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cp03-08-1994 c• AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 8, 1994 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Dan Cloeter, Our Savior's Lutheran Church 3. CONSIDERATION OF MINUTES REGULAR MEETING OF FEBRUARY 8, 1994 AND FEBRUARY 22, 1994 Action - Approve as distributed - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - FEBRUARY 1994 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF FEBRUARY 15, 1994 • 3. LIBRARY BOARD MINUTES OF FEBRUARY 17, 1994 (b) RESOLUTIONS AND ORDINANCES (1) ORDINANCE NO. 94 -104 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADOPTING SECTION 6.41 TO THE CITY CODE ENTITLED "TATTOOING" AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPTION) (2) ORDINANCE NO. 94 -105 - AMENDMENT TO ZONING ORDINANCE NO. 464, SECTIONS 8.12, 8.14 AND 8.15 REGARDING TATTOO ESTABLISHMENTS, MASSAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS (SECOND READING AND ADOPTION) (3) RESOLUTION NO. 10163 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, PROJECT NO. 94 -19 (MCDONALD DRIVE /EAST OF HARVEST STREET TO MOBILE HOME PARK) (4) RESOLUTION NO. 10164 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT, PROJECT NO. 94 -19 • CITY COUNCIL AGENDA - MARCH 8, 1994 • (5) RESOLUTION NO. 10165 - RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT, PROJECT NO. 94 -27 (HURON STREET SANITARY SEWER /SECOND AVE. SE TO SOUTH) (6) RESOLUTION NO. 10166 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT, PROJECT NO. 94 -27 (c) APPOINTMENTS (1) SENIOR ADVISORY BOARD - JOHN AUL & TERESA HATTEN (2) PLANNING COMMISSION - GLENN MATEJKA (3) LIBRARY BOARD - JOYCE BEYTIEN (4) PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD - (d) AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND OPERATION (ADOPT RESOLUTION NO. 10167) Action - Motion to approve consent agenda items • 5. PUBLIC HEARING - 8:00 P.M. (a) PROJECT NO. 94 -04, LETTING NO. 4 (SOUTH GRADE ROAD /OTTER LAKE CROSSING) Action - Motion to close hearing - Motion to reject - Motion to approve and order preparation of plans and specifications - Motion to waive reading and adopt Resolution No. 10161 (b) PROJECT NO. 94 -06, LETTING NO. 6 (OSGOOD /HAYDEN ADDITIONS AND ADJACENT AREAS) Action - Motion to close hearing - Motion to reject - Motion to approve and order preparation of plans and specifications - Motion to waive reading and adopt Resolution No. 10162 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION OF 1993 CRIME REPORT BY CITY ATTORNEY AND ASSISTANT CITY ATTORNEY Action - K • 0 CITY COUNCIL AGENDA - MARCH 8, 1994 0 7. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF CITY CENTER STORAGE SHELVES Action - Motion to reject - Motion to approve (b) CONSIDERATION OF RECEPTION DESK MODIFICATIONS AT CITY CENTER Action - Motion to reject - Motion to approve (c) CONSIDERATION OF APPLICATION FOR TRANSIENT MERCHANT LICENSE FROM CLOTHING CONCEPTS, INC. Action - Motion to reject - Motion to approve and issue license (d) CONSIDERATION OF APPLICATION FOR SOLICITORS LICENSE FROM PREMIER PORTRAITS INTERNATIONAL INC. Action - Motion to reject - Motion to approve and issue license (e) CONSIDERATION OF REQUEST FROM AIRPORT COMMISSION TO APPROVE USE OF CONTINGENCY FUNDS FOR CONSULTING SERVICES WITH TKDA RELATED TO PHASE II AIRPORT EXPANSION PRELIMINARY APPLICATION Action - Motion to reject - Motion to approve and enter into agreement (f) CONSIDERATION OF CONSULTING AGREEMENT WITH RUST ENVIRONMENT AND INFRASTRUCTURE REGARDING COMPREHENSIVE SANITARY SEWER PLAN Action - Motion to reject - Motion to approve and enter into agreement 3 CITY COUNCIL AGENDA - MARCH B, 1994 is (g) CONSIDERATION OF CONSULTING AGREEMENT WITH RUST ENVIRONMENT AND INFRASTRUCTURE REGARDING WATER SUPPLY CONSULTING SERVICES Action - Motion to reject - Motion to approve and enter into agreement (h) DISCUSSION OF DATE FOR OPEN HOUSE AT CITY CENTER Action - 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 12. ADJOURNMENT • u 4 • • • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 8, 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 Larry Johnson. 3. MINUTES The minutes of the regular meetings of January 11, 1994 and January 25, 1994 and bid opening minutes of January 18, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JANUARY 1994 2. LIBRARY BOARD MINUTES OF JANUARY 6 & 20, 1994 (b) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 10151 - RESOLUTION FOR PURCHASE 2. ORDINANCE NO. 94 -99 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (PARKSIDE SECOND ADDITION) (SECOND READING AND ADOPTION) 3. ORDINANCE NO. 94 -100 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP (MCKIMM TRANSIT) (SECOND READING AND ADOPTION) 4. ORDINANCE NO. 94 -101 - AN ORDINANCE REVISING ZONING ORDINANCE NO. 464 FOR THE CITY OF HUTCHINSON (SECOND READING AND ADOPTION) 5. ORDINANCE NO. 94 -102 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 10.32, SUBD. 1 GOVERNING MINNESOTA UNIFORM FIRE CODE; AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST READING AND SECOND READING FEB. 22, 1994) 01�e CITY COUNCIL MINUTES - FEBRUARY 8, 1994 6. ORDINANCE NO. 94 -103 - 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 (SAM MONTGOMERY PROPERTY - -52.3 ACRES) (FIRST READING AND SECOND READING FEB. 22, 1994) 7. RESOLUTION NO. 10153 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO MAKE APPLICATIONS TO THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES ON BEHALF OF THE CITY (c) PAY EQUITY REPORT (d) STREET LIGHT ON HARMONY LANE The motion to approve the consent agenda was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. (a) PROJECT NO. 94 -21, 94 -22 & 94 -23, LETTING NO. 11 • Mayor Torgerson called the public hearing to order at 8 :00 P.M. and read the Notice of Hearing on Proposed Improvement for Letting No. 11. Engineer Rodeberg reviewed the area to be improved. Charlene Anderberg, property owner of 141 Fifth Avenue NE, inquired about Fifth Avenue being a truck route. She stated she was against the project. The City Engineer responded the street is not suited for heavy truck traffic since it has never had a permanent surface. There are designated truck routes on Sixth Street to the north and Fourth Street to the south. Alvin Exsted, property owner of 215 Sixth Avenue NE, stated he would not be assessed for improvements because he had been assessed for curb and gutter on Bluff Street and Sixth Avenue and a new street on Waller Drive. Mr. Exsted thought the City should do something about the street or else close off the east end. Ron Telecky, 607 Bluff Street, commented that in 1976 the bituminous surface was never laid because the project 2 • • CITY COUNCIL MINUTES - FEBRUARY 8, 1994 contractor was behind schedule. Clarence Hoodecheck, 317 Boulder Street, noted he was representing his parents. They preferred to delay the project, if possible. Wesley Anderson, 153 Fifth Avenue NE, wondered if Bremix trucks would continue to use Fifth Avenue as a truck route. He asked if the street would be torn up again. Mr. Anderson voiced opposition to the project. Engineer Rodeberg commented that Fifth Avenue is a truck route. However, if the project is approved, the street will be signed "No Trucks." Jerry Carrigan, 15 Fifth Avenue NE, noted he would like a stop sign installed to protect the small children in the area. He raised a question about a previous assessment. Dean Dietel, property owner of 125 Fifth Avenue NE, stated truck traffic has torn up the street. He felt there was a need for a street improvement, but he just • paid off assessments. Martin Prieve, 55 Fifth Avenue NE, inquired about the storm sewer on Fifth Avenue. He noted the drain located by his property plugs so that water runs across the street. Mr. Prieve suggested the City put in a drain to resolve the problem. Floyd Schaefer, 6 Fifth Avenue NE, stated that in the past two years there has been heavy truck traffic on Fifth Avenue. He asked if he would be assessed for the City repairing the intersection problem the State did not correct. Charles Munz, 75 Fifth Avenue NE, questioned if Fifth Avenue would become a traffic route when work is done on Hwy. 7. Engineer Rodeberg reported the State determines a bypass route one year prior to the date of the project. Art Retzlaff, 79 Fifth Avenue NE, asked about the water lines. He stated that once a year it was necessary to have a roto router open up his lines. He also noted that the water was poor quality when it was first turned on in • the morning. 3 CITY COUNCIL MINUTES - FEBRUARY 8, 1994 Cl 7. 8. 9. Deann Brinkman, 149 Fifth Avenue NE, wondered what the stakes were for which were located on her property and down the street. She inquired about the time frame of the project. Joan Kutzke, 476 Prospect Street, expressed agreement that the street needed to be repaired. Her driveway is located at the top of a steep incline. Ms. Kutzke noted a rotten odor from her water pipes. Richard Schumann, 486 Prospect Street, inquired about the assessments on connections. The motion to close the hearing at 8:50 P.M. was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. The motion to approve and order preparation of plans and specifications and to waive reading and adopt Resolution No. 10150 was made by Council Member Mlinar, seconded by Council Member Craig, and unanimously carried. COMMUNICATIONS REQUESTS AND PETITIONS None. RESOLUTIONS AND ORDINANCES SEE CONSENT AGENDA UNFINISHED BUSINESS None. NEW BUSINESS (a) CONSIDERATION OF ADDITIONAL ITEMS FOR CITY CENTER The City Engineer recommended the following proposals be accepted: Water Softener - The Saltman Cabinetry - Insulated Overhead Garage Door Door - Automatic $1,450.00 4,825.00 754.00 The motion to approve as recommended was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. • • 4 • • CITY COUNCIL MINUTES - FEBRUARY 8, 1994 (b) CONSIDERATION OF AWARDING BID FOR OUTDOOR WARNING SIRENS Following discussion, the motion to approve the low bid from Federal Warning Systems in the amount of $42,512.14 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. The motion to authorize advertisement for bids for installation of the warning sirens was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (c) CONSIDERATION OF PROPOSAL FOR CERTAIN LEGAL SERVICES Following discussion, the motion to approve the proposal by Rider, Bennett, Egan & Arundel for labor and employment legal services was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (d) DISCUSSION OF LUCE LINE TRAIL AND HUTCHINSON PROJECT (BICYCLE AND PEDESTRIAN FRIENDLY) STATUS • Engineer Rodeberg reported there was potential federal funding in 1994 -95 to cover about 80% of the project costs for the Otter Lake /South Grade Road bicycle and pedestrian crossing and the completion of the main portion of the Luce Line Trail improvements, which would include the survey and acquisition of the remainder of the route and paving the entire project within the city. The City will need to fund the remainder. Following discussion, the motion to approve the application for federal funding was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. • (e) DISCUSSION OF FEDERAL (ISTEA) FUNDING The City Engineer reported on changes in the federal highway funding program and how it has affected the city's projects. No action was required. (f) CONSIDERATION OF CHANGE ORDER NO. 4 FOR CITY CENTER Engineer Rodeberg reviewed the additional items on the changer order for a total of $3,133.00. Following discussion, the motion to approve the change 5 CITY COUNCIL MINUTES - FEBRUARY 8, 1994 • order was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (g) CONSIDERATION OF PETITION FOR IMPROVEMENT PROJECT NO. 94 -06, HAYDEN AND OSGOOD ADDITIONS It was reported that a petition for local improvement was received from the property owners in Hayden and Osgood Additions. The petition meets the requirements of Minnesota Statutes for requiring preparation of a report and ordering a public hearing. Following discussion, the motion to approve the petition and order a report and to set a public hearing for March 8, 1994, at 8:00 P.M. and to waive reading and adopt Resolution No. 10152 was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. (h) CONSIDERATION OF CONSULTANT AGREEMENT WITH OSM FOR BRIDGE ENGINEERING SERVICES FOR BLUFF STREET AND FIFTH AVENUE SE BRIDGES Following discussion, the motion to approve the Orr • Schelen Mayeron & Associates contract for bridge engineering services of the preliminary design phase for the Bluff Street and Fifth Avenue SE bridges was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (i) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT BY DOUGLAS PETERSON The motion to approve and issue the permit was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reminded the Council of the two upcoming joint meetings on February 10 with the Hospital/ Nursing Home Board at 7:00 P.M. and the County /Township Officials at 8:00 P.M. The joint meeting with the Utilities Commission is scheduled for March 8 at 5:30 P.M. The City Administrator reported on the cost to hire a • 6 . CITY COUNCIL MINUTES - FEBRUARY 8, 1994 facilitator to coordinate the Council's long -range planning retreat on March 1. Mr. Plotz reported the co- composting grant application had made it through the first selection phase. Also, the grant application for an educational program on composting through the school system had passed the preliminary approval. The City has advertised for an Assistant Public Works Director, and applications have been received. It was noted Tom Eakins was seeking insurance coverage for his skydiving business in Hutchinson, but it was not resolved to date. (b) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON Council Member Erickson gave an update on HRA housing. (c) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar inquired about an agenda for • Thursday night's joint meeting. (d) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commended the Police Department on the manner in which they responded to a recent emergency situation. He commented that the City needs to pursue a four lane highway into Minneapolis and not give up on the project. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the relocation of a downtown business and that the required conditional use permit will be acted on at the March Planning Commission meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from appropriate funds was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. • 7 CITY COUNCIL MINUTES - FEBRUARY 8, 1994 • 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:22 P.M. • 8 • • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 22, 1994 1. The meeting was called to order by Mayor Torgerson at 7:30 P.M. 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 Harold Biederman. 3. MINUTES The minutes of the bid opening of January 25, 1994 and February 8, 1994 were approved as distributed. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY 1994 2. PLANNING COMMISSION MINUTES OF JANUARY 18, 1994 • 3. AIRPORT COMMISSION MINUTES OF FEBRUARY 1, 1994 4. TREE BOARD MINUTES OF JANUARY 27, 1994 5. HOSPITAL /NURSING HOME BOARD MINUTES OF DECEMBER 21, 1993 AND JANUARY 20, 1994 6. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF JANUARY 18, 1994 7. HUTCHINSON HOUSING, INC. MINUTES OF JANUARY 18, 1994 8. SENIOR ADVISORY BOARD MINUTES OF JANUARY 20, 1994 (b) REPORT OF CITY INVESTMENTS (c) RESOLUTIONS AND ORDINANCES I. ORDINANCE NO. 94 -102 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 10. 32, SUBD. 1 GOVERNING MINNESOTA UNIFORM FIRE CODE; AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPTION) • 6�1 CITY COUNCIL MINUTES - FEBRUARY 22, 1994 • 2. ORDINANCE NO. 94 -103 - 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 (SAM MONTGOMERY PROPERTY - -52.3 ACRES) (SECOND READING AND ADOPTION) 3. RESOLUTION NO. 10154 - RESOLUTION OF APPRECIATION 4. RESOLUTION NO. 10155 - RESOLUTION TO ADOPT AND SUPPORT THE MCLEOD COUNTY VIOLENCE PREVENTION PLAN 5. RESOLUTION NO. 10158 - RESOLUTION RECEIVING REPORT AND CALLING FOR HEARING ON IMPROVEMENT, LETTING NO. 4, PROJECT NO. 94 -04 (SOUTH GRADE ROAD /OTTER LAKE CROSSING) 6. RESOLUTION NO. 10159 - RESOLUTION AMENDING RESOLUTION NO. 10152, RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, LETTING NO. 6, PROJECT NO. 94 -06 7. RESOLUTION NO. 10160 - RESOLUTION RECEIVING REPORT • AND CALLING FOR HEARING ON IMPROVEMENT, LETTING NO. 6, PROJECT NO. 94 -06 (OSGOOD AND HAYDEN ADDITIONS AND ADJACENT AREAS) (d) DELINQUENT WATER AND SEWER ACCOUNTS (e) RENEWAL OF CLUB LIQUOR LICENSES 1. AMERICAN LEGION 3. ELKS 2. CROW RIVER COUNTRY CLUB 4. V.F.W. (f) OFFICE FURNITURE FOR POLICE DEPARTMENT (9) APPLICATION FROM HUTCHINSON FIRE DEPARTMENT FOR PUBLIC DANCE ON APRIL 23, 1994 (h) AMENDMENT TO ZONING ORDINANCE SECTIONS 8.12, 8.14 AND 8.15 REGARDING TATOO ESTABLISHMENTS, MASSAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS REQUESTED BY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (FIRST READING OF ORDINANCE NO. 94 -105 AND SECOND READING MARCH 8, 1994) 2 • • CITY COUNCIL MINUTES - FEBRUARY 22, 1994 (i) PRELIMINARY PLAT SUBMITTED BY KEVIN COMPTON AND DENNIS KAHL FOR HUNTER'S RIDGE LOCATED ON SCHOOL ROAD AND SOUTH GRADE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10156) (j) CONDITIONAL USE PERMIT AND REVISED FINAL PLAT REQUESTED BY TERRENCE SWEDZINSKI FOR OAKRIDGE ADDITION TO BE KNOWN AS HUSKI ADDITION FOR CONSTRUCTION OF 48 UNITS LOCATED ON TEXAS AVENUE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION (ADOPT RESOLUTION NO. 10157) (k) FINAL PLAT OF HIEKES ADDITION, HUTCHINSON TOWNSHIP, TWO MILE RADIUS WITH NO RECOMMENDATION FROM PLANNING COMMISSION (REFER TO COUNTY) (1) AGREEMENT WITH STATE OF MINNESOTA FOR TRI- AGENCY BUILDING The motion to approve the consent agenda items, with the exception of 4 -c (3 & 4), was made by Council Member Mlinar, seconded by Council Member Erickson and unanimously carried. The motion to waive reading and adopt Resolution No. 10154 was made by Council Member Mlinar, seconded by Council Member • Peterson and unanimously carried. Mayor Torgerson then presented the Resolution of Appreciation to John Reynolds. Police Chief Steve Madson reported on the McLeod County Violence Prevention Plan. The motion to adopt the plan was made by Council Member Erickson and seconded by Council Member Mlinar. Council Member Erickson amended the motion that the Police Chief present to the City Council a report on the outcome of the plan after 60 days. Amended motion seconded by Council Member Mlinar and unanimously carried. The main motion carried. 5. PUBLIC HEARING None. 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) DISCUSSION OF PROPOSALS FOR FACILITATOR AT CITY COUNCIL WORKSHOP Following discussion, the motion to engage Government Training Service (GTS), with Barbara Arney serving as facilitator, and to set a cap of $900 was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. • CITY COUNCIL MINUTES - FEBRUARY 22, 1994 • 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 94 -104 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING SECTION 6.41 TO THE CITY CODE ENTITLED "TATTOOING" AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS Following discussion, the motion to waive first reading and set second reading for March 8, 1994 was made by Council Member Erickson, seconded by Council Member Craig and unanimously carried. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF SETTING DATE FOR HUTCHINSON BOARD OF REVIEW Following discussion, the motion to approve and set the date of April 27, 1994, at 4:30 P.M., for the Board of • Review was made by Council Member Erickson, seconded by Council Member Mlinar and unanimously carried. (b) CONSIDERATION OF FINANCIAL ADVISORY SERVICES PROPOSAL FROM FAHEY WARD & WILES AS CITY FINANCIAL CONSULTANT Bill Fahey, President of Fahey Ward & Wiles, presented a proposal on financial advisory services for the City of Hutchinson. The City Council took under advisement the proposal presented. (c) CONSIDERATION OF ENERGY AUDIT OF CIVIC ARENA Following discussion, the motion to approve the energy audit proposal by Bonestroo, Rosene, Anderlik & Associates for a cost not to exceed $3,500 was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (d) CONSIDERATION OF APPROVING EXHIBITIONS BY DOOLEY AIR SHOWS DURING 1994 MCLEOD COUNTY FAIR Following discussion, the motion to approve the exhibitions was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 4 • • CITY COUNCIL MINUTES - FEBRUARY 22, 1994 (e) CONSIDERATION OF FLOOD REDUCTION GRANT APPLICATION FOR SIMONSON'S LUMBER Following discussion, the motion to approve the grant application was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. (f) CONSIDERATION OF CONTRACTING WITH APPRAISER Engineer Rodeberg requested approval for an appraiser to complete appraisals for the following properties: (1) Hutchinson Area Transportation Services (HATS) Facility property, (2) property adjacent to HATS site and the compost facility, and (3) Simonson's Lumber property at Adams Street and First Avenue NE. Following discussion, the motion to approve an appraiser was made by Council Member Craig, seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING is Engineer Rodeberg presented a list of the proposed 1994 improvement projects. It was suggested an informational meeting be held, and the Finance Director review bonding indebtedness and its relationship with HRA. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz alluded to Bill Fahey's proposal and suggested the City solicit bond consultant proposals and rate schedules. He stated it had been about 10 years since the City had reviewed its financial advisor's services. The motion to proceed with receiving proposals for financial consultants was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. Mr. Plotz reported on the composting seminar he attended in Wisconsin. He mentioned that on March 14, at 9:30 A.M., there was going to be a two hour meeting regarding co- composting. RUST will review the City's program, and the County will report on its plan. • The City Administrator stated he and the City Attorney 5 CITY COUNCIL MINUTES - FEBRUARY 22, 1994 0 had met with Tom Eakins regarding his skydiving business at the Hutchinson Municipal Airport. There is a liability issue, and the item will be placed on the next Council agenda. It was reported that since only two Utilities Commissioners will be able to attend the scheduled March 8 joint meeting, perhaps the Council will want to consider another date. (c) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON Council Member Erickson commented on a shortage of space for coats during special meetings. (d) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON Council Member Peterson noted the Library Board was researching signage for the library. She inquired about available funding or procedures regarding this matter. (e) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR Council Member Mlinar suggested using March 8 as an in- • house meeting at which time information could be provided regarding finances and bonds, and John Rodeberg could present his annual report. Following discussion, the motion to meet on March 8, 1994, at 5:30 P.M. for the City Engineer's annual report and at 6:15 P.M. with the HRA was made by Council Member Mlinar, seconded by Council Member Peterson and unanimously carried. (f) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commented on the City's various boards and the amount of time and effort donated by board members to serve on them. (g) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson made reference to the cable television renewal process and suggested the creation of a more formal cable board. Mayor Torgerson directed the City Attorney to prepare an Ordinance establishing a Cable Advisory Board for the March 8 Council meeting. 6 • 0 CITY COUNCIL MINUTES - FEBRUARY 22, 1994 (h) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON Mayor Torgerson acknowledged with thanks a 1940 plat map donated to the City of Hutchinson by Paul and Jean Ackland. The Mayor inquired about the status of moving the Sheppard house. 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. • E There being no further business, the meeting adjourned at 8:45 P.M. 7 • • • 9 Aaua u.efii.... .... .........�__ . ryr C• ♦W Yt OOMblMRM61YI6 rs/n ..Iw.namrA PRIN Y. e111.AP...IINirO FEBRUARY 1991 Arr swM.lr wr/ r w w/ •sp•r Yrill/ s G•RI REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION ISJtR6 27 ♦ 9999 66s 1 B 24 9999 62136 JAMES RARKA BLDG OFFICIAL FOR CITY OF OOTCRIOSOR ff IXb.ldrpwAsylltm~eforWad r lNww eL01 A'NI''/II/ /�Ap NUTCNINSON cri CTR 111 NASSAN ST S HUTCHINSON AD 35356 ❑ ONCOn1inN0 uNr9 R•Illllf. ❑ II.O.E WO.IWhW •Y/..n ❑ spm nro ero. N •I.Mnb ❑ Anlr.•d Ilrtl..Y PLEASE CONFIFTE AND NAIL I N/O aN•r cfl•np•. TN15 FORM ON OR BEFORE AAR CN ♦ 199♦ a^°a'^'`I/"M /'/+c•/��I[ MrM1M Cam fir ti awKkxIy. F, Xlne/EO• —r� 0 +6 C/4. �p.�ol. joh.n.//9N A 71 a2-00 IaDll ]63 -72 N. NEW RESIDENTIAL PRIVATELY OWNER PYRLICLYOWM[O NOUSEKEEPINO IN Mnb,d M ad DUILDINOi ewrb�i, do V.Io/061 R cO .w DNi1 one 6160116. � 1.1 OI Id 101 I. 111 1 1 ESi1yr1.NV11ft• .•etl1.0 NtfoWnppib A/nll/. 101 f.ntil 1101e••..f1.[INO - 5/p..e0 BF fPOI/14 ro f mf 1.Y. -S•o.m fN•GNY /Y•f.M.r1EVf/fY rfNf/b. ICwV•.A uNlp••q..l• 1 101 T.of•.t, tx 6 1W vl• M1.N -1•NWy 611mC 10E F^'• °'^on f/miv bIR01i• lOB TOTAL -R/.. •/101 -too— 109 CHRIM NEW RESIDENTIAL I PRVATELY OWNED PONICtYOWNED NONNOUSEKEEPINO f11n1a/r a1 Mu"N. °1 DUILD1110i Man V1/eun of VJu•.on of poobs KD11n�011L:C0 EWI RN R••n. c•N.frvcmn Om/ mb 1•I ICI Icl I/1 1•I 111 I.I IIawN. nlotW..q i.liM RDiN/ 1= •IV•111 KCRIMwU•tlorb bW l 212 061r 11M/ N* 1M.. 214 NEW PRIYATEtT OWNED PU6LICLY OWNED NONRESIDENTIAL {UILDINO{ Nov Nu Vrwuon0 NumC. V.M rf .of No. el c•mnucal of eambuclim hwd9. Ont bCNCp 0`0 O•rro bl ICI IU 1/1 NI AnC./1nrn..oriY..1/nb•.uenY it L]yc11•••Na aD1•rr ail InalsbiN 1320 Woln I " Na.u•/I 321 s/.v No. .M1•o•i19.IR1•. an HImpiNgi •^^:mhubN•I at o1Ra. b•1h...na mfNV .•1 a24 P10tc.oA• tmi RN• am Scbo NW/N.•lueniolW .n/cw.1w•.•iR. 327 Dow n.••/I0.1B.I NVAINP am RN. fA. ADDITIONS, INIVAT LY OWNED PORLICLT OWNED ;u VW.Ue1r Nuns. VYrtln or CONV11TNK9i.AND CONVERSIONS No of of mAncun e/111auctl.n bAd.p OnYf e•ns hadow On/ro fb 1.1 ICI Ief 1/1 W RuawluM -CA fv M06.b of .vc•.POfeln n/1N /aB. 434 1 4,400 No1•sa•nOY.q roNn.e.k•.p19 ♦a] 2 5 3DO AAeuo.n wn•:E.11i•I96NP• aM coon. I.n.nr/•nOMlfrJr01 ♦i6 o pen is oti a wt On .00 NEABECONT/AREONAEV[ASfi! x ",1-14(1) • E DEMOLITIONEANO P Alfl ED PWLICLT RAZING OE wlrr I6.1"of BUILDINGS •+ti � El+.ly I�w Y IN w Ib Of fmiy houus lnm.'*C.Ik Y.I.eh.Jl be boll af10 four- f.11ay - M -mbt ImOy builcloW Ao ofMr Wi10- bb.lructulw INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT 0600.000 OR MORE PI.W bOViC.UI.f.E..nnliM01n1bi0n fb..dl V.IIIn mmntwycbyuvlhbh r.I bt5O0AO0bIllb. EntbW n uclion I tlrpfyl N. hbn M hr a han D..Onpfsll w.. bld.aa ... 0 . vr,.mlla NC 0 w+..tKfi0b Mfrtm 110 iW1blt. I -IV on. bl tbl Icl UI Ia Ifl I I BUG d arty ___- ._____ ------ t K.M a - ---------------- _---------------- _ ------ t Sitl d arlry -------------------- __ Oftivm - _- ________ t � K.tl a laity � ----------------------------------- '-----_------ — --- -------- — KM a ara:y --- ------------------- ------ ❑ftirm sh. m... - Ofua of _ ❑wi m SYb tlw b •• ______ ____________ ______________ t K a drily _________________-------------- Owhm t K.r a arty ____________ ___ t .tl o Sli16y — --------------------------------- -- __________ Sh.bbw _- --------------------------------- t amnrin. Any br af/fIf1.K1tM.a.i..y111P Oho Ovb- R. lhaKlKrl.nf.. bll. Of fHl 10 IxOnm fegfwdO E ths..oOh JNEU G- Marta T .Ophofl. TOW Mbmb fF.nOb E.bmy. Building Official 612 234 -1216 0 HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING FEBRUARY 15, 1994 MINUTES I. CALL TO ORDER: 2:00 P.M. STAFF CONFERENCE ROOM CITY CENTER Secretary Treasurer Tammy Wendlandt called the meeting to order. Members present: Joel Kraft and Shirley Wass with John Paulsen and Don Erickson arriving thereafter. Members absent -none. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING= There being no additions or corrections, Shirley Wass moved that the minutes be approved as submitted. Joel Kraft seconded and the motion carried unanimously. III. CONSIDERATION OF STATUS OF ACCOUNTS FOR PARK TOWERS • PROJECT AND HHRA GENERAL FUND Budget status and monthly disbursements were reviewed. Shirlev Wass moved that the financial statements be approved as submitted; Joel Kraft seconded and the motion carried unanimously. IV. SECTION 23 /PARK TOWERS PROJECT 1. There are no tenant accounts receivable and no vacancies. An ad will be put in the newspaper due to our limited waiting list. 2. Update on 1992 Ciap Window Project. On February 2nd, all the windows were inspected and a list of work needing to be completed by Gopher State Contracting has been compiled and sent to Gopher State Contracting. The goal is to have this work completed within one month. A revised CIAP budget was presented for review and approval showing that any funds remaining will be put towards exterior stucco repair and painting and office computers. A new contract will be issued for this work. Joel Kraft moved that the revised budget be approved as submitted; Shirley Wass seconded and the motion carried unanimously. 3. 1993 Ciap Elevator Project. A continuing contract with PBA for elevator work was reviewed. Shirley Wass moved that the Architectural /Engineering services contract be approved as submitted. Tammy Wendlandt seconded and the motion carried unanimously. V. HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR REPORT 1. The Coordinator is waiting to reconcile the commercial loan reports with Ken Merrill's records but feels in talking , �/- A,(= -) • HRA Regular Board Meeting, February 15, 1994 Page 2 to DTED that another Small Cities grant can be obtained but the application must be made through the HRA. The Coordinator was tFe­n requested to submit a pre - application to DTED for the Small Cities program and present to the next Board meeting a strategy and timetable for submitting a new application. 2. The Valley Vista Rental Rehab project is waiting for MHFA approval to use HOME Rental Rehab funds in LIPRHA projects. 3. The request to MHFA for grant funds to rehab the Shepherd house has been declined. Before the next Board meeting, however, Connie and John will walk through and make a recommendation regarding HRA involvement in moving the house. VI. PUBLICLY OWNED NEIGHBORHOOD LAND TRUST PROJECT 1. Barry Anderson is working on the development agreement with Peace Lutheran and is waiting to get in touch with Greg Baron and Mark Ruff regarding their recommendations. 2. Appraisals and review appraisals have been completed. 3. Offer letters will be sent out by the end of February . based on appraisals and contingencies recommended by Barry Anderson. The Board directed that an offer not be made for the vacant lot until we know that the other offers will be accepted. The Boitrd also dlrucLed LhttL- Lila offer Lo Panes Lutheran be $32,000 which is an amount they stated as satisfactory to them in the past. VII. ESSENTIAL FUNCTION BOND PROJECT STATUS 1. A site has been optioned south of Christ the King Church for the general occupancy townhouse and apartment project. 2. A meeting will be held with the hospital board at 5:30P.M regarding the use of essential function bonds as a potential financing mechanism for assisted living. 3. Laura Eckholm, Vice - President at Miller Schroeder spoke about the Single Family Mortgage Revenue Bond Program and how local housing authorities may utilize the housing pool and /or unified pool to provide money for first time homebuyers. The HRA would have to request an allocation and make an application to MHFA by March 28th for the Housing Pool. The Unified pool becomes available in August if any funds from the Housing Pool remains. The income limits and purLtase �:°1-e limits for the Unified Pool would be very workable for Hutchinson. Laura Eckholm also gave a brief synopsis of essential function bonds. Miller Schroeder's role would be to act as underwriter of the issue and prepare the offering prospectus etc. VIII. OTHER BUSINESS • Huthinson HRA Regular Board Meeting, February 15, 1994 Page 3 1. 1994 HRA Workplan and 1993 Workplan Outcomes Joel Kraft moved to approve the 1994 Workplan; Tammy Wendlandt seconded and the motion carried unanimously. 2. The HRA Board meeting with the Hutchinson City Council is scheduled for February 22 at 6:30 P.M. 3. The request by HCDC to evaluate the Simonson site for housing was discussed by the HRA. The recommendation by the Board is that this site may have potential for senior housing but in light of the Peace Project that would not be needed for many years. IX. ADJOURNMENT There being no further business, John Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary Treasurer LJ Hutchinson Libary Board Meeting Thursday, February 17, 1994 Members Present: L. Ladd, B. Scherer, M Henke, D. Brunner, R. Johnson, S. Opatz, K. Peterson, J. Beytien The city has approved our recommendation for the purchase of one computer system and after research by R. Johnson, the purchase order was revised to buy the computer from Bennett Office Products, Willmar,MN. On the recommendation of Roy and Dolores, with their supporting research, the motion was made and passed to purchase the other two units from the same company, Bennett Office Products. (K. Peterson, B. Scherer) The motion was made and passed (B. Scherer, D. Brunner to purchase the printers through Office Max. Dolores reported on the information given to the paper on library circulation and information concerning future purchases from SAMMY. Mary Henke will be speaking at the Kiwanis meeting and also passing out the library survey there. At our next meeting on Thursday, March 10 the board will discuss and evaluate the library survey and further investigate the possibility of a sign for the Library on Main Street. Meeting adjourned. Joyce Beytien, Secretary, Hutchinson Library Board u • ORDINANCE NO. 94 -104, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING SECTION 6.41 TO THE CITY CODE ENTITLED "TATTOOING" AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 6.41, to be known as "Tattooing" shall read as follows: Subd. 1. Definitions. "Tattooing" shall mean the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. Subd. 2. License Required. No person shall conduct any establishment where tattooing is done, nor engage in the act of tattooing, without being licensed under this section. No person shall engage in the practice of tattooing at any place other than the place or location named or described in the license granted by the City. No person shall be granted a license under this chapter who is not of good morale character and free from communicable disease. • Subd. 3. Application for License. Any person desiring a license under this Chapter shall file with the City Administrator, on a form provided by the City, a written application signed by the applicant and containing the name of the applicant, if an individual, the names of co- partners, if a partnership, and if a corporation, the names of the principal officers of the corporation, together with a brief description of the place or location at which such business is to be conducted, along with such other information routinely required by the City Administrator in connection with applications for business licenses. Subd. 4. License Fee. The annual fee for a license to engage in the practice of tattooing shall be set by resolution of the City Administrator beginning in calendar year 1995. The annual license fee for calendar year 1994 shall be $150. Subd. 5. License Term. All licenses issued under this section shall expire on December 31 of the licensing year. Subd. 6. Tattooing of Minors. No person shall tattoo any person under the age of eighteen (18) except in the presence of, and with the written permission of, a parent or legal guardian of such persu::. Subd. 7. Health and Sanitary Requirements. No person shall • engage in the practice of tattooing at any place within the City of Hutchinson without complying with the following regulations: • A. Every place where tattooing is done shall be equipped with a sewer and water connected toilet and hand basin or sink. The hand basin or sink shall be supplied with hot and cold running water under pressure, and shall be maintained in good working order at all times, it shall be kept in a clean and sanitary condition. B. No person having any skin infection or other disease of the skin or any communicable disease shall be tattooed. C. All equipment including needles, knell bars, tubes, pigment and receptacles, stencils, razors and razor blades, shall be kept in a dust proof glass case when not in use. D. All needles and operating instruments shall be individually pre - packaged, pre - sterilized and disposable. No such equipment shall be used on more than one customer, but shall be discarded in a safe and sanitary manner after its first use. E. All bandages and surgical dressings used in connection with tattooing of any person shall be individually pre - packaged, pre - sterilized and disposable. F. Every person who practices tattooing shall wear clean, white colored, washable outer garments when engaged in the practice of tattooing. • G. Every person who practices tattooing shall wash his or her hands thoroughly with soap and water and then dry them in a clean, unused towel before and after each tattooing. The customer's skin shall also be thoroughly cleansed with soap and water and disinfected by an antiseptic solution before the use or application of any tattooing instrument or equipment. H. Whenever it is necessary to shave the skin, a safety razor must be used. A new blade must be used for each customer. The razor shall be cleaned with soap and water after each use and shall be kept in a closed case when not in use. All electric hair clippers shall be sanitized by a method approved by the Commissioner of Health. I. Pigments used in tattooing shall be sterile and free from bacterial and noxious agents and substances. The pigments used from stock solutions for each customer shall be placed in a single service receptacle and such receptacle and remaining solution shall be discarded in a safe and sanitary manner after use on each customer. J. Every person to be tattooed shall be asked whether he or she has had viral hepatitis in the preceding six months. No person suspected of presently having viral hepatitis or having had viral hepatitis within the last six months, shall be tattooed without the • written consent of a licensed physician. K. No place used for the practice of tattooing shall be used • 1J • or occupied for living or sleeping quarters or for any purpose other than tattooing. L. There shall be a minimum of 150 square feet of floor space at the place where the practice of tattooing is conducted and such place shall be adequately ventilated and lighted. All tables, chairs and operating furniture shall be constructed of metal with white enamel or porcelain finish or stainless steel, and shall be kept in a clean and sanitary condition. M. No person shall practice tattooing while under the influence of alcohol or drugs. No customer shall be tattooed while under the influence of alcohol or drugs. N. A person tattooed shall be provided with written instructions on the approved care of the tattoo during the healing process. Section 2. City Code Chapter 1 entitled "General Provision and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 8th day of March, 1994. Mayor Attest: City Administrator Published in the Hutchinson Leader this _ day of 1994. First reading: Second reading: • ORDINANCE NO. 94 -105 AMENDMENT TO ZONING ORDINANCE NO. 464, SECTIONS 8.12, 8.14 AND 8.15 REGARDING TATTOO ESTABLISHMENTS, MASSAGE ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464. SECTION 2. That Sections 8.12 (C -4 District) , 8.14 (I -1 District) and 8.15 (I -2 District) are amended with the following addition: CONDITIONAL PERMITTED USES Tattoo establishments, massage establishments and adult oriented entertainment facilities are permitted by conditional use only in the C -4 (Fringe Commercial), I -1 • (Light Industrial) or I -2 ( Heavy Industrial) districts. SECTION 3. This ordinance shall take effect from and after its passage and publication. Adopted by the City Council this 8th day of March, 1994. ATTEST: Gary D. Plotz City Administrator C� Marlin Torgerson Mayor CITY OF HUTCHINSON . 37 WASHINGTON AVENUE WEST HUTCHINSON, HN 55350 ENGINEER'S REPORT DATE: March 3rd, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Project No. 94-19 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on the 22nd day of March, 1994. Project No. 94 -19: McDonald Drive from 140' West of Jackson Street to a point 750' West of Jackson Street 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. • Construction Cost Engineering/ Administration (16%) Fiscal /Legal /Capitalized Interest (8 %) ESTIMATED TOTAL ------------ - - - - -- Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL - -- JPR /PV 0 S 60,000.00 S 9.600.00 S 4,800.00 S 74.400.00 $ 74,400.00 S S S 74,400.00 -�/-I65 ( -) RESOLUTION NO. 10163 • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 94 -19 WHEREAS, it is proposed to improve McDonald Drive from 140' East of Jackson Street to a point 750' West of Jackson Street by the construction of storm sewer, sanitary sewer, sewer services, watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the Director of Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 8th day of March, 1994. LJ City Administrator • Mayor RESOLUTION NO. 10164 • RESOLUTION RECEMNG REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT N0. 94 -19 WHEREAS, pursuant to a resolution of the Council adopted March 8th, 1994, a report has been prepared by the Director of Engineering, with reference to the improvement of McDonald Drive from 140' East of Jackson Street to a point 750' West of Jackson Street by the construction of storm sewer, sanitary sewer, sewer services watermain, water services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. Said report was received by the Council on March 8th, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $74,000.00. 2. A public hearing shall be held on such proposed improvements on the 22nd day of March, 1994, in the Council Chambers of the City of Hutchinson at 8100 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. • Adopted by the Hutchinson City Council this 8th day of March, 1994. City Administrator Mayor 11-A (y) CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MN 55350 ENGINEER'S REPORT DATE: March 3rd, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Project No. 94 -27 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on the 22nd day of March, 1994. Project No. 94 -27: Huron Street from 2nd Avenue SE to 3rd Avenue SE by construction of sanitary sewer, sewer and water services and appurtenances. Construction Cost Engineering /Administration (168) Fiscal /Legal /Capitalized Interest (88) . ESTIMATED TOTAL ----------------- Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL S 10,900.00 S 1,700.00 $ 900.00 ------- S 13,500.00 S 13,500.00 -- --- -- S 13,500.00 . Portion of property is railroad owned. Railroad share would be approximately $3,500. NOTE: Project is proposed to be added to Project 93 -07, as a Change Order since projects are in same area. JPR /PV • A/3rlS) RESOLUTION NO. 10165 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT N0.94 -27 WHEREAS, it is proposed to improve Huron Street from 2nd Avenue SE to 3rd Avenue SE by the construction of sanitary sewer, sewer & water services and appurtenances; WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,MINNESOTA: THAT, the proposed improvement be referred to the Director of Engineering for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 8th day of March, 1994. City Administrator 0 Mayor RESOLUTION NO. 10166 toRESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PROJECT NO. 94 -27 WHEREAS, pursuant to a resolution of the Council adopted March 8th, 1994, a report has been prepared by the Director of Engineering, with reference to the improvement of Huron Street from 2nd Avenue SE to 3rd Avenue SE by the construction of sanitary sewer, sewer and water services and appurtenances. Said report was received by the Council on March 8th, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $13,500.00. 2. A public hearing shall be held on such proposed improvements on the 22nd day of March, 1994, in the Council Chambers of the City of Hutchinson at 8:00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 8th day of March, 1994. 0 City Administrator • Mayor )1-z6'(0 Agreement No. %688 F is AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND OPERATION AT THE HUTCHINSON MUNICIPAL AIRPORT The State of Minnesota and City of Hutchinson agree as follows: (Name of Municipality) 1. The Municipality will keep at least one paved runway, associated taxiway, and apron area cleared of snow and ice for safe use of aircraft using wheels. The paved runway shall be kept clear for its full length and width, and snowbanks kept down so that aircraft wings will clear them, and runway and threshold lights will remain visible. 2. The Municipality will maintain the runways in good order by performing maintenance work, including, but not limited to, the following: a. Crack filling and patching of surfaced runways, taxiways, and aprons. b. Mowing grass on landing strips and around lights. The grass must be mowed at least 7 feet beyond the lights, and at no time may the grass exceed 6 inches in height on landing areas. c. Maintain beacon and runway lights or markers, and rehabilitate them when necessary. d. Fertilizing and seeding as necessary to prevent erosion. e. Maintain clearance in approach zones in conformance with • Chapter 8800.1200 of the Department of Transportation, Program Management Division, Office of Aeronautics, "Minnesota Rules." f. Replacing windsock when necessary. g. Maintain the drainage and fencing systems. The Municipality shall provide at least two yard -type lights in the building /aircraft tie down area and shall keep the area lighted from dusk to dawn. The Municipality shall also keep the airport property clear and free of debris. At airports where aviation fuel is dispensed, at least one 20- pound, dry- powder fire extinguisher shall be available in the vicinity of the fuel pump. 4. The airport must pass periodic inspections performed by a representative of the Office of Aeronautics for compliance with the rules of the Department of Transportation and for compliance with this Agreement. If the airport is not so maintained, then no reimbursement shall be made hereunder. The State will reimburse the Municipality for 2/3 of th e actual maintenance and operation costs not reimbursed b y source, not to exceed a base amount of $12,000 of State fiscal year. �J direct, any other aid for each T —_D1 6. The State will reimburse the Municipality for 2/3 of all expenses associated with registration and attendance to maintenance training • functions, including the Minnesota Aviation Symposium, not to exceed a supplemental amount of $300 of State aid for each fiscal year. 7. The Municipality shall submit a breakdown of its costs incurred hereunder to the Director, Office of Aeronautics, on forms supplied by him. In any and all events, costs must be submitted to the Director, Office of Aeronautics, on or before August 1 for each fiscal year ending June 30. No requests received after August 1 for the preceding fiscal year will be honored by the Director, Office of Aeronautics. The Director, Office of Aeronautics, reserves the right to reject items that may not be eligible for reimbursement, and reimbursement may be denied entirely if the airport is not properly maintained in accordance with this Agreement. 8. The Municipality has established a zoning authority for the airport, and such authority is in the process of and will complete, with due diligence, an airport zoning ordinance in accordance with Minnesota Statutes 360.061 to 360.074. 9. This Agreement is in effect for the fiscal years 1993 -1994 and 1994 -1995. It may be terminated at any time upon 30 days' written notice by either party. APPROVED: 1. MUNICIPALITY CITY OF HUTCHINSON By: Title: .Mayor By: Title: City Administrator 2. DEPARTMENT OF TRANSPORTATION OFFICE OF AERONAUTICS 3. APPROVED AS TO FORM AND EXECUTIO 4. By: Director 5. Date: Assistant Attorney General OF ADMINISTRATION By: Authorized Signature Date: DEPARTMENT OF FINANCE By: Authorized Signature Date: • • 0 • TYPICAL RESOLUTION Authorisation to Execute Mn /DOT Agreement for Maintenance and Operation Be it resolved by the City of Hutchinson (City /County /Airport Commission) as follows: 1. That the State of Minnesota Agreement No. "Agreement for State Aid for Airport Maintenance and Operation at the Hutchinson Municipal Airport" is hereby accepted. 2. That the Mayor and City Administrator (Mayor /Chairperson) (Clerk /Secretary) are hereby authorized and directed to execute said Agreement No. fl000b on behalf of the City of Hutchinson , and to execute and affix their signatures to any and all further required documents pertinent hereto, and all amendments thereof. I, Gary D. Plotz , City Administrator of the City of Hutchinson , do hereby certify that the foregoing resolution is a true and exact copy (Corporate Seal as duly passed by the City Council or Notary) of Hutchinson, Minnesota and recorded in the minutes of a regular meeting held on the 8th day of March , 19 94 , at which meeting there was present a quorum of the council. Signature: (Clerk or Equivalent) �r February 22, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON. MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612)!587-409r, RESIDENT ATTORNEY O. BARRY ANDERSON Re: Tattooing Ordinance Our File No. 3188 -87031 & 3188 -94256 Ol COUNSEL WILIIAI[ W. CAMERON RAYMOND C. LALLIER 5881 CEDAR I.AEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800-343-4545 PAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 PAX (612) 389-5506 1 FW FEB1Ii a RFMVEZ Dear Gary: • I am enclosing herewith for Council action this evening a proposed ordinance regulating tattoo operations. No such operations presently exist in the City of Hutchinson, but inquiry has been made of City staff on this issue and it was my feeling that a licensing statute would be helpful in protecting the health and safety of the residents of the City of Hutchinson. Acting on fairly short notice, I have put together such an ordinance and I enclose the same for action by the City Council this evening. I would suggest that a first reading be held this evening and a second reading at the next regularly scheduled City Council meeting. Please do not hesitate to contact me should you have any questions in connection with the foregoing. Thank you. Best regards. Very truly yours, ARN:2r LD, OWEL ��� G. y �deron GBA:lm • Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION _ DAVID B. ARNOLD •STEV N A." WELL STEVEN A. ANDE850N O. BARRY ANDERSON' STEVEN S. HOOE LAURA R. PRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES ITILEY RICHARD O. WOES CATHRYN D. HEUER OINA M. BRANDT February 22, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON. MINNESOTA 55350-2563 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612)!587-409r, RESIDENT ATTORNEY O. BARRY ANDERSON Re: Tattooing Ordinance Our File No. 3188 -87031 & 3188 -94256 Ol COUNSEL WILIIAI[ W. CAMERON RAYMOND C. LALLIER 5881 CEDAR I.AEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800-343-4545 PAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 PAX (612) 389-5506 1 FW FEB1Ii a RFMVEZ Dear Gary: • I am enclosing herewith for Council action this evening a proposed ordinance regulating tattoo operations. No such operations presently exist in the City of Hutchinson, but inquiry has been made of City staff on this issue and it was my feeling that a licensing statute would be helpful in protecting the health and safety of the residents of the City of Hutchinson. Acting on fairly short notice, I have put together such an ordinance and I enclose the same for action by the City Council this evening. I would suggest that a first reading be held this evening and a second reading at the next regularly scheduled City Council meeting. Please do not hesitate to contact me should you have any questions in connection with the foregoing. Thank you. Best regards. Very truly yours, ARN:2r LD, OWEL ��� G. y �deron GBA:lm • Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION _ NO. • AN ORDINANCE OF THE C Y OF HUTCHI N, MINNESOTA, ADDING BECTION 6.41 TO THE CITY CODE E TING" AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 6.41, to be known as "Tattooing" shall read as follows: Subd. 1. Definitions. "Tattooing" shall mean the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. Subd. 2. License Required. No person shall conduct any establishment where tattooing is done, nor engage in the act of tattooing, without being licensed under this section. No person shall engage in the practice of tattooing at any place other than the place or location named or described in the license granted by the City. No person shall be granted a license under this chapter who is not of good morale character and free from communicable disease. Subd. 3. Application for License. Any person desiring a license under this Chapter shall file with the City Administrator, on a form provided by the City, a written application signed by the applicant and containing the name of the applicant, if an individual, the names of co- partners, if a partnership, and if a corporation, the names of the principal officers of the corporation, together with a brief description of the place or location at which such business is to be conducted, along with such other information routinely required by the City Administrator in connection with applications for business licenses. Subd. 4. License Fee. The annual fee for a license to engage in the practice of tattooing shall be set by resolution of the City Administrator beginning in calendar year 1995. The annual license fee for calendar year 1994 shall be $150. Subd. 5. License Term. All licenses issued under this section shall expire on December 31 of the licensing year. Subd. 6. Tattooing of Minors. No person shall tattoo any person under the age of eighteen (18) except in the presence of, and with the written permission of, a parent or legal guardian of such person. Subd. 7. Health and Sanitary Requirements. No person shall engage in the practice of tattooing at any place within the City of Hutchinson without complying with the following regulations: • A. Every place where tattooing is done shall be equipped with • a sewer and water connected toilet and hand basin or sink. The hand basin or sink shall be supplied with hot and cold running water under pressure, and shall be maintained in good working order at all times, it shall be kept in a clean and sanitary condition. B. No person having any skin infection or other disease of the skin or any communicable disease shall be tattooed. C. All equipment including needles, knell bars, tubes, pigment and receptacles, stencils, razors and razor blades, shall be kept in a dust proof glass case when not in use. D. All needles and operating instruments shall be individually pre - packaged, pre - sterilized and disposable. No such equipment shall be used on more than one customer, but shall be discarded in a safe and sanitary manner after its first use. E. All bandages and surgical dressings used in connection with tattooing of any person shall be individually pre - packaged, pre - sterilized and disposable. F. Every person who practices tattooing shall wear clean, white colored, washable outer garments when engaged in the practice of tattooing. . G. Every person who practices tattooing shall wash his or her hands thoroughly with soap and water and then dry them in a clean, unused towel before and after each tattooing. The customer's skin shall also be thoroughly cleansed with soap and water and disinfected by an antiseptic solution before the use or application of any tattooing instrument or equipment. H. Whenever it is necessary to shave the skin, a safety razor must be used. A new blade must be used for each customer. The razor shall be cleaned with soap and water after each use and shall be kept in a closed case when not in use. All electric hair clippers shall be sanitized by a method approved by the Commissioner of Health. I. Pigments used in tattooing shall be sterile and free from bacterial and noxious agents and substances. The pigments used from stock solutions for each customer shall be placed in a single service receptacle and such receptacle and remaining solution shall be discarded in a safe and sanitary manner after use on each customer. J. Every person to be tattooed shall be asked whether he or she has had viral hepatitis in the preceding six months. No person suspected of presently having viral hepatitis or having had viral hepatitis within the last six months, shall be tattooed without the • written consent of a licensed physician. K. No place used for the practice of tattooing shall be used or occupied for living or sleeping quarters or for any purpose other than tattooing. L. There shall be a minimum of 150 square feet of floor space at the place where the practice of tattooing is conducted and such place shall be adequately ventilated and lighted. All tables, chairs and operating furniture shall be constructed of metal with white enamel or porcelain finish or stainless steel, and shall be kept in a clean and sanitary condition. M. No person shall practice tattooing while under the influence of alcohol or drugs. No customer shall be tattooed while under the influence of alcohol or drugs. N. A person tattooed shall be provided with written instructions on the approved care of the tattoo during the healing process. Section 2. City Code Chapter 1 entitled "General Provision and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this Attest: City Administrator Published in the Hutchinson Leader this 1994. First reading: Second reading: day of February, 1994 day of • • 0 PUBLICATION NO. 4628 • NOTICE OF HEARING ON PROPOSED IMPROVEMENT LETTING NO. 4 PROJECT NO. 94 -04 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8:00 P.M. on the 8th day of March, 1994, to consider the making of an improvement of Otter Lake Crossing from Lakewood Drive to South Grade Court by the construction of trunk sanitary sewer, lift station, watermain, bike /walking trail and appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. The estimated Assessable Cost of said improvement is $650,000.00 with an estimated $150,000.00 Federal Aid Cost, for the total estimated cost of $800,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: February 22nd, 1994. • City Admi trator \J PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, FEBRUARY 24TH, 1994 AND THURSDAY, MARCH 3RD, 1994. 711 • 1994 PUBLIC HEARINGS Otter Lake Crossing /South Grade Road Letting No. 4 /Proiect No. 94 -04 Estimated Assessments STREET /RESTORATION $ 12 -18 /FF $ 15 WATER SERVICE $600 -900 /each $ 800 SANITARY SEWER SERVICE $600 -900 /each $ 800 WATERMAIN LATERAL $20 - 24 /FF $ 22 WATERMAIN TRUNK CONNECT $150 -200 /Lot $ 175 SANITARY SEWER LATERAL $20 - 24 /FF $ 22 SANITARY SEWER TRUNK $450 -575 /Lot $ 500 TYPICAL COST PER 100' LOT Street /Restoration $ 1,500 Water, sewer service (to lot line) $ 1,500 Watermain: Lateral $ 2,200 Trunk $ 175 Sanitary Sewer: Lateral $ 2,200 Trunk $ 500 ESTIMATED TYPICAL TOTAL $ 8,075 NOTES: Deferred assessments will be noted to areas outside of the City Limits. ,<1 r RESOLUTION NO. 10161 • RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO.4 PROJECT NO. 94 -04 WHEREAS, a resolution of the City Council adopted the 22nd day of February, 1994, fixed a date for a Council Hearing on the improvement of Otter Lake Crossing from Lakewood Drive to South Grade Court by the construction of trunk sanitary sewer, lift station, watermain, bike /walking trail and appurtenances. AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 8th day of March, 1994, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOVI THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 22nd day of February, 1994. 2. John P. Rodeberg is hereby designated as the Engineer for this • improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 8th day of March, 1994. Administrator r Mayor PUBLICATION NO. 4629 • NOTICE OF HEARING ON PROPOSED IMPROVEMENT LETTING NO. 6 PROJECT NO. 94 -06 0 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8:00 P.M. on the 8th day of March, 1994, to consider the making of an improvement of Hayden Avenue, Osgood Avenue, Fischer Street, Lake Street from Roberts Road to 2nd Avenue SW and Lewis Avenue from Lake Street to 1000' East by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefitted property, for which property owners shall receive mailed notice. The estimated City Cost of said improvement is $250,000.00 with an estimated $250,000.00 Assessable Cost, for the total estimated cost of $500,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: February 22nd, 1994. City Administrator � PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, FEBRUARY 24TH, 1994 AND THURSDAY, MARCH 3RD, 1994. 11 • 1994 PUBLIC HEARINGS Osgood and Hayden Additions, Lake Street and Adjacent areas (Project No. 94 -06) Estimated Assessments ITEM RANGE AVERAGE STREET IMPROVEMENTS $32 - 39 /FF $ 36 WATER SERVICE $500 -700 /each $ 600 SANITARY SEWER SERVICE $500 -700 /each $ 600 STORM SEWER TRUNK $0.03- 0.05 /SF $ 0.04 TYPICAL COST PER 100' LOT Street $ 3,600 Watermain Service $ 700 Sanitary Sewer Service $ 700 Storm Sewer 5 440 ESTIMATED TYPICAL TOTAL $ 5,240 NOTES: ► The City pays for all Watermain and Sanitary Sewer Lateral Replacement. P. The City pays for all sideyard (up to 1501) and intersections for street improvements. P. Lots which have paid for assessments on adjoining streets will be credited for previous assessments, pursuant to City Policy. p . . RESOLUTION NO. 10162 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 6 PROJECT NO. 94 -06 WHEREAS, a resolution of the City Council adopted the 22nd day of February, 1994, fixed a date for a Council Hearing on the improvement of Hayden Avenue, Osgood Avenue, Fischer Street, Lake Street from Roberts Road to 2nd Avenue SW and Lewis Avenue from Lake Street to 1000' East by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 8th day of March, 1994, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the resolution adopted the 22nd day of February, 1994. • 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 8th day of March, 1994. City Administrator LJ Mayor �7 s. • CITY OF RUTCHINSON 1993 CRIME REPORT • Prepared by: Hutchinson City Attorney, G. Barry Anderson Assistant City Attorney, Gina M. Brandt 0 • 1993 City Attorney Summary Statement By local ordinance and state law, the City Attorney is charged with prosecutorial responsibility for all petty misdemeanors, misdemeanors, and gross misdemeanor violations within the city limits. Over the course of the last several years, the volume of cases prosecuted has increased dramatically. As a result of this pressure, Gina Brandt was added to the staff of Arnold & McDowell. In 1993, the City of Hutchinson appeared at: Arraignments Rule 5 and Rule 8 Hearings Bail Hearings Order to Show Cause Hearings Revocation Hearings Pre -Trial Conferences Omnibus Hearings Settlement Conferences Trials Sentencing Hearings • During 1993, the City of Hutchinson explored and put into practice several new sentencing recommendations to the Court. One example is: Safe Streets First: an intensive program for repeat DUI offenders where the offenders complete jail time, treatment for their alcohol problem, aftercare and support groups and electronic in -home monitoring. The majority of this program is paid for by the offender and the remainder by grants from the First Judicial District. In order to keep the City fully informed of current laws and trends in city criminal activity, Ms. Brandt attended and became a part of: 1993 DWI Seminar Minnesota Traffic Law Institute MADD Victims Impact Panel State of Minnesota DWI Task Force In 1993, the City Attorney's office formulated and produced: Updated Police Commission Rules and Regulations City of Hutchinson DUI Forfeiture Policy and Procedure • Legislative Update and Training for the Police Department The City Attorney's office is currently developing and will have ready to put into practice in March of 1994: City of Hutchinson Domestic Violence Victim Policy City of Hutchinson Trespass Policy in joint partnership with the city retail merchants, the Police Department and the City Attorney's office. n U • 1993 FORMAL COMPLAINTS REPORT During 1993, 551 formal complaints were issued on behalf of the City of Hutchinson. This was an increase of 138 from 1992, when 413 formal complaints were issued. 1993 Assault 5th Degree . . . . . . . . . . . . . . . . . . . 16 Account Closed . . . . . . . . . . . . . . . . . . . . . 1 Allowing unlicensed driver to operate vehicle . . . . . . . . . . . . . . . . . . . 1 Alteration of Prescription for Legend Drug . . . . . . . . . . . . . . . . . . . . . 1 Alteration of Registration . . . . . . . . . . . . . . . 1 Careless Driving . . . . . . . . . . . . . . . . . . . . 2 Criminal Damage to Property . . . . . . . . . . . . . . . 6 Contributing to Delinquency of Minor • 2 Display /Possession of Another Driver's License . . . . . . . . . . . . . . . . . . . . 1 Driving After Suspension . . . . . . . . . . . . . . . . 10 Driving Under the Influence . . . . . . . . . . . . . . . 23 Driving After Revocation . . . . . . . . . . . . . . . . 8 Defrauding Innkeeper . . . . . . . . . . . . . . . . . . 2 Disorderly Conduct . . . . . . . . . . . . . . . . . . . 7 Escape from Custody . . . . . . . . . . . . . . . . . . . 1 Fail to Quiet Barking Dog . . . . . . . . . . . . . . . . 2 Fail to Notify Owner of Property Damage. . . . . . . . . 1 Fail to Give Information .in Motor Vehicle Accident . . . . . . . . . . . . . . . . 1 FalseName . . . . . . . . . . . . . . . . . . . . . . . 3 • Fraud in Application forDriver's License . . . . . . . . . . . . . . . . . . 1 Gross Driving Under the Influence. . . . . . . . . . . . 30 Harass by Letter . . . . . . . . . . . . . . . . . . . . 1 Hit & Run Property Damage Accident . . . . . . . . . . . 2 Dangerous Weapon on School Property. . . . . . . . . . . 3 No Registration . . . . . . . . . . . . . . . . . . . . . 1 Leaving Scene of Property Damage Accident . . . . . . . . . . . . . . . . . . . . . 5 Littering . . . . . . . . . . . . . . . . . . . . . . . . 1 Noise ordinance (City) . . . . . . . . . . . . . . . . . 1 No Driver's License . . . . . . . . . . . . . . . . . . . 7 NoInsurance . . . . . . . . . . . . . . . . . . . . . . 3 No child restraint . . . . . . . . . . . . . . . . . . . 1 NSF Check . . . . . . . . . . . . . . . . . . . . . . . . 311* • Obstruction of Legal Process . . . . . . . . . . . . . . 4 Open Bottle . . . . . . . . . . . . . . . . . . . . . . . 5 Operation of All Terrain Motor Vehicle . . . . . . . . . . . . . . . . . . . . . . 1 Possession of Stolen Property . . . . . . . . . . . . . . 1 Possession of Police Scanner . . . . . . . . . . . . . . 1 Possession of Marijuana . . . . . . . . . . . . . . . . . 1 Possession of Hypodermic Syringes. . . . . . . . . . . . 1 Refusal to Test . . . . . . . . . . . . . . . . . . . . . 8 Dog Running at Large . . . . . . . . . . . . . . . . . . 1 School Bus Stop Arm . . . . . . . . . . . . . . . . . . . 10 Seat belt violation . . . . . . . . . . . . . . . . . . . 1 Semaphore Violation . . . . . . . . . . . . . . . . . . . 1 • Speed . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Snowmobile Violation . . . . . . . . . . . . . . . . . . 3 0 Stalking Transporting Fire Arm in Motor Vehicle . . . . . . . . . . . . . . . . . . . Theft . . . . . . . . . . . . . . . . . . . . . . . . . Trespass . . . . . . . . . . . . . . . . . . . . . . . Unregistered Vehicle Use . . . . . . . . . . . . . . . Underage Consumption . . . . . . . . . . . . . . . . . Violation of Harassment Order . . . . . . . . . . . . . Violation of Order for Protection. . . . . . . . . . . Vehicle Impound . . . . . . . . . . . . . . . . . . . . TOTAL • *NSF Complaints issued in 1992 - 253. 1 2 28 4 3 8 1 6 1 551 a 1993 Tab Charges Report Tab charges are citations issued by the City of Hutchinson Police Department, the McLeod County Sheriff's Department, and the Minnesota State Patrol occurring within the city limits of Hutchinson. The City Attorney's office becomes involved with these charges when the individual pleads not guilty, therefore necessitating legal representation on behalf of the City of Hutchinson. The totals set forth below reflect only those cases where the City, through the City Attorney's office actually appeared. Assault........ ... ............................... 9 Assault ( domestic) .. ............................... 15 Building Without Proper Permits ..................... 1 CarelessDriving ..... ............................... 1 Carrying Passenger on Moped ......................... 1 Contributing to Delinquency of a Minor .............. 1 • Damage to Property ... ............................... 1 Disorderly Conduct ... ............................... 8 Driving After Cancellation .......................... 4 Driving After Revocation ............................ 11 Driving After Suspension ............................ 5 Driving Under the Influence of Alcohol .............. 66 Exhibition Driving ... ............................... 1 ExpiredRegistration . ............................... 6 Failure to Display Current Registration ............. 1 NoRegistration ...... ............................... 1 Failure to Provide Pr6of of Insurance ............... 6 Failure to Yield ..... ............................... 1 Harassment Restraining Order Violations ............. 1 0 Hit and Run .......... ............................... 1 Illegal Acts by Person Under 21 ..................... 1 IllegalLane Use ..... ............................... IllegalU- turn ....... ............................... ImproperTurn ........ ............................... Interferewith Privacy .............................. Littering............ ............................... No MN Driver's license .............................. No Parking (Between 2 & 6 a.m.) ..................... No Proof of Insurance ............................... NoProof of Tabs ..... ............................... NoSafety Inspection . ............................... NoSeat Belt ......... ............................... Obstruction of Justice .............................. • Open Bottle .......... ............................... OverCenter Line ..... ............................... Parkingon Wrong Side ............................... Refuse /Junk & Nuisance Violations ................... Revoked License Plates .............................. SchoolBus Stop Arm .. ............................... 1 1 1 1 1 3 4 2 4 1 1 2 8 1 2 2 3 4 Secured Load ......... ............................... 1 Semaphore ............ ............................... 8 Speeding ............. ............................... 18 Theft........ .............................. 2 Theft ( shoplifting) ............................... 13 Trespass............. ............................... 4 Under Age Consumption ............................... 7 Violation of Order of Protection .................... 1 Wrong Way Down a One -Way Street ..................... 1 TOTAL 239 • • March 3, 1994 C MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: CITY CENTER STORAGE SHELVES The storage area in City Center was not bid with shelving. We had opted to contract for this on our own. A bid was solicited for racks and shelving which would allow use of bankers boxes and would allow easy access to any storage box required. This area would be for the necessary storage of past years records and be safe and protected type storage. The system proposed would also allow future expansion of the system by additional racks on top of the existing racks where spaced permitted. The proposal is for USED steel "good qualtiy" racking from SJF of Winsted would be installed by their crews. Cost of this proposal is $4,105.00 plus tax and would be for the racking as detailed on the attached layout. The cost of new racking has been estimated at least double this cost. It would be requested of the City Council to authorize the purchase of the racks. City Hall 37 Washington Avenue West (6I2) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 9- A 0 RS ro " j ® �aceo.•Y i s J z f uc ✓RyY ' FFJV� -M s• {rl�R& I Cei Lu,j I� i j • ltvtT �ec�u -= moon 1 jZuN f�•X36Yx L�'" ggtcr,o� �`! `Sv�9LiES 7 Stc too �1. 12uN !2 "u36r X &'30 9' j SCC7-+o.uS �1 +31 � Do..rt� RAN r� "x3c "R613� sECr.e�7 3A se'erro.s q, sn�ue3 ® No Saes iNj S v "x /o aoXcs (�, �J j l2ur✓ �y ° X 34- x 3 �•�t -io�+s �� C r j TV S- s�r"ks er '7'3" q 5,� ;pool n j rem IV �Yp x3G•• X 13n +S n p ,V AI„ F3 c'• K D gc�tro C 11 A March 3, 1994 MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT:RECEPTION DESK MODIFICATIONS Since installation of the reception desk and credenza we find need of some modifications to the units. In addition some problems will be address at no charge as they would be part of the warranty work. The modificaitons would provide for additional work space found necessary and proper employee space for a comfortable enviroment. A meeting with a representative of Custom Craft, manufacture of the unit, and Mike Derrig, WOLD Archiets, resulted in the attached list. We would request City Council approval of the request. Estimated cost would be approximately $1,600. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on rccvcled paper - Police Department 10 Franklin Street South (612) 587 -2242 9 -� S pip 7. lea. A4 ZAV:P- 50. Ao - 3sw°° .Ze- . H ol !' /r��i••y A t 74,- /aS� �% yyon•,��n Awe- s E x ;o" Itr' - E 0 M E M O R A N D U M March 1, 1994 TO: Steve Madson, Police Chief FROM: Marilyn J. Swanson, Admin. Secretary SUBJECT: Background Check for Transient Merchant License • The City has received an application for a transient merchant license from Clinton J. Kraft, dba Clothing Concepts, Inc. Please provide the City Council with a background check on this individual and the business he represents. Since this item will be on the City Council Agenda for March 8, 1994, I will appreciate receiving the report and the attached application no later than Tuesday, March 8. Thanks for your assistance. Enc. Ll 9 -e_ , • MEMORANDUM TO: Chief Steve Madson FROM: Sgt. Ronald Kirchoff DATE: March 4, 1994 RE: Transient Merchant License Upon Completing the investigation on the application for Transient Merchant License presented by Clayton J. Kraft representing Clothing Concepts Inc., I have received the following information: Mr. Kraft provided very limited information because he did not successfully compete the application form. I was unable to successfully complete several of my investigative inquiries because of the incomplete application. In reviewing the application as was provided by Mr. Kraft he names Al Koglin as a character reference. In speaking with Mr. Koglin he states that he has never been associated with Clayton J. Kraft of Clothing Concepts Inc.. Clothing Concepts Inc. is listed as a Lexington, Kansas company. I requested the State of Minnesota Consumer Division to check if either Clayton J. Kraft or Clothing Concepts Inc. was registered to sell in the State of Minnesota. As of March 4, 1994 no record of Clayton J. Kraft or Clothing Concepts Inc. was located through the State of Minnesota. Based on this information I would recommend not approving the transient merchants lic. R� ;y n is 9-� • r , CITY OF NVICNN150M OTYCENTEN III HASSAN STREET SE APPLICATION HIRCHINSON, IMI 55350.25V FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 2" x 2" Picture NAME and DRIVER'S LICENSE INFORMATION required // NAME: C� /�Jri-M if. PERMANENT ADDRESS ZU • IDI A� v . �- L2 n � a. , Ks C6cS.zVS- PERMANENT TELEPHONE: gf — 1Fr6— 3 Fir— _t TEMPORARY LOCAL ADDRESS: & Q-te t l o r 'P— -9 /�)^ TEMPORARY TELEPHONE ACCESS: DRIVER'S LICENSE NUMBER (STATE) KS MAMW HEIGHT S M WEIGHT / t75-- EYE COLOR 13Yow-K FEES S LENGTH OF PERMIT REQUESTED How many days? Months? Or year? ,31r -)9'1 LICENSE FEES ARE AS FOLLOWS: Application Fee of $25 applied towards the following permit fee(s) Solicitors, Per day ......... ............................... $ 25.00 $ olicitors, Per year ....... .•.•........•.•••.•..•••....... $200.00 ransient Merchants, per day 5.00 Transient Merchants, per year ............................... $20 Peddlers, Per day .......................................... $ 25.00 Peddlers, per year .......... ............................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: �J• % BY..._ L9 9 DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: D Jr e e7- Rer,,I 571es- //%.,or,s o/ faW1eS' s r�arIswetir DESCRIBE METHOD OF DELIVERY: D ! Y if e t Sa /,e-s DESCRIBE YOUR SOURCE OF SUPPLY - NAME & ADDRESS OF SUPPLIER: K r 10-us /yign y zqz o ' u ters L yortgh 0 t"% -11.5. PROVIDE TWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: NAME S ADDRESS: 1 I oe -7(-- NAME & ADDRESS: 90o Prr����`on PHONE NUMBER: 4T!j- PHONE NUMBER: STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: J3 M4 -ro-y-. T N DATE OF ACTI'''TTY: FROM: - 2 TO: -2- . I hereby certify I have completely filled out the entire above applica- tion and that the application is true, correct, and accurate.* I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding $500 or by imprisonment for a per od not exceeding 90 days or both, plus, in either case, the costs of prosecuti;ri Z -/ Da to * No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE POLICE CHIEF RECOMMENDATION: • r] -3- E 0 RELEASE OF INFOf_MATION As an applicant for a Peddlers /Solicitors /Transient Merchants License from to Cit.: of Hutchinson, Minnesota, I am required to furnish info ration which that aCe' =av use in deter:aining my moral, physical, rental dnd fin an c l a aL'3 tions. In this connection, I hereby expressly authorize release of any and all i-- fo r_ation which you may have concerning me, including information of a con ' i_'ent` -a: or privileged nature. I hereby release the agency with which I am seeking application for license, and any organization, company or person furnishing information to that agency as expressly autborized above, from any liability for daaage which may result from furnishing the information requested. Applicant's Full Printed Name: Applicant's Address: Applicant's Birth Date: Applicant's Place of Birth: 143od N. Rake A ve- (%umber) (Street) Applicant's Social Security No.: Applicant's Driver's License No.: • Date: 0 C� M E M O R A N D U M March 3, 1994 TO: Mayor & City Council FROM: Marilyn J. Swanson SUBJECT: SOLICITORS LICENSE FOR PREMIER PORTRAITS INTL. • This request is for a renewal of the 1993 solicitors license issued to Premier Portraits International. Attached are copies of the 1993 background check by Sgt. Ron Kirchoff and the General Corporate License issued for a one -year period in 1993. I am not aware of any complaints regarding the operation of this company within the municipality. Encs. • 9 -ter • MEMORANDUM TO: Chief Madson LL FROM: Sgt. Kirchoff 1 DATE: January 25, 1993 RE: Application for Peddlers, Solicitors and Transient Merchant license. Subject Curtis W. Dixon representing Premier Portraits International, Inc. ----------------------------------------------------------- - - - - -- Upon receiving the applicant from Mr. Dixon a background investigation was conducted to the moral character and to the validity of the business. Upon the investigation into Mr. Curtis Dixon's background no criminal activity was determined. The business, Premier Portrait Incorporated, listed of business address of 4626 SW 9th, Des Moines, Iowa, was found to be a legitimate business in the state of Iowa. This information was provided by the Des Moines, Iowa Police Department. On the original application Mr. Dixon stated he had previously conducted business in the city of Rochester. The city of Rochester Better Business Bureau along with the licensing department of the city of Rochester • was contacted and stated they had no registered complaint on Curtis W. Dixon or Premier Portraits Incorporated during the time they were doing business in the city of Rochester. Based on the following information it would be my recommendation that Curtis W. Dixon, Premier Portraits Inc be granted a transients' merchants license. /jwb No- 12, GENERAL CORPORATE *T AT E OF MINNESOTA ;-� LICENSE City of - - - -- G�' C /y County of ------- Q � , ------ _id th E sum of PrY to the Treasurer of said -------- --------------- as required by the Ordinances of said.._ __ I _ ____________ and complied with all the requiren#nts of said Ordmane necessary for obtaining this Lions NRW, ar4prefDre, By order of the __________ ____ _ __ ------------- Council, and by virtue hereof, the said - ° ------ - ----- --- ______is hereby Lic ad and au lwrized to ------ - - - - -v for the period of-._ _ •--- atartinj_ ^,� ' ° ' - -p - ---------- and tndind 1ST e t?c� y�i�� 19. /.,aubjeet to all the cy{ctia Given under my hand a he corpora o the -- _________ tA4 ------ g -�J / -- - --- ----- � Attest: -------- _ b / - \ r__z ,C/n FORM 231% 89 NKOM r, and ------- - -- - - - - -- ---- - - - - -- 9 -D, 0 • P.02 _____• ................ .. ......._....... is .... +• .. +•-__-.....__--_-.-----_____----—----------- NAR- 0^2-1994 16:3F FROM CITY OF FtrCHINSON TO 5- 15152673391 P•02 40 OF NUTCNINSCN • SSS MASSAN�SIREETSIE APPLICATION hVCHILMUN SSM23A FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS • • 2" it 2^ Picture re_ quired pAME and DRIVER`S LI ME INFORMATION < AD D Ixo� -Pre stde ASSA NAME. PERMANENT ADDRESS: J 5 5 5 E• }' �NM 4 ^'ry -yq f Ak PERMANENT TELEPHONE: 1, 06 � TEMPORARY LOCAL ADDRESS: G- dc-c-j TEMPORARY TELEPHONE ACCESS: DRIVER'S LICENSE NUMBER (STATE)�(t) HEIGHT 5, i'�— WEIGHT 1 kO EYE COLOR RIvift FEES 5 LENGTH OF PERMIT REQUESTED How many days? Months? - Or year? 1 y tj% { LICENSE FEES ARE AS FOLLOWS: Application Fee of 52S applied towards the following permit f410(s) Solicitors, Per day ....................... ............... S 25.00 Solicitors, per year ........ ......................I.......0 $200.00 Transient Merchants, per day ..................•••... S 25.00 Transient Merchants, per year ....... ....................... $200,00 Peddlers, per day ........... ..................I............ $ 200.00 Peddlers, per year ., # ...................................... BACKGROUND STATEMEAT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION Of ANY MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO IF YES, STAIE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: 9 -:1). pDESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: "T DESCRIBE METHOD OF DELIVERY ,{ Or G DESCRIBE YOUR SOURCE OF SUPPLY - NAME A ADDRESS OF SUPPLIER: LL PROVIDE IWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: "TAME S ADDRESS: NAME 6 ADDRESS: PHONE NUMBER: PHONE NUMBER: STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: DATE OF ACTIVITY: FROM: -2- TO: • P.03 MAR- 02-1994 16:36 FROM CITY OF HUTCHINSON TO 9- 151526 ?3391 P.23 pDESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: "T DESCRIBE METHOD OF DELIVERY ,{ Or G DESCRIBE YOUR SOURCE OF SUPPLY - NAME A ADDRESS OF SUPPLIER: LL PROVIDE IWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES: "TAME S ADDRESS: NAME 6 ADDRESS: PHONE NUMBER: PHONE NUMBER: STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: DATE OF ACTIVITY: FROM: -2- TO: • MRR-02-1994 1613? FROM CITY CF WJ7GHIrvSON TO 9- 151526(ZL71- P.04 P. C4 I hereby certify I have completely filled out the entire above applica- tion and that the OPPlication is true, correct, and accurate.* I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 573 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus, in either Case, the costs of prosecution. Signature of Appi kAW Cate * No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE is POLICE CHIEF RECOMMENDATION: 0 -3- P. 05 MAR -02 -1994 1637 FROM CITY OF hRJTCHIN5Ct1 TO 9- 15152973391 P.05 RMEASE OF INFOMALTIOS As an applicant for a ?Oddlars /Solicitors /Transiene 'Urchants Liosnse from _. rota �.wara•n •u�rr •nn, ac4 ^ =V =;V use in deter-miming ray Moralp physical, mental and finrc,:l gLa.ifica- tions. In this connection, I hereby expressly authorize release of any and all in- f0rwation vhicz you may have concerning me, including information of a con:i?e -_,a? or privileged nature. I hereby release the ayenCy With which 1 am seeking application for license, and any orgaaiza =ioa, company or person furnishing in£or- ..Ation to that ag+Rnr,► as expressly authorized above, from say liability for daaa =a Which may result from fu:aixhin g the information requested. Applicant's Full Applicant's Address- Ds Applicant's Birth Date. o (First) (;iiddla (Last) w 9 P01 k J5 et) 'a So 311 tp) state & Up' r Applicant's Place of Birth: Applicant's Social Security No.. ='o w A (State) Applic3nt's Driver's License No.: Dot,: 3/3/9� AFP1= Ca:1t's Signat•:re C M E M O R A N D U M March 2, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public works RE: Consideration of Approving Consulting Services with TKDA Related to Phase II - Airport Expansion Preliminary Application Attached is information related to the Airport Commission's request for the Council to authorize funding to complete the preliminary report for Phase II of the Airport Expansion. The $25,000 cost of the report would be partially reimbursed by the State (66%), leaving a local share of approximately $ 8,300. This report is required to even get on the waiting list of funds. At this time it looks as if funding would be available in 3 - 5 years. Waiting another year will push this project out even longer. It will also be easier to get prompt reimbursement while the Phase 1 Project is still under contract with the State. I expect that representative's from the Airport Commission and HCDC Transportation Team will be at the meeting. Please contact me if you have any questions. City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on recycled paper - q- E ' 0 C February 28, 1994 MEMO TO: AIRPORT COMMISSION FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: AIRPORT EXPANSION - PHASE II - CONSULTANT FUNDING A request to look at potential funding for phase II airport expansion engineering consultants has been requested by members of the airport commission. BACKGROUND • In 1993 for 1994 budget the issue of phase II was considered by the City Council. Due to budget constraints funds were not allocated for this request for 1994. Another concern is phase I construction was not completed. Weather delayed completion of "phase I" in 1993. A review of the project status shows some possible overruns in the testing area but the current thinking is the work can be completed within budget. It does, however, give some concern as the project is not completed and possible overruns while not currently apparent could still occur. We do have a $50,000 contribution from HTI to help the city in the project if needed. I" 1 _ kiy Parts of phase II work are safety improvements. Attached is a summary prepared by TKA of phase II. Funding of the project would be federal share (90 %) or state share (66 %). (The balance of the cost, of course, is the city's.) A rating determines where on the funding list of the respective agencies the city is placed and is based upon the prepared engineering report. The request at this time is to finding a funding source for this engineering consultant contract. It would probably 1995 at the f; It', arc possibly 1996 before federal funding could be available. • City Hall Parks &Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Prin red on mcyc(ed papa. - ( r COST The estimated cost of the study is $25,000 of which the state would pay 66%. The local share for this engineering work would be $8,300. The request is, what funding sources are available for the city share. I have reviewed the budget a copy attached and believe the funds available are very limited. Funding from the airport budget also is a problem because of being only two months into the budget year. Another option and perhaps the only option at this time, would be use of the contingency dollars. Only the council can authorize use of these funds that are set aside for cost of living adjustments and unanticipated expenditures. Again part of the problem may be since we are only two months into the new budget year it may be premature for the request. 1 :_' 1 At this early point in the budget the only funding source for the engineering study appears to be council authorized contingency dollars. Alternatives would be to wait for the request of funds until further into the year or budget the request for next year (1995). C.C. Mayor & City Council Gary Plotz, City Administrator John Rodeberg, City Engineer • CITY OF HUTCHINSON 1994 BUDGET GENERAL FUND (01) DEPARTMENT AIRPORT (51) OBJECT 1991 1992 1993 Y -T -D 1994 NUMBER ----------------------------------------------------------------------------------------- DESCRIPTION ACTUAL ACTUAL BUDGET 6 -30 -93 ADOPTED 4120 WAGES - TEMPORARY EMPLOYEES 1170 1282 1000 724 1200 4141 PERA (COORDINATED) 54 56 32 4144 FICA - CITY PORTION 91 96 55 4145 MEDICARE 0 0 TOTAL PERSONNEL SERVICES 1315 1434 1000 811 1200 4210 OPERATING SUPPLIES 192 77 75 206 250 4211 AVIATION GAS 29865 31072 30000 15436 30000 4212 CLEANING SUPPLIES 145 221 200 52 200 4215 CHEMICALS & PRODUCTS 345 357 400 0 350 4220 REPAIR & MAINTENANCE SUPPLIES 912 467 250 54 250 4224 STREET MAINT. MATERIAL 84 1822 200 0 2500 4230 SMALL TOOLS 0 42 25 0 25 TOTAL SUPPLIES, REPAIR, MAT 31543 34058 31150 15748 33575 4300 PROFESSIONAL SERVICES 186027 96079 0 9617 0 4309 OTHER CONTRACTUAL 4310 COMMUNICATIONS 314 256 350 273 350 • 4311 POSTAGE 154 144 150 88 150 4320 TRAVEL SCHOOL & CONFERENCE 236 150 150 190 200 4340 PRINTING & PUBLISHING 172 1488 200 0 200 4352 PROPERTY INSURANCE 5100 5350 5100 5500 4360 UTILITIES 8687 7849 9000 6441 9000 4370 CONTRACT REPAIR & MAINT. 872 758 1000 310 1000 4380 RENTALS 251 182 200 37 200 4388 CENTRAL GARAGE REPAIR 815 241 500 425 600 TOTAL OTHER SERVICES & CHGS 202628 112497 16650 17381 17200 4401 DUES & SUBSCRIPTIONS 25 40 50 40 40 4402 LICENSES & TAXES 1548 2267 1800 6 2000 4409 MISCELLANEOUS 203 70 300 6 200 4410 PERMITS 0 0 800 270 400 TOTAL MISCELLANEOUS 1776 2377 2950 322 2640 4500 LAND 20000 0 0 0 4510 BUILDINGS 0 0 0 0 4520 IMPROVEMENTS OTHER THAN BLDG 0 7950 0 56210 0 4530 MACHINERY & EQUIPMENT 0 0 0 522 0 TOTAL CAPITAL OUTLAY 20000 7950 0 56732 0 --------------------------------------------- DEPARTMENT TOTAL 257262 158316 51750 90994 54615 u q -E , TKDA TOLTZ, SOCI �uL AaDERATE AND MWCIATES. INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1900 PIPER JAFFAAY PLAZA 4" CEDAR STREff February 18, 19% BAKf PAUL. MRINEWTA NIM -zN0 A1C1ES12RK-4M FA%!1202104010 Mr. John Rodeberg Director of Engineering Hutchinson City Center 111 Hassan Street SE Hutchinson, Minnesota 55350 Re: Phase Two Development Hutchinson Municipal Airport Commission No. 9946 Dear Mr. Rodeberg: As you requested we are transmitting herewith an updated Order of Magnitude Cost Estimate for Phase Two construction at the airport. It includes two changes from the estimate prepared last September. First, the work of relocating the southeasterly 1,000' of the parallel taxiway to its ultimate alignment has been added. This work would have a high enough priority to be eligible for Federal participation in funding. . The second change switches the funding for the ODALS to a state/local basis. At this time MnDOT would be willing to fund the ODALS; however, they ate currently reviewing their policy regarding funding participation for various types of development items. We will continue to monitor MnDOT's funding policies and advise you of any changes. The FAA would participate in funding for the ODALS only if the installation reduced the approach minimums. However, to reduce the minimums it is necessary to widen the primary surface and runway protection zone (RPZ) from 500' to 1,000'. The enlarged RPZ would include the implement dealership located on the east side of trunk highway 15. Widening the RPZs would require some rezoning around the airport and additional land costs. As we discussed, current planning for the airport does not envision the need for the wider RPZ or installation of an E S. Perhaps we can set up a meeting with the AAC to discuss the planning necessary to vitiate Phase Two development. We are available at your convenience. Sincerely, J. G. "Jerry" Petersen, P.E. Project Engineer • JGP:al c: Dagmar Runyon - MnDOT 9 -E • TOLTE, RING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS - ARCHITECTS - PLANNERS ST. PAUL, MINNESOTA FEBRUARY 1E, 1994 COMMISSION NO. 9946 n RVRT.f1DMP:N'1' jgEM ITEM COST FEDERAL CELL RR STATE APARV. LOCAL C ARR 1. Complete Parallel Taxiway $ 175,000 $157,500 $ $ 17,500 2. Aircraft Apron $ 525,000 $472,500 $ $ 52,500 3. Apron Floodlighting 35,000 31,500 83,300 3,500 4. Entrance Road Grading 6 Paving 33,000 29,700 $1,844,000 3,300 5. Parking Lot Grading d Paving 105,000 140,800 70,000 35,000 6. Parking Lot Lighting 30,000 10,000 20,000 10,000 7. ODALS 81,000 54,000 27,000 8. Security Fencing 20,000 18,000 2,000 9. Maintenance Equipment 150,000 100,000 50,000 10. Snow Removal Equipment Bldq. 80.000 53.300 26.700 11. well 12. Septic System 13. FBO Hangar 14. T- Hangar Site Preparation 15. T- Hangar (8 -Unit) 16. Terminal Building 17. Relocate Fuel System Sub -Total Engineering 6 Testing Legal 6 Administration Contie)gency TOTAL COST - PHASE II 15,000 10,000 5,000 15,000 10,000 5,000 225,000 180,000* 45,000* 50,000 33,300 16,700 165,000 132,000* 33,000* 125,000 83,300 41,700 15,000 10,000 5,000 $1,844,000 $709,200 $755,900 $378,900 366,000 140,800 150,100 75,100 30,000 110.000 10,000 40.000 10,000 34.000 10,000 $2,350,000 $900,000 $950,000 36.000 $500,000 ' State share is a no interest loan from its hangar loan fund. The sponsor repays the loan over a 10 year period. ATT B q ET Mr. John Rodeberg Director of Engineering Hutchinson City Center 111 Hassan Street SE Hutchinson, Minnesota 55350 Re: 1993 Airport Expansion Hutchinson Municipal Airport AIP No. 3- 27- 0042 -01 SAP No. 4304 -11 Commission No. 9946 Dear Mr. Rodeberg: We are transmitting herewith a copy of Darrel Beste's letter of February 16 regarding costs to bury the power lines near the airport. In response to his letter we have proposed shortening the length of line to be buried (see copy of my letter to Mr. Beste.) This should reduce the maximum • cost of this work by about $13,000 to $72,000. In addition MCPA will be replacing the electrical service to the airport at a cost of about $17,000. This will provide an underground service to the new Electrical Distribution Building with enough capacity for present and planned airport development. The FAA grant for the project included an item for this work at an estimated cost of $50,000. Since the item is in the grant the FAA can be expected to pay for 90% of it at the higher cost based on actual contracts. To provide you with a summary of the current project status we have estimated that the cost of project work constructed to date is approximately $25,000 under the budgeted amount. Based on the above information, total project costs could be roughly $15,000 over the grant amount of $3,162,651. This will also be affected by any changes in the cost of purchasing the three new parcels of land required for this project. Please call at any time if you need additional information. Sincerely, J. G. "Jerry" Petersen, P.E. Project Engineer i JGP:al c: Dagmar Runyon - MnDOT • Tii /A TOITZ. $MO. DWAIL. ANDERSON AND ASSOCIATED. INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1ESSPPENJARVAYPWA February 21, 1994 &WTP L A momeWrASm14im PNOM61D W4W FAXA7l W4M Mr. John Rodeberg Director of Engineering Hutchinson City Center 111 Hassan Street SE Hutchinson, Minnesota 55350 Re: 1993 Airport Expansion Hutchinson Municipal Airport AIP No. 3- 27- 0042 -01 SAP No. 4304 -11 Commission No. 9946 Dear Mr. Rodeberg: We are transmitting herewith a copy of Darrel Beste's letter of February 16 regarding costs to bury the power lines near the airport. In response to his letter we have proposed shortening the length of line to be buried (see copy of my letter to Mr. Beste.) This should reduce the maximum • cost of this work by about $13,000 to $72,000. In addition MCPA will be replacing the electrical service to the airport at a cost of about $17,000. This will provide an underground service to the new Electrical Distribution Building with enough capacity for present and planned airport development. The FAA grant for the project included an item for this work at an estimated cost of $50,000. Since the item is in the grant the FAA can be expected to pay for 90% of it at the higher cost based on actual contracts. To provide you with a summary of the current project status we have estimated that the cost of project work constructed to date is approximately $25,000 under the budgeted amount. Based on the above information, total project costs could be roughly $15,000 over the grant amount of $3,162,651. This will also be affected by any changes in the cost of purchasing the three new parcels of land required for this project. Please call at any time if you need additional information. Sincerely, J. G. "Jerry" Petersen, P.E. Project Engineer i JGP:al c: Dagmar Runyon - MnDOT C M E M O R A N D U M March 2, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works Randy DeVries, Director of Water /Wastewater Operations RE: Consideration of Consulting Agreement with Rust Environment and Infrastructure Regarding the Comprehensive Sanitary Sewer Plan We are proposing to enter into a contract with Rust Environment and Infrastructure to complete the Comprehensive Sanitary Sewer Plan for the north half of the City. They completed the Plan for the South half of the City last year. The contract is for $ 17,000 as previously agreed. The 1994 Wastewater budget has funding set aside for this project. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on wcyded paper - Police Department 10 Franklin Street South (612) 587 -2242 9 -F RUSrENVIRONMENT & INFRA,TRUCT,RE D F.,.,y SEC DWwb.r RUST Envimomon[ & Infmoomue Inc 3033 Campo Drift, Seim 175 Minncvol a MN 55441 Tel (612) 55 1- 1001 • FAX (612) 551 -2499 February 11, 1994 Mr. John Rodeberg, P.E. Director of Engineering and Mr. Randy DeVries Director of Water and Wastewater Operations City of Hutchinson 111 Hassan Street Southeast Hutchinson, MN 55350 -2439 Re: Comprehensive Sanitary Sewer Plan Areas North, Northwest, and Northeast of the City Gentlemen: • RUST E &I is pleased to present this proposal for professional services for this project. We appreciate being considered to work with the City in this long range planning endeavor. Two copies of an agreement for services for a comprehensive sewer plan for areas north, northwest, and northeast of the city are enclosed. If the agreement is satisfactory, please have both copies signed and dated, and return one copy to me. We will begin work immediately upon receipt of the signed agreement. We are available to answer any questions and discuss any concerns which the City may have. Our toll -free telephone number is 800 -537 -5331. We look forward to working with and for the City on this important planning effort. Sincerely, Roger V. Blomquist, Ph.D. ugen L. Anderson Vice President Project Manager File: 90039.100 T/L/puwhCom.el. Qwhry rhrougb tramwork CJ qF Ll L PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Comprehensive Sanitary Sewer Plan for Arm North Northwest and Northeast of the Cily ( "Project") This Agreement is by and between Client Ctv of Hutchinson I I 1 Hassan Street Southeast Hutchinson MN 55350 -2439 and, RUST Environment & Infrastructure Inc. ( "RUST E&I ") 3033 Campus Drive, Suite 175 Minneapolis_ MN 55441 Who agree as follows: Client hereby engages RUST E&I to perform the services described in Part I ( "Services") and RUST E&I agrees to perform the Services for the compensation set forth in Part III. RUST E&I shall be authorized to commence the Services upon execution of this Agreement and receipt of authorization to proceed from Client. Client and RUST E&I agree that this signature page, together with Parts I -IV and attachments referred to therein, constitute the entire agreement between them relating to the Project ( "Agreement "). APPROVED FOR CLIENT APPROVED FOR RUST E&I By: By: Roger . Blomquist, Ph.D. Title: Title: Vice President Date: Date: 2 - 14-q4 1WUA41u4#Cm,Js AORMASTERRR0F46RV.8SC 9 -F • PART I RUST ENVIRONMENT & INFRASTRUCTURE'S RESPONSIBILITIES A. SCOPE Services to be provided for the Project are as follows: RUST E&I will prepare a comprehensive sanitary sewer plan for the Client. The plan will include explanatory text, cost estimates, estimated flowrates, and appropriate figures showing recommended future extensions and improvements. Fifty copies of the report will be provided to the Client. The study area for the comprehensive sanitary sewer plan as previously designated by the Client is to encompass the area primarily north, northwest, and northeast of the City lying within approximately one -and- one -half miles of the present corporate limits, except that along Trunk Highway 15 North the study area extends to about two miles north of the City for a distance of about one - quarter mile on both sides of the highway, and except that along Trunk Highway 7 east the study area extends to about two- and - one -half miles east of the City for a distance of about one - quarter mile on both sides of the highway. East of the City, the south boundary of the study area will be the Dakota Rail, Inc. trackage, while west of the City the south boundary will be the South Fork Crow River. The existing wastewater collection system will not be addressed except where future possible extensions into outlying areas may result in surcharging, and except where the Client has documented experiences of inadequate pipe capacity, either of which may dictate improvements to the existing sewer system. Services will also include the following: • meet with the Client to collect data necessary for performing the study, and to review and verify study area boundary; • estimated sanitary sewage flowrates and direction of discharge will be determined for outlying areas by using the Client's "Comprehensive Plan,' other available future land use plans as provided by the Client, and assuming land uses when necessary, in conjunction with USGS topographic maps, and Client- provided topographic maps; • define appropriate trunk or interceptor facilities that will be needed to accommodate the estimated flows; • where extensions of the existing wastewater collection system area are required for servicing future areas, provide estimates of possible improvements to the existing system to accommodate future flows. RUST E&I will rely on flow data within the existing wastewater collection system obtained and provided by the Client and estimates based on land use; • • estimate proposed sanitary sewage collection facilities, and show general routes and sizes on drawings of an appropriate scale. Drawings will be prepared using USGS topographic maps as a base unless the Client provide a more appropriate base map. Autocad formatted drawings will be provided to the Client. • investigate available alternatives which might affect the feasibility or economy of segments of the system, and • estimate the approximate cost of trunk facilities and pump stations. B. ASSUMPTIONS /CONDITIONS This Agreement is subject to the following assumptions/conditions. • field survey services for pipe condition, inflow and infiltration determinations, and for obtaining record data are excluded from the Scope for the Project • final route determinations for trunk sewers is a task performed during preliminary and final design and is predicated upon considerations at the time of design including public input, right -of -way availability, existing and proposed development, other potential public improvements, and specific service needs. Hence final route citing is beyond the Scope of this Agreement • a specific time schedule for the Project will be determined pursuant to discussions between the Client's Representative and RUST E&I. PART II CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in It timely manner so as not to delay the Services. A. INFORMATION/REPORTS Furnish RUST E&I the following information, reports, and record drawings, all of which RUST E&I may rely upon without independent verification in performing the Services: • confirm study area boundary; • aerial photos, topographic maps, plat maps, sanitary sewer record drawings, storm sewer r ecord drawings, and watermain maps, of those areas within the study boundary, together with information regarding right -of -way and improvements that may not be shown on said drawings or maps; 2 • pertinent record data of existing sanitary sewers if data does not appear on record drawings; • any pending improvements by the Client, other agency, developer, and individuals that may impact contributing areas, flowrates, or trunk facility locations or alignments either within the city or in outlying areas; • plat, ownership maps, or County plat maps of areas outside of the city; • any previous sanitary sewer system studies, reports or evaluations; • peak flowrates in the existing sewage collection system, presumably by flow metering, together with date and time of reading, at locations that will be designated by RUST E&I; • water usage data or sewer service flow meter reading data for certain industrial and commercial uses to be designated by RUST E &I; • if USGS topographic maps are not acceptable to the Client as base maps, provide a suitable base map in DXF, Autocad, or Intergraph format. B. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the Services. C. DECISIONS Provide all criteria and full information as to Client requirements for the Project, make decisions on Project alternatives, and generally participate in the Project to the extant necessary to allow RUST E&I to perform the Services. PART III COMPENSATION, BILLING, AND PAYMENT Client shall pay RUST E&I for the Services in accordance with the following: Compensation for the Services will be for time and expenses not to exceed $17,000. In the event authorization to proceed is not received by April 30, 1994, this price shall be renegotiated. RUST E &I will bill the Client no less frequently than monthly, with net payment due in 30 days. Past due invoices will be subject to a service charge at the rate of 3 I %a° /. per month. The invoice will consist of a summary of direct labor hours by RUST E&I standard job classification, plus listing of reimbursable costs incurred. Unless Client provides RUST E&I with a written statement of any objections to the bill within 15 days of receipt, Client shall be deemed to accept the bill as submitted. wAlauebCas ek 0 4 • 0 ENVIRONMENT& INFRASTRUCTURE 1, STANDARD OF CARE. 10.- '- shall be performed in accordance with the uadard of profession practice ordinarily czercned by the applicable profession u the time and within the locality where the Services arc performed. Profession services are not subject to, and RUST E &1 can not provide, any warranty or guarantor, express or implied, including wartamice or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders. requisitiomor notices to proceed issued by Client arc specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known at the time of cxecution of this Agreement, including, if applicable, informationsupphodby Client. For some projects involving conceptual a. nrxcss development services, scope may not be fully definable during initial Pt.asca. As the Project progresses, facts discovered may indicate that scope muss be redefined. RUST E&I wdi promptly provide Client with an amendment to this Agreement to recognize such change, which shall be deemed approved if sa objected to within IS days of receipt by Client. 3. SAFETY. RUST E &I has established and maintains corporate programs and edurrs for the safely of its emplo to yens. Unless specifically included as a service to be provided under this Agreement, RUST E&I specifically disclaims any authority or responsibility for gemmijob site safety and "fay of persons other than RUST E &I employees. 4. DELAYS. I events beyond the control of Client or RUST E &1, including, but not limited to, fire, flood, explosion, riot, strike, war, process ahutdown, act of God or the public enemy, and act or regulation of my government agency, result in delay to my schedule established in this Agreement, such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 90 days, RUST E&1 shall be entitled W an equitable adjustment in compensation. In the event RUST E &I is delayed by Client and such delay exceeds 30 days, RUST E&1 shall be entitled tom eemwion of time equal to the delay and an equitable adjustment in compensation. S. TERMINATIONSUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other parry. Client shall pay RUST E&I for all Services, including profit relating thereto, rcnderrd prior to termination, plus any expense of termination. In the event either party de6ulis in its obligations under this Agreement (including Client's obligation to make the payment required hereunder), the mmde(aulting P" P MAY, after 7 days written notice mating its imention to suspend PerfoemunIs Under the Agreement if arc of such default is not commenced and diligently continued, and failure of the defaulting Party to commence cure within such time Emit and diligently continue, ,pcd Performance under this Agreement. h. OPINIONS OF CONSTRUCTION COST. Any opinionaf comtnctioacow prepared by RUST E&T is supplied for the general guidance of the Client only. Since RUST E&I has no control over compmilivt bidding or market conditions, RUST E&I camet guarantee the accuracy of such opinion, as compared W contract bids or acts caw to Client. 7, RELATIONSHIP WITH CONTRACTORS. RUST EW ,hall erne ss Cfiam*, Profes"On"d representative for the Services, and may make recommsendatioes to Client concerning actions relating to Client's coalocton, but RUST EW specifically disclaims any authority W direct or. n con the mesa, contractors. techniques, sequaneu or Procedures of conslnvetion selected by Client*, comraetors. & CONSTRUCTION REVIEW. For projects involving eorotruction. Client acknowledges that under gemrallyscocpted profenional practice, interprelatioesof conatructiondocumenta in the field are normally required, and thin performance of conrucliom- rclatedaervicm by the design professional for the projeetpermits errors or omissions W be identified ad corrected at comparatively low cast. Client agrees to hold RUST E&1 harmless from my claims resulting from performance of conruction -related services by Persons other than RUST E&l. 9. INSURANCE. RUST E &I will maintain insurmce coverage for Professional, Comprehensive Gencrnl Amnmobiic, LS'ork<•'z L'mvPemation. and Employer's Liability in amou;a: ;,uordanco ai ar,d RUST E &1's business, requirement. Certificates evidencingsuch coverage will be provided to Client upon requesm. For projxt involving coratructioo, Client agrees to require it comnruaion contractor, if any, to include RUST E&I as an additional insured on it policies relating to the Project. RUST E&T's coverages referenced above shall. in such case, be excess over contractor's primary coverage. PART IV STANDARD TERMS AND CONDITIONS 10. INDENIPII'TI'S. To the fullest extent Permitted by law, RUST E&1 shall indemnify and save harmless Client from and again loss, liability, and damages astamod by Client, in agents, employ=. and reprveyrtive by rea,om of injury or death to Persons or damage W tangible Pmperty m the carcass caused directly by the willful misconduct or failure b adhere to the standard of care described in Paragraph I above of RUST E&1, its agents or employees. To the fullest extent permitted by law, Client shall defend, indemnify, and save harmless RUST E&I, its agents, employee, and rel)MMUtives from and against [Oct. liability, and damage (including reasonable litigation cowl arising from or misting to claims for injury or death to persons, damage to tangible property, or other losses, alleged to be caused by any of the following: (a) any substance, condition, element, or material or any combination of the foregoing (i) produced. emitted or released from the Protect 64 tested by RUST E&I under this Agreement. or (iii) used or incorporated by RUST E&I in the Services: or (b) operation or management of the Project. Client also agrees to require its conructioncontractor, if any, to include RUST E&1 as an iderrmitm under any indemnification obligation to Client. 11. LI ITATIOW OF LIABILITY. No employ= or agent of RUST E&I shall have individual liability to Client. Client agrees that. W the fullest extent permitted by law, RUST E&1's total liability to Client for my and all injuries, claims, lesw, expenses or damage whatsoever arising out of or in my way related to the Project or this Agreement from my causes including, but not limited to, RUST E&I's negligence, errors, omissions, strict liability, or breach of contract shall not exceed the total co apensationreceived by RUST E&I under this Agreement. I Client desires a limit of liability greater than that provided above. Client and RUST E&I shall include in Part M of this Agreement the amount of such limit and the additional compensation to be paid to RUST E&I for assumption of such addition risk. IN NO EVENT AND UNDER NO CMCUNISTANCES SHALL RUST E&I BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDItECI, SPECIAL. OR PUNITIVE DAMAGES. 12. ACCESS. Client shall provide RUST E&I safe access W my premises necessary for RUST E&I to provide the Service. t3. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverable, including electronic media, pertaining to the Project by Client for any purpose other than du t for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without wrinen verification or adaptation by RUST E&I for the specific purpose intended, shall be at the Client's risk. Client agrees to defend, indermify, and hold harmless RUST E&I from all claims, damages, and expense, (including ressoneble litigesionsaw), arising out of such muse or attention by Client or others acting through Client. 14. AMENDMENT. This Agreement, upon execution by both parties harem, an be amended only by a "Can instrument signed by both parties. 15. ASSIGNMENT, Except for assignments la) to entities which control, m are controlled by, the Portia hereto or (b) rem" from operation of law, the rights and obligationsof this Agreement canna be tai permission of the Other party. This A 6� ebindingrty rd and written the benefit of m B shall be biding upon and imre W Y permitted sseigae. If. STATUTES OF LIMITATIOM To due fulleat eatmt Permitted by law. Pattie agree thin, except for claims for idcmmifiution, the time period for briagingclaims underthi, Agreement shall expire one year after Pmojectcompletion. 17. PREVAILING PARTY LITIGATION COSTS, In the even, my actions are brought W enforce this Agreement, the prevailing panty shall be midtlad W collect its litigation costs from the other party. 18. NO WAIVER. No waiver by either parry of my default by the other parry is the performance of my paniculars"m of this Agreement shall invalidate my other section of this Agreement or operate ss a waiver of my future default, whether like or diffemm in character. 19. NO THIRD -PARTY BENEFICIARY. Nothing contained in this Agreement. nor the performance of the parties hereunder, is intended to benefit, nor shall inure W the benefit of, my third Party, including Client's contractors, if my. 20. SEVERABI.ITY. The various terms, Provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceab"it y of soy of them shall as affect or impair the validity or enforceability of the remainder. 21. AUTHORITY. The persons signing this Agreement wazramt that they have the authority to sign ass, or on behalf, of, the party for whom they are signing. acsuwsrsvmnvsary r� Qrwhry through teamwork 6°0 Ni., 18 . Icoi • • C M E M O R A N D U M March 2, 1994 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering /Public Works Randy DeVries, Director of Water /Wastewater Operations RE: Consideration of Consulting Agreement with Rust Environment and Infrastructure Regarding Water Supply Consulting Services We are proposing to enter into a "General Engineering Services,, contract with Rust to provide engineering services related to water and wastewater supply. They currently provide all of our wastewater consulting services. Our water services have been provided by Chuck Barger of RCM. Chuck retired last year, causing us to review our consulting services. Based on our review we recommend entering into the agreement with Rust Environment and Infrastructure. This will help us coordinate our services through one consultant. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on rec4ded paper - Police Department 10 Franklin Street South (612) 587 -2242 9 -c5- • PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Base Agreement for "As Requested" General Engineering Services Project Client ( "Client "): C y of Hutchinson Water Department 37 Washington Avenue West Hutchinson, MN 55350 -2439 and, RUST Environment & Infrastructure Inc. ( "RUST E&I ") 3033 Campus Drive, Suite 175 Minn olis. MN 55441 Who agree as follows: • CLIENT hereby engages RUST E&I to perform "As Requested" services as set forth in Part I and RUST E&I agrees to perform such services for the compensation set forth in Part M. CLIENT and RUST E&I agree that this signature page, together with Parts I -IV and attachments referred to therein„ constitute the Base Agreement between them relating to General Engineering Services requested hereunder ( "Project "). APPROVED FOR CLIENT By: Gary D. Plotz Title: City Administrator WA i"uncas.dai APPROVED FOR RUST E&I / /'/ _/ l 111 // Title: Vice President • ( —C, • PART I PROJECT DESCRIPTION/SCOPE OF SERVICES A. PROJECT DESCRIPTION RUST E&I will provide general municipal engineering services requested by the CLIENT and agreed to by RUST E&I under the Terms and Conditions of this Base Agreement. B. SCOPE Each project assignment provided under this Base Agreement will be defined by a written scope of work, cost estimate, and schedule approved by both RUST E&I and the client. C. AUTHORIZATION TO PROCEED RUST E&I will not begin work on individual project assignments under this Base Agreement until written authorization to start individual project assignments has been received from the CLIENT. . D. PROJECT TEAM All employees of RUST E&I working on project assignments provided under this Base Agreement shall be experienced and qualified for the services to be done and shall be subject to approval of the CLIENT. PART II CLIENT'S RESPONSIBILITIES CLIENT, at its expense, shall do the following in a timely manner so as not to delay the services of RUST E&I. A. INFORMATION/REPORTS Furnish information, reports, tests and drawings available to CLIENT and required by RUST E&I, all of which RUST E&I may rely upon without independent verification in performing services. • B. REPRESENTATIVE • Designate a representative for each Project assignment who shall have the authority to transmit instructions, receive information, interpret and define CLIENTS policies and make decisions with respect to RUST E&I's Services. C. DECISIONS Provide all criteria and full information as to CLIENT requirements for Project assignments, obtain (with RUST E&I's assistance, if applicable) necessary approvals and permits, attend Project - related meetings, provide interim reviews on an agreed -upon schedule, make decisions on Project alternatives, and generally participate in Project assignments to the extent necessary to allow RUST E&I to perform Services. PART III COMPENSATION, BILLING, AND PAYMENT A. COMPENSATION Compensation for the services set forth in Part I shall be as follows: RUST E&I will provide the CLIENT with a written total fee estimate for each project • assignment. RUST E&I will not exceed written fee estimates on project assignments without prior approval from the CLIENT. Unless otherwise stated within individual Project assignments, compensation for RUST E&I services will be on an hourly rate plus expenses reimbursement basis. Hourly rates will be calculated at the preferred client rate of 2.75 times the actual salary rate of individuals working on project assignments. B. BILLING AND PAYMENT 1. Timing/Format/Acceptance RUST E&I will bill the CLIENT monthly, with net payment due in 20 days. The invoice shall consist of a summary of direct labor hours by RUST E&I's standard job classification, plus listing of reimbursable costs incurred. Unless CLIENT provides RUST E&I with a written statement of any objections to the invoice within 15 days of receipt, CLIENT shall be deemed to accept the invoice as submitted. • h] • 2. Late Payments Past due balances shall be subject to a service charge at the rate of 1% per month. 3. Delay /Adjustment The rates set forth above shall remain firm until the end of the calendar year. Rates will be adjusted annually and RUST E&I will notify CLIENT via invoice. ).VAniumncas.det !_J • MITrENVIRONMENT& INFRASTRUCTURE I. STANDARD OF CARE, Services shall be performed in accordance with the standard of professional practice ordinarily exercisd by the applicable profession at the time last within the locality when the Services sre performed . Professional services arc act subject to, and RUST E&I can not provide, any warranty or guarantee, express or implied, including wartamiss " gusnmees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions or notices to proceed issued by Client are specifically objected to. 2. CHANCE OF SCOPE. The scope of Services set forth in this Agreement is band on facts known at the time of execution of this Agreement, including, if applicable, information supplied by Client. For some projects involving conceptual or proccas development services, scope may not be fully definable during initial phaaes. As the Pmjcct progresses, facts discovered may indicate that scope must be redefined. RUST E&I will promptly provide Client with an amendment to this Agreement to recognize such change. which shall be deemed approved if not objected to within 15 days of receipt by Client. 3. SAFETY. RUST E &I has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement. RUST E&1 specifically disclaims any authority or responsibility for general job site safety and safety of persons other than RUST E&I employees. 6. DELAYS. If events beyond the control of Client or RUST E&1, including, but ram limited to, firs. Rod, explosion, riot, strike, war, process shutdown, act of God or the public enemy, and act or regulation of any government agency, result in delay to any schdu le established in this Agreement, such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 90 days, RUST E&I shall be entitled to an equitable adjustment in compensation. In the event RUST E &I is delayed by Client and such delay exceeds 30 days, RUST E&I shall be entitled to an extension of time equal to the delay and an equitable adjustment in compensation. S. TERMINATION/SUSPENSION. Either parry may terminate this Agreement upon 30 days written notice to the other party. Client shall pay RUST E&1 for all Servicm- including profit relating thereto, tendered prior to termination, plus my expense of tetminauon. In the cyan either party defaults in its obligations under this Agreement (including Client's obligation to make the payments required hereunder), the non -defaulting Party may, after 7 days written notice luting its intention to suspend performance under the Agreement if cum of such default is not commenced and diligently continued, and failure of the defaulting party to commence cum within such time limit and diligently continue, suspend performance under this Agreement. 6, OPINIONS OF CONSTRUCTION COST. Any opinion of conmctioucoata prepared by RUST E&1 is applied for the general guidance of the Client only. Since RUST E&1 has mo controt over competitive bidding or market conditions, RUST E&1 cannot gummu,, thc accurmy of wch opinions as compared to contract bids or actual coast to Client. 7, RELATIOMHIP WITH CONTRACTORS. RUST E&I shall ante as Client's pro&saionel representative for the Services, sand may make mossmesdationa to Client concerning actions relating to Client's contractors, but RUST FBI specifically disclaim my authority to direst or supervise the means, methods, techniques, sequence or procedures of construction selected by Client's cantmtom. 6 CONSTRUCTION REVIEW, For projects involving wtmtruction, Client acknowledges that under generally accepted professional practice, interpmuttionsof conrtnctiondocuments in the field are normally required, and that performance of eonruclion- rclatdservices by the design professional for the project permits enrom or omissions to be identified and corrected at comparatively low cost. Client agrecs W bold RUST E&I harmleas from my claim resulting from performance of conalrution- relaledacmices by persons other than RUST E &I. 9. INSURANCE. RUST E&I will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker's Compensation, and Employer's Liability in amounts in accordance with legal, and RUST E&I 's business, requirements. Cenificates evidencingsuch coverage will be provided to Client upon request. For projects involving construction, Client agrees to require its construction contractor, if my, to include RUST E &I as an additional insured on its policies relating to the Project RUST E &I's coverages referencd above shall, in such case, be excess over contractor's primary coverage. PART ry STANDARD TERMS AND CONDITIONS 10. INDEMNITIES. To the fullest extent permitted by law, RUST L11 indemnify and save harmless Client from and again lass, fiability, and damages assumed by Client, its agents, employees, and representatives by resson of injury or death to persons or damage to tangible property to the meat caused directly by the willful miseondu t or failure to adhere to the standard of cart described in Paragraph I above of RUST E&1. its agents or employees- To the fullest extent pertained by law, Client shall defend, indemnify, and save harmless RUST E&J, its agents, employees, and mpresentatives from and against loss, liability, and damages (including reasonable litigation coats) arising from or relating to claims for injury or death to persona, damages to tangible property, or other tosses, alleged to be caused by any of the following: (a) any wbatma c. condition. dement, or material or any combination of the foregoing (t) produced. emitted or mleasd from the Project (ii) tested by RUST E&I under this Agreement. or (iii) used or incorporated by RUST E &1 in the Services: or (b) operation or managementofthepmject. Client also agrees to require itsmnruaioocomnctor. if any, to include RUST E&1 ss an indemni[ec under any indemnifieationobliganon to Client. 11. LIMITATIONS OF LIABILITY. No employee or agent of RUST E&1 shat have individual liability to Client. Client agrees that. to the fullest extent permitted by law, RUST E&I 'a total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever, arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, RUST E&I's negligence, errors, omissions. strict liability. or breach of comraclshall not ex m"etmal comps m stionmeived by RUST E &1 under this Agreement. If Client desire a limit of liability greater than that pmvidd above, Client and RUST E&J shall include in Pan m of this Agreement the amount of such limit and the additional compensation to be paid to RUST E &1 for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL RUST E&I BE LIABLE TO CLIENT FOR CONSEQUENTIAL. INCIDENTAL, INDIRECT. SPECIAL. OR PUNITIVE DAMAGES. 12. ACCESS. Client shall provide RUST FBI safe accwe to my premises necessary for RUST E&I to provide the Services. 13. REUSE OF PROJECT DELIVERABLES. Ream of any documeo cr deliverables, including electronic media. penainingto the Project by Clie s purpose other than that for which such documents or deliverable were originally prepared, or alteration of such documents or deliverables without written verification or adaptation by RUST E&1 for the specific purpose intended, shall be at the Client's risk. Client agrees to defend, indemnify, sod hold harmless RUST E&1 from all claims, damages, and expenses, (including reasonable litigation was i. arising out of such reuse or alteration by Client or others acting through Client. 16. AMEND01EN1-. Ilia Agreement- upon exertion by both parties hereto. cam be amended only by a writs" instrument signed by both parties. 15. ASSIGNMENT. Except for assignments (a) as entities which counsel, or arc wmmRd by, the partial hereto or (b) moulting hall operation of law, the rights and obligationsof this Agreement cannot be reigned by ealherparty without written permission of the other party. This Agreement shall be binding upon and roam to the benefit of my permitted assigns. 16. STATUTES OF LDNITATION. To the &Beat extent permitted by law. partial agree that, except for claim for indemnification, the time period for bringingclaim under this Agreement shall expire one year after Project completion. 17. PREVAILING PARTY LITIGATION COSTS. In the event soy actions arc brought to enforce this Agreement, the prevailing party shall be entitled to "Ilea its litigation emu from the other party. 18. NO WAIVER. No waiver by either party of my default by the other party in the performance of my particular section of this Agreement shall invalidate my other section of this Agreement or operate n a waiver of my future default, whether like or different in character. 19. NO THIRD -PARTY BENEFICIARY, Nothing contained in this Agreement. nor the performance of the parties hereunder, is intended to benefit, nor shall inure W the hensfit of. my third party, including Client's contractors, if my. 20. SEVERABI.ITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, last the invalidim or uocnforcesbiiit y of my of them shall not aged or impair the validity or enforceability of the remainder. 21. AUTHORITY. The persons signing this Agreement warrant that th� the authority to sign as, or on behalf of, the party for whom they arc signs scxu Am. mai�a,-Tr' Qualtry through teamwork A iJ M­ !� _ ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 FAX (612) 587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY O. BARRY ANDERSON March 8, 1994 Re: Airport Skydiving Issues Our File No. 3188 -94256 Dear Gary: OF COONSEI WILLIAM W. CAMERON RAYMOND C. LALLLER 5881 CEDAB I.ARE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800- 343-4545 FAX (612) 545- 193 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389-5506 2Y 4-1 MAR1N4 8y, This correspondence will summarize the status of the above referenced matter. • In the course of the last two weeks, we have conducted a preliminary investigation into the suitability of a municipal skydiving operation. We have had discussions with numerous communities, the names of which were supplied by the proposed skydiving operator. We have determined, as we expected, that liability insurance is not available for the risks associated with skydiving operations. Ultimately, the City will have to make an election. It is possible to offer assurances that the risk to the City from a death or other injury associated with a skydiving operation can be reduced to zero. While the risk can be substantially and significantly ameliorated, by the use of indemnity agreements, acknowledgements that the City does not operate, manage or control the skydiving operation and a written lease, the fact remains that in the event of serious injury, the City would almost certainly be named as a defendant. If the City is named as a defendant, even if it is ultimately successful in removing itself from the case by way of summary judgment, either because of a waiver of liability document which presumably all persons would be required to sign, or because the City is not involved in the skydiving operation itself, the fact remains that the City would have defense costs and exposure for the general cost of litigation. Any single claim • could easily result in an expenditure of $10,000 in legal fees and expenses and, of course, if the case proceeds to trial, perhaps much more. CERTIFIED AS A CIVIL TIU.I. SPECIALI ST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /O I DAVID B. ARNOLD •OAHY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. BODE LAURA E. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE'S JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O.MCOEE CATHRYN D. REHER OINA M. BRANDT ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 FAX (612) 587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY O. BARRY ANDERSON March 8, 1994 Re: Airport Skydiving Issues Our File No. 3188 -94256 Dear Gary: OF COONSEI WILLIAM W. CAMERON RAYMOND C. LALLLER 5881 CEDAB I.ARE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 800- 343-4545 FAX (612) 545- 193 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389-5506 2Y 4-1 MAR1N4 8y, This correspondence will summarize the status of the above referenced matter. • In the course of the last two weeks, we have conducted a preliminary investigation into the suitability of a municipal skydiving operation. We have had discussions with numerous communities, the names of which were supplied by the proposed skydiving operator. We have determined, as we expected, that liability insurance is not available for the risks associated with skydiving operations. Ultimately, the City will have to make an election. It is possible to offer assurances that the risk to the City from a death or other injury associated with a skydiving operation can be reduced to zero. While the risk can be substantially and significantly ameliorated, by the use of indemnity agreements, acknowledgements that the City does not operate, manage or control the skydiving operation and a written lease, the fact remains that in the event of serious injury, the City would almost certainly be named as a defendant. If the City is named as a defendant, even if it is ultimately successful in removing itself from the case by way of summary judgment, either because of a waiver of liability document which presumably all persons would be required to sign, or because the City is not involved in the skydiving operation itself, the fact remains that the City would have defense costs and exposure for the general cost of litigation. Any single claim • could easily result in an expenditure of $10,000 in legal fees and expenses and, of course, if the case proceeds to trial, perhaps much more. CERTIFIED AS A CIVIL TIU.I. SPECIALI ST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /O I Mr. Gary D. Plotz March 8, 1994 Page 2 One issue that may be present is the question of whether or not the operator should be required to personally indemnify the City for any exposure and whether the operator would be willing to do so. I am presently collecting documents from a variety of sources in an attempt to put together an agreement between the City and the proposed operator that would address some of these issues. While the risk to the City is small, it is nonetheless real, and the City Council will need to make a policy decision about whether or not to proceed with this skydiving operation. If I can provide any additional information or you have questions, please do not hesitate to contact me. Thank you. Best regards. Very truly ypdrb, ARNOLD & G. Bar: GBA:lm 1J • • •DAVID B.ARNOLD GARY D.McDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOGE LAURA H.FRETLAND DAVID A. BRUEGGEMANS PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. McG£E CATHRYN D. REBER GINA M. BRANDT ARNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612)587 -7575 FAX (612) 587-4096 RESIDENT ATTORNEY G. BARRY ANDERSON March 8, 1994 Honorable Marlin Torgerson Mayor of Hutchinson Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Cable Television Commission Our File No. 3188 -87001 Dear Mayor Torgerson: OF COUNSEL WILLIAIM W. CAMERON RAYMOND C. TALLIER 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612 545 -9000 MN TOLL FREE 800- 343-4545 FAX(G12)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389-5506 2' 4.1! N81 ar_ ��•lJ I write to you today with respect to a Cable Television Commission. • As I indicated to you during our brief conversations on this topic, most Cable Television Commissions are multi - jurisdiction bodies with broad powers granted to the Commission by way of joint powers agreements. In our particular instance, the Commission's responsibilities are limited to the City of Hutchinson. As such, the Commission will act in an advisory capacity and the City Council will ultimately make decisions regarding the franchise and service issues. E Please note that the initial appointments are to be made by resolution so that you will have the ability to stagger terms thus preventing a scenario in which all of the members are finishing their terms at the same time. I would suggest that we make the appointments, adopt the resolution, and I will draft the resolution once that process is completed so that I know exactly who is to be appointed and the proposed term for the member in question. I hope this ordinance is helpful to you Very tru , ARNOL ELL r G. Barry Anderson GBA:lm CC Sue Potter Gary Plotz Best personal regards. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION / V — A, 1 CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ORDINANCE NO. 94 -106. 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ESTABLISHING A CABLE TELEVISION COMMISSION BY ADOPTING A PROVISION ENTITLED "CABLE TELEVISION COMMISSION" AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. City Code, Sec. 2.63 entitled " Cable Television Commission" is hereby adopted to read: Subd. 1. Establishment and Composition. A Cable Television Commission is hereby established. The Cable Television Commission shall be composed of seven (7) members, one of which shall be appointed by Hutchinson Community Video Network, Inc., or the successor body to HCVN, Inc. for the purpose of representing the interests of the provider of public access television to the City of Hutchinson. The public access representative shall be appointed by the Mayor. The remaining six members of the Commission shall be residents of the City and shall serve staggered five (5) year terms. Initial appointments to the Commission shall be made by resolution and may be for less than five (5) years to facilitate rotation of membership on the Commission. The Mayor and the City Attorney shall be ex officio members. Subd. 2. Powers and Duties. The Cable Television Commission shall act in an advisory capacity to the City Council for the City of Hutchinson and shall make recommendations to the City Council on issues regarding cable television service within the city limits of the City of Hutchinson. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire city Code Including Penalty for Violation" and Section 2.99 entitled "Violation, a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this 22nd day of March, 1994. Mayor Attest: City Administrator Published in the Hutchinson Leader on: First reading: Second reading: 17J • • %o -A, IF February 10, 1994 A$NOLD & MCDOWELL ATTORINEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORN Y G. BARRY AN N Yi /G\J 1 i a Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Hutchinson Downtown Redevelopment - Phase I Our File No. 3244 -89031 - Omar Collis OF COIINSEL WILLIAM N. CAMERON RAYMOND C. I.ALLIEN 5661 CEDAR LANE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800- 343-4545 FAX(6M)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55373 (612) 389 -2214 FAX (612) 389-5506 V- jl� '-P6 Dear Gary: • I am enclosing herewith the executed receipt signed by Omar Collis indicating that he had received the final payment due to him. With your receipt of this executed letter, the Phase I redevelopment project is now complete with the exception of the remaining issues insofar as the Petro Fund is concerned. When I talked to the engineer assigned to this project, they were hopeful of being able y to close out the project yet this year. I would appreciate it if you would pass along a copy of this correspondence to the City Council for its review on a "For Your Information" basis. • Thank you. Very truly yours, A�2NOLD & McDOWELL G. Barry Anderson GBA:lm Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B. ARNOLD OA BY D. WDOWEI.L . STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOOE "URA K.FRETLAND DAVID A. HRUEGGEMANN PAUL D. DOVE" JOSEPH M. PAVEMENT JAMES UTLEY RICHARD O. McOEE CATHRYN D. REHER GINA M. BRANDT February 10, 1994 A$NOLD & MCDOWELL ATTORINEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORN Y G. BARRY AN N Yi /G\J 1 i a Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 Re: Hutchinson Downtown Redevelopment - Phase I Our File No. 3244 -89031 - Omar Collis OF COIINSEL WILLIAM N. CAMERON RAYMOND C. I.ALLIEN 5661 CEDAR LANE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800- 343-4545 FAX(6M)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55373 (612) 389 -2214 FAX (612) 389-5506 V- jl� '-P6 Dear Gary: • I am enclosing herewith the executed receipt signed by Omar Collis indicating that he had received the final payment due to him. With your receipt of this executed letter, the Phase I redevelopment project is now complete with the exception of the remaining issues insofar as the Petro Fund is concerned. When I talked to the engineer assigned to this project, they were hopeful of being able y to close out the project yet this year. I would appreciate it if you would pass along a copy of this correspondence to the City Council for its review on a "For Your Information" basis. • Thank you. Very truly yours, A�2NOLD & McDOWELL G. Barry Anderson GBA:lm Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION AR-NOLD & cDOWELL _-�,TTOR_NEY S AT LASV 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (G12) 587 -7575 Mr. Omar Collis 203 South Lakeside Lake Crystal, Mn. 56055 FiX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON January 31, 1994 Re: Hutchinson. Downtown Redevelopment Project Phase II - Petro Fund \Omar Collis Matter Our File No. 3244 -89031 Dear Omar: OF COUNSEL M'ILLLAM W. CAMERON RAYMOND C. LALLIER 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545- 9000 )IN TOLL FREE BOO - 343-3545 FAN(612)543 -1793 501 SOUTH FORTH STREET PRINCETON. MINNESOTA 55371 (612) 389-2214 FAX (612) 389 -5506 I am pleased to enclose and send to you a check dated January 5, 1994 in the original principal amount of $18,020.33. This sum represents payment of the remaining retention balance plus interest at the rate provided for in the agreement. • As I indicated to you during our conference, the issue of responsibility for clean up costs has not been fully resolved, but there doesn't appear to be any reason for the City to continue to retain these funds, and accordingly, I have been authorized to send them to you. Please sign in the space indicated at the bottom of the enclosed copy of this letter and return the letter to our office in the self- addressed stamped envelope, also enclosed. On behalf of the City of Hutchinson, please accept our thanks for your cooperation in connection with the downtown redevelopment project. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm Enclosure • CC Gary Plotz Ken Merrill 'CERTIFIED AS A CI\ -IL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAM' SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID H. ARNOLD GARY D. MCDOWELL • STEVEN A. ANDERSON G. BARRY ANDERSON' STEVEN S. HOGE LAURA R.FR£TLA \D DAVID A. BRUEOGEY-NN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD G. MCGEE CATHRYN D. REHER GINA M.BRANDT AR-NOLD & cDOWELL _-�,TTOR_NEY S AT LASV 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (G12) 587 -7575 Mr. Omar Collis 203 South Lakeside Lake Crystal, Mn. 56055 FiX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON January 31, 1994 Re: Hutchinson. Downtown Redevelopment Project Phase II - Petro Fund \Omar Collis Matter Our File No. 3244 -89031 Dear Omar: OF COUNSEL M'ILLLAM W. CAMERON RAYMOND C. LALLIER 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545- 9000 )IN TOLL FREE BOO - 343-3545 FAN(612)543 -1793 501 SOUTH FORTH STREET PRINCETON. MINNESOTA 55371 (612) 389-2214 FAX (612) 389 -5506 I am pleased to enclose and send to you a check dated January 5, 1994 in the original principal amount of $18,020.33. This sum represents payment of the remaining retention balance plus interest at the rate provided for in the agreement. • As I indicated to you during our conference, the issue of responsibility for clean up costs has not been fully resolved, but there doesn't appear to be any reason for the City to continue to retain these funds, and accordingly, I have been authorized to send them to you. Please sign in the space indicated at the bottom of the enclosed copy of this letter and return the letter to our office in the self- addressed stamped envelope, also enclosed. On behalf of the City of Hutchinson, please accept our thanks for your cooperation in connection with the downtown redevelopment project. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm Enclosure • CC Gary Plotz Ken Merrill 'CERTIFIED AS A CI\ -IL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAM' SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Omar Collis January 31, 1994 • Page 2 ACKNOWLEDGEMENT We acknowledge receipt of $18,020.33, which represents full, final and complete payment of all amounts due and owing to the undersigned by the City of Hutchinson for the acquisition of certain property located in downtown Hutchinson bearing property identification #23- 056 -3090, all as set forth in that certain option to purchase entered into between the undersigned and Hutchinson Community Development Corporation. Omar Collis Velma Collis • • OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10 Page I ------------------------------------- 1985 TIDS • FIRST TRUST 1989 IMPROV. BDS AM.NATIONAL BANK 1993 IMPRO.CON 8 BARR ENGINEERING CO HUTCHINSON UTILITIES 1994 IMPRO CONST BOLTON & MENK, INC. RUST ENVIRONMENT CAP,IMPRO.FUND BARR ENGINEERING CO • CENTRAL GARAGE BRANDON TIRE CO CARQUEST AUTO PARTS CHAMPION AUTO COAST TO COAST G & N, SERVICES H &L MESABI HANSEN TRUCK SERVICE HUTCH IRON & METAL HUTCHINSON WHOLESALE JERABEK MACHINE SERV JERRYS TRANSMISSION MACQUEEN EQUIP INC MTI DIST.CO POSTAGE BY PHONE SCHMELING OIL CO SORENSEN FARM SUPPLY STATE OF MINNESOTA TERMINAL SUPPLY CO VILLAGE CHEVROLET WIGEN CHEVROLET CO CITY HALL CONST. • ELECTRO WATCHMAN KEMPFERT DESIGN SIMONSON LUMBER CO WELLS INTERIORS RE HALL DS PAYING AGENT FEES `6653.75 $653.75 PAYING AGENT FEES $229.06 $229.06 PROF SERV -NOV & DEC $1,109.64 STREET LIGHT PROJECT $16,878.52 $17.986.16 PROF SERVICES $3,179.57 PROF SERVICES $24,523.06 $27,702.63 PROF SERVICES -JAN OTTE $9,424.67 $9.424.67 2 TIRES $366.15 ALTERNATOR, ETC $658.92 BRAKE PADS, ROTORS, SE $111.13 SUPPLIES $53.54 SHOP TOWELS $64.41 5 PLOW $375.05 BOLTS $41.76 FLAT IRON $17.69 REPAIR $514.GS FLAT IRON $2.39 SHOCKS $184.12 EYE BOLTS, SPRINGS, WA $92.25 FRICTION WHEEL, CABLES $604.09 FEB POSTAGE $7.54 HYD OIL $87.99 WELDING ROD $11.89 12 DECALS $48.00 FIT -700, FHM -2 $86.53 GENER REM $196.63 KNOB $3.41 $3,628.34 MOVE EQUIPMENT & REINS $200.25 SAND CARVED LOGO SIGN $1,054.35 LUMBER, BRKTS, ETC $223.03 VERTICAL BLINDS $243.54 $1,721.17 OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10 Page 2 ---------------------------------------------------------------------------- • AM.NATIONAL BANK PAYING, AGENT FEES $251.66 $251.66 GENERAL FUND A & B ELECTRIC LEGION PARK -FEMA $790.20 ALBINSON XEROX COPIES $82.83 ALLEN OFFICE PROD STAPLES $161.39 AM.WELDING SUPPLIES OXYGEN $35.04 AMI ROTO ROOTER GARBAGE DISPOSAL $4S.00 AMOCO OIL CO FUEL $101.51 ANDERSON'S DECORATING CENTER LIQUID NAILS $S.17 ANDERSON, BARRY BASKETBALL OFFICIAL $18.00 ARNOLD & MCDOWELL WORD OF LIFE ASSMTS SE $5,430.36 ASHY, TONY KIDDIE CARNIVAL $19.13 ASHWILL, RENAE INSTRUCTOR FEE -SR. CLA $56.00 ASTM PUBLICATION $24.61 ATCO MFG CO. ALL PRO $99.80 B &S INDUSTRIES INC TRAFFIC CONE $99.99 BARR ENGINEERING CO JAN PROF SERV- SURFACE $4,977.36 BECKER ARENA PRODUCTS ACRYLIC $754.03 BENNETT OFFICE SUP. MOUSE PAD $630.56 BERNICKS PEPSI COLA POP $16.80 BIG BEAR WELD RODS, AIR HOSE, C $184.46 BRINKMAN STUDIO S ROLLS FILM $36.69 CAMERA SHOP SLIDES, DEV, PRINTS $12.89 • CASH WISE GROCERIES $216.98 CELLULAR 2000 FEB CHARGES $227.55 CHAMBER OF COMMERCE MEETINGS $43.00 CHRISTENSEN REPAIR. CHAIN SHARPEN $1.00 COAST TO COAST SUPPLIES $551.69 COMM TRANSPORTATION HANGAR PAYMENT $650.00 COPY EQUIPMENT INC PLOTTERS $68.08 COUNTY TREASURER PARCEL PRINTOUT $10.85 CTN /WORLD TRAVEL RT TO HARTFORD- S.MADSO $335.50 DASCHER, DUANE WINTER SAFETY BOOTS $30.00 DEPT NATURAL RESOURCES DNR REG FEES $728.00 DEPT OF PUBLIC SAFETY -OISM CJON CONNECT CHARGES $270.00 ERLANDSON, DAVID HANDGUNNIING BOOK $33.58 EWERT JR., DICK SNOW REMOVAL $220.00 FAMILY REXALL DRUG BATTERIES $50.96 FARM & HOME DIST. CO PAINT $144.38 FEDERAL SIGNAL CORP 4 SIREN CONTROLS & ACC $42,537.17 FESTIVAL FOODS GROCERIES $87.78 FITZLOFF HARDWARE KEY $190.16 FLOOR CARE SUPPLY ICE MELT $7,554.98 FOGS JR., MICHAEL SCOREBOARD & OFFICIATE $72.00 FOGG, MIKE OFFICIATE 9 GAMES $162.00 6 & K SERVICES MOPS $577.93 GIESE, RICK BROOMBALL REFEREE 10 G $150.00 GOVT TRAINING SER REG- J.MARKA $220.00 GRAND CASINO SR. TOUR $300.00 • GREAT PLAINS SUPPLY PLYWOOD $103.29 GREGOR, JOHN SEMINAR EXPENSES $13.37 GUARDIAN PEST CTL FEB SERVICE $21.57 HAARSTAO, EARL SAFETY BOOTS $30.00 HAGEN, JUDY SKATING REFUND $12.00 HCI CONNECTING POINT MONITOR EXTENSION $349.11 HEO, MARILYN SHELVES $132.52 OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10 Page 3 ------------------------------------------------------------------------- HENRYS FOODS INC TOWELS, TISSUE $112.38 HOME BAKERY INC 2 DOZ COOKIES $14.76 • HUTCH COMM HOSPITAL BLOOD TESTS $242.85 HUTCH COOP CENNEX REPAIR PULLED HOSE ON $330.67 HUTCH FIRE & SAFETY HYDRO TESTS, MTC $57.45 HUTCH IRON & METAL FLAT IRON $19.24 HUTCH PLBG & HTG CO REPAIR FAUCET $59.87 HUTCHINSON JAYCEES 1994 DUES- J.ARLT $50.00 HUTCHINSON TEL CO PHONE SERVICE $5,114.53 HUTCHINSON UTILITIES GAS & ELECTRIC - $19,285.48 HUTCHINSON WHOLESALE SUPPLIES $270.12 INK SPOTS LAMINATE $78.74 JERABEK, MACHINE SERV ANGLE IRON $19.92 JERRY'S SPORT CENTER INC BREAKFREE, PATCH $32.87 JOES SPORT SHOP 4 TROPHIES $48.99 KRISHNAMOORTHI, CHITRA TRAINING EXPENSES $47.73 LARSON, QUENTIN SEMINAR EXPENSE $15.16 LEAGUE OF MN CITIES CLAIMS- M.KIRCHOFF $238.73 LEO'S COSTUMES BAL OF PAYMENT $51.56 LETN MARCH SERVICE $288.00 LOGIS JAN COMP CHARGES $27,040.10 M.C.M.T. INC MONTHLY SERVICE $22.31 MADSON, STEVEN MISC EXPENSES $175.43 MANKATO MOBILE RADIO MARCH RADIO MTCE $3,731.88 MCGARVEY COFFEE INC COFFEE $116.05 MCLEOD COUNTY TREASURER FEMA FUNDS REIMBURSED $350.72 MINNESOTA DEPT OF PUBLIC SAFET BIKE REGISTRATION FEES $27.00 • MITCHELL, WILLIAM OFFICIATE 8 GAMES $144.00 MN AVIATION SYMPOSIUM REG- D.MEIER $90.00 MN SPORTS FEDERATION TOURNAMENT SANCTIONING $135.00 MN.ELEVATOR INC ELEVATOR SERVICE $61.00 MPCA STORM WATER PERMIT $540.00 MR. MOVIES AFFAIR TO REMEMBER $2.80 MSSA 1994 DUES- L.KARG $25.00 MUSCO SPORTS LIGHTING INC RETROFIT KITS $8,108.91 NAIL TACTICAL OFFICERS ASSC MEMBERSHIP RENEWAL $75.00 NO STATES SUPPLY INC TRBLTE -MTL PROT $34.00 OLSONS LOCKSMITH KEYS $3.73 ORDWAY MUSIC THEATRE NUNSENSE -3 -31 $551.50 PARK & GROUNDS MANAGEMENT 3 YEAR SUBSCRIPTION $34.00 PIERCE, BURNETTE SR. TOUR REFUND $34.00 PLOTZ, GARY D. MPCA MTG $205.20 PLOWMANS TOW CALL $9.59 POLK & CO,R.L. POLK DIRECTORY $344.00 POSTAGE BY PHONE FEB POSTAGE $831.64 QUADE ELECTRIC METAL HALLIDE $133.13 QUANTUM LABS BLUE LABELS $68.63 R &R SPECIALTIES INC BEARINGS $170.19 RADIO SHACK 6IN 2.8 OZ REP SP $7.69 RICHARD LENNES FEB COMPENSATION $2,000.00 RODEBERG, JOHN MEETING EXPENSES $42.82 ROSTBERG, ANDY OFFICIATE 1 GAME $18.00 RYAN, SCOTT OFFICIATE 7 GAMES $126.00 • SEVEN WEST WASH & DRY LAUNDRY $17.57 SHOPKO VIDEO TAPES $14.89 SIMONSON LUMBER CO PLYWOOD FIR $19.16 STANDARD PRINTING HOT FILE $31.51 STAR CABLEVISION MARCH SERVICE $4.08 STAR TRIBUNE SUBSCRIPTION RENEWAL $19.50 STREICHERS 12 GA TACTICAL $48.71 OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10 Page 4 ----------------------------------------------------------------------------- TARGET CENTER WORLD SKATING -46 TICKE $1,403.00 TEK MECHANICAL REPAIR BATHROOM CAMPGR $2,103.38 • TEMPLETON INC JAN & FEB CONTRIBUTION $436.71 THE SALTMAN WATER SOFTENER $1,544.25 TICKET CRAFT 1300 TICKETS 3 SETS $212.90 TWO WAY COMM INC MIC CORD $169.11 U.S.P.C.A. REGION 12 DUES- R.BAKKEN $60.00 UNITED BLDG CENTERS PLYWOOD $508.77 UP & AWAY BALLOONS WINTER BANQUET DECORAT $25.00 VFW POST 906 83 SERVED FOR SR. DINN $581.00 VIEYRA,REBECCA KIDDIE CARNIVAL $20.19 VIKING COCA COLA POP, CUPS $59.00 VIKING OFFICE PRODUCTS STAPLES ETC $125.23 W. M. MONTGOMERY PROF SERVICES $1,681.00 WAAGE, RICHARD INVESTIGATION EXPENSES $118.20 WAL -MART SUPPLIES $61.97 WALDRON, ERIC KIDDIE CARNIVAL $20.19 WEST PUBLISHING CO MN RLS CT $20.61 XEROX CORP 5052 CONTRACT PAYMENT $329.80 ZWASCHKA, LOIS SKATING REFUND $56.58 $41,013.75 $151,207.95 INSURANCE FUNDS AMERICAN HEART ASSC 2 REG- GRAHAM & BAUMETZ $80.00 $80.00 • PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB 2 -26 $555.00 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB 2 -26 $110.00 H.R.L.A.P.R. EMPLOYEE CDNTRIB 2 -26 $191.40 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 2 -26 $1,809.00 PERA LIFE INS CO. EMPLOYEE CONTRIB 2 -26 $141.00 PERA - D.C.P. EMPLOYER CONTRIB 2 -26 $52.02 PRUDENTIAL EMPLOYEE CDNTRIB 2 -26 $140.00 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB 2 -26 $318.46 PUBLIC EMPLOYEES EMPLOYEE CONTRIB 2 -26 $11,737.67 TEMPLETON INC EMPLOYEE CONTRIB 2 -26 $428.65 WADELL & REED EMPLOYEE CDNTRIB 2 -26 $150.00 WITHHOLDING TAX ACCT EMPLOYER CONTRIB 2 -26 $25,380.35 $41,013.75 RURAL F. D. ALLEN OFFICE PROD BINDING COMBS $6.30 FESTIVAL FOODS COFFEE & POP $30.35 HUTCHINSON WHOLESALE SUPPLIES $1.27 INK SPOTS CRIMINAL REPORT COVERS $21.68 SPARTAN MOTORS INC COVER, HUBCAP $26.98 $88.58 • WATER /SEWER FUND AAGARO WEST FEB RECYCLING PICT ALLEN OFFICE PROD DESK ORGANIZER AM.PAYMENT CENTERS 3 MOS RENT AMI ROTO ROOTER PUMP LIFT STATION ANDREE, VAUGN DOUBLE PAYMENT OF BENNETT OFFICE SUP. KEYBOARD COVER (UP $22,212.27 $12.97 $68.00 DISP $65.00 WATE $179.00 $47.49 • • • OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10 BRANDON TIRE CO COAST TO COAST CROW CHEMICAL CO CURTIN SCIENTIFIC CO D.P.C.IND.INC DATA -CAL CORP ELECTRIC MOTOR CO ERICKSON CLEANING SERVICE FAMILY REXALL DRUG FARM & HOME DIST. CO FEED RITE CONTROLS FESTIVAL FOODS FIRST TRUST FITZLDFF HARDWARE FLOOR CARE SUPPLY G & K SERVICES HACH COMPANY HARRIS MECHANICAL HAVENMEIER, BRET HUTCH CONVENTION & HUTCH FIRE & SAFETY HUTCHINSON TEL CO HUTCHINSON UTILITIES HUTCHINSON WHOLESALE LOGIS MEIER, DOUG MN VALLEY TESTING LAB MPCA MWOA NALCO CHEM.CO NCL PLUMBING & HTG DOCTOR POSTAGE BY PHONE QUADE ELECTRIC SANIFILL INC SERCO LABORATORIES SHOPKO THUNDERBIRD HOTEL TRI CO WATER COND U S POSTMASTER UNITED BLDG CENTERS UNIVERSITY OF MN ------------------------- 2 TIRE CASINGS RETURNE CLEANERS RID ICE, TOWELS STIRRER SULFUR DIOXIDE TRG VIDEOS INSTALL BEARINGS CLEAN CARPETS FILM PLIERS, CLAMPS ACID HYDROFLUOSILICIC SUPPLIES PAYING AGENT FEES CONDUIT ELBOW VALU FOLD SHOP TOWELS REAGENT SET, APP SET JAN PREVENTIVE MTCE DOUBLE PAYMENT OF WATE JAN LODGING TAX HYDRO TESTS, RECHARGES PHONE SERVICE JAN GAS & ELEC SUPPLIES DEC COMP CHARGES TRAVEL FOR VACTOR REPA TESTING WWTF ANNUAL PERMIT REG- J.LANZ NALCO FLOCCULANT LAB SUPPLIES, GLOVES INSTALL 2 GAS HEATERS FEB POSTAGE 40' EMT TRASH LOADS - TESTING LEGAL PADS, PRO MIX, E LODGING- R.DEVRIES 3 BAGS SALT MARCH WATER BILLS POST SHELF BRKTS, SCREWS SAFETY VIDEO Page 5 - $200.00 $355.90 $78.96 $220.15 $484.58 $357.85 $56.33 $102.99 $3.90 $86.54 $606.84 $21.66 $646.25 $18.00 $551.73 $288.20 $86.41 $1,025.00 $42.77 $1,342.34 $182.43 $498.66 $646.13 $102.13 $3,289.82 $17.55 $339.00 $2,800.00 $30.00 $4,616.78 $208.25 $1,742.00 $141.62 $42.06 $19,765.08 $225.00 $64.75 $335.00 $14.70 $250.00 $33.37 $69.43 $64,175.31 $318,065.03 OPEN -HOLD COUNCIL REPORT Tue Mar 6 1994 13:18:56 Page 1 ----------------------------------------------------------------------------- CITY HALL CONST. • HUTCHINSON TEL CO PHONE SERVICE $200.37 $200.37 GENERAL FUND HUTCHINSON TEL CO PHONE SERVICE $5,166.50 MEDICINE LAME TOURS TOUR FOR 20 $640.00 MN MUNICIPAL BOARD ANNEXATION FEE $261.50 $6,068.00 WATER /SEWER FUND HUTCHINSON TEL CO PHONE SERVICE $540.04 $540.04 $6.808.41 WIRE PAYMENTS is PAYROLL FUND N1n Dept of Revenue employee contribution 4,996.90 RED & POOL DEBT SERVICE Chemical Bank principal & interest 38,805.00 WATER 6 SEWER FUND Chemical Bank interest 13,631.25 • L E E HANDWRITTEN CHECKS TUES MAR 8, 1994 -------------------------------------- --------------------- - - - - - -- LIQUOR FUND Bernick's Pepsi pop 124.50 City of Hutch lottery sales 553.00 City of Hutch payroll 2 -18 4,165.71 City of Hutch payroll 2 -4 3,955.25 Coast to Coast supplies 22.70 Ed Phillips wine & liquor 5,716.08 Electro Watchman quarterly charge 261.99 Floor Care wet floor sign 57.68 Friendly Bev beer 446.90 Fronteer Directory listings 929.10 Griggs Cooper wine & liquor 7,655.56 Henry's Foods bags, cigarettes 1,275.50 Hermel cigarettes 553.94 Hutch Leader ads 319.00 Hutch Telephone phone service 105.52 Hutch Utilities gas & elec 1,033.07 Insurance Planners bond lottery 50.00 Johnson Bros wine & liquor 7,783.89 Johnson Brothers wine & liquor 5,401.37 Jordan Bev beer 573.80 KARP contract 155.00 Kubasch trash pickup 167.47 Lenneman Bev beer 2,333.90 Lenneman Bev beer 3,848.05 Locher Bros beer 4,532.97 Locher Bros beer 9,661.55 Lundholm, Lori windows 42.60 MN Dept of Revenue Jan sales tax 9,996.00 Quality Wines wine & liquor 4,180.71 Quality Wines wine & liquor 554.20 Quality Wines wine & liquor 77.13 Quality Wines wine & liquor 1,486.57 Retail Data System mtce contract 2,110.65 Retail Data System service call 96.00 Tri County Water water cooler 28.76 Triple G pop 14.50 Triple G beer 13,324.15 Triple G beer 9,364.90 Viking Coca Cola pop 394.00 TOTAL $103,353.67 . 4 C. M E M O R A N D U M March 2, 1994 TO: Mayor and City Council FOR YOUR INFO ftZ0N FROM: John P. Rodeberg, Director of Engineering /Public Works RE: Petition to Environmental Quality Board (EQB) in Regards to Hutchinson Iron and Metal Proposed Relocation Attached please find a petition for an Environmental Assessment Worksheet (RAW) for the above referenced project, and related correspondence from the EQB. Please note that the procedures outlined in the letter from the EQB call for the City to make a determination if an EAW is warranted within 39 working days. I will review the petition and make a recommendation to the City Council for the meeting of March 22. We also are planning a • meeting with the HCDC and adjacent land owners on Monday, March 7 and are scheduled to consider the Conditional Use Permit with the Planning Commission on the 15th. The Planning Staff has recommended continuing the meeting until all required information has been supplied. CC: Dick Lennes - HCDC FILE: Hutch. Iron & Metal City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on recycled paper - • February 28, 1994 Mr. John Rodeberg, Director of Engineering /Public Works City of Hutchinson Hutchinson City Center 111 Hassan St. S. Hutchinson, MN 55350 -2522 RE: Petition for an Environmental Assessment Worksheet (EAW) for Hutchinson Iron and Metal Relocation Dear Mr. Rodeberg: The Environmental Quality Board (EQB) has received a petition requesting that an EAW be prepared on the project described in the petition, and has determined that the City of Hutchinson is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules, parts 4410.0200 to 4410.7800. Please contact me if you do not have access to these rules. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: No final government approvals may be given to the project named in the petitions, nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100.) 2. A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. 3. If preparation of an EAW is neither mandatory nor exempted, the City has the option to prepare an EAW. The standard to be used to decide if an EAW should be done is given in part 4410.1100, subp. 6. Note that this requires • that a record of decision including specific findings of fact be maintained. i � 11111B1Mfull 11/11111 10110 151 11111 sillfi r Pill 11 55155 117 741 -7181 IR7 117 741 -11RR 11111 PPPYIRIP Al M 0II1VIRe February 28, 1994 Page Two 4. You are allowed 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petitions at this time (e.g., no application has yet been filed or the application has been withdrawn), the petitions will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project identified in the petition. Notice of the petitions and its assignment to your unit of government will be published in the EOB Monitor on March 14, 1994. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296 -8253 or you may call on our toll -free line by dialing 1- 800 - 657 -3794. Sincerely, Gregg Downing Environmental Review Coordinator cc: Steve and Shelly Eggert • • 40 `7-77, r.1. A. • • Mr. Greg Downing: We are petitioning for an Environmental Impact Statement because of the ! proposed move of Hutchinson Iron & Metal (Owner, Mr. Jay Freedland). We:.feel this move will have a great impact on the surrounding environment. The proposed site is in McLeod County, west of Hassen Valley Township, east of the Farmers Elevator. North is bordered by Arch Street and the Fischer residence borders the east and the railroad borders to the south. Mr. Freedland has signed a purchase agreement with the Farmers Elevator for approximately four and one half acres. Which he has had to apply for a conditional use permit. (Copy of permit enclosed). To fully utilize this acreage about an acre of wetland Type 2 -3 Combination will have to be filled in. In doing this the run off from the Scrapyard will run into more wetland to the east, which is private property. This wetland when full comes within • 100 feet of a neighboring house. If the wetland becomes contaminated what health effect will this cause? We have three residences within 250 feet Of the proposed site, which all have private wells. Since these hares are in the township of Hassen Valley and the proposed site is within the city limits of Hutchinson, bordering the Township, the government of the city doesn't seem concerned as to the environmental effect in this township. Since their own city ordinance says they cannot put such a site within a 1000 feet of a residential zone. The natural drainage from the proposed site will run into the Crow River and that is why we are concerned about the run off of surface and ground pollution. It was stated at the Hutchinson Council Meting on January 25th there is some real concern of a cleanup at the present site. We don't want to see the • proposed site polluted, or our lands which border the proposed site. At least soil testing could be in order? The wetland which will be affected if polluted is a type 2 -3 combination with cattails. This area is home to several wildlife species which pollution • will certainly have an affect. There is also concern for the noise pollution and rats which are known to be at the present site. What effect will this proposed Scrapyard have on the wetlands, surface and ground if it becomes polluted? If the wetlands becomes polluted what effect will it have on the surrounding residences? What effect will it have on our wells (which are within 250 feet) if it becomes polluted? What effect will it have on our abundant wildlife? Who's responsible for clean up, if ground and wetlands should become polluted? What effect will this Scrap yard have on the County Ditch (19A.) that flows into the Crow River? * Enclosed you will find pictures of the scrap yard marked with potential • Pollution hazzards. * Pictures of the present scrap yard and the proposed scrap yard site and also of the present wetlands. * Plat maps of marked sites. * Zoning Ordinances. * Newspaper Articles * Copy of application for G-)nditional Use Permit. We want to thank you for your tii(e and the opportunity to voice these deep concerns of ours on the proposed project. we would appreciate a reply as soon as possible since the planning hearing is March 15th, 1994. Sincerely, Morris Fischers & Steven Ergerts Our representatives are Steve & Shelly Eggert, 1105 Arch Street, Hutchinson, • Minnesota 55350 4 587 -9348. CITIZENS PETITION TO INITIATE AN ENVIROMENTAL ASSESSMENT WORKSHEET • WE THE FOLLOWING CITIZENS ARE CONCERNED THE PROPOSED MOVE OF HUTCH IRON AND METAL (SCRAP YARD) SHOULD IT TAKE PLACE, HAS THE POTENTIAL TO DO SIGNIFICANT HARM TO THE ENVIROMENT. rc,h 6�. �/u �ch,eiso.)l rev• 5� d ' tom U /OS Q�ch 'ji AacAt- /'Jn. as35o 587 -93 8 -S-3 J7 7- 8'.z 7b S53,5 Z� �7 —br�7 rl S7- yLtesc' %rlr7 //VZ- ! I Lt �`fT�kJ N %�iJ JjJu t '� n �1U111 // lJE fc W1161So:7 Hsi •cue. �/, a "y • 44 fl,s%"� r'l.p 5535 c � ieullvmi ,iIU ss >ro 7191 ►^ 5535v Ar�osu AN ss.3scl , 11 fJ z cam\\ : 70q y u Top D ,tl� �I Lr,l 6Si6S ISJC�' -may/ , /J/ptwz / 130 ilk %�QCe 8/8 /li /lire fir.c�ii� 4ZO S� • �%C /� ` Z,, � �7- �c �9'sss-o M17 Ss3-5)D m s � s$7 -WT .s47- /7 • 7. Present Zoning District: 8. Zoning Ordinance Section Authorizing • 12 Conditional Use Permit: S. IS 9. Present Use of Property: 10. Proposed Use of Property: vacant Scrap Yard ll. Description of Request: Cbnditimsi vAe paznit nuit: A scaled map survey is required to accompany th s application. The map should include the building site (lots), existing building, planned new build - ing(s), or addition(s), existing and proposed setbacks, street names and alleys, and N/S direction. 1 What will be the effect of the proposed use on hea th, safety and welfare- of occupants of surrounding land: 13. What will be the effect on existing and anticipated traffic conditions, including parking facilities on adjacent streets? s -ght increase in traffic APPLICATION FOR CONDITIONAL USE PERMIT CITY OF HUTCHINSON, MINNESOTA CITY O OF HUTCHINS N SUBMITTED DEADLINE: O:-or before the last working day of the m month. (including seal map s _ _ 1. N Name of Applicant: Date filed 1/25/94 Telephone N No. Hutchinson. Trcn a Metal, Inc. 2. A Address of Applicant: 304 - 1st Ave SE Hutchinson, MN 55350 3. N Name of Property Owner: (if different from applicant Hutchinson Farmers Elevator Association 4. A Address of Property Owner: 1200 Arch St. Hutchinson, MN 55350 5. S Street Address of Property Involved: 1200 Arch St. Hutchinson, MN 55350 6. L Legal Description of Property Involved: ( (Circle one - abstra - - torrens) See Attached 12 Conditional Use Permit: S. IS 9. Present Use of Property: 10. Proposed Use of Property: vacant Scrap Yard ll. Description of Request: Cbnditimsi vAe paznit nuit: A scaled map survey is required to accompany th s application. The map should include the building site (lots), existing building, planned new build - ing(s), or addition(s), existing and proposed setbacks, street names and alleys, and N/S direction. 1 What will be the effect of the proposed use on hea th, safety and welfare- of occupants of surrounding land: 13. What will be the effect on existing and anticipated traffic conditions, including parking facilities on adjacent streets? s -ght increase in traffic Page 2 . 14. What will be the effect on property values in the surrounding area? I don't )mow t will be the effect of the proposed use on the comprehensive plan 10. now wiii the proposed development be designed, arranged, and operated in order to permit the development and use of neighboring property in accordance with the applicable district regulations? the site will be designed, arranged and operated so as not to affect the adjoining Property in any way ��Arlvwleuyemenz ana signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Hutchinson ofrtheeCity ofnHutchinsonland theelawsaofothenState of Minnesota. • owner signature reoui Date: 1/25/94 To be completed by staff: Property Identification No. 0 ----------------- .�Mi SrE,,nAG? Nf3NiEld' ni: :,�� $11#i4il:e' a � 'MF'SY•a: .,s YETIR%P IItI�! •'NiI�M�A+Iai ER>1B ..• - y-..�L� .�' _ \�4 ^ +�i.:l?{,'tA: '. FC = #5r:�M}Cw4!Yyi�AiFD ` wlASlili��7a� .I NOT TO i .ISPRUOI i { 4k 1� c. •�3Q � N- t r 0. vl, C 1. 1 v, /_� r �s LA 1— _J _LL j 61r7- I� ®I• �;sT10 - HASSM VALLEY 0 TOWNSHIP 16 NORTH CODE -6 RANGE 29 WEST MOT[1fL90N ..— .1 — TINS a 3 t W. V f s I SUMTER M It E K E R C O 130W k29W • >' .. • I: � Be _ r -_ley . Cedar Lake @ Lake T 5 +' • 19 • • • \�ri •, r,J • ' Lake • _"'- 3 • - 1 Is «1 ' • \ �ti t A . 7 Byron . " - • •• N ear ka • • • • iti% sj v. G - 1�/�'\�, L� • - Lwke v /�/ aaf x•11 Emily Fir rich '"A 1.. Lake • • • 'r • • 13 II • 17 Lei IS' • ® N • • , If• 1 • , •� r,ws. • �' 7 wt.cek •� C. 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Use this amount for the .pedal property lax refund on schedule t of Form M 1 PR Now Imp. 600 YOUR PROPERTY TAX AND HOW IT IS REDUCED BY THE STATE Est. MV 4 8 O O 53P70O 3. You property tax before reduction by stale pad sots and credits Propeny, description lox lax purposes onty. a. Ad gad by the State of Minnesota to reduc,.jocj BQry4ax AP W 112 SEC 5-116-29 5. A. Homestead and ADroNlual cred' p dji the State ofMn fiegots LOT-008 B. Other credits Paid by the Slate of j^I ota ^� S. You property tax after reduction by stales�-p,e ""o rr, t/ d,, c, jj 1 .I WHERE YOUR, PROPE.sTT.TAK DOCLARZOO INT.: NO RECEIPT SENT UNLESS REQUESTED. YOUR CANCELLED CHECK IS YOUR RECEIPT. YOUR CHECK IS NOT VALID UNTIL IT CLEARS THE BANK. 7. County S. City ce town ��1 •� r. 9. Scholl dislrKl ' pp 10. Special lasing districts A. C -WIDE e Cr 11. Voter approved relerends levies 12. Total Poperly Ias txfore special assessments 13. SPada1 sessssmenls added to this progeny tax blew taw Vpur 1. is property tax and spacial as"Ismanla STEVEN V 6 MICHELE R EGGERT 1105 ARCH ST HUTCHINSON MN 55350 MAKE CHECKS PAYABLE AND MAIL TO LINDA J. RADTKE. McLEOD CO. TREASURER e3D 11701 ST. E. GLENCOE. MN 55336 0,423 538.00 1!873.02 704.41 630.61 538.00 209.62 54.73 272.62 1.03 .00 538.00 10.00 548.00 FIRST HALF DUE I S MAY 15 0 317.00 634.00 2!189.30 812.73 742.37 634.00 250.15 67.30 315.28 1[27 .00 634.00 .00 ECOND HALF DUE 317.00 You may bo aNglble fore" or ewn two refunds fo rsdrtca yourpropatl y fax. Read fhe back of this statement to find Out how to apply. DAVID B. ARNOLD • DART D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOOE LAURA R.PRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. REBER OINA M. BRANDT February 22, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAw 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX (612) 587-4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY O. HARRY ANDERSON Re: Cable Communication Issues Our File No. 3244 -92054 Dear Gary: C FLJI04 ic. -`lam OF COUNSEL WILLIAM W.CAMERON RAYMOND C. TALLIER 3881 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612 545-9000 MN TOLL FREE 800-343 -4545 PAX(612)545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612)389 -5506 FOR YOUR INFORMATION I had a chance to meet with the Mayor and other interested parties on the issue of whether or not the City should separate the two organizations formally or informally charged with responsibility for cable franchise renewal negotiations. As I am sure you know, at present, the City has an informal cable television advisory board that is not recognized by ordinance and membership in which is generally coterminous with membership on the Board of Directors of Hutchinson Community Video Network, Inc., a non profit organization under 501(c) (3) of the Internal Revenue Code. The latter organization is charged with the responsibility of managing and promoting public access. The community of identity between these two organizations is largely an accident of history rather than any kind of conscious plan and, in fact, ten years ago when public access in this community was revitalized by the hiring of the present coordinator, Sue Potter, neither group was active in any significant way. Obviously, both public access and cable television are fertile fields for new developments in the recent past. We have every reason to expect this trend to continue. The Mayor was of the opinion that the Council should discuss the . issue of whether to separate the two entities and create by ordinance a formal cable television committee or commission. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BA8 ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz February 22, 1994 Page 2 I have not drafted such an ordinance because I have not yet been directed by the Council to do so, but it does seem to me to be a subject of substantial merit and worth considering. It should be noted that I have not polled the Board members to determine if they agree to disagree with the proposed change. The above is for your information. Please contact me with questions. CC Cable TV Advisory Board HCVN Board i • • February 21, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARR PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX (612) 587-4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON ,` ,� FE8 jg� RECtr Re: Hutchinson Airport Condemnation Project Our File No. 3244 -93069 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER S I CEDAR LARE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800- 343 -4545 PAX(612) 545 -1793 501 SOUTH FOURTH STREET 'RINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 1EOR YOUR INFORMATION Enclosed please find a statement from Robinson Appraisal Company for $3,000 for the preparation of an appraisal of the fair grounds property. This invoice is within the range quoted by Mr. Robinson and I have reviewed his final product and have found it to be acceptable and accordingly, his invoice can be paid at your convenience. I am also enclosing for your information a copy of the summary page prepared for the Minnesota Department of Transportation which reflects the valuation numbers that Mr. Robinson arrived at for the fair grounds property. I would suggest that this correspondence along with that valuation page be included in the next City Council packet for the Council's information. The valuation that Mr. Robinson arrived at is consistent with the re- evaluation that Dave Lorence did on this property. Lorence indicated that, based on more recent sales, he could support a valuation on the property in the mid $60,000 range. I realize the Fair Board would very much like to see a higher figure and an argument could be made that this is to the advantage of the City in that the City does receive substantial reimbursement from the State of Minnesota for this project. However, I see no prospect that such an evaluation can be arrived at and the only way such a figure could be achieved would be if a formal condemnation • hearing was held and that figure was the one arrived at by the Commissioners. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION " CERTIFIED AS A HEAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID H. ARNOLD GARY D. MCDOWELL A. ANDERSON •STEVEN G. BARRY ANDERSON' STEVEN S. HOGE LAURA E. PRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCGEE CATHRYN D. REHER GINA M. BRANDT February 21, 1994 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARR PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX (612) 587-4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON ,` ,� FE8 jg� RECtr Re: Hutchinson Airport Condemnation Project Our File No. 3244 -93069 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER S I CEDAR LARE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800- 343 -4545 PAX(612) 545 -1793 501 SOUTH FOURTH STREET 'RINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 1EOR YOUR INFORMATION Enclosed please find a statement from Robinson Appraisal Company for $3,000 for the preparation of an appraisal of the fair grounds property. This invoice is within the range quoted by Mr. Robinson and I have reviewed his final product and have found it to be acceptable and accordingly, his invoice can be paid at your convenience. I am also enclosing for your information a copy of the summary page prepared for the Minnesota Department of Transportation which reflects the valuation numbers that Mr. Robinson arrived at for the fair grounds property. I would suggest that this correspondence along with that valuation page be included in the next City Council packet for the Council's information. The valuation that Mr. Robinson arrived at is consistent with the re- evaluation that Dave Lorence did on this property. Lorence indicated that, based on more recent sales, he could support a valuation on the property in the mid $60,000 range. I realize the Fair Board would very much like to see a higher figure and an argument could be made that this is to the advantage of the City in that the City does receive substantial reimbursement from the State of Minnesota for this project. However, I see no prospect that such an evaluation can be arrived at and the only way such a figure could be achieved would be if a formal condemnation • hearing was held and that figure was the one arrived at by the Commissioners. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION " CERTIFIED AS A HEAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz February 21, 1994 Page 2 I have requested that the State authorize the additional funds for negotiation purposes with the Fair Board. No Council action is required at the present time. Should you have any questions or comments in connection with any of the foregoing, you certainly should feel free to contact me. Thank you. Best regards. Very truly yours, 9 Bgrry Anderson BA :lm Enclosures • • i•. ^.; C�J! •�i�- 17S5/�1l l�ii:VlSa:il .i -:vJ) yLATE OF M"N ESOTA URBA:: PROPERTY VALUATION 5U:'•!i•1;,R At!ri COaCLUSIMIS 4 DEPARTMENT OF TP.AXS PORTAT IO ?1 PARTIAL. TAKLOC; S.P. i�trhijggn Airport N0. Fairarpu�Su ary or Appraisal lOn County McTPM ESTIRATE OF VALUE BEFORE TARIM Owner McLeod Co. Agricultural Land Value _32.11 Ig%gt-A, Own 5 9601;lf) Ass oclarion s C/ Property AZdress Lots 1 & .2, Block 2, Fair Grounds Addition Appraisal Date January 21, 1994 Rights and interests appraised Fee simple X Easement Tenant':_ interest: Other Zoning I /C. Industrial &go cial doPresent Use Vacant Improvements None S -Q- Landscaping None -0- TOTAL F.STIidATE OF VALUE. AFTER TAKING Ac. Land Value 13,22 Ak/ $2,700 535,700 sf/ mp M [1 Remaining Highest and Best Use I rprovtcents None S -0- Before Industrial /Commercial Landscaping None -0- After us Cottmercia Lot size See Sketch x TOTAL $35,700 _ 32.17 Acres Land Area TOTAL DAMAGE S 56,850 Improvements ' ALLOCATION OF ACQUISITION Type of Building None Ac. Living Units None. Land Taken 18:95 at/ 5 ,000 S SS 5 n _. Improvements Taken None S -0- — Landscaping None -0- Serverancc 11.22 Ac. @ $300/Ac: 3,966 — Appraised I \��. ;�1wlvY�1 'v it Date January 71 _ 1QQA TOTAL DAt•IAGE 560 R M [1 Robinson Appraisal Co. Inc. 115 South Broad Mankato, MN 58001 F City of Hutchinson ATPESSPION: G. Harry Anderson, City Attorney 101 Park Place Hutchinson MN 55350 -2563 L J Terms: After 30 days, 1% INVOICES Date: February 15, 1994 File No.: 931111 File Under: 1D-O Services Rendered: Charges Total Due Narrative market value appraisal ( "Before" and "After ") of McLeod County Agricultural Association land, Hutchinson, ,,,$3,000.00 $3,000.00 Includes 1 original, 1 copy, • mease mauae one copy of the invoice with your check. Thank You! Pay last amount in this column. • DAVID B. ARNOLD •GARY D. MCDON•£LL STEVEN A. ANDERSON O. BARRY AN'DERSON' STEVEN S.HOGE LAURA X. FRETL_kND DAVID A. BRUEGG£MANN PALL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANDT February 16, 1994 ARNOLD & - McDOIVELL kTTORNEYS AT LAW 101 PARK PLACE H UTCHINSON, MINNESOTA 53330-2563 (612) 587 -7575 FiY (612) 587 -4096 f RESIDENT ATTORNEY O. BARRY ANDERSON Hutchinson Area Chamber of Commerce 45 Washington Avenue East Hutchinson, Mn. 55350 Re: Mainstreet Association Our File No. 3188 -87031 Dear Chamber Representative: FOR YOUR INFORMATION OF COOSSE1 WILLIAM W. CAMERON RAYMOND C.IAIIJER 5881 CEDAR LAIfE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE BOO - 343-4545 FAX (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 PAX (612) 389 -5506 T * G2 a '*Ago V BY_f' In reviewing the above referenced file, I note that the so- called . "Popcorn Wagon" was leased to certain individuals beginning in May of 1993 and ending in October, 1993. obviously that lease has now expired. • Please note under the franchise that a lease is required as well as a certificate of insurance. At your convenience, I would appreciate it if you would advise as to the status of this matter. Thank you. Best regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm CC _Gary Plot% 'CERTIFIED AS A CI\ "IL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE filNN£SOTA STATE BAR ASSOCIATION f0R Y��R 1Nf�R • Pioneerland Library Board of Directors Mq rION Saturday, January 22, 1994 - 2 pm at Renville Community Center, Renville, MN The meeting was called to order by President Nancy Alsop. New board members present were introduced: Larry Ladd, representing the city of Hutchinson, and Pam Anderson representing the city of Dawson. Two guests were also in attendance representing the city of Glencoe in the absence of Linda Johnson. It was also noted that Arlene Lacombe, the commissioner and long time PLS board directory from Big Stone County, was in attendance for their new director, Richard Lane. The minutes from the previous meeting had been mailed to everyone. A motion was made by Al Huff, seconded by Dorothy Tebben, passed, to approve the minutes as presented. The finance committee chairman, Orville Rudningen, made a motion to accept the treasurer's reports for October and November (also, it was noted that December's report is not completed yet) . The motion was seconded by Tebben, passed. Orville also reported that the finance committee had met briefly at noon and had two items for action. First, the system van is in need of immediate repairs or replacement. They made a motion that PLS lease a van for 6 months at a cost of about $600 per month (taxes included) . During that time the system study committee will evaluate our long term actions. The $3600 leasing amount potentially can be used toward a purchase price. The money for this action should come out of the vehicle replacement fund. The motion was seconded by Dennis Hauer. Some discussion followed - and the motion passed. Second item: there is a need for a computer work station at the Montevideo processing center. This work station would also facilitate the use of the CD -ROM cataloging. The cost is estimated at $2700 for computer, CD -ROM readers, printer and updating of an existing work station. About $900 of the cost would come from PLS gifts, and the remaining amount from the PLS reserves. Rudningen moved, Al Huff seconded, and it was passed to secure a station for that purpose. On behalf of the Finance Committee, Director John Houlahan explained the status of Unemcumbered Reserves for 1993. Referring to the report passed out to board members, he stated that there still needs to be some verifications made from the local sites. The committee's recommendation and motion is to set a goal of December 31, 1996, for having all of these funds available. The placement of this monies could also be used to facilitate the temporary cash flow problems of PLS. The motion was seconded by Judi Bohm, passed. At this point a note was made by Finance Committee chairman, Rudningen, PLS's financial situation has been stabilized this past year.- A word of thanks was extended to Director John Hallohan for his efforts in this area. A report from the Automation committee was given by Associate Director Kathy Matson. The CD disks replacing the fiche system are currently being produced. Training for the local libraries will be taking place close to the first of March. All local libraries are in the process of securing funds to purchase a personal computer that can be used with the CD rom disks. The Personnel Committee had nothing to report at this time. Nancy Alsop reported for the System Study Committee. She reviewed the flyer in our packets containing information about the local board member workshops. They wil-. :-.. =:eld during the month of February. Everyone is encouraged to participate in an event close to them. The Policy Review Committee reported that all signatories have signed the • Pioneerland Library System agreement. This means that the agreement has been approved. They will now look at addressing the concerns that were raised. Possible amendments will be formalized. During this report Louis Sherlin, from Yellow Medicine, noted that their concern about the removal of the bookmobile is still an issue. A previously tabled issue was discussed next. The city of Willmar is looking . into the present and future needs of their library building. A motion was made by Judi Bohm, seconded by Marie Schoener, passed, to organize a Space Planning committee to help in this planning. Because PLS's office space is currently a part of the Willmar Library we should have an interest in the direction of this study. There was no old business. Under the topic of new business, Kathy Matson gave her statistical report. Circulation was over 1,000,000 for a second year! She also drew our attention to the updated list of board members and passed around news clippings about library activities. Sign up sheets are available for MLA Legislative Day. John Houlahan presented his director's report. He also thanked those who had led the workshop for their time and information. Election of officers was then held. A motion was made, seconded, and a unanimous ballot cast for Nancy Alsop as president. Elected in a similar fashion were: Roy Johnsen, vice president; LeRoy Sanders, treasurer; Delorus Brunner, secretary; and Orville Rudningen, financial chairman. The final act of business of the board was to say a special thank you to Renville for the use of the Community Center for our meeting. Meeting adjourned. Jan Kreie, acting secretary 0 • 1] HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, February 7, 1994 The meeting opened at 7:00 p.m. The minutes were' read and approved. The bills and runs were read as follows: BILLS CITY AND RURAL ACCOUNT Coast to Coast 3.82 U of M 120.00 Coast to Coast_ 5.94 MCMT 21.85 Coast to Coast 17.43 Med- Compass 1793.00 Coast to Coast 8.24 Coast to Coast 16.78 Popp Elec 66.71 Coast to Coast 1.36 Allen Office 89.44 Coast to Coast 2.53 Hutch Wholesale 11.30 Cenex 7.12 Hutch Wholesale 13.85 Floor Care Supply 8.14 Hutch Wholesale 59.84 Two way Comm 30.00 Hutch Wholesale 6.00 Two Way Comm 95.20 Hutch Wholesale 13.53 Farm and Home 91.51 Hutch Wholesale 4.96 Coast to Coast 14.86 Hutch Wholesale 10.64 Coast to Coast 10.31 Hutch Wholesale 12.58 Coast to Coast 14.58 Fitzloff Hardware 42.59 Coast to Coast 30.08 Bennett Office 13.09 Hutch Wholesale 6.33 Cashwise 15.95 Hutch Wholesale 21.81 Standard Printing 47.93 Hutch Wholesale 2.79 Heiman Fire Equip. 692.06 Hutch Wholesale 14.87 Brad Emans 15.50 Hutch Wholesale 1.48 Randy Redman 9.50 Hutch Wholesale 14.80 Steve Schramm 32.00 Town & Country Tire 4.50 Jim Brodd 17.75 NFPA 540.00 John Reynolds 30.50 Sewing Basket 4.26 Bruce Precht 21.50 Hutch Fire & Safety 65.00 Ed Homan 30.75 Bennett Office 10.00 Rob Carlson 2.50 Schramm Imp. 63.53 Gary Forcier 4.00 MCMT 21.85 CMFRA 40.00 Future Computers 3199.00 Allen Office 2.61 Cenex 27.72 TOTAL $7887.77 MN St. F.C. Assn 90.00 MN St. F.D. Assn 200.00 • HUTCHINSON £IRE DEPT. MINUTES 2/7/94 PAGE 2 • GENERAL ACCOUNT 7 West Truck Stop 9.59 Cashwise 3b.06 Family Rexall.Drug 42.43 Green Isle Fire Dept. 9.00 Victorian Inn 25.00 U.S. Postmaster 58.00 TOTAL $180.08 !lLiJ;b`: 1/2 Holtz 1/18 Hutch Utilities 1/3 Mutual Aid /Medical 1/18 Hutch Utilities 1/4 HTC East 1/24 Library 1/5 Medical 1/24 Evergreen 1/6 Medical 1/26 10 -52 1/7 Medical 1/26 Hutch Police /Rescue 1/7 Medical 1/27 Library 1/8 _Medical 1/28 Park Towers 1/9 HTI 1/29 Medical 1/13 Medical 1/31 Cook 1/14 Adamek 1/31 Gustafson 1/14 Smith 1/3 Drill /Meeting 1/16 Bietz 1 /10 Physicals • 1/16 Krueger 1/17 Map Reading 1/17 Meeker /McLeod Day Treatment 1/24 Regional A motion was made and seconded to approve the bills and runs as read. Steve reported if ordering anything for department let him know. Randy reported on Haz -Hat class and blood borne pathogens. Brad reported on regionals. Banquet will be May 7th at the Country Club. The dance will be April 23rd. Brad reported please check all equipment before leaving fire scene. The meeting adjourned at 7:30 p.m. Respectfully submitted by, Bob Schantzen Secretary • • HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER-'S MEETING Monday, February_14, 1994 The meeting opened at 8:45 p.m. Tom P. reported please be careful when approaching rural fahmsites. Truck have been getting scratched up. Steve S. reported on rural budget equipment. The meeting adjourned at 9:25 p.m. Respectfully submitted by, Bob Schantzen Secretary ANNUAL TOWNBOARD MEETING February 17, 1994 The meeting opened at 8:00 p.m. Minutes were read from the previous Town Board meeting. Brad Emans reviewed the 1993 Annual Report fire calls. Gary Henke reported on the 1993 Annual Financial Report. Gary reviewed the 1993 Fire-Protection Assessment Options. Motion was made and seconded to accept option one. Option 1-hand vote 18 for, 10 against. Motion for option 1 carried. Members present: Bernice Baumetz Robert Anderson Melvin Kobow Virgil Goetz Dorothy Bullert Duane Brett Clarence Ziemer Warren Nelson Gerald Urban Rod Schmeling Harvey Schlueter Milan Hoefs Marian Retzlaff LeRoy Schlueter Donald Schlueter Roger W. Zummach Lennea Klassen Ernst Duesterhoeft Grant Knutson Bob Theuringer Don Erickson Donna Wahl Leroy Karg Wanda Heinecke David Ondracek Lynn Township Hassan Valley Township Hassan Valley Township Acoma Township Acoma Township Biscay Biscay (council) Hutchinson Township Hassan Valley Township Cedar Mills (city) Cedar Mills (city) Cedar Mills (city) Cedar Mills Township Cedar Mills Township Cedar Mills Township Cedar Mills Township Lynn Township Lynn Township Lynn Township Lynn Township Boon Lake Township Hutchinson Township Collins Township Hassan Valley Township Hutchinson Township A motion was made and seconded to adjourn the meeting. The meeting adjourned at 10:10 p.m. Respectfully submitted, Bob Schantzen Secretary •