City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - P,infed an rcnuclzd paper - Police Department 10 Franklin Street South (612) 587 -2242 RESOLUTION NO. 9843 ;RESOLUTION ESTABLISHING LOCATION . FOR TRAFFIC CONTROL DEVICES WHEREAS, construction of Municipal State Aid (MSA) streets require minimum geometric standards to be met in order to receive funding, and; WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: 1. That the Council hereby establishes that a traffic control device known as a "No Parking This Side of Street" sign shall be erected at the following locations: a> The north side of Century Avenue SE between TH 15 and • Jefferson Street SE. b> The north side of 5th Avenue HE between Bluff Street and TH 7. 2. That the Council hereby establishes that a traffic control device known as a "No Parking - 9 p.m. to 6 a.m.' sign shall be erected at the following locations: a> Both sides of Hain Street (TH 15) between Washington Avenue and 1st Avenue South. Adopted this 24th day of November, 1992 by the City Council of Hutchinson, Minnesota. City Administrator - Gary D. Plotz Mayor - Paul L. Ackland • REVISED COPY RESOLUTION NO. 9843 • RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, construction of Municipal State Aid (MSA) streets require minimum geometric standards to be met in order to receive funding, and; WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: • That the Council hereby establishes that a traffic control device known as a "No Parking This Side of Street" sign shall be erected at the following locations: �J a> The north side of Century Avenue SE between TH 15 and Jefferson Street SE. b> The north side of 5th Avenue NE between Bluff Street and TH 7. Adopted this 24th day of November, 1992 by the City Council of Hutchinson, Minnesota. City Administrator - Gary D. Plotz Mayor - Paul L. Ackland 17(6) C H E H 0 R A N D U M November 20, 1992 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Resolution Approving Miscellaneous Assessment Roll No. 282 Assessment Roll No. 282 covers improvements to two parcels not covered in previous assessment rolls. The first covers assessments for sanitary sewer service to the Schrader property on Golf Course Road off Ludtke Lane. The second covers sanitary service to the McGraw property on 2nd Avenue SE. Both properties suffered septic system failures. The portion of the projects assessed reflects costs associated with work within the right -of -way only. All costs associated with on -site work has been paid by the property owners. <Jj> City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 557 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Prin!, d ,m nruch'd var: r - Police Deparhnent 10 Franklin Street South (612) 587 -2242 7_e�' CITY OF HUTCHINSON, MINNESOTA ASSESSMENT ROLL NO. 282 PAGE 1 or 1 COMPILED BY: J. RODEBERG MISCELLANEOUS ASSESSMENT ROLL NUMBER OF YEARS SPREAD. TEN COMPUTED BY: J. ROOEBERG A- SANITARY SEWER LATERAL/UNIT. 51,583.32 CHECKED BY: CAL RICE B- SANITARY SEWER SERVICE/UNIT. $38000 ACCOUNT CITYPIDNUMBER LOT BLOCK A- SAR.SEWAATERAL B- SAN.SEW. SERVICE INTEREST TOTAL NUMBER COUNTY PIONUM13ER NAME AND ADDRESS OF PROPERTY OWNER ADDITIONORSUBDIVISION NO. NO. UNITS AMOUNT UNITS AMOUNT RATE ASSESSMENT 01 38- 1173"7-0020 DANNY B JILL SCHRADER (LUDTKE LANEILETTING 181PROJECT 91- 241ASSESS. ROLL NO. 273 ADOPTED 8.13 -1901) 910 GOLF COURSE ROAD 23.2590130 HUTCHINSON, MN 55350 JOHNSON'S COURT 17 2 53,128.04 1 $380.00 5 $3.4860 6.18 CITY OF HUTCHINSON. MINNESOTA ASSESSMENT ROLL NO. 282 NUMBER OF YEARS SPREAD: TEN COMPILED BY: J. ROOESERG MISCELLANEOUS ASSESSMENT ROLL COMPUTED SY: J. RODEBERG SANITARY SEWER SERVICE $1,300.00 CHECKED BY: CAL RICE ACCOUNT CITY PID NUMBER LOT BLOCK INTEREST TOTAL NUMBER COUNTYPIONUMBER NAME AND ADDRESS OF PROPERTY OWNER ADDITION OR SUBDIVISION NO. NO. SANITARY SEWER SERVICE RATE ASSESSMENT 02 Oi- 11630-02-0200 MARK 6 JOAN MCGRAW 831 -2ND AVENUE SW LOT 4 EX W15'6 EM, AUD. PLAT 23.111.0010 HUTCHINSON, MN 55350 LOT 27, LYNN ADDITION $1,300.00 525% $1,300,00 TOTAL - ASSESSMENT ROLL NO. 282 $4,788.04 • CITY OF HUTCHINSON RESOLUTION NO. 9845 TRANSFERRING $55,000 FROM LIQUOR FUND TO GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $55,000 is hereby transferred from the Liquor Fund to the General Fund. Adopted by the City Council this 24th day of November 1992 ATTEST: • Gary D. Plotz City Administrator • Paul L. Ackland Mayor 17--�) ; . CITY OF HUTCHINSON RESOLUTION NO. 9846 TRANSFERRING FUNDS FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1982 TAX INCREMENT DEBT SERVICE FUND, 1985 TAX INCREMENT DEBT SERVICE FUND, AND 1990B TAX INCREMENT DEBT SERVICE FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT funds are transferred from the 1980 Tax Increment Debt Service Fund as follows: $22,750 to the the payment of bonds and $27,950 to the the payment of bonds and $56,150 to the the payment of bonds and 1982 Tax Increment Debt Service Fund for interest due in 1992. 1985 Tax Increment Debt Service Fund for interest due in 1992. 19908 Tax Increment Debt Service fund for interest due in 1992. Adopted by the City Council this 24th day of November 1992 E ATTEST: Gary D. Plot! City Administrator • Paul L. Ackland Mayor '7—E C November 20, 1992 MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: INVESTMENT AUTHORIZATION As the City Council is aware the investment rates have fallen to lows which are now at the point of being 3.25% for 180 days with our city based institutions. Last year you perhaps recall the council authorized the purchase of some U. S. Treasures giving us yield of 7.13 %. We made those purchases through Marquette of Minneapolis and Barbara Roche as the investment advisor. I would again like to take some funds our for a longer period of • time and gain some higher yields. Barbara Roche has moved to Smith Barney a brokerage house which is a "primary" dealer. She has sent the accompanying letter telling of her firm. I would request authorization to have Smith Barney as an authorized agent for investments of the City of Hutchinson. They carry insurance well in excess of our investment requirements. Resolution _ if adopted would give us the authorization. If you approve the resolution the next request would be authorization for the city finance director to invest up to approximately $400,000 in authorized investments with the Smith Barney firm. Preliminary numbers are show yields of 6.20% for 3 to 4 years. This would be using a GNMA investments which is an authorized investment for city's. While wanting to get yield we do not want to harm principal and feel with the advise of Ms. Roche of Smith Barney we will be able to improve our interest earnings. We would request the authorization for investing of approximately $400,000 for an extended period with Smith Barney. City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Ariufcd wn nrvded 1,,rer - SMITH BARNEY November 16, 1992 City of Hutchinson ATTN: Ken Merrill 37 Washington Avenue Hutchinson, MN 55350 Dear Ken: Please use this letter as our request to work with you on the investments for the City of Hutchinson. Smith Barney is a primary dealer with a history of 120 years of strength in investment expertise. The firm is recognized as one of the worlds quality organizations. We have 95 branches in 30 states and 8 overseas offices. I have valued our relationship in the past and as you know, I am well aware of your requirements for security protection, investment products, and efficient service. I truly feel that we at Smith Barney are qualified to • meet all of your needs. In addition, it is our position that the securities held by us for the City would be classified in "Risk Level I." Each Minnesota Public Fund has insurance coverage of $10,000,000 and as of January 1, 1993, this coverage will increase to $25,000,000.00 We appreciate your consideration of this proposal and will work very hard to Please you in the years ahead. Sincerely, Barbara Roche Vice President - Investments BR: la Enclosures SMITH BARNEY, HARRIS UPHAAI R CO. INC. 76001 INCOLN CENTRE 133 SOUTH SEVENTH STREET M INNEAPOI.IS, MN 55402 (612)371 4811 • 17- / CITY OF HUTCHINSON RESOLUTION NO. 9847 DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN INSTITUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the following named institutions which is authorized to conduct business for city investments and can be held in safekeeping and are designated as depositories of the Public Funds of the City of Hutchinson in the County of McLeod, State of Minnesota, by the City Council of said City, for the term beginning November 24, 1992 to December 31, 1992: SMITH BARNEY, HARRIS UPHAM 8 CO. INC. THAT this designation is subject to the right of said City of Hutchinson, Minnesota to modify, vacate, or revoke the same according to law, and also subject to any depository agreement executed pursuant to Minnesota Statues, Section 188.01 and Section 475.66. • BE IT FURTHER RESOLVED: THAT the City Administrator and City Finance Director of the City of Hutchinson is hereby authorized and directed to deposit in said institution in special funds to be know as "City of Hutchinson" all monies that maybe so deposited. BE IT FURTHER RESOLVED: THAT a copy of this resolution shall be filed with the City Administrator the institutions so designated. Adopted by the City Council this 24th day of November 1992 ATTEST: Gary D. Plotz City Administrator 0 Paul L. Ackland Mayor 1/-/r" HUTCH, INC. 369 EAST KELLOGG BOULEVARD • ST. PAUL. MN • 55101 . November 16, 1992 Mr. Kenneth B. Merrill Finance Director City of Hutchinson, City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Mr. Merrill, After the November 10, 1992 Council Meeting I am still uncertain what the City intends to do about the water /sewer billing for Country Club Terrace. I gather that the City wishes to honor the Agreement that ran through 12/31/92. Unfortunately the end of December is 1/3 through the winter quarter billing. One Council Member suggested a compromise of three quarters of billing based on individual meters. That suggestion may be the best approach. I've attached four scenarios: 1. Allow two quarter of individual meters (not acceptable) 2. Allow three quarters (Compromise) 3. Allow four quarter (original intent of agreement) 4. Allow 7 months (literal interpretation of Agreement) requires pro -rata split of winter quarter. It appears that Country Club Terrace owes the City between $11,857.17 and $12,947.37. In addition since a new garbage policy went into effect August 1, there should be no additional garbage charges on future bills. In fact 1/3 of the last garbage bill should be deducted from the ultimate settlement (1/3 x 53.65 = $17.88). Please determine which scenario you wish to take and let me know. We will issue a check promptly. I am not trying to antagonize the City. I certainly thought we had a deal when I installed the meters. Your newspaper published the details of the deal in the local paper. And now their is no deal at all!! Your mayor publicly harasses me for being controversial. I manage several properties in different Cities in the midwest. By and large the politicians live up to their word. That is not the case in Hutchinson. Very truly yours, W.R. Block mb W.R. BLOCK. GENERAL MANAGER • 612 - 228 -9564 CJ_ A QUARTER MAM 91 JJA 91 SON 91 D91JF92 MAM 92 JJA 92 TOTALUSED iii fr)m Pss� -vl Balance of S/W Owed to City 1 2 3 — 1817.00 — 1817.00 — 1817.00 0.00 * 0.00 * 0.00 * — 124.55 * — 124.55 * — 124.55 * 741.66 ft) 125.49 * 125.49 * 7056.08 7056.08 6582.05 * 7091.18 7091.18 7091.18 $12,947.37 $12,33120 $11,857.17 * Quarter used individual meters for sewer billing. (t) If 1/3 of this Quarter Used as individual meters I suggest a pro —rata split of the balance. 741.66 — 125.49 = 616.17 Pay to City 2/3 (616.17) + 125.49 = $536.27 Therefore, if the existing Agreement is taken literally IE (through 12/31/9 ;) the total amount owed to the City is $12,741.98. L.Y qTTL-5 1. M. 1'LOj q-7- 37 12,331 .zv E 0 ZW ' Gd plyv�vbc s e PrveFvll-� A'$ 0a4 6. t�T Lo- �G✓a.Q I�"��. ©rL ('0r15I'a r-L- .JJ fa. q I f Sort R 1/ 151 J F cii'L- P Al O 1 I`l F1.4 t.. C- C At t CAe c&-f c wti er.( fv'* � Gl%'ot� r- ► ► &I `-.v Y VVl A rV1 aI, '1 og'6 . 0 � d pr 0 ti t. I e- r,.( 101-7.00 November 20, 1992 MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: COUNTRY CLUB TERRACE WATER /SEWER /TRASH BILLING It was the City Council request to review water /sewer /trash bill computation for the Country Club Terrace. It was asked to look at possible use of the total of individual meters for the sewer volume charge. The following information is offered. First, the agreement referred to by Mr Block had not yet been signed as of December 10, 1991 (minutes attached). We also had several letters both from the City Attorney's office and from our office asking for the document to be signed. The agreement had been prepared in 1990. We were originally directed to revise the billing using actual master meter readings for sewer charges (December 10, 1991 minutes) . We did this and the credit computed was in amount of $5,858.10 (Attachment B column 5). We also used the actual master meter reading for 1992 billing. Using this method we would have an amount due of $15,755.74 (attachment A column 8). • We than computed the bill using individual meter totals as furnished to the city. The discussion was of using the individual readings for a 1 year period following the agreement. Using the information provided by Mr. Block (attachment C column A) the full quarters only were used for the billing adjustment computed. For 1991 the adjustment using individual meter totals equaled $8,142.50 (Attachment B column 6). We then computed the 1992 billing using individual meter totals for the 3 quarters the amount along with the above credit would bring the total due the city $11,709.05 (attachment A column 9). You would notice the above adjustments is for more than the one year discussed by the city council. I will forward all of this information to Mr. Block and will be in attendance to answer any questions. The decision required in addition to the above decision is future billings. Should we use winter quarter water consumption or should actual master meter gallons be the volume used for charging each quarter's sewer charges. • City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 QS A an recy drd lmprr - ¢}7r ,#c# Mewr November 19, 1992 Billing Water Period Arrears PAYMENT City Council Adjustment (Period Ending 11/30/92) 12/1/91 - 2/29/92 METER READ 116,298,000.00 PRIOR READ 113,898,000.00 Gallons 2,400,000.00 Amount 1,193.00 Base Charge 78.23 1992 Billing Country Club Terrace - Butch Inc. - 460 California Street (1) (2) (3) (4) November 19, 1992 Billing Water Period Arrears PAYMENT City Council Adjustment (Period Ending 11/30/92) 12/1/91 - 2/29/92 METER READ 116,298,000.00 PRIOR READ 113,898,000.00 Gallons 2,400,000.00 Amount 1,193.00 Base Charge 78.23 Sewer per Sewer Individual meters Reading (8,142.50) (5,858.10) 2,132.10 2,269.90 2,196.80 4,903.83 5,520.00 6.00 6.00 5,220.77 5,694.80 6.00 6.00 5,052.64 5,724.70 6.00 6.00 0 FOA (5) Garbage 49.81 3.84 49.81 3.84 (9) (6) (7) (8) Total due Balance using individual Due Total meter reads Balance If revised Due Due $6,724.92 $6,724.92 6,724.92 6,724.92 6,724.92 (6,109.22) (6,109.22) 615.70 615.70 (5,858.10) (8,142.50) (5,242.40) (7,526.80) 6,762.81 6,146.64 1,520.41 (1,380.16) 88.07 88.07 1,608.48 (1,292.09) 6,968.01 6,493.98 8,576.49 5,201.89 88.07 88.07 8,664.56 5,269.96 49.81 7,003.11 6,331.05 15,667.67 11,621.01 3.84 88.07 88.07 15,755.74 11,709.08 • 3/1/92 - 5/31/92 METER READ 118,774,000.00 PRIOR READ 116,298,000.00 Gallons 2,476,000.00 Amount 1,223.40 Base Charge 78.23 611/92 - 8/31/92 METER READ 121,263,000.00 PRIOR READ 118,774,000.00 Gallons 2,489,000.00 Amount 1,228.60 1 Base Charge 78.23 Sewer per Sewer Individual meters Reading (8,142.50) (5,858.10) 2,132.10 2,269.90 2,196.80 4,903.83 5,520.00 6.00 6.00 5,220.77 5,694.80 6.00 6.00 5,052.64 5,724.70 6.00 6.00 0 FOA (5) Garbage 49.81 3.84 49.81 3.84 (9) (6) (7) (8) Total due Balance using individual Due Total meter reads Balance If revised Due Due $6,724.92 $6,724.92 6,724.92 6,724.92 6,724.92 (6,109.22) (6,109.22) 615.70 615.70 (5,858.10) (8,142.50) (5,242.40) (7,526.80) 6,762.81 6,146.64 1,520.41 (1,380.16) 88.07 88.07 1,608.48 (1,292.09) 6,968.01 6,493.98 8,576.49 5,201.89 88.07 88.07 8,664.56 5,269.96 49.81 7,003.11 6,331.05 15,667.67 11,621.01 3.84 88.07 88.07 15,755.74 11,709.08 • Period 12/21 - 2/28 City's Adjustment 3/1 - 5/31 City's Adjustment 6/1 - 8/31 City's Adjustment 9/1 - 11/30 1 \` Date of Bill 3/10/91 6/10/91 9/10/91 12/10/91 A -rr#CN OF A1 r 9 1991 Sewer Adjustment City of Hutchinson Hutch, Inc 1991 (1) (2) (3) (4) (5) (6) Revised Using ' water f sewer $ individual meter consumption Use Credit reads gallons gallons 2.30 Amount (1,000) 6.00 3903 1,872.43 3,903.00 8,982.90 8,982.90 0.00 0.00 3113 1,556.43 3,903.00 8,982.90 7,165.90 1,817.00 1,817.00 3432 1,684.03 3,903.00 8,982.90 7,899.60 1,083.30 2,613.90 6,011.97 2,970.93 2617 1,358.03 3,903.00 8,982.90 6,025.10 2,957.80 2,447.10 5,628.33 3,354.57 Total using city billing system only 5,858.10 8,142.50 av 91 Jun, Jul, Aug 91 111291 -r7-1-614MANT 107849 ' - 1083.30 Sep, Oct, Nov 91 COUNTRY CLUBTERRACE Sep Oct Nov 91 111281 Dec 91, Jan, Feb 92 t1 't WATER/SEWER BILLINGS 113698 Ma Apr May 92 705608 Mar, Apr, May 92 118774 Bllllnp Bllllnp Blllinp Meter Master Individual Water Sewer Sewer Sewer Garbage Per Per Per Credit Amount Date eadings Meter Meters Mas Mtr Ind Mt Wtr qtr Mas MY Ind Mtr Wtr qtr Per Clty Paid Pald 104748 3903 - 187243 898290 - 53.5 10510.37 10510.3 3 -11 -91 100WO Prev rYurat -ASa AI av 91 Jun, Jul, Aug 91 111291 Jun Jul Aug 91 107849 Jun Jul Aug 91 Credit - 1083.30 Sep, Oct, Nov 91 113898 Sep Oct Nov 91 111281 Dec 91, Jan, Feb 92 116298 Dec 91 Jan Feb 92 113698 Ma Apr May 92 705608 Mar, Apr, May 92 118774 15 55. 116298 ilvpii �t � M n Jun, Jul, Aug 82 121263 Amount City Claims CCr Owes Mar Apr May 91 Grad - 1817.00 Jun Jul Aug 91 298493 Jun Jul Aug 91 Credit - 1083.30 Jun Jul Aug 91 Late F 535.97 Sep Oct Nov 91 322402 Sep Oct Nov 91 Cred - 2957.80 Dec 91 Jan Feb 92 741.88 Ma Apr May 92 705608 Jun Jul Aug 92 7091.18 15 55. 3113 - �n,a 9V r " ", r i8u > t t, 't • •, P PGOF t f 10589.95 - - 1817.00 1 10569.95 8 8 -12 -91 3432 2 26139 168403 7 789960 6017.97 8 898290 5 52.46 9 983609 7 775446 1 10719.39 - - 1083.30 7 775448 9 9 -24 -91 1;71 ��; �hM':�d ;i n;Ml - -, r;� i9 ii i ill i� in riy � �[II,Ii 1 11Ti, n n- . .: M M1�",:. µin *�'�T „4Mtlr 2476 22699 1301.63 570080 522877 53.65 705808 658205 tli :!p; 1dIIMI II a 111-i 11, 111 "1 ;l1ti i;; 1!' 1:1 n,; I; «; 1!'I'!! 2489 21968 130883 573070 505864„ 53.65 7091.18 641912 Amount CCr Owes WAprMayQ1M—rQUlTt- - 1817.00 Sep Oct Nov 91 Credit -12455 Dec 91 Jan Feb 92 125.49 Mar Apr May 92 658205 Jun Jul Aug 92 541912 11185.1 • Mefiod City Used for Biling 0 Neva Cashed 8 -20-92 a 9 -17 -92 11185.1 • Mefiod City Used for Biling 0 Neva Cashed 8 -20-92 a 9 -17 -92 • �J CITY COUNCIL MINUTES - DECEMBER 10, 1991 Mr. Bill Block reported it was his intent to erect a concrete block building with precast roof, cen- trally located in the park, by spring 1992. It was the consensus of the Council that Mr. Block present a temporary evacuation plan, plans and spe- cifications for construction of a permanent shel- ter, and a completion schedule at the February 11, 1992 meeting. Mr. Block stated the State office did not provide any 'rules and regulations for the park to follow. He would prepare a proposal and have local contrac- tors prepare a plan. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to adopt Resolution No. 9629 requesting a temporary evacuation plan, plans and a completion schedule for construction of a permanent shelter at Country Club Terrace. 2. REVISED AGREEMENT WITH HUTCH, INC. Mr. Bill Block commented on the City's agreement with Hutch, Inc. and made reference to a five -year agreement. During discussion, it was pointed out that Mr. Block had never signed and returned the agreement to the City. Mayor Ackland stated a one -year agreement was pre- viously written, but the Council had never approved a five -year agreement. There was no reason for the City to change its policy. The City Attorney informed the Council that if no agreement was made, there was the potential of lit- igation by Block whether there was an agreement and if an agreement had been reached. Mayor Ackland commented he would support the 1991 arrangement, but he would not support a 1992 agree- ment. The park had a 800,000 and 500,000 gallon loss. 3. WATER /SEWER BILLING FOR MOBILE HOME PARK Mr. Block contended that the City was using a dif- ferent method for meter readings. The water charge 2 K41 I ) CITY COUNCIL MINUTES - DECEMBER 10, 1991 was based on the master meter while the sewer bill- ing was from individual meters versus the master meter. Block stated the water meters were in- stalled for the new method of City billing. The park's meters were read manually. Attorney Anderson commented on the over - charge at the mobile home park. He stated the City had established a policy on how it would charge. Even if Mr. Block might be correct that he was paying too much, it was irrelevant to the City's policy. Rather, it was a question of whether or not the City would enter into an agreement at this time. The motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to adjust the Country Club Terrace rates for 1991, and that the City make no commitment for any future ad- justment at this time beyond 1991. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to bill the 1991 sewer charges for the actual water usage on the water meter. Administrator Plotz referred to the large usage at the park and stated the City would be making an ex- ception to policy if it accepted Block's proposal. The Council had told staff to follow City policy. Director Randy DeVries stated the water from the park went into the sanitary sewer line, and it was treated. There was no water that surfaced to the ground. Alderman Mlinar asked if legally there may not be all that water going down the sanitary sewer. The City may not be able to bill for it. Attorney Anderson stated the issue did not rest on how the City calculated the water meter billing. (b) CONSIDERATION OF WORD OF LIFE SETTLEMENT Attorney Anderson reported the proposed agreement with Word of Life would include a $7,000 payment in 1991, the balance in subsequent payments, and final payment in 1998. i • I tL November 24, 1992 AnNOLD & MCDOWELL ATTORNEYS AT LAW I01 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Hutch, Inc. Water & Sewer Billing Issues Our File No. 3188 -90175 Dear Gary: OF COUNSH WILLIAM W. CAMERON RAYMOND C. I.ALLIER PAUL M. BEOICH CHARLES R.CARMICHAEL— 56M CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800 -343 -4545 FAX(612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389-5506 FOR YOUR INFORMATION 21 22 23 282 2 5 L Ste / P� IJ9�N i �\ `w/ A • I thought I would bring you up to date on my review of some of the legal issues involved in this case. I first want to share with you a copy of my letter of June 3, 1991, which was provided to the Council. That letter outlines the status of matters as of June 3, 1991. On June 12, 1991, I wrote Mr. Block and advised him that the City intended to rely on the master meter for all billing purposes. A copy of that letter is enclosed as well. On January 2, 1991, I provided a draft of the agreement between Hutch, Inc. and the City of Hutchinson. In summary, the agreement basically provided that water meters were to be purchased from the City and that Hutch, Inc. was responsible for maintaining and operating the meters. The draft of the agreement did provide for billing for sanitary sewer service to be based on total water usage- as measured by individual meters. The agreement was scheduled to run through December 31, 1991. The agreement was reviewed prior to consideration by the Council by City staff, including the Waste Water Treatment Manager, the City Administrator and myself. It appears that no agreement was ever executed. In the absence of an agreement, the City Council in June, 1991 did adopt by resolution a procedure which required all billing to be off of the •master meter and this was formally confirmed at the first regularly scheduled meeting in June, 1991. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION F- Al `l 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE RAN ASSOCIATION v DAVID B. ARNOLD •OARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOOF LAURA E. PRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD 0. McOEE CATHRYN D. REBER November 24, 1992 AnNOLD & MCDOWELL ATTORNEYS AT LAW I01 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Hutch, Inc. Water & Sewer Billing Issues Our File No. 3188 -90175 Dear Gary: OF COUNSH WILLIAM W. CAMERON RAYMOND C. I.ALLIER PAUL M. BEOICH CHARLES R.CARMICHAEL— 56M CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800 -343 -4545 FAX(612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389-5506 FOR YOUR INFORMATION 21 22 23 282 2 5 L Ste / P� IJ9�N i �\ `w/ A • I thought I would bring you up to date on my review of some of the legal issues involved in this case. I first want to share with you a copy of my letter of June 3, 1991, which was provided to the Council. That letter outlines the status of matters as of June 3, 1991. On June 12, 1991, I wrote Mr. Block and advised him that the City intended to rely on the master meter for all billing purposes. A copy of that letter is enclosed as well. On January 2, 1991, I provided a draft of the agreement between Hutch, Inc. and the City of Hutchinson. In summary, the agreement basically provided that water meters were to be purchased from the City and that Hutch, Inc. was responsible for maintaining and operating the meters. The draft of the agreement did provide for billing for sanitary sewer service to be based on total water usage- as measured by individual meters. The agreement was scheduled to run through December 31, 1991. The agreement was reviewed prior to consideration by the Council by City staff, including the Waste Water Treatment Manager, the City Administrator and myself. It appears that no agreement was ever executed. In the absence of an agreement, the City Council in June, 1991 did adopt by resolution a procedure which required all billing to be off of the •master meter and this was formally confirmed at the first regularly scheduled meeting in June, 1991. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION F- Al `l 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE RAN ASSOCIATION v Mr. Gary D. Plotz November 24, 1992 • Page 2 As late as October, 1991, Block acknowledged that the agreement had never been executed. A draft of the agreement was revised to reflect additional changes, including permission by the Council to go to a five year program, but to the best of my knowledge, that draft was never approved by the City Council and is not in any way binding upon the City Council. I confirmed with Mr Block that his decision to install meters was at his own risk and expense and a copy of my letter on that subject, dated October 30, 1991, is enclosed with this correspondence. I subsequently advised Mr. Block by correspondence dated November 14, 1991, that the City Council is not willing to go along with the proposed agreement and a copy of my correspondence is enclosed. I have not enclosed any of Mr. Block's letters to me dealing with his calculation of what he feels he owes. Finally, I do enclose a copy of Mr. Block's letter dated January • 2, 1992, wherein he recites that at the December 10, 1991 meeting, the City Council agreed to "honor the sewer /water agreement drafted in January, 1991." He felt the agreement should run from June 1, 1991. The City Council should decide what, if any, discount it is willing to give Mr. Block to resolve this issue based on the alleged agreement or non agreement. At this point, there is no written agreement between the parties and it is my view that Mr. Block installed the meters at his own expense and at his own risk. The legal exposure to the City is minimal at best although obviously there could be significant expense associated with litigation with Mr. Block, assuming he is willing to finance such litigation himself. The above is for your information. Thank you. Best regards. Very truly yours, APNOLD & Mc G. Barry Anderson GBA:lm • FI ` DAVID H.AR31OLD OARY D. NCDOW ELL STEVEN A.ANDERSON • O. HARRY AXDERSON STEVEN S. HOOF LAURA E. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE JOSEPH M. PAIEMF.NT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. WCOEE TIMOTHY W. PAP1NSIO June 3, 1991 A -RNOLD & MCDOWELL ATTOR14EY5 AT LAW 5681 CEDAR 1MHE ROAD MINNEAPOLIS, MINNESOTA 55416 -1493 (612) 545 -9000 MN TOLL FREE DOG PAX (612) 58 -1 William R. Block W. R. Block Companies 369 East Kellogg Boulevard St. Paul, MN 55101 Re: Hutch, Inc. Our File No. 3188 -90175 Dear Mr. Block: Gary: This letter included in Packet as a Information" t OF COUYZSL CHARLES R.CASMICIIAEL- WILLIAM W. CAMERON 501 SOUTH FOURTH STREET 471 should be the council 'For Your item, GBA I was surprised to discover the other day that you had apparently gone ahead and ordered all of the meters to be installed on • individual units in the mobile home park. As I am sure you are aware, the agreement sent to you for your signature several months ago called for the meters to be purchased from the city. Further, you are required by ordinance to buy the meters from the city. At the present time, the city will simply require you to produce one of the meters for inspection for the purpose of determining if the meters are adequate, accurate and comply with existing municipal requirements. The city reserves the right to require the removal of all nonconforming meters. You should coordinate this activity with Ken Merrill and Randy DeVries. Finally, I was most disturbed to hear from Randy that you represented to the city that I had given you the authority to go ahead and complete the project. As you know, you and I had a brief conference in my office two weeks ago in which you said the agreement that I had previously provided to you was satisfactory with the exception of the short time frame. The city council has subsequently agreed to extend the time frame to, I believe, five years to allow you additional time to recover your investment. Absolutely nothing was said at that meeting about your decision to purchase the meters from someone other than the city, in direct violation of city ordinance and the agreement. In fact, your only comment on this issue was that the investment for the purchase of the meters was likely to cost you something in the neighborhood of • $30,000 or more. ' CERTIFIED AS A CIVIL TRIAL SPFCIALIST BY THE MINNESOTA STATE DAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPF.CIAI.IST OY THE MINNESOTA STATE DAR ASSOCIATION 3350 William R. Block June 3, 1991 Page 2 It is my understanding that if the meters are satisfactory to the city and contain all the required features, the city will not require the replacement of the meters. I will be sending you a revised agreement reflecting the longer payback period. In•the interim, please make certain the meters are inspected and approved by the city. Thank you. Very truly ARNOLD & G. Bdrry Anderson GBA /kt cc: Randy DeVries Gary D. Plotz �J J • DAVID R. ARNOLD GARY D. McIN)w P. LL �STEVEN A. ANDERSON . BARRY ANDERSON' STEVEN S. HUGE LAURA K.FRETLAND DAVID A. RROEGGEHANN PAUL D. DOVE JOSEPH M. PAIEHERT JAMES UTLEY JULIA A. CHRISTIANS RICHARD 0. WORE TIMOTHY W. PAFINSKI June 12, 1991 ARNOLD & MCDO`VELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55050-2560 (612) 567-7575 Mr. William Block Hutch, Inc. 369 Kellogg Boulevard St. Paul, Mn. 55101 PAX (611'.)'307-4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Water Meter Matter - Hutch, Inc. Our File No. 3188 -91175 Dear Mr. Block: 01 COUNSEL CHARLES R.CARMICIIAEL" WILLIAM W. CAMERON 1601 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 11416 ( 61'2) 141.9000 MN TOLL PREP. 600 -1.L5 -4141 FAX(612)141 -1791 101 SOUTH FOURTD STREET PRINCETON. MINNESOTA 11071 (612):169.2214 FAX (612) 169 -1106 This letter is for the purpose of advising you the position of the •City Council for the City of Hutchinson with respect to the installation of water meters in Country Club Estates Mobile Home Park. Please be advised that the City intends to rely on the master meter for all billing purposes. Second, because you have chosen to install your own meters of a type and style different than the City's standard meter, the City will not be in a position at any point, either now or in the future, to undertake individual meter readings in Country Club Estates Mobile Home Park. Third, you have installed your own meters at your own risk with any responsibilities or obligations that may be associated with those meters. Please do not hesitate to contact me with questions. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson •GBA:lm CC Gary D. Plotz 'VFUTINED AN A CIVIL TNIAL SI'R('IALIST fly THE HINNENIITA NTATE DAN ANNOUTATION "vElerIVIVU AN A REAL I9((11'ER'11V LAW SPECIALINT BY -111V MINNRS(1TA STATE DAN ANN(WIATIUN DAVID R.ARNOLD VARY D.WDOWELL STEVEN A.ANDERSON O. BARRY ANDERSON' STEVEN S. ROOF LAURA N. FRETLAND DAVID A. RRHEDOENANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CU RISTIA.NS RICHARD 0. WORE .TIMOTHY W. FAFINSNI October 30, 199 A13NOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 PAX (612) 507 -4096 Mr. William Block Hutch, Inc. 369 Kellogg Boulevard St. Paul, Mn. 55101 RESIDENT ATTORNEY 0. BARRY ANDERSON Re: Water Meter Matter - Hutch, Inc. Our File No. 3188 -91175 Dear Mr. Block: or COUNSEL CHARLES R. CARMICHAEL— WILLIAM W. CAMERON 58111 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 NN TOLL FREE 800.841 -4545 FAX(612)545.1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389- 2214 PAX (612) 389.5506 This letter is a follow up to our office conference of this past Monday, October 28, 1991, in which you and I discussed the above referenced matter. First, it is my understanding that the agreement was generally satisfactory. we will be revising the agreement to correct grammatical errors and to bring it up to date and a draft will be sent to you following City Council approval next week. Enclosed is a copy of the tentative draft which I have sent to the City Council for their consideration. Please let me know if you have any concerns regarding the language in this agreement prior to next Tuesday evening. It should be clearly understood that the meters were installed by you in advance of the execution of a written agreement between the parties at your own risk and expense. As I pointed out in my letter of June 3, -1991, the City was surprised to discover that you had simply gone ahead and installed the meters without either executing the prior draft of the agreement that was sent to you or communicating with the City on these issues. Notwithstanding the foregoing, I am pleased that we were able to have a productive discussion on the terms of the agreement and I will get back to you regarding any changes that need to be made. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST DY TIIF. MINNESOTA STATE DAN ASSOCIATION "CF.RTIFIF.II AS A IIF.AL PROI•rilTY LAW SPECIALIST DY THE MINNESOTA STATE BAR ASSOCIATION 0 C, J 1. Mr. William Block October 30, 1991 Page 2 Second, the Council has expressed concern over complaints from residents about "excess billing" for water usage. As I understand the complaint of the tenants, they are presently being charged $6.00 for water usage, $5.29 for sewer usage and a per unit charge for water usage. It is your position that you are complying with Minnesota Statute §327C.04, Subd. 3 and that particularly when factored in with your reduction in the basic lot rent, the rates charged are reasonable and fair. The Council will need to decide if they wish to take further action on this point. I must tell you that it was clearly the City Council's understanding that this agreement was entered into not for the purpose of allowing a "profit" to be earned, but solely for the purpose of allowing a more accurate calculation on your part of your sanitary sewer charges. This was a concession the Council did not need to grant and one that the Council may not be willing to continue to grant if tenants continue to believe they are unfairly treated. Third, we discussed the evacuation plan. It is my understanding •that you wish to keep the present evacuation plan in place until sometime next year when you hope to start construction on a permanent park shelter as you have done at other parks. Clearly, a permanent park shelter is far more desireable than the existing evacuation plan. While there are other issues that we discussed, the above seemed to be the most significant points. Please do not hesitate to contact me if you have questions or concerns. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm Enclosure 1 HUTCH, INC. 369 EAST KELLOGG BOULEVARD • ST- PAUL. MN • 55101 January 2, 1992 Qr� Honorable Mayor and City Council City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Honorable Mayor and Council Members: :n FOR YOUR INFORMATIM 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 an 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. W. R. Blcck mb W.R. BLOCK GENERAL MANAGER • 612 - 228-9564 0 It • C M E M O R A N D U M DATE:Nov 24, 1992 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delinquent water & sewer accounts for the month of Nov Attached is a listing of the delinquent water and sewer accounts for the month of Nov. Recommend service be discontinued on Monday, Nov 30th, 1992 at Noon. • City Hall Parks &Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 9 -AI IL 3- 030 - 0646 -082 3- 210 - 0551 -033 • Jack Krippner Michael Keeler 646 Second Av SE 551 Adams St S Hutchinson MN 55350 Hutchinson MN 55350 646 Second Av SE 551 Adams St S 107.63 156.45 cc: Vicky Klabunde Route 1 Box 218 3- 275 - 0535 -065 Brownton MN 55312 Douglas Lunz 535 California St Hutchinson MN 55350 3- 045 - 0607 -088 535 California St Tina Kranzlar 138.71 607 Third Av SE Promises 11/30/92 Hutchinson MN 55350 607 Third Av SE 3- 287- 1148 -091 118.65 Kim Goranson cc: Stan Koci 1148 Carolina Av 525 Fourth Av SE Hutchinson MN 55350 Hutchinson MN 55350 1148 Carolina Av Promises 12/1/92 141.75 3- 380 - 0446 -062 3- 065 - 0535 -001 Stephen Voeklel Tim Stevens 446 Erie St S 535 Fourth Av SE Hutchinson MN 55350 Hutchinson MN 55350 446 Erie St S • 535 Fourth Av SE 119.70 134.72 Promises 12/11/92 3- 080 - 0250 -041 3- 383 - 1163 -022 Vance Haugen Milan Dummer 250 Fifth Av NW 1163 Fairway Av Hutchinson MN 55350 Hutchinson MN 55350 250 Fifth Av NW 1163 Fairway Av 145.74 192.99 Promises 12/04/92 3- 130 - 0136 -041 Miles Willhite 3- 490 - 0485 -052 136 11th Av NE Joseph Kopotski Hutchinson MN 55350 485 High St 136 11th Av NE Hutchinson MN 55350 244.27 485 High St Promises 12/9/92 76.56 3- 505- 1020 -081 3 -210- 0416 -081 Hutch Sports /Equip Calvin Lee 1020 Hwy 7 West 416 Adams St S Hutchinson MN 55350 Hutchinson MN 55350 1020 Hwy 7 West • 416 Adams St S 38.90 180.21 3- 530 - 0712 -021 Vince Jahner 712 Hilltop Dr Hutchinson MN 55350 712 Hilltop Dr 248.21 cc: James Schlagel 656 Juul Rd Hutchinson MN 55350 3- 705 - 0083 -021 Susan Griep 83 McLeod Av Hutchinson MN 55350 83 McLeod Av 149.21 Promises 12/01/92 3- 735 - 0325 -044 Todd Wrucke 325 Monroe St S Hutchinson MN 55350 325 Monroe St S 128.00 3 -765- 0810 -092 David Laine 810 Oak St Hutchinson MN 55350 810 Oak St 169.79 Promises $60.00 11/25 Balance 12/03 3 -800- 0575 -012 Rodney Markgraf 575 Peterson Circle Hutchinson MN 55350 575 Peterson Circle 187.32 Promises 12/7/92 3- 815 - 0436 -031 Scott Anderson 436 Prospect St Hutchinson MN 55350 436 Prospect St 134.72 3- 870 - 0707 -071 Jeff Hart 707 Shady Ridge Rd Hutchinson MN 55350 707 Shady Ridge Rd 173.67 3- 910 - 0740 -082 David Papke 740 Spruce St Hutchinson MN 55350 740 Spruce St 41.12 3- 680 - 0875 -034 Joel Ringeisen 1103 C North High ST Lake City MN 55041 875 Main St N 117.51 cc: Darlene Rahn 875 Main St N Hutchinson MN 55350 4- 950 - 0765 -071 Mark Betker 705 Glen St S Hutchinson MN 55350 765 Wagner St 16.98 cc: Earl Olson 765 Wagner St Hutchinson MN 55350 jr 0 • • ��u #r�irt,snn ,�mhtts.�tt�vr� November 13, 1992 Mr. Gary Plotz City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Gary: 45 WASHINGTON EAST HUTCHINSON, X51 a �nV1S92 `'N�, o) gECF•IE' I A r The Hutchinson Ambassadors would like to donate the three remaining HUTCHINSON signs to the City of Hutchinson. The signs are located on the following sites: Highway 15 North (Maplewood Academy property) Highway 15 South (Hutchinson Technical College property) Highway 22 South (McKimm property) It is my understanding that legal arrangements have been made for the signs with the assistance of G. Barry Anderson. Again, the only restriction placed on this gift is the hope that no signs of any type would be placed in close proximity to the HUTCHINSON signs. Recognizing current budget constraints, the Ambassadors will allocate up to $500 annually to sign maintenance. Any repairs submitted to the Ambassadors will be paid up to the $500 limit. If you need further information or assistance, please contact me. I would be happy to represent the Ambassadors at the City Council meeting. Sincerely chael B'ssen 1992 Pres nt "?"qW5 Uq& 6uhm ia ww" q-fi I TO: Mayor & City Council FROM: Dolf Moon, Director of Parks & Recreation DATE: 10 -29 -92 RE: Parkland Dedication Recommendation At the regular monthly October Park Board meeting, the Hutchinson Park Board was addressed by Mr. Don Wetter and Mr. Dan Cobom representing Coborn's, Incorporated. Mr. Wetter and Mr. Cobom discussed information concerning the proposed $6,862.50 Parkland Dedication fee. • After much discussion, Board Member, Virgil Voigt offered the following motion; the Parks and Recreation Board feels that it was not administratively correct to suggest the negotiable 2,000 dollar fee to Coborn's, Incorporated. However, the Board is recommending that the "staff recommended" fee using the negotiable formula stating that Coborn's contribution would be $6,862.50 should be recommended. Board member Mike Schall seconded the motion, the Board unanimously agreed 5 -0 with Board Member, Linda Martin abstaining. cc: Gary Plotz Jim Marka Park Board Members File City Hall 37 Washington Avenue West t (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hrltchirlson, Minnesota 55350 Police Department 10 Franklin Street Sor (612) 587 -222 �r C M E M O R A N D U M DATE: November 18, 1992 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF PARK BOARD PARKLAND DEDICATION RECOMMENDATION The Planning Commission agrees with the recommendation of the park board to the City Council. Cihl Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 ri ri ttd nn neyded tv:prr- Police Department 10 Franklin Street South (612) 587 -2242 9 -e, November 11, 1992 AIRNOLD & MCDOWELL ATTORNEYS AT LAw 5881 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 (612) 545 -9000 MN TOLL FREE BO3- 343 -4545 FAX (612) 545-1793 Gary D. Plotz Hutchinson City Administrator Hutchinson City Hall 37 Washington Ave. W. Hutchinson, MN 55350 RE: Marcel Proulx v. Roelln v. City of Hutchinson Our File No. 3244 -92056 OF MO XL WlL W. CAVEEOH HATNOND C.- ALLIES PAM N. DBOICH CHAELES H. uKWICEAEL" 501 SOOTS FOUBTR BTHEET PRINCETON, MINNESOTA 55371 (612)389 -2214 FAX (612) 389-5506 101 PARE PLACE HUTCHINSON, XINNESOTA 55350 (612) 587 -7575 PAX (612) 567 -4096 o ^� ,\ % IF�I�p� JSSZ N REi y}� N Dear Gary: Enclosed herewith please find a copy of correspondence received • from attorney Steve Ward along with a Settlement Agreement. The Settlement Agreement has been approved by Carol Rubic, the attorney who represents the city in connection with the litigation, and has also been approved by counsel for the plaintiff and counsel for the defendant. It is appropriate to have the city enter into this agreement and I would ask that this matter be placed on the City Council agenda for the next regularly scheduled meeting so that the agreement can be approved and executed. Should you have any questions in connection with this matter, you should feel free to contact me. Thank you. Best regards. Very truly yoaLs, j , ARNOLD LL G. B ry Anderson GBA/ b Enclosure • 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAS ASSOCIATION 'CERTIFIED AS A REAL PROPERTY L. SPECIALIST BY THE MINNESOTA STATE BAR ASSOCLATION T DAVID H. AHNOLD WRT D. NcDOMEI.L 9TEVEli A. ANDERSON O. I5A88F ANDBHSON' STEVEN H. HOOE LAURA E. PRETEND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAVEMENT JANEs UTLRT RICHARD O. M[OEE CATHRYN D. REBER November 11, 1992 AIRNOLD & MCDOWELL ATTORNEYS AT LAw 5881 CEDAR LANE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 (612) 545 -9000 MN TOLL FREE BO3- 343 -4545 FAX (612) 545-1793 Gary D. Plotz Hutchinson City Administrator Hutchinson City Hall 37 Washington Ave. W. Hutchinson, MN 55350 RE: Marcel Proulx v. Roelln v. City of Hutchinson Our File No. 3244 -92056 OF MO XL WlL W. CAVEEOH HATNOND C.- ALLIES PAM N. DBOICH CHAELES H. uKWICEAEL" 501 SOOTS FOUBTR BTHEET PRINCETON, MINNESOTA 55371 (612)389 -2214 FAX (612) 389-5506 101 PARE PLACE HUTCHINSON, XINNESOTA 55350 (612) 587 -7575 PAX (612) 567 -4096 o ^� ,\ % IF�I�p� JSSZ N REi y}� N Dear Gary: Enclosed herewith please find a copy of correspondence received • from attorney Steve Ward along with a Settlement Agreement. The Settlement Agreement has been approved by Carol Rubic, the attorney who represents the city in connection with the litigation, and has also been approved by counsel for the plaintiff and counsel for the defendant. It is appropriate to have the city enter into this agreement and I would ask that this matter be placed on the City Council agenda for the next regularly scheduled meeting so that the agreement can be approved and executed. Should you have any questions in connection with this matter, you should feel free to contact me. Thank you. Best regards. Very truly yoaLs, j , ARNOLD LL G. B ry Anderson GBA/ b Enclosure • 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAS ASSOCIATION 'CERTIFIED AS A REAL PROPERTY L. SPECIALIST BY THE MINNESOTA STATE BAR ASSOCLATION T D O. COMER (1914 1967) RONAIDJ MCGRAW STEVEN L. WARD November 5, 1992 Arnold 6 McDowell 101 Park Place Hutchinson, MN 55350 WGRAW & WARD, P.A, ATTORNEYS AT LAW SUTE n9 C[TRENS SAW BUILDMMS PO. box HUTCHINSON. MINNESOTA 55350 Attention: G. Barry Anderson Re: Marcel Proulz v. Patricia Koelln v. City of Hutchinson Dear Barry: IEIEPHONE0 612 587 3V F A %612 557 Y.G7 M)2 m `w W RECE [JEI) LQ ti Enclosed is the original Settlement Agreement and Release concerning • the above - captioned matter. You will note that it has been executed by the Plaintiff and my client. I have discussed this document with Carol Kubic and she is in agreement that it is acceptable and that the appropriate representative of the City of Hutchinson should execute the Agreement, have it notarized and returned to me so that I can pass it along to Mr. Newman. Therefore, I would appreciate it if you would have this document signed and notarized and returned to me within the next several days so that we can once and for all end this matter. Very truly yours, PVYSteven L. Ward SLW:ab Enclosure cc: Carol Kubic • ---p` r Ll STATE OF MINNESOTA COUNTY OF MCLEOD Marcel B. Proulx and Jill Proulx, Plaintiffs, VS. Patricia Koelln and Jeff Seifert, Defendants and Third Party Plaintiffs, VS. City of Hutchinson, Minnesota, a municipal corporation, Third Party Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No.: C3 -92 -24481 :a 1:4 1 :1-1:41 0 This Settlement Agreement/Release is made and entered into by and between Plaintiffs, Marcel B. Proulx and Jill Proulx, Defendants and Third -Party Plaintiffs, Patricia Koelln and Jeff Seifert, and Third -Party Defendant, City of Hutchinson, Minnesota, a municipal corporation. WHEREAS, Plaintiffs are the owners of certain real property located in the City of Hutchinson, McLeod County, Minnesota, legally described as follows: Lot 5, Block 4, Helland's Sixth Addition; and WHEREAS, Defendants and Third -Party Plaintiffs own /or occupy property located in the City of Hutchinson, McLeod County, Minnesota, legally described as follows: Lot 4, Block 4, • Helland's Sixth Addition; and WHEREAS, Plaintiffs have commenced a nuisance action in District Court, McLeod County, Minnesota, entitled: Marcel B 9__7) Proulx and Jill Proulx, Plaintiffs, vs. Patricia Koelln and Jeff Seifert, Defendants and Third -Party Plaintiffs, vs. City of Hutchinson, Minnesota, a municipal corporation, Third -Party Defendant, File No. C3 -92 -24481 ( "action "); and WHEREAS, Defendants and Third -Party Defendants have filed their answers and affirmative defenses in said action; and WHEREAS, Plaintiffs, Defendants and Third -Party Plaintiffs and Third -Party Defendant desire to fully and permanently settle, discharge and release any and all claims that they have or may have against each other arising out of or in connection with the action and any matter relating thereto; NOW, THEREFORE, in consideration of One and no /100 Dollar ($1.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. Third -Party Defendant acknowledges proper authority has been granted to the Defendants to connect an underground line to the Third -Party Defendant's storm sewer for the purpose of discharging water from the sump pump located on the Defendants' premises. 2, Defendants shall keep the water discharged from said sump pump continuously connected to the underground line and shall keep the underground line in good working order. 3. Defendants paid to the Plaintiffs the sum of Seven Hundred Thirty -two and 03/100 Dollars ($732.03). 4. The Plaintiffs, Marcel B. Proulx and Jill Proulx, hereby release and forever discharge the Defendants and Third -Party • Plaintiffs, Patricia Koelln and Jeff Seifert, and the Third- 2 . Party Defendant, the City of Hutchinson, Minnesota, their heirs, legal representatives, successors and assigns from any and all claims and causes of action of any kind or nature whatsoever that the Plaintiffs ever had, now have or may hereafter have against Defendants and Third -Party Plaintiffs and Third -Party Defendant, their heirs, legal representatives, successors and assigns by reason of any matter or thing arising out of or in connection with the action and any matter relating thereto. 5. The Defendants and Third -Party Plaintiffs, Patricia Koelln and Jeff Seifert, hereby release and forever discharge the Plaintiffs, Marcel B. Proulx and Jill Proulx, and the Third- Party Defendant, the City of Hutchinson, Minnesota, their heirs, legal representatives, successors and assigns from any all claims and causes of action of any kind or nature whatsoever that the Defendants and Third -Party Plaintiffs, Patricia Koelln and Jeff Seifert, ever had, now has or may hereafter have against the Plaintiffs or Third -Party Defendant, their heirs, legal representatives, successors and assigns, by reason of any matter or thing arising out of or in connection with the action and any matter relating thereto. 6. The Third -Party Defendant, City of Hutchinson, Minnesota, a municipal corporation, hereby releases and forever discharges the Plaintiffs, Marcel B. Proulx and Jill Proulx, and the Defendants and Third -Party Plaintiffs, Patricia 0 Koelln and Jeff Seifert, their heirs, legal representatives, successors and assigns from any and all claims and causes of 3 7. S. 9. action of any kind or nature whatsoever that the Third -Party . Defendant, City of Hutchinson, Minnesota, ever had, now has or may hereafter have against the Plaintiffs or Defendants and Third -Party Plaintiffs, their heirs, legal representatives, successors and assigns, by reason of any matter or thing arising out of or in connection with the action and any matter relating thereto. It is the specific intent of the parties of this Settlement Agreement /Release to release and discharge each other from any and all claims and causes of action of any kind or nature whatsoever whether known or unknown, asserted or unasserted, and whether specifically mentioned herein or not, which may exist or might be claimed to exist at, prior to, or subsequent to the date hereof by reason of any matter or thing arising out of or in connection with the action and any matter relating thereto. The parties specifically waive any right to assert that any claim has been, through oversight or error, or intentionally or unintentionally omitted from this Settlement Agreement \Release. The parties understand that this agreement is a compromise of doubtful and disputed claims and that the execution of this Settlement Agreement/Release is not to be construed as an admission of liability on the part of any of the parties hereto, and that such parties expressly deny liability therefore, and intend merely to avoid further litigation with respect to such claims. The terms of this Settlement Agreement/Release shall be is considered a contract between the settling parties and shall 0 • • be construed in accordance with the laws of the State of Minnesota. 10. This Settlement Agreement /Release shall inure to and bind the parties hereto and their respective heirs, legal representatives, successors and assigns. 11. The parties further declare and represent that no promise, inducement or other agreement not herein expressed, has been made by them and that this Settlement Agreement /Release contains the entire terms of the agreement between the respective parties. Dated: l� q'( Dated • 10 - a q - l i Dated: Dated:( -� Z Dated: Plaintiffs. Marcel B. Proulx ill Proulx Defendants and Third -Party Third -Party Defendant: City of Hutchinson, Minnesota, a municipal corporation STATE OF MINNESOTA) By ) ss• Its COUNTY OF MCLEOD ) The foregoing instrument was acknowl ged befor me this 29th day of October, 1992, by Marcel B. Pro 4x and J/ifl7Proulx. SCOTT J. iurvu c N CDUNi . COOL y. 70. 1994 5 ary Public SCOTT J. HEWMA " WTMV MLK- M01% :1 _ r IQDMV MCLEOD COUNTY Com. EWm Apr. 30. 1994 . STATE OF MINNESOTA) ) ss. COUNTY OF ('1CLt4 ) The fol ;egoizr}}g •i�nstrument was day of �IIO��pa -✓ , 19q] -, by STATE OF MINNESOTA) ) ss. COUNTY OF ) acknowledged before me this 3� Patricia Koelln and eff Seifert. Notary Public LLO-4 15' STEVEN L WARD NOTARY PUKc • iwaEW A McLEOD COUNTY Ih Coen. Eg. IUr 1Z, jm The foregoing instrument was acknowledged before me this _ day of 19_, by the of the City of Hutchinson, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. Notary Public • Pi 0 A. 0. (Tony) Victorian COUNTY ASSESSOR 0 November 16, 1992 Office of McLeod County Assessor Court House 830 11 th Street East Glencoe, Minnesota 55336 NOV 1�9J9�'2 RECEI r Ul co \y 3Y.. To Mr. Gary Plotz City Administrator From: A. 0. Victorian County Assessor Enclosed is the 1993 assessment agreement between McLeod County and your city. The adjustment in the assessment fee is based on the past years increased labor cost. Please present this to the city council for approval and return it to this office. AOV /ar Enc: �J TELEPHONE 864.5551 j 2�+ ASSESSMENT AGREEMENT BETWEEN LOCAL UNIT AND COUNTY THIS AGREEMENT is made and entered into by and between the City of 3iutchinson and the County of McLeod State of Minnesota, 2r_d day of January , 1993 WHEREAS, the City of Hutchinson wishes to abolish the office of assessor for said City , under the provisions of Minnesota Statutes, Section 273.072, and enter into an agreement with the County of McLeod to provide for the assessment of the property in said City by the county assessor: and WHEREAS, it is the wish of said county to cooperate with said City to provide for a fair and equitable assessment of property; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: I. That the City of Hutchinson which lies within the County of McLeod and constitutes a separate assessment district, shall have its property assessed by the county assessor of McLeod County, beginning with the assessment of the year 1993 , providing this agreement is approved by the Commissioner of Revenue of the State of Minnesota. 2. It is further agreed that the office of local assessor of the City Of Hutchinson is hereby abolished, pursuant to this agreement and the approval of the Commissioner of Revenue, and that such office shall cease to exist for the duration of this agreement, which shall be until December 31 19 93 . 3. In consideration for said assessment services, the City of • Hutchinson hereby agrees to pay the County of McLeod the annual sum of 122.900.00 such payment to be made to the county treasurer on or before December 1. 1993 IN WITNESS WHEREOF, the parties have executed this agreement this day of 19 In Presence Of: For City or Township Signed: In Presence Of: By Attest For County: Signed: By Attest The above agreement is hereby approved by the Commissioner of Revenue this . day of 19_ Dorothy McClung, Commissioner of Revenue 0 C M E M O R A N D U M TO: Mayor & Council FROM: Gary Plotz, Chuck Nelson, Don Erickson SUBJECT: Liquor Store Items The attached listing of 15 items are recommended for approval, with ,the exception of item #6 for painting at $3,025.00. Since the ceiling reduces the painting work scope, we feel the remaining painting could be done by ourselves or our subcontractor at a lesser cost. • GOEBELS- -FOR YOUR INFORMATION We will attempt to obtain a bid from Goebels on the front checkout counter and rear counter storage shelf. I have contacted Goebels, and they would be interested in making a proposal. They will contact me in the near future. COUNTY MARKET- -FOR YOUR INFORMATION I have contacted Rick Johnson of County Market, and he intends to give us a proposal on: (1) back room shelving; (2) pallet truck, probably electric; and (3) possibly the rear inventory room double doors. Most of the shelving in the food store is 6 feet, and we need 5 feet for the sales area. We may buy new, as indicated in the quotes you previously received. /mjs cc: Rick Baker, Everest Group Ken Merrill, Finance Dir. Chuck Nelson, Liquor Store Mgr. • Charles Grinstead, Grinstead & Assoc. City Hall Parks &Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 ��—� -i r. l rd or, rcnrcli d nw_, I November 19, 1992 Mr. Rick Johnson County Market 1005 Hwy. 15 So. Hutchinson, MN 55350 SUBJECT: City of Hutchinson's Interest In Some Store Fixtures Dear Rick, The City has some interest in the following items, and we ask you to provide a price for each: 1. Center 6 feet high green warehouse shelving, 5 sections (without the Lozier shelving). 2. Yellow pallet truck. 3. Possibly, the cooler doors and frame, to the left of the dairy display. 4. Possibly, one set of bumper doors and frame (6 feet x 9 feet) to the rear storage area. 5. Eight (8) grocery carts, in good condition. 6. Possibly, the portable blue ladder on wheels. Thank you. Sincerely, CITY OF HUTCHINSON Gary Plotz City Administrator GDP /mms cc: YMayor 6 City Council Chuck Nelson Ken Merrill City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Prin fed on rcrpded paper - Police Department 10 Franklin Street South (612) 587- 222j4 '2 / F n U P • • EVEREST CONSTRUCTION CONIP.AN1' November 11, 1992 Mr. Gary Plotz City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 RE: Liquor Store Dear Gary, The following is a summary of items which I will be incorporating into the liquor store build out based on your verbal approval on November 4, 1992: 164041 1. Three additional entry /exit doors 2. Raised office area 3. Soffit over cooler 4. Upgrade service door to a double door 5. VCT flooring 6. Two floor drains 7. Paint interior walls 8. Electrical items: - Wall receptacles beyond base bid - Four floor rough -ins - Cooler electrical hook -ups 9. HVAC lateral ducts and diffusers for a 2 x 4 lay -in ceiling at 11' - 0" ESTIMATE $2,200.00 $2,310.00 $1,950.00 $ 330.00 $5,100.00 $ $3,025.00 $2,035.00 $1,200.00 $2,420.00 $3,350.00 Following are additional items we discussed that I have gotten estimates on and I assume you want to proceed with: ITEM 1. Double acting, double doors to backroom (Eliason LWP 5) 2. Three outlets for pop machines 3. One outlet for decorative lights 4. Move restroom, slop sink, electrical panels and phone service to south wall 5. Ice maker electrical hook -up 6. Roof curbing and refrigeration pipe access (we did not discuss this one, however it will be necessary) (est.) 2685 Lone Lake Road P.O. Boy 110190 • Ro._'. il'_, \t\ c:! 11 ESTIMATE $1,800.00 $ 430.00 $ 130.00 $1,300.00 $ 300.00 $ 900.00 F Page Two Mr. Gary Plotz If during construction changes are made or if other items become necessary, I will work up an estimate for your review and approval prior to implementation. If the foregoing meets with your approval, please authorize below and return to my attention Sincerely, EVEREST CONSTRUCTION COMPANY Ri Baker R :pw E Authorization: Date: • J M E M O R A N D U M November 20, 1992 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Consideraton of Changes to Assessment Policy for 1993 Improvement Projects Due to the lateness of the season, and the need to begin public hearings for next year's projects, I am proposing that we revise the existing City assessment policy to limit side -yard credit to 150' per adjacent side yard. A complete Assessment Policy Manual is proposed to be completed over the next several months to address other issues as well. • City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - T r,? -,- I or recycled rarer - Police Department 10 Franklin Street South (612) 587 -2242 9--r. C M E M O R A N D U M November 20, 1992 T0: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Consideration of Approving Contract with Wold Architects Regarding Architectural /Engineering Services for the Proposed New City Hall Gary, Ken and Z met with Michael Cox of Wold on Wednesday, November • 18th. We discussed the extent of the services expected and items to include in the contract. We also reviewed the service cost estimates supplied with their proposal, and made revisions where appropriate. We are satisfied with the items covered at that meeting, and expect to have a draft of the contract today (Friday) for the packet. We will review the contract with Barry and hope to have a final version for signature by the Council Meeting. r1 LJ <Jj> City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 Pr" •. -: a nn nrv� (rr11'«p<', - Police Department 10 Franklin Street South (612) 587 -2242 9J' T H E A fd E R I C A N I N S T I T U T E 0 P A R C H I T E C T S s • 0 AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION 7711.5 DOCUAfE.vr HAS IMPORTANT LA'GAL CONSEQUENCt.:S; CONSU 7ATION 1XII711 AN ATTORNEY IS F,.VC011RAGED WITH RF.S'PECT TO ITS COMPLF.TH N OR MODIf7CAUON AGREEMENT made as of the Nineteen Hundred and BETWEEN the Owner: (14'arric Arid aadmq and the Architect: (Nast and address) Nineteenth day of November Ninety -two City of Hutchinson 37 LVashington Avenue West Hutchinson, Minnesota 55350 Wold Architects and Engineers 6 West Fifth Street St. Paul, Minnesota 55102 For the following Project: (frrcluae deladed deanipnon of P Tyecr, ltxattun, addrtrss area scope.) in the year of Design services for renovation of the More -4 commercial facility located in the City of Hutchinson at 1st Avenue South East and Jefferson Street into a new city hall and municipal offices with related sitework. The Owner and Architect agree as set forth below. Copyright 1917, 1926. 1948, 1951, 1953, 1958, I%I, 1963, 1966, 1967, 1970, 1974, 19'7, 51987 by The Amcdcan Institute of Architecu. 1735 New York Avenue, N.W.. WasWrigtun, U.C. 2tR3u6. Reproduction of the material herein or suhrtantial yuolatlon of Ile provleionS without wrltlCn permusion of the ATA violame the copyright 12w•s of the United States and will be 9 T tubject to legal prosecution. / v ALA DOCUMeNT 1141 • OWNER ARCHITECT ALREEM6N1 • FOURTEENTH EDITION • AIA& • CU 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D C. 200x8+ 9141 -1987 1 TERMS AND CONDITTONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1,1 ARCHITECT'S SERVICES 1.1,1 The Architect's services ccilAist of dense services per- formed by the Architect, Architect's employers and Architect's coinsultants as enumerated In Articles 2 and .) Of this Agreement and any other services Included In Article IZ. 1.1.2 The Architect's services shall be performed as expedi- rkwsly as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Arehltco shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project protteeds, and shall inciudc alkrwanccs for periods of tittle required for the Owner's review and fur approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, cxcgx for reasonable cause. Ix cxdxedcd by the Architect or Owner. 1,1.3 The services covered by this Agreement are subject to the tfine limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2,1.1 The Architect's Basic Services consist of those dneribed in Paragraphs 2.2 through 2.6 anti any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2,2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 '111e Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each n1 terror Of the Other, subject ill the nmha- tklns set forth In Subparagnaph 5.2.1. 2.2,3 The Architect shall review will' the Owner alternative approaches to design and construction of the Project. 2.2.4 nased on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schemadr Iksign DOCu- ments consisting of drawings and other ductumerts iijastrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to file Owner a preliminary estimate of Constnuetion Cost based on current area. volume tar other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved schematic Design Ducliments and any adjustments authorized by the Owner In the program. schedule Or constmction hudgct, the Architect shall prepare, for approval by the Owner, Dcsigil f)cvelopmcnt Llncumenls consisting of drawings and other documents to AX and ekscribc . the size and character Of the Project as to architectural. struc- tural, mechanid:d and electnul systems, mated2h and such usher elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to file prdirtilnary esdmatc of Construction Cast. 2.4 CONSTRUCTION DOCUMENTS PHASE • 2,4.1 Based nn the approved Design Development fklcu. merits and any further adjustments In the scope or quality of the Project or in the construction budget nithorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction L%lcuments consisting of Drawings and Spccillea- tlons setting forth in detail the regniremenes for the cunttruc- flutl of the Project. 2,4.2 The ArchltrCt shall assist the Owrle-r In the preparatWn of the necessary bidding Information, bidding forms, the Condl- tions of the Contract, and the form of Agreement between the Vwncr and Coot M. 'tor. 2.4.3 The Architect shift[ advise the Owner of any adjustments to previous preliminary e51itnitcs of ( :011strUClion Cust tndi- cated by changer In requirements or general market conditlax. • 2.4.4 The Architect shalt assist the Owner in connection with the Owner's responsibility for filing dncturents rerryirml for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the iarest preliminary estimate of Construction Cost, shall asset tilt Owner in obtaining bids or negotiated prOf00%la and assist in awarding and preparing contracts for cOnstnlctinn. 2,6 OF THE CONSTRUCTION CONTRACT 2.6.1 1'he Architect's resiulnsibilily to provide Basic services for the COnAlrUCtfnn 1'huse under this Agreement cnmmenecs with the awarel of the Contract for Conslntctnln and termi rates at rife earlier of the issuance rat the Owner rat the flood Ceruticate for Payment fir Of days after file date Of Substan- tial Completion or the Work. 2.6.2 The Architect shalt provide adnlinistrattoil of the <kfn- trtct for Construction asset forth below and to the edition Of AIA Document A201, General Condltinim of the Corcract for Construction. current as of the date of this Agreement, unless otherwise provided In this Agreement. 2.6.3 Duties, responsihllities and lhnilations of authority of the Architect shall not he restricted, modified ur extended without Am written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonahly willillcid. AIA DOCUTAENT 9141 • OwNFII- ARCHITECT A,;iterAiENT - POUNTF.RN'IH Rn11rON • AIA` • l'11987 0141 -1987 2 THE AMENIGdN INS I ITI I "IF Of ARC i I F(7T], 173s NER' YORK AVENCT„ N . WA)1I I No, ION, D C. 31N),k6 0 E • 2.8.4 The ArchilMi Shail be a rcprescnuttive of and shall advise and cnnsult with the Owner (1) during construCiloan unto final payment to the Contractor Is due, and (2) as an Additional Ser- vice 21 the owner's direction from time to tithe during the cot rection period de3cribecl in the Cnn'nct fur Construction. The Architect shag have authority to act on behalf of the Owner Only to the extent provided In this Agreement unless otherwise mudll)ed by written lnsrnnnent. 2.8.6 The Architect shall visit the site at intervals apprupriatc to the stage of construction or as otherwise agreed by the Owner and Architect In writing to hernnir generally f;tmillar with the progress and quality of the Work completed and to determine In general it the Work is heing performed In it man net indicating that the Work when completed will be In accor- dance with the Contract DoMments, However, the Architect shall not he required to make exhaustive or contlnuous on site Inspections to check the quality of quantity of the Work. Un the basis of on -site ubscrvatlons as an architect, the Architect shall keep the Owner Informed of the progress and quality of the Work, and shag endeavor to guard the Owner against defects and deficiencies in the Work. (Afore esrcrosipa sire represCn1arkur ma}' be ugrved lu as an Addinurur( Service, as described in Paragraph.3.2) 2.8.6 Tile Architect shall not have control over or charge of and shall not be responsible for construction nicans, nnethexb, techniques, sequences or procedures, or for safety precaution,,' and programs In connection with the Work, since these arc solely the Contnac[nr's responsgblity under the Contract for Construvdon, The Architect shall not br responsible fur the Contractor's schedules or falhtre ro carry out the Work in aemr- danee with the Contract lorcuments. 1'lie Architec[ shall not have control over or charge of acts I1,romissions of Elie Cuntrac- fur, Subenniractors, or their agents or empiovtts, or of any other ptrsoms performing portions of the Will 2.6.7 The .Architect shall at all times have access to the Work wherever it L. In prrrivation or progress, 2.6.8 Except ;s may otherwise be provirleti in the Contract Documents or when direct communications have been spe- dally au[hnnzed, the Owner and Contractor shall c-ommunk;rtr through die Architect. Communication, by and with the. Archi- tect's consultants shall be through file Architect. 2.6.8 idled un the Architect's observations and evaluations of the Cur tractor's Applications for Paynhrnl, the Architect shall review and certify the anhOUnls due the (Alntrae-t Ur. 2,6.10 The Architect's crnificattnn for payment shall co"i- mue a representation to the Owner, based nn tilt Architect's obscrvahon.s at the site as provi(led ire Subparagraph 2.6,5 and on life data comprising the Contractor's Application for Pay - men', that one Work his progressed to the point Indicated and that, to the best of the Archirect's knowledge, information and belief, quality of the Work N to accordance with die Contract Documents. The foregoing rcpresentatkms are subject to an evaluadnn of the Work fix conformance with rile Contract Docimtents upon Suhstanual Complcunn, to «:subs of subsc- qucnt tests and inspections, to mnlmor deviations from the Cort- tmct Documents corrmiable prior to connplr.uon and to six. cifir qualifications expressed by The Architect. The ismiance of a Crnificatc fur Psymrnt shall further consuune a representation [hit tilt- Contractor is entitled u) payment in the amnunf rent. fled. However, lilt issuance of a Cerrificme for I'avmcnt shall nut be a rcpresahtatton that the Architect has (t) tirade cxhaus- five or continuous on site Inspections to check the claalhy or Quantity of [he Work, (2) reviewett construction means, mteth- odq, techniques, sequences or procedures, (3) reviewed ropirs of requisitions received from Subcontractors and material sup- pliers and other data requested by the owner to substarntlet[e the Contractor's right ro payment or (4) au:r Amurrcd how or for what purpusc the C(ntractor has used money prevknsiy paid on account of the Contract Sunl, 2.6.11 Thr Architect Shall have authority to rrimt Work which dues not cunform u1 the Contract Documents. Whenever the Architect considers it necessary or advisable for Impicmenw- tion of the Intent of tine Contract focumenis, the Architect will have authorhy w require adegtional Inspection nr testing of the Work in accordaatce with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed However, neither this authority of the Architect nor a decision made In good faith either to exercise or not 1,0 exer cise such authority Shall give rise to a duty or msptmsillifity of the Architect to the Contractor, Subcontractors, nlamdal and equipment suppliers, their agents or employees or other per- sons performing portions of file Work. 2.8.12 The Architect shall rcvlcw and approve or take other appropriate action upon Contractor's subtttittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with luformation given and the dewgn concept expressed in the Contract Documents. 'File Architect's action shall he taken with such rcisonablc promptness as TO cause no delay in the Work or in the con- struction of tine Owner or of wlmrltc contract,)", while alluw- trtg Sufficient time in the Architect's professional judgmrnt to Permit adequate review. Review of such submitraLs is riot con - tluctml for the purpoise of determining the accuracy and colh- pletcrivu of nthet details such as dimensinlis; end quantities. or fix substantiating Instructions for h>stallation or performance of equipment or systems designed by the CAMouctor, all of which remain the resiwnsibility of the Contracnr to the extent require(] by the Contract f7UCUMcnts. The Architcrt's review shall not construe approval of safely precautions or, unless otherwise specifically stated by the Architect, of consiruction titans, methods, imliniqucs, Segtrences of procedures. The Archften's approval of it specific Item shall not indicate approval of an assembly of which the item is a alinIx,ocnt. When pfof "slunal ccroNcation of performance characteristics Of materials, systems or equipment is require(] by the Contact Doctlrnents, the Architect shag be entitled to rely upon such certification ire establish that the materials, systems or cqufp- mria will meet the ptrfurmanec criteria required by the Corr tract Documents, 2.6.13 Thr Architect shall prepare Change Orders and ( :nn- strucdon Change oifecilves, will' supporting documentation and data If deemed necessary by the. Architect as provided In Subparagraphs 3. 1.1 :Ind 3.3.3, for the Owned s approval and execution in accordance with the Contract Documents; and may authorize minor changes In the Work not involcit[g an ad(ustmrnt in the Contract Sum or an cx[erwkon of (tic Contract Timc which are riot inconsistent with thr intent of the Contract Documents,. 2.6.14 The Architect Shall conduct inspections to determine the date or date, u( Substantial On"Pletiun and the date of final cHttplrtion, shall receive anti forwarcl to the Owner for the ()waters review ;cod rec'unls written warranties and related dunnurnts required by the Conlrtct Documents :cod aswni- blcd hV the Cuntrllcwr, and shall issue a final (Mr1iflcate for Pay 111011 upon compllanre with the requirements of nce. Gritract Documents. AIA DOCUMENT /141 • OWNLLIA M401111'(1 AGJM1,.hIEN "I" • WOR1 "ERN111 Cb111UN - AIA• • .bloH' 3 6141-1987 1111, ANI :kk AN INCTIIU'1'E OF ANCHI'rE( :TS, 1735 NEW YORKMENUE. N W, W441IN6'10N, UC -coM 2.0.15 The Architect shag interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract fkx:munts on written request of either the Owner or Contractur. The ArchittxT'8 response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shag be consistent with the intent of and reasonably inferable from the Cnmract Ikxuments and shall be in writing or in the form of drawings. When making such interpretations and initial dmi- Mons, the Architect shag endeavor to secure falthfil lerfar. mance by both Owner std Contractor, shall not show p2nt2gty to either. and shall not be liable for results of interpretations of dectuons so rendered in good faith 2.6.17 The Architect's decisions on matters relating to 2esthc lie effect shall be final If consistent with the intent expressed in the Ca,)nrract DtxumrntS. 2.6.16 The Architect shag render written decisions within a reasonable time on all claims, disputes or other matters In ques lion between the Owner and Contracuor relating to the rxcc:u- don or progress of die Work as provided in the Contract Documents. 2.0,19 The Architect's decisions on datms, disputes or other matters, including those In question between the Owner and Contractor, except for those reiaring to aesthetic effect as pn,- vided in Subparagraph 2.6.17, shall he subject to arbitration as provided nn this Agreement and in the Contract Documents, ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services dcscnbed in this Article 3 are tint included In ]Basic SCr•ICC9 unless so identified in Article 12, and they shall he paid for !ray the Owner as provided in this Agrttmcnt, in addition to the cumpensatiun for Now Serves. The services described under Paragraphs 3.2 and 3.4 shall only be pruvitlecl if authonzecl or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 arc required clue to circumstances tievnnd the Architect's control, the Architect shall notify the Owner prior to cemn- menetng such services If the Owner deans that such services drscrihect under Paragraph 3.3 are tint required, the Owner shag give prompt written notice to the Architect. If the Owner indicates In writing that all or pan of such Contingent Addi- tiuna) scrOces are not required, the Architecr shall have no obli- g2tkon to provide those services. 3-2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is requited, the Architect shall provide one or more Project Representatives to assist In carry- ing out such additional on -site responsibilities. 3,2,2 Proloti Representatives shall be selected. employed and directed by the Architect, and the Architect shall be compen. sated therefor as agreed by the Owner and Architect. 'Ihr (Ionics, rrsponsibi)itim and limitations of authority of Project Representatives shag be as described in the edition of AIA I1xunnent B352 current as of the crate of this Agrermeu, unless otherwise agreed. 3.2.3 Through the observations by such Prujn'.t Rcpresen- tatives, the Architect shalt endeavor to provide lurther protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project repmscntariun shall not - modify the rights, rnponsibtgties or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Spccificata)ns or other documents when .such revisions arc: .1 inconsistent with approvals or instnictions previously given by the Owner, including revisions made neces- sary by adjustments In the Owner's program or Prof- eel budget: .2 required by the enactment or revision of codes, laws or regulations subsecluent to the preparation of such documents; or .3 clue to changes required as a result of the Owner's fail- ure to render decisions in 2 timely manner. 3.3.2 Providing services required because of significant changes in the Project Including, but not limited to. size. qual- ity, complexity, the Owner's w,.hcdule, or the method of bid. ding or negotiating and contracting fur construction, except fur services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specific2nuns and other documcn carton and supporting data, evaluating Contractor s proposals. and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing cunsultativn cuocrntnng replacement. of Work damaged by fire or other cause during construction. aril fur- nishing servicrs required nn connection with the replacement of such Work. 3.3.5 Providing services made necessary by the default of the Contractor, by m2jor.defets or defnciecirs in the Work of the Cuntrvi tur, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating An extensive number of Claims submitted by the Contractor or others in connection with the work, 3.3.0 Providing services in connection with a public hearing. arbitration proceeding or Irgal pnK:eeding except where the Architect is party thereto. 3.3.0 Preparing documents for altemaie, separate, it sequential bids or providing scrvices in connection with bidding, negoti2- tion or construction prior to the completion of the Cunstrur- flun Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of rile I'miecl. 3.4.2 Providing financial feasibility or other special .tudir +. 3.4.3 Providing planning surveys, site evaluations or com- parative Studies of prospective sites. AIA DOCUMENT 8141 • UWNER ARCHITECT At.KEEMENT • rOURTEENTIn EDITION • AIA• • T, tun^ • • 0 u • 3.4.4 Providing special surveys, environniental studies and submtsstons required for approvals of governmental authorities or uthers having jurisdiction over the Project. 3.4.6 Providing services relative to future facilities, systems anti equipment. 3.4.6 Providing services to investigate cxisung concVdons or facilities or to make measured drawings thereof 3.4.7 Providing services to verify the accuracy of drawings or other infurmauon furruhed by the Owner. 3.4.8 Providing cuurdinanon of construction performed by separate contractors or by the Owner's own forces and coordi- natiun of services required in connection with construttiun performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a cwt - stria"iun manager or sgraratc consultants retained by the Owner. 3.4.10 Providing detailed estimates Of Consinlc'tlon Cost. 3.4.11 Providing detailed gaunuty surveys or inventories or material, equipment and labor, 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design gnu other similar services required tot or in connection with the wiccuun. procurement Of 11lw1112 iOn of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces 3.4.15 Malang investigations, invenrorir. of materials or ttltup melt, Or valuations and detailed appraisals of exismmg taclitirs. 3.4.16 Ptcpanng a .set of reproducible record drawings .show• ing significant changes in the Work made during construction based on marked -up print$, drawings and Other data furnished by the Contracmr to the Architect. 3.4.17 Providing assistance in the thdirtuon of equipincm car systems such as toting, udjttseing and balancing, prepamdon of Operation and maimenancc manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 61) days after the date of Sub - stanual Completion of the Work. 3.4.19 Providing services of consultants for other than archi- reetural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4,20 Providing way other services nut otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architccrural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set Forth the Owner's objectives, schedule, cunstraints and cri- tena. including space requirements and relationships, flexf bility, cxpandahility, special equipment, %ystems anti site requirements. 4.2 The Owner shall establish and update an Overall budget for the Project. including the (".onstructlon Cost, the Owners other touts and rcuunable contingencies related to all of these crests. 4.3 if requested by the Architect. the Owner shall humid) evi- dence that financial arrangements have been trade io fulfill the Owners obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to ductmlents submitted by the Archrmi In order to avoid unreasonable delay in the orderly and sequcntiai progress of the Architect's Wrvrocb. 4,5 The Owner shall funnsh surveys describing physical characteristics, legal llmtuuons and utility la-Adons for the site of the Project. and a written legal description of the site. The surveys and legal Information shall include, as applicable, grades and lines of streets, allevs, pavements and adjuiniog propcttl- and structures: adlaccnt drainage; rights -Of -way. restricuons- easements, encroachments, zoning, deed restnc- tions. boundaries and contours of the site: locations, dimen- sions and necessary data peraaning to existing buildings, other improvements and trees; and information concerning available utility services and tines. both public and private, above and below grade. including inverts and depths. All the informanun on the survev shall be referenced to a project benchmark. 4.9 The Owner shall furnish the services of gcotrchnical cnlp- neers when such services are requested by the Architect. Such services, may include but arc not limited to test borings, test pits, detemnnamons of soil hearing values, percolation tests, rvaluatinns of haurdotts materials, ground corrosion and rests - timity tests, including neces-sar• operabuns for anticipating sub - soil conditions. with reports and appropriate profesitonal recummcndations. 4.6.1 The Owner shall furnish the services Of other consul- tants when such services are reasonably required by doe snipe of the Project and are reqursted by the Architect. 4.7 The Owner shall furnish structural. mechanical. chemical, air and water pollution tests, tests for hazardous materials, and Other laboratory and environmcnnd tests, inspections and reports required by law or the Contract lkxuments. 4.8 The Owner shall fumish all Iegai, accuunttng and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may requite to verify the Contractur's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services. information. surveys and reports required by Paragraphs 4.5 through 4.8 shall be hrmished at the Owner's expense, and the Architect shall he entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owrmcr m the Architem if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall he submitted to the Architect for review and approval a lent 14 days prior to execution. The Owner shall tint request cerififa- tions drat would require knowledge or services beyond the scope of this Agreement. AIA fi11 MSNT 0141 • OWNER•ARCHI I ECT AGREF.MF.NT • FOURI'F.F.NTH RDMON • AIA' • W IW' 5 B141.1987 THE ANFR!t -AN INSTITUTE OF ARCHITECTS, I'll NEW YORK AVFNI IF, N _ WA5H1VGTON, n C -MK4 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 6.1.1 The Construction Cost shall be the total cost Or csti mated cost to the Owner of all elements of the Project desiRMI Or specified by the Architect. 5.1.2 The Constructiun Cost shall include the cost at current market rates of labor anti materials furnished by the Owner anti equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable Alow- anee for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost dries not include the compensation of the Architect and Architect's consultants, the costs of the. land. rights -of -way, financing or other costs which are the rcspon- Whillty of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owners Project budget, ptrliminary estimates of Construction Cost and detailed cstirnamc of Ctio suuccion Cost, if any, prepared by the Architect, represent the Architect's best judgment as 2 design professional familiar with the construction industry. 11 is recognized, however, that O- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices WW not vary from the Owner's Project budget or front any C9tim2te of Construction Cost or evaluation prepared ur agrecd to by the Architect. 5.2.2 NO fixed limit of Construction Cost shall be established as 2 condition of this Agreement by the famishing, proposal or csrablishment of 2 Project budget, unless such fixed limit has been agreed upon In writing and signed by the panes hereto. If such a fixed limit has been established, the Architect shall be Permitted to include contingencies fur design, bidding and Price escalation, to determine what materials, equipment, com- ponent systems and types of constructiun are to be included in the Contract Documents, to make temnable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed Emit. Fixed limits, if any, shag be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase his not commenced within 40 days after the Architect submits the Construction riocuments to the Owner, any Project budget or fixed limit of Construction Cast shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documetits to the Owner and the date on which propas2ls are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted a pro. vided in Subp2r2gr2ph 5.2.3) is exceeded by the lowest bona file bid or negotiated proposal, the Owner shag: .1 give written approval of in Increase in such fixed limit; .2 authOrizc rebidding or renegotiating of the Project within 2 reasonable tine; r. r .3 if the Project A abandoned. terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cwt. 5.2.5 if the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con - incr Documents as necessary to comply with the fixed limn, if established as a condition of this Agreement. The modificaunn of Contract Documents shag be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agrccment for all services performed whether or not the C:unslruetton 1111we is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINC?S, SPECIFICATIONS AND OTHER DOCUMENTS 5.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Pmjcct are instruments of the Architect's service for use solcly with respect to this Project and. unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain 211 common law. statutory and other reserved rights, including the copyright. The Owner shall be permitted to reWn copies, including repro. ducible copies, of the Architect 5 Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi tect's Drawings, Specifiritions or other documents shall not be used by the Owner or others oil other projects. for additions to this Project or for completion of this Project by others. unless the Architect is adjudged to he in default under tha Agreeanent, except by agreement in writing 2nd with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connectiun with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Calm Is. disputes or other matters in question between the parties to dtis Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and derided by arbi- tration in accordance with the Construction industry Aitium. tion Rules of the American . Arbitration Associatiun currently in effect unless the parUcs mutually agree otherwise. 7.2 Uentand for arbitration shall be filed In writing with the other party to this Agreement and with the Amen= Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has 2dwn. In no event shalt the demand for arbitration be made after the date when instltutkm Of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the 2ppbc2ble st2rutes of Ivniiadons. 7.3 No arbitration arising out of or rel2ting to thcs Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, A1A DOCUMENT 8141 • OWNER ARCHITECT AGREEMENT • POURTTE'n'H ELATION • AIAG • PJ 1997 -vr I1C1 (4v!vcr.- ,•- c-o. -c .11-1m 1v,-, i. I . 11 1,.,, ,.. „ .,, ,,,,_„ g1A1_1 DA7 R 0 n LJ • 11 • except by written consent containing a .;pecT1c reference to this Agrcernent signed by the owner, Architect, and any other pers<m Or entity sought m be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other mater in question not described in doe written consent or with a person or entity not named or described therein. 11ie foregoing agree - mcni to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any cotta having jurisdiction thereof. 7.4 The award rendered by the arttttntor or arbitrators shall to Mal. and judgment may be entered upon it in accurcLince with appGc4hic 12w in sty court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 6.1 This Agreement may be terminated by either party upon nut less than seven days' written notice should the uther party fail substantially to perform in iw.cordancc with the tenors of this Agrmtwtt through no fault of the party initiating the iciTrwtati(m. 8.2 if the Project is suspended by the Owner fur mure than 30 conscautive days. the Architect shall be cumpeitiated for scr- vices perfumied prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be etpui- rohhc adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architeci s services. 8,3 This Agreement may be terminaed by the Owner upon not less than Aevcn days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consectulve days, the Architect may termuute this Agreement by giving written nutk'r. 8.4 Failure of tilt. Owner to make pav_ rents to the Architect in accomance with this Agreement shall be considered substantial nonperformance and cause for letnluution. 8.S if the Owner fail; to make pavmeni when dur the Archi- tect for services and expcnses, the Architect may, upon seven days written notice to chc Owner, suspend performance of scr- vices under this Agrecnnent. I Inicss payment in full is received by the Architect within .sawn days of the date of the notice, the suspension shall rake effect without further notice. in the cvrnt of a suspension of servicex, the Architect shall have no liability to the owner for delay or damage caused the Owner because of such suspension of services, 6.6 In the event of termination not the fault of the Archiltct, thr Architect shall Ile compensated for services perfomned prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 6.7 Termination Expenses are In addition to compensation fin basic and Additional %L viccs, and include expenses which arc directly attributable to tennination. Termination Expenses shall he computed as a percentage of the total compensation for Basic Scrvices and Additkonal Services earned to the time ur ter- mination, as follows: .1 Twenty percent of the total compensation for Basic and Additional 1e1'L'iCCA tamed to date if termination uca:urs, before ur during the predcsign, sitc analysis, or Schematic Design Phases; or ,2 Ten percent of the total compensation for Basic and Adclidonal Services earned to date If termination occurs during the Design llcveknpment Phase; or .3 Five percent of the total compensation for Basic and Additunal Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9,1 Unless otherwise provided, this Atirecinent shall be gov- erned by the taw of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those In AIA Document A201, General Conditions of the Con- tract fur Construction, current as of the date of this Agreement. 9.3 (:arses of action between the parties to this Agreement pertaining to acts or failures to act shall he deemed to have accrued and tilt applicable statutes of limitations shall corn mence to run not later than either the date of Substantial Cum - pledon for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate fur Payment for acts or failures to act eccurrmg after Substantial Cumpletkxn. 9.4 The owner and Architect waive all rights against each other and against the contractors, consultants, agents and cmpluvccs of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the prrn:eeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the contract for Construction, current as of the date of this Agreement. The owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.6 The Owner and Architect, respectively, hind themselves. their partners, successors. assigns and legal representatives to thr usher many to this Agreement and to the partners, succes- sors, assigns mid legal representatives Of such other panv with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con. sent of the other. 9.6 This Agreement represcros the entire and Integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, mprssentadtns or agrrcnlens, either wnl- ten or oral. This Agreement may he amended only by written Instrument signed by broth Owner and Architeci. 9.7 Nothing contained in this Agreement shall crate a contrac- tual relationship with or a cause of action in favor of a thud puny against either the Owner or Architect. 9.8 Unless otherwise pinvided in this Agreement, the Architect and Architect's consultants shall have nos responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hat rdom materials in any formal the Project site, including but not limited to asbestos, asbcstas pnxhtcts. pulyc'hkndrtaied biphenyl (PCB) or other toxic suhsuaices. 9.9 The Architect shall have the right to include mptesenu lions of the design of the Pruln't, including photographs of the exienor and interior, among the Archhect s promotional and prufrssional materials. The Architect's nntcnats shall not include the owner's ctmfidrntiai nr propnctary mfonmation if the Owner has previously advised the Ardtirmt in wilting of AIA DOCUMENT 0141 r OWNER AROIITECT AGREEMENT • FOURTEENTH EDITION • AIA& • 01"7 7 9141.1967 Tfrr AM'K6:AN iNi71TL'TE OF ARCHITECT'S. 1I1x NEV yORK At ENUE, NW . WASHINGTON. U,C 2("It, the specific Information considered by the Owner 10 he confi- dential or proprietary. The Owner shall provide professiuilal credit for the Architect on the construction sign and in the pro. motional materials fur the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direci Personnel Expense is defined m the direct salaries of the Architect's personnel engaged on the Prolect and the portion of the cost of their mandatory and cvsiornary• con. tribut ions and benefits related thereto, such as employmem taxes and utfie -r statutory employee Ihenctirs. insurance, sick leave, holidays, vacations, pensions and similar contribuouns and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reitnhursable Expenses are in addition to compansa- tion for Basic and Additional Services and Include expenses incurred by The Architect and Architect's employees and con - sultants in the interest of the Project. as identified in the foltow- Ing Chiuses, 10.2.1.1 Expense of transportation In connection with the Projecq expenses in connection with authorized nut -of -town travel: long - distance communications: and fees paid for secur- ing approval of authonues having jurisdiction over the Prulect. 10.2.1,2 Expense of reproducuons, postage and handling of Drawings, Specifications and other duc:umena. 10.2.1.3 if authorized in advance by the Owner. expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and nuhck -ups requested by the Owner. 10.2.1.5 Expense of additional Insurance coverage or limits, including profemional liability insurance, requested by the Owner In excess of That normally carried by the Architect and Architm,t's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set funh in Paragraph 11.1 is the • minimum payment under this Agreement. 10.3.2 Subsequent paymetu for Basic Services shall be made munihly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially twtablishcd in Subpanignyth 11.5.1 of this Agreement z exceeded or extended through no fault of the Architect, compensation fur anv scr vices rendered during the additional period of time shall be computed in the manner set tbrih in Subpangraph 11.5.4 10,3.4 When comperiwiton is based tin a percentage of Con- struction Cost and any portions of the Project arc deleted nr otherwise not constructed, compensation for those portions of the Project shall be payable act the extent services are per fanned nn those portions, In accordance with the schedule set forth in Subparagraph 11.2.2. based on (I) the lowast bona fide bid or negotiated proposal, or (2) if no such bid or proposal is rm- -eived, the most recent preliminary estimate of Ghnsirucuon Cost or detailed estimate of Construction Cost for such pur- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Pavments on account of the Architect's Additional Services and for Reimburuble Expenses shall be made monthsv upon presentation of the Architect's statement of services ren- dered or expenses incurred. tOS PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other swns withheld from pavments to contractors. nr on account of the cost of changes In the Fork other than those for which the Architect has been found TO be liable. 10.6 ARCHITECT'S ACCOUNTINO RECORDS 10.6.1 Records of Rtanmbursable Expenses and expenses per- taining to Additional Services and Services performed tam the hasls Of a multiple of Direct Personnel Expense shall be avail- able to the Owner (it the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMF.NT of Dollars Is Shall be made upon execution of this Agreement and credited to the Owner 5 account at foal payment. 11,2 BASIC COMPENSATION 11 .2.1 FOR BASIC SERVICES, as described In Article 2, and any ocher services included in Art ide 12 as part of Basic Scrviccs, fiac(r Compensation shall he computed as follows: ($niter 01 0111 Of tumpMtnr,ru,, hair d(nx supatrnad u,mr, mnlnp7er ..• / +tormr,y(+y. uNd ,d¢+HfJ1' prW VS Ib (('hrfh Jw�+x'ular n+v+M+,� Of anrn)mKwuur ryyAlt it nvcma ) Fixed fee based on 7% of the construction cost of $965,800 or $67,600. AiA DOCUMENT 6141 • OWNER ARCTiITECT AGRetMENT • FOORh2ENTH EDITION • Au• • �.1 ?9' TI IT AMERR AN IN4TITCTF Or AR(:IItTECTS. I745 NEIZ YORK .dm'ENLC. N W. WASIUNGTON. 0 C.:(1rN 9141-1957 8 • • 11.2.2 Where cumpensalon is based on a stipulated sum or percentage of Construction Cost. progress payments for Basic Services in each phase shall total the following perccnuges of the total Basic Compensation payable: fNnsm adsleUtA al pbaeta ru apprrfnran.l Schematic Design Phase: Design Development Phase: Construction Documents Phasc: Bidding or Negotiation Phase: Construction Phxic: percent (15 %) percent ( 20 %) percent ( 40 %) percxnt ( 50/) percent( 20 i„) Total Ba.Uc Compensation one hundred Mend (100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3,1 FOR PROJECT REPRESENTATION BEYOND BASIC: SI ?RVICES, u described in Paragraph .3.2, compensation shall be cum- pored as follows: Project representation will increase from once every two week period during construction to an additional on -site meeting every three weeks as described above. Fixed Fee of $4,500. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12. Other than (1) Additional Project • Representation, as described in Paragraph 3.2, and (2) services included in Article 12 As pan or Basic Services, but excluding services of cun.sultants. compensatiun shall be computed as follows: Owen bass rJ lnrludurp Fares and4rr multTtet nJ Dino! lkr<nnnel A.'.cpewe (.,r 11r/nal-1, and emplr.rrrs. and idrmyr Prrnafndc and cWsi7T rmplo.kW%, iN ngnrrrf/ ldrret+fr specutr n•nrus rr, ahi,h p imodar moijoas of rnmNkmSnnur, afmy If nrvrvsan'.! Direct persoritiel a ;.pensp — 2.75. 11.3.3 FOR ADDITIONAL SERVICES OF CONSIILTANTS, including additional stnutural, mechunkal and electrical engineering services and thou provided under Subparagraph 3,4.19 or identified in Article 12 as pan of Addition! Services. a multiple of ( 1 ) times the amounts billed to the Architect for such services. (!dent! /y rpect /u ry)J. 61 cauuitc Af m Arrest 12, t/ ruyafrM ) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of ( 1 ) times the cxpcnses incurred by the Architect, the Architects employees and entuuitants in the interest of the Project. See Article 12. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agtemment have rut been completed within twelve ( 12 ) months of the date hereof, through no fault of the Architect, extensiutt of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 103.3 and 11.3.2. 11.5.2 Payments are due and payable ( 30 ) days from the date of the Architect's Invoice. Amounts Unpaid ( 60 ) days after the Invoice due shall bear interest at the rate entered below, nr in the absence thereof at the legal rate prevailing from cline to firm at the principal place of business of the Architect. (hurFt Fate M interest agrrw upon.! (f/sury IOU's and nwuiry lmis arrdr, fA• feaeral nutb in Lending Art, nmi /arSPRe arld brat ianrra ,Feder lass aM utbrr regrdWit., at Va 'g andA r e- rlci i pFinupal piacss u/ Awinm. The laat, q( me Project and Mav'bere roar affect The IYdidily of 11ns prtni,inn. 1peo /re legra adHa sh ndd bt IkI d ltd a uh raped to frictinmi or modlflearOw, wF ado rrgaraing rw(ulrnMrer ruab as trnrdan dlrHnmres of uwfza .) AIA DOCUMENT 6141 a OWNER ARC111TECT AGREEMENT r FOtrftMNTH EDIT:nN r AIA* • @ 19H- 9 13141.1987 THE AMERICAN INSTITUTE OF ARC111TE(AS. 1735 NEW YORK AVENUE, N W. WASHINGTON. D C. VK") r. 11 11.5.3 The ntcs and multiples act torth for .Additional services shall be annually adjusted in accordance with normal salan review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES thwn dercnptlrlm o /order SWTat'ef, idwrJY AQgrnvn d Se'n Ktt lrududH! rrrNn /kart Gnnlfrmsurnnr wM rN(u6pi uriunS ru fM• /wvru.w Md t'um /wounlrrm terms ,mduded rn IAIF AAnvMe 1) Additional Services: 12.1) Landscaping design service (subconsultant Barton- Aschman. Fixed Fee of $3,000. 12.2) Cost estimating service (subconsultant Constructive Ideas). Fixed Fee of $500. 12.3) Video /audio presentation and acoustic services (subconsultant Orfield Associates) Fixed Fee of $14,000. *It is assumed that cable TV interconnection will be provided for at a later date by others or as an additional service. 12.4) Furnishings, design, selection and bidding services assuming $100,000 for . furnishings. Fixed Fee of $7,000. 13.5) Reimbursables for printing, mileage and miscellaneous at direct cost. Actual costs to maximum of $4,11100. This Agreement entered Into as of the day and year tint written above. OWNER (ltxnlnare) (Printed name and title) ARCHITECT ffleraaare) -- Michael S. Cox, President (Printed ranm'rnrd rule, AIA DOCUMENT $141 • OWNER ARCHITECT ACREEMENT • POI IRTEENTH EDITION • AlA• • 13:) IV97 T 4r nk'rPl('.A^ 1` ', .rrnr,P, n -r,', ,- a,.rV''­ Z,,,=v, •,r �?,.,.,vn ^.,,, • ". - 9141 -1987 10 • C M E H 0 R A N D U M DATE: November 18, 1992 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE LOCATED ON 4TH AVE SW FOR INTERIOR DECORATING OFFICE Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On October 29, 1992, Doug Rettke, submitted an application for a . conditional use permit to allow him to improve a residential house for a commercial use as an interior decorating shop located at 184- 4th Ave NW. A public hearing was held at a regular meeting of the Planning Commission on Tuesday, November 17, 1992, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 5, 1992. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request be granted as set forth above subject to staff recommendations of meeting handicapped accessibility requirements and hardsurfacing of parking lot by July, 1993. Respectfully submitted, E�Ctltti�n��t Gruett, Chairman • CihjHadl Parksu6Re reatr °on Planning CommMS#AmPartment 37 Washington Aveuue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (6I2)587 -2242 Hutchinson, Minnesota 55350 - PnWed on recuclyd la per - k' N9A AV` 4,(., x I k-A I,sq 4-7 ,4- A <7 I �j plie- Ll 0 RESOLUTION NO. 9842 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO IMPROVE A RESIDENTIAL HOUSE FOR A COMMERCIAL USE LOCATED AT 184 4TH AVE NW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Mr. Doug Rettke, Hutchinson, has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow him to improve a residential house for a commercial use as an interior decorating shop located at 184 - 4th Ave NW, with the following legal description: Legal description: Lot 4, Block 23, North 1/2 City City of Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect • on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above subject to staff recommendations of meeting handicapped accessibility requirements and hardsurfacing of parking lot by July, 1993. Adopted by the City Council this 24th day of November, 1992. ATTEST: • Gary D. Plotz City Administrator Paul L. Ackland Mayor 9 -K C M E M O R A N D U M DATE: November 18, 1992 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF SKETCH PLAN SUBMITTED BY ROXANNE KOKESH, 2 MILE RADIUS, ACOMA TWP The Planning Commission has no objection to the request and notes staff recommendation of a common entrance off Hwy 7 and the EPA requirements for flammable waste traps. • • City Hall 37 Washington Avenue Nest (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Pr nrtrd on rrcvrli ,( rarrr - Police Department 10 Franklin Street South (612) 587 -2242 ` e O } ' O" I \ S -)W -)W I/4 of N 89•52'28"EZ E V4 corner of Sec. " 1 \ ' . R 30 w. • , \ Cost iron monument �. •- 326.12- S'N 1/4 ;♦ \ \ �j '0, \_I_ _ L _ — 5 0_3. 7_0_ O \ �p w O Ol N89 032'29 —E p - -- \00 ,._ O O g ;•. �� 006 �, ;. c• -• ements are shown thus c^ �•' a .. 1- ---- - - - - -- 0q p 503.70.• - - -- - - - -- c K+ c S89 452'28 "w N `,� e • 30.Z ACOMA TOWNSHIP 117 NORTH CODE- I RANGE 30 WEST MEEKER CO. I F- I le 6 Y 3 Z O V 7_ 1p� !1 SMALL TRACT OWNERS YC .P[ Kn IL•L. p.•. Kn .0 I�t. C..• Kn YL �I . t• i i .r.•�O�C•� PAN . •r.��� s s is .... .s : • .ry ar •w • �~� .�� is C •-is 1 P�.w� • 1.•I. -Y fires ~ 1 Y. Mao...• ii• r- u... i iJ • �.e�r_ • 0 C M E M O R A N D U M DATE: November 18, 1992 T0: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT "ACME ACRES" SUBMITTED BY MIKE ROSE, ACOMA TWP, 2 MILE RADIUS The Planning Commission has no objection to the request subject to staff recommendation to certify septic installers and inspectors and a subdivision agreement being recorded. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2973 Hutchinson, Minnesota 55350 Police Deparhuent 10 Franklin Street South (612) 587 -2242 17m) I � f:: I "'° I .T_ , K ��1 S69•3758E 758 65 _ 1 589'37'51 North If., of south 72000 feet oft- 33,07 31 " ry N Gorr Lot 7, Sec 35, T 117N,R 30W tp � 20 P t N 3 N�Q n n irs nIO h I� 0 P I N 33 00 33 OC O, - Ni 0, mO. ED N, n m c. o0 L J In S yG !�,� N PiJ a t O 159.25 feet m e r v o SR9.37'S8T r. 1 BLOCK la_ N m� �7 M1 nog J N Acme, e, a cgcc i KNOY ALL NEN By TNE> 41q, ftm1 � _ Ml VIE Of Elsie , e. ONtted menL of a siteve, Richard Larry Rose e Chasers, and that Mi tract purchasers, of r: n hlchwnlnt set E, W ,n Ch i'On Dipe Lrr R L No 9626 °ec 3" 717 56 - Gov'f LOT 7 4 - -- .,.� 3 „N 33,)0!3300 20 ,n ant Q p Pry vNn J y MA i 31 001 330(1 . J ,hl,t, easements ore 'hewn thus. �i Section 35; thence 20 I qd' mP'n n feet; thence South( N X _ o w, curve concave to th _O ry W, N east of the center j1 south line, t0 the I I nenls Ore sawn on Re mJf1 _ northerly, along on north line of the , M NI n I c- Have caused the same iD w hereby donate and dedi n and utility purposes o ZA b ' caused these present, to porate seal to be her• run ,honument found G r: n hlchwnlnt set E, W ,n Ch i'On Dipe Lrr R L No 9626 °ec 3" 717 56 - Gov'f LOT 7 4 - -- .,.� 3 „N 33,)0!3300 20 ,n if That ppaert o 41 a. Township lih, Q p Pry vNn y MA i -O . n Of �i Section 35; thence O ah 01� qd' mP'n n feet; thence South( 4i) 172 51 )•37'58 E ry o o � N.� N., W V; v v � C � i V �W 3 o'a o Ni ,n a M1 19722 S 89e 37.58-E 361 ? r Of Gc.'r Lot 7 is Ossumed tO nd,e a oeo•r19 of 589 *37'54 -E County of Moo Ste if That ppaert o 41 a. Township lih, 2J , scribed as (allows: .t of said mouth 720.11 �i Section 35; thence the point of begins de f (acting to the r feet; thence South( f! to the 'amt, Navin, 2 degrees 05 minute curve, 275.16 feet; curve concave to th 1, teal angle of 18 dr south line of said east of the center j1 south line, t0 the _ northerly, along on north line of the , erly, along said n, c- Have caused the same w hereby donate and dedi -6 Y road and also dedlcat and utility purposes o J In witness whereof a.,i caused these present, to porate seal to be her• 199 end said Rich. O th e ds this Mike Nose and Mary T. of O I � ! %app National ean4 sat J Daryl If. . rit ;. ! e W W i w a Richard rry 0 rt C O c Qe sae �v 'T STATE OF MINNESOTA o COUNTY OF r ° The foregoing instrun..: app st ona an sal I tion, on behalf of sst, I n ! 3 Notary u C, My Commission epTs STATE OF MINNESOTA COUNTY OF MCI.EOD Iha foregoing lnat'um"!! I'' husband en w s. My Comml aslnn 'e epl rem STAR. Ol, MINNESOTA COUNTS' OF MCI.F.00 The foregoing Inst Notary us c, c.eo My Commission expires._ 9-M t MVVi�1M TOWNSHIP 117 NORTH CODE- I RANGE 30 WEST ME E 1(EA - CO. 0 r • �a LfNN �T- I 6' 3 (P< SI %- m SMASH TRACT OWNERS Y. rr I 1.1.E u — — c %- m • C M E M O R A N D U M DATE: November 18, 1992 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF URBAN BOUNDARY DRAWING BY CITY ENGINEER JOHN RODEBERG The Planning Commission recommends the drawing to the City Council as a guideline for future planning. City Hall 37 Washington Avenue IVest (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Paii I� d nn nni� lrJ ru r. - Police Deparhnent 10 Franklin Street South (612) 587 -2212 q A/ M E M O R A N D U M DATE: November 18, 1992 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DORIN ADAMS, LYNN TWP, 2 MILE RADIUS, FOR STORAGE OF CONCRETE AND BITUMINOUS IN PRESENT GRAVEL PIT The Planning Commission has no objection to the request. • • City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - . ]!tc d on xtvdrJ na:er - Police Department 10 Franklin Street South (612) 587 -2242 /1 &$678970,,,�i J� U 199? STATE OF MINNESOTA N 8Y COUNTY OF MCLEOD 2S�b2 EZ ZZ�2� NOTICE OF PUBLIC HEARING YOU ARE HEREBY NOTIFIED that a regular meeting of the McLeod County Planning Commission will be held on the 25th day of November, 1992, at 8:30 a.m., in the County Commissioners' Room at the Courthouse, Glencoe, Minnesota. THE PURPOSE OF SAID MEETING is to consider an application for a Conditional Use Permit heretofore filed with the County Zoning Administrator by Dorin Adams. Said application for a Conditional Use Permit relates to a junkyard for the storage of concrete and bituminous. THE PREMISES UPON WHICH said Conditional Use is anticipated and situated in the County of McLeod and State of MN is described as follows to wit: Beginning at a point 50 4/5 rods S of the NW corner of the NE#, Sec 3, Twp 116N, Range 30W; thence S 61 4/5 rods; thence E 63 rods; thence N 61 4/5 rods; thence • W 63 rods to the point of beginning containing 24 1/3 acres, according to the U.S. Government Survey thereof. THIS HEARING will be held by the McLeod County Planning Commission at which time you may appear if you desire, either in person or by agent or attorney, in opposition to or support of the proposed Conditional Use.. Thereafter, the McLeod County Planning Commission shall forward its recommendations to the County Board of Commissioners. If you desire to appeal the Planning Commission's recommendations, you can take your request to the County Board which has the power to overrule the decision of the Planning Commission. DATED THIS 3RD DAY OF NOVEMBER, 1992. r� Edwin E. Homan • McLeod County Zoning Administrator LYNN ` TOWNSHIP 116 NORTH CODE- S RANGE 70 WEST fo.. lrr,C II ,r. >i•'.'•" nw yp1A n:J : sn c.. `wJ0 J. -, w., ww �ww.wo aw, �w� I:>.[ r• �+� . �la.r!• � ww. +fOiHY S[ ,r\ �1 IIL �GI � - � 4 I 1 ' . �:r,,.1. Fj '.ErrET% S •, a[A;;,G �_ `In>.L � u _ �' . a � C I_ - - - - � �\ •, >6 n6 T3 ,ti�.>a�. llJAirw - I4CtJV2 Pa .o-'�IrSnln ?`(•r[% t! 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SOrnt WwG tiEN ��GS_. 1 ` S -3_� >uiYC •� d WWjr a ou( ttS:C r_in.:E-S R AEC {: - %=- �yZ:... pEr -vtN IM a. t:w r i nOttn �,J`'[v6q A i ^'•1. J 1Q 2 I LLi f,y r1 / "S L0i45U al SS ec 20 71 s olt..:a wC -i1a4 IppCrL T1[-'I`�E` oT'a �0 ... C': =' "11.,.a.dr ° .., a i < to eE" !s I'. i :zo Ir. "!. Aso, 7! i- rY(�,.;_yt 1 1 '•.I L I I l I eJ L tiF._ 1ArrY d •_�K[ EU6CVC S �j 1 - �rtS ICE a] 6•I\ T 7 ` j IN o 2r 3 .. - .. •iv5ro. T i •�> 77 r� 6C ba rAlil rtau L[r ♦ I G _L vG!•: I•ir %JY•L- �6° NO�,• bO�•• 5 ...E 'ID Z I: °..I_�ci. I'. (a• -a ..a IJcr..scY :� w <SecL.•- lio �V[�}�� I •• s1�a:-�:� � I 70. "�° , 160 ^'° (•d 11 n I• ao al s 1 M'nur.Jal�x� w�.•� I I T•tT. [:.ii '= .. :0E Jo • ,.q �a`� IOJi'v - ULTIC SI [LnCnI a CL'J�.e',. _ 6Ly0N 1[__....••`".. '-_ ii f:ir�'�. 'CTtL J i� LL`0.^6 w:.r I y Il� ©' � wC_. C.L. • 1 •w11....iif�r��11 P7 Q :n0 S L��Ei.i �E$T '.• I ,� '1Ti 331 i�Rrt i:at.� I x00 ly i • -•-. 1b •wi5_rs� an IG : �Vitil -�> ST:_E Of •�� •1- t <NVrSON � INL Ct q� E i y Ir�JIC"'1• vy,[ i 'jE M -_._- wwr ]y�:a+ Y.tN :3oL >» a w I •.. �_.LU.CY ■. EA I '- :: •• (y >6 ' '[, °OLLSON bENI �naf• aK +aLl:Tx COLLW I >6Q fl -.WP. - SMALL TIACT OWNLIS 1. cz y^.y e^ a 6 .� �1 [ • iJ1 • • MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 17, 1992 1. CALL TO ORDER The meeting was called to order 5:30 p.m. with the following member; Craig, Roland Ebent, E1Roy Dobratz, Gruett. Members Absent: Craig Lenz City Administrator, John Rodeberg, Official. 2. MINUTES FOR YOUR INFORMATION by. Chairman Clint Gruett at s present: Dean Wood, Bill Roger Gilmer and Chairman Also Present: Gary Plotz, and Jim Marka, Building Mr. Craig made a motion to approve the minutes of the regular meeting dated Tuesday, October 20, 1992, as corrected. Seconded by Mr. Wood the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RANDY ZELLMER, GEO. HORMEL CO, HWY 7 W, FOR CONSTRUCTION OF LOADING AND UNLOADING CHUTES Chairman Gruett reopened the hearing at 5:31 p.m. with the reading of publication # 4444 as published in the Hutchinson Leader on Thursday, October 8, 1992. The request is for the purpose of considering a conditional use permit requested by Randy Zellmer representing the George Hormel Co., to construct the addition of a 10' x 24' semi - trailer truck loading chute on the West end of the building and a 10'x27' pick -up /trailer unloading chute on the east end of the building located at 805 Hwy 7 West. City Administrator Gary Plotz stated Mr. Zellmer withdrew the request. Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed at 5:35 p.m. Mr. Craig made a motion to recognize the withdrawal of the request. Seconded by Mr. Ebent the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE FOR PROPERTY LOCATED AT 184 -4TH AVE NW Chairman Gruett opened the hearing at 5:36 p.m. with the • reading of publication #4457 as published in the Hutchinson Leader on Thursday, November 5, 1992. The request is for the purpose of considering a request for a conditional use permit by the owner to improve a 1 HUTCHINSON PLANNING COMMISSION MINUTES 11/17/92 residential house for a commercial use as an interior decorating shop located at 184 -4th Ave NW. City Administrator Plotz commented on the requirement of a conditional use permit for change of use in an I/C district. He also commented on the staff recommendation to provide hardsurfaced parking and handicapped accessibility. Mr. Rettke stated he will comply with the parking and handicap accessibility. Discussion followed on hardsurfacing in the Spring. Mr. Wood moved to close the hearing, seconded by Mr. Craig the hearing closed at 5.39 p.m. Mr. Ebent made a motion to recommend approval subject to hardsurfacing of the parking lot done by July, 1993 and handicap accessibility. Seconded by Mr. Wood the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF SKETCH PLAN SUBMITTED BY ROXANNE KOKESH, 2 MILE RADIUS, ACOMA TWP • City Administrator Gary Plotz explained the sketch and commented on Jim Marka's letter to Ed Homan, McLeod County Zoning Administrator, regarding EPA requirements for flammable waste traps. Building Official Jim Marka commented on the intent as it relates to petroleum products in septic systems and suggests the city comply with the requirement. Mr. Ebent recommends no objection of the request noting staff recommendations and EPA requirements, seconded by Mr. Craig the motion carried unanimously. (b) CONSIDERATION OF PARK BOARD PARKLAND DEDICATION RELATING TO CASHWISE City Administrator Plotz explained the memo to City Council from Dolf Moon, Director of Park and Rec, regarding the $6,862.50 parkland contribution to be paid by Cashwise. Discussion followed on land in lieu of cash. Mr. Plotz explained the park board recommends cash in this case. Mr. Craig made a motion agreeing with the park board on the amount of $6,862.50, seconded by Mr. Gilmer the • motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES 11/17/92 S(c) CONSIDERATION OF FINAL PLAT OF ACME ACRES SUBMITTED BY MIKE ROSE, 2 MILE RADIUS, ACOMA TWP Mr. Craig moved no objection to the final plat subject to certified installer and inspector of the septic system and also provided a subdivision agreement is written, seconded by Mr. Gilmer the motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DORIN ADAMS, LYNN TWP, 2 MILE RADIUS, FOR STORAGE OF CONCRETE AND BITUMINOUS City Administrator Gary Plotz explained the request for storage of concrete and bituminous. Jim Marka commented on the property is presently a gravel pit and the use would be appropriate. Mr. Craig moved no objection to the request, seconded by Mr. Wood the motion carried unanimously. (e) CONSIDERATION OF URBAN EXPANSION BOUNDARY MAP City Administrator Plotz commented on the drawing by the City Engineer John Rodeberg. He explained the boundary . of 1/4 mile on either side of any road. Mr. Ebent moved to recommend approval of the boundary map to City Council as a guideline, seconded by Mr. Wood the motion carried unanimously. (f) COMMUNICATION FROM STAFF City Administrator Gary Plotz commented on a proposal by Mr. Schmidtbauer and introduced Marian Tiede - Hanson, representative of Village Cooperative. Ms. Tiede - Hanson presented a site plan explaining the proposed project of 32 cooperative units designed for persons over 62 years of age. Ms. Tiede - Hanson stated her company is sensitive to the community concerns and is here to inform the planning commission of the request. Building Official Jim Marka suggested Ms. Tiede - Hanson apply for a PD instead of rezoning to R -4. 5. OLD BUSINESS NONE 6. ADJOURNMENT There being no further business the meeting was adjourned at 7:40 p.m. is 3 F-] N M E M O R A N D U M DATE: November 18, 1993 TO: MAYOR AND CITY COUNCIL FROM: DOUG MEIER SUBJECT: OVERNIGHT PARKING Request the Municipal Parking Lot located between Main Street and Franklin Street, and 1st Avenue NW and 2nd Avenue NW be designated "overnight parking" along the north side of the lot. AIIE ARAN KU N ST, cc: John Rodeberg City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 °•.J •....., Ory h2..... Police Department 10 Franklin Street South (612) 587 -2242 9T z 3 Y < — z I MUNIU PAL- ?&RKI QCG 1�T ARAN KU N ST, cc: John Rodeberg City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 °•.J •....., Ory h2..... Police Department 10 Franklin Street South (612) 587 -2242 9T Hutchinson Company 30 Second Avenue Southwest, Hutchinson, Minnesota 55350 6121587 -2323 ^�11`2�g1415�161> >8 November 13, 1992 Co �.,Nvv�yy2 LO Mr. Gary Plotz ��eV� City of Hutchinson `•��ti 37 Washington Ave W £oE6Z8ZLZ9 Hutchinson MN 55350 RE: Festival Foods Construction Dear Sir: Rick Anderson at Everest Construction has informed us that the City of Hutchinson has agreed to pay 50% of the construction costs performed by Hutchinson Telephone Company. Our total invoice is $24,158.66 (see attached letter to • Everest Construction). Please issue payment in the amount of $12,079.33 to Hutchinson Telephone Company as soon as possible as this amount has been outstanding since October 20th. We have notified Everest Construction that they are responsible for all amounts not paid for by the City of Hutchinson. We have not agreed to absorb any portion of the projects costs. If you have any questions please contact Rick Anderson at Everest Construction 612 - 636 -5500. Sincerely, Steven N. Senart CPA Controller Enclosure WE W EVL= B I o ►I J''), I I I I( )1'•d November 5, 1992 Mr. Steven N. Senart Hutchinson Telephone Company 30 Second Avenue Southwest Hutchinson, MN 55350 Re: Festival Food Store Hutchinson, MN 55350 Invoice #92121 for relocation of Telephone Facilities Dear Steven: We are in receipt of the noted invoice for $24,158.66. We are prepared to process payment of Erickson's portion of the cost, but to do so we will need additional back -up for each category (i.e., time sheets on labor and equipment, and copies of material invoices). We are required to provide this backup in order to obtain the project owners authorization for payment. Under the agreement between Ericksons and the City, Erickson's is responsible for fifty percent of this total cost and the City is responsible for the balance. Upon receipt of the requested back -up, we will forward payment of Erickson's share, in the sum of $12,079.33.> You assistance in this request is most appreciated. Sincerely, Rick Baker RB /so cc: Barry Anderson Gary Plotz Doug Driscoll • • u / g, ! CITY COUNCIL MINUTES - AUGUST 25, 1992 • since Cash Wise would have access from Hwy. 15. It was pointed out that although Northland Beverage had received a permit to spread contaminated soil, the-prop- erty no longer belonged to them. Engineer Rodeberg commented on street striping and paint- ing the downtown street lights. (g) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the telephone line reloca- tion for the Festival Foods /Liquor Store project. The Mayor and City Administrator had met with the telephone company President and were assured the work would be done. The City Attorney stated the Phase II Downtown Redevelop- ment project closing was held last week, and all the documents were recorded. Upon the City Attorney's recommendation, Councilman Mlinar moved to set a special closed meeting at 6:30 P.M. on September 8, 1992, to discuss Junker litigation. Motion seconded and unanimously carried. • 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS • (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. ADJOURNMENT There being no further business, the meeting adjourned at 9:55 P.M. F �— a CITY COUNCIL MINUTES - JULY 28, 1992 • (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson discussed two cost items pertaining to the downtown development project, namely the telephone cable and parking improvements. Following discussion, Councilman Erickson moved to ap- prove a cost share arrangement of 25 percent City cost, 25 percent telephone company cost, and 50 percent developer cost for the telephone cable and to assess the developer for parking improvements. Motion seconded by Councilman Mlinar and unanimously carried. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg stated the County had requested a Reso- lution for no parking on Bluff Street from 2:00 to 6:00 P.M. Councilman Lenz moved to waive reading and adopt Resolution No. 9772 for no parking on Bluff Street. Mo- tion seconded by Councilman Mlinar and unanimously car- ried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS • The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 11:10 P.M. 8 November 11, 1992 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON. MINNESOTA 53350-2363 (612) 587 -7575 FAX 1612) 867 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. Thomas Parker Hutchinson Municipal Airport Highway 15 South Hutchinson, Mn. 55350 Re: Independent Contractor Agreement Our File No. 3188 - 880112 Dear Mr. Parker: Of COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER PAUL M.REOICK CHARLES R.CARMICHAEL" 588[ CEDAR LEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 000-94.'I -4545 PAX(6I2)545 -1795 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55971 (612) 969 -2214 FAX (612) 989 -5506 P +OV 1992 N nI EC t 7 8Y._ 17�% a . A former employee of yours has contacted the City and has expressed the intention of opening a flight school. Apparently, a question has arisen regarding the exclusivity language contained int he agreement between yourself and the City of Hutchinson dated June 27, 1989. The interested party has pointed out that FAA regulations prohibit such exclusive arrangements. I will be investigating this matter further, but if you wish to investigate it as well since a determination that such a provision is not allowed by federal law will require that the provision be deleted and declared of no force and effect. Please do not hesitate to contact me should you have any questions. Best regards.. Very truly yours, i ARNOL Mc OWE G. Barry Anderson GBA:lm 0 CC Gary Plotz *CERTIFIED AS A CIYTL TRIAL SPECIALIST BY T } {E MINNESOTA STATE BAR ASSOCIATION "CERT{PIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE DAR ASSOCIATION DAVID B. ARNOLD MART D.McDOWELL .STEVEN A.ANDERSON O. BARRY ANDERSON' STEVEN S. HUGE LAURA E. PRETCAND DAVID A. SHUEODEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCORE CATHRYN D. REHEH November 11, 1992 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON. MINNESOTA 53350-2363 (612) 587 -7575 FAX 1612) 867 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. Thomas Parker Hutchinson Municipal Airport Highway 15 South Hutchinson, Mn. 55350 Re: Independent Contractor Agreement Our File No. 3188 - 880112 Dear Mr. Parker: Of COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER PAUL M.REOICK CHARLES R.CARMICHAEL" 588[ CEDAR LEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 000-94.'I -4545 PAX(6I2)545 -1795 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55971 (612) 969 -2214 FAX (612) 989 -5506 P +OV 1992 N nI EC t 7 8Y._ 17�% a . A former employee of yours has contacted the City and has expressed the intention of opening a flight school. Apparently, a question has arisen regarding the exclusivity language contained int he agreement between yourself and the City of Hutchinson dated June 27, 1989. The interested party has pointed out that FAA regulations prohibit such exclusive arrangements. I will be investigating this matter further, but if you wish to investigate it as well since a determination that such a provision is not allowed by federal law will require that the provision be deleted and declared of no force and effect. Please do not hesitate to contact me should you have any questions. Best regards.. Very truly yours, i ARNOL Mc OWE G. Barry Anderson GBA:lm 0 CC Gary Plotz *CERTIFIED AS A CIYTL TRIAL SPECIALIST BY T } {E MINNESOTA STATE BAR ASSOCIATION "CERT{PIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE DAR ASSOCIATION 0 RELEASE OF EASEMENT The City of Hutchinson, a Minnesota municipal corporation, in consideration of one dollar ($1.00) and other valuable and good consideration, hereby grants to Timothy J. Haas and Jean M. Haas, husband and wife, a release of that certain easement filed for record on February 16, 1944, wherein the City of Hutchinson received an easement and right of way for the purpose of constructing and maintaining a tile drainage system over certain described land therein. Said easement is hereby released for the property owned by Timonthy J. Haas and Jean M. Haas, and for their heirs and assigns, said property being legally • described as Lot Eight (8) in Block Two (2) of Selchow- Jorgenson Subdivision. DATE: Drafted by: W. B. Haas Law Office 95 Second Avenue SE Hutchinson, MN 55350 (612) 587 -4777 City of Hutchinson BY: Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator /Q —A, \J •OPEN-HOLO COUNCIL REPORT TUE, NOV 24, 1992, 10:36 AM page 1 1980 TIDS CURTIS BRADFORD & PERMANENT TRANSFER OF FUN ARNOLD & MCDOWELL INO.SCHOOL DIST. #423 COUNTY RECORDER PETERSON- PAULSEN ASSOC & LTP ENTERPRISES WELL ABANDONMENT & CEMENT RICHARD PETERSON & AMERICAN TRUCKING ASSC SMALL CITIES PAYMENT 45 REFUND -TAX INC.AOJ. SMALL CITIES LOAN SMALL CITIES LOAN PAYMENT 1987 IMPROV. BDS AM.NATIONAL BANK BOND INTEREST 1990 TICS ARNOLD & MCDOWELL LEGAL FEES 1992 IMPRO.BDS BONDS 1992 DEBT SERVICE PERMANENT TRANSFER OF FUN COMMISSIONER OF TRANSPORT TRAFFIC CONTROL SIGNAL AG SOUTHAM BUS COMM PUBLICATION COSTS 1992 TICS 1992 TAX INC. DEBT SERVIC PERMANENT TRANSFER OF FUN ARNOLD & MCDOWELL LEGAL FEES COUNTY RECORDER RECORDING SUB.AGREEMENT LTP ENTERPRISES WELL ABANDONMENT & CEMENT • CENTRAL GARAGE AMERICAN TRUCKING ASSC INSPECT RPT BOOKS BRANDON TIRE CO TIRES CARQUEST AUTO PARTS FILTERS CHAMPION AUTO STORAWAY, CDZ F06 CROW RIVER GLASS MIRROR H &L MESABI SNO PLOW BL HUTCHINSON WHOLESALE ENG DEGR,CLEANERS,LUBRI JUUL CONTRACTING CO HAUL LOADER MACQUEEN EQUIP INC HOSE MIDWEST MACHINERY FILTERS MTI OIST.CO WIPER MOTOR PLOWMANS BLOWER MOTOR POSTAGE BY PHONE SEPT POSTAGE REACH EQUIPMENT ANNUAL INSPECTION SAFETY KLEEN MACHINE SERVICE SCHMELING OIL CO OIL W.D. COOLING CLINIC HEATER WIDEN CHEVROLET CO INSTALL MOLDINGS GENERAL FUND A & B ELECTRIC • AAGARD WEST AG SYSTEMS ALLEN BROWN & ALLEN OFFICE PROD EXIT LIGHTS NOV TRASH PICKUP NUTS, BOLTS HOUSING REHAB ROLODEX REFILL, PENS $2,030.00 $15,868,00 $1,812.50 $1,765.37 $21.47S.87* $26,100,00 $26,100.00* $310.50* $104,500.00 $10 8,256.39 $237.44 $212,993.83* $75,003.75 $96.16 $17.00 $450.86 $75,567.77* $75.76 $446.13 $197.00 $520.74 $6.50 $351.88 $170.90 $280.00 $228.59 $SS,67 $4,248.45 $57.62 $13.63 $1,328.47 $194,54 $143.51 $47.18 $397.60 $8,764.17* $365.19 $410.07 $32.48 $288.32 $17.25 11-74, I • • • OPEN -HOLD COUNCIL REPORT -------------------------- ALLIED MECH.SYSTEMS AM RISK SERVICES ANOKA TECHNICAL COLLEGE ARNDT, RUTH ARNOLD & MCOOWELL AUTOMATION SUPPLY CO BALDRY , KARL BARRICK, JUSTIN BAUMETZ, BONNIE BECKER ARENA PRODUCTS SENNETT OFFICE SUP. BIG BEAR BINSFELO, MATT BOB MCCARTHY & BROWNTON, CITY OF BUS. RECORDS CORP. C.RIVER VET CLINIC CARTER, JEREMY CELLULAR 2000 CENTRAL GARAGE CITY OF GLENCOE CITY OF HUTCHINSON COAST TO COAST COPY EQUIPMENT INC COUNTY RECORDER COUNTY TREASURER CULLIGAN WATER COND CURTIS BRADFORD & DEPT OF LABOR & INDUSTRY DEPT OF PUBLIC SAFETY -OIS DEPT.NATURAL RESOURCES DIANE TOONEM & DOLDER , RYAN EARL ANDERSON ASSOC EILER, MARK ENVIROCON SERVICES FARM & HOME DIST. CO FLOOR CARE SUPPLY FORBES AUTO FRANK JARMEN & GAIL SCHULTE & GEO. A. HORMEL & CO. 6ROEN, ART GUARDIAN PEST CTL HAARSTAD, EARL HAGER JEWELRY HENKE. JOSH HENRYS FOODS INC HENSEN, MARK HOME BAKERY INC HUHN, LARRY HUTCH COMM HOSPITAL HUTCH CONVENTION & HUTCH PLBG & HTG CO HUTCHINSON CELLULAR HUTCHINSON TEL CO TUE, NOV 24, 1992, 10:36 AM WATER KEYS NOV SERVICES REGISTRATIONS SR. TOUR REFUND NOV COMPENSATION DISKS FOOTBALL OFFICIAL FOOTBALL COACH ETHICS SEMINAR HOCKEY NETS SERVICE CONTRACT WELDING ROD FOOTBALL COACH HOUSING REHAB REFUND SEALS, PAPER TAPE BOARDING FOOTBALL COACH NOV SERVICE OCT REPAIRS REFUND HOUSING REHAB LIQUID PLUMBER FILTER CARTRIDGE FILING FEES COUNTY OL FEES SALT HCDC LOAN EXEMPTIONS MEMOREX WORKSTATION DNR REG.FEES HOUSING REHAB FOOTBALL COACH POSTS SAFETY BOOTS INITIAL SERVICE CALL ANTIFREEZE TRUCK WASH BATTERY HOUSING REHAB HOUSING REHAB REFUND COND USE PERMIT MUSIC FOR ADAPT REC PROGR NOV SERVICE WINTER SAFETY BOOTS NAME PLATE FOOTBALL COACH CUPS MEETING EXPENSES MUFFINS SAFETY BOOTS LAUNDRY SEPT LODGING TAX URINAL REPAIR 4 MOBLE PHONES NOV PHONE SERVICE $151.91 $800.00 $830.00 $25.00 $3,230.00 $21.14 $96.00 $49.00 $20.00 $320.66 $76.99 $9.SG $98.00 $403.45 $301.85 $17.25 $319.90 $112.00 $202.50 $106,495.12 $2,022.83 $373.13 $17.60 $45.97 $209.00 $113.90 $28.80 $770.00 $10.00 $270.00 $559.00 $850.00 $91.00 $1 ,296.11 $27.96 $5,797.00 $12.19 $335.48 $136.32 $1,200.00 $922.64 $75.00 $2S.00 $23.00 $30.00 $8.00 $105.00 $48.55 $15.48 $31.90 $30.00 $47.25 $1,986.54 $84.50 $2,928.76 $3,575.91 page 2 -OPEN-HOLD COUNCIL REPORT TUE. NOV 24, 1992, 10:36 AM ------------------------------------------------------ HUTCHINSON UTILITIES COVERS, PHOTO EYES - ISIA BADGES, RIBBONS JEFFERSON FIRE & SAFETY TAIL COAT /PANT . JOLLY RAMBLERS HOLLY BALL MUSIC N, MART PICTURES KANDT, JAY FOOTBALL COACH KARG, LARRY DRIVEWAY MARKERS KING, LOUIS FOOTBALL OFFICIAL KING, MICHAEL FOOTBALL COACH KOSEK, JEREMY FOOTBALL COACH LESKE, CAROL VOLLEYBALL COACH LESTER PRAIRIE, CITY OF REFUND LETN NOV SERVICE LINDS CHERRINGTON & HOUSING REHAB LITCHFIELD INDEPENDENT RE I YR SUBSCRIPTION LOUIS OCT COMP CHARGES LOUIS KING & MENARD5 HOUSING REHAB MANGAN, CONNIE MILEAGE MARKA, JAMES BASIC DOS'CLASS MCDONALD SALES & SERVICE INSTALL CONVERTER & WIRE MCGARVEY COFFEE INC COFFEE MCLEOD COUNTY TREASURER REFUND MEEKER COUNTY TREASURER REFUND MEIER, DOUG MEALS MEMINDEX CALENDARS MID -CITY COLUMBIA DEC.LA30 MN COSMETOLOGY ASSC INC SR CENTER RENT REFUND MN. MICROGRAPHICS VELLUM REDUCED • NISKA, PATSY TRAINING COSTS NO STATES SUPPLY INC EYEBOLTS PERRINE, TODD FOOTBALL PETERSON BUS SERVICE BUS TRIPS PETERSON, JAY FOOTBALL COACH PETERSON- PAULSEN ASSOC & HCOC LOAN III PITNEY BOWES INC EQUIP MTCE PLAZA HARDWARE BRUSHES,ROLLERS,BOLTS,KEY POSTAGE BY PHONE SEPT POSTAGE PRAHL, TYSON FOOTBALL QUADE ELECTRIC BULBS R &R SPECIALTIES INC ICE BLADE GRIND RANNOW, WALT & ARDYS SR. TOUR REFUND RENVILLE COUNTY TREASURER REFUND RICHARD PETERSON & HCDC LOAN RYAN, SCOTT FOOTBALL OFFICIAL SCHMALZ, CAROL VOLLEYBALL COACH SCHRAMM, STEVE KEYS SCOTT & BOB'S TIRE CHECK UP ZAMBONI SEVEN WEST WASH & DRY WASH SEWING BASKET BANNER HEMS SILVER LAKE, CITY OF REFUND SORENSEN FARM SUPPLY MUSTANG RENT STANDARD PRINTING BINDER CLIPS,HOLE PUNCH STEWART, CITY OF REFUND . SWANSON, VIC DRIVING REFUND TEMPLETON INC EMPLOYER, CONTRIBUTION TOWN & COUNTRY TIRE TIRE REPAIR $14,548.89 $483.S3 $4,286.63 $150.00 $30,06 $112.00 $73.00 $150.00 $35.00 $112.00 $73.50 $527.22 $288.00 $7,972.00 $18.00 $6,S62.18 $4,380.00 $71.82 $89.79 $296.23 $82.35 $5,146.55 $4,295.61 $18,.85 $110.55 $39.41 555.00 $49.12 $350.00 $9.60 '$98.00 $769.80 $112.00 $687.50 $171.00 $44.21 $1,577.26 $147.00 $8.31 $205.55 $80.00 $4,249.17 $669.63 536.00 $73.50 $1.90 $277.22 $6.50 $6.39 $307.32 $123.54 57.85 $Z52.68 $8.00 $301..48 $6.50 page 3 • -OPEN-HOLD COUNCIL REPORT TUE, NOV 24, 1992, 10:36 AM page 4 u 0 ----------------------- TRI CO WATER COND TWO WAY COMM INC UNITED BLDG CENTERS UNIVERSITY OF MN US WEST COMMUN VOSS, KEVIN WAL-MART WATERPRO WEST CENTRAL IND. WINN, DOUG' WINSTED, CITY OF WM MUELLER & SONS WQETZEL, JUSTIN YWCA ZEE MEDICAL SERV RURAL F. 0. SCHUETZE, MIKE TWO WAY COMM INC WATER /SEWER FUND AAGARD WEST ALLIED MECH.SYSTEMS AM.NATIONAL BANK AM.PUBLIC WORKS ASSN BECKER ARENA PRODUCTS BLAIR PUMP CO. CEDAR.COMPUTER CENTER CENTRAL GARAGE COMPOSTING NEWS CONN. DEPT OF ENVIRONMENT CONSOLIDATED ELECTRIC CO. CONTINENTAL SAFETY EQUIPM CURTIN SCIENTIFIC CO D.P.C.INO.INC DYNA SYSTEMS ENVIREX INC GA INDUSTRIES INC GOPHER STATE INC HUTCHINSON TEL CO HUTCHINSON UTILITIES INDUSTRIAL CHEM LABS INC LAB SAFETY SUPPLY INC LOGIS LTP ENTERPRISES MID- AMERICA PLASTICS MN DEPT OF HEALTH MN VALLEY TESTING LAB NCL NUTECH ENVIRONMENTAL CORP POSTAGE BY PHONE QUADS ELECTRIC RCM ASSOCIATES REOTEMP INSTRUMENT CORP SOFTENER RENTAL PROGRAMMED RADIO THREADED ROD, SCREWS REG -MARKA & HENSEN NOV SERVICE FOOTBALL COACH POSTER BOARDS WOVEN FABRIC STAKES FOOTBALL OFFICIAL REFUND GRANITE FOOTBALL GROUP TOUR OF 46 WIPES, SWABS,BANDAGES REPAIRS EXPENSE TO GENERA RESET RADIO. CRYSTALS NOV TRASH PICKUP REPLACE 75000 BTU HEATER BOND INTEREST MEMBERSHIPS WHITE FACING PUMP REPAIR FILM,PLOTTER PAPER,PENS OCT REPAIRS SUBSCRIPTION COMPOSTING N VIDEOS SERVICE POLICE ALARM PORT /WASH BUFFERS, BOTTLES SOZ CYCL. KLUTCH KLAMP SEAL -ORUM EXTRUSION COVER GASKET, SEATS OCT SERVICE NOV PHONE SERVICE GAS & ELEC LIQUID ODOR COVERALLS OCT COMP CHARGES WELL ABANDONMENT NIPPLES, TEES,PLUGS,ADAPT APPL FOR CERTIFICATION TESTING KITS,PETRI DISH,MARKERS CONCENTRATE SEPT POSTAGE REPLACE GFCI OUTLET PROF SERVICES COMPOST THERMOMETERS $36.74 $108.02 $5.54 $228.00 $415.30 $98.00 $4.3S $937.20 $378.63 $84.00 $740.30 $454.76 $98.00 $414.00 $24.69 $203,470.19* $25.00 $209.75 $234.75 * - $272.25 $827.00 $176,100.00 $13S.00 $93.19 $328.04 $76.38 $311.17 $83.00 $20.00 $425.66 $116.73 $268.45 $25.00 $111.49 $406..00 $93.50 $117.50 $432.45 $15,735.17 $81.16 $t13.40 $1,666.51 $591.00 $48.03 $600.00 $27.25 $95.22 $815.00 - $501.63 $31.50 $9,739.60 $113.50 OPEN -HOLD COUNCIL REPORT TUE, NOV 24, 1992, 10:36 AM ------------------------------------------------------ ROSEMOUNT INC REPAIR TRANSMITTER RUTZ PLBG & HTG SERVICE BURNER,THERMOCOUP . SANIFILL INC 11 -3 TO 11 -6 SERCO LABORATORIES TESTS SHARE CORP CITRA KREME SOUTHAM BUS COMM PUBLICATIONS TRAFFIC PARTS TIME DELAY RELAY WATERPRO 1 1/4" WESTER REPAIR YOUTH CENTER COAST TO COAST LADDER-KEY -TAPE HUTCHINSON UTILITIES ELEC. & GAS POSTAGE BY PHONE SEPT POSTAGE 1992 Tax Increment Depository Trust Co L J • dividend deposit x $370.88 $63.45 $3,329.13 $75.00 $28.21 $283.02 $67.50 '687.66 $213,704.37+ $2S.50 $478.22 $5.74 $509.46* $763,130.91* $18,813.75 page 5 , . 4 IMMEDIATE PAY COUNCIL REPORT TUE, NOV 24, 1992, 10:34 AM 1980 TIDS QUA,DE ELECTRIC GENERAL FUND DEPT NATURAL RESOURCES MCL£OD COOP POWER MN DEPT OF REVENUE NCRC EST #2 DNR REGISTRATION FEES ELECTRICITY OCT SALES TAX REG- M.HAMMOND- JOHNSON PAYROLL FUND AETNA VARIABLE LIFE ASS. EMPLOYEE CONTRIB 11 -13 6.T. GROWTH EMPLOYEE CONTRIS 11 -13 GLOBAL FUNDS INC EMPLOYEE CONTRIB 11 -13 GREAT WEST LIFE INS. CO. EMPLOYEE CDNTRIB 11 -13 H.R.L.A.P.R. EMPLOYEE CONTRIB 11 -13 ICMA RETIREMENT TRUST EMPLOYEE CONTRIS 11 -13 MN DEPT OF REVENUE EMPLOYEE CONTRIB 11 -13 PEP.A LIFE INS CO. EMPLOYEE CDNTRIB 11 -13 PERA - D.C.P. EMPLOYER CONTRIB 11 -13 PRUDENTIAL EMPLOYEE CONTRIB 11 -13 PUBLIC EMPLOYEES EMPLOYER CDNTRIB 11 -13 TEMPLETON INC EMPLOYEE CONTRIB 11 -13 WADELL & REED EMPLOYEE CONTRIB 11 -13 WITHHOLDING TAX ACCT EMPLOYER CONTRIB 11 -13 • WATER /SEWER FUND MN DEPT OF REVENUE OCT SALES TAX LIQUOR FUND Bernicks Pepsi pop City of Hutch lottery sales City of Hutch lottery sales City of Hutch lottery sales MN Dept of Revenue Oct sales tax page 1 83,794.25 83.794.25• $322.00 $421.32 $440.85 $44.00 $1,228.17• $590.00 $175.00 $444.73 $85.00 $90.09 $1,301.00 $4,SS3.56 $123.00 $57.42 $130.00 $11,199.29 $95.00 $150.00 $22,784.17 $41,778.26+ $3,148.43 $3,148.43* $49,949.11* TOTAL 68.21 242.00 190.00 127.00 10,558.63 $11,185.84 r DAVID B. ARNOLD November 24, 1992 AP,NOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 561 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON 2Q2122 233q�S `91 �N W Lo OP COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER PAUL M. BEOICH CHARLES R.CARMICHAEL- 58M CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 612) 545 -9000 MN TOLL FREE 800 -343 -4545 FAX ( 612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 L-� FOR YOUR INFORMATION Re: Word of Life Ministries, Inc. vs. City of Hutchinson Our File No. 3244 -92061 Dear Gary: I write to you today to bring both you and the Council up to date •on the matter entitled Word of Life Ministries, Inc. vs. City of Hutchinson. As you may recall, the City Council by adopting Assessment Roll No. 278, Letting No. 6, Project No. 92 -10, assessed property owned by Word of Life Ministries, Inc. in the amount of $14,997.12. This assessment has now been challenged by Word of Life under the assessment procedure set forth in Minn. Stat. §429.081. Under that statute, the aggrieved party, in this case Word of Life Ministries, Inc., may appeal to the District Court by serving a notice upon the Clerk of the municipality which has been done in this case. We have received notice that the document was properly filed with the Court Administrator within ten days after service. You are required to provide Word of Life Ministries, Inc., a certified copy of all objections filed in the assessment proceedings, as well as a certified copy of the Assessment Roll and I would appreciate it if you would put together those documents and send them to me at your earliest convenience. I will forward them to the appellant. These kinds of matters are typically tried to the Court without a jury; the Court will determine whether or not the benefit received by the property owner is less than the amount assessed; stated positively, the test is whether or not the benefit received exceeds the amount assessed. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION GARY D. MCDOWELL STEVEN A. ANDERSON O. HARRY ANDERSON STEVEN S. HOOF LAURA E. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. McOEE CATHRYN D. REBER November 24, 1992 AP,NOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612) 561 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON 2Q2122 233q�S `91 �N W Lo OP COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER PAUL M. BEOICH CHARLES R.CARMICHAEL- 58M CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 612) 545 -9000 MN TOLL FREE 800 -343 -4545 FAX ( 612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 L-� FOR YOUR INFORMATION Re: Word of Life Ministries, Inc. vs. City of Hutchinson Our File No. 3244 -92061 Dear Gary: I write to you today to bring both you and the Council up to date •on the matter entitled Word of Life Ministries, Inc. vs. City of Hutchinson. As you may recall, the City Council by adopting Assessment Roll No. 278, Letting No. 6, Project No. 92 -10, assessed property owned by Word of Life Ministries, Inc. in the amount of $14,997.12. This assessment has now been challenged by Word of Life under the assessment procedure set forth in Minn. Stat. §429.081. Under that statute, the aggrieved party, in this case Word of Life Ministries, Inc., may appeal to the District Court by serving a notice upon the Clerk of the municipality which has been done in this case. We have received notice that the document was properly filed with the Court Administrator within ten days after service. You are required to provide Word of Life Ministries, Inc., a certified copy of all objections filed in the assessment proceedings, as well as a certified copy of the Assessment Roll and I would appreciate it if you would put together those documents and send them to me at your earliest convenience. I will forward them to the appellant. These kinds of matters are typically tried to the Court without a jury; the Court will determine whether or not the benefit received by the property owner is less than the amount assessed; stated positively, the test is whether or not the benefit received exceeds the amount assessed. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz November 24, 1992 Page 2 There are unique features to this case not found in other appeals because of the subdivision agreement and the question of what meaning it may have insofar as the rights of the parties to this dispute are concerned. I am going to need to know substantially more than I know presently about the history of the transactions regarding this parcel before I can accurately advise the Council of the chances for success in having the assessment upheld. It is apparent to me from my discussions with Bill Moeller, representing Word of Life, that the principal complaint and perhaps only complaint, has to do with the subdivision agreement and this may simply be treated as a matter of law for the Court to decide. Enclosed is a copy of my correspondence to Bill Moeller. Should you have any questions, please contact me. Thank you. Ver f•� G. GBA:lm 11 I-] 1 \.J e r DAVID B. ARNOLD GARY D. NCDO " A. ANDERSON .BSaRY sxDeRSOx' STEVEN S. BOOK IAURA E. PRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE- M. PAIEMENT JAMES UTLEY RICHARD O. MCORE CATHRYN D. HEHER November 24, 1992 AANOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 -2503 Mr. William A. Moeller Gislason, Dosland, Hunter & Malecki State and Center Streets P.O. Box 458 New Ulm, Mn. 56073 (612) 587 -7575 FAX (612) 501 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Word of Life Christian Outreach Our File No. 3244 -92061 OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER PAUL M. HEOICH CHARLES R.CARMICHAEL" WIN CEDAR LASE ROAD MINNEAPOLIS, M INNESOTA 554th (612) 545 -9000 MN TOLL PHEE 600- 343 -4545 PAX (612)545 -1193 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55311 (612( 369 -2214 PAX (612) 369 -5506 Dear Bill: • I need to know substantially more about the facts that surround this transaction than I know presently. I will be discussing this matter with the City Engineer and reviewing the City files, such as they are, and I will get back to you shortly. In the interim, as required by the statute, I have requested the City Administrator to provide a certified copy of the assessment roll and any objections filed at the hearing and those will be arriving in the ordinary course of business. I hope to get back to you within the next two or three weeks. Thank you. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CO November 10, 1992 Dolf Moon Park Director 37 Washington Ave. W. Hutchinson, MN 55350 -2439 Dear Mr. Moon: irf OMS It ON REFORM AND EFFICIENCY 4;& 203 Administration BuBding, 50 Sherburne 297 -1090 Fax (612) 297-1y y c� SSISS YOUR INFORMATIO1 < As part of a project we are working on for the Commission on Reform and Efficiency (CORE), we have scheduled a discussion group of experts on the topic of parks and recreation services to advise us on issues related to the provision of these services throughout the state. Because of your expertise in this area, we hope you will be able to join us for this discussion. Your participation will help us make good decisions about parks and recreation services as we study city services and state aid to cities for CORE. As you may know, CORE is a group of 22 private individuals who were appointed by the Governor and the Legislature to study ways to reform government in Minnesota. One study area chosen by the Commission is the Local Services Funding project. The goal of this project is to develop a prototype of an approach to state aids that would link aid to standards of service provision for different kinds of cities, as well as to other important characteristics such as ability to pay. The two areas we have chosen to study are parks and recreation services and fire services. Additional information on CORE and the Local Services Funding Project are enclosed. The time and place for the discussion group are: Tuesday, November 24, 1992 10:00 am. to 12 noon Room 330 State Capitol Building The issues that we will discuss with you include differences between types of cities as they affect Parks and recreation services; the underlying factors that create the needs for parks and recreation services; how the outputs or outcomes of these services can be described and measured; and how local and state taxes and fees support these services. Only a selected group of knowledgeable people who represent different kinds of cities and related Parks policy organizations have been invited to participate in this discussion. To help us prepare for the meeting, we ask that you RSVP to Debbie Morrison at 612- 296 -5881. If you have any questions, Debbie may be able to help you, or direct you to someone who can. Sincerely yours, Glenn Silloway Management Consultant LOCAL SERVICE FUNDING PROJECT DESCRIPTION OF FINAL PRODUCT Prototype - An original type, form, or instance that serves as a model on which later stages are based or judged. American Heritage Dictionary On September 15th, the Working Committee adopted a prototype approach to the Local Services Funding project. This decision is significant because it clarifies the project focus. The project has moved from a focus on funding and the development of a proposed formula to a more in -depth look at services and needs in two selected areas. The goal of the project is to demonstrate, using fire services and parks and recreation as prototypes, how the state can base state aid to cities on service standards developed considering both cost and performance. The final product will not be a formula that leads to a comprehensive funding proposal. The prototypes will demonstrate how standards of comparison, combined with available information on needs and fiscal capacities, can be used to provide a rational basis for funding decisions. Further research on the remaining city services will have to be completed after the CORE report is submitted in order to develop a complete formula for the distribution of city aids. The remaining work could be assigned by the Legislature to the Department of Finance or Revenue, could be continued by staff at House Research, or could be contracted out to a private firm. The prototype approach contributes in a unique way to the debate on the transfer of funds from state to local governments. Besides providing decision makers with important information about differences in local needs, services, and ability to pay, the report will demonstrate a means of defining minimal, basic, adequate services and limiting state support to what is needed to support that level of service. The report also will stimulate discussion on the state's impact on local discretion and accountability. Finally, by comparing need to ability to pay, the report will suggest a fair, rational way to calculate a city aid amount and distribute the aid. The primary product of the project will be a report with recommendations regarding the application of the prototypes to other services to develop an aid formula. It will also make recommendations regarding changes needed in the system to improve the quality of the data available on city services. 0 U CORECSTATE OF OMM SSION ON REFORM AND EFFICIENCY . 203 Adminlstmdon Building, 30 Sherburne Ave., SL Paul MN SS1SS (612) 297.1090 Fax (612) 297.1117 Arend Sandbulte CORE, Chair (218) 722 -2641 Dana Badgerow Commissioner, Dept. of Administration 296 -3862 Fred Grimm Director, Management Analysis Division 2964086 Kent Allin CORE Coordinator 297 -8000 CORE WOREING COMM T EEE & TEAM CONFIGURATYGNS PROGRAM ANALYSIS Jack Eugster, Chair John Brandl Arlene Lesewski Lee Luebbe Katherine Sasseville to Erma Vizenor Stephen Watson Arend Sandbulte, Ex- officio Nancy Feldman, Staff Team Leader CEO, The Musicland Group Professor, HHH Institute Regional Director, Ind. Business Assoc. of MN Former Chair, Winona County Board of Comm. General Counsel, Otter Tail Power Company PhD Student, Harvard University President, Dayton- Hudson Corporation Chairman, President & CEO, MN Power 296 -9021 State /county human services delivery system: This project will investigate Minnesota's state - supervised, county- administered system of human services delivery to determine how system redesign can result in improved client outcomes and reduced cost. Dorothy Bliss Jan Buelow Dwight Lindstedt 297 -2902 296 -9957 297 -1183 Local services funding- As part of this project, the Commission will reassess the goals and principles of state aid to cities. Based on these goals, recommendations will be made regarding the amount, form, type, and method of financing aids to cities. The project will propose reforms to simplify and rationalize the provision of aids. Jane Delage Wendy Petropoulos Glenn Silloway Theresa Van Hoomissen 297 -1146 297 -4535 297 -1350 Environmental services: CORE will explore alternative structures, policies, and procedures that will promote strong environmental protection, timely decision- making at the state level • and a system that is understandable and responsive to the users of the environmental agencies. Jim Cox Liz Fedor Virginia Reiner 297.7696 297 -7697 296 -6098 EXECUTIVE REORGANIZATION & COMPREHENSIVE ASSESSMENT Glen Taylor, Chair Jane Belau Dr. Jean Harris H. William Lurton Dorraine Mund Robin PanLener Arend Sandbulte, Ex- officio Bev Schuft, Staff Team Leader Chairman & CEO, Taylor Corporation President, Belau Consulting Group Sr. Associate, Medical Affairs, U of M Hospital Chairman and CEO, Jostens, Inc. Associate Attorney at Law, Hall, Byers, Hanson, Steil & Weinberger President, MAPE Chairman, President & CEO, MN Power 296 -67- Executive Reorganization: Examine and analyze the organization and structure of the executive branch, develop alternative models for structuring state government that focus on results and improved service delivery in a cost - effective manner. Comprehensive Assessment: Develop a "state of the state" evaluation of the state's ability to efficiently and effectively deliver services that are valued by the customers and achieve desired results, and identify opportunities that exist for positive reform. Therese Blaine 296 -6784 Ralph Brown 297 -1161 Thomas Kehher 282 -23F Peter Lewon 296-66.. - Ken Nickolai 297 -7712 David Weidenfeller 297 -5566 Quality Initiative: Co- sponsor a governor's quality initiative designed to increase executive - level awareness of and commitment to quality tools and the quality philosophy throughout state government. Therese Blaine 296 -6784 1* 11 E Connie Weinman, Chair Marcia Appel Gary Denault Geraldine A. Evans Beck Horton Ernest Lindstrom Arend Sandbulte, Ex- officio MANAGEMENT SYSTEMS Vice President, National City Bank Executive Director, Assoc. of Area Business Publications Linda Hennum, Staff Team Leader Executive Director, MMA Chancellor, Community College System President, Juno Enterprises, Inc. Attorney at Law, Lindstrom Law Offices Chairman, President & CEO, MN Power 297 -8002 Human resources management /civil service: The purpose of this project is to reform and reinvent the state's human resource management organization and system so that the public receives maximum quality and efficiency in public services. The project scope includes three branches of state government. It will be a comprehensive evaluation of the systems, organizations, and functions which are now part of the complete delivery and management of the state's human resources. The project will concentrate on those components with the greatest potential to improve the efficiency and effectiveness of the human resources system. Susan Ager 282 -2361 Elizabeth Mairs 297 -7698 Gary Miller 282 -2363 Larry Simmons 297 -7699 Monte Young 282 -2365 Budgeting and fiscal services: The CORE budgeting and financial management project will recommend changes to the budget process that will create incentives for efficiency and service delivery improvement, encourage agencies to evaluate programs to determine if those programs are the best means for meeting the needs of target populations, and retain needed gubernatorial and legislative control over agency budgets and activities. CORE's recommendations to redesign the budget process will result in a system which efficiently allocates the resources of the state to ensure the maximum return on public dollars spent on state agency programs. Kathleen Shea Brian Hanninen Susan Latts Vlodaver 297 -2702 297 -7700 282 -2360 Electronic business transactions: This project will provide recommendations for expanding the state's usage of electronic business transactions in order to save money, reduce paperwork, and increase the state's responsiveness to customers and vendors. The bulk of the work for this project is being done by consultants from Josten's, Norwest Banks, and Control Data Corporation, who are donating their services to CORE. Kathleen Shea Larry Simmons 3 297 -2702 297 -7699 Administrative rules /procedures: Policies and procedures for rulemaking outlined irl Minnesota's Administrative Procedures Act are seen as cumbersome, ineffic:er.; and ineffective by many in state government. CORE's examination of the area will addre�s state formal and informal rulemaking procedures, their impact on programs, agencies and customers, costs associated with rulemaking, citizens participation in rules adoption, and the Legislature's role in the process. Based on its analysis, CORE will recommend ways to reduce agency resource expenditures and enhance public accessibility to the system. Bob Kaufer Rose Herrera Hamerlinck 282-2362 Jeff Rathermel 297 -1336 Clarence Shallbetter 297 -7702 297 -1647 E kc (C:1}orma) As of October 21, 1992 P10:g EtRLAND LIbRARY SYSTE CUU:JIY 34 11/7:!9.'. INTEGRATED FINANCIAL SY IFS570 PAGf 1 • 9:33:35 NO STATEMENT OF REVENUES AND fX TUBES AS OF 10/31/92 EGO: 10/13/92 12:26:33 •• ''CURRENT '�- YEAR S OF L OF •• -- OATi--- - - - - -- - BUDGET BOGT YEAR 2,537.58.,'•• SALARIES AND WAGES 75,646.88 •• 787,216.30 •+ 944,379.00 •• 83 83 FMPLOYER•S SHARE HEALTH INSURANCE 2,537.58.,'•• 24,454.05 •• 30,000.00 •• 82 83 - - -- MF.ALSN -t E .00' °' 4 ,477.38 - --+a- 1,500.00 •• 98 83 EMPLOVER•S SHARE RETIREMENT INSURANCE 0,393.88 •• 86,112.29 •• 105,922.00 8l 83 BOORS - ADULT 6,782.67 •+ 73,902.61 •• 112,7U0.00 •• 66 83 4G"S-- CNIL4R4N ----- -- 25,116.76 •• 30,900.00 1. B1 83 GENERAL REFERENCE .00 •• 9,042.63 •• 16,000.00 •• 57 tl3 PERIODICALS 1,910.24 +• 22,355.14 •• 35,000.00 •• 64 83 1-0.50. -��- - - - -- 100.00 20 83 OLIVIA LIBRARY MATERIALS .00 +• 4,089.15 •• 4,867.00 •• 84 83 BENSON LIBRARY MATERIALS 80.49 •• 1,030.30 •• 1,437.00 •• 72 B3 _ 2- ,716.26. a• 2,869.00 ,• 95 83 CHIPPEWA COUNTY LIBRARY MATERIALS 367.02 •• 1 18,112.79 •• 20,548.00 •• 88 83 MONTEVIDEO MATERIALS 1,599.89; •+ 5,205.57 +• 12,056.00 •• 44 83 VIDEO TAPES 274.07 •• 4,092.27 •• 5,000.00 •• 82 83 AUDIO DISCS AND TAPES 96.60 •• 1,296.70 •• 900.00 •• 144 63 - -- SL4"S-- ANO- S,"4- S7AEai - . .1a -- .00- Aa. !. MICROFORMS - -�-.DO ,�. ,.. .00 !:*o 96.50 •• 300.00 •• 32 83 ., ..r BINDING .- .. .,...Y -, .00 +' - >3•• 261.31 •• 775.00 •• 34 83 7.015 -00 +a_____ 12,400.00 •• _ - -.92 -.83 CUM VENDOR CHARGES 303.62 +• 14,887.55 •• 18,550.00 80 63 OPERATION AND MAINTENANCE 1,466.57 •• 13,798.00 •• 16,OCO.00 •• 66 83 , ---- /xSUAAACL -_ - - -- -- 00 -aa- -- 1,949.88 •< 2,685.00 •• 73 B3 ' AMORTIZATION .00 +• .00 •+ TELEPHONE AND LINE CHARGES 1,220.03 +• 10,606.10 ++ 14,175.00 •• 75 63 ' 00 " -- ___.1.000.00 •• _. 0 _ -. 83 POSTAGE AND SNIPPING 1.114.66 •• 10,781.60 •• 13,000.00 83 83 NEW EQUIPMENT tB6.47 •• 6.155.42 •• 4.250.00 •• 145 .. 53 MAINTENANCE AND CONTRACTS 1.138.80 •• 10,796.01 •• 18,000.00 •• 60 83 CUSTODIAL SUPPLIES AND EQUIPMENT 67.29 •• 1,737.37 •• 1.500.00 •• 116 83 •a- - - - - --- 5.100.00 84 83 SUPPLIES AND PRINTING 1,829.96 •• 24.822.06 •• 27,600.00 •• 90 93 PROMOTIONAL AND PROGRAMMING 47.00 •• 708.89 •+ 1.000.00 •• 71 63 - -.M I ZNGi- SST... ---- 754.Od- aa___ -_ -6•I 16. 31- -00 6,9U0.00 •• 90 83 MILEAGE AND MEETINGS - TRUSTEES'.., �,. 101.80 •• 4,188.88 •• 5,600.00 •• 75 B3 PROF. MEMBERSHIPS CTRUSTEES)RkiOL?;.i, .00 ia• 306.00 •+ 310.00 •• 99 83 - "'EURANGE -- - 00 0 - -- 14,500.00 •• - -- 87 93 ADS AND LEGAL NOTICES .00 •• 100.00 •• 500.00 •• 20 83 AUDITING .00 •• 3,539.30 •• 1,700.00 •• 20B 83 `CONTINUING of 2,706.90 •• 83 83 EDUCATION 63.45 •• 555.96 •• 1.000.00 •• 56 83 SCHOLARSHIP FUND .00 •• 97.25 +• 1,000.00 30 63 ---- EK?EN6- )6N -00N7A AGT5 00 - -.00 -- -aa- -- 4,500.00 •• 0 83 MOVING EXPENSE - DIRECTOR .00 ++ 2,311.45 •• 1,245.00 •• 186 83 GLENCOE FRIENDS, 1983 .00 +• 47.72 •• 1,362.00 •• 4 83 .. .. 330 QQ- -3,3 9.___Aa_- .. _- _.4,515.uO •• 71 83 .4 LOCAL EQUIPMENT 187.59 •• 3,215.08 +• 6,000.00 •• 54 83 :TARE SA5 -RAX - 1. E01.65 -s' -- 2,802.05 - •+ 7,177.00 •• 39 a) TOTAL EXPENDITURES 113,474.28 0000 1,225 +774.34 •••• 1,525,724.00 •••• 80 83 -' \Y b l . 1. •�•JO 11 I9Ra4Y rUN' REVENUE GUIDELINE AS OF 10/92 EJD: LI /O2 /Y2 • ►e0. CE Nf OF TF AR ola ACC# DESCRIPTION CURRENT ACTUAL ACTUAL BOLT = ACT BUDGET THIS;fOMTH YEAR =TO -DATE OtFFEREN,E PCT •• 11 LIBRARY • 313 R6:EIP TS� 5301) R:SERVE 34.839.00 .00 .00 34.63-).UO J 5151 MASIC STATE /FEDERAL AID 445.949.00 52.806.00 339,749.00 156.20'.00 76 SLIJ BIG STONE COUNTY 12.973.00 5.743.25 22.911.0U .U0 LOJ SLIS CHIPPLMA COUNTY 77,339.OU 23.694.15 95,577.00 l0.[)u.uO- 124 512' KANDTYOMI COUNTY 119.40000 29.670.00 119.460.OU .UO ,2U 5122 LAC OUT PARLF COUNTY 31,673.00 7.91b.25 31.673.00 .00 100 5125 4C LEJD COUNTY 78.944.OU .DO 98.660.00 19.730.uO- 125 513, McEAEd COUNTY 73.406.OU 16.351.50 73.406.0, .JO 104 5112 Rk4VTLLE COUNTY 48,760.00 .UO 48,700.00 .UO 15' SLIS SMTFT COUNTY 35,942.00 .UD 26,956.SU 6, Y96. 50 73 507 YELLJR NEUICINE COUNTY 25,204.00 6,301.00 25,204.00 .u0 Lai - 514J APPLFTON 9,677.00 .00 9.897.00 221). u0- 10[ 5145 SENSON 19.353.OU .00 19,353.01) .00 15u 5146 FAIAFAR 9.9[8.00 21482.00 9.9[8.00 '.U0 100 5454 GLF.4C35 28.877.00 7.915.25 29,573.OU 696.u0- 102 5155 GRACEVTLLE 4,030.00 .00 4,030.0, .u0 LOJ 5157 :AAy7IE FALLS 23,310.00 .00 23,310.00 .JO Lou S15J HU%HLVSO4 63,053.OU .00 63.053.00 .10 LOU 5165 KkRRNUVC4 4.148.50 1,037.00 4.I46.OU .U0 Lou 5171) LITCHFIELD 44,991.00 11.247.15 44,9')1.00 .UO Lou S172 ILIVIA 42.337.00 .00 [2.337.01 .JO 151) SIT, 3RTJ4VtLLE 13.300.00 .tO 13,340.00 .JO 101) 519J WILLMAR tOI,056,OU 25,464.00 127,320.00 25.464.u0- 05 "i 51RJ ISLAND 9,928.00 .00 9,928.00 .UO 104 5190 n4N551 13.148.00 1.000.00 14.148.00 L.UOJ.UO- L16 S195 HECTOR 8.6.7.00 .JO 8.667.00 .00 LOJ SZOJ 4AO1SJ4 14,940.00 3.735.00 14,94D.00 .JO Lou 5233 RENVILLc 11,109.00 .00 13,961.25 2.791.25- 125 5410 CASH AFCEIPTS C SALES TAK 50.000.OU 3.257.67 33,295.93 16,734.77 61 S42J GIFTS 3.000.00 609.02 3,237.92 237.92- 106 5430 INTEREST 6,500.00 285.95 35,864,38 2 '),384.)8• 532 • TOTAL RECEI►TSAJIMM 1,456,741.00 201.919.89 11561,760.98 66,960.02 95 • 1)2, RE1460C4EW S (LOCAL GOVT) W 5651 REIMRURSEMENTS-CNLPPEMA RSONNFL 18.238.00 .00 15.000.00 1.236.00 B1 Sd2S REIMBURSEMENTS - JLIVIA (MATERIALS ONLY) 2.879.00 .00 3.769.09 914.u9- L32 5d3J REIMBURSEMENTS - BENSON (MATERIALS ONLY) 1.500.01 .JO 1.SD0.00 .UO Ili 564') tirma - CHIPPENA COUNTY ( MATFRIALS ONLY) 15,000.OU .00 250.DO 14,7SU.uO 1 565J AETMR - 4JNTEVIJEU (MATERIALS ONLY) 10.000.01) .00 10,005.00 5.60- 100 • TJTRL REINBUSEMENTS (LOCAL GOVT 47.617.00 .00 30,544.09 17,072.91 64 • J3U 014ER R21MeJRSEMENTS Se7J 31HeR RET46URSF4ENTS 3.500.00 995.97 3,262.32 237.08 91 • TOTAL OTHER REIMBURSEMENTS 3.500.00 995.67 3.262.32 237.66 91 • JSJ OTHER FJNJS 5955 AOTJMATION FUND 12,866.00 .00 14.042.90 1.176.50- 109 J 591.) GLENCOE FU40 .00 .u0 100.00 100.00- u S92J KCML 5,000.00 310.00 S,R79.76 676.76- 110 • TOTAL OTHER FUNDS 17.866.00 310.00 20.021.26 2.05.26- LIZ •• TOTAL LIBRARY 1,S25,724.00 203.223.36 1,441.606.63 84.115.35 94 ••• F144L TOTALS 40 ACCOUNTS 1.525,724.00 203.225.56 1,441.606.65 84,115.35 94 BALANCE ON NAND 10/31/92 $180,602.44 MINUTES • HUTCHINSON FIRE DEPARTMENT REGULAR MEETING Monday, November 2, 1992 The meeting opened at 7:50 p.m. Motion was made and seconded to give a $50.00 memorial donation to in memory of Stan Koehler. George reported on 10:00 p.m. news fire investigation special might by of interest to the department. George also reported on spontaneous combustion fires and possible causes and prevention measures. Jeff reported on increases in Annual Dance ticket prices. Motion was made and seconded to increase ticket prices to $5.00. Nominating committee reported on upcoming elections. [lotion was made and seconded to fore go reading of bills in favor of • monthly total. Fire runs were read as follows: RUNS 1012 West Elem 10/19 Howes 10/31 Rescue 10/2 10-52 10/21 Ogaard 10/5 Drill 10/2 Park Elem 10/23 Greencastle 10/12 1st Aid 10 /6 [lain St N 10/23 Burns Manor 10/19 Pumper 10/11 Swentz 10/24 Tenney 10129 Test 10/11 Luthens 10/24 Kulseth 10/26 Regional 10/15 Evergreen 10/24 Assist 100 10/17 Nelson 10/25 Utilities 10/17 Evergreen 10/26 Cedar Mills 10/19 Bollingmo 10/25 Doering 10!18 Hurst Tool 10/27 Victorian Inn 10/18 J's Pizza 10/29 County • 10/18 Aldridge 10/30 Christensen CITY AND RURAL ACCOUNT LIBC 10821 L&P 21.25 Coast 25.01 Redman Travel 34.80 Witte 39.40 Hutch Fi 26.70 Craig Reiner 23.10 Witte 39.40 6.24 Sewing Basket 7.10 Hutch Wholesale 6.85 Farm &; Seagraves 237.35 Hutch Wholesale 148.31 Home 1.90 Freedom Value 6.29 Hutch Wholesale 33.04 HCI 90.00 Schramm Imp 21.04 Hutch Wholesale 37.71 Engle Fabrication 109.25 Hutch Wholesale 31.07 Technical Applicators 720.00 Fitzloff 20.41 TOTAL$5782.61 Two Way Comm 74.55 Compress 77.74 Two Way Comm 53.25 Bennett Office 20.15 Motorola 75.00 Coast To Coast 7.58 Allen Office 4.63 Coast To Coast .22 Hutch Fire & Safety 56.70 Coast To Coast 4.89 Hutch Fire & Safety 21.80 Coast To Coast 1.60 Hutch Fire &. Safety 13.00 Coast To Coast 7.44 Brad Emans 15.75 Coast To Coast 1.28 Randy Redman 14.00 Coast To Coast 2.34 Steve Schramm 20.50 Coast To Coast 33.63 Jim Brodd 26.75 Coast To Coast 7.43 John Reynolds 6.00 Coast To Coast 1.60 Bruce Precht 21.25 Coast To Coast 6.20 Orlin Henke 4.50 Coast To Coast 8.52 Ed Homan 5.00 Coast To Coast 10.65 Rob Carlson 1.00 Coast To Coast 8.33 Gary Frocier 1.50 Coast To Coast 14.36 Bob Vieyra 51.84 Two Way Comm 243.30 Gary Forcier 51.84 Hutch Iron 8.69 Mike Schuetze 125.90 Hutch Iron 6.22 Clarey's Safety 85.65 Two Way 697.58 Clarey's Safety 72.53 Viking Signs 135.00 Clarey's Safety 51.49 Randy Redman 249.93 Clarey's Safety 79.75 Brad Emans 246.42 Front Line Plus 756.99 Front Line Plus 22.84 Front Line Plus 71.35 ISFSI 60.00 Front Line Plus 141.10 Electro 153.36 Bennett Office 40.26 Coast To Coast 4.80 0 • L GENERAL ACCOUNT Gary Henke 200.00 KKJR 216.55 Mike Schuetze 70.76 Wearguard 52.24 Kelly Goranson 4.74 Coke 109.86 KFC 21.73 Cashwise 15.68 More 4 1.68 Cashwise 20.62 Coast To Coast 3.18 More 4 19.58 Shopko 94.11 Glaeser 47.26 Pork Prod 350.00 BL Fire Dept 6.00 Dan Steele 49.05 Pizza Hut 36.45 American Weld 61.77 McLeod Chiefs 1550.00 Fire ex Safety 87.61 TOTAL $ 3484.41 Leader 373.66 KDLIZ 81.55 • A motion was made and seconded to approve the bills and runs as read. Randy reported CIH class starts November 10th. Brad reported on Firemans Scholarship. Brad reported on the firefighter test. Duane Hoeschen and Brad Paulson were the top two candidates and were placed on our reserves. Brad reported on stress debriefing class at Police Department. The meeting adjourned at 8:20 p.m. Respectfully submitted by, Bob Schantzen, Secretary MINUTES HUTCHINSON FIRE DEPARTMENT OFFICERS MEETING Monday, November 9, 1992 The meeting opened at 9:04 p.m. Cary reported Adult Christman Party, December 18th. The kids party is set for Sunday, December 20th. Jim reported with the cold weather dress accordingly. The meeting adjourned at 9:301 p.m. Respectfully submitted by, Bob Schantzen, Secretary 0 • • MINUTES HUTCHINSON FIRE DEPARTMENT TOWNBOARD MEETING Monday, November 2, 1992 The meeting opened at 7:10 p.m. Bid opening for sale of Ford Pumper. Hector Fire Department bid on truck for $12,500. Bid was rejected on truck and truck committee will be looking into other options and reporting back at annual town board meeting. The meeting adjourned at 7:15 p.m. Respectfully submitted by, • Bob Schantzen, Secretary 0 Crow River Arts Board of Directors Meeting November 5th, 1992 7:00 lb; Fresent. Michelle Jordahl, Maryann Kasich, Linda Feck, Connie Prince • Joy Berg, Ellie Becker, Marlene Kubista 1. Meeting was called to order and accepted. 2. Secretary's report was given and accepted. 3. Financial report was given, and accepted. A.. Discussion followed, pertaining to supplies needed. It was decided that supplies could be purchased by Mary Ann Kasich; such as velvet and paint. In the event she has to use personal funds, she would fill out a voucher, and attach a reciept showing proof of purchase. B. A motion was made by Connie Prince, regarding the ability of a selected chair person, to be able to cash a check in the event of an emergency. Mary Ann Kasich seconded the motion, and it was approved by the board. 4. There was a discussion regarding the art center status. A. Anita has been paid up to date. B. There was a discussion pertaining to the purchase of the city hall building. Brian Brosz and Mary Ann Kasich are on the Ad Hoc committee. They will check the feasibility report, and relay information to the board at a future meeting. A discussion followed regarding the board gathering for a tour of the old city hall building. C. - -Ulie Becker made a motion that Mary Ann Kasich accept :the position as the director of Crow River Art Center. Linda Peck seconded the motion and it was approved unanimously by the board. 1. Mary Ann will be opening the center Monday through Friday,-1'2:00 -: • to 4;C0 FIB:. She will be contacting volunteers to help with the center when needed. 5. Discussion pertaining to keeping records on a computor. Mavis offered to continue to keep records regarding Crow River Art Center, on her personal computor at home. 6. Discussion concerning upcoming classes. It was decided monies for classes should be held in the file, until class is actually held. At that time money will be deposited in the bank. A. Ellie made a motion to return monies to Doris, in lieu of a canceled class. The motion was seconded by M4ris, and the board approved unanimously. Money was given to Mavis to return personally to Doris, as she said she would be seeing her Sunday. 7. Committee Reports A. Linda Peck- Networking 1. Linda Peck discussed the Networ'-.Lng <- _„,,T,ittee, and it. was decided that Connie Prince would be appointed to the committee. B. Michelle Jordahl- Program L. Michelle had no report. A. Discussion regarding class scheduling, and suggestions were made pertaining to one time classes, and to a survey regarding types of classes that would interest the community. • C. Publicity- Connie Prince Connie will submit News release regarding date, time and place of latest exhibit, entitled "Thanks To Mother Earth ". D. Marlene Kubista, volunteer, will continue to help with programming and field trips. 8. Other Buisneas A. It was decided..... 1. Mavis will give keyes from the art center to Mary Ann, Mary Ann will have an extra set made for Linda Peck, for after hours. 9• Linda Peck made a motion to adjourn the meeting at 9:30 EM and Mary. Kasich seconded that motion. 0 1J SPECIAL CLOSED MEETING HUTCHINSON CITY COUNCIL TUESDAY, DECEMBER 8, 1992 6:30 P.M. - CITY HALL The Hutchinson City Council will hold a closed meeting to discuss Junker litigation matters. /mjs DAVID B. ARNOLD GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOOF LAURA E. FRETLAND DAVID A. BBUEHOEMANN PAUL D.BOVE'- JOSEPH M. PAIEMENT JAMES UTLEY RICHARD 0. WORE CATHRYN D. REBER AIRNOLD & McDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON November 30, V Mr. Gary D. Plotz City Administrator 37 Washington Avenue West V t Hutchinson, Mn. 55350 Re: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. I AI LIER PAUL X.BEOICH CHARLES H.CARMICHAEL" 5881 CEDAR LAEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 000 -343 -4545 PAX(612)545 -1793 1992 p�1 Junker Sanitation Matters Our File No. 3244 - 87005, 3244 -92057 Dear Gary: 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 369 -5506 CC,) X92 �b As you know, oral argument in the matter of Junker vs. the City of Hutchinson was held before the Minnesota Court of Appeals on November 18; 1992. Typically, the Court of Appeals decides such cases within 60 to 90 days after submission. In discussing this matter with Attorney Godfrey, he was of the opinion that the risk to the City is substantial and that continued settlement negotiations might not be a bad idea. In that regard, he did indicate that Lee LaBore had argued the case on behalf of Junker and that the argument went well; nonetheless, this is a complicated case with substantial exposure to the City and some further discussion of settlement might be in the best interests of All concerned. Accordingly, a closed mee I would ask that you notify the media and arrange for I iii. uc au Thank you. Very truly yours, ARNOLD & McDOWELL 1 C% 1 G. BarrV Anderson GBA:lm meeting in Dec( )r the purposes CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION