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cp08-08-1995 cSUNDAY MONDAY TUESDA -b- -7- -8- 7:15 a.m. - Civil Service Police Commission Meetin} at Police Station 4:00 p.m. - City Council Work - 8:00 p.m. - Fire Department shop in Main Conf. Room NU TCNINSON Meeting at Fire Station at City Center (1994 Audi Cf Ty Report) CALENDAR 5:30 p.m. - City Council Meeting in Council week of Chambers of City Center August 6 to August 12 1995 WEDNESDAY THURSDAY FRIDAY SATURDAY -9- -10- -11- -12- 10:00 a.m. - Directors Meetin 9:30 a.m. - Senior Advisory VACATION: in Staff Conf. Room of Board Meeting at Senior GARY PLOTZ - August 7 -11 City Center Center 10:00 a.m. - Award Presentation Ceremony (Water Plant) by U.S. Environmental Protection Agency at City Center Main Conf. Room • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 8, 1995 CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Charles Carlson, Bethany Baptist Church • ► � :: 1 • ► • u.l►t Jfl MINUTES OF REGULAR MEETING OF JULY 25, 1995 AND BID OPENING OF JULY 21, 1995 Action - Approve as distributed - Approve as amended (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JULY 1995 2. LIBRARY BOARD MINUTES OF JULY 17, 1995 3. HOSPITAL/NURSING HOME BOARD MINUTES OF JUNE 20, 1995 4. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF JULY 6, 1995 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 95 -155 - AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING SECTION 8.08 ENTITLED "R -5 MOBILE HOME PARK" BY AMENDING AND ADDING THERETO CERTAIN PROVISIONS AND ADOPTING BY REFERENCE, CITY CODE CHAPTER i AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 2. ORDINANCE NO. 95 -156 - AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING CITY CODE SECTION 4.21, SUED. 2 BY ADDING THERETO AN ADDITIONAL PROVISION DEFINING "MAXIMUM OCCUPANCY" AND BY ADOPTING BY REFERENCE, 1 CITY COUNCIL AGENDA - AUGUST 8, 1995 0 CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 3. ORDINANCE NO. 95 -157 - AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED LAND COMPLETELY SURROUNDED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(2) (SECOND READING AND ADOPT) 4. RESOLUTION NO. 10522 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT 5. RESOLUTION NO. 10523 - RESOLUTION FOR PURCHASE (c) SHORT -TERM GAMBLING DEVICES LICENSE FOR ST. ANASTASIA CHURCH (FALL FESTIVAL) (d) SHORT -TERM "ON SALE" NON - INTOXICATING MALT LIQUOR LICENSE FOR ST. ANASTASIA CHURCH (FALL FESTIVAL) (e) AMEND LOCATION OF SHORT -TERM NON - INTOXICATING MALT LIQUOR LICENSE ISSUED TO HUTCHIINSON HUSKIES BASEBALL ASSOCIATION Action - Motion to approve consent agenda �;Llj:l a 10961 wal 3106=11#10 viu NONE •u1u11.1 : �• • � ti :u• ' r r•. (a) PRESENTATION OF 1994 FINANCIAL AUDIT BY JERRY EICK OF ABDO. ABDO & EICK Action - 2 . CITY COUNCIL AGENDA - AUGUST 8, 1995 8. UNFINISHED BUSINESS NONE 9. NEW BUSINESS (a) CONSIDERATION OF AWARD OF COST OF SERVICE/WATER RATE STUDY Action - Motion to reject - Motion to approve and award contract (b) CONSIDERATION OF HIRING PART -TIME PERSON IN FINANCE DEPARTMENT Action - Motion to reject - Motion to approve (c) REMOVED FROM AGENDA • (d) CONSIDERATION OF EXTENSION OF DEADLINE TO REMOVE PATRICIA LINDSAY'S HOUSE FROM CITY -OWNED PROPERTY LOCATED AT 35 FRANKLIN STREET NORTHWEST Action - Motion to reject - Motion to approve extension (e) DISCUSSION OF ELKS LODGE PROPERTY LOCATED ON HWY. 7 WEST Action - � Uri WQ 1114 Ul:" `►1:I.1ily (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 46 3 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JULY 25, 1995 1. The meeting was called to order at 5:30 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 and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Tim Caspers. ► The minutes of the regular meeting of July 11, 1995 were approved as distributed. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JUNE 1995 2 INVESTMENT REPORT 3. PLANNING COMMISSION MINUTES OF JUNE 20, 1995 4. HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF JUNE 27, 1995 5. HUTCHINSON HOUSING, INC. MINUTES OF JUNE 27, 1995 (b) RESOLUTIONS AND ORDINANCES NONE (c) SHORT -TERM NON - INTOXICATING MALT LIQUOR LICENSE: • MCLEOD COUNTY AGRICULTURAL ASSOCIATION (BEER GARDEN AT COUNTY FAIR) • WWII 50TH ANNIVERSARY CELEBRATION COMMITTEE ( HUTCHINSON AIRPORT EVENT) (d) CIGARETTE LICENSE FOR LITTLE DUKE'S 1 CITY COUNCIL MINUTES - July 25, 1995 is (e) DELINQUENT WATER AND SEWER ACCOUNTS (f) REISSUANCE OF GAMBLING LICENSE TO VFW POST 906 (g) CONDITIONAL USE PERMIT REQUESTED BY DOUGLAS RETTKE TO MOVE WAREHOUSE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION (h) VARIANCE TO REDUCE SETBACK OF PARKING LOT /CIRCULATION DRIVE REQUESTED BY HCDC /SOLITRA WITH FAVORABLE RECOMMENDATION OF CITY STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10519) (I) CONDITIONAL USE PERMIT REQUESTED BY GREG AND BRENDA EWING TO REPLACE NON - CONFORMING GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10520) (j) AMENDMENT TO CITY CODE CHAPTER 11, ZONING ORDINANCE NO. 464, • SECTION 8.08 REGARDING R -5 DISTRICT MOBILE HOME PARKS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO. 95-155 AND SET SECOND READING FOR AUGUST 8, 1995) (k) AMENDMENT TO CITY CODE SECTION 4,21, SUBD. 2, REGARDING MAXIMUM OCCUPANCY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO. 95-156 AND SET SECOND READING FOR AUGUST 8, 1995) (I) ANNEXATION OF 1.50± ACRES IN ACOMA TWP., HASSAN VALLEY TWP., AND HUTCHINSON TWP. SUBMITTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS (WAIVE FIRST READING OF ORDINANCE NO. 95 -157 AND SET SECOND READING FOR AUGUST 8, 1995) (m) CHANGE STREET NAME OF ARCH STREET SE TO FIFTH AVENUE SE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10521) 2 0 CITY COUNCIL MINUTES - July 25, 1995 (n) PRELIMINARY PLAT SUBMITTED BY PATRICIA LINDSAY IN ACOMA TOWNSHIP (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION OF CITY STAFF RECOMMENDATIONS The motion to approve the consent agenda with the exception of item 4 -(g) was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. 4-(g)— During discussion, Building Official Jim Marka reported that Douglas Rettke had not exercised his option to activate the conditional use permit by obtaining a building permit within the six month time frame. Although the permit was previously approved, the Planning Commission chose not to approve it this time. Mr. Rettke stated that since he was unable to attend the Planning Commission meeting, he was unable to present his case. He could not understand why the permit was approved the first time and then denied the second time when there was no change in the request. Mr. Rettke commented he had reviewed the findings of fact . from the Planning Commission meeting, and he thought he was within the guidelines. He requested that the item be tabled by the City Council and referred back to the Planning Commission so he could make a presentation to them. City Attorney Anderson noted that the City Council can defer action for up to 60 days to obtain additional information on an issue. The motion to refer the item back to the Planning Commission was made by Council Member Mlinar, seconded by Council Member Craig and unanimously carried. ' )C ■1 C 1► � lal ' U (a) APPLICATION FOR STRONG BEER /WINE LICENSE TO DURWOOD LAMPRECHT, DBA BAVARIAN HAUS Mayor Torgerson called the hearing to order at 6:00 p.m. and read the notice of hearing. Police Chief Madson expressed concern that the restaurant owner lived outside the City of Hutchinson. He pointed out that the City Ordinance requires a resident manager for the establishment requesting a liquor license. 3 CITY COUNCIL MINUTES - July 25, 1995 0 Mr. Lamprecht stated he could appoint one of his workers as a resident manager. Following discussion, Council Member Craig moved to close the hearing at 6:05 p.m., seconded by Council Member Mlinar and unanimously carried. The motion to approve and issue a liquor license to Durwood Lamprecht was made by Council Member Craig, seconded by Council Member Mlinar and unanimously carried. (a) PRESENTATION BY BARRY FICK FROM SPRINGSTED REGARDING REPORT ON COMPUTER CONSORTIUM STUDY Mr. Barry Fick of Springsted presented a report on the Survey on Municipal Expenditures for Information Processing Systems and Services which was prepared for LOGIS. He stated the purpose of the survey of both non - LOGIS cities (Phase 1) and LOGIS cities (Phase II) was to form a general perspective of the amount of effort and cost which cities are devoting to computer application for information • processing systems and services. Based on the data interpretation constraints, Mr. Fick concluded that it was not valid to compare any individual LOGIS city costs with the costs of any individual non - LOGIS city, but rather to use the survey results to compare overall costs on a more general basis. (b) DISCUSSION OF MANAGER REQUIREMENT FOR ON -SALE LIQUOR LICENSE ESTABLISHMENTS The City Attorney stated there was a requirement in the City Ordinance to have a local manager for a liquor license. He will review the Liquor license ordinance and suggest any changes needed. Police Chief Madson noted there were three types of on -sale Licenses. He thought the matter needed to be reviewed and perhaps changed. (c) REVIEW OF CITY FINANCES BY CITY FINANCE DIRECTOR Finance Director Merrill presented financial data pertaining to the debt of the City, tax increment financing, and special assessments or bonds outstanding. 1] 0 CITY COUNCIL MINUTES - July 25, 1995 Mr. Michael Ribich commented it was difficult for the common taxpayer to understand taxes, city debt, etc. He thought the average citizen needed to be informed and educated about city finances. He then suggested that the Leader be used as a means for a question and answer exchange each week over several months. Mayor Torgerson suggested that Mr. Ribich compile a list of questions, and the City would prepare the answers. (a) CONSIDERATION OF CONSTRUCTION ESCROW AGREEMENT AND ASSIGNMENT WITH LOVERING- JOHNSON, INC. (DEFERRED FROM JULY 11, 1995) City Attorney Anderson presented some proposed changes to the construction escrow agreement. Following discussion, the motion to approve the agreement with the recommended changes was made by Council Member Erickson, seconded by Council Member Peterson and unanimously carried. ►I 1►1. (a) CONSIDERATION OF LABORATORY INFORMATION SYSTEM PURCHASE FOR HUTCHINSON COMMUNITY HOSPITAL Following discussion, Council Member Mlinar moved to approve the purchase of a laboratory information system from the lowest bidder, Creative Computer Applications of California, at a bid cost of $156,166 and expected total system costs of $294,000 (including bid cost). Motion seconded by Council Member Peterson and unanimously carried. (b) CONSIDERATION OF REQUEST FOR TEMPORARY SIGN BY CROW RIVER HABTITAT FOR HUMANITY The Crow River Habitat for Humanity requested a temporary sign on the northeast corner of Fourth Avenue and Bluff Street at the location where the chapter is constructing a house. 0 CITY COUNCIL MINUTES - July 25, 1995 Building Official Jim Marka recommended that the request be denied because he viewed it as a directional sign. Therefore, he was reluctant to approve an off -site sign. During discussion Council Member Craig suggested issuing a conditional use permit for the sign with the exception of a three month time frame. Council Member Craig moved to approve issuing a conditional use permit for the Habitat for Humanity sign with an expiration of September 30, 1995 or October 1, 1995. Motion seconded by Council Member Erickson and unanimously carried. (a) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG Council Member Craig commented on the LOGIS study presented this evening. He thought the information was invalid and inconsistent. He also commented on future planning and the transitional period to ensure City growth is done in the right manner. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz requested Director Dolf Moon to present to the Council a summary of the Parks, Recreation and Community Education's mission, guidelines, and types of activities. Director Moon stated he had previously distributed information regarding figure skating issues. Because he saw a need to identify what sports activities mean to a community, Doff wrote a mission statement for his department: "Provide youth sports as an opportunity to team and have fun." He noted the emphasis was on "learn to play programs " rather than competitive programs. Dolf reviewed the strategies which help the community to achieve the mission. The Mission Statement will be presented to the City Council and the School Board on August 8, 1995 for their approval. (a) VERIFIED CLAIMS 6 0 i • CITY COUNCIL MINUTES - July 25, 1995 The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Peterson, seconded by Council Member Erickson and unanimously carried. ti • : uff There being no further business, the meeting adjourned at 7:17 p.m. • MINUTES BID OPENING FRIDAY, JULY 21, 1995 City Administrator Gary D. Plotz called the bid opening to order at 10:00 A.M. Also present were Assistant Engineer Cal Rice and Administrative Secretary Marilyn J. Swanson. Administrator Plotz dispensed with the reading of Publication No. 4833, Advertisement for Bids, Letting No. 1, Project No. 96 -01. The following bids were opened and read: Juul Contracting Co. Hutchinson, MN $53,928.90 Kuechle Underground Kimball, MN 57,629.90 The bids were referred to the Engineering Department for review and a recommendation. . The meeting adjourned at 10:04 A.M. C�t • • niJ9S niA79aeInrA un- nRn7_anq&:APPRnVAI FYPTRFS 2.28199 mom+ C -004 UA hassle W of casemate i u.a+u saexuvr,amrwr Period In whle6 pesrdh Issued I JULY 1995 iPMara cameo any error in name and address kmckd*V ZAP Code) REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 357400 27 4 9999 085 7 0 26 9999 02730 JAMES MARKA BLDG OFFICIAL . FOR CITY OF HUTCHINSON If you bueding permit my. an has charged, mark (X) appropriate box below andexplait HUTCHINSON CTT CTR III HASSAN ST S b oartsrssn1. HUTCHINSON MN 55350 ❑ Dlscontlmred WK*V Permits ❑ Merged with another system ❑ Spit Into two or more systems ❑ Annexed Lead Tess PLEASE COMPLETE AND MAIL ❑ Had other changes - THIS FORM ON OR BEFORE ff nopsmun ware issued durkg Bureau of the Census Instructions are included. For this period, mark (X) in the box —. ❑ 1201 East 1016 Stres further assistance, call and return this farm Jeffersonville, N 47132-0001 1-800- 845 -8244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED HOUSEKEEPING h Number of Valuation of Number of Valuation of BUILDINGS No, Housing construction Housing construction Bugdlrga units Omit cents Bulltlfnps units Omit cants lal (61 (d Id) (el M 4Q) Single-family houses, detached Exclude mobHS horns. 707 Single-family houses. attached - Separated by ground m roof wale, -No units sbove orbelow, and - Ssperate hearing systems and MR" mien. (Count each unit as e separate buildinill 102 Two -fem➢y bulbdings 103 Three -end fom- family buildings 104 Five-or-more family buildings 105 TOTAL - Saar of 101 - 701 —N 119 3 3 442,000 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPING to Number of Valuation of Number of Valuation of BUILDINGS No, construction construction Buildings Raoma Omit corm, Buddkge Rooms Omit cents lal lbl ld (d) lei If) (g) Hotels, motels, and tourist cabins Itmelem accommodations only) 27 other novilhounkeepIng shelter 21 NEW NONRESIDENTIAL PRIVATELY OWNED PUB YOWNED BUILDINGS Iten Number Valuation of Number Valuation of No. of construction of construction bull omit cants bulkings On* ants Ial W (0 (d) (a) An man, social. and recreations! 21 Churches and other religious 31 Industrial 320 Parldng garages (louldlins and open docked) 321 Service stations and repair genpes 322 Hospital$ and betft"Wel 323 Offices, bade, and professional 224 9010 works and utilities 32 Schools and other educational 32 Stores and customer services 327 other nonresidential buildkgs 3281 1 950 truotur-of a 32 ADDITIONS, PRIVATELY OWNED PUBLICLVOWNED ALTERATIONS, AND ttem CONVERSIONS Number Valuation of Number Valuation of No. of canaruction of construction bulWinpa Omit cents buildnpa Omit coma lal Ibl W Id) (al Residential - Classify additions of garages and carports In Nam 438. 434 10 61.862 Normesklemial and nonhousekeeping 1437 Additions of residential 9wages and tarpons (attached anti daachedP RRR -16, RRS-4, RNR -2, SIGN -9, FENCE -4, MI-1 Total Permits 61 Total Valuation $3,094,921 PLEASE CONTINUE ON REVERSE SIDE ­10' 4(1) DEMOLITIONS AND Number of Number of RAZING OF BUILDINGS ham, No. Buildings Housing t units Bald nom Housing units 00 (b) Icl (dl let Sirgls -family hms" (coached and detached) 645 Two-famlty buildings Three- and fout,famlly buildings 847 FIv"r -more family buildlings - ' AN other buildin and structures 19 IINDIVI DUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT 4600,000 OR MORE information for each permit authorizing construction valued at 95,000 or more Plan" provide the followlnp 00 entered In sections l through IV, Item from sec. [—IV Description Name and address of owner or builder Owner - ship Mark "a cone ctlon Omit come Number of Houslnp units Buildings (a) lb) - (c) Idl (e) Ifl la) 325 Sems"" KM of Whiling Storatte Gar- -- - -A i.S _dvJnL_Enlrers�arsl -- 1]]�1dSSdR SLr�eL i_E- -------- ❑ Prvate E iPubac e Kind of — -------------- — ----------------- ❑Private ❑H S__e atldrea_— ___-a ------------ --------------------- h e Kind of Wlldtq E] Private — ____- ---- — ------------- - ------- she etltlren a Kind of Wilding ❑PrivM - -- -- - -- ------------------------- Sheeddrop ____ ❑wmx e Kind of Wading ❑Pdvats ❑PMAe she adaeu 9 Kind of Wading ❑P lvete She Wtlreea 1 KIM of Witting — ---- — ___ ------------ —_ ❑Printe ❑Public -------- she adAe4 _ ------------- a Kind of Wlldkq ----- _ -------------- — ------ ---- ❑Private Slro edbeae 9 Kind of — ❑Private — ------------ ❑Publk --------------------- Sae edwi 9 Comments Ara you aware of any new perrssk4t suing fudedlotlom7 ❑ No ❑ Yes — Pleaae gfve additional infarrandon M rommente. Nams of person to contam regarding this resort Telephone James G. Harka Area code I Number EKronuon Title Building Official 612 234 -4216 • 0 i Hutchinson Public Library Board Meeting July 17, 1995 4:30 P.M. Members Present: Paul Wright, Lois Carlson, Richard Peterson, Joe Schulte,Mary Henke; Pioneerland Library Representatives Dolores Brunner, Larry Ladd and Roy Johnsen. Members Absent: Joyce Beytien, Sue Munz , Kay, Peterson. President Paul Wright brought the meeting to order. The June 12 meeting minutes were reviewed. Old Business: The sign for the library was put up by the City Parks crew under the direction of John Arlt. The site where the sign was placed was approved by all interested utilities through the Gopher One Service. The bills for the sign are outstanding and will be paid from the library construction and furnishing fund. Bids for the four book bins for the children' area were received from Bill Scheer,$1219 and Bud Prieve, $1440. Richard Peterson moved we acoept Bill Scheer's bid. Lois Carlson seconded the motion and it passed. Funds from the library construction and furnishing fund will be used here also. New Business: The next item discussed was setting a regular board meeting date. Members chose the third Monday of the month at 4:30 P.M. as the specified time. It was agreed we have the option to cancel or change the date as needed. PLS Report: Dolores, Larry and Roy shared information on issues being worked on through the committee PLS meetings. These issues include a flexible benefit cafeteria plan for PLS employees, automation, legal review of PLS governing agreement, and insurance coverage of library buildings and contents. The next board meeting will be on Monday, August 21 at 4:30 P.M. at the library. The meeting was adjourned. Mary Henke, Acting Secretary 0 #-/4, (Z ) HUTCHINSON COMMUNITY HOSPITAL/ AMENDED BURNS MANOR NURSING HOME Present: Jim Mills, Chairperson; Elaine Black, Vice Chairperson; Paulette Slanga, Secretary; Tom Daggett, Trustee; Dr. Dennis Murphy, Chief of Staff/Trustee; Rich Myers, Trustee: Don Erickson, Trustee Others Present: Phil Graves, President; G. Barry Anderson, City Attorney; Julie Schmidt, Allina Regional Health Services; John Richards, Senior Care Division Director; Jane Lien, Acute Care Division Director; Robyn Erickson, Care and Program Support Division Director; Ed Tusa, Finance, Information And Quality Division Director; Laurie Hulkonen, Recorder. Prior to the meeting and during dinner, Tusa shared information on the financial proforma for the Winsted Family Practice Clinic to be considered by the board during the meeting. The meeting was called to order by Chairperson Mills at 5:55 p.m. Minutes of Past Meeting. The minutes of the May 23 regular board meeting were presented and discussed. Schmidt requested a correction to the Allina relationship study process discussion, stating that alternative number two should he deleted as it is not an option in the discussions. Following discussion: Motion was made by Myers, seconded by Daggett, to amend the minutes of the May 23, 1995, regular meeting to delete the second alternative in the Allina relationship study process discussion and approve the minutes as amended. All were in favor. Motion carried. Medical Staff_ Minutes and Credentialing. Dr. Murphy presented the minutes of the Executive Committee of the Medical Staff. Activities highlighted included recommendation for privileges for Dr. Sweet, an internist; selection of a new radiologist; delinquent charts; meeting with anesthesiology to discuss issues. The sole recommendation for privileges was Dr. Richard Sweet, an internist, who was recommended to advance from provisional staff to consulting staff. Following discussion: Motion was made by Erickson, seconded by Myers, to approve advancement of privileges for Dr. Richard Sweet, internist, from provisional staff to consulting staff. All were in favor. Motion carried. A. Winsted Clinic. Tusa shared highlights of his meetings with Brenda Maiers, Hutchinson Medical Center (HMC) administrator, to develop a fmancial proforma in order to learn the business impact of the Winsted clinic and its impact on the hospital/nursing home. A draft of an agreement for transfer of responsibility for the Winsted Family Practice Clinic from HMC to HCH/BMNH was distributed to those present. The board was asked to adopt this agreement with the isassumption that the HMC doesn't modify it. A special meeting would be required to re -adopt a new agreement if modifications are made by the HMC. Tusa reviewed the volumes, average charge, discount rate, and staff -to-MD ratio assumptions which were 11-Al(3) Regular Board of Directors Meeting - June 20, 1995 Page Two (A.) considered in writing the proforma. The five -year project was projected to realize net operating revenues growing from $399,165 in Year 1 to $704,0781 in Year 5. Net operating expenses were projected to range in Year 1 from $501,025 to $660,878 in Year 5. Cumulative net income (loss) was projected to range from ($101,860) in Year I to $1,594 gain in Year 5. Adding the projected HCH/BMNH patient care profit (loss) to the Winsted net income /loss changed the Winsted cumulative total range from ($39,195) in Year I to $446,607 profit in Year 5. Cash flow over five years was projected to generate $46,729 in cash. The Winsted clinic and its effect of HCH/BMNH patients coming on cash flow grew to $491,742 in Year 5. He noted that the possible cash flows will be used to reduce the HMC liability on the hospital/nursing home books. Graves added that the Mulders are good practitioners with high expectations and enthusiasm for the practice. Barry Anderson, City Attorney, then discussed the proposed agreement which defined the transfer of fmancial responsibility for the Winsted clinic from the HMC to HCH/BMNH. The practitioners will continue as they have been. HMC will be doing the billing, and they will submit to the hospitaUnursing home the costs of providing physician services. Question asked if third party should auditing the books to define costs, expenses, etc. Anderson agreed this would be a good idea. Question was asked if a paragraph on arbitration should be added to the agreement. Anderson concurred. Tusa also noted that payback on the clinic would be roughly 3.3 years. The real uncertainty is in the volumes realized. The capacity for increased volumes is there, so we would like the business to grow. Board members stated their belief that the Mulders will bring in patients, and the hospital/nursing home will benefit along with the Mulders. If HCH/BMNH closes Winsted, the hospitaUnursing home will lose, not the HMC. HCH/BMNH needs to protect its interest. They stated their support of the agreement subject to addition of the arbitration clause, as indicated. Anderson noted that because of the size of the deal and the capital involved, the City Council should approve this, as well. The agreement will be submitted to the physicians of the HMC for their critique and approval; if there are no substantive changes, the agreement will be sent to the City Council with recommendation for adoption. Murphy declared a conflict of interest in this subject because of his partnership in the HMC. Following discussion: Motion was made by Erickson, seconded by Myers, to approve the agreement as amended with the addition of the arbitration clause to the agreement and recommend approval to the City Council, pending satisfactory approval of the MW physicians. Six were in favor, with Murphy abstaining. Motion carried. Anderson then left the meeting. B. BBnkin2 Services Bid Result. Tusa presented results of bids requested over the past few months from the Hutchinson banking institutions. One chose not to participate because they don't provide these services to this type of business and the three remaining were contacted to let them know we were collecting information about their services. An analysis was shown, breaking down their responses into the range of service; quality Regular Board of Directors Meeting - June 20, 1995 A MENDED Page Three (B.) of service; user - friendliness of electronic cash management; cost; and interest earnings potential for HCH/BMNH. Several questions were asked of the institutions to refine the process; Tusa then met with individual representatives of the banks and assembled the results. He recommended the board select Marquette Bank of Hutchinson to be the new banking services provider for the organization. He stated his recommendation was due to what Marquette could offer and what they could do for our organization. The accounts to be opened with Marquette include one primary savings money market account, one checking account, and the payroll account. Graves acknowledged that the organization will always use all lending institutions on an as- needed basis. Tusa added that the electronic capabilities offered by Marquette will he exciting to work with. At this time, Daggett declared a conflict of interest regarding this discussion as he is a director on the Citizen's bank board. Following discussion: Motion was made by Myers, seconded by Slanga, to accept the recommendation to change financial institutions on the three accounts specified. Six were in favor; Daggett abstained. Motion carried. C. laagg.- Erickson presented the proposed new organizational logo to the governing board. She told the group that the Divisional Services Team, in recommending this logo, tried to keep the design simple and easy to explain. The circular shape signified comfort and connectedness; the heart in the middle signified that our organization cares; and the "H" at the bottom of the design signified "Hutchinson" and "Health". Plans are to present the new logo, along with the updated Mission, Vision, and Values, to employees at the June monthly organizational update meetings. Following discussion: Motion was made by Daggett, seconded by Black, to approve the new logo as presented. All were in favor. Motion carried. D. Capital Request for New Automobile. The board learned that the station wagon used by the hospital for patient transport in various programs was nonoperational due to a disabled engine. Leasing was considered less of an option because a local vendor said it's not allowed if we transport people with the leased vehicle; however, other local vendors had no problem with the option. Don Erickson suggested looking at the State of Minnesota guidelines for municipal vehicle purchases, and Graves agreed to work with Ken Merrill to determine if the State contract will work for the hospital/nursing home. Authority was requested to bid the vehicle on the premise of using the most cost effective method of lease or purchase and purchase it without having to bring it back to the board. Following discussion: Motion was made by Myers, seconded by Erickson, to authorize staff to pursue bid and purchase and/or lease the replacement vehicle that best meets patient transport needs and is the most cost - effective for the organization. All were in favor. Motion carried. E. Trustee Conference Reminder. Reminder was given to register within the next few days for the trustee conference. Those already planning to attend were Mills and Erickson. Regular Board of Directors Meeting - June 20, 1995 Page Four 0 F. JCAHO Focus Survey Cancellation. The board was notified of the latest decision by the JCAHO to cancel the focus visit originally planned for June 8. Graves expressed his appreciation for the efforts of Renee Shimitz of Allina in helping us negotiate and convince the JCAHO the survey was not needed. G. Health Check Survey Results. Board members were invited to attend the presentation of the results of the recent Meeker/McLeod /Sibley Healthy Communities Coalition's Health Check Survey at the local fairgrounds on June 22. president's Report A. Graves relayed that Dr. William Boardman had resigned his position as radiologist at Hutchinson. Staff are working with the radiology group to designate a staff radiologist soon. B. A meeting will take place soon with the contract anesthesiology group. Currently we have eight anesthesiologists who rotate through and cover calls within 15 minutes, 24 hours per day, seven days per week. He asked for three, perhaps four anesthesiologists. It would be best to have one living here and supported by the group. C. A market research firm has been hired and a survey was begun yesterday. Senior Care Report. A. Richards reported nursing home rate increases go into effect July 1, when BMNH will receive a 3.4 -4.0% increase; however, 9% more money was spent than last year, so we will to the level the state approves. B. Suggestions for increased use of volunteers were discussed. C. Those present were encouraged to talk with their legislators about the need for more dollars in the senior care system. The organization has added staff, enhanced training, salaries and benefits to keep our staff, which increases our costs. As costs of providing care have increased, so have residents' rates. Abbott Northwestem Report. Myers attended the Abbott JCAHO committee meeting last week. They had done a report on needle sticks that showed 33% of nursing staff with needle sticks could get Hepatitis B and slightly less than 1% will get AIDS. All employees are inoculated against Hepatitis B. He stated this shows the difficulty of relying on training to improve quality. Abbott's June board meeting was canceled. Allina Report. Schmidt updated the board on progress in physician recruitment, staff appointments, and clinic completion in Onamia. Accounts Pam. The accounts payable for May were presented and discussed. Following discussion: Motion was made by Myers, seconded by Black, to pay the attached listing of accounts payable and cash disbursements in the amount of $1,122,869.96. All were in favor. Motion carried. Statistical Reps. The statistical report for May was presented. There were 196 admissions for the month, with an average daily census of 22.9 days. Average length of stay was 3.8 days, and percentage of occupancy was 38.2 %. Nursing home statistics showed 99.49 percentage of occupancy and an average case mix of 2.47. Financial Statements. Net income after expenses was $115,149 for the month. 0 Regular Board of Directors Meeting - June 20, 1995 Page Five Adioumment. The meeting was adjourned at 7:35 p.m. Respectfully submitted, Laurie Hulkonen Paulette Slanga Recorder Secretary J i • MINUTES Parks, Recreation & Cornmunity Education Advisory Board July 6, 1995 i Members present were Loretta Pishney, Linda Martin, Rev. Brian Brosz, J.P. Auer, Doug Brown and Bruce Rosenow. Also present Dolf Moon. The Minutes dated June 1, 1995 were approved by a motion made by Loretta Pishney, seconded by Linda Martin, motion carried 6 -0. Request for use of Library Square - Christ The Kin ¢ - Motion was made by Linda Martin to approve Christ The King's request for use of Library Square September 10 as written. Loretta Pishney seconded the motion, the motion carried 6 -0. RReQuest for use of Libraryy Square - Riverside Assembly of God - Motion was made by Linda Martin for approval for use of Library Square on July 29 as requested by Riverside Assembly of God. Loretta Pishney seconded the motion and the motion carried 6 -0. Tour - The Board toured projects taking place in the Arena, Oddfellows, Masonic/West River, Shady Ridge and Kiwanis Parks. The meeting was adjourned at 6:30 p.m. by a motion made by J.P. Auer, seconded by Doug Brown. The Board unanimously agreed. #-A I (�9 ORDINANCE NO- 95 -1551 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING SECTION 8.08 ENTITLED "R-5 MOBILE ROME PARR" BY AMENDING AND ADDING THERETO CERTAIN PROVISIONS AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. The introductory section to Hutchinson City Code 8.08 "R-5 Mobile Home Park" is hereby amended as follows: 8.08 R-5 MOBILE/"W"O"M HOME PARK .. ...... . . . home park shall be established except No mobile / ftwZ00 �.. as a Conditional Use The conditional use permit for such shall not be issued except after a public hearing. No public hearing shall be held until the following information is submitted: A. Location and size of the mobile/"Max. turid home park; B. Location and size of each trailer bba, i site, dead M .. ... .... . . ... .. .. storage area, recreation area, road 6, parking sites, and all setback dimensions; C. Detailed landscaping plans and specifications; D. pFpggpplg_e, plans for sanitary sewer systems, electrical services and fuel systems 8�'��t' E. Such other information as is necessary to insure conformance with the requirements of this ordinance; F. Shall be Bereened and buffered WA - A . ..... . .. .... :7 0004WEVOK" ULA;uLuallum W1 LL -- ------ Section 2. That portion of City Code Section 8.08 entitled "Overall Minimum Park Requirements" as found in 8.08 of the Hutchinson City Code, shall be amended as follows: A. Each mobile home park shall be of sufficient size to contain at least 12 fully developed mobile home sites and required accessory # X areas. B. Each mobile home park shall have access to a private street which is deemed adequate to service li ....... ... the anticipated traffic generated by thepark.' � —a, (2) C. Each mobile home park shall provide public pdtablio water and sewer facilities in accordance witlC standards determined by the City & id thB MiA13 00 t3 Vert ae�tC d ...................... D. Each mobile home park shall provide a common central T.V. antenna. E. All fuel systems shall be maintained from a common central source metered to each individual coach site. F. At least 10 percent of the land area within each mobile park shall be designed for development for recreational purposes. Such spaces shall be developed and maintained by the owner of the mobile home park. The said development shall be approved bynCpB park board. G. Each mobile home park shall have one or more central community buildings. H. No mobile home site, off - street parking space, building or street shall be located within 30 feet of the boundary of any mobile home park. This boundary area shall be landscaped and screening may be required by the City. I. Identification signs for the park shall be limited to one sign not exceeding 6 square feet for each outside street • frontage. Such signs may be illuminated but not flashing. The maximum height of such signs shall be twenty (20) feet. J. Each mobile home park shall have an office which is distinctly marked and illuminated. Provisions shall be made for an adult caretaker to be on duty PAIKLalbi at the part at all times. The mobile home park office shall maintain a registry showing the names and addresses of each resident and the make, type and license of each mobile home and automobile belonging to occupants of the coach sites. K Provisions shall be made in plans for every mobile home park to provide for a street fronting on each mobile home site. Such streets may be either public or private as agreed upon between the mobile home park developer and the City. L Each mobile home park shall have a storm shelter of adequate size for all its residents on site. RBriC i� M All mobile home park street shall be constructed of either asphalt or concrete, shall meet the standards specified by the City Engineer, and shall have concrete curb and gutter. N The minimum street width shall be 36 feet (measured between backs of curbs). O. Streets interior to a mobile home park shall be privately owned. P. No cul -de -sac street may be more than 250 feet in length. Q. Accessory structures shall be limited to one 10' by 12' (or smaller) utility building, the siding and color which matches the mobile home. Responsibility for policing this requirement rests with the park manager. R. Each mobile home site shall have at least one tree {, 44".— ' a s� S. Portions of each site note occupied by buildings or parking spaces shall be landscaped. T. U. E Parking shall be located within the park's boundaries. Section 3. That portion of City Code Section 8.08 dealing with "Requirements for Lot Dimensions and Setbacks" and "Building Permit Requirements," is hereby amended as follows: E Section 8.08 R -5 District REQUIREMENTS FOR LOT DMIENSIONS AND SETBACKS A. Minimum Lot Dimensions (feet): Type of Mobile Home Depth" Width Single -wide mobile home 100 50 Double -wide mobile home 115 65 ' Measured from the edge of the road unless the lots are platted. B. Minimum Building Setbacks (feet): FUse Front Rear M ain Entry Side Secondary Entry Side Interior Side Corner Side 25 10 25 10 Accessory 50 0 — - 5 20 building Parking 5 Setbacks No mobile house, parking space, or accessory building may be located within 30 feet of the exterior boundary of a mobile home park. BUILDING PERMIT AND DEVELOPMENT REQUIREMENTS Initial permits for construction of mobile home parks will not be issued for the development of less than twelve (12) mobile home sites. No permit will be issued until the developer provides site and construction plans indicating the following: A. Location and size of the mobile home park. B. Location and size of each mobile home site, dead storage area, recreation area, roadways, parking sites, and all setback dimensions. C. Detailed landscaping plans and specifications with appropriate buffering. 8 -23 E 0 0 Section 8.08 R -5 District D. Plans for sanitary sewer disposal, surface drainage, water systems, electrical services, fuel • systems, and trash disposal. E. Location and specifications for all streets abutting the mobile home park and proposed driveways from such streets into the park. F. All road construction plans and specifications. G. Complete construction plans for all proposed structures. H. Such other information as is necessary to ensure conformance with the requirements of this ordinance. The developer shall provide five copies of the above required plans and shall submit a detailed description of construction plans indicating the time involved, cost estimates, stage developments, if any, and a detailed description of maintenance procedures and ground supervision and methods proposed for disposal of garbage and refuse. The City may require performance bonds in amounts adequate to insure that development proposed in the plan submitted is actually completed. All developers of mobile home parks shall provide evidence that the plans, therefore, have been approved by the State of Minnesota Department of Health and that the developer will comply with all recommendations, suggestions and regulations, specified by that department relative to mobile home park regulations. Mobile home parks shall meet the requirements of Section 8.18 Flood Plain Districts of this Zoning Ordinance. All manufactured homes as defined by M.S. 327.31- 327.35 shall be anchored in accordance with the Minnesota Code of Agency Rules, Building Code Division, Section 2; MCAR 1.904.50, "Stabilizing System for Mobile Homes." Any newly installed manufactured home older than 15 years from time of the Building Permit will require a conditional use permit. All relocated manufactured homes older than 15 years from the time of permit request require a conditional use permit. Approval may be granted, provided the following 3 criteria are met: 1) Interlocked smoke detectors are required in each bedroom and in the corridor. 2) The windows must be double glaze. Mm mum 3) One egress window is required from each bedroom. 4) Gas piping installation must be retested, reinspected and approved by the City Building Inspector. Hutch Utilities provides 7'w.c. 5) The electircal service must be a minimum of 100 amp circuit breaker type with ground fault interruption. (amended 2/8/94) 8 -24 Section 8.08 R -5 District (F Y I) A building permit is required after approval on the conditional use permit _Complinance with MN Statutes 327.32 and 327.34 and other applicable building codes and standards and regulations . 0 8 -25 0 Section 4. 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 5. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this _ day of 1995. Attest: Gary D. Plotz City Administrator Published in the Hutchinson Leader on: First reading: July 25, 1995 Second reading: • • Marlin Torgerson, Mayor • NANCE NO.95 -156, 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING CITY CODE SECTION 4.21, SUED. 2 BY ADDING THERETO AN ADDITIONAL PROVISION DEFINING "MAXIMUM OCCUPANCY" 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. 4.21, Subd. 2 is hereby amended as follows: 9. "Maximum occupancy." The maximum occupancy of any dwelling unit shall not exceed the requirements of this subdivision. For the first occupant, there shall be at least one hundred fifty (150) square feet of floor spaceyand there shall be at least one hundred (100) square feet of floor space for each additional occupancy thereof, with said floor space to be calculated on the basis of total habitable room area. Bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes, utility rooms of less than fifty square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, workshops, hobby and recreation areas shall be excluded from the calculation of total habitable room area. 9 Ii#. "Nuisance." The following shall be defined as nuisances:... d• xce ing 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 1995. Attest: day of Marlin Torgerson, Mayor Gary D. Plotz City Administrator Published in the Hutchinson Leader on: First reading: July 25, 1995 Second reading: 0 Ll 0 ORDINANCE NO. 95-157 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED LAND COMPLETELY SURROUNDED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(2) WHEREAS, certain territory described below is not presently included within the corporate limits of any incorporated city; and WHEREAS, this territory is completely surrounded on all sides by lands already included within the corporate limits of the city and is deemed to be urban or suburban in character; NOW, THEREFORE, the City Council of Hutchinson, Minnesota does hereby ordain SECTION I. Territory annexed. The corporate limits of the City of Hutchinson, Minnesota, are hereby extended to include the territory described as follows, which territory now is and has heretofore been completely surrounded by territory already included within the city limits: A. All unincorporated areas located within the Northwest Quarter of the Northwest Quarter; the Northeast Quarter of the Northwest Quarter, the Southwest Quarter of the Northwest Quarter; and the Southeast Quarter of the Northwest Quarter, Section 36, Township 117 North, Range 30 West. (0.40± acres) B. The Westerly 20 feet of the South three fourths of the Northwest Quarter of the Southeast Quarter, Section 36, Township 117 North, Range 30 West. (0.45 acres) C. All unincorporated areas located within the Southwest Quarter of the Southwest Quarter, Section 32, Township 117 North, Range 29 West. (0.25± acres) D. All unincorporated areas located within the following described property located in Section 7, Township 116 North, Range 29 West: The West one -half of County Road 25 lying south of Lot 9, Auditors Plat of Lot 15 of the Auditors Plat of Section 7, Township 116 North, Range 29 West, and lying north of the north line of and its easterly prolongation of Tract "S" in Registered Land Survey Number 1. (0.40± acres) SECTION 2. The total area is 1.50± acres. SECTION 3. The property is urban in nature. SECTION 4. The corporate limits of the City of Hutchinson are hereby extended to include the Property and the same is hereby annexed to and included within the City of Hutchinson as if the property had originally been part thereof. SECTION 5. The City Administrator is directed to file certified copies of this ordinance with the Minnesota Municipal Board, Acoma Township, Hutchinson Township, Hassan Valley Township, the McLeod County Auditor, and the Minnesota Secrbtary of State. SECTION 6. This ordinance takes effect upon its passage and publication and the filing of the certified copies as directed in Section 4 and approval of the Ordinance by the Minnesota Municipal Board. Adopted this day of F-11111111*16 Gary D. Plotz City Administrator 1995. Marlin Torgerson Mayor • RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT Resolution No. 10522 WHEREAS, the Minnesota Department of Public Safety, Office of Traffic Safety, has offered a grant program to local units of government entitled 'SAFE & SOBER'; AND WHEREAS, the Hutchinson Police Department qualifies as a participating agency eligible to submit a grant application; AND WHEREAS, as part of the grant application process a resolution is required from he Hutchinson City Council indicating authority for the police department to participate; AND WHEREAS, the Hutchinson Police Department has applied for $17,250.00 to provide overtime compensation to officers participating in alcohol, speed, seatbelt and youthful offender enforcement programs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHIIVSON, MINNESOTA: 1. That the Hutchinson City Council hereby authorizes the Hutchinson Police Department to enter into a agreement with the Minnesota Department of Public Safety. 2. That the Hutchinson City Council authorizes the Chief of Police to execute such agreements as are necessary to implement the project on behalf of the police department. Adopted by the City Council this 8th day of August, 1995. Mayor City Administrator 0 , � -ir�, (4) RESOLUTION NO. 10523 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR 102 Water Meters 7,650.00 Replacement 5 Sale Water Yes Water Pro Inc. IFThe following items were authorized due to an emergency need: ITEM COST Date Approved: August 8, 1995 Motion made by: Seconded by: PURPOSE DEPT. I BUDGET I VENDOR Resolution submitted for Council action by: • 0 0 Q) h a,-+ iQY` ✓„ PAID City of Hutchinson AUG Iim FEE: $25.00 APPLICATION FOR GAMBLING DEVICESC4;� §SAS rproved by: uilding _ Fire _ Application shall be submitted at Police _ 1 least _ days prior to the Ga mbling occasion I, ��y JGu es �.�e �or�l� AND I. 1401l\ Gujks Name of Authorized Officer of i:ame of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game of gamblingin accordance with the provisions of the City of Hutchinson Ordinance NO. 655 an innesota Statutes Chapter 349 for the license year ending U 1 n Signatures: U r1zed Officer of Organization A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: -DC''j o "i<- �C- (last) (first) 11II (middle) 2. Residence Address: 460 [ �� St. Il�n.�cLuso„ MK) SS3so (street) (city) (state) (zip) 3. Date of Birth: 12- -9 - �{S' 4. Place of Birth (mo /day /year) (city /state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No ✓ If Yes. explain B. The following is to be completed by the designated gambling manage: of organization: [n� 1. True Name: Cwl't'4 K ''// eulA F rk (last) 2. Residence Address: ( first) (middle) (st eet) (city) (state) (zip) 3. Date of Birth: V4. Place of Birth: L dA N' (mo day /year) (city /state) -d. 5. Have you ever been convicted of any crime other than a traffic offense? Yes No < . If yes, explain 6. How long have you been a member of the organization? 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used a 2. Date or dates gambling devices will be used '(date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From _1� � To �yyA�.MM.�. Cam^ 4. Maximum number of players /QQ 5. Will pr`_zes be paid in money or merchandise? 6. Will refreshments be served during the time the gam ling devices will be used? Yes _X__ No If so, will a charge be made for such refreshments? Yeses NO D. Organization Information: 1. Address where regular meetings are held q4Q 2. Day and time of meetings S'4trpb,v'.5 :30PM Si."y AM 3. Is the applicant organization organized under the laws of the State of Minnesota? Yes X_ No 4. How long has the organization been in existence? ITT 4a. How many members in the organization? ti 1000 5. What is the purpose of the organization? 6. Officers of the Organization: 7. Give names of officers or any other persons paid for services to the organization: Name Address Title • I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also. I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize myse*nnotary tents thereof. Signazed officer of organiazation Date: Subscribed and sworn to bef public on this day of 19 Signature of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on Social Security Number: MN Business ID Number: D. Organization Information: (Continued) • 8. In whose custody will 1I,' organization reco kept ?II'' -&X /rds /be Name Ef I� n N.00orML Address X96 A� S4 YIv4, s� 9. If the organization carries sufficient insurance to co =pensate the in the players event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the I � 7662 Inane of Insurer o�e1;e. mcc ,41 and Policy No. 10. Have you (Manager I Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation an u of gambling devices: 11. Attach a list of all active memb rs of the organization. E. The following information is provided concerning a fidelity bond given by the gambling manager in favor of he o anization. 1. Name of bonding company �atlit Mh�y�gle�,e 2. Address of bonding company _ E 3. Amount and duration of bond _ ��,� pp 4. Application is hereby made for waiver of the bonding requirements. Yes No C>k% I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also. I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize myse*nnotary tents thereof. Signazed officer of organiazation Date: Subscribed and sworn to bef public on this day of 19 Signature of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this day of 19 Signature of Notary Public Commission expires on Social Security Number: MN Business ID Number: 0 • 0 RETAIL "ON SALE" SEWM-TM $50.00 Otate of Ainntoota, COUNTY Oy, McLeoo City. Hutchinson .. . ............. - ..... . To the City. Council...,, Cmity............................of Hutchinson ........... ....... .. ............._.......... ......I.............,........., State of Minnesota: hereby a license for the term fromthe ___ . .......... . t . _......_------- ..._.< At Retail Only, Non-Intoxicating Malt Liquors, as same are defined by law, for owwwnpUm "Or' throe oartain pre"bim in described w follatow, fouW (2.:3o J:oo PM + K195 ngs at which plaw said applicant_.--per-M -Ahe basinser of 19.SL1, to «u and to that end represent --and state-_as follsa : That amid applica . ........... — -- — -------- the United States; of pond moral ehaww"e,r and repute; and has --attainad the age of 21 years; _..Proprwa,__w the artabltshmext for wh" the liosaw wU4 be imuod if this application is That — m faoiwer of rush an-Miarwatinj malt Uquu has any monerwhip, to whoU ir I& part, is said budowwa of add app1UiaM__.ar any WwvW Visrein; That mid applicant mak ..... " application pu,,,,M and sub/ad to nil A. I..ty of the SWJ. of X'snewta, and tJw ordinanaar and rejulaSions of applicable Mersio, -h ich ars hereby nbade a part hervsf, and herby apw__jv abr and obey the Recommend approval with restrictions and requirements as in the past. Driver's License I.D. to be required for purchase. Steve Madson, Police Chief Each applicant further states tha t --he is we now the holder of, nor has --he made application for, nor does —.he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. =. I AUP 1 1995 City of HutchirGw //-D, • i 0 r Vrm ITV. NO- N{.'•ViM b Ynril Irk u RETAU, "ON SALE" I III 1Y I' -1' .. I4,I I,.l Oolwrel, \IUtO>A,am Ylle *tate of Ainnegota, COU.VTY OF .. -.- .._._McLeod_ _ City _ _— OF__Hu cchineon To the ,City Council _of till.... City­ . .............. _.Of ... Hu [chineon ......... .............. ...State of Minnesota: hereby apps..._.._.. for a ileram for the tones of...__'% from o ,quoin' - - -. c_? 7 --Aar 1 ��c ,_.. k.�.—_,1l 4z to ..0 At RAO Only, Nan- Intoaicatin Malt L*pwa, a. the same are de fined by laic, for coneampg" " ", those msaLs prem4r w w- _. - - -'_ -- -- - --- --- - - -- described as follows. (,.a:_._./" at which plane said appitoa"- atKrote -Jkt beesinam oJ_ AfrS.e �.0 rJf.L aSiyil _ and to that and repruntt_.._awd gals d foAwm: That amid appiioawt..._._.. 1 ®- ._.._of the United stair: of (cod monol ahmsdor and repute; and ha...._.._attalud the als of ill year.; that_...— .__---- .- .propridw—yf w e+tabfiehmcnt for which the iicenas will be hoed, if this appiieatiew is /panted, That mo manaf42004~ of aadA, AM— SoXtmtin( malt ligaers has aq msnership, b Whale s in pars, in said budinar of said appilmnt_r ary interest thsratm; That rid ayplieamt...._maaka._" appliaation parsannt and sabjea is all As lases of w glob of Yinnrota and w ordinonor and re/r7aliw of m; i—_Ci� applicable thereto, which art hereby made a pars hereof, and hereby apse_ -JO observe and obey the same; m Yes ear � f O. g � Recomend approval with restrictions and requirements as in the past. Driver's License I.D. to be required for purchase. Steve Madson, Police Chief Each applicant farther states that —he w rat now the holder of, nor has —he made application for, nor does fie intend to make application for a Federal Retail Dealer's Special ax stamp for the sale of intoxicating liquor. Dated___ _14Z_c 6- - --, is- �IUT/�y/�I 4/� 1p P. o. • • L� DAVID B. ARNOLD' STEVEN A. ANDERSON G. BARRY ANDERSON" STEVEN 5, HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD - 'ALSO ADMITTED IN TE% AND NEW YORK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP 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 G. BARRY ANDERSON August 7, 1995 OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389-5506 Re: Liquor Licensing Issues- Temporary Beer Licenses Our File No. 3188 -92221 Dear Gary: AUG 8 1995 CITY Cl-_ I :U1 CHINSCN This correspondence is intended to address certain issues relating to liquor licensing within the City of Hutchinson. As you know, the City of Hutchinson presently has an ordinance which governs temporary beer licenses. That ordinance is found on page 116 of the present City Code and sets forth certain restrictions on the use of the license. A copy of the Code section at issue is enclosed for the review of the Council. Liquor licensing is, of course, a creation not only of local regulation, but is also subject to detailed, and occasionally confusing and contradictory, state regulation as well. In this case, temporary malt liquor licenses (previously known as "non intoxicating beer licenses," a hangover from Prohibition days) are covered by Minn. Stat. 340A.403, a copy of which is also enclosed for your information. As you know, a couple of issues have arisen within the last several months concerning temporary beer licenses under the City Code section cited above. For example, the seven day restriction has created some problems for non profit organizations and, additionally, and more recently, the City Code section that sets out the requirement for a specific location for the sale has caused some concern. 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 4,E' Mr. Gary D. Plotz August 7, 1995 Page 2 It is probably reasonable for the Council to address the issue of whether or not some of the restrictions in the present City Code have outlived their usefulness. Certainly input in this regard should be sought from the Parks & Recreation Department, since the Department supervises the administration of parks and other recreational areas where beer is served, and guidance from the Police Department should be sought as well. My present thinking is that the seven day requirement is too restrictive and should be deleted and perhaps replaced with a thirty day restriction or some other reasonable regulation that would have the effect of preventing a temporary 3.2 beer license from turning it into a permanent beer license. It should be noted that there is a substantial difference in the cost of a temporary license (presently $50) and a regular beer license. 0 As to the license location issue, the Council may wish to consider either maintaining the present requirement, but giving City • administration some flexibility relative to sale location or, alternatively, perhaps some other restriction would make sense. For example, the Hutchinson Huskies hold a temporary license for sales at the VFW Park but under a strict interpretation of the existing ordinance, sales by the Huskies at Fred Roberts Park would not be permitted. For this reason, I would request that the Council approve a designation on the temporary license allowing the Huskies to sell at either location and consider whether or not this restriction continues to make sense. It should be noted that another possible way of addressing this problem would be to simply allow the sale on municipal park grounds in facilities designed for such sales, since a geographical distinction in those case makes very little sense, but to require a specific location for any other sales (i•e., street dances and the like). Please advise as to what changes, if any, you feel are appropriate relative to this matter. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm Enclosures CC Steven Madson Dolf Moon a 5 5.30 SEC. 5.30. BEER LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of beer, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply to sales by manufacturers to wholesalers or to sales by wholesalers to persons holding beer licenses from the City. Annual on -sale beer licenses may be issued only to drug stores, restaurants, hotels, bowling centers, clubs, and establishments used exclusively for the sale of beer with the incidental sale of tobacco and soft drinks. SEC. 5.31. TEMPORARY BEER LICENSE. Subd. 1. Applicant. A club or charitable, religious, or non - profit organization shall qualify for a temporary on -sale beer license. Subd. 2. Conditions. A. An application for a temporary license shall state the exact dates and place of proposed temporary sale. B. No applicant shall qualify for a temporary • license for more than a total of seven (7) days in any calendar year. C. The Council may, but at no time shall it be under any obligation whatsoever to, grant a temporary beer license on premises owned or controlled by the City. Any such license may be conditioned, qualified or restricted as the Council sees fit. If the premises to be licensed are owned or under the control of the City, the applicant shall file with the City, prior to issuance of the license, a certificate of liability insurance coverage in at least the sum of $100,000.00 for injury to any one person and $300,000.00 for injury to more than one person, and $10,000.00 for property damage, naming the City as an insured during the license period. Such license shall be issued only on the condition that the applicant will not sell in excess of $10,000.00 (retail value) worth of beer in any calendar year, and thereupon shall be exempt from proof of financial responsibility as provided for herein. SEC. 5.32. HOURS AND DAYS OF BEER SALES. No sale of beer shall be made between the hours of 1:00 o'clock A.M. and 8:00 o'clock A.M. on the days of Monday through Saturday, nor between the hours of 1:00 o'clock A.M. and 12:00 o'clock noon on Sunday. Source: City Code Effective Date: 7 -1 -89 • (Sections 5.33 through 5.39, inclusive, reserved for future expansion.) 116 (7 -1 -89) '3.2 9 5.40 SEC. 5.40. LIQUOR LICENSE REQUIRED. It is unlawful for any • person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply (1) to such potable liquors as are intended for therapeutic purposes and not as a beverage, (2) to industrial alcohol and its compounds not prepared or used for beverage purposes, (3) to wine in the possession of a person duly licensed under this Chapter as an on -sale wine licensee, (4) to sales by manufacturers to wholesalers duly licensed as such by the Commissioner, or (5) to sales by wholesalers to persons holding liquor licenses from the City. The City may issue annual on -sale liquor licenses only to restaurants and clubs or congressionally chartered veterans' organizations, provided that liquor sales will be made only to members and bona fide guests. SEC. 5.41. SPORTS, CONVENTION OR CULTURAL FACILITIES LICENSE. The Council may authorize any holder of an on -sale liquor license issued by the City or by an adjacent municipality to sell liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports, convention or cultural facility owned by the City, or instrumentality thereof having independent policy- making and appropriating authority and located within the City. The licensee must be engaged to sell liquor at such an event by the person or organization permitted to use the • premises, and may sell liquor only to persons attending the event. The licensee shall not sell liquor to any person attending or participating in any amateur athletic event. Such sales may be limited to designated areas of the facility. All such sales shall be subject to all laws relating thereto. SEC. 5.42. TEMPORARY LIQUOR LICENSE. Subd. 1. License Authorized. Notwithstanding any provision of the City Code to the contrary, the Council may issue a license for the temporary on -sale of liquor in connection with a social event sponsored by the licensee. Such license may provide that the licensee may contract with the holder of a full -year on- sale license, issued by the City, for liquor catering services. Subd. 2. Applicant. The applicant for a license under this Section must be a club or charitable, religious, or other non- profit organization in existence for at least three years. Subd. 3. Terms and Conditions of License. A. No license is valid until approved by the Commissioner. B. No license shall be issued for more than three consecutive days. C. All licenses and licensees are subject to all • provisions of statutes and the City Code relating to liquor sale and licensing. The licensee shall provide proof of financial 117 (7 -1 -89) I w rpp 340A.403 LIQUOR 606 607 • 340A.403 3.2 PERCENT MALT LIQUOR LICENSES. (c) The licensee may n Subdivision 1. Issuance by county or city. The governing body of a city or county participating in an amateur may issue off -sale or on -sale licenses for the sale of 3.2 percent malt liquor within their t is authorized by the city. T respective jurisdictions. liquor at any event held um Subd. 2. Temporary licenses. (a) A club or charitable, religious, or nonprofit orga- (d) The license author; nization may be issued a temporary on -sale license for the sale of 3.2 percent malt compact and contiguous, pr liquor. ing and is included in the & (b) The temporary license may authorize the sale of 3.2 percent malt liquor in any application. school or school buildings. (e) Notwithstanding ar (c) Temporary licenses are subject to the terms set by the issuing county or city. sales within the sports arer suites within the sports arer Subd. 3. Exemption. (a) Any person licensed to sell intoxicating liquor at on -sale through Thursday, and (2) shall not be required to obtain an on -sale license under this section, and may sell nonin- and midnight on Friday thrc toxicaling malt beverages at on -sale without further license. be made to a room or suite (b) Any person licensed to sell intoxicating liquor at off -sale shall not be required room or suite is in progress to obtain an off -sale license under this section, and may sell nonintoxicating maltbever. (f) The holder of a liter . ages at off -sale without further license. liquor in miniature bottles i History-: 1985 c 117 s 1,1; 1985 c 305 art 6 s 3; ISp1985 c 16 art 2 s 3 Subd 1; 1987 ties, mixed into another be% c 152 art I s 1; 1991 c 249 s 31 licensee. Subd. 3. Notice to the 340A.404 INTOXICATING LIQUOR; ON -SALE LICENSES. of a license under subdivis: Subdivision 1. Cities. A city may issue an on -sale intoxicating liquor license to the and address and trade nam_ followine establishments located within its jurisdiction: The city shall also inform t` (1) hotels: lion, or revocation during t (2) restaurants: Subd. 4. Special provisi (3) bowling centers: body of a municipality ma; • (4) clubs or coneressionally chartered veterans organizations with the approval of i license issued by the muni mg liquor at any converr o - the commissioner, provided that the organization has been in existence for at least three i on the premises of a sports, rears and liquor sales will only be to members and bona fide guests; or instrumentality thereof (5) sports facilities located on land owned by the metropolitan sports commission; authority and located with; and pense intoxicating liquor at (6) exclusixe liquor stores. the premises, and may dispc Subd. 2. Special provision; city of Minneapolis. (a) The city of Minneapolis may The licensee may not dispen issue an on -sale intoxicating liquor license to the Guthrie Theatre, the Cricket Theatre, ing in an amateur athletic c the Orpheum Theatre, and the State Theatre, notwithstanding the limitations of law, Subd. 5. Wine licenses. or local ordinance, or charter provision relating to zoning or school or church distances. the approval of the commis The licenses authorize sales on all days of the week to holders of tickets for perfor- 25 guests at one time. A win, mantes presented by the theatres and to members of the nonprofit corporations holding by volume for consumption the licenses and to their guests. wine on all days of the week (b) The city of Minneapolis may issue an intoxicating liquor license to 510 Grove- tion to the sale of wine on land Associates, a Minnesota cooperative, for use by a restaurant on the premises (b) The governing body owned by 510 Groveland Associates, notwithstanding limitations of law, or local ordi- an on -sale wine license issu, nance. or charter provision. Percent malt liquors at on -s. (c) The city of Minneapolis may issue an on -sale intoxicating liquor license to are at least 60 percent attrit Zuhrah Shrine Temple for use on the premises owned by Zuhrah Shrine Temple at at on -sale without an addiu 2540 Park Avenue South in Minneapolis, notwithstanding limitations of law, or local (c) A municipality maN ordinances, or char-ter provision relating to zoning or school or church distances. missioner to a licensed bed r Subd. 2a. City of Minneapolis; arena. (a) Notwithstanding any other law, local rizes a bed and breakfast fac ordinance, or charter provision, the city of Minneapolis may issue one or more on -sale Subd. 6. Counties. (a) or combination on -sale and off -sale intoxicating liquor licenses to the owner of the liquor license within the ar, sports arena located at 600 First Avenue North in Minneapolis, or to an entity holding a bowling center, restauran- a concessions contract with the owner for use on the premises of that sports arena. (b) A county board m� (b) The license authorizes sales on all days of the week to holders of tickets for len seasonal on -sale licenses • events at the sports arena and to the owners of the sports arena and the owners' guests. within the area of the coup. . C August 3, 1995 I 1�1 • Jerry Eick, Partner of Abdo, Abdo, & Eick will review for the city council the financial audit of 1994. The management letter and audit report are enclosed for your review. 0 City Center Ill Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks do Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Prinred ,n recvcled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 Fax(612)587 -6427 C M E M O R A N D U M August 3, 1995 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Award of Cost of Service/Water Rate Study A Selection Committee consisting of myself, Randy DeVries, Ken Merrill and Dick . Nagy have reviewed the proposals for a "Cost of Service/Water Rate Study ". The four proposals were received from the following consultants: Montgomery- Watson Progressive Consulting Engineers (PCE) Rust Environment & Infrastructure 11.4 The consultants were ranked based on experience, approach to the work, staff assignment and capacity to perform work, client references, and estimated cost of services. Based on this criteria, the Selection Committee recommends awarding the contract to Rust Environment & Infrastructure. Rust's estimated costs of $15,900 are well within the budgeted funds of $25,000. The City has the option of awarding additional work related to study of Operational Cost Reductions. file: WMWater Rate Study City Center 111 Hassan Street SE Hutchinson, MN 553502522 (612) 587 -5151 Fax(612)234 -4240 Pants & Recreation Police Services 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 553503097 Hutchinson, MN 553502464 (612) 587-2975 (612) (612) 587 -2242 Far (612) 2344240 r Fax (612) 587 -6427 - proved on recycled paper - C August 3, 1995 The finance department for 1995 has money budgeted for a parttime person. Our current staff is running short of available hours necessary to process all of the invoices, payroll and other financial requirements. • Our request is to advertise and hire a permanent parttime person (estimated at about 20 hours per week). This has been classified as a grade IV position, primary duties would be data entry of invoices, payroll, and other material as required. • City Center Parks & Recreation Police Services 111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW Hutchinson, MN 55350 -2522 (612) 587 -5151 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464 (612) 587 -2975 (612) 587 -2242 L/ Fax(612)234 -4240 Far(612)234 -4240 Fax(612)587 -6427 - Prm red on re,,cled paper - MEMORANDUM TO: Mayor and Council FROM: Planning Staff DATE: August 3, 1995 SUBJECT: Patricia Lindsay House - Removal From City Property Earlier this year, Patricia Lindsay requested an extension of the deadline to remove her house from the City property located at 35 Franklin Street N.W. The extension was requested by Ms. Lindsay to allow her the time needed to complete the platting process as required by McLeod County. The extension was granted, and the house is to be removed by September 1, 1995. Ms. Lindsay has realized that the County platting process, that will allow her to place her house on the lot she owns in Acoma Township, will not be completed by the September deadline. She has inquired about moving the house to the property before platting is complete, but the County has denied her request. As a result, Ms. Lindsay is asking for another extension to the deadline. In a letter dated July 26, 1995, to the City Administrator, she asks for an extension to the end of September. In verifying the time line for the completion of the plat, with McLeod County, and the arrangements to remove the house, with Ms. Lindsay, it is reasonable to suggest that an extension of the deadline until December 1, 1995, should be sufficient and is recommended by the Planning Staff. Enc. cc: Patricia Lindsay Gary Plotz, City Administrator file - Patricia Lindsay, Plat (2 mile radius) 0 I . 5s Patricia Lindsay 35 Franklin ST. SW Hutchinson, Minnesota 55350 eJ �ck\ 587 -8565 '.4 �gt� July 26, 1995 Mr. Gary Plotz City Administrator City Center 111 Hassan St. S. Hutchinson, MN 56350 Dear Mr. Plotz fe diet, �S I have an agreement with the city of Hutchinson conceming the moving of my house on 35 Franklin Street. My house was to be moved by September 1st. However the platting of my property will take until the end of September. The Preliminary Plat was approved by Acorns Township, City of Hutchinson, and the Planning Commissioners. I hope to have the Preliminary approved by the County Board at the August 15th meeting. Now I am working on the Final Plat and hope to have this completed and the building permit by the end of September. Would it be possible to get an extension for the removal of my house. I am very sorry for this inconvenience and I am working very hard to take care of this matter. Thank you Sincerely, 1 Patricia Lindsay 9 -P. • August 2, 1995 Mr. Gary Platz City of Hutchinson City Center 111 Hassan St SE Hutchinson, MN 55350 PHONE 612 -587 -2163 FAX 612 - 587 -0449 RECLI; E7 AUG a 1995 CITY QF ; VFCHINSON RE: Elks Club File No. 95 -5565S Dear Mr. Platz: As you are aware, Hutchinson Elks Inc. owns an option • to purchase certain real estate located in and owned by the City of Hutchinson, more particularly described as follows: Lot One (1) Block Two (2) Rolling Oaks Subdivision to City of Hutchinson At the present time, the Elks are in the process of attempting to sell the above described lot. In order to do so, it is necessary for the Elks to obtain written permission from the City of Hutchinson in accordance with paragraph two of that certain option to purchase agreement dated November 19, 1991 by and between Hutchinson Elks Inc. and the Hutchinson Community Development Corporation. However, because of the location of the above property, the Elks feel that the City may be interested in retaining ownership and utilizing the property for civic purposes. Therefore, in an effort to recognize the Elks civic responsibilities and to assist the City in managing its property in the best interests of its citizenry, I have been authorized by the Elks Board of Trustees to formally offer to sell, release and otherwise assign the Elks option to purchase said real estate on the following basis: 1. Total purchase price of $60,000.00 payable as follows: a. $10,000.00 down payment on the date of closing. 9 �� KEEFE & KASAL ATTORNEYS AT LAW 246 Main Street South P.O. Box 220 Hutchinson, Minnesota 55350 JOHN E. KEEFE PETE KASAL' 'Cafified ciud tnal speciabaL eernffM tTIWIMJl burl sp:cralist. SCOTT J. NEWMAN- "Cmd Tni l SlxcioLsf, C,,Nped by lh, N➢nnewla Srate &v .LUw4 iafion and Naltorml Bwrd of Tnal AJvxacy. August 2, 1995 Mr. Gary Platz City of Hutchinson City Center 111 Hassan St SE Hutchinson, MN 55350 PHONE 612 -587 -2163 FAX 612 - 587 -0449 RECLI; E7 AUG a 1995 CITY QF ; VFCHINSON RE: Elks Club File No. 95 -5565S Dear Mr. Platz: As you are aware, Hutchinson Elks Inc. owns an option • to purchase certain real estate located in and owned by the City of Hutchinson, more particularly described as follows: Lot One (1) Block Two (2) Rolling Oaks Subdivision to City of Hutchinson At the present time, the Elks are in the process of attempting to sell the above described lot. In order to do so, it is necessary for the Elks to obtain written permission from the City of Hutchinson in accordance with paragraph two of that certain option to purchase agreement dated November 19, 1991 by and between Hutchinson Elks Inc. and the Hutchinson Community Development Corporation. However, because of the location of the above property, the Elks feel that the City may be interested in retaining ownership and utilizing the property for civic purposes. Therefore, in an effort to recognize the Elks civic responsibilities and to assist the City in managing its property in the best interests of its citizenry, I have been authorized by the Elks Board of Trustees to formally offer to sell, release and otherwise assign the Elks option to purchase said real estate on the following basis: 1. Total purchase price of $60,000.00 payable as follows: a. $10,000.00 down payment on the date of closing. 9 �� b. $10,000.00 per year for a period of five years, payable in an annual payment on the anniversary date of the closing. C. No interest shall be charged or payable on the unpaid balance. 2. The total $60,000.00 purchase price shall be a net figure to the Elks and the City shall be responsible for any and all costs of said sale, including but not limited to the realtor's fee as computed in accordance with the listing agreement with Fahey Sales Agency Inc., or in accordance with the realtor's fee separately negotiated between the realtor and the City of Hutchinson. 3. This offer would be contingent upon approval by the Elks General Membership. 4. Closing would occur within 30 days of approval of the Elks General Membership and written notification of such approval to the City. Regarding the above closing date, because of notice requirements within the Elk's organization, the Elks would need written acceptance of this proposal from the City of Hutchinson by August 21, 1995 in order to place the matter on the agenda for • the September 6, 1995 Elks regular business meeting. In the event that the City decides that it is not in its best interest to accept this offer, in accordance with paragraph two of the above mentioned option to purchase agreement, Hutchinson Elks Inc. respectfully requests written permission from the City to sell the real estate in question. Please advise the undersigned of the City's decision. Respec#ffully submitted, KEE SJN:ly t J. L C1 CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT 111 HASSAN STREET S.E., HUTCHINSON, MN 55350 PHONE: 612- 234 -4216 FAX: 612.234 -4240 MEMORANDUM DATE: August 1, 1995 TO: The Mayor and City Council FROM: Hutchinson Planning Staff Additional comments to our Memo dated July 26, 1995 for Lot 1, Block 2, Rolling Oaks Since our initial Pre -Plan Review dated July 26, 1995, a few additional matters to be considered have arisen. • Hutchinson Utilities manager, Mr. Clarence Kadrmas, has indicated a need for utility easements within this parcel. City Administrator Plotz is requesting a letter from Clarence summarizing utility easement needs. • At the August 1, 1995, Directors' meeting a consensus among Directors acknowledged that the City would incur expenditures if this parcel would develop privately. Relocation of roads, utility easements, traffic study fees, etc. will compound and eventually a scenario similar to the Lynn Road/South Grade Road intersection may take place, we feel acquisition is in the community's best interest. • The legal argument of a "taking" may come forward should the City not permit a building permit or rezoning. We feel this is an exposure with no positive results and too many risks. 9 -E� Hutchinson Utilities Commission Hutchinson, Minnesota 225 michigan stred 55350 MEMO To: CITY COUNCIL From: HUTCHINSON UTILITIES COMMISSION • CLARENCE L KADRMAS Subject: FUTURE ELECTRICAL MAINLINE Date: AUGUST 4, 1995 ENCLOSED IS A MAP SHOWING OUR FUTURE PLANS FOR ELECTRICAL MAIN REGARDING THE PROPERTY SOUTH OF SUPERAMERICA. Jerry Cornell President Doug Ward Vice President Roger Gilmer Secretary Theodore Beatty Commissioner Mike Carls Commissioner 0larence Kadrmas, P.E. General Manager Tel. 612/587 -4746 Fax 612/587 -4721 CONNECTI�UT ST. 37,132 Vol 3 / _... �1 a NC ? .13 ° rAI�A PDD\S\Da w P�\ 10 S� A160 L D ZE�PP�� I 15316 O rs t�E 2 5.2 14' FROM END OF ��•� -� WALKWAY RI FUTURE ELECTRICAL MAINLINE \ 2501169 / \9P ADDITI \. i CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT I I I HASSAN STREET S.E., HUTORNSON, MN 55350 PHONE: 612- 234.4216 FAX: 612.234 -4240 MEMORANDUM Date: July 26, 1995 To: Mayor and City Council From: Hutchinson Planning Staff Pre -Plan Review Comments for Lot 1, Block 2, Rolling Oaks Per City Council request, we have documented the following comments which we feel must be addressed prior to building permit approval. • Our primary concern is the traffic congestion at the School Rd., T.H. 7 West and T.H. 7 frontage road intersection. The developer will likely incur expenses for a traffic study subject to MnDot, the City Engineer, Planning Department and City Council approval. • Attached are the C-4 district setback requirements. The lot depth is substandard by present day standards. It is our position that any variances would be very difficult to approve and unlikely to receive favorable recommendation. • Park access - Right of Way dedication via extension of the service road should be considered. Fire Department access and turn around radii as well as extension of sewer and water must be considered with site plan submittal. This may affect building setbacks. • Depending on the proposed use, a semi - loading berth may be required- If the use is a Hotel/Motel, a loading berth as well as overnight parking dimensions for semi's shall be accommodated. • On -site storm ponding - Parcels one acre or greater shall pond storm water on -site to the National Urban Run -off Program Standard. This parcel exceeds one acre. • Curb cut access onto Hwy 7 - It is likely that a curb cut approach will be requested off Hwy 7�west of this site, utilizing the temporary frontage road which was constructed years ago when T.H. 7 was improved. It is our understanding that MnDot has previously denied this request and it is our position that this matter be reviewed as part of the traffic study. • Landscaping Plan - This is the westerly entrance to the community and aesthetics is very 9 -E, important. It is imperative that items such as dumpster screening, plantings, signage, etc. be in strict conformance to Hutchinson Zoning Ordinance site plan requirements. Municipal Sign Access - We would request easement access to our municipal sign as well as access to the adjacent park. Our final emphasis references back to the necessity for a traffic safety study at the T.H. 7 /School Rd/T.H. 7 Frontage Rd intersection. This matter is complex and in need of professional study by qualified traffic engineers prior to additional traffic loading. The study expense incurred as well as liability exposure may very well prove limitations to this parcel, which may prove to best serve the community as a parking lot for the adjacent parkland. cc: Dolf Moon, Director of Parks and Recreation Planning Staff Planning Commission Gary Plotz, City Administrator • CJ 4 .r+ a �v h •. O � 3 .n v 'h c� V � V ' 1 � 4 ...� lts Mayor i 1 hereby w' `� againatythertract oft the tarer are paid ` its Clerk Dedleotion' of this 1a"d described In the l ».able in the Plat of ROLLING OARS. lnstryent of i.: Dow .J . I hereby /1ty »asurer, punt 1 Y certif le eo 111 prior Y that the taxes are Y• nnesota of this Years on land described inpthe for the year . and plat of ROLLING Orl(S. 'InatrWnt o D.dt.._.._ _ D a I I CF fit Htt. ,i ��tf111 Ah/YE' �r.�sCK,yry .{i 4i r CC Sl .0 ZQQ. Q (Id A L� ystit.•� -F 2.t ..n .t•I i'IP.. 7.00 yN T goo N N 2 J M +w t b r T 2 mW W �.e as .t•I i'IP.. 7.00 yN T WWW ~ W •� ?w�KF �ys.iw r `�. "« wr�r �wrr. �. M �w r.wr• � rwq wwry M �1ry �. Y M Ir 'iwWw ~/ M W •YI . • ROLLING OAKS Mc LEQO COUNTY . MINNESOTA 1967 �.bY� rw w wwM M . r•��wY�r�rMMyY�yr Yr. w W j« r w•. � y� t � / • rl. •M r rY^ Yr. Y Y YII�•I.w r«� / = �•Ywlrr.wYY����yy��� r�•Y r 1/ -Sr rm- `� L r � M finr•/ y •A1ip-m-w or r- I - - - - -- -' �7 Wwr - -- M� &.4w zzramca* r - giirir'�i w — - •.6 Ir1.•~MYY r•r W � Y M�. -gal- w•.•r YY �� ri s ..: ^'N. • •w.w1 � � � Y �\ -gal- w•.•r YY �� ri s i i 0 Section 8.12 C -4 District ACCa88ORY U8E8 The following uses are permitted only when auxiliary to a principal use permitted above: Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot therewith. Parking and loading facilities as regulated in Section 10.02. Signs as regulated in Section 10.05. DIMENSIONAL REQUIREMENTS A. Setbacks (feet): Building Setback From: Street Right -of -Way 25 Interior Lot Line 20 Residential Zoning Boundary 50 Parking Lot'or Circulation Drive -From: Street Right -of -Way 10 Interior Lot Line 6 Residential Zoning Boundary Accessory Building Setback: Street Right -of -Way Interior Lot Line Residential Zoning Boundary 10 20 25 50 B. Minimum Lot Requirements (feet): Lot Area: 1 Acre Lot Width: 200 Feet Lot Depth: 180 Feet C. Maximum Building Height (feet): Principal Structure: 40 Accessory Structure: 25 8 -31 9 -bF PROPERTY DATA SYSTEM iiiiiiiiiiiiiiiiii3iiiiiiiiiW • TAXPAYER INQUIRY :CURR 319 : PROPERTY ID :NEXT 36- 117 -30 -13 -0230 Aiiiiii;;;E Pt.Con: Mt.Adr: HOUSE# FRACTION STREET NAME UNIT ZIP +4 Front: Back: 1210 HWY 55350+ Right: Left: Ownerl: SUPERAMERICA GRO UP INC. Owner3: Owner2: Owner4: Zoning: rim/sec: Yr.blt: 0000 Area: Acres: Sch.Dsti 423 Wshd: 00 Gr /Os /Ex: Subrecs: 00 Width: Depth: 1990: Mkt -Land Mkt -Bldg Mkt -Mach Mkt -Tat Tx Capacity Hd PT %Own 1989: Legal Description: LOT BLOCK 2 • LOTS 2 S 3, BLK 2 • • ROLLING OAKS Type PID or ADDRESS: press ENTER; or F1, F2, FS • i 9 -d�, 0 0 DAVID B. ARNOLD' STEVEN A. ANDER50N G. BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE ** RICHARD G. MCGEE CATHRYN D. REHER GINA M. BRANOT BRETT D. ARNOLD 1. ADMITTED IN Yt1 AND NEW YORK ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX (612) $87-4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON July 31, 1995 Re: Elks Option Our File No. 3188 -95299 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 6451793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 1612) 389-2214 FAX (612) 389-5506 RcC":,iEi) AUG 2 1995 CITY OF ; �UTCHINSON Enclosed herewith please find a photocopy of the Option to Purchase dated November 19, 1991 by and between Hutchinson Elks, Inc. and HCDC. The relevant language dealing with the property adjacent to Super America is found on page 2 and, as we discussed, the City has the authority to withhold its permission for any particular sale, but cannot do so unreasonably. In the discussions that representatives of the City had with representatives of the Elks at the time the property was acquired, the concerns that were raised by the City had to do principal aesthetic issues. If recollection serves correctly in this regard, I believe the prior business on the site was a farm equipment supplier. I don't recall that Exhibit "A" had any specific representations regarding what was or what was not permissible on the site and it was my recollection that in the negotiation process parties intentionally were vague about perspective uses for the parcel. At one point in the discussions there was even conversation about the fact that it was unclear what use would exist for the property because of difficulties in gaining access to Highway 7. I hope this correspondence is helpful to the Council in dealing with the issues involved in this matter. CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 9 `' "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz July 31, 1995 • Page 2 Please do not hesitate to contact me should you have any questions regarding the foregoing. Thank you. Best regards. Very truly yours, OLD, (SON & MVE, P.L.L.P. Y G. Barry Anderson GBA:lm Enclosures • 0 OPTION TO PURCHASE THIS OPTION TO PURCHASE, is made and entered into this /Y_�6day of 1991, by and between Hutchinson Elks, Inc. ( "Elks ") and L Hutchinson Community Development Corporation, a Minnesota non - profit corporation ( "HCDC "). RECITALS: A. Elks is the fee owner of certain premises described as follows: Property I. D. No. Legal Description 23 -056 -3230 Lots 6, 7, and 8, Block 47 23 -056 -3240 23 -056 -3250 North Half of Hutchinson All real and personal property is located in the City of Hutchinson, County of McLeod, State of Minnesota (the "property "), except perscnal property listed as Exhibit W. B. HCDC and Elks enter into this agreement for the purpose of granting an option to HCDC to acquire the property. NOW, THEREFORE, in consideration of the mutual promises made by the parties and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Elks and HCDC agree as follows: 1. Grant of Option. In consideration of $100.00 in hand paid from HCDC to Elks, Elks grants to HCDC the exclusive option to purchase the property at any time from the date of this Option through April 1, 1992, in accordance with the terms and conditions of the Option Agreement. 2. Purchase Price. Throughout the term of the Option Agreement, the purchase price shall be paid in cash at closing, less option monies previously paid pursuant to this option in the amount of Two Hundred 0 Fifteen Thousand and No /100 Dollars ($215,000.00). 9-i�, In addition, the City shall grant to the Elks an option for 10 years on certain real'prperty located adjacent to Super America, as is more fully set out in Exhibit "A ". This opticn shall be effective only if the opticn is exercised by HCDC or its assigns. The 10 -year option period shall commence from the date of closing of this agreement. The date of closing shall be such date as the parties may mutually agree upon ad in the absenece of agreement, the date of closing shall be 45 days after the exercise of the option. The purchase price shall be $10.00. The City shall bear the responsibility for the extension of utilities to the property set out in Exhibit "A ". Elks shall pay any connection charges and costs associated with extending the services to the building or buildings. Elks may not convey, transfer or sell the property without the written permission of the City of Hutchinson, which permission shall not be unreasonably withheld. 3. Closing Date. The date of closing shall be such date as the parties may mutually agree upon, and in the absence of agreement, the date of closing shall be 45 days after exercise of the option. 4. Assignment. This Agreement shall be fully assignable from HCDC to the City of Hutchinson, with the assignment to be in the sole discretion of 5. Conditions. The transactions provided for herein are subject to the following conditions: a. Ssercise /Terminaticn/Restrictions /Covenants- HCDC shall give written notice by certified mail of its intention to exercise the option any time through midnight of March 31, 1992. Nothing in this agreement shall be construed to require HCDC to exercise the option and the decision to exercise the option rests in the sole discretion of HCDC. In the event HCDC does not exercise the Option, Elks retain option monies paid under the agreement. b. Liens. All mortgages, liens and other charges against the property shall be paid or satisfied, as applicable, by Elks prior to or at the closing. -2- c. Title /Taxes. Title shall be delivered at closing by general warranty deed and must be fee simple marketable title subject to (i)iutidity and other easements, rights of way and restrictions of record; (ii) free of all real estate taxes and installments of special assessments for improvements to the property including real estate taxes, except that Elks shall pay all real estate taxes due and payable in the year following the closing and thereafter. d. Leases. Elks agrees to properly terminate any existing leases prior to closing. It is understood that a portion of the Elks property is leased to a laundrerrat facility and the lease, by its terms, does not expire prior to November 15, 1993. The City, and not the Elks, shall relocate the laurdromat facility and, if necessary, condemn the lease. In the event the City elects to condemn the lease and any other property interest held by the laundremat, the Elks agree to cooperate fully with the City in any such condemnation effort. The Elks do not claim, and hereby waive, any interest in the lease or property rights held by the laurdreuat, its successors or assign. The City shall pay relocation or condemnation expenses corrected with the laundremat facility, if any. e. Investigation /Testing. FCDC and the City of Hutchinson shall have the right to enter upon the property, at any reasonable time and with adequate notice to Elks a visual inspection and for the purpose of conducting such environmental, engineering, surveying and other investigations or testing as HCDC considers necessary. HCDC shall (i) deliver to Elks a waiver of lien executed by any party or entity conducting any investigation or testing on HCDC's behalf on the property (ii) conduct all investigations or testing in compliance with applicable governmental rules, laws and regulations (iii) repair or restore any damage or disturbance to the property caused by investigation or testing conducted by or on behalf of HCDC and (iv) indemnify and hold Elks, and Elks successors and assigns, harmless from any claim, action, liability or demand and in any way arising from or related to the investigation or testing conducted on the property. The indemnification by HCDC shall not extend to any environmental condition on the property which existed prior to HCDC's investigation or testing. f. Waiver of Relocation Benefits. The property which is the subject of this Option Agreement is commercial or business in nature. As part of the consideration for the Option and for the sale of the property to HCDC, the parties agree that the purchase price recited in this Option Agreement shall include all relocation benefits otherwise available under state or federal law and no further relocation benefits shall be paid by HCDC to Elks. g. Approvals. HCDC shall secure all necessary approvals from McLeod County Regional Rail Authority and the Minnesota Department of Transportation for the transaction, if required. -3- 6. g1kI Closing Documents. On the closing date, Elks shall execute and deliver to HCDC the following (collectively "Elks' closing documents "): • a. Deed. A warranty deed in form reasonably satisfactory to HCDC conveying the real property to HCDC free and clear of all encumbrances. b. Seller's Affidavit. An affidavit of title by Elks indicating that on the closing date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Elks or the real property; that there has been no skill, labor or material furnished to the real property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the real property, together with whatever standard owner's affidavit and /or indesnity (ALTA form) which may be required by the title insurance carrier to issue an owner's policy of title insurance with the standard exceptions waived. 7. City's Closing Dints. Cn the closing date, the City shall execute and deliver to the Elks the following (collectively "City's Closing Documents "): a. Deed. A limited warranty deed in form reasonably satisfactory to the Elks conveying the real property to the Elks. • b. Seller's Affidavit. An affidavit of title by the City indicating that on the closing date there are no outstanding, unsatisfied judgments, tax liens or outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the City or the real property; that there has been no skill, labor or material furnished to the real property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the real property. 8. Evidence of Title. Within 60 days after the date hereof, the City shall furnish to the Elks a commitment for a title insurance policy on the property or an updated Abstract of Title with all appropriate searches. The Elks shall have 30 days after receipt of the commitment or abstract to examine title and to make any objections thereto, which must be in writing or shall be deemed waived. If any objections are made, the City shall be allowed until the later of the date of closing or 120 days to make the title marketable. If the objections are not cured within the 120 --day period, HCDC will have the right to do any of the following: -4- • a. Withhold from the purchase price an amount, which in the reasonable judgment of HCDC is sufficient to assure a cure of the objections. Any amounts so withheld will be placed in escrow with a title insurance company pending such cure. If Elks do not cure such objecticns within 90 days after such escrow is established, HCDC may then cure such objections and charge the cost of such cure (including reasonable attorney's fees) against the escrowed amount. If such escrow is established the parties agree to execute and deliver such documents as may be reasonably required by the title insurance company, and Elks agree to pay the charges of the title insurance company to create and administer the escrow. b. Waive the ebjecticns and proceed to close. 9. Risk of Ownership and Adjustment of Purchase Price. The risk of ownership of the property which is the subject of this Cption Agreement will not pass to the Elks or to its assigns until the transfer of title to the property whenever accomplished and the Elks shall not be liable for any damage or injury to or for loss of said property prior to such date. • 10. Remedies. a. ElkI Remedies. If HCDC defaults under this Agreement, Elks shall have the right to terminate this Agreement by giving written notice to HCDC. If HCDC fails to cure such default within 15 days of the date of such notice, this Agreement will terminate, and upon such termination, Elks will retain the option money as liquidated damages, time being of the essence of this Agreement. The termination of this Agreement and retention of the option money will be the sole remedy available to Elks for any default by HCDC, and HCDC will not be liable for any damages or specific performance. b. HCHCIs Remedies. If Elks defaults under this Agreement, HCDC may seek as permitted by law, any one or more of the following remedies: (1) Specific performance within 6 months after such right of action arises, including costs and reasonable attorneys' fees, as permitted by law. 11. Miscellaneous Provisions. a. Elks acknowledges that neither HCDC nor any of its agents, representatives or employees or any agents of the City of Hutchinson have made any warranties or representations with respect to the property or its prospective use except as stated in this Agreement. b. Elks, agrees to deliver possession not later than date of closing unless mutually agreed by the parties to a different date. -5- c. The Elks shall be entitle to salvage rights to the equipment and fixtures, as listed on Exhibit "A," provided, however, that Elks wily remove all salvage items within thirty (30) days of receipt of written notice from the City. For the purpose of maintaining safety and limiting vandalism, the Elks agree to secure the building following any salvage efforts. 12. parties. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and assigns. 13. Survival. Representations and warranties made in this Agreement shall survive the closing and shall not merge with any deed delivered as part of the transaction. 14. Broker. Both HCCC and Elks warrant and represent to the other that the party making the representation has not employed the services of any real estate broker who would be entitled to real estate commission on the consummation of the transaction contemplated herein. 15. Rntire Agreement. This Agreement shall be construed according to the laws of the State of Minnesota and contains the entire agreement of the parties with respect to the subject matter hereof. There are no representations, inducements or other provisions other than these expressed herein. This Agreement shall be binding upon the parties hereto and their successors and assigns. Any changes, additions or deletions hereto must be in writing and signed by the parties to this Agreement. IN WIaESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. HCT1(MONCti ELKS, INC., Its' BUTC HINSCN COPK)MTY DEVEGOPHENP BV Its STATE OF MINNESOTA) COUNTY OF kLEW) On this appeared before on behalf of the Co STATE OF MINNESOTA) COUNTY OF McLEOD) On this Z� appeared before m executed the same c This Document was Drafted by: ss day of 1991, personally we a Notary Public, g4e the of Hutchinson Elks, Inc. an&who executed the sane Corporation. j Notary Public E �- D C TY ss C�,,,?,;Sn Cxp:,--j L. 15T3 P r r F P 9 f day of , / h- � -1/ 1991, personally Z47,'�l a Notary Public, I the of Hutchinson CormunityDevelopaent Corporation and who on behalf of the Corporation. Li Notary Public McGraw & Ward, P. A. Attorneys at Law Suite 209 Citizens Bank Building P. O. Box 96 Hutchinson, MN 55350 (612) 587-3900 • -7- R. J. PftGRAW P407APY FL-31-!C — 1/.'NWSC-.A K'cLECD C-1 N�y Ll-/ Cc +, it3zsn Fawn M-Y 23. 1-33 • • OPEN -BOLD COUNCIL REPORT Tue Aug 8 1995 13:50:38 Page 1 ------------------------------------------------------------------------------------ 1988 IMPROV. BDS AM.NATIONAL BANK 1994 IMPRO CONST INTEREST FOR 88 GO IMP COMSTOCK DAVIS INC PROF SERV JUUL CONTRACTING CO LETTING 3 PROJ 94 -03 MID -MN HOT MIX INC LETTING 9 PROJ 94 -10,1 RANDY KRAMER EXCAVATING INC LETTING 10 PROJ 94 -16, S J LOUIS CONSTRUCTION INC LETTING 4 PROD 94 -04 BAURRLY BROS INC. COMSTOCK DAVIS INC DORSEY i WHITNEY JUUL CONTRACTING CO LANDWBHR CONSTRUCTION OSM RANDY IR]M M EXCAVATING INC SOUTH&M BOB COMM WK MDELLZR 4 SONS M I ndLI '!l,,'.' I ! •• 1.1 . •• !I . •• BRANDON TIRE Ob CAROUEST AUTO PARTS CIT! OF HUTCEIN80N FORTIS BEBBIFI`TS 0 i X SERVICES BUTCH IRON 4 METAL HUTCH331SON WHOLESAT•= L 4 P SUPPLY CO MID CON SYSTEMS INC MN MUTUAL LIFE PLOWMANS POSTAGE BY PHONE SORENSEN FARM SUPPLY TERMINAL SUPPLY CO CITY HALL CONST. G 4 J AWNING CANVAS INC LETTING 7 PROJ 95 -07,0 PROF SERVICE BOND LEGAL SERVICE LETTING 11 PROJ 95 -17 LETTING 4 PRAT 95 -04 PROF SERVICE LETTING 14 PRAT 95 -23, CONST BULLETIN LETTING 8 PROJ 95 -10,1 PROF SERVICE PROF SERVICE 2 TIRES SUPPLIES AUG DENTAL AUG LTD amp TOWELS IRON SUPPLIES EXTENSION WEATHER REFLECTIONS AUG LIFE REPAIR VAN JULY POSTAGE FITTINGS, ETC PARTS AWNINGS $27,000.00 $27,000.00 $1,488.00 $19,239.21 $14,148.73 $5,694.43 $68,916.11 $109,486.48 $65,465.91 $539.25 $6,066.17 $64,724.93 $124,086.15 $37,516.17 $42,620.47 $207.50 $166,034.16 $507,260.71 $627.75 $138,555.00 $139,182.75 $822.43 $612.94 $432.09 $17.93 $52.51 $22.58 $275.92 $157.60 $78.76 $6.72 $473.50 $4.48 $40.79 $14.03 $3,012.28 $900.00 11—A, OPEN -HOLD COUNCIL REPORT Tue Aug 8 1995 13:50:38 Page 2 $900.00 GENERAL FUND AAGARD NEST EXTRA TRASH $116.01 ALBINSON TRIPOD $95.54 ALLEN OFFICE PROD BINGO CAGE $305.73 AM RISK SERVICES MILEAGE FOR YEAR $1,043.60 AMERICAN RED CROSS SUPPLIES $371.31 AMOCO OIL CO FUEL $35.17 ANDERSON, DON 6 PENNY MCGRUFF BADGES 5,000 $166.49 ARLT, JOHN 9 GAMES $135.00 ARNOLD 4 MCDOWELL PROF SERVICE $4,461.50 ASQC BOOK $56.20 BACHMAN'S 4 ELMS $312.18 BAILEY NURSERIES JUNIPERS 15 $476.86 BARR ENGINEERING CO PROF SERVICE $508.60 BECKER ARENA PRODUCTS ACRYLIC $290.38 BIG BEAR MISC $37.23 BLACK HILLS AMMUNITION AMMO $1,138.55 BRENIZ CONCRETE CO LOAD CHARGE $216.24 BRINKMAN STUDIO SLIDES $6.37 BROWN, ISAIAH U P i COACH 35.5 HOURS $159.75 CADD /ENGINEERING SUPPLY JET ROLL $14.99 CAMERA SHOP DEV &,PRINT $40.37 CARRIGAN, CORY UMPIRE 11 GAMBS $165.00 • CASH MISS SUPPLIES $433.54 CELLULAR 2000 JULY CELLULAR $166.69 CHANHASSEN DINNER THEATRES 1 ADD IL RE" $23.00 CITY OF HUTCHINSON AVU D®TAL $29,605.63 COMM TRANSPORTATION LAD M(AEUAL $17.18 COUNTRY KITCHEN JULY MEALS $11.13 COUNTY RECORDER MISCELLANEOUS $41.00 COUNTY TREASURER 8 -911 REIMBURSEKE TT $841.99 COVEY LEADERSHIP CENTER DUES $89.50 CRINZ PREVENTION RESOURCES VIDEO $94.00 CROW RIVER AREA QUALITY COUNCI 95/96 MEMBERSHIP $50.00 CULLIGAM WATER COND SALT $12.99 DAAK REFRIGERATION REPLAC BLOM M BELT $47.28 DAY TIMERS INC REFILL INDEX $34.90 DECKER, MARK T BALL $9.00 D0KINOIS PIZZA PIZZAS $189.00 DOSTAL, ED UMPIRE 12 GAMES $180.00 DOSTAL, ROSA IN1'BRPRETOR SERVICE $15.00 DUESTERHOEFT, EVELYN SR. TOUR REFUND $35.00 E i K ENTERPRISES INC REPAIR LAMNBOY $65.00 -. EAOAN AUTO LICENSE INC 20 MAPS $8.00 ED DAVIS BUS MACH CONTRACT REPAIR 6 MAIN $219.55 EINCK, MONTE TOURNAMENT WORK 11 HRS $55.00 ERICKSON G TID@LIN SCRAPER $400.00 t,- ERICKSON FREEDOM 10 GALS UNL $12.19 • ERICKSON, JAMES GEORGE PAMILY REXALL DRUG REFUND OF OVERPAYMENT SUPPLIES $110.00 $6.00 FARM : HOME DIST. CO HOSE CLAMP $120.63 OPEN -HOLD COUNCIL REPORT Tue Aug B 1995 13:50:38 Page 3 ----------------------------------------------------------------------------------- FEED RITE CONTROLS CHLORINE, ETC $877.11 • PENSKE'S STUMP REMOVAL STUMP REMOVAL $986.87 FESTIVAL FOODS WATER $195.78 FITZLOFF HARDWARE KEYS $201.05 FLOWER CORNER & GIFT SHOP, THE GREEN PLANE- H.PITTMAN $17.42 FORESTRY SUPPLIERS TAPE, HOLSTER $49.63 FORTIS BENEFITS AUG LTD $1,360.13 G 4 K SERVICES UNIFORMS $685.09 GAME TIME CLEVIS, BOLTS,E TC $16.94 GERDES, CHELSEA AV CAMP $15.00 GIESE, RICK UMPIRE 14 GAMES $274.00 GLOBAL COMPUTER SUPPLIES WINDOWS BUNDLE $67.42 GOEBEL, PAUL UMPIRE B GAMES $120.00 GREAT PLAINS SUPPLY PLYWOOD $197.69 GROERLRR, FLOYD SAFETY BOOTS $60.00 GUARDIAN PEST CfL PEST CONTROL $21.57 GUTHERY, TOM MOTORCYCLE LEASE $37.80 HAGER JEWELRY MATERIALS $9.39 HANSEN TRUCK SERVICE AIR LEAK $168.70 HANT' MARSHA REFUND $10.00 HARJU TIRE 4 SERVICE SERVICE $53.25 HENRYS FOODS INC CANDY, ETC $1,076.38 HENSEN, MARK TRAVEL EZP $16.27 HILLYARD FLOOR CARE /HUTCHINSON FILTER ASSY, RIM, SEC $1,017.17 HUTCH COMM HOSPITAL BOARD OF PRI9011M $98.50 HUTCH CONV871'IOM 4 JWIR Imam TAX $2,948.40 • HUTCH FIRE Q SAFETY HUTCH PLBG L HTG 00 SEMI ANNUAL INSPECTED SEAL CRACKS $262.51 $435.00 HUTCH PUBLIC SCHOOLS TRACK MEET $75.00 HUTCH TECH COLLEGE REG $356.00 HUTCHINSON LEADER TANXER BIDS $780.28 HUTCHINSON U'1'ILITIEB GAS 4 ELEC $8, .55 HUTCHINSON WHOitaaTe SQOEEGE $31 $31.90 IMPERIAL PORTA THRONES WATER CARNIVAL TOILETS $1,007.49 INK SPOTS POOH PRODUCTION $789.23 INSURANCE PLANNERS BOND EMPLDTn DISHOWHS 52,535.00 INPOKI)0n1W INC MOUTHPIECES $162.31 JACOBSON, LYNN SWDI LESSONS REPUND $6.00 JBRABEK MACHINE SERV SQ TUBE $40.00 JIM'S GARDEN SERVICE NOW WEEDS $894.60 JOSS SPORT SHOP TROPHIES $387.00 JOHNSON, RUSSELL SAFETY BOOTS $60.00 KARG, LARRY CABLE WINCE $52.19 KERR TRANSPORTATION SERVICES DRUG TESTING $68.00 KING, TOM 26.5 HOURS $119.25 L 6 P SUPPLY CO TRIM OTH $241.05 LAW ENFORCE EQUIP 10 HIGLO BADGES $740.00 LEAGUE OF MN CITIES 1ST QTR W.COMP $25,465.34 T.ENNEc, RICHARD JULY COMPENSATION $2,163.00 LINDER BUS COMPANY BUS ORR $331.20 LOUIS THE TAILOR BIKE SHORTS $73.08 M R SIGN LEFT TURN SIGNS $130.16 •;. MANKATO MOBILE RADIO MARCO BUS.PRODUCTS AUG RADIO MTCE $5,853.24 . BINDERS $89.57 } • • d a • 1 OPEN -HOLD COUNCIL REPORT Tue Aug 8 1995 13:50:38 Page 4 ------------------------------------- JAMES SCHOOL TRAVEL EXP ------------ $16.11 MARQUETTE BANK 48 CASES COKEB $280.65 MCGARVEY COFFEE INC COPPER MCLEOD COOP POWER ELECTRICITY $42.15 MCLEOD COUNTY RECORDER REGI $243.43 MCPA MEMBERSHIP $34.00 MEISNER, RORY DOUBLE PAYMENT OF SOFT $25.00 $75.00 MID -MN HOT MIX INC 15 FOOT ROLL PETRO MAT $252.62 MIDWEST CABLEVISION AUG SERVICE MINNESOTA GFOA REG- K.MERRILL $4.96 MN CITY /COUNTY MANAGEMENT ASSC DUBS 95/96 $160.00 MN ELEVATOR INC. ELEVATOR SERVICE $60.00 $65.00 MN MUTUAL LIFE AUG LIFE $504.63 MH PLAYGROUND INC DRINKING FOUNTAIN $453.61 MN TURF 4 GROUNDS FOUNDATION 2 ATTENDEES $12.00 MN D C POIID CREDIT FROM 1ST QTR $315.92 NATL FIRS ASSN DOES i SUBSCRIPTIONS $44.50 NICKLASSON ATHLETIC CO 4 DOZ BASEBALLS NORDBY, KATHLEEN $651.00 NORTHERN SAFETY CO SWIM LESSON REFUND $13.00 SAFETY GLASSES $60.22 NORTHSTAR CHAPTER IoselEtYHIP- J.RUNKE $20.00 OLSONS LOCKSMITH 12 KEYS ORDWAY MUSIC THEATRE SHOW BOAT $19.17 PETERSON BUS SERVICE ST C79M DUN TRIP $306.60 $750.00 PETERSON, LYNDON BAND FOR $75.00 PLOTZ, GARY D. � �2.yM.,�.O�R,,�BO-DOW PLA�Ilq i HTO DOCTOR pN RE $10.12 POSTAGE BY PHONE ON S� $176.00 PROFESSIONAL REDEVELOPMENT RES JULY Pomm PROF 933MCE $854.84 QUADS ELECTRIC KTK FUSES $471.25 RADISSON ARROMWOOD RESV- K.mmn.L $298.63 RAMIRSZ, ALEXIS AM CAN STAFF $157.62 REYNOLDS FENCE _ LOOP CAPS $15.00 ROWSRAMP ASSOC INTRO ARC CAD 11.3 MAN $38.77 RUNKS, BRUCE TRAVEL ZIP $63.90 $187.45 RONKE, REINHOLD UMPIRE 9 GAMES SCBNELIAG OIL CO TRAVEL SCHOOL CONFERER $135.00 SCH ADER, JEFF UMPIRE 12 GAMZS $613.43 SCHUMACHER. RURZN LT R DANCING DAM $180.00 SCHWEISS DISTRIBITl'I71G REPAIR DOOR $25.00 SEVEN WEST WASH & DRY REC DEPT $663.91 SEWING BASKET $115.83 SHARE CORP C4.OTgxw G PERS.EQUIP SURFACTANT $25.56 SHAM, KAREN DANCZLINB $346.53 SHAN, 3TACEE DANCYLIB'S 16 HOURS $321.00 SHOPKO CRAYONS $120.00 SIMONSON COMBER CO NAILS $65.87 SMART SCALES $8.41 mmic CONVERSION $26.00 STANDARD PRINTING PRINTING JOB 3TREICHEIRS SUPPLIES $26.63 SUBWAY $144.92 9 SUBWAY SANDWICHBS /WO $28.55 TE24PLETON INC EMPLOYER CONTRI $229.67 THE ORIGINAL FARMER'S DAUGHTER SR CITIZARS TORGBRSON, MARLIN TRAVEL SIP RSMB $202.59 $197.37 OPEN -HOLD COUNCIL REPORT Tue Aug 8 1995 13:50:36 Page 5 --------------------------------------------------------------------------- TRAF 0 TERIA SYSTEM PARKING TICKETS $97.57 TRI CO WATER COND SOFTENER RENT $159.57 TRIPLE G DISTRIBUTING INC SNAPPLE $75.80 TWO MAY COMM INC PROGRAM RADIOS $335.00 UNIFORMS UNLIMITED BULBS $14.47 UNITED BLDG CENTERS CONCRETE $77.39 UP 4 AWAY BALLOONS HELIUM FOR FUN DAY $12.50 US POSTAL SERVICE POSTAL EZP $858.00 VIKING COCA COLA POP $11803.70 TAL -MART BEADS RETURNED $59.92 WEDIP, CHUCK REND FOR SPECIAL EVENT $359.23 WITTE SOD 165 YDS SOD $140.25 WRIGHT, LEE UMPIRE 10 GAMES $150.00 ZEROS 535$ JUNE USAGE $588.33 ZILLMER, RICK UMPIRE 11 GAMES $165.00 JORDON BEVERAL$ INC. aEm! PUR JULY $120,729.93 HAT -FAC. CONST. BONBSTROO ROSENE ANDERLIE i, AS PROF SERVICES JUTE $9,103.85 BRAUN INTERTEC COPP PROF BERV 5 -20 TO 7 -14 $2,615.13 DORSEY i WHITNEY DOW LEGAL SERVICES $4,066.18 $15,785.16 r^ BRA ADKIY PEe $800.00 $600.00 LIQUOR STORE AK.L== SUPPLY OD Mug va JULY $138.56 ARARM CIGAR CO C`IGIEE $925.2S BERNICES PEP8I COLA MISC PUR ULY $249.64 CDI OFFICE PRODUCTS LTD SUPPLIER $59.96 CITY OF HUSCHIEBUT IArrBRY PAYMEET $7,369.89 CMS REFRIGERATION DRAM STRDq RAGS $230.96 CG18T TO COMET RUPPLIEB $15.14 DIANOW CLEAR ICE ICE cusu $328.70 FESTIVAL FOODS SUPPLEN $3.18 FORTIS BENEFITS - ADO LTD $31.08 FRIENDLY BEVERAGE CO EE'mt PUR JULY $2,383.70 HENRYS FOODS INC SUPPLIES $2,032.87 H3tRMSL WHOLESALE MISC PUR JULY $486.27 INSURANCE PLANNERS LIQ LIABILITY $11,552.25 JOHNSON BROTHERS LIQUOR CO. LIQ PUR JULY $146.31 JORDON BEVERAL$ INC. aEm! PUR JULY $2,005.00 R D U Z ADV POE JULY $64.60 KARP RADIO ADV $46.00 KKJR ADV FOR JULY $80.75 LEAGUE OF MN CITIES 18T QTR W.COMP $369.91 LEHMANN FARMS MISC PUR JULY $321.00 LENNE AN BEVERAGE DIST. INC CASE DEPOSITS $8,639.75 LEO'S TRANSFER JULY FREIGB'! $314.05 , OPEN -HOLD COUNCIL REPORT Tue Aug 8 1995 13:50:38 --------------------------- LOCHER BROS INC MN MUTUAL LIFE PAUSTIS i SONS POSTAGE BY PHONE QUALITY MINE 4 SPIRITS CO. STANDARD PRINTING TRI CO WATER COND TRIPLE G DISTRIBUTING INC VIKING COCA COLA w!'1 � AETN A VARIABLE LIFE ASS GREAT NUT LIFE INS. CO H.R.L.A.P.R. ICMA RETIREKINT TRUST PERA LIFE INS CO. PBRA- D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FWIDS PUBLIC EMPLOYEES TEMPLETON INC NADELL i P' MITHHOWING TAX ACC! RURAL P. D. WATER /SEWEE FUND Page 6 ------------------------------------------------------ BEER PUR JULY $15,370.65 AUG LIFE $11.55 BEER PUR JULY $513.50 JULY POSTAGE $14.40 COST OF MIX Q SOFT DRI $2,161.99 PRINTING $168.27 SALT EMPLOYEE $26.36 CASE DEPOSITS $26,251.95 MISC FUR JULY $193.95 7 -29 ZGWYES $82,709.66 CO. EMPLOYEE CONTRIB 7 -29 EMPLOYEE COBNTRIS 7 -29 EMPLOYEE CONTRIB 7 -29 EMPLOYEE CONTRIB 7 -29 EMPLOYEE CONTRIB 7 -29 EMPLOYER CONTRIB 7 -29 EMPLOYEE CONTRIB 7 -29 EMPLOYER CONTRIS 7 -29 EMPLOYER COWTRIB 7 -29 ZGWYES CONTRIB 7 -29 EMPLOYU CONTRIB 7 -29 EMPLOYER CONTRIB 7 -29 AAGARD .INt" AEI EECPNMC PARTS ANEGMJOE'E DECORATING CENTER ANDNL Mm CENTER BEAT Omcs SUP. BOUSTRAD ELECTRIC 4 Wo BRA ®ON TIES 00 BUSINESSOR S SOLUTIONS CARTER, RANDY CASH NISE CELLULAR 2000 CHEMBRARCH CITGO CITY OF HUTCHIK" CROW CHEMICAL CO CURTIN SCIENTIFIC CO D.P.C.IHD.IDC DKVRIEB, RANDY ✓ Yf . JULY RECYCLING COW, CBL PAI3TP, SUPPLIES DOUBLE PAYMENT OF (LATE KEYBOARD COVER REPAIR i SERVICE BEARI 2 CASINGS CREDIT SEAGATE SAFETY GLASSES SUPPLIES JULY CELLULAR MAXI -LABS MOTOR FUELS i IABRICAN AUG MEDICAL e i.I $670.00 $100.00 $147.57 $1,642.45 $136.50 $52.02 $155.00 $318.46 $13,958.20 $446.46 $150.00 $34,472.82 $52,251.48 $66.27 $30.88 $4.26 $101.41 $24,403.79 $15.24 $109.38 $33.82 $55.27 $756.51 - $200.00 $1,255.64 $40.00 $51.30 $18.58 $176.91 $16.25 $4,266.71 $24.39 $1,503.97 $1,055.70 $51.02 OPEN -HOLD COUNCIL REPORT Tue Aug 8 1995 13:50:38 PRODUCTS INC FARM 4 HOME DIST. CO FEED RITE CONTROLS FERCHE MILLWORK INC FESTIVAL FOODS FISHER SCIENTIFIC FITZLOFF HARDWARE FORTIS BENEFITS O i K SERVICES HARRIS CONTRACTING HILLYARD FLOOR CARE /HUTCHINSON HUTCHINSON LEADER HUTCHINSON UTILITIES HUTCHINSON WHOLESALE IMPERIAL PORTA THRONES ISOO INC JEFF'S ELECTRIC JERABEM MACHINE SERV L i P SUPPLY CO LAB SAFETY SUPPLY INC LAKEVILLE MOTOR EMPRESS LANZ, JERRY LEAGUE OF !RI CITIES LEE, RANDY MCl4LLY GROUP NO Nuru IL LIFE HE VALLEI TESTING LAB MVTL IABORATORIES NCL EGO, LEWES EIAQSTE, JOHN OLOM LOCESMITH POSSAIR BY PBONA QUhW ELECTRIC ROYO ROOTER SAXIFILL INC SCHMELINO OIL CO SERUU LABORATORIES SDQSCE LUMBER CO 0IO1A STEAM CLEANER CORP SourNERN MN CONSTRUCTION Co TELZON COPP TRI CO WATER COND TWO WAY Com INC VAN BERGEN i MARKSON INS VESSCO INC WAL -MART WELCOME NEIGHBOR Page 7 ----------------------------------------------------- UPS TECH SUPPORT $50-.00 SUPPLIES $77.52 SOLUTION $430.88 LOAD SCRAP $100.00 WATER $4.85 METRICEL, PETRI DISH $88.72 NUTS, BOLTS $5.52 AUG LTD $186.91 SHOP TOWELS $286.75 REPLAC ME TT DRYER G TI $858.95 HEIDE LINER $42.86 WOOD CHIPS AD $297.68 ELEC $238.37 SUPPLIES $398.84 COMPOST FACILITY -JULY $61.91 TUBING $319.50 GENERATOR OUTAGE $52.00 BEND 4 WELD $10.00 LINE $222.24 ACID, SAFETY BOOKLET, $97.48 FREIGHT $37.30 TRAVEL SCHOOL EMP $72.48 1ST QTR W.COMP $2,105.85 SAFETY BOOTS $44.99 JULY LEASE $5,650.00 AUG LIFE $69.30 COLIFORM $101.00 COLIFORX $80.00 CYLIEDER BRUSH $403.70 DOUBLE PAYMENT OF NAM $65.07 DOUBLE PAYMENT OF WA.2S $80.77 SERVICE $96.29 JULY POSTAGE $162.28 BULB $525.97 CLEANING $38.00 REFUSE - LANDFILL CHAR $1,956.98 RYKON $33.44 TESTING $87.00 SUPPLIES $169.86 HOSE ASSEMBLY $148.16 SCREW COMPOSTED SLUDG $1,500.00 3 WAND $277.20 SALT $13.42 PROGRAM RADIOS $40.00 ROTOR $316.79 MACHINERY 4 EQUIPMENT $22,831.47 SUPPLIES $61.80 JUNE MAILING LIST $60.00 $74,494.56 $1,133,714.44 IMMEDIATE PAY COUNCIL REPORT Tue Aug 8 1995 13:49:57 Page 1 -- CAP.IMPRO.FUND . BONESTROO ROSENE ANDERLIK i AS PROF SERVICES $1,692.32 NELSON CONSTRUCTION CO. REQUEST Al $47,460.00 $49,152.32 GENERAL CARRIGAN, CORY CASH WISE CHANHASSEN DINNER THEATRES DEPT NATURAL RESOURCES HUTCHINSON TEL CO M.I.A.M.A. MARQUETTE BANK UMPIRE SOFTBALL WATER, GATORADE, ETC RESV 8 -19 -95 HONKY TON DNR REG FEES PHONE SERVICE REG- M.HAUGEN TRANSP COSTS(CERTIFIED HAT -FAC. CONST. BONESTROO ROSENE ANDERLIK 4 AS PROF SERV MAY HOUSING REDEV THOMPSON 4, LORNA LIQUOR • ED PHILLIPS 4 SONS CO. GRIGGS COOPER i CO JOHNSON BROTHERS LIQUOR CO. QUALITY WINE 4 SPIRITS CO. TRAVELERS DIRECTORY SERVICE VETERANS OF FOREIGN WARS WATER /SEWER FUND MNQA WIRE TRANSFER PAYROLL FUND MN DEPT OF REVENUE CARPENTRY WINE PURCHASE LIQUOR PURCHASE LIQUOR PURCHASE MISC ADVERTISING ADVERTISING 5 BANQUET TIC33TS WITHHOLDING TAR $128.00 $38.66 $414.00 $1,101.00 $82.64 $290.00 $240.00 $2,294.30 $9,501.50 $9,501.50 $833.88 $833.88 $2,016.89 $4,965.00 $11,871.82 $2,512.67 $234.00 $52.50 $21,652.88 $125.00 $125.00 $83,S59.88 6,852.99 _.4 FOR YOUR 117E ORIy A ARNOLD, ANDERSON & DOVE ON PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • ATTORNEYS AT LAW DAVID B. ARNOLD STEVEN A. ANDERSON G -BARRY ANDERSON' STEVEN S. HOGE LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE" RICHARD G. McGEE CATHRYN D. REHER GINA M. BRANDT BRETT D. ARNOLD AL50 ADMITTED IN TE% S ONO NEW YORK 101 PARK PLACE HUTCHINSON. MINNESOTA 55350 -2563 (612) 587 -7575 FAX 16121 587 -4096 Mr. Gary D. Plotz City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Mn. 55350 RESIDENT ATTORNEY G. BARRY ANDERSON August 3, 1995 Re: Lowell Otto Our File No. 3244 -95084 Dear Gary: OF COUNSEL RAYMOND C. LALLIER JANE VAN VALKENBURG 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 16121545 -9000 FAX 1612` 545 -1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 16121389 -2214 A FX 16121389 -5506 AUG 4 1995 CITY :, J .0HINQr • Enclosed herewith please find the proposed Order which I have today sent to the District Court for execution regarding the Lowell Otto property. Also enclosed is a copy of my correspondence to the Court. I would appreciate it if this letter, as well as the letter to the Court and the Order, would all be included in the City Council packet for the next regularly scheduled City Council meeting. I understand this to be this coming Tuesday evening. The timing on this matter is fairly straightforward. If the property is not clean up by the close of business on August 15, 1995, the City is in a position at any point thereafter to go in and remove the material there and dispose of the same in the sanitary landfill or to otherwise make arrangements for disposition of the property. It is my understanding that there may be some abandoned appliances on the property and you might want to make sure that Doug Meier or such other parties as may be involved in the removal of these goods, check with the Landfill to make certain that all of the material that will be removed can be properly and legally disposed of. If anyone has any questions regarding the Order, or any other issues surrounding this file, please advise. Lastly, with respect to the criminal proceeding, I believe Mr. Otto has now made his first appearance and I would expect that if the • property is cleaned up by the City or cleaned up by Mr. Otto, the criminal proceeding may be of very little significance. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. PlOtz August 3, 1995 Page 2 Best personal regards. Very truly yours, OLD, ANDE ON & DOVE, P.L.L.P. , 'O��' G. arry Anderson GBA:lm CC Lt. Scott Schwartz Gina Brandt • • • i Honorable Thomas McCarthy Judge of District Court McLeod County Courthouse Glencoe,Mn. 55336 Re: City of Hutchinson vs. Lowell Otto Our File No. 3244 -95084 Dear Judge McCarthy: • I am enclosing herewith the Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree in the above entitled matter. Please note that Attorney Robert Nicklaus is representing Mr. Otto and he did ask for an extension of time to at least August 15, 1995 to clean the property and I did provide a stay of the Order until that time. If the court has any questions regarding this Order, please advise. Thank you. Best regards. 1] Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm Enclosure CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION A. CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ARNOLD, ANDERSON & DOVE PROFESSIONAL LIMITED LIABILITY PARTNERSHIP • ATTORNEYS AT LAW 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350 -2563 OF COUNSEL STEVEN A. ANDERSON RAYMOND C. LALLIER G. BARRY ANDERSON' (612)567 -7575 JANE VAN VALKENBURG STEVEN S. HOGE FAX(612)587 -4096 LAURA K. FRETLAND 5881 CEDAR LAKE ROAD DAVID A. BRUEGGEMANN RESIDENT ATTORNEY MINNEAPOLIS. MINNESOTA SE416 PAUL O. DOVE" (612) 545 -9000 G. BARRY ANDERSON RICHARD G. McGEE FAX (612) 545 1793 CATHRYN D. REHER - GINA M. BRANDT SCI SOUTH FOURTH STREET BRETT D. ARNOLD PRINCETON, MINNESOTA 55371 (612) 369 -2214 August 3, 1995 ALSO ADMITTED IN -EEAS AND NEWYORK FAX (612) 389 -5506 Honorable Thomas McCarthy Judge of District Court McLeod County Courthouse Glencoe,Mn. 55336 Re: City of Hutchinson vs. Lowell Otto Our File No. 3244 -95084 Dear Judge McCarthy: • I am enclosing herewith the Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree in the above entitled matter. Please note that Attorney Robert Nicklaus is representing Mr. Otto and he did ask for an extension of time to at least August 15, 1995 to clean the property and I did provide a stay of the Order until that time. If the court has any questions regarding this Order, please advise. Thank you. Best regards. 1] Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. G. Barry Anderson GBA:lm Enclosure CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION A. CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION • STATE OF MINNESOTA DISTRICT COURI COUNTY OF McLEOD FIRST JUDICIAL DISTRICT ------------------------------------------------------------------- City of Hutchinson, a Minnesota municipal corporation, Plaintiff, VS. FINDINGS OF FACT, CONCLUSIONS OF LAB, ORDER FOR JQDGMENT AND JUDGMENT AND DECREE Lowell Otto, Defendant. --------------------------------------------------------- - - - - -- The above entitled matter came on for hearing before the Court on the 28th day of July, 1995, at 10:30 A.M. in the District Courtroom, McLeod County Courthouse, Glencoe, Minnesota. Appearing at the hearing was Attorney G. Barry Anderson of the law firm of Arnold, Anderson & Dove, PLLP, 101 Park Place, Hutchinson, is Minnesota 55350 for and on behalf of the City of Hutchinson, Plaintiff. There was no appearance by or on behalf of the Defendant. The matter before the Court was a motion for summary enforcement of a notice to repair or remove which notice to repair or remove was issued pursuant to Minn. Stat. §463.15, et sea. Based upon all of the files and records herein, the arguments of counsel, testimony provided at the hearing in the above entitled matter and being fully advised in the premises, the Court now does make the following: FINDINGS OF FACT I. Lowell D. Otto is the fee owner of certain real estate located at 215 Fifth Avenue N.E., Hutchinson, Minnesota 55350 which • real estate is legally described as follows: 1 The Westerly One Half of Lot Nine (9) and the East 10 feet of the North 200 feet of Lot Eight (8) AND • Commencing at a point on the North line of Lot 8, Block 3, Townsite of Hutchinson, North Half, which point is 66 feet East of the Northwest corner of said Lot 8; thence Easterly on the North line of said Lot 8 a distance of 73.7 feet to a point, thence southerly on a line parallel with the East line of said Lot 8 a distance of 200 feet to a point; thence Westerly in a line parallel with the North line of said Lot 8 to a point 66 feet Easterly of the point of intersection of the said line running Westerly if said line were extended to the West line of said Lot 8 to a point; thence Northerly on a line parallel with the West line of said Lot 8 to point of beginning. AND The South 132 feet of Lot Eight (8) except the West 66 feet, all in Block Three (3), Townsite of Hutchinson, North Half. EXCEPTING THEREFROM THE FOLLOWING 2 DESCRIBED TRACTS, TO -WIT: 1. The North 75 feet of the North 200 feet of the West Half of Lot 9. 2. The North 75 feet of the North 200 feet of Lot 8, except the West 66 feet thereof. 2. That the property is unoccupied and vacant and has been unoccupied and vacant. 3. That the grounds surroundings the property are in a • condition hazardous to the public health. Hazards to the public health include but are not limited to abandoned motor vehicles, scattered junk, old tires, abandoned appliances, miscellaneous items of personal property and other refuse. 4. Various pests and other animals have propagated as a result of the unsafe and unsanitary conditions. 5. The owner of the property, Lowell D. Otto, was duly served written notice of the need to repair or remove the dangerous conditions, most recently by service of the Notice of the Order to Repair or Remove by posting the notice at the main entrance to the property and by four weeks publication in the official newspaper of the municipality, the Hutchison Leader, all as required by Minn. Stat. $463.17. • • 6. As required by Minn. Stat. §463.17, a Notice of Lis Pendens was duly filed with the McLeod County Recorder and filed for record against the above described property in Book 136 of Miscellaneous Records at page 641 through 644 and as Document No. 26934 on July 14, 1995. 7. No answer to the Order was served or filed by any party and the matter proceeded as by default. 8. As of the date of the hearing on the above entitled matter, no corrective action had been taken on the subject property nor any indication that corrective action will take place in the future. CONCLUSIONS OF LAW 1. The property owned by Lowell D. Otto located at 215 Fifth • Avenue N.E., Hutchinson, Minnesota, is hazardous property within the meaning provided by Minn. Stat. §463.15, Subd. 3, having been inadequately maintained and the owner having allowed abandonment of the property and unsanitary conditions to occur and the same constitutes a hazard to public safety or health. 2. The City of Hutchinson is authorized to remove and dispose of abandoned motor vehicles, abandoned appliances, tires, glassware, broken windows and other items of personal property and refuse located on the property. The City of Hutchinson is further authorized to dispose of the same by depositing said refuse and other garbage in a landfill or other similar location. 3. The City of Hutchinson is authorized to recover the cost for removing the refuse specified above, and otherwise cleaning the • property, as well as the reasonable attorney's fees incurred in bringing the above referenced action in the same manner as a special assessment as provided by.Minn. Stat. §463.21. • 4. Enforcement of the judgment issued herein is stayed until August 15, 1995 to permit the owner of the property, or others acting at his direction, to clean the property and to otherwise remove the unsafe, dangerous and unsanitary conditions presently existing on the property. After August 15, 1995, the City is authorized as otherwise set forth to dispose of the personal property and to remove the unsanitary and unsafe conditions. 5. A copy of these Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree shall be duly served upon the Defendant by regular United States mail at his last known address: 323 Holcomb, Litchfield, Minnesota 55355. ORDER FOR JUDGMENT • LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: Judge of District Court JUDGMENT AND DECREE I hereby certify that the above Conclusions of Law constitute the terms of the Judgment and Decree of the Court. Court Administrator • 0 0 0 CITY OF HUTCHINSON CITY OF HUTCHINSON LIQUOR STORE COMPARISON LIQUOR STORE COMPARISON JULY 1994 JULY 1995 JULY TOTAL JULY TOTAL 1994 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1995 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1 3,855 7,505 1,303 606 13,269 1 4,187 9,034 1,591 173 14,985 2 3,642 9,554 1,504 751 15,451 14,985 28,720 3 3,941 8,757 1,470 642 14,810 4 469 1,221 75 151 1,916 4 HOLIDAY 0 5 1,386 2,339 227 237 4,189 5 1,763 2,145 489 208 4,605 6 1,463 2,889 365 264 4,981 6 2,357 3,560 624 289 6,830 7 1,564 2,707 470 202 4,943 7 3,117 6,139 1,008 621 10,885 8 2,785 4,498 742 354 8,379 8 2,927 6,234 836 697 10,694 9 2,692 5,454 822 506 9,474 47,824 33,882 10 1,500 2,964 350 255 5,069 11 1,500 2,406 272 121 4,299 11 2,136 3,319 532 353 6,340 12 1,272 2,518 349 310 4,449 12 1,618 3,885 437 432 6,372 13 1,437 2,297 226 167 4,127 13 2,236 4,875 690 502 8,303 14 1,651 3,940 515 308 6,414 14 2,835 6,829 804 665 11,133 15 3,171 5,336 874 418 9,799 15 3,157 5,874 1,188 738 10,957 16 2,548 5,553 809 731 9,641 48,174 38,729 17 1,475 2,659 462 242 4,838 18 1.741 1,988 206 232 4,167 18 1,318 2,474 369 279 4,440 19 1,216 2,358 293 196 4,063 19 1,584 3,241 549 236 5,610 20 1,352 2,514 490 163 4,519 20 1,741 4,176 639 2,259 8,815 21 1,538 3,137 481 241 5,397 21 2,851 7,244 1,236 511 11.1142 22 2,687 6,140 1,096 299 10,222 22 3,097 6,111 860 800 10.868 23 2,386 5,082 794 462 8,724 46,413 37,092 24 1,382 2,680 423 551 5,036 25 2,209 2,334 312 235 5,090 25 1,099 2,273 430 248 4,050 26 2,349 2,264 550 161 5,324 26 1,465 3,601 448 346 5,860 27 1,304 2,847 351 276 4,778 27 1,865 3,919 486 328 6,598 28 1,941 3,473 376 270 6,060 28 3,675 7,616 1,062 842 13.195 29 2,614 5,983 741 536 9,874 29 3,553 7,622 1,360 997 13,552 30 2,895 6,419 1,108 631 11,053 48,291 42,179 31 1,719 2,394 238 201 4,552 4,552 TOTAL 53,667 102,756 15,351 8,828 180,602 TOTAL 58,598 119,625 18,601 13,415 210,239 93 TOTAL 44,849 90,908 13,766 8,883 158,216 94 TOTALS 53,867 102,756 15,351 8,828 180,602 % OF SALE 30 57 8 5 100 % OF SALE 28 57 9 6 100 SALES INC OR DEC 24,366 16 % SALES INC OR DEC 29,637 16 % HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, July 10, 1995 • The meeting opened at 8:20 p.m. The minutes were read and approved KOIJ117..IYitIA: The meeting adourned at 8:53 P.M. Respectfully submitted by, Jim Bmdd Secretary 0 E HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, Jiffy 17, 1995 The meeting opened at 10:00 p.m. Dan Steele and the Rural tanker committee have the specifications done and have been sent oul. There will be ads placed in the Hutchinson Leader for the next two weeks. Bid opening will be August 16" at 8:00 p.m. Secretary will send out notices to the townboards informing them of the bid opening Casey Stotts discussed about sending only one truck to gas line leaks. It was decided that the chief officer would decide how to respond. Dan Steele requested that everyone responding to the station watch their driving - Slow Down!! There was general discussion on the Pumper Driver procedure. Before driving the pumper to a fire, you must be approved by the Captain or Lieutenant of each pumper. Gary Forcier requested if we could put a small garbage can in Rescue 2335 for gloves & medical waste. Duane Hoeschen said he would take care of it. Asst. Chief Steve Schramn asked that all captains submit their budget items by Friday July 213r. Asst. Chief Steve Schramn asked that we do not go 10-6 until at the scene. Chief Brad Emans talked about budget items for the department. General discussion followed. Brad will present a 3% increase on salaries. Chief Brad Emans talked about the Fire Marshall's budget. Casey has done an excellent job and Brad has proposed a 28 hour work week_ 4 hours on Mondays, 8 hoes on Wednesday, Thursday, and Friday. Discussion followed. Everyone agreed with Brad's proposal. Meeting adjourned at 10 45 p.m. Respectfully submitted by, Jim Brodd Secretary 0 - - _ -a_ _- ee - - . ! -� - -- _Loo - - - ��-- �i.�s�.lv�✓�y.,�,cl� �4�`�'°l��ls ".may' -°Q" -� .�s.C,���= Administrative Office RECLi+i�D AW10 Fifth John M. Houlahan, Director PLUBRARY ioneedand O. Box 327 et SW JUL 2 81995 SYSTEM Willmar, Minnesota 56201 -0327 CITY OF :JTGHINSOV 11111111""I""" Phone: (612) 235 -6106 Fax: (612) 235 -3169 wilmarpi@fergus.cfa.org July 26, 1995 FOR YOUR INFORMATION To: Cities and counties's mayors, council members, commissioners, administrators and coordinators; and Pioneerland Library System's board and staff From Roy Johnsen, Chair, Pioneerland Library System Automation Committee Because of recent legislative action by Minnesota State Legislature, Pioneerland Library System has an opportune time to automate Pioneerland Library System's 31 libraries and to provide 160,000 citizens who five in this area access to and benefits of library technology and electronic information. In the last legislative session, two bills were passed funding library technology and telecommunication programs. Some city and county matching dollars are required but these matching funds are exempted from maintenance of effort requirements. Pioneerland Library System Automation Committee is asking cities and counties in Pioneerland Library System service area to work with the committee in bringing modern automation and technologies to our libraries. Therefore, the committee is inviting city councils and county commissions to attend a meeting at a public library of their choice to learn of the need for and benefits of automating your city and county libraries. Cities and counties are encouraged to contact John Houhthan, director of Pioneerland Library System, to set up a meeting site and date. Nearly every public library in Minnesota (350 out of 360) belongs to one of the state's 12 regional public library systems. By end of 1995, eleven of these regional public library systems will have on -line computerized checkout systems and automated library catalogs. Pioneerland Library System will be the lone exception. Pioneerland Library System has a CD -ROM computer library catalog and a manual checkout system. Unlike the on -line systems of the other eleven (11) regional public library systems, Pioneerland Library System's CD -ROM library catalog can not be directly connected to other libraries, internet, data bases, e-mail or other major automated resources. Pioneerland Library System with its CD-ROM library catalogs and non automated checkout systems will continue to manually check in & out over 1 million items annually, keep track of tens of thousands of overdue items and process over 30,000 interlibrary loan requests. An on -line system on the other hand could more efficiently, accurately, and with 10 tess staff time process checkouts, overdues and interlibrary loan requests. Computers provide management information not readily available in manual systems. Automated check -out systems can quickly identify frequency and types of materials being checked out of the library. This information is paramoum in identifying patrons informational needs and interests and in helping librarians allocate limited resources to purchase items which are the most needed by the public. Another benefit of on -line systems is the ability to electronically link the library with the ever expanding technological world of internet, electronic data bases, and world wide web. Advances in technology means the public has new and better ways to gain access to information critical to making business, social, governmental and personal decisions. Linkage also means connecting Pioneerland Library System to other public hbraries, schools, colleges and other informational agencies and providers. These linkages will enable improvements and expansion of cooperative efforts and resource sharing to better serve the public. These new funding programs are opening doors for Pioneerland Library System's patrons to join the rest of Minnesota in the new library automation age. Pioneerland Library System's Automation Committee hopes to see you at a library to discuss further the value of automation to your city, county and citizens. Looking forward to visiting with you soon! Roy Johnsen 0