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cp01-03-1994 c./1 v`3 ✓4 5 AGENDA SPECIAL ORGANIZATIONAL MEETING - HUTCHINSON CITY COUNCIL MONDAY, JANUARY 3, 1994 CALL MEETING TO ORDER - 5:00 P.M. APPOINTMENT OF KAY PETERSON AS COUNCIL MEMBER TO FILL VACANCY ON CITY COUNCIL INSTALLATION OF NEWLY ELECTED MAYOR AND COUNCIL MEMBER AND APPOINTED COUNCIL MEMBER RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 10120 - DESIGNATING OFFICIAL NEWSPAPER (b) RESOLUTION NO. 10121 - APPOINTING LEGAL COUNSEL (c) RESOLUTION NO. 10122 - APPOINTING CITY ADMINISTRATOR FOR 1994 (d) RESOLUTION NO. 10123 - DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS (e) RESOLUTION NO. 10124 - DESIGNATION OF DEPOSITORY OF CITY FUNDS, FEDERAL SAVINGS AND LOAN ASSOCIATIONS (f) RESOLUTION NO. 10125 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON, MINNESOTA (g) RESOLUTION NO. 10126 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM MARQUETTE BANKS OF HUTCHINSON, MINNESOTA (h) RESOLUTION NO. 10127 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA ACTION - Motion to reject - Motion to waive readings and adopt Resolutions NEW BUSINESS J(a) SELECTION OF COUNCIL'S VICE - PRESIDENT - JOHN MLINAR ACTION - Motion to elect c CITY COUNCIL AGENDA - JANUARY 3, 1994 �b) DESIGNATION OF COUNCIL REPRESENTATIVES: 1. AIRPORT COMMISSION - Marlin Torgerson 2. HOSPITAL /NURSING HOME BOARD - Don Erickson 3. HUTCHINSON COMMUNITY DEVELOPMENT CORP. BOARD (HCDC) - Bill Craig 4. HUTCHINSON HOUSING, INC. (HRA) - Don Erickson 5. LIBRARY BOARD - Kay Peterson 6. MID - MINNESOTA COMMISSION - John Mlinar 7. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD - John Mlinar 8. PLANNING COMMISSION - Bill Craig 9. SAFETY COUNCIL - Kay Peterson ACTION - Motion to ratify Mayor's appointments ) ,/(c) APPOINTMENTS TO HEALTH BOARD ACTION - Motion to ratify Mayor'siappointmen�s �d) APPOINTMENT OF FIRE CHIEF AND FIRE DEPARTMENT OFFICERS • FIRE CHIEF - Brad Emans • CITY CAPT. - Jim Popp • CITY LT. - Jeff Nies • LADDER CAPT. - Gary Forcier • RURAL CAPT. - Dan Steele • RESCUE CAPT. - John Reynolds ACTION - Motion to approve appointments V,6'. ADJOURNMENT v RESOLUTION NO. 10120 DESIGNATING OFFICIAL NEWSPAPER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, The Hutchinson Leader be designated the official newspaper during the calendar year of 1994 for the City of Hutchinson. Adopted by the City Council this 3rd day of January, 1994. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor / A ' RESOLUTION NO. 10121 APPOINTING LEGAL COUNSEL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT G. Barry Anderson, of the law firm of Arnold & McDowell, is hereby appointed as City Attorney in exchange for payment of a retainer for a one year period from January 1, 1994 to December 31, 1994. Services to be included within the agreed upon retainer amount are: prosecution of police department cases; attendance at all City Council and Planning Commission meetings; preparation of resolutions and ordinances and other customary legal services in the normal course of City business. Matters such as appearances in state district court or federal district court, or appearances in the court of appeals or state supreme court, will be billed as additional legal services outside of the retainer agreement and at the usual and customary hourly rate to be approved by the City Administrator. In addition, collection actions may be billed on a contingent fee basis and any amounts received for such actions shall be considered apart from the retainer arrangement described above. Adopted by the City Council this 3rd day of January, 1994. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator � -/3 , DAVID B. ARNOLD GARY D. MCDOWELL STEVEN A. ANDERSON O. BARET ANDERSON STEVEN S. HOGE LAURA E. FRET? AND DAVID A. BRUEGOENANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. REHER GINA M. BRANDT December 20, 1993 Ai3NOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: General Retainer Matter Our File No. 3188 -87001 Dear Gary: OF COUNSEL WILLIAM W. CAMERON RAYMOND C.I &T MEE 5881 CEDAR LA $E ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800- 343-4545 FAX(6M)545 -193 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 2N2223'42S oocco N REECEIVED w U BY 10V4; I am enclosing herewith a proposed Resolution dealing with the appointment of legal counsel. I have revised this from the ordinance as adopted in January, 1993 to reflect the following changes: 1. I have deleted the reference to a "cap" for legal expenditures for appearances in court; 2. I have deleted the reference to "legal services for all bond issues" because that language seems to be a hold over from the 19701s. It was my understanding that then City Attorney Mr. Schantzen had an arrangement with the City where he retained bond counsel. That arrangement no longer applies and the City contracts directly with Jerry Gilligan at Dorsey 6 Whitney to provide those services. Thus, the reference should be deleted from the Resolution; 3. I have also included a reference requiring our hourly rate to be approved by the City Administrator on an annual basis. We are presently charging $85 per hour for municipal legal work in comparison with our usual hourly rates which are in excess of this figure. Although I recognize the budget for 1994 has been set, I would like to open a dialogue regarding the retainer agreement with the City for the provision of legal services. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE NA a ASSOCIATION ­CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCLTION 4�k 4 Mr. Gary D. Plotz December 20, 1993 Page 2 As matters are presently constituted, I have an attorney on staff who is devoting virtually 100% of her time to the prosecution of cases for the Hutchinson Police Department. In addition, the volume of work produced by the Police Department has been increasing geometrically. Although such things are difficult to measure, it would be my guess that this office is producing two or three times as much legal work for the City as when we first began serving the City as general counsel. I mention this all by way of background. My purpose in connection with this correspondence is not to outline any specific programs or suggestions but to simply introduce the topic because it is clear over the next several weeks and months that we should be looking at how to most efficiently and effectively provide legal services to the community. Regardless of the approach taken, unfortunately, it is likely that the cost will increase substantially. I look forward to visiting with you and members of the City Council on this topic in the months ahead. Best regards. Very truly yours, ARNO & cD WE G. rry Anderson GBA:lm Enclosure RESOLUTION NO. 10122 APPOINTING CITY ADMINISTRATOR FOR 1994 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the following appointment to the indicated executive office of the City of Hutchinson is made for the period of one year. Compensation shall be continued as agreed upon by separate Council action: City Administrator Gary D. Plots Adopted by the City Council this 3rd day of January, 1994. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator 4-d' RESOLUTION NO. 10123 DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN COMMERCIAL BANKS AND INSTITUTIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the following named banks and institutions, which are authorized to do a banking business and act as depositories in Minnesota, be and they hereby are designated depositories of the Public Funds of the City of Hutchinson in the County of McLeod, State of Minnesota, by the City Council of said City, for the term commencing January 3, 1994 for one year: CITIZENS BANK & TRUST COMPANY, HUTCHINSON, MN THE FIRST BANK OF MINNESOTA, HUTCHINSON, MN MARQUETTE BANKS OF HUTCHINSON, HUTCHINSON, MN THE FIRST NATIONAL BANK OF MINNEAPOLIS, MINNEAPOLIS, MN NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS, MINNEAPOLIS, MN FIRST BANK ST. PAUL, ST. PAUL, MN AMERICAN NATIONAL BANK OF ST. PAUL, ST. PAUL, MN NATIONAL CITY BANK OF MINNEAPOLIS, MINNEAPOLIS, MN FIDELITY BANK AND TRUST COMPANY MERRILL LYNCH, DAIN BOSWORTH, INC. PIPER JAFFRAY & HOPWOOD, INC. SHEARSON LEHMAN BROTHERS SMITH BARNEY, HARRIS UPHAM & CO. INC. upon terms and conditions following, to -wit: THAT this designation is subject to the right of said City of Hutchinson, Minnesota to modify, vacate, or revoke the same according to law, and also subject to any depository agreement executed pursuant to Minnesota Statutes, Section 118.01 and Section 475.66, and THAT the use of these depositories shall be for monies from the proceeds of bond sales or grant reimbursement monies only. The interest rate from these institutions must exceed the interest rate of City financial institutions by more than .005. —yi RESOLUTION NO. 10123 BE IT FURTHER RESOLVED: THAT the City Administrator of the City of Hutchinson is hereby authorized and directed to deposit in said banks and institutions in special funds to be known as "City of Hutchinson" all monies that may come into his hands. BE IT FURTHER RESOLVED: THAT a copy of this resolution be filed with the City Administrator and each of the banks and institutions so designated. Adopted by the City Council this 3rd day of January, 1994. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator RESOLUTION NO. 10124 DESIGNATION OF DEPOSITORY OF CITY FUNDS FEDERAL SAVINGS AND LOAN ASSOCIATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT First State Federal Savings and Loan Association, Hutchinson, Minnesota is hereby designated as an official depository of and for funds of the City of Hutchinson up to the maximum designated by law. Adopted by the City Council this 3rd day of January, 1994. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator Y —L RESOLUTION NO. 10125 RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON, MINNESOTA WHEREAS, the Citizens Bank & Trust Co. of Hutchinson, a City Depository, has presented collateral as follows for the City of Hutchinson and Hutchinson Utilities: Adopted by the City Council this 3rd day of January, 1994. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor SECURITY AMOUNT RATE MATURITY U.S. Treasury Note $1,000,000.00 7.000 05 -15 -94 U.S. Treasury Note 500,000.00 6.875 08 -15 -94 U.S. Treasury Note 1,000,000.00 6.500 11 -30 -96 U.S. Treasury Note 500,000.00 4.250 07 -31 -94 U.S. Treasury Note 500,000.00 5.500 07 -31 -97 U.S. Treasury Note 500,000.00 5.125 11 -15 -95 U.S. Treasury Note 500,000.00 4.625 02 -15 -96 U.S. Treasury Note 1,000,000.00 3.875 02 -28 -95 U.S. Treasury Note 500,000.00 4.250 05 -15 -96 U.S. Treasury Note 1,000,000.00 4.125 05 -31 -95 U.S. Treasury Note 500,000.00 3.875 08 -31 -95 U.S. Treasury Note 1,000,000.00 3.875 09 -30 -95 U.S. Treasury Note 500,000.00 8.875 02 -15 -94 U.S. Treasury Note 500,000.00 6.875 02 -15 -94 Fed. Home Loan Bank 500,000.00 5.890 11 -25 -94 Fed. Home Loan Bank 500,000.00 4.800 07 -07 -98 Fed. Home Loan Bank 500,000.00 4.050 08 -04 -97 Fed. Natl. Mort. Assoc. 500,000.00 9.450 01 -10 -94 Fed. Natl. Mort. Assoc. 1,000,000.00 7.000 02 -10 -96 Fed. Natl. Mort. Assoc. 500,000.00 6.050 01 -12 -98 Fed. Natl. Mort. Assoc. 1,000,000.00 6.310 06 -17 -99 Fed. Natl. Mort. Assoc. 11000,000.00 3.331 10 -25 -96 TOTAL $15,000,000.00 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota that the Treasurer be authorized to accept said securities as collateral and that said collateral be deposited for safekeeping. Adopted by the City Council this 3rd day of January, 1994. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor RESOLUTION NO. 10126 RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM MARQUETTE BANKS OF HUTCHINSON, MINNESOTA WHEREAS, the Marquette Banks of Hutchinson, a City Depository, has presented collateral as follows for the City of Hutchinson and Burns Manor Nursing Home: SECURITY AMOUNT MATURITY U.S. Treasury Note M97 $ 500,000.00 05 -31 -97 U.S. Treasury Note A96 300,000.00 05 -15 -96 U.S. Treasury Note N94 500,000.00 06 -30 -94 U.S. Treasury Note R98 500,000.00 08 -31 -98 Denver Co. Airport Ref. Rev. 100,000.00 12 -01 -00 Burnsville, MN GO 125,000.00 02 -01 -01 Issaquah, WA King Co. UT GO Bank Qualified 100,000.00 12 -01 -04 Centerville, TX ISD 150,000.00 08 -15 -04 Decorah, IA SCH DIS 150,000.00 06 -01 -02 King Co. WAS S.D. 100,000.00 12 -01 -04 FNMA Pool 102248 ARM 12,725.00 05 -01 -20 FNMA MTG -BKD #226554 973.928.00 08 -01 -03 TOTAL $3,511,653.00 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota that the Treasurer be authorized to accept said securities as collateral and that said collateral be deposited for safekeeping. Adopted by the City Council this 3rd day of January, 1994. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator 4,& RESOLUTION NO. 10127 RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON, MINNESOTA WHEREAS, the First State Federal Savings & Loan Association of Hutchinson, a City Depository, has presented collateral as follows for the City of Hutchinson, Hutchinson Utilities, and Hutchinson Community Hospital: U.S. Treasury #890811034 FNMA Rem 12FA #920130001 FHLB F/R Note #930818001 FNMA 93 -138F #930830004 FHLMC 1535FA #930628023 TOTAL $1,000,000.00 02 -15 -16 2,000,000.00 01 -25 -22 2,000,000.00 08 -18 -05 1,000,000.00 08 -25 -23 3,000,000.00 12 -15 -22 $9,000,000.00 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the Treasurer be authorized to accept said securities as collateral and that said collateral be deposited for safekeeping. Adopted by the City Council this 3rd day of January, 1994. Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator 4 -#I T0: FROM: MEMORANDUM Mayor and Council Brad Emans, Fire Chief HUTCHINSON FIRE DEPARTMENT 205Third Avenue South East HUTCH INSON, MINNESOTA 55350 DATE: December 8, 1993 SUBJECT: APPROVAL OF 1994 -95 OFFICERS We request your approval of the slate of Hutchinson Fire Department officers for 1994 -95: Chief City Capt. City Lt. Ladder Capt. Rural Capt. Rescue Capt. Thank you /bb Brad Emans Jim Popp Jeff Nies Gary Forcier Dan Steele John Reynolds L. DAVID B. ARNOLD, GARY D. MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOGE LAURA R. PRE'TLAND. DAVID A. BHUEOOEMANN PAUL D. DOVE•• JOSEPH M. PAIEMENT• RICHARD O. WOES CATHRYN D. HEBER GINA M. BRANDT BRETT D. ARNOLD ALSO ADMITTED IN TEAS dND NCW YON. IAL50 ADMITTED M `NISCgN$IN December 29, 1993 ARNOLD & MCDOWELL ATTORNEYS AT LAW 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416-1492 16121 545-9000 Gary Plotz City of Hutchinson Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 MN TOLL FREE 600^343 -4545 FAX 16121545-1793 OT OD.SEL 'KILLIAN W. CAMERON RAYMOND C. LALLIER 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121 389-2234 FAX 1612, 389 -5506 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 ,612, 587 -7575 FAX 16121 587 -4096 FOR YOUR INFORMATION RE: Junker Sanitary Services, Inc. v. City of Hutchinson (Second Litigation) Our File No. 3244 -92057 Dear Gary: " -29 3037.72 4 Q RECEIVER BY. _ I am enclosing an update received from attorney Morgan Godfrey which is self - explanatory. I would ask that my correspondence as well as Morgan's correspondence be provided to the council on a confidential for your information item basis with the next council packet. Should you have any questions in connection with the foregoing, please advise. Thank you Best regards. Very truly yours, G. Barry Anderson GBA/pb Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE HAS ASSOCIATION ATToRNE1's: Jusaph B. Marshall Mutgan A- "hey Anira J. Jehl- Richaard M. Schultz" PAn.aLEanLS: Helen Rum Heidi Palm L :,reri K. Hmhspm,g Deborah 1rh-CulluW Debra J. Tumor . Admitted mCahti,m, "Admutd mW ixumsm M A R S H A L L & 4i" l L. sin pr nn Acenna N., . Circle Pine.. MN, iW14 December 22, 1993 A S S O C I A T E S, P.A Fir 01•784.430a . Ph,.ne n1I.78i.08aQ . 8d0.3!J.piyi Ms. Margaret Savage Attorney at Law FOR YOUR INFORMATION 2400 IDS Center 80 South Eighth Street Minneapolis, MN 55402 RE: Junker Sanitary Service, Inc. v. City of Hutchinson Court File No. C9 -92 -24534 Our File No. 105219.002 Dear Ms. Savage: The purpose of this letter is to respond to yours of December 20, 1993. I agree that the particular form of the Stipulation to be executed will depend on the nature of Judge McCarthy's order regarding summary judgment. In large part, your letter reflects our discussion, both privately and before the Court. However, there are a few points that were discussed which have not been addressed in your letter. I believe the following is an accurate summary of what was agreed to. 1. In the event counts 1 and 2 are dismissed, the parties agree that Junker will thereafter dismiss the remaining count, count 3, without prejudice, subject to reinstatement after the appeal is brought to a conclusion. At the conclusion of the appeal process, Junker may reinstate Count 3 by serving the Summons and Complaint, by mail, upon the City's attorneys, Marshall & Associates. In addition, my understanding is that the parties agree service of the Summons and Complaint will be done reasonably soon after the appeal is brought to a conclusion. The City agrees that it will not assert a statute of limitations defense based on the passage of the time from the institution of the second action (Court File No. C9 -92- 24534) to service of the Summons and Complaint regarding Count 3. However, it will be able to assert any other appropriate defenses in response to the Summons and _e Ms. Margaret Savage December 22, 1993 Page Two Complaint. In addition, it will statute of limitations defense for institution of this second action. 2. be able to assert the time passage prior to the The City will pursue its right to prosecute an appeal from the denial of its motion based upon discretionary immunity from the claims in Counts 1 and 2. The parties will execute a stipulation to certify the remaining issues regarding the statute on which the City bases its motion as important and doubtful and seek to have the Court execute an Order to that effect, so that immediate review may be had pursuant to Rule 103.03(h) (this is not a discretionary review). If argument is required, the parties agree to endeavor to persuade Judge McCarthy that the remaining issues on which the City bases its motion are important and doubtful. If for some unforeseen reason the Court does not agree to such certification, the City can still seek discretionary review. Junker agrees that it will dismiss, without prejudice, Count 3. Such dismissal and the reinstatement of such claims shall be handled in accordance with paragraph 1, above. 3. Judge McCarthy grants the motion only in part. The city will pursue any right of appeal it has to the extent the court denies the City's argument that it is immune from suit. The parties will stipulate that the remaining issues are important and doubtful and seek to have the Court execute an Order to that effect, so that immediate review may be had. For the same reason, if argument is required, the parties agree to endeavor to persuade Judge McCarthy that the remaining issues on which the City bases its motion are important and doubtful. If for some unforeseen reason the Court does not agree. to such certification, the City can still seek discretionary review. The provisions of paragraph 1 hereof relating to Junker's voluntary dismissal, without prejudice, shall apply to all counts from which an appeal is not being made. 4. Discovery. The parties agree that discovery may be reinstituted Ms. Margaret Savage December 22, 1993 Page Three after conclusion of the appeal process and any reinstatement of any counts which Junker had dismissed, without prejudice, pursuant to this agreement. Please let me know at your earliest convenience if this letter does not accurately reflect our agreement. I will be taking some vacation between December 23, 1993 and January 1, 1994. However, I will call in from time to time and make myself available if we need to discuss the stipulation further. I do believe we need to wrap things up as soon as possible so that the Court has an understanding of what we are doing. Thank you for your consideration. A Merry Christmas to you and your family! Very truly yours, MARSHALL AND ASSOCIATESt Y.A. Morgan Allen Godfrey Attorney at Law (612) 784 -0890, Ext. 27 MAG /lmk c: Client 105219.002 \L -031