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cp06-14-1994 cAGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 14, 1994 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Chuck Carlson, Bethany Baptist Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF MAY 24, 1994 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - MAY 1994 2. AIRPORT COMMISSION MINUTES OF MAY 23, 1994 AND MAY 27, 1994 3. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF MAY 5, 1994 4. POLICE CIVIL SERVICE COMMISSION MINUTES OF JUNE 2, = -- 1994 - - 5. HOSPITAL /NURSING HOME BOARD MINUTES OF MARCH 15, 1994 AND APRIL 19, 1994 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 94 -111 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (SECOND READING AND ADOPT) 2. ORDINANCE NO. 94 -112 - AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTION 8.15, I -2 HEAVY INDUSTRY DISTRICT (SECOND READING AND ADOPT) 3. ORDINANCE NO. 94 -113 - 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 (SECOND READING AND ADOPT) 4. RESOLUTION NO. 10239 - RESOLUTION FOR PURCHASE • CITY COUNCIL AGENDA - JUNE 14, 1994 5. RESOLUTION NO. 10240 - RESOLUTION RELEASING EASEMENT ON LOT ONE, BLOCK 14, NORTH HALF, TOWNSITE OF HUTCHINSON 6. RESOLUTION NO. 10241 - RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (c) ISSUANCE OF SHORT TERM "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR AVEYRON HOMES, INC. AND HUTCHINSON HUSKIES BASEBALL ASSN. Action - Motion to approve- consent agenda 5. PUBLIC HEARING - 8:00 P.M. (a) LETTING NO. 9, PROJECT NO. 94 -10, 94 -12, 94 -13, 94 -14, 94 -15, 94 -16, 94 -17 & 94 -26 Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to adopt Assessment Roll No. 292 and award contract - Motion to waive readings and adopt Resolutions No. 10242 & No. 10243 (b) LETTING NO. 10, PROJECT NO. 94 -18, 94 -19 & 94 -25 Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to adopt Assessment Roll No. 293 and award contract- _Motion - to waive-, readings -and adopt Resolutions No. 10244 & No. 10245 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR OUT -OF -STATE TRAVEL FOR MICHELLE HAMMOND - JOHNSON AND DICK WAAGE TO ATTEND SEMINARS Action - Motion to reject - Motion to approve (b) REPORT ON REFERENDUM FOR MCLEOD COUNTY COURTHOUSE EXPANSION PROJECT BY COMMISSIONER ELOI HAMRE Action - (c) CONSIDERATION OF REQUEST FOR STREET LIGHT ON HASSAN STREET Action - Motion to reject - Motion to approve and refer to Hutchinson Utilities 0 2 CITY COUNCIL AGENDA - JUNE 14, 1994 • 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF AGREEMENT WITH MCLEOD COOPERATIVE POWER ASSOCIATION REGARDING OVERHEAD POWER LINE RELOCATION FOR AIRPORT IMPROVEMENT PROJECT Action - Motion to reject - Motion to approve and enter into agreement (b) CONSIDERATION OF CHANGE ORDER NO. 1 FOR AIRPORT IMPROVEMENTS Action - Motion to reject - Motion to approve (c) CONSIDERATION OF RENEWING MAINTENANCE AGREEMENT WITH ONE CALL CONCEPTS, INC. Action - Motion to reject - Motion to approve (d) CONSIDERATION OF RESTRICTED PARKING ON HILLTOP DRIVE Action - Motion to reject - Motion to approve posting "No Parking" signs (e) CONSIDERATION OF PURCHASE OF LAND FOR OTTER LAKE CROSSING Action - Motion to reject - Motion to approve (f) CONSIDERATION OF AUTHORIZING PUBLIC HEARING ON HUTCHINSON HOUSING PROGRAM AND HOUSING PLAN Action - Motion to reject - Motion to approve hearing on July 26, 1994 - Motion to waive reading and adopt Resolution No. 10246 (g) CONSIDERATION OF INTENT OF CITY TO ISSUE BONDS FOR TRI- AGENCY MAINTENANCE FACILITY Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10247 3 9 CITY COUNCIL AGENDA - JUNE 14, 1994 (h) CONSIDERATION OF AUTHORIZING CITY FINANCE DIRECTOR TO REIMBURSE GENERAL FUND FOR 1994 IMPROVEMENT PROJECTS Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10248 (i) CONSIDERATION OF ESTABLISHING A PUBLIC HEARING FOR ANNUAL REVIEW OF REFUSE SERVICE PURSUANT TO REFUSE CONTRACT SPECIFICATIONS Action - 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 12. Action - Motion to approve and authorize payment from appropriate funds MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 24, 1994 1. The meeting was called to order at 7:30 P.M. by Mayor Torgerson. Present were: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Tim Caspers. 3. MINUTES The minutes of the regular meeting of May 10, 1994; special meeting of May 17, 1994; and bid openings of May 13 and May 16, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - APRIL 1994 2. LIBRARY BOARD MINUTES OF MAY 5, 1994 3. TELECOMMUNICATIONS COMMISSION MINUTES OF MAY 9, 1994 4. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES DATED APRIL 7, 1994 5. PLANNING COMMISSION MINUTES OF APRIL 19, 1994 6. HUTCHINSON HOUSING, INC. MINUTES OF APRIL 19, 1994 7. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF APRIL 19, 1994 AND MAY 4, 1994 8. REPORT OF CITY INVESTMENTS (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10219 - RESOLUTION TO APPROPRIATE UNCLAIMED PROPERTY 2. RESOLUTION NO. 10220 - RESOLUTION FOR PURCHASE (c) DELINQUENT WATER AND SEWER ACCOUNTS • (d) APPLICATION FOR TRANSIENT MERCHANT PERMIT BY TAP ENTERPRISES, INC. FOR ONE -DAY TOOL AUCTION ON MAY 26 C�' CITY COUNCIL MINUTES - MAY 24, 1994 (e) SUBDIVISION AGREEMENTS: (1) PARKSIDE SECOND ADDITION (2) HUNTER'S RIDGE (3) FAIRWAY ESTATES (f) RENEWAL OF LEASE AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY (g) CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR _ CONSTRUCTION OF AUTOMATIC BAY ADDITION AT ACME CAR WASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10218) (h) CITY STAFF REQUEST TO REZONE PROPERTY ON FRANKLIN STREET FROM C -3 TO R -2 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 94 -111 AND SET SECOND READING FOR JUNE 14, 1994) • (i) CONDITIONAL USE PERMIT REQUESTED BY RICK LENNES TO MOVE HOUSE ONTO FRANKLIN STREET LOT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10215) - (j) AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 8.15, LOT DEPTH AND DENSITY IN I -2 DISTRICT, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 94 -112 AND SET SECOND READING FOR JUNE 14, 1994) (k) CONDITIONAL USE PERMIT REQUESTED BY CHRIST THE KING CHURCH FOR CONSTRUCTION OF STORAGE GARAGE ON CHURCH PROPERTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10216) (1) CONDITIONAL USE PERMIT REQUESTED BY ROD OLSON TO CONSTRUCT GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10217) 0 2 0 E CITY COUNCIL MINUTES - MAY 24, 1994 5 0 7 3 (m) PETITION BY ZAPP NATIONAL BANK OF ST. CLOUD (TRUSTEES OF MARVIN HOERNEMANN TRUST) TO BEGIN ANNEXATION PROCEEDINGS OF 3.2 ACRES IN HASSAN VALLEY TOWNSHIP WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO. 94 -113 AND SET SECOND READING JUNE 14, 1994) (n) REGISTERED LAND SURVEY OF MARVIN HOERNEMANN TRUST PROPERTY IN HASSAN VALLEY TOWNSHIP (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS (o) SITE PLAN SUBMITTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION TO APPROVE STAFF RECOMMENDATIONS The motion to approve the consent agenda was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. PUBLIC HEARING - 8:00 P.M. None COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF RECOMMENDATION FROM TELECOMMUNICATIONS COMMISSION REGARDING CABLE TELEVISION FRANCHISE Paul Ackland, Chair of the Telecommunications Commission, discussed the cable franchise and presented the Commission's recommendation to extend the cable franchise for a period of six months. It was also suggested that the City Council hold one or two public hearings for input on cable services. Following discussion, the franchise for six Mlinar, seconded by unanimously carried. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA UNFINISHED BUSINESS the motion to approve extension of months was made by Council Member Council Member Peterson and 3 CITY COUNCIL MINUTES - MAY 24, 1994 (a) CONSIDERATION OF DEVELOPMENT AGREEMENT REGARDING TAX INCREMENT FINANCING FOR PRINCE OF PEACE PROJECT (DEFERRED MAY 10, 1994) The motion to defer was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF CHANGE ORDER IN BUILDING FUND FOR ADDITIONAL FURNITURE IN BUILDING/ ENGINEERING DEPARTMENTS Following discussion, the motion to approve was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (b) CONSIDERATION TO WAIVE FEE FOR HOUSEHOLD HAZARDOUS WASTE FACILITY BUILDING PERMITS The Building Official reported the permit fee of $1,520.63 could be waived, but the applicant would need to pay the water meter cost of $160.00 and the state • surcharge of $61.85. Following discussion, the motion to approve waiving only the permit fee was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. (c) CONSIDERATION OF SPECIAL ASSESSMENTS ON TAX FORFEITED PROPERTY IN HELLANDS EIGHTH ADDITION City staff requested the City Council to reinstate the assessments with interest added for the two tax forfeited parcels, Lot 2 and Lot 3, Block 1, Hellands Eighth Addition. The two parcels are to be sold. Following discussion, the motion to approve reinstatement of assessments with interest was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. (d) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 290 FOR LETTING NO. 2, PROJECT NO. 94 -02, WAIVING HEARING, ADOPTING ASSESSMENT ROLL AND AWARDING CONTRACT Following discussion, the motion to approve and adopt Assessment Roll No. 290, to award contract and to waive readings and adopt Resolutions No. 10221 -No. 10224 was 0 4 CITY COUNCIL MINUTES - MAY 24, 1994 made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (e) CONSIDERATION OF RECEIVING PETITION, WAIVING HEARING, ADOPTING ASSESSMENT ROLL NO. 291, LETTING NO. 5, PROJECT NO. 94 -05, AND AWARDING CONTRACT Following discussion, the motion to approve, to waive hearing, to adopt assessment roll, to award contract, and to waive readings and adopt Resolutions No. 10225 - No. 10228 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (f) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 292 AND SETTING ASSESSMENT HEARING FOR LETTING NO. 9, PROJECT NO. 94 -13, 94 -15, AND 94 -16 Following discussion, the motion to approve preparation of assessment roll No. 292, to hold a hearing June 14, 1994 at 8:00 P.M., and to waive readings and adopt Resolutions No. 10229 and No. 10230 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (g) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 293 AND SETTING ASSESSMENT HEARING FOR LETTING NO. 10, PROJECT NO. 94 -18, 94 -19, AND 94 -25 Following discussion, the motion to approve preparation of assessment roll No. 293, to hold a hearing June 14, 1994 at 8:00 P.M., and to waive readings and adopt Resolutions No. 10231 and No. 10232 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (h) CONSIDERATION OF RECEIVING REPORT, WAIVING HEARING, APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR LETTING NO. 12, PROJECT NO. 94 -24 & 94 -28 Following discussion, the motion to receive the report, to waive the hearing, to approve the plans and specifications, to advertise for bids, and to waive the readings and adopt Resolutions No. 10233 -10235 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. (i) CONSIDERATION OF RECEIVING REPORT, WAIVING HEARING, APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR LETTING NO. 11, PROJECT NO. 94 -29 • 5 CITY COUNCIL MINUTES - MAY 24, 1994 Following discussion, the motion to receive the report, to waive the hearing, to approve the plans and specifications, to advertise for bids, and to waive the readings and adopt Resolutions No. 10236 - No. 10238 was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ATTORNEY Following a review of the HCVN lease by the City Attorney, the motion to approve the lease was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. The City Attorney requested Council approval of the sponsor certificates for property acquisitions involved in the airport project. Following discussion, the motion to approve the sponsor certificates was made by Council Member Peterson, seconded by Council Member Craig and unanimously carried. . Attorney Anderson noted that the dispute with the McLeod County Fair Board was close to being resolved. (b) COMMUNICATIONS FROM HOSPITAL /NURSING HOME BOARD REGARDING PHARMACY REMODELING The Board of Directors of the Hospital /Nursing Home requested authorization to spend approximately $30,000.00 to remodel /ref ixture the Pharmacy as Phase I of the Pharmacy remodeling. Following discussion, the motion to approve the remodeling was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (c) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commented on a recent meeting he attended at the Willmar MN /DOT office. He encouraged City staff to continue to pursue a highway out to Hutchinson. (d) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar mentioned a parking problem on the north side of Marks Road and Pauls Road. He also noted 0 6 CITY COUNCIL MINUTES - MAY 24, 1994 • that the work done on Michigan and Second Avenue only lasted for one week. It was suggested that residents be forewarned of construction work to be done on a high traffic street. (e) COMMUNICATIONS FROM AAGARD WEST ON RECYCLING Chris Boatwright, from Aagard West, presented a report and overhead charts /graphs on the recycling services in the City of Hutchinson from 1991 to 1994. (f) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated he and the Finance Director attended a 1994 Legislative Highlights Seminar today which reviewed changes in legislation that would affect cities. (g) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg reported that Sky's the Limit has reached an agreement for land purchase. They plan to begin their business operation in Hutchinson about the • first of June. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:37 P.M. 0 7 0 0 E roa„C -404 U.S.MPAMaEMgPCOAMrtt 1 _ _ a -xssn wreaupr nao�ran Period M which permits Issued 1 I MAY 2994 IPlesse correct wry errors it name And sddess Mr6p ZIP Cods) REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 357400 27 4 9999 085 1 0 26 9999 02730 JAMES MARKA BLDG OFFICIAL. FOR CITY OF HUTCHINSON If your building permit system hear changed, mark (X) appropriate box below and eapb9r Ineomments. HUTCNINSOM CTY CTR 111 HASSAN ST.S El NUTCHIMSDN. 55350 MM. . Discontinued issuing permits ❑ Merged with another system ❑ Split into two or more systems ❑ Annexed land areas PLEASE COMPLETE AND MAIL THIS FORM ON OR BEFORE JUN; 4. 1994 ❑ Had other changes If no permits were issued during Bureau of the Censor Instructions are included. Far this period, mark (X) in the box —i ❑ r 1201 East 10th Boom further assistance, call Collect and return this form JeHer .Me, IN 47132 -OMI PRIVATELY OWNED 1301) 763 -7244. NEW RESIDENTIAL PUBLICLYOWNED HOUSEKEEPING Item Number of Number of BUILDINGS Valuation of Valuation of Valuation No. Buildings Housing construction Buildings Housin g construction units Omit cents units Omit cents lal Ibl (cl Id) lei (f) Igl Single- family houses, attached Exclude mobile homes. 101 402 314 Single- family houses, attached - Separated by ground to roof wall, -No units above or below, and - Separate heating systems and utility meters. (Count each unit as a separate building) 102 Two - family buildings 103 - Three -and four - family buildings 104 Five -or -more family buildings 106 TOTAL - Sum of 101- 105 0 109 NEW RESIDENTIAL -.: PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPFNG' ham Number of Number of BUILDINGS Valuation of Valuation of No, Buildings Rooms Buildings Rooms construction Omit cents construction .Omit cents IaI (b) (c) Itll lei U) (g) Hotels. motels, and tourist cabins (transient accommodations only) 213 Other nonhousekeaping shaker 214 NEW PRIVATELYOWNED PUBLICLY OWNED NONRESIDENTIAL BUILDINGS Item Number Valuation of Number Valuation of No. of construction of construction buildings Omit cents buildings Omit cents la) Ib) Ic) Id) lei Amusement, social, end recreational 316 Churches and other religious 318 Industrial 320 Pakng arages u d open decked) 321 Service stations and repair garages 322 Hospitals and institutional 323 Offices, hanks, and professional 324 Public works and utilities 326 1 2A 000 Schools and other educational 326 Stares and customer services 327 Other nonresidential buildings 328 1 Structures other than buildings 326 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS, AND Item CONVERSIONS Number Valuation of Number Valuation of No, of construction of construction buildings Omit cents buildings Omit cents (a) Ibl (c) __.. Idl (e) Residential — Classify additions of -- - - + -- -- -• - - - -- - garages and carports in item 438. - 434 - -- Nonresidential and nonhousekeaping 437 5 55117 Additions of residential garagea and carports _ - . (attached and detached) 4381 4 4015-0-4 DEMO -1 > - • .' - , - -2. CURB -6, MOVE -1, PLEASECONtINUEONREVERSESIDE — n Total Valuation $1,570,525 Total Permits 81 %� —�r( /L ) • 0 DEMOLITIONS AND PRIVATELY OWNED PUBUCLY OWNED Number of Number of RAZING OF foam BUILDINGS No. NWSts Housing Buildings ggg ooms lot (b) gel (d) (el Single - family houses lanached and detached) 645 Two - family buildings 818 Three- and tour - family buildings 647 Five -or -more family buildings 018 All other buildings and structures INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,000 OR MORE Please provide the following information for each permit authorizing construction valued at $500,000 or more entered in sections 1 through IV. Item Number of No. Owner- Valuation of from Description Name and address of owner or builder ship Mark (XJ construction Housing Buildings Sec. one Omit cents unit. I -IV lei (of (N (d) is) III Ig) Kind of building ---- --------- ❑Private Site etltlreee _ __ ❑PUbIK Kind of building ❑Pr vate Sit. etltlreee $ Kind of building - - ❑Private Site etltlreee ________ ❑liUbec S Kind of building ____ _______________________________ ❑Private I ❑Publk Site address ------------ ------------------___ ___ $ Kind of building ❑Private - - -- --- Site stldreas S Kind of building ___ ______________________________ ❑Private She addreaa El Public $ Kind of building ❑Private ___ ______ — ------------------ ----------------------------------------- ___________ ___________ Site etltlreee 8 Kind of building ____ _____________________________ __ Private ______________________ Site address $ Kind of bonding ❑Pnvaro - ------------------ ----------------------------------------- Site etltlreee S Comments aware Areyou re of any new perm)!- issuing lurtsdl awe 7 ❑ - ❑No Yes give additional information in comments. Name of person to contact regarding this report Telephone James G. Nark code Number EMernion Arta Title Buildin Official 612 234 -4216 ,�1.7W IN6911 HUTCHINSON AIRPORT COMMISSION May 23, 1994 Meeting called to order by Chairman David Skaar at 7:35 P.M. Members present: Dennis Kahl, Joe Dooley, Tim Miller and Chairman Skaar. Members absent: Jim Faber and Mayor Torgerson City Staff: John Rodeberg and Doug Meier Motion by Tim Miller and seconded by Joe Dooley that a person has 90 days to put an aircraft in the rented hangar (No exceptions) after acceptance of a hangar. Passed unanimously. Motion by Tim Miller and seconded by Joe Dooley to have a special meeting on Friday, the 27th of May, 1994 at 8:00 A.M. at the airport lobby to discuss the Tom Parker hangar situation. Passed unanimously. Next scheduled meeting will be on June 27, 1994 at 7:30 P.M. at the airport lobby. Report submitted by Doug Meier. Meeting adjourned at 8:30 P.M. 0 0 HUTCHINSON AIRPORT COMMISSION SPECIAL MEETING May 27, 1994 Meeting called to order at 8:04 A.M. by Chairman Dave Skaar. Members present: Chairman Dave Skaar, Dennis Kahl and Tim Miller. Members absent: Jim Faber, Mayor Torgerson and Joe Dooley City Staff: Ken Merrill, Connie Maki, Doug Meier, and John Rodeberg Guest present: Tom Parker Motion made by Tim Miller, seconded by Dennis Kahl that a person who requests a closed hangar may take an open hangar in the interim until a closed hangar becomes available but they must give up initial hangar. There is no difference between old and new enclosed hangars. Passed unanimously. Motion made by Tim Miller, seconded by Dennis Kahl to change the present application dates back to original date as it appeared on the hangar list. Passed unanimously. Motion made by Tim Muller, seconded by Dennis Kahl to temporarily rent large open hangar #1 to Tom Parker for a period of 60 days. Passed unanimously. Meeting adjourned at 9:05 A.M. Submitted by Doug Meier. 0 0 MINUTES Parks, Recreation & Community_ Education Advisory Board May 5, 1994 The meeting was called to order at 5:20 p.m. Members present were Lee Cox, Mary Ann Kasich, Doug Brown, Linda Martin, Mike Schall, John Mlinar, Rev. Brian Brosz and Mike Cannon. Also present were Dolf Moon, John Arlt and Karen McKay. The minutes dated April 7, 1994 were accepted by the motion of Mike Cannon and Doug Brown respectively. The Board unanimously agreed. Request from St Anastasia Playground Committee - Previously, a request was made from the St. Anastasia Playground Committee for a monetary donation from the City for their playground /park development. John Mlinar stated that there was nothing budgeted for this type of request. Mary Ann Kasich felt that the community will use this playground /park as if it were a city park. The Board agreed that this item should be forwarded to the Parks and Facilities Committee for their . consideration. Brochure - All Hutchinson area residents received the Parks, Recreation and Community Education 1994 Summer Brochure' through the mail: That procedure will continue, there will be three publications annually. The P.R.C.E. Departments have been merged for one year, consequently, bulk mailing cost may go down from $.10 each to $.065 each. The Crow River Art Center was given the opportunity to submit their information, but declined. Rev. Brosz questioned why instructors weren't printed along with the recreation programs, Dolf stated that because of the large number of coaches and instructors hired, along with the date of hire, it is just not possible to publish a list. I.S.D. #423 Facility Use Draft - The Board received a copy of the Facility use draft. Doug Brown is concerned that rooms and facilities could be used more effectively by including Saturdays. The final draft should be presented at the next regular meeting. Arena Energy Audi - Dolf, Mary Haugen, Facilities Manager, Gary Plotz, City Administrator and Ken Merrill, Finance Director will meet after the report arrives. It will then be shared with the Board. Summer Registration - At 6 p.m. on May 3rd registration began for summer programs. By 7 p. m., • the waiting lines had disappeared at the Civic Arena. The number of people served at the "mass registration" continues to increase. There are plenty of openings for swimming lessons at this time. 4z- ,4, (3) MINUTES Parks, Recreation & Community Education Advisory Board May 5, 1994 Page two Huskies R g s - After consideration, John Mlinar made a motion to approve the Huskies request for waiving the 15 % profits fee for use of the Veteran's Memorial Concession Stand in light of their past donations and continued support of the baseball field. Mike Schall seconded the motion. The Board unanimously agreed. Band Concert s - Assembly of God Church has requested use of the Library Square Band Shell and two sets of bleachers for Wednesday evenings in July (6, 13, 20, 27) from 7 -8 p.m. as they did last year. Mike Schall made a motion to accept the request from the Assembly of God Church as written. Doug Brown seconded the motion. The Board unanimously agreed. Church of Christ Uniting - The Board received a request from the C.O.C.0 for use of the Library Square Band Shell and bleachers for a hymn sing from 7 -8 p.m. on June 15th, 22nd or 29th. The event may be done in conjunction with the Water Carnival. Dolf reported to the Board that the park is available. Doug Brown made a motion to accept the request as presented to the Board provided that further details be set regarding the date. Mike Schall seconded the motion. The Board agreed unanimously. L Jill Waterhouse, Program Director of the Minnesota Art Experience Workshops gave a presentation on the Caribbean Festival that will be held at the Art Center August 1 -5. M.A.X. will provide an opportunity for area students, artists and community members to participate in a $6,000 workshop at a low cost ($25 -50). Lee Cox received an invitation from the Figure Skating Association to attend a meeting. They are requesting that a financial report of the skating program be presented. Unable to attend, Lee requested that another Board member be present along with Marv. Dolf has met with McLeod County Parks Supervisor, Al Koglin who manages the fairgrounds facility. The type of flooring to install in the facility remains undecided at this time. Doug Brown would like to see a display /booth at the County Fair staffed by School and /or P.R.C.E. personnel. The meeting was adjourned by Mike Cannon at 6:30 p.m. 0 HUTCHINSON POLICE COMMISSION MEETING The Hutchinson Police Commission held a meeting on June 2, 1994, at 7:00 a.m. at the Hutchinson Police Department. Present at the meeting were Kathleen Skarvan, John Decker, Kevin Compton, Chief Steve Madson and Sgt. John Gregor. The meeting was called to order at 7:05 a.m. An eligibility list was providethe commissioners ranking the ' 20 individuals that were intery ed on May 18 and 19, 1994, for the patrol officer positionall 0' hn Gregor stated that the individuals were ranked accor o their cumulative score on both the written and the oral ints. It was noted that there was a three way tie at the thir the list. A motion was made by John Decker, seconde\��{) Kevin Compton, to approve the eligibility list as prese e „ o the commission. Motion carried. A motion was then made by TOfin Decker, seconded by Kevin Compton, to approve the top three positions on the eligibility list which included five individuals. Motion carried. With there being no further business to discuss a motion was made by Kathleen Skarvan, seconded by John Decker, to adjourn the meeting. Motion carried. Time of adjournment 7:15 a.m. - Kevin Compton, 'Secretary 0 HUTCHINSON COMMUNITY HOSPITAL/ BURNS MANOR NURSING HOME REGULAR BOARD OF DIRECTORS' MEETING -March 15, 1994 Conference Room AB - 5:30 p.m. Present: Rich Myers, Chairman; Jim Mills, Vice Chairman; Elaine Black, Secretary; Paulette Slanga, Trustee; Tom Daggett, Trustee; Don Erickson, Trustee; Dr. Dennis Murphy, Chief of Staff Others Present: Philip G. Graves, President; Mary Dehne, Regional Services Officer/HealthSpan; John Richards, BMNH Administrator; Ed Tusa, Finance Director, Jane Lien, Nursing Services Director; Elaine Schermann, Rehab /Quality Director; Jane Hodgins, Leader; Dale Edstrom, KDUZ Radio; Laurie Hulkonen, Recording Secretary The meeting was called to order at 5:35 p.m. by Chairperson Myers. Minutes of Past Meetings. The minutes of the February 15, 1994, board of directors' meeting were presented. Following discussion: Motion was made by Erickson, seconded by Slanga, to approve the minutes of the February 15 regular board of directors' meeting as presented. All were in favor. Motion carried. Medical Staff Minutes, Dr. Murphy presented the minutes of the March medical staff meeting. The health information services /utilization review committee discussed the 195 delinquent inpatient and same -day surgery records (compared to the goal of less than 17 j- of those 195 .it- was noted the.tu mber of delinquent operative reports have improved and fall within the standard. That committee also discussed the documentation needed to allow the record coding process to proceed. The obstetrics committee discussed and adopted proposed revisions in the policy for support individuals to be present in the operating room when a C- section is performed under general anesthesia. The pharmacy and therapeutics committee heard an inservice on drug utilization evaluation. Results of monitoring activities for the drugs Toradol and Rocephin were also presented and discussed. Dr. Gordon presented information on BMNH policies and procedures associated with residents' possible change in condition, as well. New Business A. Safety Presentation. Jim McKay, safety officer, presented an overview of 1993 safety - related activities, a 1993 annual report of utilities management activities, and safety committee plans for 1994. Highlights of the January safety committee meeting were also presented and discussed. Following discussion: Motion was made by Mills, seconded by Erickson, to accept as presented the reports on 1993 safety activities and 1994 plans. All were in favor. Motion carried. The board thanked McKay for his presentation, and he then left the meeting. B. Pathways. Jane Lien, Nursing Services Director, presented information on anticipated recovery pathways (ARPs) or, "pathways," as they relate to the 1994 organizational goal to pilot a minimum of one ARP to demonstrate clinical outcomes measurement and monitoring: -A pathway was defined as a concurrent multidisciplinary patient management tool that.includes timing and sequencing of key activities for clinical conditions, and/or a tool. which facilitates quality improvement and outcomes measurement. Lien discussed healthcare trends relating to CQI (including process improvement) and managed care (case management // -A. 6 Regular Board of Directors Meeting - 3/15/94 Page Two (B.) enrollee utilization patterns and provider service patterns are monitored before, during and after delivery of benefits. Case management was discussed and defined as the collaborative approach to patient care for the purpose of achieving desired patient outcomes through appropriateness, effectiveness and efficiency to achieve desired patient outcomes. It is not payor mandated/managed , under -, outside control, or top -down design but, rather, is patient -care based on clinical practice guidelines based upon objectives developed by a multidisciplinary team. Basic concepts are that case management grows out of managed care; is physician driven, not controlled; is multidisciplinary; caregivers are case managers; the pathway is the basic tool; variance analysis is the monitoring mechanism used to identify patients deviating from expected early enough to take corrective action. A hospital group then looked at diagnoses for which we wished to develop pathways (by taking high volume indicators) and decided our first pathway would be on pneumonia, the most frequent diagnosis in 1993. The group goals included optimal care, collaborative practice, coordination of care and continuity of care, directing all care provider contributions to achievement of patient outcomes and having the ability to respond to third party payers with appropriate data. An overhead of a United Hospital written pathway (care map) was then shared. Our former procedure followed for pneumonia was mapped out for baseline information. Then closed charts from HIS were reviewed along with current charts. Variances can be system related, people - related, equipment, environment, methods or materials- related. C. Oreanizational Investment Policy. Tusa presented a spreadsheet showing potential funds to be used for investment. Options for investment were discussed. The organization's goal would be to start a fund with $500,000 and to build it to $1.5 million by investing in the Lord Abbott Mutual Fund. Tusa explained the State allows municipal entities to use only certain funds, and this fund is allowable - Lord Abbott Mutual Fund will allow HCHBMNH 12 months to build to $1 million without a load. Through meetings with City administration, finance staff learned the City was also interested in participating. Caution was given by board members that mutual funds are price sensitive, which will entail some risk. Daggett mentioned his experience with the Lord Abbott Mutual Fund. Tusa stated he perceived this risk as moderate, noting the fund's net total return over the past 10 years was between 6 -15 %. He emphasized the organization is looking at getting in and staying in for the long haul. He also stated one of the difficulties with being publicly -owned is that the organization cannot invest in equities. The board then reviewed a listing of permissible holdings included in the current investment policy. Following discussion: Motion was made by Daggett, seconded by Slanga, to recommend adoption of the organizational investment policy by the City Council. All were in favor. Motion carried. D. Home Care. Information on study of a potential joint venture with Glencoe Area Health Center and Augustan Homes of Litchfield for provision of home care services was discussed. The agreement itself will be signed by Glencoe because they're the recipient of the Rural Healthcare Transition Grant being used to . fund this study. The consultant will evaluate Augustana's current business, do a business plan and a five - year financial proforma. After the study, the home care committee would like to assemble a task force of the Hutchinson, Glencoe and Augustana groups to discuss the study. Regular Board of Directors Meeting - 3/15/94 Page Three (D.) The board learned the County Public Health Nursing Service will still provide home care services. Dehne noted the HealthSpan home care service is available in the seven-county area all the time, and home care is perceived to be a growing need everywhere in the state. Graves stated that HCH/BMNH's would like to enter into the joint venture within the next 30-60 days; however, we may need to do business sooner, based on a recent resignation from our Hospice staff . The organization may do an interim step with Augustan until the joint program is put in place to fill that need. Assisted living was briefly discussed. Erickson noted that Peace Lutheran Church's Prince of Peace congregate housing program group met with the Housing and Redevelopment Authority (HRA) and was to sign the agreement for the parcel of land today and hopefully will rum the land over by July 1. Part of the issue was the limitation of bonding the City for $10 million, and the HRA was looking at some other projects, as well. Including some members of the Prince of Peace project on the Assisted Living Task Force was seen as appropriate to enhance the development of the project. Graves communicated that we are not in competition with the Prince of Peace project but, rather, here in the interest of the community and will do what's best to address housing for senior citizens. E. Zelenv Trust Fund. Tusa recapped the history of the Zeleny trust fund, which was set up by long -time Hutchinson resident Helen Zeleny, a BMNH resident who wished to make working conditions and living conditions at BMNH more like home. Black noted that she had visited with Zeleny many times before Zeleny's death and felt Zeleny would be very happy to see the improvement made at BMNH over the past few years. Improvements made at BMNH with organizational funds (with the prospect of being reimbursed by the trust fund) included the specialty suite (hospice room) and the new employee lunch room for staff downstairs, among others. Funds expended on BMNH construction/remodeling far exceeded the amount held in trust. _ Tusa then presented a proposed resolution for reimbursement of BMNH construction/remodeling funds to the - - general operating account by the Zeleny Trust. Following discussion: Motion was made by Erickson, seconded by Daggett, to adopt the resolution for reimbursement of Zeleny trust funds to the general operating account or other accounts, as appropriate, and to close out the Zeleny trust account. All were in favor. Motion carried. F. Depreciation Fund Policy and Designation. Tusa presented a proposed depreciation fund policy, requesting a motion from the board to confirm the five existing funds listed as funded depreciation (i.e., Zeleny Trust, Medical Office Building -7, Debt Reserve, HCH Building Project, and Medical Office Building -5) since their inception. Funded depreciation was briefly explained as a systematic funding of depreciation, a practice of locking financial resources in a segregated account to be used for acquisition of depreciable assets required in rendering patient care or other capital purposes related to patient care. Tusa discussed the proposed policy, which was drafted earlier this month. He stated the real advantage in funded depreciation rests with Medicare reimbursement, because the hospital/nursing home can shelter these investment incomes and, in doing so, will maximize Medicare reimbursement. He told the group the other key policy is depreciation funding criteria, where funding levels established in the annual operating budget for each fiscal year (by amount equal to annual depreciation expense). Regular Board of Directors Meeting - 3/15/94 Page Four • (F.) In order to clarify this for Medicare and IRS purposes, a motion was needed from the board to confirm the five funds as funded depreciation at this time. Tusa told the group that if the organization gets into mutual funds, we may be making requests for one or two additional funds to be designated as funded depreciation. Following discussion: Motion was made by Daggett, seconded by Slanga, to confirm the five funds listed (Zeleny trust, Medical Office Building -7, Debt Reserve, HCH Building Project, and Medical Office Building -5) as funded depreciation since their inception, All were in favor. Motion carried. President's Report. Graves reported on the following items of interest: A. The annual planning retreat was discussed by Robyn Erickson. In the past, the board met in August, followed by a department directors meeting in September. Because budget timelines don't tie in, departments aren't able to budget according to board goals until after the fact. The director group asked, at their last retreat, to start the planning process earlier in order to meet the budget timelines. Erickson proposed to the board that they have their annual planning retreat in June rather than August of this year. She will need to check with medical staff on the time change, as well. An orientation retreat is a board goal, to be done first, for April or May, and then she will follow up with the planning retreat. Suggested days were a Thursday night and Friday morning, ending following lunch, in June for the local planning retreat so we get participation from medical staff. B. MinnesotaCare was discussed by Graves. Battles have been broken out after the bill was presented with 127 amendments. In looking at this, the Minnesota Hospital Association (MHA) is not sure where its going to go, but some action will take place. MHA recently provided .a-handout on cooperatives. Legislation as it looks now is broad enough to organize networks in terms of cooperatives, similar to those of Land `o Lakes; etc. A copy of the handout will come to the board as we considet its applications to Hutchinson. With cooperatives, you would automatically exempt Medicare, Medicaid and ER1SA employees. The desirable number for participation in a cooperative is 50,000 or as little as 15,000. This is another vehicle with which to provide healthcare, and the board will be kept apprised of ISNs as we learn more. BMNH Administrator Report. Richards presented the following information on nursing home activities: A. Legislative efforts are moving toward deregulation/reinventing nursing homes. A pilot project is being planned to allow participants to go without all the regulations and see if they have their quality pieces in line without regulations. The focus will be spending less money for nursing care. An estimated 20 -35% of state funding dollars now go to documenting what homes are doing but could be used, instead, for resident care. Richards will follow -up in the future with the board. He stated we need to be cautions as HCFA approval is needed in addition to that of the Minnesota legislature, before any changes are made. B. Bed hold/bed transfer regulations were briefly discussed. The State of Minnesota says the State owns nursing home beds because they pay more. As we look at using our skilled nursing beds in other ways (such as swing beds), Richards said the organization needs to ensure we retain control of those beds. C. Board and lodging regulations are being examined and these facilities may become as highly regulated as nursing homes. The Minnesota Association of Homes for the Aging (MAA) is looking at contract type services to spell out services, i.e., a tenant/landlord relationship rather than having all government regulations. D. The last regulation discussed was an efficiency incentive that was lost last year through budget crunches. Nursing homes lost some efficiency incentives (meant loss of $30,000 to BMNH last year). MAHA is trying to reimplement that regulation. This is one way of making money in a nursing home by containing costs under the capitated amount being paid by the government. Now we need to be further under the cap than ever to regain the costs. Regular Board of Directors Meeting - 3/15194 Page Five 0 Abbott Northwestern Report. Myers relayed the following highlights from the last Abbott board meeting: A. A report was heard from the Healthy Communities 2000 task force. B. He noted similar things in Abbott's quality management area are being done relating to pathways. They have identified 37 pathways under which 63% of their activities fall. The quality management group also is restructuring some patient care committees which had become cumbersome at 50 members and are now pared down to less than 20. C. Information was shared on Abbott being chosen by HCFA as a top 100 U.S. hospital for benchmarking for success. Cambridge Hospital was the other Minnesota hospital so honored. D. An education presentation was made by Miles Belgrade, MD, regarding the four categories of chronic pain Healthy roman Report. Dehne then shared the following information about HealthSpan: A. The committee of regional hospital board chairpersons heard Dr. Jim Eland talk about the Allina merger and customer needs. That group felt their own individual boards would gain collectively from hearing such presentations, being educated and sharing the experience with fellow attendees. Looking at adding value for governance and governance education. B. The merger of Allina is moving forward well, meeting all hurdles so far, which have been very few as far as the FTC and others are concerned. The new relationship should be finalized in May or early June. Allina is coming together as an integrated healthcare organization. A governance task force made up of governors from both organizations has met and its recommendation is that 50% of the new governors be community and lay people and 50% be physicians. Of the physician half, a certain percentage must be disinterested parties who will not benefit from or have their practice within the organization. The office of the president will be held by two individuals -- Gordon Sprenger and Jim Eland, with Eland overseeing all integration efforts and Sprenger relating to governance and having staff function responsibilities. This will be a partnership starting at top. As we move down, there will be a three -fold focus: delivery system (led by John Grotting ); health plan (led by David Strand from Medics), and the provider organization (led by Jim Eland now until search is finished for a leader). Following that will be various functions— information systems, public policy, continuous quality improvement, finance/administration (Dick Blair), marketing/planning (Steve Hillestad) , legal (Mark Mishek) communications (Linda Lee) and human resources (Mike Howe). Initial directions of Allina were discussed. We will design and staff our new organizational structures guided by the interaction of the following statements of direction: 1. Organizing vision - Allina will offer integrated health care system to affordably enhance health status of people living and working in communities we serve. 2. Organizing principles - service excellence, partnership, empowerment, clarity and accountability.; 3. Early anticipated strategies - offer customer driven product for metro and regional areas; collaborate with providers to offer an integrated health system; establish a clinical system to improve healthcare delivery; and aggressively reduce medical cost trends (everything that happens during care of enrollee, including outpatient pharmaceuticals, service of other providers such as podiatrists, chiropractors, etc.) Dehne suggested inviting Brian Osberg out to Hutchinson to talk about health plans as he will be leading development of the new ISN. 0 Regular Board of Directors Meeting - 3/15/94 Page Six Accounts Payable. The listing of accounts payable and cash disbursements was presented for approval. Following discussion: Motion was made by Daggett, seconded by Black, to approve for payment the listing of accounts payable and cash disbursements in the amount of 1,761,337.24 for the hospital and $57,555.92 for the nursing home. All were in favor. Motion carried. Statistical Report. The revised statistical report was then presented and discussed. The hospital had 175 admissions for the month with average daily census of 20.0 patients. Average length of stay was 3.2 days and percentage of occupancy was 33.3 %. The nursing home percentage of occupancy was 96.9 % with a case mix of 2.33 for the month. Other hospital statistics showing increases included mammography, scans /ultrasounds, MRI, medical occupational therapy, ambulance runs and outpatient services. Financial Reports The financial reports were distributed and presented by Tusa. The organization had a net income of $51,491 against a budget of $152,176. Auxiliary Meeting Minutes. The auxiliary meeting minutes for February were presented. No unusual comments were made. Adjournment Motion was made by Daggett to adjourn the meeting. The meeting was then adjourned at 7:35 p.m. by Chairperson Myers. Respectfully submitted, Laurie Hulkonen Elaine Black Recording Secretary Secretary HUTCHINSON COMMUNITY HOSPITAL/ BURNS MANOR NURSING HOME REGULAR BOARD OF DIRECTORS' MEETING - April 19, 1994 Conference Room A/B - 6:15 p.m. Present: Jim Mills, Vice Chairperson; Paulette Slanga, Trustee; Tom Daggett, Trustee; Dr. Dennis Murphy, Chief of Staff Absent: Rich Myers, Chairperson (excused); Elaine Black, Secretary (excused); Don Erickson, Trustee (excused) Others Present: Philip G. Graves, President; John Richards, BMNH Administrator; Ed Tusa, Finance Director; Jane Lien, Nursing Services Director; Elaine Schermann, Rehab /Quality Director, Linda Ziemer, Personnel/Human Resource Director; Jane Hodgins, Leader; Dale Edstrom, KDUZ Radio; Laurie Hulkonen, Recording Secretary The meeting was called to order at 6:20 p.m. by Vice Chairperson Mills, following the joint meeting with the County Commissioners.. Minutes of Past Meetings. The minutes of the March 15, 1994, regular meeting were presented. Following discussion: Motion was made by Slanga, seconded by Daggett, to approve the minutes of the March 15 regular board of directors' meeting as presented. All were in favor. Motion carried. Medical Staff Minutes. Dr. Murphy distributed and presented the minutes of the April medical staff meeting. Delinquent charts were again discussed, and Murphy stated he would be talking on an individual basis with those physicians who are out of compliance. The criteria for eligibility of swing bed use were presented by Anne Powers,, discharge coordinator. It was learned that the infection control/patient care and safety committee had reviewed the neutropenia protocol and a report was heard on the desire for study of a special room being considered for isolation of suspected tuberculosis patients. A report was heard on selected BMNH standing orders. The ICU /CCU committee discussed recording of asystole vs. fine ventricular fibrillation, the lack of state guidelines for ground transport relating to the need to maintain the same level of patient care, and the need to complete a transfer form for patients transferred within our facility, noting new or continued medication orders. The ER committee discussed improving staff communication during trauma codes and the need to enforce hospital policy stating no more than two people should be with an ER patient at one time. A change in ambulance procedure was also noted, where only one EMT will respond to each trauma code unless additional assistance is deemed necessary. The Pharmacy & Therapeutics committee discussed formulary changes and data collection on antibiotic waste. And an update on the medical staff reorganization was given. New Business A. Audit. Dan Vandenberghe of McGladrey and Pullen presented results of the 1993 financial audit of the organization. A clean opinion was received from the auditing firm, and suggestions were given to help the organization improve its financial position over the coming year(s). Following discussion: Motion was made by Daggett, seconded by Slanga, to accept as presented the financial audit for the fiscal year ended December 31, 1993. All were in favor,_ Motion carried. Regular Board of Directors' Meeting - 4/17/94 Page Two • B. Medical Staff Appointment. A recommendation from the executive committee of the medical staff was heard for approval of consulting staff privileges requested by Dr. Richard Sweet, a nephrologist working with the Hutchinson Dialysis Center. Following discussion: Motion was made by Daggett, seconded by Slanga, to grant consulting staff privileges to Dr. Richard Sweet in nephrology. All were in favor. Motion carved. C. First Ouarter Goals Status Report. Graves distributed copies of the first quarter organizational goals status report and discussed each area with the group. No unusual comments were made. D. C.D. Annual Report. Due to illness, Pat Halverson was not able to present the annual report on C.D. activities. This will be rescheduled for a future meeting. E. Oreanizational Performance Evaluation Process. Linda Ziemer, Personnel/Human Resources Director, presented the annual performance evaluation activity report. She explained this information is recorded only for the hospital this year; however, records are being kept for BMNH as of January 1994 and will be included in the next report. In 1993, 300 employee evaluations were done during the year; 66% were rated fully competent; 30% were rated superior; 3% distinguished, 1% provisional. One employee received an unsatisfactory rating and is receiving ongoing coaching and counseling to upgrade that rating. Two employees received provisional performance ratings and are no longer employed at HCH/BMNH. Following discussion: - Motion was made by Daggett, seconded by Slanga, to accept the annual performance activity report as presented. All were in favor. Motion carried. F. Norwest Note. Tusa informed the group of action taken on April 12, 1994, to rewrite our installment purchase contract with Norwest Investment Services and the City of Hutchinson. Under the amendment, the outstanding principal balance of $1,137,905 was refinanced from an interest rate of 7.00% per annum to 5.23% per annum. This will save approximately $46,000 over the final four years of the lease issue. Although this type of transaction would have usually come before the HCH/BMNH board first, timing was of the essence due to the anticipated continuing trend of rising interest rates, the City Council approved the action at their April 12 meeting. The board members present agreed that these were unusual circumstances and expressed their agreement with the action taken. G. Desigrtation of Funded Depreciation Accounts. The board learned that funds were moved into investment accounts with the Lord Abbett Mutual Fund and the Voyageur Mutual Fund following last month's board meeting. In keeping with organizational policy, it was requested that these funds be designated as funded depreciation for Medicare purposes. Following discussion: . Motion was made by Slanga, seconded by Daggett, to designate the Lord Abbett Mutual Fund and Voyageur Mutual fund as funded depreciation for Medicare purposes, All were in favor. Motion carried. • E Regular Board of Directors Meeting - 4/19/94 Page Three H. Long Term Care Annual Report. John Richards presented information on long -term activities at Bums Manor Nursing Home over the past 12 months. Nursing home operations were discussed, and it was noted that occupancy has remained stable. The change to primary nursing care has been well received by staff residents and their families. Proposed changes to nursing home regulations were discussed, and Richards noted that the industry estimates regulation compliance costs nursing homes 33% of their revenues. A pilot study will be conducted to determine if deregulation will help to reduce costs. He also told the board that the merger of BMNH and HCH departments is going well, citing the personnel, dietary and environmental services, plant operations, accounts payable function mergers. He also relayed staff and resident appreciation for the recent building project, which improved comfort for residents and improved working conditions and break areas for staff. President's Report. Graves reported on the following items of interest: A. Barbara Volk Tebbitt has been hired as a consultant to assist in reorganizing our management staff. She will have completed her work and will present her findings to the board at next month's meeting. B. Meetings continue with representatives of Glencoe Area Helath Center and Augustan Homes f Litchfield for creation of a new home care company to provide services to the elderly population of our service areas. C. The hospital's petty cash fund has been increased to $500, the same level already in place at BMNH. BMNH Administrator's Report. Richards covered areas of interest in the above annual report. Accounts Payable. The accounts payable listing for March was presented and discussed. Following discussion: Motion was made by Daggett, seconded by Slanga, to approve for payment the listing of accounts payable and cash disbursements in -the amount of $1,070,016.16 for the hospital and $88,593.47 for the nursing home. All were in favor. Motion carried. Statistical Report. The statistical report was then presented and discussed. The hospital had admissions of 201 for the month with average daily census of 23.6 patients. Average length of stay was 3.3 days and percentage of occupancy was 33.3 %. The nursing home percentage of occupancy was 95.9% with a case mix of 2.38 for the month. Other hospital statistics showing increases included newborns, total surgery visits, medical occupational therapy visits, and ambulance runs. Financial Reports The financial reports were distributed and presented by Tusa. The organization had net income of $91,939 against a budget of $134,253. Auxiliary Meeting Minutes. The auxiliary meeting minutes for March were presented. No unusual comments were made. Adjournment Motion was made by Daggett to adjourn the meeting. The meeting was then adjourned at 7:35 p.m. by Vice Chairperson Mills. Respectfully submitted, Laurie Hulkonen Recording Secretary Elaine Black Secretary 0 ORDINANCE NO. 94 -111 AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from C -3 Central Commercial District to R -2 Multiple Family Residence District with the following legal description: Lots 1, 2, and 3, Block 51, North Half City Adopted by the City Council this 14th day of June, 1994. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator /p-(1) i ORDINANCE NO. 94 -112 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTION 8.15, I -2 HEAVY INDUSTRY DISTRICT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and - publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464. SECTION 2. That Section 8.15, I -2 HEAVY INDUSTRY DISTRICT is amended as follows: Change lot area from 5 acres to 3 acres and lot depth from 600' to 400' in the I -2 Heavy Industry District. SECTION 3.- This ordinance shall take effect from and after its passage and publication. Is Adopted by the'City Council this 14th day of June,- 1994. Mayor ATTEST: Gary D. Plotz City Administrator Torgerson 0 0 • ORDINANCE NO. 94 -113 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: That part of Tract E of Registered Land Survey No. 3, McLeod County, Minnesota, described as follows: Commencing at the southwest corner of Schmidtbauers Fourth Addition, according to the recorded plat thereof; thence East, assumed bearing, along the south line of said Schmidtbauers Fourth Addition, a distance of 180.00 feet to the point of beginning of the land to be described; thence South 50.00 feet; thence East 60.00 feet; thence South 150.00 feet; thence East 666.52 feet; thence North 150.00 feet; thence East 60.00 feet; thence North 50.00 feet to said south line; thence West, along said south line, 786.52 feet to the point of beginning. (3.20 Acres) SECTION 2. This Ordinance shall become effective from and after publication. Adopted by the City Council this 14th day of June, 1994. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor RESOLUTION NO. 10239 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE M The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR )0 Gal. /100 LL Aviatioi 9,447.20 Resale Airport Yes BFC Company The following items were authorized due to an emergency need: ITEM 141031 Date Approved: June 14, 1994 Motion made by: Seconded by: PURPOSE DEPT. BUDGET I VENDOR Resolution submitted for Council action by: RESOLUTION NO. 10240 • RESOLUTION RELEASING EASEMENT ON LOT ONE, BLOCK 14 NORTH HALF, TOWNSITE OF HUTCHINSON WHEREAS, an unrecorded easement dated October 14, 1947 was granted to allow for access to a water shutoff through Lot 1, Block 14, North Half of the Townsite of Hutchinson, and; system. WHEREAS, said easement is no longer required due to improvements to the water supply NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the attached "Release of Easement' prepared by W.B. Haas of the Haas Law Office is 0 hereby approved. Adopted this 14th day of June 1994, by the City Council of Hutchinson, Minnesota. City Administrator Gary D. Plotz Mayor Marlin Torgerson • RELEASE OF EASEMENT 0 The undersigned, for the CITY OF HUTCHINSON, hereby releases that certain unrecorded easement dated the 14th day of October, 1947, wherein an easement was granted across Lots One(1), in Block Fourteen (14), Townsite of Hutchinson, North Half, McLeod County,. Minnesota, for the purpose of closing a water shutoff serving City water to said land. That easement is hereby released. Mayor of Hutchinson STATE OF MINNESOTA) ) ss. COUNTY OF MC LEOD ) The foregoing was acknowledged before me this day of 1994, by , the Mayor of Hutchinson, on behalf -of the City of Hutchinson, who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. THIS INSTRUMENT WAS DRAFTED BY: W. B. HAAS HAAS LAW OFFICE 95 SECOND AVENUE S.E. P.O. BOX 157 HUTCHINSON, MN 55350 (612) 587 -4777 Notary Public r 1 LJ RESOLUTION NO. 10241 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: 1. That the Council hereby establishes that a traffic control device known as a "NO PARKING" sign shall be erected at the following location: • On the north side of Roberts Road between Dale Street and School Road 2. That the Council hereby establishes that a traffic control device known as a "BICYCLE ROUTE MARKER" shall be erected at the following location: On the north side of Roberts Road between Dale Street and School Road Adopted this 14th day of June, 1994 by the City Council of Hutchinson, Minnesota. City Administrator - Gary D. Plotz Mayor - Marlin Torgerson Form No. 246— ,yp:r. r,..s l� osrensosfsu -sus s nlu• n..r.ls... soon -9 R.ETAIIe "ON SALE" - ,Otate of lRinne0ota, CITY ` N couxrr or....hkt.em _._._._.._..__......._... ,1 JJ • To the...�.!� {.....�Q.BN P.� ....................Of the.......... C.EE, ................... of.... .ls.L6.�.lH.Ss?'1....... ......................... L..... ......................................................... State of Minnesota: --- ..__........ ---._ _.�.___._._—.__................ hereby appt._5.. -for a lieenae Ior the term of.........._....., 2......0. S ...._.... mil. ` _. _.. from the ............ _ ........................... ... _ ........... _ .... __.alai/ of.._�� � ` —._ ___..._.— �...._......__.r._.:., 191 to sell Retail Only, Non - Intoxicating Malt Liquors, ae the same are defined by law, for consumption "OX" thus prsrnens. in tka ._�......_.____...._......... .......... _ ... ......... -- ... _ ..............__.............� y.._..._.._..__.......O ._ kr� �^ . j --fi�r- ----�( .......__.... described as foUaos, tow, t:.__..__ .... ..........._......!'.�......�.. �-C 1....__.... - -. - -.. 0 r- IL at which place said applicant .....APPWU......the bus7rwsr aad to that end repreeent._..and state ...... as, follows: .. That said applicant ............................. l.S ..... _... 4.- ...stuen....._..of the Uuted Slake; of jaod moral aharacler and repute; and ha. t.......attained the age of 21 yours; that__ ............ ..._....._ ...... ..................... .... .. proprietor - ...... of the establishnaant for which the License will be issued if this application is granted. Timt no manufacturer of such nos -udo ricatmi malt liquors has any wonerehip, in whole or ifs part, in said bueiw,e of said applicant ......or any interest therein; That said applicant..- make ......this application pursuant and sabjeo0 to all the laws of the State of Minneeota and the ordinances and redulatlons of sald.__Ct.1.. /y. -_ .___.._.__._— ...... _. applicable thereto, which are hereby made a part hereof, and hdreby aFroe.£_to obmss and obey the coma; ...................................... _ ................. _ ........ _ ..... .. If ............_..._ .._..._.._...___...._..:.��..__ IHx, rtrM qbr npW' —,v4 �. el bsl MWYY) F.ach applicant further states that —he is not now the holder of, nor has _he made application for, rear does —he intend to make application for a Federal Retail Dealers Special tax stamp for the sale of intoxicating liquor. Dated. ..... .... .......... .�.....__._._..._..�018..� _..:. -. .G = ._—___....._.._... _.. jrr?(u V 11* ,Ire tfti P. 0. 0 i • Form No. 236- s,,'.w s s.os I— r RETAIL "ON SALE If p�ry 3 1 1991 U 90tr at a of Alllriegota, Cm OF H INS N coa To the Cl 77Y_ ci✓C /G - ___of the C/ZY ..... --of... /..wa..?., ....... . ...... ......... ................... ..._._. _ _ State of Minnesota: her appl_...._. for a license or the term of..J' hereby I f 5N fromthe .__._..._. _.__._.. ...._.._. day of__.._._.. ...... .. ..... _._ ............ . .. ........ 18 .. .. to sell At Retail Only, Non - Intoxicating Malt liquors, at the same are defined by lam, for consumption "OX" those certain pre nieu in the.____ .......... .._....._...... ...... .._ Gri[y ...... of ............... L?e[ /sue 1 c1SC.J_._...... _ described as follows, 10 wmt:.. f- /2G,1� r�G?/.3G _t$ . SO _ /iGL. 6 tr7�'Ge.�....___ at which place said applieaM..._ operate. ....the business oJ._ .......... _3G G/Q .- L....... 'S3/O and to that end represent .... and state ..... ae follows That said applicant.. _._...._.._..._ .......__........_....._witi.crn _._ of the United States; of goal moral character and repute; and Im attained the age of 21 years; that __...._ _..._... _._.... proprietor.. of the establishment for which, the license will be issued if this application is granted. That no manu factuxer of such non- infi%cicating malt liquors lease any ownership, in whole or in part, in said business of said applicant..._ or any interest therein; That said applicant , make._.thie application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said- .............._........._................._........._..._...._.._ ...._._.........._.....__...... applicable thereto, which are hereby made a part hereof, and hereby agree ..._.to observe and obey the same; (B-... a , e W r u, If , . oI b ,eeW�aavl Each applicant further states that --he is not now the holder of, nor has —he made application for, nor does _he intend to make application for a Federal Retail Dealer's Special fax stamp for the sale of intoxicating liquor. Dated __.. /�9.y.�3.L._..... __......... 18.2q!� — YC;L.rke�.39x7t9f .._... 8ppiieant...... y� P. , O( �d/ dldrus__.. U...: 3... .....!z`..�.......l�c(h.'..._V, cl�. _.. ... .,_. �L fF..r[.u,b6�f....._�t7........_ ,,�z_0 .............. e) 1 PUBLICATION NO. 4676 . NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 292 LEIITNG NO. 9 PROJECT NO. 94- 13/94- 15/94.16 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 8:00 P.M. on the 14th day of June, 1994, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of: Project No.94 -13: Cheyenne Street from Sunset Street to Cleveland Avenue by construction of bituminous overlay and appurtenances; Project No. 94 -15: Arizona Street from Carolina Avenue to School Road and Carolina Avenue from School Road to Arizona Street by construction of bituminous wear course and appurtenances; Project No. 94 -16: Sherwood Street and Elk Drive SE in Schmidtbauers 4th Addition - Phase 1 by construction of bituminous wear courese and appurtenances; You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1994. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is10 percent (plus or minus) per year. The right to partially prepay the assessment shall be until October 1st, 1994. The proposed assessment is on file for public inspection at the City Administrators Office. The total amount of the proposed assessment is $25,919.90. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. • 3. The objector may be represented by counsel. W101 PUBLICATION NO. 4676 PAGE L J 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Gary D. Plotz, Coy Adrr�inistr4pr City of Hutchinson, Minnesota PUBLLSHED IN THE HUTCHINSON LEADER ON TUESDAY, MAY 31, 1994 AND TUESDAY, JUNE 7, 1994. . 0 ASSESSMENT HEARING • Letting No. 9 CHEYENNE STREET /Plaza Heights (94 -13) ARIZONA STREET /CAROLINA AVENUE (94 -15) SCHMIDTBAUERS 4TH - PHASE 1 (94 -16) ASSESSMENT ROLL NO. 292 June 14, 1994 - 8:00 pm CONSTRUCTION OF BITUMINOUS SURFACING AND APPURTENANCES Total Construction Coat $ 144,758.45 Protect Expenses S 34.744.35 TOTAL PROJECT COST $ 179,512.45 • TOTAL PROJECT COST x� =hM $ 155,841.74 $ 23,670.71 $ 179,512.45 Protect Actual Estimated 94 -13: Cheyenne Street $ 609.07 $ 480 - 530 /lot 94 -15: Arizona Street /Carolina Avenue Hellands 5th Addition Hellands 6th & 9th Addition Hellends 8th Addition 94 -16: Schmidtbauers 4th Addition - Phase 1 $ 400 - 450 /unit $ 120.22 $ 300.55 $ 1,402.54 $ 556.78 $ 480 - 530 /lot NOTES All assessments calculated based on Subdivision Agreements 94 -15 City pays 1 unit for Rotary Park frontage 94 -16 City pays for repair of existing bituminous prior to wear course, and 3.5 units for Elks Park PROJECT COST BREAKDOWN TOTAL CITY SHARE TOTAL ASSESSED COST Cheyenne Street $ 6,090.68 Arizona Street /Carolina Avenue $ 8,114.77 • Schmidtbauers 4th - Phase 1 $ 9,465.26 • TOTAL PROJECT COST x� =hM $ 155,841.74 $ 23,670.71 $ 179,512.45 Protect Actual Estimated 94 -13: Cheyenne Street $ 609.07 $ 480 - 530 /lot 94 -15: Arizona Street /Carolina Avenue Hellands 5th Addition Hellands 6th & 9th Addition Hellends 8th Addition 94 -16: Schmidtbauers 4th Addition - Phase 1 $ 400 - 450 /unit $ 120.22 $ 300.55 $ 1,402.54 $ 556.78 $ 480 - 530 /lot NOTES All assessments calculated based on Subdivision Agreements 94 -15 City pays 1 unit for Rotary Park frontage 94 -16 City pays for repair of existing bituminous prior to wear course, and 3.5 units for Elks Park I— L-1 0 0 1. Such proposed assessment, a copy of which is attached hereto and made a part hereK is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land theram included is hereby fond to be benefitted by the proposed improvement in the amount of the assessment levied against it 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the fret Monday in January, 1995, and shall bear interest at the rah of percent per annum as set down by the adoption of this assessment readuttim To the fret instalment shall be added interest on the entire assessment from October 1st, 1994, until the 31st day of December, 1995. To each subsequent instalment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of die assessment to the Canty Auditor, pay the whole of the assessment on such property, with interest accrued to the doh of payment, to the City Treasurer, except that no interest shat be charged if the entire assessment is paid by the 1st day of October, 1994; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of Dec ember, of the year in which such payment is made. Such payment must be made before November 15th, or interest will be charged through December 31st, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended an the property tax Bats of the County, and such assessment shat be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 14th day of June, 1994. City Administrator RESOLUTION NO. 10242 RI LSOLUTION ADoFnNG ASSESSMENT ASSESSMENT ROLL NO. 292 LETTING NO.9 PROJECT NO.94 -l6PM -12194 _L"4 - 14194 - 1319416/9 - 1754 -26 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Project No. 94-10: Replace displaced and broken sidewalk in various areas of the City, Project No. 94 -12: City Center Parking Lot (11 I Hassan St SE) by construction of bituminous overlay and appurtenances; Project No. 94-13: Cheyenne Strad from Sanest Street to Cleveland Avenue by construction of bituminous overlay and appurtenances; Project No. 94-14: Park Island ]hive from McDonald Drive to South Termini by construction of bitrunmus overlay and appurtenances; Project No. 94-15: Arizona Strad from Carolina Avenue to School Road and Carolina Avenue from School Road to Arizona Street by construction of bitumnous wear course and a ppurteoances; and Project No. 94 -16: Sherwood Street and Elk Drive SE in Schr idtbauere 41h Addition - Phase 1 by construction of bilummons wear course and appurtenances; Project No. 94-17: 7th Avenue NW from Colorado Street to School Road by construction of bituminous wear course and appurtenances; Project No. 94-26: South Park Water Tower Access by oonsW ction of bituminous paving and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereK is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land theram included is hereby fond to be benefitted by the proposed improvement in the amount of the assessment levied against it 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the fret Monday in January, 1995, and shall bear interest at the rah of percent per annum as set down by the adoption of this assessment readuttim To the fret instalment shall be added interest on the entire assessment from October 1st, 1994, until the 31st day of December, 1995. To each subsequent instalment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of die assessment to the Canty Auditor, pay the whole of the assessment on such property, with interest accrued to the doh of payment, to the City Treasurer, except that no interest shat be charged if the entire assessment is paid by the 1st day of October, 1994; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of Dec ember, of the year in which such payment is made. Such payment must be made before November 15th, or interest will be charged through December 31st, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended an the property tax Bats of the County, and such assessment shat be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 14th day of June, 1994. City Administrator NO. 10243 RESOLUTION ACCEPTING BID AND AWARDING CONT'RACT' . LETTING NO.9 PROJECT NO. 94- 1ON4 -1 ?W 13N4- 14/9413N4- 16N4- 17N4 -26 WHEREAS, pursuant to an advertisement for bids for the improvement of. Project No. 94-I0: Replace displaced and broken sidewalk in various areas of the City, Project No. 94-12: City Center Parking Lot (111 Hassan St SE) by construction of bituminous overlay and appurtenances; Project No. 94 -13: Cheyenne Street from Sunset Street to Cleveland Avenue by construction of bituminous overlay and appurtenances; Project No. 94-14: Park Island Drive from McDonald Drive to South Termim by ocrstruction of bituminous overlay and appurtenances; Project No. 94-15: Arizona Street from Carolina Avenue to School Road and Carolina Avenue from School Road to Arizona Street by construction of bituminous wear course and appurtenances; and Project No. 94-16: Sherwood Street and Elk Drive SE in Schmidgmiers 4th Addition - Phase I by construction of bituminous wear course and appurtenances; Project No. 94-17: 71h Avenue NW from Colorado Street to Schad Road by construction of bituminous wear course and appurtenances; Project No. 94-26: South Park Water Tower Access by construction of bituminous paving and appurtenances; 0 and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement BIDDER AMOUNT BID Mid-Minnesota HotMnc of Annandale, MN 5144,768.10 Bauerly Bros. Co. of Sauk Rapids, MN 5152,039.97 Wm Moeller & Sens, Inc. of Hamburg, MN SI56,233.50 AND WHEREAS, it appears that Mid Minnesota HotMu of Annandale, MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Mid - Minnesota HotMhx, Inc. of Annandale, MN, in the name of the City of Hutchinson, for the improvement curtained herein, according to the Plans and Specifications therefor approved by the City Council and an file in the Office of the Director of Engineering. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successfid bidder shall be retained until satisfactory completion of the Contract Adopted by the Hutchinson City Council this 14th day of June, 1994. City Administrator .�h PUBLICATION NO. 4675 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 293 LETTING NO. 10 PROJECT No. 94- 18/94 - 19/94 -25 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 8:00 P.M. on the 14th day of June, 1994, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of: Project No.94 -18: Parkside 2nd Addition from McDonald Drive to Roberts Road; Project No. 94 -19: McDonald Drive from 140' West of Jackson Street to a point 750' West of Jackson Street; Project No. 94-25: Orchard Avenue, Bradford Street and Sherwood Street in Lots 1 thru 6 /block 3, Lots 1 thru 5 /Block 4 and Lou 1 and 2 /Block 5 in Schmidtbauei s 4th Addition - Phase 3; by construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1994. You may, at anytime thereafter, pay to the . City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is10 percent (plus or minus) per year. The right to partially prepay the assessment shall be until October 1st, 1994. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $393,165.87. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 0 3. The objector may be represented by counsel. �J� PUBLICATION NO. 4675 PAGE 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.051 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the • prescribed form for such deferral of payment of this special assessment on his property. _ y D.WIAIi Gary Plotz, City Administrloor City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, MAY 31, 1994 AND TUESDAY, JUNE 7, 1994. . 0 RESOLUTION NO. 10244 . RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 293 LETTING NO. 10 PROJECT NO. 94-18A449814-25 WFUMEAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of Project No. 94-18: Parkaide 2nd Addition from McDonald Drive to Roberts Road; Project No. 94-19: McDonald Drive from 140' West of Jackson Street to a point 75(7 West of Jackson Street; and Project No. 9425: Orchard Avenue, Bradford Street and Sherwood Street in Loa I thin 6/Block 3, Loft 1 diru 5/Block 4 and Lob I and 2/Block 5 in Schnudtbauers 4th Addition-Phase 3; by construction of storm sewer, sanitary sewer, sewer services, watermam, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCH NSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof; is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benelitted by the proposed improvement in the amount of the assessment levied against it 2. Such assessment shall be payable in equal annual installments extending over a period often (10) years, the fast of the installments to be payable on or before the fast Monday in January, 1995, and shall bear interest at the rate of is percent per annum as set down by the adoption of this assessment resdution. To the first installment shall be added interest on the entire assessment from October 1st, 1994, until the 31st day of December, 1995. To each subsequent installment when due, shall be added interest for one year an all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 1st day of October, 1994; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15th, or interest will be charged through December 31st, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Audior to be extended on the property tax lists of the County, and such assessment shall be collected and paid aver in the same manner as other municipal taxes. Adopted by The Hutchinson City Council it this 14th day of June, 1994. i.�Ct^7 0 City Administrator ,2 —Igh RESOLUTION NO. 10245 RESOLUTION ACCEPTING Bon AND AWARDING CONTRACT • LETTING NO. 10 PROJECT NO.94 -1094- 19/94 -25 WHEREAS, pursuant to an advertisement for bids for the improvement of Project No. 9418: Parkside 2nd Addition from McDonald Drive to Roberts Road, Project No. 9419: McDonald Drive from 140' Weal of Jackson Street to a point 750' West of Jackson Street; and Project No. 94 -25: Orchard Avenue, Bradford Street and Sherwood Street in Lots 1 thin 6/Block 3, Lots 1 thru 5/Block 4 and Lots 1 and 2Bkrck 5 in Sc micitbauers 4th Addition -Phase 3; by ometrcxAm of alarm sews, sa»itary sewer, sewer services, watermaio, water services, grading, gravel base, concrete curb and gutter, bitummwrs base, bituminous surf mg and appurtenances, end bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: BIDDER AMOUNT BID Randy Kramer Excavating, Inc of Wadanvs, MN $317,068.47 Juul Contracting Cooparry of Hutchinson, MN $323,588.25 Latour Construction, Inc. of Maple Lake, MN $323,676.55 Wm Mueller & Sons, Inc. of Hamburg, MN $329,428.85 AND WHEREAS, it appears that Randy Kramer ExcavatingWadons, MN, is the lowest responsible bidder. NOW THEREFORE, BE rr RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Randy Kramer Excavating, Inc. of Watkins, MN, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the Director of Engineering. 2. The City Administrator is hereby authorized and directed to term forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been aped, and the deposit of the successfid bidder shall be retained until satisfaclay corrgrletiao of the Contract Adopted by the Hutchinson City Council this 14th day of June, 1994. City Administrator 0 Mayor �c E 0 9 TO: Gary Plotz, City Administrat PROM: Steve Madson, Chief of Polic ^ DATE: June 1, 1994 RE: Out of State Travel I would like to request out of state travel authority for the following employees: Michelle Hammond- Johnson - to attend D.A.R.E. Parent Program Training Component to be conducted at the Illinois State Police Training Academy. This type of training is not available in Minnesota. Dick Waage - to attend the F.B.I. National Academy Associates Training Seminar in Sioux Falls, South Dakota. The thrust of this program will be on "Outlaw Motorcycle Gangs ". If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /lkg 94 -02 -0012 cry y travel wd3 1 -91 TRAVEL APPROVAL REQUEST FORM (Utilize this fore in all cases that --- Finance Dept. exceed one working day.) ___Department Head Attendee City File NAME: _ C K Wlwr t`' DEPARTMENT�Oe'_Cc __ ____ _ +-i -------------- DATE OF REQUEST: ------------------------- (7 Day Advance Notice) PURPOSE OF TRAVEL: iE1R�Jkiis+�- (JSiCK:c�3 ,�en,w, jrys (Name of Conference) -- --------------- ---- -- ---- --- -- ---- -� -- -- DESTINATION: ESTIMATED MILEAGE: OVERNIGHT STAY: ----------------------- -- S�)----------------- Yes t� No --- - - -- -- -- ESTIMATED TRAVEL COST: f__�i _ ________ / DATE LEAVING: l'Z3 "i'� _ DATE RETURNING: 7`27 9`! • BUDGET STATUS: / Above described was budgeted for this current year Yes i No Estimated amount of travel budget r ining ��Ocl �T before this request f --------------- - APPROVALS: City Director's Approval City Finance Director's Approval ------------------------------------ City Administrator's Approval ---------- ----- ---- -- ------- -- -- ---- CASH ADVANCE REQUESTS, IF ANY: (Minimum $100 - 7 day advance notice) 1 Amount Requested f_______ PayCheck to ------------------------------------------------- (Employee Name or Registration) PROVIDE THIS COMPLETED FORM ALONG WITH REGISTRATION FORMS TO FINANCE DEPT. - - - - - - - - - - - - - - - - - - - - . NOTE: Travel remains subject to Council adopted policies of June 10, 1966, and subsequent revisions. Contact -the City Administrator immediately if there are any questions. Travel requests to the City Council are no longer required as of November 25, 1996. i • CN pavw TRAVEL APPROVAL REQUEST FORM travel wd3 1 -91 (Utilize this fora in all cases that --- Finance Dept. exceed one working day.) ___Department Head ___Attendee City File NAME: ,M _�U&I a'"l�/� eh 6EPARTMENT ... ko DATE OF REQUEST: i%_�___________ (7 Day Advance Notice) r� PURPOSE OF TRAVEL: _T.r _ --------------------------------------- (Name of Conference) �y _L.IRf_t!d]f_._ _ -- ------------ DESTINATION: ESTIMATED MILEAGE: OVERNIGHT STAY: Yes _ No ESTIMATED TRAVEL COST: DATE LEAVING: 7_¢_C__ann0 >a�DATE RETURNING: ________________ ____ BUDGET STATUS: Above described was budgeted for this current year Yes ✓ No Estimated amount of travel budget remainin before this request --------------- - APPROVALS: City Director's Approval -- -- - - -- - --------------- -- - - - --- City Finance Director's Approval _____ _________________________ __ _ ___ I City Administrator's Approval _____ ____________ _____________ _ _ _ _ __ CASH ADVANCE REQUESTS, IF ANY: (Minimum $100 - 7 day advance notice) ' Amount Requested f )G -------------- Pay Check to _____ (Employee Name or Registration) PROVIDE THIS COMPLETED FORM ALONG WITH REGISTRATION FORMS TO FINANCE DEPT. NOTE: Travel remains subject to Council adopted policies of June 10, 1986, and subsequent revisions. Contact the City Administrator immediately if there are any questions. Travel requests to the City Council are no longer required as of November 25, 1986. • MCLEOD COUNTY CAPITAL IMPROVEMENT PROJECT McLeod County is proposing to construct an addition to the County Courthouse, renovate the existing Courthouse, expand its parking facilities, and reimburse its Road and Bridge fund for monies used to renovate the Glenhaven Nursing Home to house the Social Services and Public Health Departments. way IS THE PROJECT NECESSARY? * Population in McLeod County has increased 30% since 1958 * Population in McLeod County is projected to increase * 20% by 2010 Court caseload increased by 73% from 1982 to 1993 * Out of 87 Minnesota Counties, McLeod County ranks 26th in population, 12th for those sent to prison, and 19th for felony convictions. * Existing complex cannot meet projected space needs * Current facility does not provide secure movement of detainees from jail to courts ' * Existing Courthouse air handling system is inadequate * Accessibility problems exist at existing courthouse. * * Parking is inadequate Renovating Courthouse West fold community building) is not a feasible option • WHAT THE PROJECT WILL DO. * Provide courtroom space for court personnel to serve McLeod County to year 2010. * Provide facility expansion opportunities beyond 2010. * Provide secure and direct access of detainees from jail * to courtroom to assure public safety. Reorganize county departments for staff efficiency and * easy public access. Replace deficient air handling system with new environmentally appropriate system. * Expand parking system. * All areas will be made accessible to the handicapped to meet= the—Americans with Disabilities Act requirements HOW THE PROJECT WILL BE REALIZED debt service for Capital Equipment will be * The current paid in full by December 1994 * The proposed general obligation bonds and other project revenues will fully finance the project costs for the renovation and expansion of the Courthouse, renovation of Health and Human Services building, expansion of parking, and repayment of Road and Bridge funds * The debt service on this issue will replace and will not exceed the debt service on the issue being retired * The current interest rates are very favorable. • * Detailed financial information is available at the Office of the County Coordinator, phone k: 864 -1324. �— (3 May 21 , 1994 �� MgYi City of Hutchinson � Hassan St. Hutchinson, Minn. Att: Gary Plotz Subject "The Vanishing Street Light." Good Sir, for many many years when the power line crossed my property and went over my garage, we had a very faithful street light we think very comfortable placed in our area. For some mysterious reason when Utilities went underground with their cable, our faithful old light wandered about one -half block North. Consequently our area is now darker then seven coal bins. In fact,one can hardly find their anatomy with both hands,and good old Clinton Treichler, across the street -579 Hassan -must find it even more since he is on two crutches. Under any circumstances, do we want the good neighbors to our North to give up the faithful old light which they inherited from our area.After all the situation • has not been entirely without kindleness,a lady not involved suggested using her flashlight. I thought the offer noble but possibly of short duration. • I staggered across the street and had Clinton add his signature to mine in hope that you and our ?rind utilities add some illumination to this Hassan Street dilemma of, "The Wonderingg Street bulb." And in a bit more serious vain, Gary, There could be an accident. Respectfully yours, Emanuel Albrecht -576 Hassan -- /� l %JIG �fiZCG/tY� Clinton Treichler 579 Hassan -4 0611 J, �V _C: City of MEMORANDUM June 6, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Agreement with McLeod Cooperative Power Association Regarding Power Line Relocation for Airport Improvement Project Attached is a Relocation Agreement for the work related to removing overhead power lines • and installing underground power lines near the airport, along TH 15. This work is part of the Airport Improvements, and will be reimbursed through 90% federal funding. Costs for the relocation work are expected to run between $89,000 and $96,000. This would relate to a City cost of $8,900 - $9,600. This amount is higher than the original estimate included with the project due to requirements for federal wage rates, and EEO (Equal Employment Opportunity) and DBE (Disadvantaged Business Enterprises) program regulations. I will send a copy to City Attorney Anderson for review. cc: Barry Anderson, City Attorney . City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 -Printed on recycled paper - Police Services 10 Franklin Street SW �+ r Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax (612) 587 -6427 L� McLeod Cooperative Power Association May 19, 1994 John P. Rodeberg, P.E. Director of Engineering Hutchinson City Center 111 Hassan Street SE Hutchinson, Minnesota 55350 2522 Re: 1993 Airport Expansion Hutchinson Municipal Airport AIP No. 3 -27- 0042 -01 SAP No. 4304 -11 Commission No. 9946 Dear Mr. Rodeberg: Enclosed please find five (5) copies of the agreement between McLeod Cooperative Power Association (MCPA) and the City of Hutchinson for relocating to underground, the MCPA overhead power lines that are in the clear zone at the Southeast end of the airport, and for the new three phase service that is to be extended to the airport. This agreement has been sent to Jerry Petersen, Project Engineer for this construction, of TKDA, for his review and approval. He stated that the form of the agreement was acceptable to him. The agreement was subsequently presented to the MCPA Board of Directors and was approved by that Board at it's meeting on May 16, 1994. Please present this agreement to the Hutchinson City Council for approval at your earliest reasonable opportunity and have the appropriate authorized person sign all five copies once that approval is given. After the agreement is approved and the copies have been signed please return one copy to McLeod Cooperative Power Association, retain one copy for the City of Hutchinson, and contact Jerry Petersen of TKDA for instructions regarding the distribution of the other three copies. If you have any questions or comments about this agreement, please contact me at the Cooperative. Sincerely,, Darrel W. Beste Manager of Engineering Services /`� 5 1231 Ford Avenue, P.O. Box 70, Glencoe, Minnesota 55336 PHONE(612) 8643148 , a LEOG 9 RELOCATION AGREEMENT THIS AGREEMENT made this 16th day of May , 19 94 , by and between MCLEOD COOPERATIVE POWER ASSOCIATION, hereinafter referred to as "UTILITY ", and the CITY OF HUTCHINSON, hereinafter referred to as "CITY ", WITNESS THAT: WHEREAS, the CITY has begun a Hutchinson Municipal Airport Expansion project in which a CLEAR ZONE for approaching aircraft is called for at the Southeast end of the airport runway; and WHEREAS, a requirement of said CLEAR ZONE is that no overhead electrical distribution lines can remain within said CLEAR ZONE, and WHEREAS, the UTILITY owns and operates an overhead electrical distribution line with two three -phase circuits attached to single pole structures within the East Right -of -Way of Minnesota Trunk Highway No. 15, approximately 70 feet from the centerline of said Highway, and WHEREAS, 2520 feet of said line is within said CLEAR ZONE and must be relocated underground, at aproximately the same distance from the centerline of said Highway, through said CLEAR ZONE, and WHEREAS, the relocation of said line underground will require a crossing of McCuen Creek, a watercourse, designated as a protected watercourse by the Minnesota Department of Natural Resources, requiring a Protected Waters Crossing License from that agency, and WHEREAS, the service to the Hutchinson Municipal Airport will be converted from a single phase service to a three phase service and relocated for the Airport reconstruction project to the position shown in the attached drawing, labeled Exhibit A -1, and WHEREAS, the relocation of said overhead two circuit line and service must be done during the 1994 construction season. NOW, THEREFORE, IT IS AGREED: ARTICLE I - The UTILITY, in consideration of the terms and conditions set forth WILL: I , OBTAIN the necessary Protected Water Crossing License from . the Minnesota Department of Natural Resources, I , 0 0 OBTAIN the required Utility Permit from the Minnesota Department of Transportation for construction of the aforementioned underground electrical distribution lines within State Highway Right -of -Way, RELOCATE its facilities underground, together with all appurtenances thereto, from Station 1118 +20 to Station 1143 +40, as shown on the plans which are made a part hereof and which are attached hereto, marked Exhibit A -2, in accordance with applicable codes and the following terms and conditions: PERFORM all work to the satisfaction of the Minnesota Department of Transportation, the Minnesota Department of Natural Resources, and the Project Engineer for the Hutchinson Municipal Airport Expansion, hereinafter referred to as the "Project Engineer ", before final payment is made for the work by the CITY. PERFORM all work under the Agreement in compliance with the following: the Civil Rights Act of 1964, as set forth in the attached Exhibit B; the DBE Requirements as set forth in the attached Exhibit C; the Equal Employment Opportunity Requirements as set forth in the attached Exhibit D, including, giving or posting notices in accordance with the Equal Employment Law as set forth in the attached Exhibit E, and, in addition, to give or post the following, as set forth in Exhibit F: Notice to Prospective Federally Assisted Construction Contractors, Notice to Prospective Subcontractors of Requirements for Certification for Nonsegregated Facilities, and Certification of Nonsegregated Facilities; the Davis Bacon Requirements, as set forth in Exhibit G, including those requirements in 29 CFR Part 5; the Airport and Airway Improvement Act of 1982, Section 515, as set forth in Exhibit H; the Termination of Contract provisions, as set forth in Exhibit J. COMMENCE its relocation only after receipt of a properly executed copy of this Agreement from the CITY. The work shall not be performed until the proper permits and licenses have been obtained and a relocation time schedule is mutually agreeable between the UTILITY and the CITY. The relocation work shall be coordinated with and under the direction of the Project Engineer. STAKE within the limits of the existing trunk highway right of way the location of the proposed facility and have such location approved by the Minnesota Department of Transportation prior to actual construction. PERFORM the relocation of the service to the Hutchinson . Municipal Airport as shown on Exhibit A -1, and the relocation of - the two circuit line as shown on Exhibit A -2, for the herein agreed upon maximum lump sum cost of Eighty -nine Thousand Dollars ($89,000.00), with the condition that the Minnesota Department of Natural Resources grant the McCuen Creek crossing license with approval of a crossing method using surface excavation. If a guided boring method of crossing is required by the Minnesota Department of Natural Resources the maximum lump sum cost will be increased by Seven Thousand Dollars ($7,000.00) to a total maximum lump sum cost of Ninety -six Thousand Dollars ($96,000.00). UPON completion of all work under this agreement, shall furnish the CITY with two copies of a statement of the herein agreed applicable lump sum, signed by an officer of the UTILITY. THEREAFTER upon completion of such relocation, maintain such facilities at its own expense. INDEMNIFY, save, and hold harmless, the CITY and all of its agents and employees of and from any and all claims, demands, actions, or causes of actions of whatsoever nature or character arising out of or by reason of the execution of this Agreement or the performance or nonperformance of the work to be performed by the UTILITY provided for herein and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder by virtue of the execution, performance or nonperformance of the work to be performed by the UTILITY as provided for herein. The UTILITY, as part of this Agreement, does provide the following: Certification of Nonsegregated Facilities, as set forth in Exhibit K; Certification Rekarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 49 CFR Part 29, as set forth in Exhibit L. ARTICLE II - THE CITY'S OBLIGATION THE CITY, upon being furnished satisfactory proof that said facilities, together with all appurtenances thereto, have been relocated to the satisfaction of the Project Engineer, and in accordance with applicable codes, WILL: REIMBURSE the UTILITY the herein applicable agreed upon lump sum subsequent to receipt of two signed copies of the invoice. 0 . IT IS FURTHER AGREED, that the payment of such : *s as are provided for above shall be settlement in full of any and all damages, demands, claims, actions or causes of action of any kind or nature whatsoever, that may arise out of the relocation of the UTILITY'S facilities, and shall constitute payment in full. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by persons duly authorized to do so and their corporate seals to be hereto affixed. Attesi W ^TVnn COOPERATIVE POWER ASSOCIATION (SEAL) 0 By Lester Ranzau Title President Date May 16, 1994 . Attest: CITY OF HUTCHINSON (SEAL) • Lin Title Date WIND _CONE/ SEGMENTED CIRCLE A. W.O.S.- JJRPORT BEACON - 7 JD EXTEND r � •: Ei�Nv� P ' r _ —1 EXHIBIT A -1 DITCH 0 2 r t' 425 cABLE \\ e� �e IJFW 34)45�k \ SERVIc$ ro IIa A-WoRr — 1% e 1 POLE Ar STA J16'9 *So ON srAre 1i1GAWAy #/s N I�� i i ri 'r I 'r r� u� i1 11 I li it x C� T, PROPOS OF C.S. 0 TATE HIGHWAY 15 UADEA r eovkbf CABLE 7I:4mj,VA770N POINT- SM !!lff4 f4> A&� l DITCH EXHIBIT A -2 WETLAND MITIGATION= DITCH i II ' "RECONSTRU, RUNWAY 15 WIND EL. i REM i �G p`.9 vet 1 1 � 1 1 r x UND6RGRovNO C.A ELP MERGAOUNO GABLE 7r- R/AjNA770N PmNr -sm 1143' R RourE RECONSTRUCT EXIST! TAXIWAY AND APRON I V EXISTING RUNWAY PROTECTION ZONE 500' x 2.000` x 1'100- -- I 40:1 APPROACH SURFACE i ! u &c.r Fu i}q -56D .A peon 245 247 247 247 247A 10, T.E. - _- - - -- - - uNDERGRouNo ouN0ER6Ro��►D OVE A;f-AO UN — ___ REI ocA%poR + 71EAM�KAn.K ro REMAIN Rou t F POINT n t+] zw M 246A .246A H y d:00 � %D O N • y i • ----------------- -- 730' ----------------------------------- 100' F -------- --- 730' -- _.______- vNOFR4R�N0 - - - - -- AfcocATION Rom 245 3:1 30, - -_ -_ '` , 100'• __ - - _t 20' 3.1 0� °zx HH H W 244 My • d� • N oTA New' —� N. K �I ;< x 0,07 AG N � r, -J W c0 0 t0 p7 to W to a to SIGN Ti 0' , . 75' 75' . ovfAdEAD 4MNE uxDtAGRouND uR0 RGRovx, Tv "MAIN rC-AMl ArlOm RftotATMON . _ Po/NT aDVTE ' 1 ;q �u R� N ASE � lop I - 100' zz °x HN Z °H° a H W r -1 �i EXHIBIT B CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CON;RAC:UAL REQUIREMENTS 'VERSION 1, 1/5/90) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the -contractor-) agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (F =;) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. where any information required of a contractor is in the exclusive possession of another whc fails or refuses to furnish this information, the contractor s ^all so certify to the sponsor or the FAA, as appropriate, and shal_ set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractors noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions 0 E ' 1 LJ EXHIBIT B CONTINUED as it or the FAA may determine to be appropriate, including, but not limited to: a, withholding of payments to the contractor under the contract until the contractor complies, and /or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event s threatened with, a contractor becomes anvolved in, or i litigation with a subcontractor or supplier,as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. EXHIBIT C DBE REQUIRED STATEMENTS - 49 CFR PART 23 (VERSION 2. 4/23/90) Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT- assisted contracts. EXHIBIT D • EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60- 1.4(b) (VERSION 1, 1/5/90) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, -but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the • contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. . 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, EXHIBIT D CONTINU. . terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the. administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. • • EXHIBIT E • NOTICES TO BE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE - 41 CFR PART 60- 1.4(b) (VERSION 1, 1/5/90) Equal Employment Opportunity is the Law - Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No. 11246 Title VII of the Civil Rights Act of 1964 - Administered by: The Equal Employment opportunity Commission Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 25 or more employees, by Labor Organizations with a hiring hall of 25 or more members, by Employment Agencies, and by Joint Labor - Management Committees for Apprenticeship or Training. Any person Who believes he or she has been discriminated against should contact: The Office of Federal Contract Compliance Programs U.S. Department of Labor 40 Washington, D.C. 20210 EXHIBIT F NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS - 41 CFR 60 -1.8 (VERSION 1, 1/5/90) 1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally- assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NONSEGREGATED FACILITIES 1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt froth tlhe provisions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt froth the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $10,000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE) CERTIFICATION OF NONSEGREGATED FACILITIES The federally- assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not pennit his employees to perform their services at any location, tinder his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not pen-nit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally- assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. . As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other EXHIBIT F CONTINU. storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally - assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. e 0 F-1 L EXHIBIT G DAVIS BACON REQUIREMENTS - 29 CFR PART 5 (VERSION 2,4/23/90) (1) Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification cf work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rates specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is perfonmed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determinations; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage detennination. • (B) If the contractor and the laborers and - mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree EXHIBIT G CONTINU. on the classification and wage rate (including the amount designated for fringe • benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Deparunent of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140). (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a detennination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. ( Approved by the Office of Management and Budget under OMB Control Number 1215- 0140). (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is perfonned in the classification. • (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by die Office of Management and Budget under OMB Control Number 1215- 0140). (2) Withholding. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or pan of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the . suspension of any further payment, advance, or guarantee of funds until such violations have ceased. EXHIBIT G CONTINU. • (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registrati on of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215- 0017). (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph 5.5(a)(3)(i) above. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029- 005- 00014 -1), U.S. Government Printing Office, Washington, D.C.20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0149). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under paragraph (3) (i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the -full wages earned, other than pemussible deductions as set forth in Regulations 29 -CFR Pan 3; EXHIBIT G CONTINU. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Fonn NiIH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (ii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owper, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to snake such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetennined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually perfonned. In addition, any apprentice performing work on the job site in excess of the ratio pennitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage detenmination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable EXHIBIT G CONTINU. apprentice classification, fringes shall be paid in accordance with that detemtination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be pennitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by fonnal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than pennitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits to accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which p>;ovides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage detennination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage detenttination for the work actually perfonned. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Pan 30. (5) Compliance With Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Pan 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination: Debarment. A breach of the contract clauses in paragraph (1) through (10) of this section and paragraphs (1) through (5) of the next section below may be grounds for termination of the contract, and for the debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. EXHIBIT G CONTINU. (8) Compliance With Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Depatument of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contactor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or finn who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. • EXHIBIT G CONTINU. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS - 29 CFR PART 5 (VERSION 1, 1/5/90) (1) overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set,forth in paragraph 1 above, the contractor or any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and . guards, employed in violation of the clause set forth in paragraph 1. above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. (3) Withholding for Unpaid wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower • tier subcontractor with the clauses set forth in paragraphs 1 through 4. EXHIBIT G CONTINU. . (5) Working Conditions. No contractor or subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. EXHIBIT G COLTIN. MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES STATE FUNDED CONSTRUCTION PROJECTS -FOR- - THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE --------------------------------- CONSTRUCTION TYPES HIGHWAY AND HEAVY COUNTYs 43 MCLEOD EFFECTIVE: 920720 THIS PROJECT IS COVERED BY MINNESOTA PREVAILING WAGE STATUTES. WAGE RATES LIST BELOW ARE THE MINIMUM HOURLY RATES TO BE PAID ON THIS PROJECT. LABOR CLASSES "( LISTED BELOW HAVE NO RATE DETERMINED DUE TO LACK OF INFORMATION. ALL HORS EXCESS DA1 PAID AND ONE HALFR( /At2)7DTIMESYTHEOBASICRHOPAR RATE. VIOLATIONS SHOULD BE REPORTED TO THE DEPARTMENT OF TRANSPORTATION, OFFICE OF CONSTRUCTION, TRANSPORTATION BLDG, JOHN IRELAND BLVD, ST PAUL, MN 55155 612 -297 -5716. ' • INDICATES THAT ADJACENT COUNTY RATES WERE USED FOR THE LABOR CLASS LISTED. EFFECT BASIC FRNG TOTAL LABOR CODE AND CLASS r DATE �_ ---- RATE - ---_ RAT- ___- RATE - - -- -- ----- ----- ---- - - --- 101 LABORER, COMMON (GEN LABOR WRK) 920720 930501 10.90 11.05 2.75 3.20 13.5` 14.2: 102 LABORER, SKILLED (ASST-CRPT JRNY 920720 930501 11.05 11.20 2.75 3.20 13.81 14.4( 103* LABORER, LANDSCAPING 920720 6.00 0.00 6.0( 920720 8.00 2.00 10.01 104 FLAGPERSON 107* PIPELAYER (WATER, SEWER & GAS) 920720 930501 11.35 11.50 2.75 3.20 14.1f 14.71 201* AIR COMPRESSOR OPERATOR 920770 11.20 0.00 11. 2t 202 ASPHLT, BTMNOUS STBLZR OPERATOR 920720 10.00 1.95 11.91 203 DRGLN /SMLR EQMT W /SHV CONTROLS 920720 13.00 1.00 14.0( 204 BTMNOUS SPREADER & FINISHER 920720 930501 16.86 17.16 4.65 5.35 21.53 22.53 205 BTMNOUS SPREAD & FINISHER HELPER 930501 14.59 5.35 19.94 207* CONCRETE DIST,SPRDR,FINISHER 920720 930501 14.29 14.59 4.65 5.35 18.94 19.94 209 CRUSHER,WASHER,SCREEN OPERATOR 920720 10.50 2.00 12.50 920720 16.86 4.65 21.51 210* CURB MACHINE 930501 17.16 5.35 22.51 - -- E -2 o %. a LAtl1D11 li u. MINNESOTA -`• � Decision Number -- �-wunty • -HC LEOD I43} CoNTiNU 9 �_ hi i/ - 6100 72, .- a I 4 4 0 ■ a r _ July 201 1992 Daie of Deolalon w Expires / HEAVY 6 HIGHWAY CONSTRUCTION 10/16/1991 -- SUMN2047A BASIC FRINGE HOURLY B$NEFITS RATE 1.27 CARPENTERS 6.54 6 LABORERS, Unskilled POWER EQUIPMENT OPERATORS: 8.19. Asphalt Distributor 7.85 Asphalt Plant 10.32 1.40 Backhoe 7.94 .51 Crushing & Screen Op. 8.5� ,55 Front End Loader 9.02 .55 Mechanic 7.15 .26 Motor Patrol 8.52 .55 Roller- Finish 9,00 Tractor w /Powerstake 6.86 Tractor Operator 9,65 Truck Crane Operator 9,00 Turnapull TRUCK DRIVERS: _. 7.21 .26 Tandem & 3 Axles 7.85 .51 4 Axles WELDERS: Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the after award only scope of the classifications listed in the labor standards may be added contract clauses (29 CFR as provided 5.5(a) l(ii)). , APPRENTICE 3RD YEAR $15.68 $14.20 $15.05 $13.95 $14.72 $14.58 APPRENTICE 4TH YEAR $16.35 $14.87 $16.07 $15.81 $15.78 $15.44 M W H H G1 A Ox H t-i S 1994 WAGE SURVEY FOR LINE WORKER POSITIONS AND MECHANICS FOR SEVERAL COOPERATIVESTHAT BORDER MCPA HOURLY WAGE RATES FOR POSITIONS COOPERATIVE LINE CREW JOURNEYMAN APPRENTICE APPRENTICE FOREMAN FOREMAN LINEMAN 1ST YEAR 2ND YEAR COOPERATIVE 0 1 $18.89 $17.92 $17.01 $14.35 $15.02 COOPERATIVE 92 $16.74 $16.74 $16.08 $12.86 $13.53 COOPERATIVE 6 3 $17.89 $17.89 $17.37 $13.03 $14.04 COOPERATIVE N 4 $17.94 $17.60 $17.09 $10.25 $12.10 AVERAGE $17.87 $17.54 $16.89 $12.62 $13.67 MCLEOD COOPERATIVE $18.42 $18.01 $17.15 $12.86 $13.72 POWER ASSOCIATION FRINGE BENEFITS VARY AT THE SEVERAL COOPERATIVES AND ALSO BETWEEN THE DIFFERENT POSITIONS AT A GIVEN COOPERATIVE BUT ARE GENERALLY ABOUT 30 -35% OF THE WAGE FOR A GIVEN POSITION. APPRENTICE 3RD YEAR $15.68 $14.20 $15.05 $13.95 $14.72 $14.58 APPRENTICE 4TH YEAR $16.35 $14.87 $16.07 $15.81 $15.78 $15.44 M W H H G1 A Ox H t-i EXHIBIT H • AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 515 VETERAN'S PREFERENCE (VERSION 1, 1/5/90) In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 0 EXHIBIT J • TERMINATION OF CONTRACT - 49 CFR PART 18 (VERSION 1, 1/5/90) 1. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsors convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. 2. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 3. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. ' 4. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. • 5. The rights and remedies of the sponsor provided in this clause are in addition to any - other rights and remedies provided by law or under this- contract. E EXHIBIT K CERTIFICATION OF NONSEGREGATED FACILITIES McLeod Cooperative Power Association certifies that it does not maintain or provide, for its employees, any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. McLeod Cooperative Power - Association certifies that it will not maintain or provide, for its employees, segregated facilities at any of its establishments and that it will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. McLeod Cooperative Power Association agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. McLeod Cooperative Power Association agrees that (except where it will obtain identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in its files. 0 EXHIBIT L CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - CFR PART 29 (VERSION 1, 1/5/90) McLeod Cooperative Power Association certifies, by submission of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where McLeod Cooperative Power Association or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this proposal. r� L J . C MEMORANDUM June 6, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Consideration of Change Order No. 1 Letting No. 1 /Project No. 92 -16 (AIP 3 -27- 0042 -01) • Municipal Airport Improvements Attached is a copy of the above referenced Change Order. It calls for a credit of $3,987.50 due to material not meeting all specifications. Braun Intertec, the City testing company, has confirmed that the material will create a negligible loss in stability to the area, and recommended accepting the material. TKDA then negotiated the cost reduction based on Mn/DOT standards. We recommend approving the Change Order with Mathiowetz Construction Company as noted. City Center III Hassan Street SE Hutchinson, MN55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 - Printed on ren -sled paper Police Services 10 Franklin Street SW 9 n I� Hutchinson, MN 55350 -2469 (6I2) 587 -2242 ' Fax (612) 587 -6427 CHANGE ORDER 1. Reduce the unit price to be paid for Bid Item No. 51 -4 by 50 cents per cu.yd. The material supplied did not meet project specifications for gradation but was judged to be suitable material for its intended use. Net Credit: 7,975 cu.yd @ $0.50 = $3,987.50 4. J The foregoing is in accordance with your contract dated January 6. 1993 and the aforementioned change, and the work affected thereby is subject to all contract stipulations and covenants. APPROVED: CITY OF HUTCHINSON TOLTZ, KING, DUVALL, ANDERSON 6 ASSOC 0 ACCEPTED: Mathiowetz Construction, Inc. CHANGE ORDER NO._ 1 AIRPORT - -- COMMA 9946 _ AIP 3 -27 -_ 0042 -01 Hutchinson Municipal SAP 4304 -11 Airport LL 1 0, nATR SPONSOR SPONSOR'S ADDRESS DATE PREPARED AMOUNT OF CONTRACT city of Hutchinson City Center 5 -04 -94 $2,176,930.20 Hutchinson 111 Hassan Street S.E. Hutchinson, MN 55350 CONTRACTQ CONTRACTOR'S ADDRESS COMPLETION DATES Mathiowetz Rte 2 CONTRACT: REVISED: Cons r ruction Co Sleepy Eve MN 56085 189 Calendar Days 1. Reduce the unit price to be paid for Bid Item No. 51 -4 by 50 cents per cu.yd. The material supplied did not meet project specifications for gradation but was judged to be suitable material for its intended use. Net Credit: 7,975 cu.yd @ $0.50 = $3,987.50 4. J The foregoing is in accordance with your contract dated January 6. 1993 and the aforementioned change, and the work affected thereby is subject to all contract stipulations and covenants. APPROVED: CITY OF HUTCHINSON TOLTZ, KING, DUVALL, ANDERSON 6 ASSOC 0 ACCEPTED: Mathiowetz Construction, Inc. APPROVED: MnDOT AERONAUTICS BY 4' TITLE, LL 1 0, nATR r7 9v APPROVED: MnDOT AERONAUTICS BY 4' C E CALL CONCEPTS inc. 2025 CENTRE POINT BOULEVARD #310, MENDOTA HEIGHTS, MN 55120 May 31, 1994 Ms. Patrice Vanderveen City of Hutchinson 111 Hassan Street, S.E. Hutchinson, MN 55350 Dear Ms. Vanderveen: As you may or may not be aware, the Microbilt printer you have been using has been covered under a maintenance agreement with One Call Concepts, Inc. Basically put, the support you receive when you call the Gopher State One -Call office regarding problems with your equipment has been provided because of this maintenance agreement. If you wish to continue receiving this support, you must execute the enclosed Support Agreement. Please be advised that if you opt not.to continue your maintenance agreement, One Call Concepts will not be able to provide you assistance in reconciling any problems you may have with this equipment. As you will note, the maintenance price quote is an annual amount. It will be billed in a lump sum if you decide to continue the coverage. Your maintenance coverage expires on June 2, 1994. Please let me know prior to that date whether or not you intend to continue the maintenance contract by returning either the executed contract or waiver. If you have any questions or need further clarification regarding this matter, please do not hesitate to contact me. Sincerely, Rob Galezewski General Manager jaw • Enclosure • ONE CALL CONCEPTS, INC. 2025 CENTRE POINTE BOULEVARD 1310 MENDOTA HEIGHTS, MN 55120 612 - 454 -8449 Support Agreement with City of Hutchinson 111 Hassan Street, S.E. Hutchinson, MN 55350 612 - 587 -5151 SCOPE OF AGREEMENT It is the intent of this Agreement that One Call Concepts, Inc., hereinafter referred to as "OCC," will maintain the products covered hereunder in good operating condition and be responsive to Buyer's maintenance needs subject to the following terms and conditions. TERM OF AGREEMENT is The term of this Agreement shall be from June 2, 1994, through June 1, 1995. -- OCC'S RESPONSIBILITIES OCC will provide verbal consultation to the Buyer relative to any required clarification of OCC's user manuals; or to provide information on any aspect of the product's functionality; or to discuss any requested enhancement or modification to the product between the hours of 1:00 and 4:00 p.m., based on the time prevailing in Mendota Heights, MN. Any such consultation which occurs outside of this timeframe is not covered by this Agreement and is, therefore, billable at $60.00 per hour, with a one hour minimum charge with 15 minute billing increments thereafter. OCC will provide remedial maintenance when notified by the Buyer that the product is not functioning in accordance with OCC's established operating specifications. Such notifications can be made at any time between the hours of 8:00 a.m. and 5:00 p.m., based on the time prevailing in Mendota Heights, MN. Initial response time (the time between Buyer's notification and OCC personnel's first response to ascertain the nature of the problem) to Buyer's request for remedial maintenance shall be within four business hours from the time the request is made to • OCC. - - - Support Agreement 9 , LT. 0 \_ J L J Page 2 OCC will make available to the Buyer any revision or enhancement which becomes a standard part of the product. OCC will also make available to the Buyer any corresponding revisions to the appropriate user manuals. REMEDIAL MAINTENANCE Upon receiving a request from the Buyer for remedial maintenance, OCC shall respond in any of the following manners: 1. Provide verbal instruction to the Buyer to resolve the problem. 2. Communicate remotely with the software /hardware via a compatible telecommunications link. 3. Dispatch a Software Support Technician to Buyer's location for on -site diagnostics. After evaluating the Buyer's request for remedial maintenance, OCC shall provide the buyer with one or more of the following responses: 1. Perform an interim or permanent fix to the problem. 2. Attempt to replace the defective software or part via an overnight shipping service. 3. Advise the buyer that the malfunction is not reproducible and to recontact OCC when and if the problem reappears. 4. Advise the Buyer that the problem is the result of user error. 5. Advise the Buyer that a condition exists which is external to OCC's products and, therefore, is not OCC's responsibility. In the event that OCC responds to the Buyer's request for remedial maintenance in accordance with items four or five above, OCC's support for that occurrence shall be considered outside of the services provided under this Agreement and, at OCC's discretion, any such support shall be billable at $60.00 per hour, with a one hour minimum charge with 15, minute billing increments thereafter. Support Agreement Page 3 In the event that OCC responds to the buyer's request for remedial maintenance in accordance with items one or two above, OCC shall pay for delivery shipping and Buyer shall be responsible for return shipping when necessary. BUYER'S RESPONSIBILITIES Buyer agrees to pay OCC $225.00 per year for services provided under this Agreement in accordance with the purchase agreement between OCC and Buyer dated June 2, 1994. Buyer agrees to provide and maintain telephone service and appropriate equipment for use by OCC in establishing a remote communications link. Responsibility for expenses incurred by OCC in performing such a remote communications link will be borne by the City of Hutchinson. Where OCC and Buyer deem it necessary for OCC personnel to be dispatched to Buyer's location, Buyer agrees to reimburse OCC for the actual costs of the technician's transportation, lodging, meals, and related portal -to- portal subsistence expenses. Buyer further agrees to provide, at no charge to OCC, full access to the items covered under this Agreement; adequate working space; and use of any machines, attachments, features, or equipment necessary for the specified maintenance services. Buyer agrees to assist in the installation of any items shipped to the Buyer by OCC. (See OCC's responses to Remedial Maintenance.) Buyer agrees to obtain updates, revisions, and enhancements to any software, firmware, or hardware not provided by OCC but utilized in conjunction with the products provided by OCC when, in OCC's reasonable opinion, such upgrades are required to maintain those items covered under this Agreement. NOTIFICATION Buyer agrees to notify OCC for matters that are covered herein utilizing the following contact phone number: 612 -454- 8388 or via written correspondence addressed to: One Call Concepts, Inc. 2025 Centre Pointe Boulevard 1310 Mendota Heights, MN 55120 Support Agreement Page 4 SELECTED COVERAGE This Agreement covers the following OCC products: Microbilt printer, model MB6132 GENERAL With respect to the movement of any product to a new location, OCC reserves the right to protect the product's integrity which includes, but is not limited to, proper backup of software prior to the product's movement and reinstallation. OCC shall not be obligated to provide support should such support be required because of any modifications made or attempted to OCC's product(s) by other than OCC's designated support technicians. Furthermore, any such modification, either performed or attempted, shall immediately terminate this Agreement in its entirety and terminate the right to use the product. Enhancements or modifications requested by the Buyer are not included under this Agreement. Such modifications are available on a time and material basis. Neither this Agreement, nor any rights hereunder, may be assigned or otherwise transferred by Buyer without prior written approval from OCC. EXCLUSIONS OCC's obligation to provide maintenance services covered in this Agreement is contingent upon the proper use of all OCC products. OCC shall not be obligated to provide maintenance because of failure of the buyer to provide a suitable operating environment or use of operating supplies which do not meet OCC's specifications. LIMITATION OF LIABILITY OCC will not be liable for any special, indirect, or consequential damages hereunder including, but not limited to, the loss of data or information of any kind, profits, use of products, however caused. OCC will not be liable for any failure or delay in performance due in whole or in part to any cause . beyond the reasonable control of OCC. Support Agreement Page 5 ENTIRE AGREEMENT This Agreement represents the entire agreement between OCC and Buyer, superceding all prior maintenance agreements previously entered into. If any provisions of this Agreement are declared void or voidable, such provisions shall be deemed severed from this Agreement which shall otherwise remain in full force and effect. WAIVER No waiver of a breach of any provision of this Agreement by either party shall constitute such party's waiver of any other breach. HEADINGS Paragraph headings and other headings herein are for convenience only and shall not constitute a part of this Agreement. One Call Concepts, Inc. Buyer Signature Signature Title Title Date Date CCOE CALL CONCEPTS, inc. 2025 CENTRE POINTE BOULEVARD #310. MENDOTA HEIGHTS, MN 55120 SUPPORT AGREEMENT WAIVER I have been offered a support agreement for the receiving equipment I have purchased from One Call Concepts, Inc. I have reviewed this document and do not choose to enter into this contract. I am aware that by not entering into this agreement, no support for this equipment will be rendered by One Call Concepts, Inc. Company Signed • Title grim 11 MINNESOTA DIVISION 612 -454 -8449 • MEMORANDUM TO: Gary Plotz, City Administra FROM: Steve Madson, Chief of Polic 1 DATE: June 7, 1994 RE: Parking Restrictions - Hilltop Drive In reviewing the request for parking restrictions on Hilltop Drive I believe that the erection of "No Parking" signs will solve the current problem. It appears that the problem is associated with a zoning ordinance violation on the part of Bill Breitkreutz at 664 Hilltop Drive. He is operating a roofing business at his residence. Therefore, at this time I feel pursuing the zoning violations may rectify the problems at this location. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. • /lk4 94 -02 -0013 • 9 -P- 0 C - MEMORANDUM June 7, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Consideration of Purchase of Land for Otter Lake Crossing (Cedar Mills Rod and Gun Club /Parcel B) Letting No. 4 /Project No. 94 -04 As previously noted to the Council, we have proposed to purchase the lot owned by the Cedar Mills Rod & Gun Club located on the north side of South Grade Road adjacent to Otter Lake. This lot would be utilized for construction of the sanitary sewer and watermain crossing, trunk storm sewer outfall, and lift station for the above referenced project. This parcel is needed due to the physical constraints in the area of the work. Robinson Land Appraisals, under contract with the City, appraised the lot at $17,500. Attached is a letter from the Gun Club requesting $20,000 for the parcel. We propose to purchase the lot as part of the project, with funding coming from Project Improvement Bonds. We request that the Council consider approving the purchase of the parcel City Center 111 Hassan Street SE Hutchinson, MN55350 -2522 (612) 587 -5151 Fax (612) 234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax (612) 234 -4240 . A,n roA nn w. -�IrA nn nn.. Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 �,4E I (612) 587 -2242 Fax (612) 587.6427 May 31, 1994 Mr. John Rodeberg CITY OF HUTCHINSON 211 South Hassan Street Hutchinson, MN 55350 RE: Parcel E (Cedar Mills Rod & Gun Club) Dear Mr. Rodeberg: The Cedar Mills Gun Club board held a meeting on May 25, 1994 to discuss the asking price for Lot One (1), Maryview First Addition owned by said club. As you recall, a month ago we set the asking price at $25,000. An appraisal was recently done on the property. In comparison to a similar property recently sold in this area, the appraiser came up with a valuation of $22,000 minus 20°1. It is our opinion that the property is worth $20,000. The board has asked me to contact you and indicate our sale price. The City would also be asked to pay all closing costs. This lot provides an excellent location for the City's utility crossing. This is a highly saleable parcel of land as lake frontage commands a premium price. Since the lot provides such an ideal location for the City's needs, we believe this is a fair and equitable asking price. Please contact me at 587 -5353 with your reply, or write to me at 108 Oakland Avenue, Hutchinson. Thank you for your time and consideration. Lloyd Schlueter Treasurer CEDAR MILLS GUN CLUB • 9 -jc Mr. Kenneth Merrill Finance Director City of Hutchinson 111 Hassan Street South Hutchinson, MN 55350 DOBSEY & WHITNEY A P.m Lavnno PaoR��mvu. Cauo�ney� PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 (612) 340 -2600 Fd (612) 340 -2868 Re: Prince of Peace Dear Ken: JEROhM P. GIIJIGAN (61A 5462982 June 9, 1994 ROCHESTER, MN BILLINGS GREAT FALLS MISSOULA DES MOINES FARGO Enclosed is a resolution calling for a public hearing on July 26th on a Housing Plan for the City and a Program under the Housing Plan related to the issuance of revenue bonds by the City to finance the Prince of Peace project. Also enclosed is a draft of a Housing Plan I put together based on information supplied to me by Jean Ward. To be attached to and incorporated in the Housing Plan is the June 1993 Maxfield Report prepared on behalf of the HRA. I am waiting for some information on the Prince of Peace project from Dick Lennes which I need to prepare the public hearing notice. Once I receive this information I will forward the form of notice to you for publication. JPG:cmn Enclosures Please call me with any questions or comments you may have. Yours truly, Jerome P. Gilligan 9 -F NEW YORK WASHINGTON, D. C. DENVER ORANGE COUNTY, CA LONDON BRUSSELS Mr. Kenneth Merrill Finance Director City of Hutchinson 111 Hassan Street South Hutchinson, MN 55350 DOBSEY & WHITNEY A P.m Lavnno PaoR��mvu. Cauo�ney� PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 (612) 340 -2600 Fd (612) 340 -2868 Re: Prince of Peace Dear Ken: JEROhM P. GIIJIGAN (61A 5462982 June 9, 1994 ROCHESTER, MN BILLINGS GREAT FALLS MISSOULA DES MOINES FARGO Enclosed is a resolution calling for a public hearing on July 26th on a Housing Plan for the City and a Program under the Housing Plan related to the issuance of revenue bonds by the City to finance the Prince of Peace project. Also enclosed is a draft of a Housing Plan I put together based on information supplied to me by Jean Ward. To be attached to and incorporated in the Housing Plan is the June 1993 Maxfield Report prepared on behalf of the HRA. I am waiting for some information on the Prince of Peace project from Dick Lennes which I need to prepare the public hearing notice. Once I receive this information I will forward the form of notice to you for publication. JPG:cmn Enclosures Please call me with any questions or comments you may have. Yours truly, Jerome P. Gilligan 9 -F RESOLUTION NO. 10246 . RESOLUTION CALLING FOR A PUBLIC HEARING ON A HOUSING PLAN FOR THE CITY OF HUTCHINSON AND ON A PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT BE IT RESOLVED by the City Council of the City of Hutchinson (the "City"), as follows: 1. Recitals. It has been proposed that the City adopt a Housing Plan (the "Housing Plan ") pursuant to Minnesota Statutes, Chapter 462C (the "Act"), and that to provide for the financing of a multifamily housing development to be constructed by Prince of Peace, the City adopt a program (the "Program ") under the Act. Under the Act the City is required prior to adoption of the Housing Plan and Program to submit the Housing Plan and Program to the Regional Development Commission for the City (the "Regional Development Commission ") for review and comments, and to hold a public hearing on the Housing Plan. 2. Public Hearing. A public hearing on the Housing Plan and the Program is hereby called and shall be held on July 26, 1994 at 7:30 o'clock P.M. in the Council Chambers at the Hutchinson City Center. The City Administrator shall cause notice of such public hearing to be published in the Hutchinson Leader once not less than 30 days prior to the date fixed for the public hearing, and prior to the publication of such notice shall submit the draft of the Housing Plan and the Program to the Regional Development Commission for review and comment. Attest: • Dated: June 14, 1994. City Administrator Mayor 9-� HOUSING PLAN CITY OF HUTCHINSON Dated July 26,1994 Set forth below is the Housing Plan of the City of Hutchinson (the "City") adopted pursuant to Minnesota Statutes, Chapter 462C. Housing Needs of the City The principal housing needs of the City in the next five year period (1994 -1999) will be multi- family dwellings and detached single family units designed for persons of low and moderate income. The continued employment growth in the City has resulted in a extremely tight housing market in the City, for both rental and owner - occupied housing. The Hutchinson Housing and Redevelopment Authority (the "HRA ") engaged Maxfield Research Group, Inc. to undertake a study concerning rental housing needs in the City. The report of Maxfield Research Group, Inc. dated June 2, 1993 (the "Maxfield Report ") is attached hereto and incorporated herein. The Maxfield Report contains certain information concerning the housing stock and housing needs in the City. The housing in the City comprised of 4,483 occupied housing units in 1990, of these units 67.4% are owner occupied. A majority (57.5 %) of housing units are single unit structures. Table I provides a detailed breakdown of housing mix, year built and the year the householder moved in. Also Table 2 shows a history of building permits. The average number of single family dwelling permits issued per year since 1972 was 38 permits. There were 54 single family dwelling permits issued in 1993. There is a steady flow of demand for new housing in the City. Data from the County Assessor's office from June 1, 1992 to November 30, 1992 indicated 110 home sales for that 6 month period at a median sales price of $73,500 in the City. In 1992, there were a total of 224 home sales in the City, of which 50 were new housing starts which show a solid market and need for both new and existing housing. According to 1990 Census data there were 2,884 people in the City ages 25 to 34 which is the population group of the typical first time homebuyer. Also, according to the 1990 Census, there were 1,723 owner occupied housing units in the City priced at less than $75,000. Realtors report housing demand has increased, resulting in a lack of available housing for both rental and home - ownership. Data sources include meetings with Hutchinson Technology, Inc. regarding their expansion, surveys with local realtors and real estate sales for the City over the past year from the McLeod . County Assessor's Office and the 1990 Census. 9 -F TABLE 1 • EXISTING HOUSING STATUS CITY OF HUTCHINSON Type of Housing Units Type of Unit Number Percent I unit, detached 2743 57.58 1 unit, attached 195 4.09 2 to 4 units 456 9.57 5 to 9 units 158 3.31 10 or more units 853 17.91 Mobile Homes 359 7.54 TOTAL 4764 100.00 Type of Housing by Year Built Year Built Number Percent 1989 to March 1990 87 1.83 1985 to 1988 725 15.22 1980 to 1984 555 11.65 1970 to 1979 926 1944 1960 to 1969 705 14.80 1950 to 1959 659 13.83 1940 to 1949 285 5.98 1939 or earlier 822 17.25 TOTAL 4764 100.00 Year Householder Moved Into Unit Year Number Percent 1989 to March 1117 24.92 1985 to 1988 1366 30.47 1980 to 1984 629 14.03 1970 to 1979 812 18.11 1960 to 1969 360 8.03 1959 or earlier 199 4.44 TOTAL 4483 100.00 SOURCE: 1990 U.S. Census Summary Tape File 3A compiled by Mid - Minnesota Development Commission. -2- 0 SOURCE: City of Hutchinson Building Department -3- TABLE 2 • HISTORY OF BUILDING PERMITS CITY OF HUTCI-HNSON Number of Units Single Town- 3&4 5 + Family House Duplex Units Units Total 1993 54 6 0 0 30 90 1992 50 2 2 4 0 58 1991 43 6 0 0 0 49 1990 38 13 0 0 0 51 1989 26 2 0 0 0 28 1988 39 20 4 4 204 271 1987 48 4 0 12 24 88 1986 45 12 2 4 18 81 1985 36 6 2 12 83 139 1984 30 26 2 16 0 74 1983 24 26 4 4 12 70 1982 16 8 12 0 12 48 1981 19 0 22 0 15 56 1980 28 0 14 0 80 122 1979 32 0 2 4 25 63 1978 70 0 6 0 36 112 1977 75 0 4 0 125 204 1976 55 0 0 0 24 79 1975 37 0 0 0 24 61 1974 21 0 0 0 19 40 1973 32 0 0 0 113 145 1972 22 0 0 0 0 22 0 SOURCE: City of Hutchinson Building Department -3- 0 Plan of City to Meet Identified Housing Need • T=et Areas The City plans to meet identified housing needs through construction of public roads and utilities associated with development of new housing developments in the City. In addition, the City or HRA may provide tax increment or other assistance to development of rental housing units in the City. The City has authorized tax increment financing to assist in the development of rental housing for seniors by Prince of Peace, a nonprofit corporation, formed by Peace Lutheran Church. The HRA may consider construction by the HRA of rental housing projects to meet rental housing needs in the City. The City has not identified any specific target areas. Programs to be Implemented At this time the only program under consideration by the City is in connection with the senior rental housing development being proposed by Prince of Peace. The City may consider additional programs to implement the housing needs identified by this Housing Plan. Methods of Monitoring Programs and Capacity of City Monitoring implementation by participants to ensure that programs will be consistent with this Housing Plan and its objectives will be undertaken by the City and HRA. It is not anticipated that a significant number of programs will be undertaken by the City, and therefore the City and HRA will have the administrative capacity to monitor and supervise programs. 151 . NEW YORE WASHINGTON, D. C. DENVER. ORANGE COUNTY, CA LONDON BRUSSELS Mr. Kenneth Merrill Finance Director City of Hutchinson 111 Hassan Street South Hutchinson, MN 55350 DORSEY & WHITNEY e P.ar.s..m �.onna r.ws..m.c mvo..nm.. PILLSBURY CENTER SOUTH ROCHESTER, MN 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 BILLINGS (612) 340-2600 GREAT FALLS PAX (612) 390 -2869 MISSOULA DES MOINES JEROME P. GIIUGAN FA R G O (614340-2962 June 7, 1994 Re: Issuance of Bonds for Maintenance Facility Dear Ken: As you are aware the Minnesota Legislature at its 1994 Session adopted a special law for the City of Hutchinson which authorizes the City to issue its general obligation bonds in an amount not to exceed $1,500,000 to finance its share of the cost of a new maintenance facility to be jointly used by the City, McLeod County and MnDOT. A copy of the law is enclosed. The law is effective without any action by the City unless a petition for a referendum on approval is filed with the City by June 30th. The law does not specifically provide how the law become effective if a petition is filed, but it was presumably intended that in such event the law would not be effective unless approved by the voters of the City. Though not required by the law, given the short period of time provided to file a petition, I think it would be a good idea for the City Council to adopt a resolution indicating its intent to issue bonds pursuant to such law and providing for the publication of a notice intended to notify residents of the City of the referendum provisions contained in the law. Enclosed is a form of resolution declaring the City Council's intent and providing for publication of a notice concerning the special law. You indicated that the Council's next meeting was June 14th at which time it would consider the 9 -� • • DoasEY & WHITNEY Page -2- Mr. Kenneth Merrill June 7, 1994 resolution, and if the resolution is adopted, the notice would be published on June 16th. If you have any questions or comments concerning this matter, please give me a call. Your er r. JPG:cmn Enclosure cc: G. Barry Anderson I 1 L J • Eh. 521, § 4 78th LEGISLATURE CONTRIBUTIONS Notwithetandiug any provision to the Subd . RETIRFaE>ENT ration or bylaws of ae association relating to contrary in this chaptefir the articles of incorporation to be -Wed for the determination of contributions or the of aeratce the salary tune tioa Faswtaat-ta under this n ahi continue y credit, a teach ed to a part Dole 1{ to make employe ntri cations to and to accrue allowable service t in the applicable association during od of partrtime employment on the basis and in the aame amounts as would have n paid and seemed year the memo d the employiymg board make basis provided that Prior June 30 each Y applicable association in any that portion of the ployer contribution a of proportion whieb they Dray agree that is based the difference between the amount is er had been compensation that would have been if the d by the teacher forloaervirsa rendered m theme and the amount of 90111 ation actuall part -time assignment The employer con dons to the appl cable'association on behalf of 1 tion actually received by the teacher for F the teacher shall er based a the amo f CO ent a manner described in section WAS, the services rendered b the part assignor ars or more of allowable service in t eiaae l sadb subdivision the teacher ltas ce er 8 a the assocati on or 20 g or ore of time wo ve a ' em o er con tion a on e-co m e teacher em on a time Asia. a an em am if n the rates of contrt tioa p by section 354A.112 eontxlbutioae e t a. llo con ns for part -time Full membership, cruel of allowable service credit and employee teaching servic y a teacher pursuant to this section and section 354.65 shall continue for a period Ion than ten years. Sec. 5. FFECfIVE DATE. t or that date. Presen8overnor April 25, 1994. Approved April 28, 1994. HUTCHINSON —TRI- AGENCY MAINTENANCE FACILITY —BOND ISSUANCE CHAPTER 522 H.F. No. 1901 AN ACT relating to local government; permitting the city of Hutchinson to incur debt for certain improvements; authorizing a reverse referendum on the issuance of city bonds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA• Sec. 2, LOCAL APPROVAL -- -, .t_ «, r u „rehinann 446 A*Mn am ladkated by 04er9es; (10196 ae by all"" 1894 BEGUL:—. the l: The _,.` 0 De use anmber W= gene scrim, � Presented to that Approved April X 4'd r= .i A n AN ACr relating y the West Cea& mbdivision 2. BE IT ENAC, Section 1. Min ed to read: Subd.2. WAL and (c), a person northern pike larg (b) The restrict (c) On Lake of inches and one no Sec. 2. WEST The boundary, e Stone county is eh 75 to County Roar Sec. S. EFFE( Sections 1 and f Presented to the F Approved April 2E RETIREM AN ACT relating tc formulae for th. subdivision 2; s BE IT ENACT 9 "G f 78th LZGW ATURE ,ng any provision to the lion relating to e accrual of service section shall continue �e credit in the app' me basis and in the same en employed on a fall-time ire employing board make livable association in any ace between the amount of nployed on a full -time basis or services rendered in the ole association on behalf of received by the teacher for iescribed in section 354.93, core of allowable service in he em o er a make the i that woo ave eel e employee an employer scribed by section 354Al2. contributions for part-time 354.66 shall not continue for i I !I t 1994 RSGULAR 3ES9ION CL su Presented to the governor April 25, 1994. Approved April. -211; 1991. FISH AND GAME — WALLEYE SIZE LIMITS, WEST CENTRAL GOOSE ZONE BOUNDARY CHAPTERSM - S.F._No.2987 AN ACT relating to game and fish; modifying size limits for walleye; changing the boundary of the West Central Goose Zone; amending Minnesota Statutes 1993 Supplemea4 sedioo 97CAU r subdivision 2.. ... .. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA after that date, Section 1. Minnesota Statutes 1993 Supplement, section 97C.401, subdivision 2, is amend - ung service ed to read: Subd. 2. WALLEYE; NORTHERN PIKE. (a) Except as provided in paragraphs (b) and (c), a person may take no more than one walleye larger than 20 24 inches and one northern pike larger than 30 inches daily. (b) The restrictions in paragraph (a) do not apply to boundary waters exaept Lairs of-ike Sdtosds. ^�10E (c) On Lake of the Woods, a person may take no more than one walleye larger than 19.5 inches and one northern pike larger than 30 36 inches daily. Sec. 2. WEST CENTRAL GOOSE ZONE; BOUNDARY CHANGE. The boundary of that portion of the West Central Goose Zone that is located within Big Stone coon is chap ed to the following'. S at Ortonville north along U.S. Route No. 1 75 to Coua Rosd No. 10 then east to the present boun hinson to incur debt for certain ! Sec. 3. EPFECPIVE DATE. ace of city bonds. ' Sections I and 2 are effective the day following final enactment - OF MINNESOTA Presented to the governor Apnl 25, 1994. STATE Approved April 23, 1994. . voters of the city of Hutchinson in section 1 by June 30, 1994. t by sWkWA RETIREMENT — TEACHERS RETIREMENT FUND — EMPLOYEE CONTRIBUTION, BENEFIT FORMULA CHAPTER 524 H.F. No. 1921 AN ACT relating to retirement; increasing employee contribution rates and benefit computation formulas for the teachers retirement fund; amending Minnesota Statutes 1992, sections 3504; subdivision 2; and 351.41, subdivision 6. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA AdO m we ladlvatad by ue bMw ddodm by *111 M 447 0 RESOLUTION NO. ion RESOLUTION OF INTENT OF CITY TO ISSUE BONDS FOR TRI- AGENCY MAINTENANCE FACILITY AS AUTHORIZED BY MINNESOTA LAWS 1994, CHAPTER 522 BE IT RESOLVED by the City Council of the City of Hutchinson, as follows: Section 1. Recitals. The Minnesota Legislature adopted Minnesota Laws 1994, Chapter 522 granting the City of Hutchinson (the "City") authority to issue general obligation bonds of the City without an election in an amount not to exceed $1,500,000 to finance the City's share of the cost of a tri- agency maintenance facility to be utilized by the City, McLeod County and the Minnesota Department of Transportation. Minnesota Laws 1994, Chapter 522 is a special law as defined in Article XII, Section 2 of the Constitution of the State of Minnesota, and provides that it is effective without local approval unless the voters of the City request a referendum on approval of the authority granted to the City in Minnesota Laws 1994, Section 522 by June 30, 1994. Section 2. Statement of Intent; Publication of Notice. It is the present intent of the City to issue its general obligation bonds pursuant to the authority contained in Minnesota Laws 1994, Chapter 522, to finance the City's share of the cost of the tri- agency maintenance facility. In order to inform the residents of the City of the adoption of Minnesota Laws 1994, Chapter 522, and the intent of the City to issue its bonds pursuant to the authority contained therein, the City Administrator is hereby authorized and directed to publish a notice in substantially the form set forth below in the official newspaper of the City. 9- 9 NOTICE OF INTENTION OF CITY OF HUTCHINSON • TO ISSUE BONDS FOR TRI- AGENCY MAINTENANCE FACILITY PURSUANT TO AUTHORITY CONTAINED IN MINNESOTA LAWS 1994, CHAPTER 522 NOTICE IS HEREBY GIVEN that the City Council of the City of Hutchinson at a meeting on June 14, 1994 adopted a resolution indicating that it is the present intent of the City of Hutchinson (the "City") to issue its general obligation bonds pursuant to Minnesota Laws 1994, Chapter 522, to finance the City's share of the cost of a tri- agency maintenance facility to be utilized by the City, McLeod County and the Minnesota Department of Transportation. Minnesota Laws 1994, Chapter 522, authorizes such bonds to be issued for such purpose without an election in an amount not to exceed $1,500,000. The authority of the City to issue its general obligation bonds pursuant to Minnesota Laws 1994, Chapter 522, is effective without local approval unless the voters of the City request a referendum on approval of such authority by filing a petition signed by residents of the City who are 18 years or older equal to 10% or more of the number of persons who cast votes for Governor within the City at the last general election for Governor. The petition must be filed by June 30, 1994 with the Hutchinson City Council. Dated: June 14, 1994. • CITY OF HUTCHINSON By s /Gary D. Plotz City Administrator Adopted: June 14, 1994. Mayor Attest: City Administrator • 2 NEW YORE WASHINGTON, D. C. DENVER ORANGE COUNTY, CA LONDON BRUSSELS Mr. Kenneth Merrill Finance Director City of Hutchinson 111 Hassan Street South Hutchinson, MN 55350 0 Dear Ken: • DOBSEY &. WHITNEY A P..r.m.e mc..wvo P.o.....o... c.ea...,o.. PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402 -1498 (612) 340-2600 PAR (612) a -2866 JEROME P. GH14CAN (61A 94G -2982 June 7, 1994 ROCHESTER, MN BILLINGS GREAT FALLS MISSOUL. DES MOINES FARGO As we have previously discussed, under IRS regulations relating to tax - exempt bonds, if the City intends to use proceeds of tax- exempt bonds to reimburse expenditures paid by the City prior to the issuance of the bonds, the City is required to have adopted a statement of official intent to reimburse such expenditures within 60 days after its payment. These regulations are commonly referred to as the "Reimbursement Regulations." The official intent declaration can either be in the form of a resolution of the City Council, or a declaration made by an officer of the City who has been authorized by a resolution of the City Council to make such declaration. After discussing the options for the City with you, you indicated that having an officer of the City make such declaration is probably the most workable arrangement for the City of Hutchinson given the number of improvement projects it typically undertakes each year. Enclosed is a form of resolution for consideration by the City Council at its June 14th meeting which authorizes you as the City Finance Director (and in your absence, the City Administrator) to make an official intent to reimburse declaration on behalf of the City. The resolution sets forth the procedure for making such declaration. 9 -N 0 0 0 DoRsEY & WHITNEY Page -2- Mr. Kenneth Merrill June 7, 1994 Please review the resolution and call me with any questions or comments you may have. JPG:cmn Enclosure cc: G. Barry Anderson Yours ' J ro RESOLUTION NO. m48 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City"), as follows: I. Recitals. (a) The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax - exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150 -2) (the "Regulations ") require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. (b) The City desires to comply with requirements of the Regulations and to establish certain procedures relating thereto. 2. Official Intent Declaration; Delegation; Procedures. (a) The Regulations, in the situations in which they apply, require the City to have declared its official intent (the "Official Intent Declaration" or the "Declaration ") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued debt. This Council hereby authorizes the City Finance Director, or in the event or his or her absence or disability, the City Administrator (the "Officer "), to make the City's Official Intent Declarations. (b) The following procedures shall be observed by the Officer in making Official Intent Declarations: (a) Each Declaration shall made by the Officer substantially in the form of Exhibit A attached hereto, which is hereby incorporated herein and . made a part of this Resolution. . (b) The City Clerk shall maintain a file in his or her office in which all Declarations shall be kept. Promptly after making a Declaration, the Officer shall deliver the Declaration to the City Clerk for filing. (c) The Officer shall endeavor not to make Declarations in cases where the City will not ultimately be issuing reimbursement bonds to provide long -term financing for project costs, and the Officer is hereby authorized and directed to consult with the City's financial advisor and bond counsel concerning the requirements of the Regulations in general and their application in particular circumstances. (d) The Council shall be advised from time to time as to the Declarations made and on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which Declarations have been filed, including recommendations on the timing of the issuance of such bonds so that the "reimbursement period" requirement described in the Regulations can be met. 3. Reimbursement Allocations. The Officer shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the reimbursement bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained with respect to the bonds or the projects and shall specifically identify the actual prior expenditure being reimbursed. Adopted this 14th day of June, 1994. 0 -2 i An 1 -I Declaration of Official Intent The undersigned, being the duly appointed and acting City of the City of Hutchinson, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150 -2 (the "Regulations "), promulgated under the Internal Revenue Code of 1986, as amended, hereby states and certifies as follows: 1. The undersigned has been and is on the date hereof duly authorized by the governing body of the City to make and execute this Declaration of Official Intent (the "Declaration ") for and on behalf of the City. 2. The City proposes to undertake certain projects (the "Projects "), which projects and the estimated costs thereof are generally described on Schedule I hereto, which is hereby incorporated herein and made a part hereof. 3. Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds (as hereinafter defined), (ii) expenditures permitted to be reimbursed under the transitional provision contained in Section 1.150- 2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150- 2(f)(2) of the Regulations, or (iv) expenditures in a "de minimus" amount (as defined in Section 1.150- 2(f)(1) of the Regulations), no expenditures for the Projects have heretofore been paid by the City and no expenditures will be paid by the City until after the date of this Declaration. 4. The City reasonably expects to reimburse the expenditures made for costs of the Projects out of the proceeds of debt in an estimated maximum aggregate principal amount of $ (the "Bonds ") after the date of payment of all or a portion of the costs of the Projects. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Regulations. 5. As of the date hereof, there are no City funds reserved, allocated on a long -term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long -term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Projects, other than pursuant to the issuance of the Bonds. The statement of intent contained in this Declaration, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 0 A -1 IN WITNESS WHEREOF, the undersigned has executed this Declaration • and placed it on file in the official City records this _day of 199_ City 0 A -2 SCHEDULE I 0 Description of Projects(l) Estimated Cost(2) (1) Include general functional description of character or type of Project, which • may include any property, project or program. Examples are 'highway capital improvement program," "hospital equipment acquisition" and "school building renovation." Alternatively, the City may designate particular funds or accounts as the project description if the functional purpose to be reimbursed is set forth. For example, "parks and recreation fund — recreational facility capital improvement program." (2)Include construction or acquisition costs and engineering, architectural, legal, fiscal and other costs. 0 •DAVID B. ARNOLDI GARY D. MCDOWEL STEVEN A. ANDERSON O. BARRY ANDERSON` STEVEN S. HOGE LAURA E. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT- RICHARD O. MCOEE CATHRYN D. REBER ODVA M. BRANDT BRETT D. ARNOLD I A 30 ADMIT ZD IN TEAS AND N8w TORE IAL50 ADMITSBD IN WISCONSIN June 14, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARE PLACE HuTcwNsoN. MINNESOTA 55350 -2563 Mr. Ken Merrill Director of Finance Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 (812) 587 -7575 PAX (6121587-4006 RESIDENT ATTORNEY O. BARRY ANDERSON OF COUNSEL WILLIAM K. CAMERON RAYMOND C. LALLIER 5981 CEDAR LEE ROAD MnotRAPOLIs, MINNESOTA 56618 IM21645-6000 PAX 19121 646 -ITRD 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 56D11 IBM) WO -2214 FAX 19X21082-6509 JW 14 ]994 • RE: McLeod County Agricultural Association Condemnation Action Our File No. 3244 -93069 Dear Ken: This correspondence is a follow up to my correspondence of May 26, 1994 regarding the above referenced matter. I am enclosing an additional copy of that letter for your files. I respectfully request that this matter be considered under 10(a) of the City Council Agenda this evening. I had a commitment in St. Paul, but I anticipate returning prior to 10:15 and, if for some reason the meeting should finish early, Assistant City Attorney Gina Brandt will be in attendance to deal with this legal issue and any other legal issues that may arise. As you may recall, at the last City Council meeting we discussed in general terms the resolution of the condemnation action with the McLeod County Agricultural Association (fair board). The following outline for settling the dispute with the fair board has been generally approved by our office and Ron McGraw, representing the fair board, although obviously our respective clients will need to approve the agreement as well; 1. The City of Hutchinson will pay, in cash, the sum of . $61,866.00 for the property interests at issue in the condemnation action. These are property rights that the City must acquire by virtue of federal and state airport requirements. This figure was arrived at by taking the 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /O "CERTIFIED AS A REAL PROPERTY LAw SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Ken Merrill • June 14, 1994 page 2 appraised amount, approved by the State of Minnesota, $60,816.00 and adding to it $1,050.00. The additional $1,050.00, at present, has not been approved by the State of Minnesota for reimbursement and should be treated, for approval purposes this evening, as a contribution from direct City revenue sources. 2. The storm sewer assessment (referred to elsewhere as the Sturges assessment) will be $51,050.00. This assessment is not yet activated but should be activated so that it can be paid off over a ten year period, pursuant to the usual and customary City policy, commencing with tax payments due and payable in the calendar year 1995. If the City Council will approve this agreement, I will prepare a settlement agreement between the City and the fair board with the thought that we would close this transaction prior to July 1. The fair board needs the cash that is involved in this transaction as soon as possible and, consistent with our past practice, payment can be advanced subject to reimbursement by the State of Minnesota at some later date. The adjustment in the compensation amount to be paid to the fair • board was a total of $2100.00 or one half of the difference between the two parties. To be absolutely fair to everyone, I split the additional $2100.00 in compensation between the cash compensation to be paid to the fair board and the assessment amount. I discussed the general framework of this proposal with attorney McGraw and he is in agreement with it. I would ask for City Council approval this evening so that we can get this matter put to bed as soon as possible. Mr. and Mrs. Svanda and their attorney are presently contemplating our last settlement proposal and as soon as I here something further from attorney Frankman, I will advise the Council. I look forward to seeing you this evening. Thank you. GSA /es cc: Ron McGraw • MN/DOT TP -02134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. x.2/93 -02_ SUPPLEMENTAL AGREEMENT No. 2 sheet 1 of 1 tractor: Federal Pn,ject: 7133P-717-09 ect No.: M MUELLER 6 SONS, INC. ress: Location: - 831 PARR AVENUE SCHOOL ROAD SOUTH BETWEEN MCDONALD DRIVE AND SOUTH GRADE HAMBURG MN 55339 ROAD Pro. No. I F.Y. I Account I.D. I DepiJDiv. ( Sequence No. Purchase Terms I Asset No. I C.CD.1 OOONET TYPE OF A40 ( ) A41 ( ) C.CD2 Dated Suffix I Object I Vendor 01 C.CD.3 I C.CDA Number Entered by Type I Amount V TRANSACTION: A44 ( ) A45 ( ) A46 ( ) Dated Number Entered by This contract is amended as follows: C.CD.5 WHEREAS, THIS CONTRACT PROVIDES FOR, AMONG OTHER THINGS, COMMON EXCAVATION. THE FOLLOWING CHANGES WILL BE MADE.AND IT IS MUTUALLY AGREED AND UNDERSTOOD: 1. THAT THE CONTRACTOR SHALL FURNISH ALL LABOR, EQUIPMENT AND MATERIALS REQUIRED TO REMOVE MATERIAL ON SITE FOR WETLANDS MITIGATION. 2. THAT THE CONTRACT SHALL BE IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE CONTRACT SPECIFICATIONS, AS DIRECTED BY THE ENGINEER. �. THAT THE UNIT OF MEASURE FOR LABOR, EQUIPMENT AND MATERIAL, ALL AS PROVIDED BY THE CONTRACTOR, SHALL BE CU. YD. (EV) 4. THAT THE UNIT PRICE FOR EXTRA WORK HEREIN SHALL BE AS BID. 5. THAT THE CONTRACT TIME WILL NOT BE REVISED, EXCEPT AS MAY BE PROVIDED UNDER THE PROVISIONS OF THE SPECIFICATIONS. 6. THAT THE CONTRACTOR WILL NOT MARE CLAIM OF ANY RIND OR CHARACTER WHATSOEVER FOR ANY OTHER COSTS OR EXPENSES WHICH HE MAY HAVE INCURRED OR WHICH MAY BE HEREAFTER INCURRED IN PERFORMING THE WORK OR FURNISHING THE MATERIALS REQUIRED BY THIS AGREEMENT. ESTIMATE OF COST ITEM NO. ITEM IIQ ANTITY UNIT UNIT PRICE AMOUNT 2105.501 COMMON EXCAVATION (EV) 1964 CU YD $2.75 $5,401.00 TOTAL INCREASE $5,401.00 THIS CONTRACT IS AMENDED AS FOLLOWS: ORIGINAL CONTRACT $382,803.30 PREVIOUS ADDITIONS $ 53,426.06 INCREASE —THIS AGREEMENT $ 5,401.00 TOTAL ---------------------- $441,630.36 PERCENTAGE INCREASE BY SA 12 1.41% PERCENTAGE TOTAL INCREASE 15.37% APPROVED: APPROVED: Original Contract Commissioner of Commisisoner of $382,803.30 Dated Administration Finance Project Engineer Approved as to forth Dated By and execution Contractor Dated Dated Dated District Engineer Assistant Attorney General Dated Agency Head Original to State Auditor — Copy to Agency / v OPEN -HOLD COUNCIL REPORT Tue Jun 14 1994 14:49:14 Page 1 ------ - - - - -- - --------------------------------------------- W986 IMPRO.BDS AM.NATIONAL BANK PAYING AGENT FEES $234.53 $234.53 1994 IMPRO CONST BOLTON & MENK, INC. PROF SERVICE $18,229.44 DEPT.NATURAL RESOURCES PERMIT $75.00 ROBINSON APPRAISAL CO APPRAISAL $3,500.00 RUST ENVIRONMENT 94 BONDS $5,119.97 $26,924.41 AIRPORT RENOVAT. ERNEST SVANDA & BEVERLY SVANDA PROPERTY ACQUISTION $1,700.00 MCLEOD COOP POWER ELEC $13.52 $1,713.52 I:ll14ktRmai \kito);a�x AM.NATIONAL BANK PAYING AGENT FEES $263.49 $263.49 CENTRAL GARAGE • ABM EQUIPMENT REAR DOOR SEAL $721.78 BRANDON TIRE CO TUBE & TIRE REPAIR $82.27 CARQUEST AUTO PARTS OIL FILTER /LAB /PARTS $890.00 CERTIFIED LABORATORIES T -LURE AEROSOL $192.27 CHAMPION AUTO BRAKE CLEAN $94.29 CROW RIVER AUTO REPLACED OXYGEN SENSOR $276.79 EARL ANDERSON ASSOC PACKING STRAINER $212.39 FORTIS BENEFITS JUNE LTD $15.83 HARPEL BROS.INC PULLEY $21.92 HUTCHINSON WHOLESALE SUPPLIES $350.13 INK SPOTS SUPPLIES $42.37 JERRYS TRANSMISSION REP /LABOR $438.27 L & P SUPPLY CO FILTER ELE $167.87 MN.MUTUAL LIFE JUNE LIFE $6.51 MTI DIST.CO CAP & ARM SWITCH $289.67 PJ FOREIGN CAR INC DIESL $6.92 PLOWMANS B WHEELS $258.07 POSTAGE BY PHONE MAY POSTAGE $2.32 RMS STUD BA $151.57 SCHMELING OIL CO AMOCO FLUID $1,375.13 ST.CLOUD TECHNICAL COLLEGE TUTION $35.00 STEWARD ENTERPRISES TUBES $204.48 TOWN & COUNTRY TIRE FRONT END ALIGNMENT $93.10 WACKER IMPLEMENT FUEL $5.78 $5,934.73 • GENERAL FUND t OPEN -HOLD COUNCIL REPORT Tue Jun 14 1994 14:49:14 Page 2 • ------------------------------- A & B ELECTRIC --- - - - - - -- ----------- LAB & MATERIAL - - - - -- - - - - -- $180.80 A LITTLE BRICK SHIRT HOUSE CUSTOM BLACK POLO SHIR $116.00 A -1 BIKE SHOP LABOR REPAIR $43.08 AAGARD WEST MAY PICKUP $542.06 ACTION ACCENTS FMCROSSBACKRED /GUARD T $389.25 ALBINSON BLUE BLACK $85.04 ALLEN OFFICE PROD SUPPLIES $74.76 AMERICAN HOTEL REGISTER CO. DUST PAN $45.19 AMERICAN PLANNING ASSN CHAPTER DUES $183.00 AMOCO OIL CO GAS CREDIT CARD PUR $18.82 ANDERSON'S DECORATING CENTER GAL MATERIAL 51 -150 $149.26 APCO AFC INC. FREQUENCY DATA $580.00 ARCHER, KURT INDOOR SOCCER COACH $248.63 ARNOLD & MCDOWELL MAY COMP $4,418.00 AUTOMATION SUPPLY CO SUPPLIES $36.76 BAKKEN, ROGER BCA CLASS EXPENSES $14.50 BCA /TRAINING & DEVELOPMENT BCA TRAINING & DEV $120.00 BEACON SPORTS PRODUCTS INC SPARKLE POOLCAR $834.40 BENITA HACKER REFUND FOR SWIM LESSON $13.00 BENNETT OFFICE SUP. SUPPLY $479.26 BERNICK & LIFSON FRANCHISE RENEWAL $283.50 BEVERLY BONTE ACTIVITY REG $10.00 BIG BEAR SUPPLIES $34.69 BLACK HILLS AMMUNITION RMFG AMMUNITION $508.84 BREMIX CONCRETE CO CON MIX $201.75 STUDIO FILM $12.24 •BRINKMAN BROWNS GREENHOUSE MIRACID SUPPLIES $741.48 BRUCE OHLAND REFUND SAFETY CAMP $10.00 BUSINESSWARE SOLUTIONS front desk adj $226.74 CADD /ENGINEERING SUPPLY JET ROLL $172.24 CADENCE SUBSCRIPTION $29.95 CELLULAR 2000 CELLULAR $230.72 CENTRAL ALLIED ENTERPRISES SUPPLIES $114.81 CENTURY LABS LINERS $572.04 CHAMPION AUTO REPAIRS $25.54 CHARLES A. LINDBERGH HOUSE 22 ADMISSIONS SR. TOUR $66.00 CHARLES BAILLY & CO PROGRESS BILLING $6,500.00 CHRISTENSEN REPAIR SUPPLIES $3.00 CIMLINE WAND VALVE HOSE COVER $110.16 CITY OF HUTCHINSON LODGING TAX $10,604.89 COMM TRANSPORTATION HANGAR PAYMENTS $700.00 CRIME WATCH CRIME WATCH $25.00 CROW RIVER GLASS LAB /PARTS $274.25 DAAK REFRIGERATION LAB /PARTS $66.00 DARWIN STEP CO STEPS $310.00 DAVID GLESNE REFUND ARTS IN PARK $7.00 DEBBIE FROEMMING SWIN LESSON REFUND $13.00 DEPT NATURAL RESOURCES MOTOR VECHICLE $521.00 ERICKSON OIL PROD FUEL $11.52 ERICKSON, RENEE REFUND FOR SWIN LESSON $20.00 FARM 7 HOME ACE HDWE STEEL $70.00 • FEED RITE CONTROLS SUPPLIES $1,460.98 FESTIVAL FOODS SUPPLIES $126.05 FIRE TECHNOLOGY SUBSCRIPTION $44.50 OPEN -HOLD COUNCIL REPORT Tue Jun 14 1994 14:49:14 Page 3 • ------------------------- FITZLOFF HARDWARE ------------------------------------------- SUPPLIES $322.23 FLOOR CARE SUPPLY SUPER CROWN BLUE LARGE $366.24 FORBES AUTO ANTIFREEZE LEAK $46.39 FORMS & SYSTEMS FORMS $472.39 FORTIS BENEFITS JUNE LTD $1,169.20 GAME TIME SWING HANGER $226.48 GAYLE MCCOY REFUND SAFETY CAMP $10.00 GENERAL OFFICE PRODUCTS CO OFFICE PRODUCTS $479.25 GOVT TRAINING SER TRAINING SERV $156.00 GREAT PLAINS SUPPLY PARK SIGNS /BACKING $150.21 GUARDIAN PEST CTL PESTCONTROL $21.57 GUTHERY, TOM REIMB MILEAGE $93.87 HCI CONNECTING POINT ADAPTOR $34.99 HCVN- CH. #10 CABLEVISION $1,500.00 HENRYS FOODS INC SUPPLIES $482.50 HOESCHENS, DUANE NEW LIGHTS FIRE TRUCK $81.10 HUTCH COMM HOSPITAL LABS LAUNDRY $59.45 HUTCH CONVENTION & CONVENTION TAX $1,644.51 HUTCH FIRE & SAFETY SAFETY PIN $158.63 HUTCHINSON LEADER ADV $325.13 HUTCHINSON TEL CO JUNE PHONE $4,314.96 HUTCHINSON UTILITIES UTILITY $7,038.31 HUTCHINSON WHOLESALE SUPPLIES $247.87 ICBO HANDBOOK UNIFORM BLDG $148.10 INK SPOTS NICK SHELL $202.19 UNIFORMS & EQUIPMENT GCA TARGETS $146.32 •JACK'S JEANNIE TESSMER REFUND SAFETY CAMP $13.00 JERABEK MACHINE SERV 01204210 $59.75 JOES SPORT SHOP PLATES ENGRAVED $4.00 JOHN SRIGHT REIMB SAFETY BOOTS $30.00 K MART FRAMES $42.03 KENNING, RUTH REFUND ON TICKET $45.00 KEVIN STEINHAUS CUSTOM PROGRAMMING $300.00 KIM MARZ REFUND CANCELLED $10.00 KOCH MATERIALS CO ASPH CTBK SUPPLIES $1,832.54 KOELLN, BRIAN REIMB FOR SOFT BALL $174.00 L & P SUPPLY CO SUPPLY $190.72 LAND CARE EQUIPMENT RELAY /STOP ADD $24.48 LAW ENFORCE EQUIP NAME BAR -GOLD PLATE $12.10 LEAGUE OF MN CITIES DEDUCTIBLE $1,211.71 LISA RETZLAFF REIMB FOR WOMES'S SOFT $22.00 LOREN OLSON REFUND SAFETY CAMP $13.00 LYNETTE WHOOLEY REFUND SWIMMING $15.00 M.C.M.T. INC MONTHLY FEE $21.85 MAIERS, CINDY REFUND SAND VOLLEYBALL $44.00 MAKI, CONNIE LOGIS TRG LUNCH $8.82 MANKATO MOBILE RADIO RAPID BATT $154.49 MANTHEI, HOWARD REFUND TREE APPLICATIO $5.00 MARK MAIERS REFUND MEN SOFT BALL $25.00 MARKHURD AERIAL PHOTOGRAPHY $3,550.00 MARY SCHMALZ REFUND SWIM LESSONS $14.00 •MATT MULLINS SAFETY GLASSES $24.66 MCGARVEY COFFEE INC SUPPLIES $202.65 MCLEOD COOP POWER ELECTRICITY $564.93 OPEN -HOLD COUNCIL REPORT Tue Jun 14 1994 14:49:14 • MEIER, DOUG METKOWSKI, MILDRED METRO ATHLETIC SUPPLY MID AMERICAN RESEARCH MID CON SYSTEMS INC MIKE CANNON MINNCOMM PAGING MINNE - SEW -TA VAC • TRAVEL LUNCH REFUND SOFTBALLS CHEMICAL SILICONIZED AGENT TARGONE ALLWEATHER REFUND OF ACT FEE MN BOARD OF AELSLAID MN COMMERCE DEPARTMENT MN MUNICIPAL BOARD MN REC & PARK ASSC MN.ELEVATOR INC MN.MUTUAL LIFE MR. MOVIES MTI DIST.CO NANCHALANT NO STATES SUPPLY INC OLSONS LOCKSMITH ONE CALL CONCEPTS INC. PC WORLD PENN CYCLE PETERSON BUS SERVICE PISHNEY, LORETTA PIZZA HUT OF AMERICA INC PLASTICRAFTERS SVE & RENT RICCAV VAC BAGS LICENSE ENGINEER REAPPOINTMENT OF NOTAR MN MUN BOARD T SHIRTS ELEVATOR SERVICE JUNE LIFE SINGIN IN RAIN MOVIE R 03754530 WOODBASKET /CHMBRS FIGT ANCHOR REDHD PADLOCK SUPPORT AGREEMENT SUBSCRIPTION 01304210 01804309 REFUND OF TICKETS FOOD INFO STAND PLUMBING & HTG DOCTOR FILTER MEDIUM POSITIVE PROMOTIONS EMERG CLR BK DIAL 911 POSTAGE BY PHONE MAY POSTAGE QUADE ELECTRIC 4 RETROFIT SCORE BOARD RECREONICS SEAL TOP MOUNT ADAPTER RICHARD LENNES MAY COMP RODEBERG, JOHN MEETING EXPENSES RON CARTER REFUND SAFETY SHOES SAUK CENTRE CHAMBER OF COMMERC 21 ADMISSIONS SCOTT RAMGREN REFUND LESSONS SELECT CARE PAYMENT FOR JEAN GRAY SHAW, KAREN SHIELY COMPANY SHOPKO SHOUTZ, MARK SICKMANN, STEVEN SIMONSON LUMBER CO SITZ, HAZEL SOUTHAM BUS COMM STANDARD PRINTING STAR TRIBUNE STATE OF MINNESOTA STOTTS, CASEY TAMMY KIRCHOFF THERESA TORGERSON • THOMPSON, PAULA TOM DOGGET TRACEY STANICH SENIOR LINE DANE PARKS REC ROCK IRRIGATOR SKR HOSE BCA CLASS EXPENSES BCA CLASS EXPENSES WHITE SAND MILEAGE OFFICIAL AD /WK RIBBONS SUBSCRIPTION RENEWAL LICENSE RENEWAL NEW LIGHT EQUIPMENT REFUND WOMENS VOLLEBAL INDOOR SOCCOR COACH SR. TOUR REFUND REFUND ACT FEE SOCCER COACH Page 4 $10.94 $45.00 $703.32 $115.72 $113.48 $8.00 $114.12 $20.77 $70.00 $40.00 $100.00 $525.00 $61.00 $472.29 $1.40 $3,393.09 $35.50 $115.58 $135.64 $225.00 $24.00 $297.93 $778.75 $45.00 $40.03 $25.62 $543.37 $193.25 $1,010.58 $2,379.08 $9.63 $2,000.00 $83.38 $30.00 $42.00 $20.00 $42.50 $210.00 $615.77 $62.05 $100.67 $84.79 $22.84 $32.40 $259.90 $1,232.74 $165.45 $15.00 $105.43 $45.00 $500.00 $30.00 $12.00 $479.69 OPEN -HOLD COUNCIL REPORT Tue Jun 14 1994 14:49:14 Page 5 ------------------------------------------------- -------------- - - - - -- -- iTRI CO WATER COND SALT $34.29 TRIARCO SUPPLIES $285.12 UNITED BLDG CENTERS INFO SIGN ROBERTS PARK $452.79 UNITED LABORATORIES SUPPLIES $139.94 USI INC USI OPTI CLEAR LETTER $40.46 VICTORIAN INN DINING ROOM $15.21 VIKING OFFICE PRODUCTS MP LIME $161.10 WAL -MART NOTE PAD $20.32 WENDY TRBELHORN REFUND BASEBALL $13.00 WENDY WIEWECK REFUND SAFETY CAMP $10.00 WEST PUBLISHING CO SUBCRIPTION $105.49 $80,314.74 LIBRARY FUND DS on m mm -m, PAYROLL FUND AETNA VARIABLE LIFE ASS GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA- D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT PUBLIC SITES ABSTRACTIN PLUS WATER /SEWER FUND AAGARD WEST APCO AFC INC. BRANDON TIRE CO CROW CHEMICAL CO FITZLOFF HARDWARE FORTIS BENEFITS HACH COMPANY HENRY & ASSOCIATES HUTCHINSON TEL CO HUTCHINSON UTILITIES • HUTCHINSON WHOLESALE L & P SUPPLY CO MN DEPT OF REVENUE PAYING AGENT FEES $238.66 $238.66 CO. AETNA $655.00 GREAT W $100.00 HRLAPR $191.40 ICMA $1,709.00 PERA LIFE $136.50 PERA DCP PEN PLAN $52.02 PRUDENT $140.00 PRUD M $318.46 PENSION PLAN $11,869.79 TEMPLE $438.85 WADELL $150.00 SOC SECURITY $26,629.68 MN REV TAX W /S /R /T $42,390.70 ABSTRACT UPDATE $60.00 $60.00 MAY PICKUP $340.82 FREQUENCY DATA $145.00 VAC TRUCK $20.00 BLOCKS $13.89 HARDWARE $7.84 JUNE LTD $172.99 DPD $56.02 HYDRANT EXTENSION $589.13 JUNE PHONE $498.82 UTILITY $377.84 SUPPLIES $15.96 SCREW $32.14 MN REV TAX W /S /R /T $8,711.53 OPEN -HOLD COUNCIL REPORT Tue Jun 14 1994 14:49:14 Page 6 -------------------------------------- • MN VALLEY TESTING LAB ------------------------ MN VALLEY TESTING $110.00 MN.MUTUAL LIFE JUNE LIFE $66.15 NALCO CHEM.CO WATER TABI $7,556.38 POSTAGE BY PHONE MAY POSTAGE $143.10 PURIMETRICS INC AIR DRYER $1,116.12 QUADE ELECTRIC POTENTIOMETER $431.86 RADIO SHACK PK2 NICAD AA CEL ALK B $25.86 RALPH GROEBLER OVERPAYMENT OF W/S $128.10 RAM ANNUAL RAM MEM DUES $65.00 ROADWAY EXPRESS INC KRD 35 DRYER $70.55 SANIFILL INC SERVICE $3,912.88 SORENSEN FARM SUPPLY SUPPLIES $25.35 STATE OF MINNESOTA RENEWAL- G.LANZ $15.00 TORO COMPANY YARD RECYCLE $3,120.00 VIK, KEVIN REIMBURSEMENT FOR SHUT $258.00 WAG -AERO SUPPLIES $59.90 WAL -MART COFFEE SUPPLIES $23.39 WATERPRO ECR TOUCH PAD $10,807.62 $38,917.24 $196,992.02 is IMMEDIATE PAY COUNCIL REPORT Tue Jun 14 1994 14:45:13 Page 1 ----------------------------------------------------------------------------- �AIRPORT RENOVAT. ERNEST SVANDA & BEVERLY SVANDA SVANDA PRPOERTY APPR A CENTRAL GARAGE MOTOR VEHICLE MPCA GENERAL FUND DEBBY'S STITCHES OF LOVE DEPT NATURAL RESOURCES JOHN DANIELS INC LEAGUE OF MN CITIES PALMER HOUSE RADISSON HOTEL ST. PAUL PAYROLL FUND AETNA VARIABLE LIFE ASS AMERICAN FAMILY INS CO. •GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA - D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT WATER /SEWER FUND LEAGUE OF MN CITIES RADISSON HOTEL ST. PAUL U S POSTMASTER L J EXCISE TAX & FEES HAZ WASTE LICENSE FEE FLAG SEWING DNR TITLE FEES NO TRESPASSING SIGNS(1 2 CONFERENCE REGISTRAT PALMER HOUSE LUNCH RESV CO. EMPLOYEES CONT. DEF CO AFIC EMP CONT. CANCER GREAT W WMP CONT. DE. HRLPR EMPLOYEE CONT DEF COMP PERA LIFE EMPLOYER CONTRIB 5 -21 PRUD EMP DEF COMP EMPLOYEE CINT DEF COMP PERA EMPLOYER PEN PLAM TEMPLE EMP CONT DEF CO WADELL EMP CPNT. DEF C EMPLOYEES C SOC. SECUR REG- R.DEVRIES RESV- R.DEVRIES WATER BILLS POSTAGE $1,700.00 $1,700.00 $1,354.11 $100.00 $1,454.11 $47.74 $2,224.00 $391.87 $2,025.00 $237.20 $650.88 $5,576.69 $655.00 $135.10 $100.00 $191.40 $1,909.00 $124.50 $52.02 $140.00 $318.46 $11,900.54 $438.85 $150.00 $25,787.85 $41,902.72 $225.00 $81.36 $258.00 $564.36 $51,197.88 HANDWRITTEN CHECKS TUE JUNE 14, 1994 LIQUOR FUND AMERICAN LEGION POST 21 AMERICAN LINEN SUPPLY ATF BERNICK'S CHUCK'S REFRIGERATION CMI COAST TO COAST DIAMOND CLEAR ICE ED PHILLIPS FESTIVAL FRIENDLY BEVERAGES GOURMENT AWARD FOODS HENRY'S HERMEL WHOLESALES HILLYARD HUTCHINSON LEADER HUTCHINSON TELEPHONE INK SPOTS JOHNSON BRTOEHRS JORDAN BEVERAGE KDUZ .LENNEMAN BEV LOCHER BROS LOSS CONTROL SERVICE MAERICAN BANKCARD MCLOUD COUNTY FAIR MINNESOTA MUN BEV ASSOC QUALITY WINE RETAIL ORDER FORMS R &M SPRENGELER STANDARD PRINTING TRAVELERS DIRECTORY TRI- COUNTY TRIPLE G TRIPLE G VIKING COCA -COLA • ADVERTISING 52.50 SUPPLIES 262.48 SPECIAL TAX 250.00 SOFT DRINKS 335.68 COOLER LAB /PARTS 6,100.00 SUPPLIES 278.56 SUPPLIES 81.06 ICE CUBES 85.00 WINE & LIQ 7,861.05 SUPPLIES 60.42 BEER 689.50 MISC DRINKS 244.08 MISC PURCHASES 1,510.11 MISC PURCHASES 588.30 SUPPLIES 23.24 ADVERTISEMENT 462.06 PHONE 166.05 PRINTING 23.31 WINE & LIQ 6,454.66 BEER 1,187.75 ADVERTISEMSNT 125.00 BEER 6,128.04 BEER 14,828.25 TRAINING 13.00 CREDIT CARD MACHI 1,788.67 DONATION 35.00 MEMBERSHIP DUES 378.00 WINE &LIQ 4,396.64 IMPRINTER 149.10 DISPLAY BINS 36.50 FREIGHT 1,465.85 SUPPLIES 113.74 ADVERTISEMENT 223.20 COOLER RENTAL 27.69 SOFT DRINKS 22.50 BEER 21,337.00 SOFT DRINKS 436.05 TOTAL $78,220.04 J I • DAVID B. ARNOLDI GARY D. McDOWBLL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. BODE LAURA E. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE • - JOSEPH M. PAIEMENTI RICHARD O. M.OEE CATHRYN D. REHER OINA M. BRANDS BRETT D. ARNOLD I AL40 ADIDFIED IN TF,% AND HHW YOB. QAlSO ADCITTHD IN M'IHCOYSIN June 13, 1994 AIRNOLD & MCDOWELL ATTOENEYS AT LAW 101 PARE PLACE HLITCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 FAX 16121 587 -4008 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Hutch, Inc. vs. City of Hutchinson Our File No. 3244 -93063 . Dear Gary: OP COUNSEL WILLIAM W. CAMERON RAYMOND C. TALLIER 6881 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 68418 16181 545-0000 PAR 19121 545-1183 SOI SOUTH FOURTH STREET PRINCETON, MINNESOTA 58311 16121 350 -2214 FAR 16H:1 3B6 -5506 JUN 14 1994 FOR YOUR INFORMATION Enclosed please find copies of correspondence addressed to the Honorable Thomas McCarthy and to this office by Attorney Christopher A. Nelson. I would ask that the instant letter, as well as the enclosed letters be made a part of the next Council packet as a "for your information" item. By carbon copy of this correspondence, I am requesting that Randy DeVries provide our office with information regarding the accuracy or inaccuracy of the water meters installed at Hutch, Inc. I do not know that a settlement proposal will be acceptable to the City Council is in deed forth coming, and based on past representations by Mr. Block I would hesitate to make this claim without the document in front of me, but I suppose we should at least be prepared in the event an offer is made. Please do not hesitate to contact me should you have any questions. Best regards. Very truly yours, ARNOLD & Mc WjL 4 •iarry Anderson GBA:lm Enclosures •CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE DAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE HA H ASSOCIATION PUSTORINO, PEDERSON, TILTON & PARRINGTON ATTORNEYS AT LAW SufTE 200 4005 Wm 65TH STP= MNNEm1 ous, MNNEsoTA 55435.1765 TELEPH➢NE (612) 925 -3001 FAx (612) 9254203 Mr. G. Barry Anderson Attorney at Law 101 Park Place Hutchinson, MN 55350 June 7, 1994 RE: Hutch, Inc. v. City of Hutchinson Our File No: GABC 13487 Dear Mr. Anderson: x 'Peter J. Pustornro • William R. Pederson *Louis R. Most ..Jon P. Parrington Joel M. Mvscoplar *Charles J. Nod Kristin B. Maland Carol A. Kubic Thomas J. Misurek M. Chapin Hall Richard S. Stempel Roger H. Willhaus Tamara G. Garda Jeffrey J. Lindquist Mark J. Weaver "Christopher A. Nelson *Also Admitted . W.. ••Also Admitted io North Da This letter will confirm our meeting of Tuesday, June 7, 1994. As you know, Mr. Bonner may be presenting a settlement proposal to the two of us in the near future. The substance of the proposal will be an offer to pay the "fudge factor" representing the • inaccuracy of Hutch, Inc.'s water meters. I believe some sort of audit or city verification of the accuracy of individual water meter readings will be part of the proposal. I would appreciate it if you would discuss with Randy DeVries the error factor in the old meters versus the new meters. If a reliable error figure is hard to come by, you may want to ask him whether 10 % will be acceptable. I would be curious as to whether or not the individual city council members would approve such a settlement. As you know, the Court has given Mr. Bonner two more weeks in which to provide discovery responses. If the discovery responses have not been received by me within that time, the settlement proposal issue is moot. Sincerely, PEDERSON, TELTON '-,Christopher A. Nelson CAN /sf • PUSTORINO, PEDERSON, TILTON & PARRINGTON • ATTORNEYS AT LAW SurtE 200 4005 WEST 65TH STREET MINNEAPOLIS. MINNESOTA 55435 -1765 TELEPHONE (612) 925 -3001 June 7, 1994 FAx (612) 9254203 The Honorable Thomas G. McCarthy Judge of District Court McLeod County Courthouse 830 11 th Street East Glencoe, MN 55336 RE: Hutch, Inc. v. City of Hutchinson Court File No: C3- 93.448 Our File No: GABC 13487 Dear Judge McCarthy: 'Peter J. Pustorino William R. Pederson *Louis R. Mass "Jon P. Paningtae Joel M. Muscopbt *Charles J. Nod •Kristin B. Maland Carol A. Kubic 7homas J. Misund; M. Chapin Hal Richard S. Stempel Roger H. WhVhaus Tamara G. Garda Jeffrey J. Lindquist Mark J. Weaver **Christopher A. Nelson •Alw Adndned m Wbcon® —A4a Ad W"ed N North DJan •At today's hearing you indicated that Plaintiff would have two weeks to either settle the case or provide discovery responses. After the hearing, Mr. Bonner and I had a conversation with the City Attorney, Barry Anderson. Unfortunately, there will not be time on the City Council's calendar to consider a settlement proposal until July. Therefore, even if Mr. Bonner is able to make a settlement proposal, it will not be able to be considered within the two week period. The three of us thought that you should be aware of this. Sincerely, PUSTORINO, PEDERSON, TILTON & P :er. ON stop e son CANIsf cc: John F. Bonner, III, Esq. . G. Barry Anderson, Esq. PUSTORINO, PEDERSON, TILTON & PARRINGTON ATTORNEYS AT LAW SurrE 200 4005 WFsT 65TH STREEt MINNEAPOLIS. MNNESOrA 55435-1765 TELEPHONE (612) 925 -3001 June 7, 1994 FAX (612) 9254203 Mr. Gary Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, MN 55350 -2522 RE: Hutch, Inc. v. City of Hutchinson Our File No: GABC 13487 Dear Mr. Plotz: •Peter J. Pustornro • William R. Pedersen •Louis R. Tat u "Jon P. Pa ... I" Joel M. Muscoplt •Charles J. Nod •Kristin B. Maland Carol A. Kubk Thomas J. Misurek M. Chapin Hal Richard S. Stempel Roger H. Willhaus Taman G. Garda Jeffrey 1. Lindquist Mark J. Weaver .*Christopher A. Nelson 'Alm Admillcd b Wirmwi "Alw AdmhW in Naelh DWr FOR YOUR INFORMATION On Tuesday, June 7, 1994 I attended a hearing in front of Judge McCarthy on the issue of our outstanding discovery requests. Plaintiff Hutch, Inc. has still not provided reasonable responses to our discovery requests served as long as one year ago. Judge McCarthy granted Plaintiff another two weeks in which to respond. If the responses are not forthcoming within that time, then the case will be dismissed with prejudice. The Court also vacated its current Scheduling Order, which had set a pretrial settlement conference on for July 8, 1994 and trial on July 12, 1994. Vacation of this Scheduling Order means that these two dates have been stricken from the calendar. In two weeks time, the Court will either dismiss or issue a new Scheduling Order setting a new trial date. I will provide you with an update in three weeks time. Sincerely, PUSTORINO EDERSON, TILTON & P TON Cs p . Ne son CAN /sf cc: Paul Ackland, Mayor Ken Merrill, Director of Finance Randy DeVries, Director of Waste Water Operations Dick Nagy G. Barry Anderson, Esq. • E PUSTORINO, PEDERSON, TILTON & PARRINGTON ATTORNEYS AT LAW • Sur 200 4005 WEST 65TH STREET MP N*EAPOHS, MINNESOTA 5$435-1765 TELEPHONE (612) 9253001 FAx (612) 925 -4203 Mr. Gary Plotz Citv Administrator Hutchinson City Center 111 Hassan Street S. E. Hutchinson, MN 55350 -2522 June 7, 1994 RE: Hutch, Inc. v. City of Hutchinson Our File No: GABC 13487 Dear Mr. Plow 'Peter J. Pustormo 8 William R. Pederson { 'Louis R. Tilton **Jon P. Parrington Joel M. Muscoplat 'Charles J. Noel 'Kristin B. Maland Carol A. Kubic Thomas J. Misurek M. Chapin Hall Richard S. Stempel Roger H. Willhaus Tamara G. Garcia Jeffrey J. Lindquist Mark J. Weaver — Christopher A. Nelson 'Ai. Admitted m W. --Also Admitted m North D"M FOR YOUR INFORMATION On Tuesday, June 7, 1994 I attended a hearing in front of Judge McCarthy on the issue of our outstanding discovery requests. Plaintiff Hutch, Inc. has still not provided reasonable responses to our discovery requests served as long as one year ago. Judge McCarthy granted Plaintiff another two weeks in which to respond. If the responses are not forthcoming within that time, then the case will be dismissed with prejudice. The Court also vacated its current Scheduling Order, which had set a pretrial settlement conference on for July 8, 1994 and trial on July 12, 1994. Vacation of this Scheduling Order means that these two dates have been stricken from the calendar. In two weeks time, the Court will either dismiss or issue a new Scheduling Order setting a new trial date. I will provide you with an update in three weeks Time. Sincerely, PUSTORINO EDERSON, TILTON & PARRIN G ON Co-pC�. Nelson CAN /sf cc: Paul Ackland, Mayor Ken Merrill, Director of Finance Randy DeVries, Director of Waste Water Operations Dick Nagy G. Barry Anderson, Esq. 0 C June 3, 1994 Ms. Dori Johnson 24754 Upsala Lane Hutchinson, MN 55350 SUBJECT: Two -Way Communications Building (First Avenue NW) Dear Dori: I have talked with Carlie Karg about the freeze up problems and subsequently visited at your building location with Mr. Karg to • discuss the problem in detail. The problem is the sanitary sewer freeze up, and it does not involve the water service. The sanitary sewer service line freeze up took place on three occasions this past winter. The freeze up did not involve the sanitary line between the building and the boulevard clean -out. The freeze up did involve approximately a 110 foot distance along the boulevard in a long -time existing 4 inch cast iron pipe that is 48 inches below the surface. The reconstruction of First Avenue NW did not involve replacing this existing 4 inch pipe in the boulevard, where the freeze up is happening. This 4 inch service line had been a problem prior to the reconstruction of Fourth Avenue, according to Mr. Karg. The solutions are all costly and, under current policy, would be the responsibility of the property owner. The current and longstanding policy is that the property owner is responsible for sewer service line out into the street to the point it hooks up to the large sanitary sewer main. The options to solve the problem are: 1. Continue to unthaw the service line on a as- needed basis. City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Fax(612)234 -4240 Fax(612)234-4240 Fax(612)587 -6427 - Pnc,rd n, rewrl,' ^nner - • Ms. Dori Johnson June 3, 1994 Page 2 2. Replace the longstanding 4 inch cast iron pipe in the boulevard, probably requiring the removal of the sidewalk and radius curbing. 3. Hook up to an existing sanitary sewer lateral that apparently comes in from the west for future service, if any, to the vacant city owned parking lot. The city believes this line is sufficient in depth to eliminate the freezing problem. Of the three alternatives, No. 1 would be the least expensive on a short -term basis; however, on a long -term basis the city's engineering department feels alternative No. 3 would be the least costly. The city engineering would work up a cost estimate for alternative No. 3 upon your request. Lastly, the work that the city did in the boulevard was only to install a 4 inch vertical clean -out, and according to Mr. Karg, had nothing to do with the freezing problem along the 110 foot horizontal path that had ice. Mr. Karg also thought that there was possibly less intense use, less sewer flow, and therefore, more of a chance of freeze up when a comparison is made between the water softening business, the number of employees as opposed to the two - way communication business, and the number of employees. Water usage rates could verify this thought. In summary, you have three options that I am aware of. Please let me know your feelings. Sincerely, CITY OF HUTCHINSON Gary D. Plotz City Administrator GDP: mjs Cc: John Rodeberg, Dir. of Eng. Mayor & Council Carlie Karg 0 C June 6, 1994 Mr. Robert Brandt 638 Bluff Street Hutchinson, MN 55350 Dear Mr. Brandt: FOR YOUR INFORMATION On behalf of the City of Hutchinson we would like to express a special "Thank you" for replacing the brickwork free of charge at the front of the Hutchinson City Center. . Your voluntary services are very much appreciated! Sincerely, HUTCHINSON CITY STAFF The Mayor and Council - via Marilyn Swanson - council packet . City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612)587 -2242 Fax(612)587 -6427 June 2, 1994 Hutchinson City Center 111 Hassan Street South Hutchinson, MN 5535 HUTCHINSON AREA CHAMBER OF COMMERCE 206 Main Street North • Hutchinson, MN 55350 Dear Mr. Plotz, Mayor Torgerson and City Council: (612) 587 -5252 On behalf of the Directors and Staff of the Hutchinson Area Chamber of Commerce, I would like to extend a heartfelt thanks for the lovely basket sent in recognition of the open house at our new facility. • The recognition and support expressed by you is truly uplifting and means a great deal to all of us. Feel free to call on us for any assistance you may need. Again, my sincere appreciation. Sincerely, Wendi C. Kruse President cc: Board of Directors • ACCREDITED .re R or mwtau TO: Mayor and Council FROM: Brad Emans, Fire Chief HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCH INSON, MINN ES0TA55350 MONTHLY CITY COUNCIL UPDATE May, 1994 The Fire Department responded to 34 calls in May, 8 calls came in one day. We answered calls to: Four house fires (all with only minor damage) One apartment fire (minor damage) Two vehicle fires Five medicals in the rural area Four accidents with injuries DRILLS FOR THE MONTH: Truck pumping practice Tested all our hose and repacked it Quick attack drill OTHER FIRE DEPARTMENT EVENTS: We assisted the Police Department with the Memorial Day Parade crowd. Fifteen people went down from heat. HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, May 2, 1994 The meeting opened at 8:15 p.m. The minutes were read and approved. Craig A. reported on banquet and coming summer cook -out. The bills and runs were read as follows: BILLS CITY AND RURAL ACCOUNT Bennett Office 21.94 Crow River Glass 23.86 Plowmans 1.86 Clarey's 85.38 Hillyard 45.37 Two Way Comm 106.45 Coast to Coast 1.59 Hutch Wholesale 4.73 Hutch Wholesale 30.15 Hutch Wholesale 4.31 Hutch Wholesale .87 Hutch Wholesale 7.14 Hutch Wholesale 2.98 Hutch Wholesale 18.70 Hutch Wholesale 27.30 Hutch Wholesale 2.96 Hutch Wholesale 10.64 Hutch Wholesale 63.30 Total $459.53 GENERAL ACCOUNT Jeff Nies 5.86 Hector F.D. 12.00 Bob &Beach Combers 1,500.00 Cty Ag Assn 500.00 Smoke -Eater 236.00 Chris Guggemos 30.00 Gary Henke 500.00 Municipal Liquor 226.21 Total $3,010.07 HUTCHINSON FIRE DEPARTMENT MINUTES 5/2/94 PAGE 2 RUNS 4/1 Stadther 4/21 Miller 4/2 Fahey 4/21 Page Phone 4/4 Medical 4/22 Anderson 4/6 Medical 4/22 Post 4/7 1st Bank of MN 4/22 Smith 4/9 Medical 4/23 McLeod Co. 4/10 Roberts Park 4/27 Rademacher 4/12 K -Mart 4/29 Medical 4/13 Paul 4/29 Mutual Aid (Cosmos) 4/15 Hutch Mall 4/30 Mutual Aid (Glencoe) 4/15 10 -52 4/4 Drill/Meeting 4/16 Athem 4/11 Fire Simulation 4/17 Sturges 4/25 Regional 4/21 Bums Manor 4/21 Karl A motion was made and seconded to approve bills and runs as read • Donovan Holtberg received a 60 day leave of absence starting April 19th. Brad E. and Department would like to thank Dan Steele and Brian Koelln for all their hard work with the Paulsen Family Benefit. Great job everybody! Brad Paulsen was put on a 1 year medical leave of absence effective 5 -2 -94. Motion was made and seconded not to pay for engraving on 20 year retirement rings. Meeting adjourned 9:25 P.M. Respectfully submitted by, Bob Schantzen Secretary - 006 • COUNTY RARY PIUNEERLANL•3,t SYSTEM COUNTY 5/25/94 MC LEUC COUNTY INTEGKATED FINANCIAL SYSTEM IFS570 PAGt 24 11:07:24 021 CITY STATEMENT OF REVENUES AND EXPENDITURES AS OF 4/30/94 EOn: 4/30/94 10:33:09 HUTLHINSON_ CURRENT YEAR CURRENT X OF X OF DESCRIPTION. _...._....___. __.. MONTH__. _. TO -DATE -. BUDGET. _. BOGT YEAR _ FUNDS REVENUES - RESERVE .00 tt .00 12,913.000R •s 0 33 -- -- - -- - -- CITY OPERATING _._ -. -__ 17 189.UO.. 'R , t■ 34,378.000R " 68975o.000R as SO 33 COUNTY OPERATING 9,8R3.50LR 19,767.0008 39,534.000P 50 33 STATE OPERATING JO . AU is FEDERAL OPERATING ,u0 +s ,00 ft CAPITAL .UO +♦ .OU ss 60.0008 p 0 33 GIFTS 100.000R a■ 626.0008 ss 390.00LR ss 161 33 _--- --- - - -- _INTEREST_...- ----- ---- .00 .00_._. D O-- fa CHARGES, FINES 1G.90CR +f 81.60CR sk LJPY MACHINE .00 tr .00 ♦t -. .___- _..... EQUIPMENT RENTALS 10.000A ++ 10.000R fk FAX MACHINE ,00 +s .00 sk BOOK SALES .JO as .00 ++ b00.000R ♦r 0 33 EXTENSION_ .00f•.._._ _._ .00 kf OTHER . UO ra - . 467 .3oCR ak TOTAL REVENUES 27,193.40CR •st 55,329.96CR stt 1229253.000R ta♦ 45 33 . _.. EXPENDITURES- __.. SALARIES AND WAGES 69021.33 ss 229998.15 ♦t 71,980.00 at 32 33 HEALTH INSURANCE 225.04CR is 329.08 +r 984.00 t♦ 33 33 __ -_ 4KA.LTH. INSURANCE . - ._.DEDUCTIBLE___ 32U.00 kt _ _ _ -_ 640.00.__ •E - 320000 s�_ 200 33 SS /PERA /MEDICARE 629.13 +a 2,401.22 s+ - 1,438.00 as 32 _ 33 ROOKS 1,ZO6.06 a♦ 4,792.33 f+ 20,000.00 as 24 33 PERIOJTCALS _- _ _ - bR2 .00 fa 2s926.91 ff 3,000.OD +a 99 33 VIDEO TAPES .GD of •00 s+ BINDINGS .00 is .00 a 100.00 ►« 0 33 OCLL ANQ_.OTHF.R. CHARGES__ - - _.00__- +!_._. ____. .00_.. st LOM VENDOR CHARGES ,00 sa - ,00 kk VEHICLE OPERATION .00 +a .00 ++ VEHICLE INSURANCE...- .UO as .00 Ik TELEPHONE AND LINE CHARGES .00 q .00 ♦t - POSTAGE AND SHIPPING 134.00 to 335.00 ft 900.00 tt 37 33 NEW EQUIPMENT .___. .00 _ of _ .00_ +a _ 6,000.00 ■a 0 33 MAINTENANCE AND CONTRACTS .UO f♦ .Op rr _ SUPPLIES AND PRINTING 4.54 +f 143.30 r+ 500.00 as 29 33 -- PROMOTIONAL AND PUBLICITY__.. _ .UO sk - 13.50 ++ 35.00 +r 39 33 MILEAGE AND MEETINGS - STAFF .00 t♦ .00 st MILEAGE AND MEETINGS - TRUSTEES .00 as .00 a♦ _ PROF ..MEMBERSHIPS._.__________. -.. -_ .OQ.. •t _._.. ...__.___ .DO_ WORK COMP /PROPERTY /LIABILITY INSURANCE .00 s+ 19100.98 ++ 1,694.00 ss 65 _--- 33 AUS AND LEGAL NOTICES .00 as .00 at AUDITING.._..__._.__ _____.. ___ -.__. - _ _._ _. _. 56.U6 +f_ 56.06 +r 63.00 ss 89 33 BOOKKEEPING 9.09 +s 36.36 sa 113.00 rs 32 33 CONTINUING EDUCATION .00 rs .00 s* __EXTENSIUN_ CONTRACTS _ _.________.GO___ +s________- _- _..O(1_..s•__ STATE SALES TAX .00 to .00 s+ -__._ 39.00 ar 0 33 TOTAL EXPENDITURES 8.837.17 sss 35,671.89 aas 1139166.00 sat 32 33 TOTAL FUNDS 16,356.23CR kqt 19,658.07CR ata=t 90087.0008 tsar -. 216. -. 33..