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cp05-10-1988 cHUTCH iNSON
CITY
CALENDAR
WEEK OF
my3. R TO Mays 14
1988
WEDNESDAY
-1.1-
10:00 A.M. - Directors
Meeting at
City Hall
SUNDAY MONDAY
-$- -9-
MOTHER'S DAY
THURSDAY
-12-
FRIDAY
-13-
2:00 P.M. - Open Bids at City
Hall for Letting
No. 3
TUE!VY
-10-
10:00 A.M. - WWTP Meeting at
Plant Site
7:30 P.M. - City Council
Meeting at
City Hall
SATURDAY
-14-
CONFERENCES & VACATION:
SANDY DE VRIES - Training
4ERLE MEECE - Seminar
May 9-12
',ARY PLOTZ - Conference
May 11-13
CEN MERRILL - Vacation
May 13-16
BONNIE BAUMETZ - Vacation
May 9-13
RE"YJi,AR MEETING' - tUTCn Nr_')DDN CITY COUNCIL
TUESDAY, MAY 10, 1988
1. Call to Order - 7:30 P.M.
2. Invocation - Rev. Jon Lindekugel, Christ the King Lutheran Church
3. Consideration of Minutes - Special Meeting of April 6, 1988; Regular
Meeting of April 26, 1988 and Bid Opening of April 29, 1988
Action - Approve as distributed - Approve as amended
4. Routine Items
(a) Reports of Officers, Boards and Commissions
1. Building Official's Report - April 1988
2. Nursing Home Board Minutes of March 29 and March 31, 1988
3. Police Civil Service Commission Minutes of April 26, 1988
4. Hospital Board Minutes of March 15 and March 29, 1988
Action - Motion to order report and minutes filed
5. Public Hearing - 8:00 P.M.
(a) Set -Up License for Bradley Larson At Little Crow Bowling Lanes
(Continued from April 26, 1988)
Action - Motion to close hearing - Motion to reject - Motion to approve
and issue license
6. Communications, Requests and Petitions
(a) Report from Burns Manor Nursing Home
Action -
(b) Consideration of Request for Parade Permit By American Legion Post #96
for Memorial Day Parade On May 30, 1988
Action - Motion to reject - Motion to approve permit
7. Resolutions and Ordinances
(a) Ordinance No. 8/88 - An Ordinance Regulating The Issuance Of Setup
Licenses For The Consumption Of' Intoxicating Liquor Within The City Of
Hutchinson
Action - Motion to reject - Motion to waive first reading and set
second reading May 24, 1988
1
CITY COUNCIL AGENDA - MAY 10, 1988
(b) Ordinance No. 9/88 - Ordinance Amending Sections 235:05, 235:15 And
235:20 of the 1974 Ordinance Code of the City of Hutchinson Entitled
Hospital Board, And Adding Section 235:30 To the 1974 Ordinance Code
of the City of Hutchinson
Action - Motion to reject - Motion to waive first reading and set
second reading May 24, 1988
(c) Ordinance No. 10/88 - An Ordinance Amending Ordinance No. 464
Concerning Zoning Regulations In the City of Hutchinson And the
Official Zoning Map
Action - Motion to reject - Motion to waive second reading and adopt
(d) Resolution No. 8785 - Resolution For Purchase
Action - Motion to reject - Motion to waive reading and adopt
8. Unfinished Business
(a) Consideration of Changing Length of Term On Library Board from Three
Years to Five Years (DEFERRED MARCH 8, 1988)
Action - Motion to reject - Motion to approve and order preparation
of Ordinance
(b) Consideration of Report On Letting No, 3, Project No. 88-17
(Third Avenue Northwest Improvement) (DEFERRED APRIL 26, 1988)
Action -
(c) Consideration of Amendment to Subdivision Ordinance No. 466, Section
5:10, Requested By Park Board with Favorable Recommendation of Planning
Commission (DEFERRED APRIL 26, 1988)
Action - Motion to reject - Motion to approve - Motion to waive first
reading and set second reading May 24, 1988
(d) Consideration of Golf Course Private Ingress/Egress Road
(DEFERRED MARCH 22, 1988)
Action - Motion to reject - Motion to approve and authorize inclusion
of project in construction contract and bond issue
9. NEW BUSINESS
(a) Consideration of Electro Watchman Monitoring Agreement for Campbell
Lane Lift Station
Action - Motion to reject - Motion to approve and enter into contract
2
CITY COUNCIL AGENDA - KAY 10, 1988
(h) Consideration of Receiving Report And Calling Hearing On Improvement
Project No. 88-31, Waller Drive
Action - Lotion to reject - Motion to approve and set hearing May 24,
1988 at 8:00 P.M. - Motion to waive reading and adopt Resolution
No. 8786
(c) Consideration of MN/DOT Preliminary Layout for T.H. 22 Project
Action - Motion to reject - Motion to approve layout - Motion to waive
reading and adopt Resolution No. 8787
(d) Consideration of Change Order No. 1 for Letting No. 10, Project
No. 88-20
Action - Motion to reject - Motion to approve change order
(e) Consideration of Receiving Report And Calling Hearing for McClure's
Second Addition Improvements, Project No. 88-32
Action - Motion to reject - Motion to approve and set hearing May 24,
1988 at 8:00 P.M. - Motion to waive reading and adopt Resolutions
No. 8788 and No. 8789
10. Miscellaneous
(a) Communications from City Administrator
11. Claims, Appropriations and Contract Payments
(a) Verified Claims
Action - Motion to approve and authorize payment from appropriate
funds
12. Adjournment
11-` 3
MINUTES
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
WEDNESDAY, APRIL 6, 1988
Mayor Ackland called the special meeting_ to order at 4:30 P,M. Present were:
Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and
Pat Mikulecky. Also present: City Administrator Gary D. Plotz and Director of
Engineering Eugene Anderson.
S.A.R.A. MEETING
The City Council met with other officials to review the S.A.R.A. program.
CONSIDERATION OF ASSESSMENT ROLLS FOR LETTINGS 10. 2, 10, 8, 10. 0 AND
10. 10 AND CALLING HEARING FOR APRIL 26, 1088 AT 8;00 P.X. __-
City Engineer Anderson reported on the proposed projects and pointed out that
an error was made in bidding for Project No. 88-20, Letting No. 10,
Following discussion, Alderman Torgerson moved to order preparation of the
assessment roll, set the public hearing(s) for April 26, 1988 at 8:00 P.M., and
to waive readings and adopt Resolutions No. 8746, No. 8747, No. 8748, No. 8749,
No. 8750, No. 8751, No. 8752 and No. 8753. Motion seconded by Alderman Miku-
• Lecky and unanimously carried.
PRESENTATION BY CITY ADMINISTRATOR
1. REVIEW LISTING OF 1987 OEJECTiVES
City Administrator Plotz reviewed the status of the 1987 objectives. The
majority were 100 percent completed.
2. REVIEW OF COUNCIL BARKING OF TOP 1988 OB' U, IVES
The top 10 rankings from the list of priorities for 1988 was reviewed.
3, REVIEW OF ADMINISTRATOR'S REPORT AND RECOMMENDATIONS ON ASSESSMENT SEARCHES
The City Administrator reported he had surveyed several communities and ob-
tained information on assessneat searches. From this material, he had pre-
pared a recommendation on how the City of Hutchinson should process its
assessment searches in the future.
4. REVIEW OF PROPOSAL TO ESTABLISH STANDARDS FOR DISCIPLINE
Administrator Plotz presented a proposal of discipline standards for City
employees.
he meeting adjourned at 6:50 P.M. to reconvene in the Fire Station at 7:00 P.M.
W
CITY COUNCIL MEETING - APRIL 6, 1988
JOINT IIEETIIIG VITA COMMITTEE FROM SCHOOL BOARD REGARDITO PROPOSED SCHOOL
LOCATIOIi AND FUTURE STREET SYSTEM
The City Council and School Board Committee addressed the proposed sanitary
sewer, storm sewer, water main, and streets to the site of the anticipated new
seventh and eighth grade school.
There being no further business, the meeting adjourned.
LJ
0
REGULAR MEETING - HUTCHINS) CITY COUNCIL
TUESDAY, APRIL 26, 1988
i. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow-
ing were present: Mayor Paul L. Ackland, Aldermen John Mlinar, Marlin Tor-
gerson and Pat Mikulecky, Absent: Alderman Mike Carls. Also present: City
Administrator Gary D. Plotz, Director of Engineering Eugene Anderson, and
City Attorney G. Barry Anderson.
2. INVOCATION
The invocation was given by the Reverend Lavern Johnson.
3.
MINUTES
The minutes of the regular meeting of April 12, 1988 were approved as dis-
tributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL STATEMENT - MARCH 1988
• 2 SENIOR ADVISORY BOARD MINUTES OF MARCH ib, 1988
1' AIRPORT COMMISSION MINUITES OF MARCH 28, 1988
4. PLANNUNG COMMISSION MINUTES OF MARCH 15, 1988
(b) CONSIDERATION OF APPOINTMENTS:
1. ARA - PAT MIKULECKY
2. PLANNING COMMISSiOii - ROLAND EBENT
3. LIBRARY BOARD - LINDA WILLMSEN
(c) RErWAL OF NDN-INTOXiCATING MALT LIQUOR LICENSES)
ON -SALE LICENSE
CROW RIVER COUNTRY CLUB
J'S PIZZA
GODFATHER'S PIZZA
GOLD COIN
iZZA iIUT
SODBUS ER'S SALOOIr'
LITTLE C"n0J BOWLING LAi4ES
OFF -SALE LICENSE
CASH WISE, FOODS
ERICKSON FREEDOM STATION -
F1*'Y. 7 & HW i'. 15
GEORGE'S FOOD 'N FUEL
ONE-STOP GAS & GROCERY
SOUTHTOWN MOBIL
TOM THUMB FOOD MARKET
SUPER AMERICA
SODBUSTER'S SALOON
the motion was made by Aluerman Tor^erson, seconded by Alderman Mlinar.
to order the report and minutes filed, ratify the appointments and is-
sue the licenses, ,lotion unanimously carried.
i
CITY COUNCIL MINUTES - APRIL 26, 1988
N01
PRESENTATION OF PLAQUE OF RECOGNITION
Mayor Ackland presented Mildred Nelson and Phyllis Hegrenes with plaques of
recognition for their service on the HRA Board.
5. PUBLIC HEARING - 8:00 P.M.
(a) SET-UP LICENSE FOR BRADLEY LARSON AT LITTLE CROW BOWLING LANES
Mayor Ackland called the hearing to order at 8:00 P.M. and read Publi-
cation No. 3845.
Following discussion, Alderman Torgerson moved to continue the hearing
to May 10, 1988. Motion seconded by Alderman Mlinar and unanimously
carried.
(b) ASSESSMENT ROLL NO. 238 - LETTING NO. 2, PROJECT NO. 88-02
Mayor Ackland called the hearing to order at 8:14 P.M. and read Publi-
cation No. 3840,
No one was present to be heard, Alderman Torgerson moved to close the
hearing at 8:17 P.m. Motion seconded by Alderman Mlinar and carried •
unanimously.
Alderman Torgerson moved to approve and adopt Assessment Roll No. 233,
to award the contract to Wm. Mueller & Sons, Inc. for $54,171, and to
waive readings and adopt Resolutions No. 8763 and No. 8767. Motion
seconded by Alderman Mikulecky and unanimously carried.
(c) ASSESSMENT ROLL NO. 239 - LETTING NO. 9
Mayor Ackland called the hearing to order at 8:20 P.M. and read Publi-
cation No. 3841.
No one was present to be heard on Projects No. 88-18, 88-22 and 88-23.
The following all opposed Project No. 88-24: LeRoy Hiavka, 925 Ludtke
Lane; Mike Woods, 910 Golf Course Road; George Gewerth, 955 Ludtke
Lane; Gene & Audrey Cox, 920 Golf Course Road; and Richard Krueger, 935
Ludtke Lane.
Alderman Torgerson moved to close the hearing at 8:25 P.M. Motion sec-
onded by Alderman Mlinar and unanimously carried.
Alderman Torgerson moved to adopt AssessmenL Roil No. 239, with the de-
letion of Project No, 88-24, to award the contract to Juul Contracting
Co, for $128,215.20, and to waive readings and adopt Resolutions No.
8764 and No. 8769. Motion seconded by Alderman Mikulecky and unani-
mously carried.
0
00
CITY COUNCIL MINUTES - APRIL 26, 1988
Y
(d) ASSESSMENT ROLL NO. 240 - LETTING 10. 10
Mayor Ackland called the hearing to order at 8:25 P.M. and read Publi-
cation No. 3842.
No one was present to be heard regarding Projects No. 88-20 and No.
88-21. Alderman Torgerson moved to close the hearing at 8:27 P.M.
Motion seconded by Alderman Mlinar and unanimously carried.
Alderman Torgerson moved to approve and adopt Assessment Roll No. 240,
to award the contract to Juul Contracting Co. for 8308,420.55, and to
waive readings and adopt Resolutions No. 8765 and No. 8770. Motion
seconded by Alderman Mikulecky and unanimously carried.
(e) ASSESSMENT ROLL NO. 241 - LETTING NO. 8
Mayor Ackland called the hearing to order at 8:28 P.M. and read Publi-
cation No. 3843.
No one was present to be heard. Alderman Torgerson moved to close the
hearing at 8:29 P.M. Motion seconded by Alderman Mikulecky and unani-
mously carried.
• Alderman Torgerson moved to approve and adopt Assessment Roll No. 241,
to award the contract to Juul Contracting Co. for 563,396.85, and to
waive readings and adopt Resolutions No. 8766 and No. 8768. Motion
seconded by Alderman Mikulecky and unanimously carried.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF REQUEST BY BASEBALL ASSOCIATION FOR GRANDSTAND
PROPOSAL AT VETERANS MEMORIAL FIELD
Mr. Lee Cox represented the Hutchinson Baseball Association and re-
quested approval of plans for a three -section grandstand to be erected
at Veterans Memorial baseball field at a cost of $20,644 and a roof at
$6,000. It was also requested that City employees assist with the
erection of the grandstand to reduce the Association's costs.
Following discussion, Alderman Mlinar moved to approve the proposal and
to authorize the Park & Recreation Director to make the arrangements
for help of employees to install the grandstand. Motion seconded by
Alderman Torgerson and unanimously carried.
(b) CONSIDERATION OF REQUEST BY BROWN'S GREENHOUSE FOR TWO TEMPORARY SIGNS
Following discussion, Alderman. Mikulecky moved to approve the signs.
. Motion seconded by Alderman Torgerson and unanimously carried.
3
CITY COUNCIL MINUTES - APRIL 2C, 1988
(c) CONSIDERATION OF REQUEST BY CITY ENGINEER FOR SPECIAL CITY COUNCIL
MEETING ON MAY 5, 1988 FOR SETTING ASSESSMENT HEARINGS FOR THREE
PROJECT LETTINGS
The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky,
to approve a special City Council meeting for May 5, 1988 at 5:30 P.M.
Motion unanimously carried.
(d) CONSIDERATION OF REQUEST TO SET UP FOOD CONCESSION TRAILER ON JUNE 21
FOR WATER CARNIVAL
Following discussion, Alderman Torgerson moved to approve the request.
Motion seconded by Alderman Mikulecky and unanimously carried.
(e) DISCUSSION OF BITUMINOUS SURFACING ON WALLER DRIVE REQUESTED BY
FLOYD HOEL
Mr. Floyd Hoel expressed concern that the Waller Drive surfacing proj-
ect was not going to be done in 1988. In 1986 he purchased property on
this street, and he was told by the City Engineer that the base work
would be done in 1986 and the hard surface road would be done in 1987.
There was an error in the construction of the street in 1986 and only
two foot of gravel, curb and gutter was done so it would not run down
onto Bluff Street. At this point the project work stopped, and nothing •
else was done. The property owners hired Jim Hanson to put in curb and
gutter. Mr. Hoel commented on the petition submitted April 4, 1988 and
questioned if there was a misunderstanding regarding the poor condition
of the street. He stated that the apartment units he manages cannot be
competitive with other units in the area when Waller Drive is not kept
up. Mr. Hoel requested that the blacktop project not be delayed. He
asked if a layer could be put on to eliminate the mud and dust.
Mayor Ackland stated the concern was digging up a paved street to put
in a storm sewer in the near future. Additional engineering fees would
be involved.
Engineer Anderson suggested putting on an initial layer of blacktop and
the final layer next year. The north third of Waller Drive would be
affected by the proposed storm sewer.
Mr. Mark Guggemos, 626 Waller Drive, commented that he built his house
in 1981, and he was the only one on the road who cared if there was a
permanent surface. He was told that in two or three years a road would
be put in, but the project always seems to be put on the back burner.
Mr. Sidney Grams, 56 Selchow Avenue, reported he owned the unit on the
north end. He asked if the City could put a dust coat on for a year to
control the dust. Xr. Grams inquired how close the street would come
to his property line. .
4
CITY COUNCIL MINUTES - APRIL 26, 1988
Following discussion, Alderman Torgerson moved to direct the Engineer-
ing Department to set a public hearing for May 10, 1988 at 8:00 P.M.,
to prepare a report on improvement project No. 88-31 for two-thirds of
Waller Drive, and to waive reading and adopt Resolution No. 8778. Mo-
tion seconded by Alderman Mlinar and unanimously carried.
7. RESOLUTIONS AND
(a) RESOLUTION NO. 8762 - RESOLUTION FOR PURCHASE
Alderman Torgerson moved to waive reading and adopt Resolution No.
8762. Motion seconded by Alderman Mlinar and unanimously carried.
(b) ORDINANCE NO. 8/83 - AN ORDINANCE ESTABLISHING A SET-UP LICENSE
Alderman Torgerson moved to defer to next meeting. Motion seconded by
Alderman Mikulecky and unanimously carried.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF PROJECT NO. 88-30 - FLORIDA STREET IMPROVEMENT
(DEFERRED APRIL 12, 1988)
It was reported that a public hearing was held at the last Council
40 meeting, and the majority of the property owners were opposed to the
project. The suggestion was made to widen the road to 60 feet, and an
alternative would be to gravel the road.
Following discussion, Alderman Torgerson directed the City Engineer and
City Attorney to obtain easements for the improved street. Motion sec-
onded by Alderman Mlinar and unanimously carried.
(b) CONSIDERATION OF REPORT ON LETTING NO. 3, PROJECT NO. 88-17
(THIRD AVENUE NORTHWEST IMPROVEMENT) (DEFERRED APRIL 12, 1988)
The motion was made by Alderman Torgerson, seconded by Alderman Miku-
lecky, to defer to May 10, 1988. Motion unanimously carried.
(c) DISCUSSION OF ASSESSING PREVIOUS STORM SEWER COSTS TO TWIN OAKS
SUBDIVISION (DEFERRED APRIL 12, 1988)
Following discussion, Alderman Torgerson moved to set a public hearing
for May 24, 1988 at 8:00 P.M. Motion seconded by Alderman Mlinar and
unanimously carried.
(d) CONSIDERATION OF PURCHASING NEW RADIO FOR REFURBISHED WARD -LA FRANCE
PUMPER (DEFERRED APRIL 12, 1988)
• The motion was made by Alderman Mikulecky, seconded by Alderman Torger-
son, to approve the purchase. Motion unanimously carried.
5
CITY COUNCIL MINUTES - APRIL 26, 1988
0
(e) CONSIDERATION OF CUSTODIAL SERVICES AT NEW POLICE STATION
(DEFERRED APRIL 12, 1988)
Following discussion, Alderman Mikulecky moved to reject as proposed.
Motion seconded by Alderman Mlinar and unanimously carried.
The motion was made by Alderman Torgerson, seconded by Alderman Miku-
lecky, to readvertise to fill a part-time position for City Hall. Mo-
tion unanimously carried.
(f) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY JEFF MUNSELL FOR
CAR WASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
(DEFERRED MARCH 22, 1988)
Following discussion, Alderman Torgerson recommended approval of the
conditional use permit and to waive reading and adopt Resolution No.
8729. Motion seconded by Alderman Mlinar and unanimously carried.
9. NEW BUSINESS
(a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS
Alderman Torgerson moved to discontinue service at noon on May 2 unless
other arrangements had been made. Motion seconded by Alderman Miku-
lecky and unanimously carried.
(b) CONSIDERATION OF CALCIUM CHLORIDE TREATMENT ON LES KOUBA PARKWAY FOR
DUST CONTROL (REQUESTED BY ALDERMAN PAT MIKULECKY)
Following discussion, Alderman Mlinar moved to approve. Motion sec-
onded by Alderman Mikulecky and unanimously carried.
(c) CONSIDERATION OF COMPENSATION TO ALLIED MECHANICAL SYSTEMS FOR ERROR
IN POLICE STATION BID AND CHANGE ORDER FOR DUCTWORK IN GARAGE
Following discussion, Alderman Torgerson moved to approve payment of
53,775 to Allied Mechanical due to the error in bidding. Notion sec-
onded by Alderman Mlinar and unanimously carried.
Mr. Clint Knorr of Allied Mechanical Systems reviewed the ductwork
problems in the police station garage.
Alderman Mlinar moved to approve the $1,248 for ductwork in the garage.
Notion seconded by Alderman Torgerson and unanimously carried.
Alderman Mlinar moved to approve the $3,696 for attic ductwork changes.
Motion seconded by Alderman Mikulecky and unanimously carried.
Alderman Mlinar moved to approve the 51,324 for fire protection. Mo- .
tion seconded by Alderman Torgerson and unanimously carried.
6
CITY COUNCIL MINUTES - APRIL 26, 1988
Mr. Knorr made an offer that Allied Mechanical would accept 80% of the
approved payment to show appreciation. After discussion, it was the
consensus of the Council and Mr. Knorr that the change order ductwork
in the garage would be done for gratis by Allied Mechanical.
(d) REVIEW OF BOND ISSUE COSTS
Alderman Mlinar moved to defer to May 10, 1988 meeting. Motion sec-
onded by Alderman Mikulecky and carried three to one, with Aldermen
Mlinar, Mikulecky and Mayor Ackland voting aye and Alderman Torgerson
voting nay.
(e) CONSIDERATION OF AWARDING BID FOR RENTAL OF CITY -OWNED FARM LAND
It was reported that no bids were received. Also, the County had in-
formed the City they would be taxed $20 per acre if the land was rented
out.
Mr. Bob Billiet, a representative of Pheasants Forever, requested their
organization be allowed to use the land for a wildlife habitat. It was
the consensus of the Council to work with the organization.
RECESS: The City Council adjourned at 11:50 P.M. for a 10 -minute recess.
• (f) CONSIDERATION OF APPROVAL OF TREATING DRINKING WATER FOR CORROSION
PROBLEM
Following discussion, Alderman Mlinar moved to approve. Motion sec-
onded by Alderman Mikulecky and unanimously carried.
(g) CONSIDERATION OF PURCHASE OF ELECTION VOTING EQUIPMENT
Finance Director Merrill reviewed the voting machine recommendations.
He stated the City would advertise for bids on the new equipment.
Following discussion, Alderman Torgerson moved to approve the purchase
of five optical scan voting machines. Motion seconded by Alderman Mik-
ulecky and unanimously carried.
(h) CONSIDERATION OF INSPECTION OF NORTHWEST WATER TOWER DURING PAINTING
Following discussion, Alderman Torgerson moved to approve. Motion sec-
onded by Alderman Mlinar and unanimously carried.
(i) CONSIDERATION OF LIFESPAN AFFILIATION
Following discussion, Alderman Mlinar moved to approve the affiliation.
Motion seconded by Alderman Torgerson and unanimously carried.
• (j) CONSIDERATION OF PURCHASE OF DASSEL MEDICAL CLINIC ASSETS BY HUTCHINSON
COMMUNITY HOSPITAL
CITY COUNCIL MINUTES - APRIL 26, 1988
Following discussion, Alderman Mlinar moved to approve the purchase.
Motion seconded by Alderman Torgerson and unanimously carried.
(k) CONSIDERATION OF LAND RATHER THAN FEES FOR PARK CONTRIBUTION ALONG
SCHOOL ROAD (REQUESTED BY MAYOR PAUL L. ACKLAND)
Mayor Ackland reported the Park Board wished to have a neighborhood
park in the area of School Road and California Street since there were
no parks between Glen and Connecticut Street. Also, no park contribu-
tion had been made for this parcel of property when it was platted.
Atty. John Lubitz was oppoed to the parkland contribution and felt it
should have been done at the time of development. He stated he had not
received Atty. Anderson's letter dated April 22, 1988 regarding this
issue; therefore, he was unaware the matter would be addressed. He
further pointed out there were no conditions placed on the zoning for
this land.
Atty. Anderson expressed some concerns about the timing of this re-
quest and stated that parkland dedication should be done at the time
of the subdivision. He thought it would be difficult at this point to
require a 10% land contribution, and there could be some legal ramifi-
cations for unconstitutional taking of park land. However, he was not •
in a position to give an opinion at this time. The former developer
did not follow through on his proposed F.U.D.
Following discussion, Alderman Torgerson moved to approve the project
to comply with the development next to R -i, including all park and
playground requirements which apply. Motion seconded by Alderman
Mlinar. The motion was amended by Alderman Mikulecky to take 10% of
the land on the west end of the property. Amended motion seconded by
Alderman Torgerson and unanimously carried. The main motion carried
unanimously.
(1) CONSIDERATION OF RELEASE OF GENERAL FUND CAPITAL EXPENDITURE FOR 1988
Alderman Mikulecky moved to defer to the next meeting for a breakdown
report from the Finance Director showing how the excess funds were
received. Motion seconded by Alderman Mlinar and unanimously carried.
(m) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY SCOTT HOGREFE
WITH FAVORABLE RECOMMENDATION OF PPLANNING COMMISSION
Following discussion, Alderman Mikulecky moved to approve the condi-
tional use permit and to waive reading and adopt Resolution No. 8771.
Motion seconded by Alderman Mlinar and unanimously carried.
(n) CONSIDERATION OF VARIANCE SUBMITTED BY SCOTT HOGREFE WITH UNFAVORABLE
RECOMMENDATION OF PLANNING COMMISSION •
Following discussion, Alderman Mikulecky moved to reject the variance
0
CITY COUNCIL MINUTES - APRIL 26, 1988
based on the Planning Commission's recommendation that there was no
hardship. Motion seconded by Alderman Mlinar and unanimously carried.
(o) CONSIDERATION OF REZONING FROM R-2 TO R-3 SUBMITTED BY CITY STAFF WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Torgerson moved to approve the rezoning
and to waive first reading of Ordinance No. 10/88 and set second read-
ing for May 10, 1988. Motion seconded by Alderman Mlinar and carried
unanimously.
(p) CONSIDERATION OF VARIANCE SUBMITTED BY JERRY EGGERT WITH UNFAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Mlinar moved that the variance be denied
on the basis of lack of hardship. Motion seconded by Alderman Torger-
son and unanimously carried.
(q) CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE 4466 REQUESTED BY
PARR BOARD WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Alderman Mlinar moved to defer until May 10, 1988 meeting. Motion sec-
onded by Alderman Torgerson and unanimously carried.
(r) CONSIDERATION OF REZONING REQUEST FROM R-2 TO R-3 SUBMITTED BY DEFOREST
WAGNER WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Alderman Mlinar moved to reject the rezoning based on the unfavorable
recommendation of the Planning Commission to comply with the Comprehen-
sive Plan. Motion seconded by Alderman Torgerson and unanimously car-
ried.
(s) CONSIDERATION OF VARIANCE SUBMITTED BY EVERETT HANTGE WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Mikulecky moved to approve the variance
and waive reading and adopt Resolution No. 8772. Motion seconded by
Alderman Mlinar and unanimously carried.
(t) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY EVERETT HANTGE
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Mikulecky moved to approve the condi-
tional use permit and to waive reading and adopt Resolution No. 8773.
Motion unanimously carried.
(u) CONSIDERATION OF VARIANCE SUBMITTED BY JAMES GAGNON WITH UNFAVORABLE
RECOMMENDATION OF PLANNING COMMISSSION
• Mr, James Gagnon presented a proposal of a garage addition on his prop-
erty and submitted a petition signed by six neighbors who supported his
X
CITY COUNCIL MINUTES - APRIL 26, 1988
plan.
It was pointed out that the Planning Commission rejected the variance
based on a lack of hardship. Following discussion, Alderman Mikulecky
moved to approve the variance and to waive reading and adopt Resolution
No. 8776. Motion seconded by Alderman Torgerson and unanimously car-
ried.
(v) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY JAMES GAGNON WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Mikulecky moved to approve the condi-
tional use permit and to waive reading and adopt Resolution No. 8774.
Motion seconded by Alderman Mlinar and unanimously carried.
(w) CONSIDERATION OF AMENDING SITE PLAN AT SCHOOL ROAD AND GOLF COURSE ROAD
SUBMITTED BY TERRY MICR WITH UNFAVORABLE RECOl'MENDATION OF PLANNING
COMMISSION
Mayor Ackland stated the question was whether the developer was meeting
all the requirements for R-3 zoning. The City was looking at long-term
interests of the residents in the area since increased density was in-
volved.
Mr. Frank Fay, 970 Rolling Green Lane, stated he represented the Home- •
owners' Association which was concerned about the increased density in
the area and the safety of the neighborhood children. He had been told
by Larry Bethke that the development from the corner on would be town-
houses. The Association was opposed to the proposed development.
Atty. Lubitz asked if the developer would be issued a building permit
if he net the zoning requirements. No definite answer was given.
No action was taken on the site plan. (See agenda item 9-k)
(x) CONSIDERATION OF RESUBMITTAL OF SITE PLAN FOR MUNSELL CAR WASH WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion regarding an easement, Alderman Mikulecky moved to
approve the site plan subject to staff recommendations No. 1-7 in the
April 7, 1988 memorandum addressed to the Planning Commission. Notion
seconded by Alderman Torgerson and unanimously carried.
(y) CONSIDERATION OF LOT SPLIT ON BLUFF STREET SUBMITTED BY GENE BROWN WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Mikulecky moved to approve the lot
split, contingent upon removal of the non -conforming house. Motion
seconded by Alderman Mlinar and unanimously carried. •
10
t�
CITY COUNCIL MINUTES - APRIL 26, 1988
(z) CONSIDERATION OF PRELIMINARY PLAT OF WOODVIEW ACRES SECOND ADDITION
SUBMITTED BY JOEL VINKEMEIER (TWO MILE RADIUS) WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Mikulecky moved to refer the preliminary
plat to the County with no objection provided the 40' drainage easement
was platted utility as well as drainage. Notion seconded by Alderman
Nlinar and unanimously carried.
(aa) CONSIDERATION OF SKETCH PLAN SUBMITTED BY BOB BILLIET (TWO MILE RADIUS)
WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Mikulecky moved to refer to the County
with no objection. Motion seconded by Alderman Mlinar and unanimously
carried.
(bb) CONSIDERATION OF LOT SPLIT SUBMITTED BY JIM HANSON ON LOT 3 BETKER'S
ADDITION WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Mikulecky moved to approve the lot
split. Motion seconded by Alderman Mlinar and unanimously carried.
(cc) CONSIDERATION OF FINAL PLAT OF SIEMSON ESTATES SUBMITTED BY ROGER
• SIEMSON (TWO MILE RADIUS) WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Following discussion, Alderman Mikulecky moved to refer to the County
with no objection. Notion seconded by Alderman Mlinar and unanimously
carried.
(dd) CONSIDERATION OF FINAL PLAT OF MCCLURE'S SECOND ADDITION WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION
Engineer Anderson reviewed the background information pertaining to the
issue of a 35' easement inside Lot l of McClure's Second Addition,
There was no record of a signed easement or a recorded document for the
storm sewer installed in 1978 on the McClure property.
Mr. Jim McClure stated the property owner(s) were requesting $3,000 as
monetary reimbursement by the City for the 35' easement.
Following discussion, Alderman Torgerson moved to approve the final
plat of McClure's Second Addition and to waive reading and adopt Reso-
lution No. 8777. Motion seconded by Alderman Mlinar and unanimously
carried.
(ee) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS SUBMITTED BY GOEBEL
FIXTURE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION
Following discussion, Alderman Nikulecky moved to approve referral to
the Minnesota Municipal Board and to waive reading and adopt Resolu-
11
CITY COUNCIL MINUTES - APRIL 26, 1988
0
tion No. 8775. Motion seconded by Alderman Torgerson and unanimously
carried.
(ff) CONSIDERATION OF SUBDIVISION AGREEMENT FOR RCCLURE'S SECOND ADDITION
Following discussion, Alderman Torgerson moved to compensate the
McClure's $3,000 for an easement on their property. Motion seconded by
Alderman Mlinar and unanimously carried.
Alderman Torgerson moved to direct the Engineering Department to take
care of the storm sewer and appurtenances. Motion seconded by Alder-
man Mlinar and unanimously carried.
Alderman Torgerson moved to approve the subdivision agreement for
McClure's Second Addition. Motion seconded by Alderman Mlinar and
unanimously carried.
Alderman Torgerson moved to maintain the present policy on interest
which the City has adopted. Motion seconded by Alderman Mlinar and
unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR 40
City Administrator Plotz reported there would be a joint meeting of the
Central Prairie Railway Association and McLeod Regional Rail Authority
on May 3 at 11:30 A.M. to discuss buy-out of the Dakota Rail.
(b) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND
Mayor Ackland reported that Representative Steve Dille had informed him
the City of Hutchinson had received additional funding for the new
wastewater treatment plant.
The Council members and affected staff were reminded of the simulated
disaster program scheduled for Thursday night, April 27.
(c) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson requested the Council to go on record in support of
the action the County Board took at their April 10 meeting to withhold
payment of $19,000 for the Judicial District.
Alderman Mlinar moved to go on record supporting the County Board and
their action taken. Motion seconded by Alderman Torgerson and carried
unanimously.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
12
•
0
CITY COU&CIL MINUTES - APRIL 26, 1988
The motion was made by Alderman Torgerson, seconded by Alderman Miinar,
to approve and authorize payment from the appropriate funds. Motion
unanimously carried.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 1:17 A.M.
13
is
0
MINUTES
BID OPENING
FRIDAY, APRIL 29, 1988
City Administrator Gary D. Plotz called the bid opening to order at 2:00 P.M.
Also present was Administrative Secretary Marilyn Swanson.
The reading of Publication No. 3826, invitation for Bids, Letting No. 5, was
dispensed with. The following bids were opened and read:
Wm. Mueller & Sons, Inc.
Hamburg, MN $149,718.10
Duininck Bros., Inc.
Prinsburg, MN 128,625.05
The reading of Publication No. 3827, Invitation for Bids, Letting No. 6, was
dispensed with. The following bids were opened and read:
+'m. Mueller & Sons, Inc.
Hamburg, MN 5141,352.25
Duininck Bros., Inc.
Prinsburg, MN 129,187.50
The reading of Publication No. 3828, Invitation for Bids, Letting No. 7 was
dispensed with. The following bids were opened and read:
Wm. Mueller & Sons, Inc.
Hamburg, MN $344,160.30
Duininck Bros., Inc.
Prinsburg, MN 330,280.80
Frogressive Contractors, inc.
Osseo, MN 389,079.35
The bids were referred to the Engineering Department for review and a recommen-
dation.
The meeting adjourned at 2:12 P.M.
0
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REPORT OF BUILDING OR
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ZONING PERMITS ISSUED
AND LOCAL PUBLIC
CONSTRUCTION
103500 27 a 9999 Gas 1 0
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JAMES PARKA OLB6 OFFICIAL
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(301) 763-7244.
NEW RESIDENTIAL
PRIVATELY OWNED
PUBLICLY OWNED
HOUSEKEEPING
Numw
of
VaWtlon of
NumMrolVeWtlonMBYILDINGB
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OWskge
Housing
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tAowings Housing
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(Count each unit As a asoerata buildingi
102
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103
1
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127,458
Tare► and four -family buildings
104
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1n
1
36
896,896
TOTAL - Sun, of 101-105
109
8
44
1,510,108
NEW RESIDENTIAL
PRIVATELY
OWNED
PUNLICLYOWNED
NONHOUSEKEEPING
and
Number of
Vduodon of
Number of
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No.�
BUILDINGS
construction
Rooms
BWMNge Roams
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141
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213
Other noniousekesping tinter
214
NEW
PRIVATELY OWNED
PUSLICLYOWNED
NONRESIDENTIAL
BUILDINGS
hom
Number Valuation of
Number Valuation of
No.
of construction
of construction
buildings Orrdt co m
buildings Orm term
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MO (cl
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318
Churches and othar r " opus
319
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industrial
320
Parking garages 1buildings and open decked)
321
Service stations and repak garage
322
Hosortsla and kutnuw"
323
Office. banks, and Professional
224
Public works and utilities
325
Schools and other Nucational
326
Stores end custom, services
327
_ -
Other nomrosidenual bulldogs
328
[ructwes other than bu' - e
329
ADDITIONS,
PRIVATELY OWNED
PUBLICLY OWNED
Number Valuation of
Number Valuation of
ALTERATIONS, AND
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term
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of commuction
of cpnstruction
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434
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437
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11
BURNS MANOR MUNICIPAL NURSING HOME
Minutes - March - 1988
The Board of Directors for Burns Manor Municipal Nursing Home met
Tuesday, March 29, 1988 at 5:30 P.M. in the Basement Meeting Area. President
Larry Graf presiding.
Members present: Larry Graf Mavis Geier
Ancher Nelsen David Jensen
Gloria Dansereau Jim Mills
Marge Putney Kay Peterson
Members absent: Pat Mikuleckey
Guest: Jane Hodgins - Hutchinson Leader
Burns Manor board meeting was called to order by President Larry Graf.
MINUTES OF PAST MEETING
A motion was made by Gloria Dansereau to approve minutes and seconded by
Jim Mills. All in favor. Motion carried.
APPROVAL OF BILLS
Motion by Ancher Nelsen to approve bills in the amount of $52,298.65 and
seconded by Gloria Dansereau. All in favor. Motion carried.
FINANCIAL REPORT
Financial Report by David Jensen, financial advisor.
OLD BUSINESS
A. Memorial Committee: Ancher Nelsen reported on the meeting of the
Foundation Committee.
B. Case #1345: Property was to have been sold. Burns Manor will not receive
payment until May or later.
C. Case #1390: He has made partial payment of his bill.
D. Job Descriptions: Job descriptions of the Administrator and the Director
of Social and Administrative Services were given to the board by Larry Graf, president
of the board. These were read and discussed. Motion by Kay Peterson that additional
information be requested from the -State of Minnesota Department of Social Services
and an area nursing service department. Salary range will also be requested.
Seconded by Jim Mills. All in favor. Motion carried
E. State of Minnesota Inspection: State of Minnesota Department of Health
inspection team were at Burns Manor to check productive nursing hours for case-mix__
class weight. A letter from the state was received later in the month that Burns
Manor was in compliance.
F. Reimbursement: Letters were written by the administrator to key House
members of the legislature concerning inadequate reimbursement to nursing homes and
the problems it was creating for Burns Manor.
I/ -a(.4
March Minutes
Page 2
NEW BUSINESS
A. Election of Officers: Motion by Jim Mills to nominate -Larry Graf for
President. Seconded by Ancher Nelsen. All in favor. Motion carried.
B. Motion by Jim Mills to nominate Gloria Dansereau for Vice President. Seconded
by Ancher Nelsen. All in favor. Motion carried.
C. Board Members: Burns Manor board members from outside the Hutchinson
city limits was discussed. Motion by Ancher Nelsen to expand board members to
include people from out of the city limits. Motion died for lack of a second.
D. Lawsuit - Tom Hinde: President Larry Graf closed the meeting to the press
to read a letter from the attorney representing Burns Manor regarding the Tom Hinde
lawsuit of 1985. Larry Graf cited the attorney-client privilege for closing the
meeting. The letter from the attorney was--read.--
President Larry Graf adjourned the meeting.
The Burns Manor Board of Directors will meet Tuesday, April 26, 1988 at 5:30 P.M.
in the Annex Day Room.
Respectfully submitted:
avi's J.eiet/, secretary
ATTEST:
Larry brat, Preside -AT
BURNS MANOR BOARD OF DIRECTORS SPECIAL MEETING
Minutes - March - 1988
The Board of Directors for Burns Manor Municipal Nursing Home met Thursday,
March 31, 1988 at 5:10 P.M. in the Annex Day Room. President Larry Graf
presiding.
Members present: Larry Graf Mavis Geier
Ancher Nelsen David Jensen
Gloria Dansereau Jim Mills
Pat Miluleckey Marge Putney
Kay Peterson
Members absent: None
Guests: Jane Hodgins - Hutchinson Leader
Jim Monk - KDUZ
Barry Anderson - Attorney
Burns Manor board meeting was called -to order by President Larry Graf.
FINANCES
Discussion of possible steps to reduce expenditures.
A. Close a wing
B. Reduction of employee hours
CMotion by Ancher Nelsen and seconded by Gloria Dansereau to request a loan from the
City of Hutchinson. All in favor. Motion carried.
City attorney Barry Anderson discussed closed meetings. He advised the board to have
an attorney present or participating by means of a telephone conference call. Board
members may discuss an issue if a quorum of board members do not meet.
INSURANCE
Barry Anderson discussed insurance coverage during the Tom Hinde lawsuit. The
Minneapolis Insurance Guarantee Company will cover claims in the lawsuit.
EMPLOYEE
An employee will repay the money she has taken from employees and residents.
The police department has worked with Burns Manor personnel to apprehend the theft.
Motion by Jim Mills to adjourn was seconded by Kay Peterson. All in favor.
Motion carried.
The Burns Manor Board of Directors will meet Tuesday, April 26, 1988 at 5:30 P.M.
in the Annex Day Room.
( Re Pettfully submittw.l
ATTEST: Mav s J. be,"etre ary )
Larry Graf, President ��/
INC,
OPEI
91124
NET
0TH
INT
NET
0
BURNS MANOR MUNICIPAL NURSING HOME
REPORT OF EARNINGS AND EXPENSES
MEMO
Bond Payment Due by December 31st
Accounts Receivable
100,000.00
122,125.48
-0-
154,960.85
March 1987
March 1988
1987 thru
Mar. 31st
1988 thru
Mar. 31st
)ME FROM RESIDENTS (NET)...........
RATING EXPENSES:
4dministration & General...........
Maintenance & Operations...........
)ietary ............................
_aundry & Linen ....................
iousekeeping .......................
cursing Services ...................
)ther Services .....................
TOTAL OPERATING EXPENSES.........
RATING INCOME BEFORE DEPRECIATION..
)epreciation .......................
OPERATING INCOME ..................
ER INCOME ..........................
Sub -Total ..........................
EREST & BOND EXPENSES ..............
GAIN or (LOSS) ....................
163,619.06
159,940.28
510,506.89
489,980.35
36,840.91
36,938.24
96,722.40
108,169.49
13,726.85
16,628.58
48,179.15
55,795.83
21,414.54
24,602.07
70,995.89
77112-8,17
8,358.74
7,641.26
23,863.08
23,102.65
10,722.53
10,614.19
31,102.23
31,953.
78,460.86
84,015.25
232,070.25
253,230.16
3,841.19
5,078.23
12,447.26
15 830.70
173,365.62
185,517.82
515,380.26
565,210.65
(9,746.56)
(25,577.54)
(4,873.37)
(75 230.30
4,503.00
4,413.00
13,509.00
13,239.00
(14,249.56)
(29,990.54)
(18,382.37)
88 469.30
1,452.92
3,358.77
4,985.94
5,779.07
(12,796.64)
(26,631.77)
13,396.43
82 690.23
391.67
1 -0-
1 1,175.01.
-0-
(13,188.31)
(26,631.77
14 571.44
82 690.23
MEMO
Bond Payment Due by December 31st
Accounts Receivable
100,000.00
122,125.48
-0-
154,960.85
HUTCHINSON POLICE CIVIL SERVICE COMMISSION MEETING _
AGENDA: 1. Reviewing the Eligibility Roster.
2. Discuss the possibility of updating the Police Civil
Service Commission rules 8 regulations.
The Police Commission met at 12:15 p.m. on 4-26-88 in the Conference
Room of the New Police Building. Members present were Dr. Robert Prochnow_and
Jeff Haag. Steve Madson was also in attendance.
A discussion took place on the purpose of the Eligibility Roster and
what it does for the Police Commission. Reasons for updating (patrolmen,
dispatch, secretarial, custodial etc.). Tests and development of same (POST).
What tests does the Commission have at the present time and the validity of
same. The Commission directed Steve Madson to check into what tests are
available, set a testing date and establish a roster. Also establish
appointment policy on non -licensed personnel.
Discussed the procedure in hiring of personnel (non -patrol personnel
are not covered in the eligibility roster), the city's involvement and
consistency of operation.
Steve Madson informed the Commission that he will be working on Policy
Development. Namely, classification of employees, changes in job descriptions,
development of a disciplinary policy and guidelines, physical fitness program,
etc.
Also discussed was SARA Title III and its affect regarding the Police
Department.
The meeting was adjourned at 1:15 p.m. %
Jeff bliv Secretary
HUTCHINSON COMMUNITY HOSPITAL
REGULAR BOARD OF DIRECTORS MEETING - March 15, 1988
Large Conference Room - 5:42 PM
Present: Mike Carls, President; Bob Durfee, Vice President; Diane
Gilmer, Secretary; Rev. Thor Skeie, Trustee; Rich Myers,
Trustee; Dr. Robert Hegrenes, Chief of Medical Staff
Absent: Dori Johnson, Trustee (excused)
Others Present: Philip G. Graves, Administrator; Jane Lien, Director of
Nursing Services; Frank Seivert, Director of Finance; Jane
Hodgins, Hutchinson Leader; La Mae Maiers, Recording Secretary
The meeting was called to order at 5:42 PM by President Mike Carls.
Minutes of Past Meetings. The minutes of the February 16, 1988, meetings
were presented. Following discussion:
Motion was made by Skeie, seconded by Gilmer, to approve the minutes
of both the McLeod County Commissioners' and the regular board of
directors' meeting of February 16, 1988, as presented.
Medical Staff Meeting Minutes. Dr. Hegrenes presented the medical staff
meeting minutes for March, 1988. No unusual comments were made regarding
the minutes.
New Business
A. Personal Computer Purchases. Seivert presented a capital expenditure
request to purchase three (3) IBM PS -2 Model 30 Personal Computers
(PC's) for outpatient scheduling, rehab and the operating room for a
total cost of $9,790.
With the purchase of the computer, it would allow HCH to have an
automated, centralized scheduling area facilitating a smoother
process for patients needing services at the hospital. The system
would interface to the main hospital computer system and possibly to
the HMC system.
The system would permit the new Rehab secretary to perform word
processing for the Rehab Department, charting the progress and
assessment reports on Rehab patients and permit back-up to the new
outpatient scheduling process.
The word processing capabilities._would-.also be -used. for various ---
functions in the Operating Room, Anesthesia,infection Control and
other departments by making the system mobile for this area.
4--d-• (4)
Regular Board Meeting - 3/15/88
Page Two
(A) Following discussion:
Motion was made by Myers, seconded by Durfee, to approve the
procurement of three (3) IBM PS -2 Model 30 Personal Computers -
for Hutchinson Community Hospital. All were in favor. Motion
carried.
B. Depreciation Fund Designation. Seivert addressed the issue of
Medicare reimbursement as it effects the depreciation fund. He
proposed a resolution directing HCH to create a "paper transfer" of
$750,000 to the hospital's funded depreciation account. Because
Medicare is still reimbursing for capital costs on a pass through
basis, it benefits the hospital to shelter as much interest income as
is permitted. Medicare further permits deposits in the funded
depreciation account to be at the -accumulated --depreciation level
before the interest earnings have to be offset. These deposits must
remain in the funded depreciation account for at -least six months to
consider the transaction valid. The hospital -can also borrow working
capital from this account. Following discussion:
Motion was made by Durfee, seconded by Myers, to accept the
resolution that general operating funds in the amount of
$750,000 be invested in the Hospital's funded depreciation
account. All were in favor. Motion carried.
C. Section 125 Plan. Seivert presented for approval the necessary
documents in order to implement a "cafeteria benefits plan", allowing
employees to take advantage of pre-tax dollars under Section 125.
Following discussion:
Motion was made by Myers, seconded by Gilmer, to accept the
resolution establishing the Hutchinson Community Hospital
Flexible Benefit Plan, the Hutchinson Community Hospital
Healthcare, Reimbursement Plan, and the Hutchinson Community
Hospital Dependent Care Reimbursement Plan effective April 1,
1988. All were in favor. Motion carried.
Questions were posed to Graves and discussion held on the current
status of the following items:
1. LifeSpan. Graves stated that Lifespan representatives are still
meeting with the attorneys, but nothing has been finalized to
date; however, it is expected that--the-off-l.iation.agreemenS_wi.11
be completed in the near future.
UZ
0
i
•
Regular Board Meeting - 3/15/88
Page Three
2. The Acquisition of the Buffalo Lake 3 Oassel Clinics. Graves
stated that there are currently two options being considered
regarding the purchasing and management of these two clinics. The
first option would be to have the clinics operated with the
management assistance of LifeSpan thereby becoming LSI Clinics
(with LSI employing Dr. Dan Huebert and his employee at the
Buffalo Lake Clinic). LifeSpan would charge a management fee
based on the clinics' revenue. The second option would be to set
up a private, non-profit, taxable entity becoming a subcorporation
of the City of Hutchinson.
It is anticipated that the agreement with Buffalo Lake and Dr.
Huebert can be finalized by April 1, 1988. Also, discussions have
taken place with Dr. Joseph Houts for the purchase of the Dassel
Clinic. A three year proforma is currently -being- done - on -the ---
Dassel practice. Graves informed the Board that it may be
necessary to call an ad hoc committee meeting regarding the Dassel
Clinic within the next two weeks.
3. OB/GYN. Hegrenes informed the Board that an OB/GYN will be
joining the Medical Center staff by June 1, 1988. The doctor that
has been asked to join the staff at the Medical Center has been
highly recommended and is well respected in his field.
4. HMO/PPO Contract Negotiations. Graves requested authority to
negotiate and sign new HMO/PPO contracts. Graves stated that
until the Principles of Affiliation are signed with LifeSpan,
these contracts cannot be negotiated with their assistance.
Following discussion:
Motion was made by Skeie, seconded by Myers, to grant the
Administrator, Philip G. Graves, the authority to negotiate
and sign all HMO/PPO contracts on behalf of the hospital.
All were in favor. Motion carried.
S. Laser Eauioment. Graves informed the Board that next month
information on the Yag and CO2 Lasers would be presented. The
process of reviewing policy and procedures is -currently being—
done. Dr. Remucal was recently certified in laser surgery to
select and use equipment. Graves suggested that Dr. Remucal be
invited to attend next month's meeting to present the technique
and answer any questions the Board may have.
6. Budget. Following a brief discussion on the budget year-to-date,
Frank Seivert, Director of Finance; -informed the'Board that -lie
would make a ratio presentation at the, April meeting on the status
of the budget through the first quarter of 1988.
C '�
Regular Board Meeting - 3/15/88
Page Four
Statistical Report. The statistical report for February, 1988, was
presented. Admissions were up slightly from the previous month along with
average length of stay. Graves stated that we are trending towards
budget, but it is still too early to tell. OB and Surgery are doing well.
Accounts Pavable. Accounts payable for the month of February, 1988, were
presented. Following discussion:
Motion was made by Gilmer, seconded by Myers, to approve payment of
the attached listing of accounts payable in the amount of
$552,863.10. All were in favor. Motion carried.
Financial Statements. Operating income in February was approximately
$125,300 before funding for price level and working capital requirements.
Gross patient revenue increased about $78,000 over January. The month
overall was more positive and in line with our original 1988 budget
projections.
Auxiliary Meeting Minutes. The minutes of the February, 1988, meeting of
the HCH Auxiliary were presented. No unusual comments were made.
Patient Satisfaction Surveys. Surveys received since the last meeting
were reviewed by those present. No unusual comments were made.
Adjournment. The meeting was adjourned by President Carls at 6:49 PM.
Respectfully submitted,
La Mae J. Maiers Diane Gilmer
Recording Secretary Secretary
LJM
11
0
0
��l
0
6
HUTCHINSON COMMUNITY HOSPITAL
DASSEL & BUFFALO LAKE CLINIC AD HOC COMMITTEE MEETING
March 29, 1988
Small Conference Room - 7:05 AM
Committee Members Present: Bob Durfee, Diane Gilmer, Rev. Thor Skeie
Others Present: Philip G. Graves, Administrator; Frank Seivert, Director
of Finance; Dr. Carl Bretzke and Dr. Chris Remucal,
Hutchinson Medical Center; Kathy Whatley, Management
Practice Specialist for Lifespan; La Mae Maiers,
Recording Secretary
The Ad Hoc Committee meeting war called to order -by Chairman Bob Ourfee at
7:05 AM to discuss the purchase of the Dassel Clinic from Dr. Joseph Houts
and to review the current status of the Buffalo Lake Clinic Purchase.
Dassel Clinic. Graves informed the Committee that Belcourt wishes to
practice at the Dassel Clinic effective July 1, 1988, independent of the
Hutchinson Medical Center, with plans to purchase the Dassel practice in
the future. However, he does have concerns as to how he will finance the
purchase and has approached the Hutchinson Hospital for assistance. Three
proposals were presented to the committee by Frank Seivert, Director of
Finance, using the following costs: Building - $60,000; Equipment -
$7,000; Practice (charts) - $20,000; remodeling the present building -
$25,000; additional new equipment - $25,000. The total projected cost
would be $127,000.
Whatley presented a Revenue Assumption she had done on the Dassel Clinic
with input based on information from Dr. Belcourt. He plans to have
office hours five days per week, seven hours per day, and seeing up to 35
patients per day within 24 months after taking over the practice. The
average revenue per patient would be approximately $34.00 (allowing for a
8% to 10% discount for third party payors); hospital/nursing home revenue
would be about 8% of the net charges. Operating expenses would include
salary of at least one fulltime employee, payroll taxes, medical and
office supplies, utilities, marketing, accounting and legal fees,
maintenance and cleaning, malpractice insurance and medical
association/related dues.
In the scenario that Whatley presented she stated that the first three to
six months are traditionally slow months due to the transition period that
the practice would be going through even though Belcourt would have Houts'
patient base and support.
Ad Hoc Committee Meeting - 3/29/88
Page Two
Some concerned was expressed by members of the committee as to why a young
physician wishes to go "solo" at this point considering the high costs of
operating independently, medical insurance, and especially lower revenue
per patient due to third party payors. Bretzke indicated that the
Hutchinson Medical Center is very supportive of Belcourt's decision and he
is an aggressive individual, determined to make it on his own. Graves
echoed the comments of Dr. Bretzke; Graves and the Doctors feel that he
would do an excellent job in this family practice.
Graves stated that he told Belcourt that if HCH were to assist him at this
time by buying the practice and the assets and he were to staff the clinic
as an employee of LSI with management assistance from them, he would have
to agree to purchase the practice within three years from HCH at its
appraised value, not to exceed $127,000. Belcourt indicated that he did
not foresee this as a problem. -- - -.-.. -
Another proposal discussed was the probability of Dr. Belcourt purchasing
the clinic now as a sole practitioner and managing the clinic himself with
HCH loaning him the funds necessary to purchase the assets at this time.
Graves informed the committee that he has avoided talking to Belcourt
further about the various proposals until he had received definite
direction from them.
Discussion was held regarding Belcourt's personal living expenses during
the first year(s) while he is establishing his practice. Graves informed
the committee that should Belcourt choose to become an employee of tSI
during the first three years prior to purchasing the clinic, he would be
salaried earning $50,000 the first year, $55,000 the second year and
$60,000 the third year. Or. Belcourt's wife also plans to work at the
clinic handling the bookkeeping and appointments and, therefore, she would
also be a LSI employee. Strategically, the Dassel Clinic is very
important to HCH and it would be to the benefit of the hospital to assist
Dr. Belcourt in his goal to purchase it at this time.
Bretzke informed the committee that he felt that hospital could do more to
assist Belcourt then just purchasing the assets and practice at this time
and then having Belcourt buy it in three years. He felt that this was -not -
enough in return for a physician who would be sending new patients to
Hutchinson when they are in need of hospitalization (Dr. Houts referred
his patients to Litchfield). Bretzke proposed that the hospital buy the
assets and lease it back to Belcourt to help him out. He felt that the
building would probably be worth about half of its current value in 20
years and he suggested that HCH lease the clinic back to Belcourt with a
20 year lease (1/20th of its value annually) and then in 20 years have -him
purchase it at half the current value; or lease it back to him on a 30
year lease and then the hospital would still own the building.
C�j
Ad Hoc Committee Meeting - 3/29/88
Page Three
Graves suggested that perhaps HCH could buy the building in five years and
finance it over a 15 year period. He feels that Houts would carry
Belcourt for the $20,000 for the practice as they have established a very
good rapport.
The main concern is the first three to six months while Belcourt is
establishing himself and patient income is low. Plans are to meet with
Belcourt on Thursday, March 31, to discuss the various proposals.
Discussion continued on ways in which to assist in the practice
acquisition. Remucal asked whether the community of Dassel would be able
to assist Belcourt in order to maintain a clinic in their town. Durfee
stated that we would have had to pay $20,000 to recruit a new doctor for
the clinic at Dassel. Since we already have a doctor who is willing to
practice there, could some compensation be offered to him -{possibly half --
of the recruitment fee) or could an offer of graduated rent payments be
made to him, especially in the first year.
It was the consensus of the group to acquire the Dassel practice and
assist Dr. Belcourt in this transitional phase.
Buffalo Lake Clinic. Graves informed the committee of an accounts
receivable management problem that has resulted by acquiring the Buffalo
Lake Clinic practice. Two sets of books would need to be maintained if we
did not buy Huebert's receivables.
Consensus of the group was to purchase the receivables at a discounted
rate and manage one bookkeeping system.
Respectfully submitted,
La Mae J. Maiers
Recording Secretary
LM
0
c��
0
PUBLICATION NO. 3845
PUBLISHED IN THE HUTCHINSON LEADER: Thursday, April 14, 1988
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN
Notice is hereby given that a public hearing will be held on
Tuesday, April 26, 1988
at the hour of 8:00 P.M. in the Council Chamber
of City Hall for the purpose of:
issuing a set-up license to Bradley Larson, owner of the
Little Crow Bowling Lanes.
This hearing will be held by the City Council
of the City of Hutchinson. At such hearing, all persons interested
may be heard.
April 12, 1988
Dated
`7
Ci4 Admi strator
- MINNESOTA DEPARTMENT OF PUBLIC SAFETY
LIQUOR CONTROL DIVISION
333 SIBLEY if ST. PAUL, MN 55101
APPLICATION FOR PERMIT TO ALLOW ONLY CONSUMPTION AND DISPLAY OF INTOXICATING LIQUOR
PHONE 612-296-6159 PERMIT FEE S151.50
AcmKant Name (Business. PartnersnlP, Corporation)
DBA or Trade Name
Brad Larson Larry Stenmark
Little Crow Bowling Lanes Inc.
Street Address
Business Address
8 Boulder Ciccle Rt. 2 Dassel
Hwy #7 Nest P.O. Boz 203
City
County
z1aie
110 t.004
uuness one
Hutchinson
McLeod
Minnesota
1 55350
( 612)587-2352
PERMIT TYPE
Type of Business (Nestaurant. Dance Had, etc.)
❑Private Club ®Public Business
Bowling Center
Name of Business or Cluo Manager
Address of Manager
Hutch Bowl Brad Larson
Hutchinson
Name of Building Owner
Address of Owner
Thomas Dolder
Golf Course Road Hutchinson
ARE THE CLUB OR BUSINESS PREMISES�f-� SEPARATE FROM ANY'
HAS OR WILL A NON -INTOXICATING MAL LIQUOR LICENSE BEEN iSSuEO
OTHER BUSINESS ESTABLISHMENT? Yes ❑NO
1J
TO THIS BUSINESS FOR THIS LOCATION? ®yes ONO
u
IS APPLICATION
IF TRANSFER, FORMER LICENSEES NAME AND BUSINESS TRADE NAME
ORIGINAL ® RENEWAL ❑ TRANSFER ❑
FOR A PUBLIC BUSINESS:
If a Partnership, State the Name and Address of Each Panner: If a Corporation, State the Name and Address of Each Officer.
Business Partner/Officer
Address
Bradle A. Larson
8 Boulder Circle Hutchinson Mn. 0
Business Partner/Officer
Address
Larry L. Stenmark
Rt. 2 Dassel Mn. 55325
Business Partner/Officer
Address
FOR A PRIVATE CLUB
Date Club Organized
Number of Members
Amount of Dues
Members Requirements
Length o {melub
Is Club Building
Does Club Maintain Lockers
At Present Location:
Owned or Rented?
For Members To Store Liquor?
❑yes El red,
Club Ker/ tract Or Nana
Address
Club Officer/Director Name
Address
Club Officer/Director Name
Address
Has applicant; if partnership, any partner; if corporation, any officer or director; if club, any club officer or director, ever
had a license under the Minnesota Liquor Control Act revoked or suspended or been convicted for any violation of State
Laws or local ordinances; if so, give date and details No
I hereby terrify that the answers are true of my own knowledge and understand that the giving of false information or the f ure to give pertinent information
constitutes cause for revocation of this permit. ANY PERMIT ISSUED HEREUNDER DOES NOT ALLOW THE SALE 07 J/NTOXICATING LIQUOR,
NO CONSIDERATION WILL BE GIVEN TO THIS APPLICATION
UNLESS APPROVED AS PROVIDED BELOW:fl/!/-;e•^� 3 a� �l
IF THE BUSINESS IS LOCATED IN A COUNTY. Signature - Aut ",zffij A ticant Date
IF A CLUB ATTACH A COPY OF THE CONSTITUTION AND
BYLAWS OF THE CLUB AND A CURRENT LIST OF
Approved — Chairperson County Board or Representative Date MEMBERS.
IF THE BUSINESS IS LOCATED IN A MUNICIPALITY
CASH_
-,Pwov,!o - Courca P. estdent or Representative. Date
CHECK _
BURNS MANOR
Q' MUNICIPAL NURSING HOME
North High Drive
Hutchinson, Minnesota 55350
Phone (612) 567.4919
May 3, 1988
Mayor Paul Ackland and
Members of the City Council, City of Hutchinson.
LONG TERM CARE CONSULTING SERVICES:
The Burns Manor Board of Directors and the Administrator agreed
unanimously to hire a nursing home consultant to evaluate the
operation of the nursing home.
Nursing home consulting services that will be evaluated at the
board meeting in May are:
Charles Bailly & Company
Mpls., MN
Health Planning & Management Resources, Inc.
Edina, MN
Health Resources
Maplewood, MN
King Associates
Mpls., MN
Learnex Corporation
St. Cloud, MN
Quality Decisions, Inc.
Minnetonka, MN
0
Long Term Care Consulting Services.
M. K. & Associates
St. Paul, MN
Health Central Corporation
Mpls., MN
ARCHITECTS AND PLANNERS:
Patch Erickson Madson Watten, Inc.
Mpls., MN
BURNS MANOR
MUNICIPAL NURSING HOME
North High Drive
Hutchinson, Minnesota 55350
Phone (4612) 587-4919
Korsunsky Krank Erickson Architects, Inc.
Mpls., MN •
Arvid Elness Architects, 1-nc.
Mpls., MN
Ellerbe, Inc.
Mpls., MN
Mavis�J. Geie
Administrator
Long Term Care Consulting Services
MN Association of Health Care .Facilities Service Corporation
E
0
HUTCHINSON WINSTED
CASE MIX CASE MIX
A.
$31.42
A.
$41.76
B.
$33.96
B.
$45.00
C.
$36.84
C .
$48.68
D..
$39.47
D.
$52.03
E.
$42.18
E.
$55.49
F
$42.35
F.
$55.70
G.
$44.64
G.
$58.62
H.
$48.96
H.
$64.14
I.
$50.49
I.
$66.08
J.
$52.86
J.
$69.11
K.
$57.86
K.
$75.49
BURNS MANOR
MUNICIPAL NURSING HOME
North High Drive
Hutchinson, Minnesota 55350
Phone (612) 587-4919
GLENCOE
VIIJL 1"I1 /1
A. $55.97
B. $59.35
C. $63.19
D. $66.68
E. $70.28
F. $70.51
G. $73.55
H. $79.30
I. $81.33
J. $84.48
K. $91.13
•
i
BURNS MANOR MUNICIPAL NURSING HOME
Hutchinson, Minnesota 55350
BUDGET
YEAR ENDING DECEMBER 31, 1988
OPERATING EXPENSES
1,997,300. 2,059,478. 2,170,372.
2,288,512.
1985
1986
1987
1988
12-31
12-31
12-31
BUDGET
303
INCOME FROM RESIDENTS
$ 2,060,263.
1 2,193,526,
f 2,129,316.
$ 2,150,592.
SALARIES:
410
minis ration
34,132.
35,160.
36,812.
37,460.
420
Office & Receptionist
43,150.
53,359.
61,684.
60,878.
510
Plant
61,097.
62,211.
70,494.
77,800.
520
Dietary
154,812.
167,575.
165,186.
174,100.
530
Laundry
40,528.
42,304.
44,759.
43,700.
540
Housekeeping
92,488.
101,852.
115,052.
118,256.
600
Registered Nurses
191,355.
200,638.
208,816.
202,047.
610
L. P. N. 's
84,383.
87,292.
100,172.
114,624.
620
Nursing Assistants
526,204.
531,079.
550,310.
601,049.
760
Rehabilitation
44,770.
T 2714 + -
46,755.
T -13291-22T.-
39,624.
1-; 3TT; 409:
40,800.
TT 7 ' -
436
PERA & Payroll Taxes -
- 145,993.
153,369.
156,253.
169,132.
443
Health Insurance
5,753.
11,146.
12,000.
522
Foods
135,968.
117,844.
113,447.
120,000.
UTILITIES:
512uF
er=i
7,027.
3,205.
-0-
-0-
513
Natural Gas
36,085.
34,876.
22,675.
40,000.
514
Electricity
23,175.
23,179.
23,308.
24,000.
516
Water and Sewer
13,216.
74 30T
15,433.
76T4
21,144.
bT �2T.
22,000.
B6 ifOlf-
OTHER EXPENSES:
425
Mice u -S p ies
6,086.
6,134.
8,642.
9,000.
426
Communications
3,991.
7,077.
6,967.
7,200.
427
Travel
2,672.
3,144.
2,691.
3,600.
430
Advertising
3,756.
4,877.
5,680.
6,000.
431
Licenses and Dues
5,945.
6,402.
6,750.
6,800.
432
Education & Training - Administration
643.
326.
325.
900.
435
Professional Services
17,526.
21,462.
24,552.
24,900.
449
Miscellaneous and Medicare Discounts
16,103.
7,051.
4,171.
5,000.
511
Repairs
4,147.
6,905.
17,030.
10,000.
515
Education & Training - Plant
20.
-0-
85.
100.
518
Purchased Services - Plant
18,762.
17,527.
17,732.
18,000.
519
Supplies - Plant
7,637.
8,821.
6,951.
7,200.
527
Education 8 Training - Dietary
85.
312.
-0-
60.
529
Supplies - Dietary
21,557.
21,720.
21,117.
22,000.
532
Education & Training - Laundry
30.
20.
-0-
60.
538
Purchased Services - Laundry
- 48,987.
48,723.
49,031.
50,000.
539
Supplies - Laundry
7,693.
8,195.
5,965.
7,500.
542
Education & Training - Housekeeping
-0-
20.
-0-
30.
549
Supplies - Housekeeping
7,969.
9,173.
11,973.
10,000.
625
Medical Records Technician
1,598.
1,421.
1,822.
1,800.
627
Pharmacist
577,
830.
1,577.
1,500.
628
Medical Director
157.
315.
249.
360.
629
Supplies - Nursing
76,750.
76,982.
92,324.
92,500.
630
Education & Training - Nursing
1,096.
- 1,227.
1,933.
2,000.
631
Screening
2,784.
6,072.
6,600.
723
Medicare Drugs
7,340.
5,604.
5,156.
5,200.
765
Education & Training - Rehabilation
91.
212.
130.
100.
769
Supplies - Rehabilation
5,309.
266-1=.
6,610.
27T.9747.
8,494.
M7-, T4-
8,500.
M17W.
442
Insurance
31,500.
42,103.
64,327.
70,800.
455
Depreciation
51,840.
52,560.
52,914.
52,956.
452
interest & Fees - Bonds
13,050.
9,057.
4,830.
-0-
OPERATING EXPENSES
1,997,300. 2,059,478. 2,170,372.
2,288,512.
1985
1986
1987 1988
12-31
12-31
12-31 BUDGET
303 INCOME FROM RESIDENTS
-
- _$-2,060
63. $
2,293,526. $
2,129,316. $ 2,150,
40.
OPERATING EXPENSES
1,997,300.
2,059,478.
2,170,372. 2,288,
OPERATING GAIN (LOSS)
62,963.
134,048.
(41,056.) (137,920.)
403 OTHER INCOME
51,964.
33,519.
30,600. 12,000.
NET GAIN (LOSS)
114,927.
167,567.
(10,456.) (125,920.)
BOND PAYMENTS
85,000.
90,000.100,000.
-0-
1988 RESIDENT INCOME ESTIMATE
(96.00
% OCCUPANCY)
EST. 100%
CASE MIX 12-31-87
96.00 %
7-1-87/7-1-88 INCOME FROM
CLASS RESIDENTS
RESIDENTS
DAYS
AY. RATE EST.
RESIDENTS
A 19
18.24
6,676
32.78
218,839.
B 4
3.84
1,406
35.44
49,829.
C 0
-0-
-0-
38.44
-O-
D 9
8.64
3,162
41.19
130,242.
E 3
2.88
1,054
44.02
46,397.
F 2
1.92
703
44.19
31,066.
G 31
29.76
10,892
46.58
507,349.
H 17
16.32
5,973
51.09
305,161.
I 15
14.40
5,270
52.69
277,676.
J 17
16.32
5,973
55.16
329,471.
K 12
11.52
4,216
60.38
254,562.
TOTALS 129
123.84
45,325
2,150,592.
100.00
% = 47,214 Bed
Days (366 day year)
1980 Occupancy = 99.39
%
1981 Occupancy = 99.66
%
1982 Occupancy = 99.77
%
1983 Occupancy = 99.65
%
1984 Occupancy = 97.57
%
1985 Occupancy = 96.02
%
1986 Occupancy = 97.78
%
- -
-
1987 Occupancy = 96.57
%
1988 Occupancy = 96.00
%
ESTIMATED
0
0
0
AMERICAN LEGION
HUTCHINSON POST NO. 96
Hutchinson, Minnesota 55350
0
City Council Members
Hutchinson, Mn. 55350
Gentlemen:
M6
April 25, 1988
The American Legion Members of Hutchinson Post 96 would like
to request a parade permit for a Memorial Day Parade on May 30,
1988 at 9:30 A.M.
Thank You
904�—
John Tapio
Adjutant Post 96
3. Authorized Officer's Name C1 //V) Z-12 U
4:< Officer's Address 6 3 'S G 4E&)7 _ 5oo,& Phone.:5-d' 7- 30
5. Parade Chairman 7/9P/O
6. Parade Chairman's Address 6 3S GLf-At s%eirlf-SC!;%/7/Phone Sd77- 383`/
7. Date of Parade r'J%q 1/ 3 O / Q jy Assembly Time
8. Location and Description of Assembly Area C I / /Z rrV S S4A-),04� C -CZ4UL;C'
9. Starting Time of Parade 9i 30 �AEstimated Time of Termination -1O '0 O /y /4/,
10. Starting Point of Parade Cl T/ Z 6/Z) L /9N /C C D,e/LW-k ��77
11. Route of Parade Travel C i / ! Z ENS L� f%/1� c�,o'/)z /C
, �d /h% s Z�e" T s v v T-'/ T v 7'h'C-' L /a &?&&
12. Termination Point of Parade. Z t- G /D iV P1,9 c /ice
13. Approximate Number of Units, Animals and Vehicles which will constitute Parade with
Type and Description of Animals and Vehicles PL L,CE- D� P7 F-1
qvd�
A" C- GvA,�� 6�7ySc�UTs 6! L �Cov%S. D/�vc��s L&
14. Maximum Interval of Space to be Maintained Between Units
15. Maximum Length of Parade 3/i M/ /
16. Minimum and Maximum Speed of Parade 5; MPH
17. Portion of Street Width Traversed /�� /L -;7/q / /LJ
—----------------------------------------------
Approved this -:?AX--day of 19 ,?Y upon compliance with the following terms
and conditions
Chlied of Police
FOR OFFICE USE
ONLY
Date Received:
✓r-?i-�f/
APPLICATION
FOR PERMIT
Approved:
1. Name of Organization
/PARADE
2. Address of Organization
Phone
3. Authorized Officer's Name C1 //V) Z-12 U
4:< Officer's Address 6 3 'S G 4E&)7 _ 5oo,& Phone.:5-d' 7- 30
5. Parade Chairman 7/9P/O
6. Parade Chairman's Address 6 3S GLf-At s%eirlf-SC!;%/7/Phone Sd77- 383`/
7. Date of Parade r'J%q 1/ 3 O / Q jy Assembly Time
8. Location and Description of Assembly Area C I / /Z rrV S S4A-),04� C -CZ4UL;C'
9. Starting Time of Parade 9i 30 �AEstimated Time of Termination -1O '0 O /y /4/,
10. Starting Point of Parade Cl T/ Z 6/Z) L /9N /C C D,e/LW-k ��77
11. Route of Parade Travel C i / ! Z ENS L� f%/1� c�,o'/)z /C
, �d /h% s Z�e" T s v v T-'/ T v 7'h'C-' L /a &?&&
12. Termination Point of Parade. Z t- G /D iV P1,9 c /ice
13. Approximate Number of Units, Animals and Vehicles which will constitute Parade with
Type and Description of Animals and Vehicles PL L,CE- D� P7 F-1
qvd�
A" C- GvA,�� 6�7ySc�UTs 6! L �Cov%S. D/�vc��s L&
14. Maximum Interval of Space to be Maintained Between Units
15. Maximum Length of Parade 3/i M/ /
16. Minimum and Maximum Speed of Parade 5; MPH
17. Portion of Street Width Traversed /�� /L -;7/q / /LJ
—----------------------------------------------
Approved this -:?AX--day of 19 ,?Y upon compliance with the following terms
and conditions
Chlied of Police
0
DAVID B. ARHOLD
CHARLESR. CARMICHAEL
MICHAEL B. L[BARON
GARY D. MCDOWELL
FAYE ENOWLES
STEVEN A. ANDERSON
G. BARRY ANDERSON
STEVEN S. HOGE
CHARLES L. NAIL. JR.
LURA R. FRETLAND
DAVID A. BRUEOOEMANN
JOSEPH M. PAIEMENI
JAMES UTLEY
May 5, 1988
ARNOLD & MGDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCHINSON, MINNESOTA 55350
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
(612)587.7575
RESIDENT ATTORNEY
O. BARRY ANDERSON
Re: Setup License Ordinance
Our File No. 3188-87-0062
Dear Gary:
5881 CEDAR GRE ROAD
MINNEAPOLIS, MINNESOTA 55418
(612)545.9000
MN TOLL FREE 800-343-4545
SOI SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
(812)389-2214
/q.5 6 789 v,
FA ^Y 1988 p`
RECEIVED
m
As you know, the City Council asked the City Attorney to prepare an
appropriate ordinance governing the issuance of licenses for the
sale of setups or for the operation of bottle clubs.
I discussed this matter with the Chief of Police and with Ron
Rirchoff, both of whom, as previously noted, were helpful in the
preparation of the ordinance, a copy of which is enclosed. Neither
has seen the draft before you, but it incorporates in general most
of the issues that we discussed.
A couple of comments are in order. First, the City's policy has
been to charge the sum of $150 for setup licenses when the City has
chosen to issue them. That fee is permissible if the license is
being issued on an annual basis. However, a review of state law and
additional legal research reveals that the maximum the City may
charge for a "bottle club" license, if the license is being issued
on a daily basis, is $25. The license may not be issued for a
period of longer than one day and hence, the ordinance now before
you provides for only a one day period.
Second, I have provided in the proposed ordinance language that
would allow the Chief to make the appropriate investigation and to
reject the application if he deems it inappropriate.
Mr. Gary D. Plotz
May 5, 1988
Page 2
Third, there is some question as to how to treat a violation of this
provision, particularly in a situation where a group or organization
might attempt to regularly provide setups and simply not bother to
come in to the Administrator's office and apply for the license. On
the other hand, it is difficult to invoke the criminal law and
at least the possibility of jail time, when in many cases it
might be difficult, if not impossible to distinguish between the
sale of a beverage for consumption as a beverage and the sale of a
beverage for the purpose of providing setups. I attempted to
address this problem by making it a violation of this ordinance to
sell a beverage for use as a setup, but the violation, will only be
a petty misdemeanor. The reason for the distinction is that a
petty misdemeanor, because it does not carry the possibility of jail
time, is not subject to many of the stringent constitutional
requirements that attach to other criminal ordinances and it may
give the department needed flexibility in enforcing this ordinance.
Although I have not made an exhaustive search, I am not aware of any
other community that has adopted a similar ordinance, but I believe
this to be a worthwhile effort.
I would appreciate any comment that anyone might have with respect
to the content of this ordinance.
Thank you. Best personal regards.
Very truly yours,
�RN04D & Mc OWELL
G. Barry Anderfn
GBA:lm
CC Steve Madson
•
PUBLICATION NO.
ORDINANCE NO. 8/88
AN ORDINANCE REGULATING THE ISSUANCE OF SETUP LICENSES FOR THE
CONSUMPTION OF INTOXICATING LIQUOR WITHIN THE CITY OF HUTCHINSON
THE CITY OF HUTCHINSON DOES ORDAIN:
Section One: No setup license or bottle club license shall be
issued to any group, organization or individual, other than as set
forth in Section Two of this Ordinance.
Section Two: The City of Hutchinson may, in its discretion
issue a one day permit for the consumption and display of intoxi-
cating liquor pursuant to Minn. Stat. Section 314A.414 to a
nonprofit organization in conjunction with a social activity.
9 Section Three: Every application for a permit as required
herein shall be made at least ten days in advance of the effective
date for said permit in writing using a form prescribed by the City
Administrator. The City Administrator shall refer the application
to the Chief of Police who will make an investigation to determine
whether issuance of the permit would cause a nuisance to any
adjoining property owners, or if the license should be denied for
any other reason. Application for the permit shall be accompanied
by a permit fee in the amount of $25.
Section Four: No group, organization or individual shall
operate a bottle club unless and until said group, organization or
individual has complied with the terms and conditions of this ordi-
I* nance.
Section Five: Whoever shall violate the provisions of this
ordinance shall be guilty of a petty misdemeanor.
Adopted by the City Council this _ day of May, 1988.
CITY OF HUTCHINSON
Paul Ackland, Mayor
Attest:
Gary D. Plotz
City Administrator
9
i
F A E G R E & B E N S O N
SUITE 1190, 8.00 TONER 10 CA9TCNCAP
8400 NORMANDALC LANC 90ULCVAPO LONDON CC3M ICT, ENGLAND
CLOOMMOTOM, MINNESOTA 50.37-1070 01/923-0103
91C/9C1-2200 TCLCCOPIER .23-3217
Tn ECO.M. 921-22« 'CL" 801100.
April 22, 1988
Richard J. Kramer
Executive Vice President
LifeSpan Inc.
800 East 28th Street at Chicago Avenue
Minneapolis, MN 55407
Philip Graves
Administrator
Hutchinson Community Hospital
1095 Highway 15 South
Hutchinson, MN 55350
G. Barry Anderson
Arnold & McDowell
5881 Cedar Lake Road
Minneapolis, MN 55416
Gentlemen:
2000 NCPy9LIC PLAZA
370 9CVCNTCCNTN STREET
DCMVCR.COLORADO 90102-4004
303/391-5090
Tu[COPIER 592-se93
I was pleased to hear that the Hospital Board approved
the Affiliation Agreement and its attached exhibits. However,
I understand from my conversations with Dick and Barry that it
would be helpful to revise Exhibit C (the Ordinance) to clarify
in certain instances whether reference is being made to the
Hospital Board or the LifeSpan Board. I have made those
corrections as indicated by the enclosed blacklined copy of
Exhibit C.
Barry also pointed out to me the fact that in drafting
the amendment to Section 235:05 of the Ordinance, I omitted
reference to the right of the City Council to remove the
members of the Hospital Board. I have reinserted that
provision in the Ordinance as indicated by the enclosed
blacklined copy. This is in conformity with the Principles of
Affiliation which contemplate that the right of removal of
Is members of the Hospital Board would be retained by the City
2300 MULTIFOODS TOWER
33 SOUTH SIXTH STREET
MINNEAPOLIS. MINNESOTA 95402.3694
91[/3115300
T[LCCOPI[R 3)1 -]ISS
11LC% .25131
SUITE 1190, 8.00 TONER 10 CA9TCNCAP
8400 NORMANDALC LANC 90ULCVAPO LONDON CC3M ICT, ENGLAND
CLOOMMOTOM, MINNESOTA 50.37-1070 01/923-0103
91C/9C1-2200 TCLCCOPIER .23-3217
Tn ECO.M. 921-22« 'CL" 801100.
April 22, 1988
Richard J. Kramer
Executive Vice President
LifeSpan Inc.
800 East 28th Street at Chicago Avenue
Minneapolis, MN 55407
Philip Graves
Administrator
Hutchinson Community Hospital
1095 Highway 15 South
Hutchinson, MN 55350
G. Barry Anderson
Arnold & McDowell
5881 Cedar Lake Road
Minneapolis, MN 55416
Gentlemen:
2000 NCPy9LIC PLAZA
370 9CVCNTCCNTN STREET
DCMVCR.COLORADO 90102-4004
303/391-5090
Tu[COPIER 592-se93
I was pleased to hear that the Hospital Board approved
the Affiliation Agreement and its attached exhibits. However,
I understand from my conversations with Dick and Barry that it
would be helpful to revise Exhibit C (the Ordinance) to clarify
in certain instances whether reference is being made to the
Hospital Board or the LifeSpan Board. I have made those
corrections as indicated by the enclosed blacklined copy of
Exhibit C.
Barry also pointed out to me the fact that in drafting
the amendment to Section 235:05 of the Ordinance, I omitted
reference to the right of the City Council to remove the
members of the Hospital Board. I have reinserted that
provision in the Ordinance as indicated by the enclosed
blacklined copy. This is in conformity with the Principles of
Affiliation which contemplate that the right of removal of
Is members of the Hospital Board would be retained by the City
April 22, 1988 ------ -
Page 2
Council. However, I have not included the clause which
formerly would have allowed the City to remove a member of the
Hospital Board if he or she is no longer a resident of the City
of Hutchinson. Inasmuch as residency is not required for all
directors, this appears to me to be inappropriate.
Finally, I have revised page 12 of the Affiliation
Agreement to correct the reference from section 234 of the 1974
Ordinance Code to section 235 of the 1974 Ordinance Code.
Phil and Dick are receiving with this letter a
blacklined copy of Exhibit C (the Ordinance). I am supplying
Barry with a blacklined copy of Exhibit C, together with four
clean copies of the Agreement of Affiliation, including all of
the exhibits. Assuming that the City Council approves the -
transaction and the documents in the form presented, I would
appreciate it if Barry would see to it that each of the four
copies of the Affiliation Agreement (but not the attached
exhibits) are signed by the appropriate representatives of the
Hospital and the City and returned to me as soon as possible
following the City Council's meeting on Tuesday night. I need
to have the documents in hand and have them executed by the
appropriate Lifespan representatives in advance of the annual
meeting of the LifeSpan members late Thursday afternoon. I
will keep one executed copy and supply each of you with
another.
Thanks for your cooperation, and please contact me if
there are any questions or problems.
JDC/rlj
Enclosures
2972p
11
•
PUBLICATION NO.
ORDINANCE NO.
ORDINANCE AMENDING SECTIONS 235:05, 235:15 and 235:20
OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON ENTITLED
HOSPITAL BOARD, AND ADDING SECTION 235:30 TO THE 1974 ORDINANCE
CODE OF THE CITY OF HUTCHINSON,
THE CITY OF HUTCHINSON DOES ORDAIN:
WHEREAS, the primary purpose and mission of Hutchinson
Community Hospital (the "Hospital") is to provide quality health
care to all who are admitted to or treated at the Hospital, to
is make available facilities and equipment to facilitate the work
of physicians and trained personnel in the restoration and main-
tenance of the health of the patients of the Hospital, and to
participate in activities designed to promote the general health
and well-being of the citizens of the City of Hutchinson;
WHEREAS, the complexity and cost of operating the
Hospital in the current competitive health care environment make
it desirable for the Hospital to affiliate with an existing
health care system;
WHEREAS, Minnesota Statutes, section 144.581, autho-
rizes municipalities that own and operate municipal hospitals to
enter into cooperative ventures, join organizations intended to
IE
benefit the hospital, and have members of its governing body
serve as directors of such ventures or corporations;
WHEREAS, LifeSpan Inc. ("LifeSpan") is the controlling
institution of a quality health care system whose mission,
objectives and purposes are compatible with those of the
Hospital;
WHEREAS, the City finds that an affiliation with Life -
Span would provide the Hospita3,-with- management arrd-financial
benefits which would enhance the ability of the Hospital to
accomplish its purpose and mission;
THEREFORE,
SECTION 1. Section 235:05 of the 1974 Ordinance Code
of the City of Hutchinson, entitled Appointments and Terms, is
hereby amended to read as follows:
"Section 235:05. Appointments and Terms.
The Hospital Board shall consist of
seven members. One of said members of
the Hospital Board shall be the Chief
of the Medical Staff of the Hospital.
One of said members of the liospital
Board shall be an alderman of the City
of Hutchinson appointed annually by the
Mayor with the consent of the City
Council. The remaining five members of
the _Hospital Board (the "Elected Direc-
tors") shall each serve for a term of
five years with the term of one such
Elected Director to expire each year on
the last day of March. No Elected
Director of the Hospital Boardshall
serve for a period to exceed two con-
secutive five-year terms. At all
times, three of the Elected Directors
-2-
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0
L-1
shall be residents and qualified voters
of the City of Hutchinson. Prior to
the expiration of the term of an
Elected Director, his or her successor
shall be nominated by the Mayor with
the consent of the City Council. The
nomination shall be submitted to the
Board of Directors of LifeSpan (the
- "LifeSpan. Board") for election. If the
LifeSpan Board fails to elect such
nominee, then the Mayor, with the con-
sent of the City Council, shall
promptly submit new nominations to the
LifeSpan Board, as necessary, until the
LifeSpan Board has elected a successor
to the Elected Director whose term is
then expiring; provided, however, that
if the LifeSpan Board fails to elect a
successor from among the first, second
and third nominees, then the Mayor,
with the consent of the City Council,
may elect
Director wt
provided t
ation with
pursuant to
Ordinance
Hutchinson.
the successor to the Elected
ose term is the
hat the Hospital'
LifeSpan is then
section 235:30 of
Code of the
n expiring
s affili-
terminated
the 1974
City of
ine _.iry council may, by a four -fifth,
14/5) maiority vote, remove any member
of the Hospital Board rom o iced
reason or_maireasance or misfeasance ,f
Hospital Board has become incapacitated
to hold office.
A majority of the members of the
Hospital Board shall not consist of
persons who are simultaneously direc-
tors of any one of the following corpo-
rations:
(a) LifeSpan;
(b) Any other
tors of
indirectly
-3-
or
corporation, the direc-
which are directly or
elected by LifeSpan; or
(c). Any other
tors of
indirectly
Hospital."
corporation, the direc-
which are directly or
elected by the
SECTION 2. Section 235:15 of the 1974 ordinance Code
of the City of Hutchinson, entitled Powers and Duties, is hereby
amended to read as follows:
"Section 235:15. Powers and Duties.
Subject to the provisions of section
235:30, the Hospital Board shall have
full and exclusive control and manage-
ment of -any hospital owned by this
municipality, and all hospital grounds
and appurtenances thereto and all
apparatus, equipment and material of
every nature used in the operation of
said hospital. The Hospital. Board
shall adopt all necessary rules and
regulations for their own guidance and
for the proper management and operation
of said hospital and for the admission
of patients thereto. The Hospital
Board shall fix the fees and charges
for all hospital services, all of which
shall be certified to the Council as
soon as. they are adopted. It shall be
the duty of the Hospital Board to see
that all fees and charges becoming due
to said hospital are properly col-
lected. The Hospital Board may con-
tract and purchase all necessary equip-
ment, apparatus and supplies; provided,
however, that any single capital item
of purchase of $10,000.00 or more shall
first be approved by this Council."
SECTION 3. Section 235:20 of the 1974 Ordinance Code
of the City of Hutchinson, entitled Superintendent and Other
Employees, is hereby amended to read as follows:
-4-
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is
1]
0
"Section 235:20. Chief Executive Officer and Of -her
Emnloyees.
Subject to the approval of the Lifespan
Board, the Hospital Board shall
annually select and appoint an experi-
enced Hospital Administrator to serve
as the Chief Executive Officer and to
be its direct executive representative
in the management of the Hospital. The
Chief Executive Officer shall be an
employee of LifeSpan. The Hospital
Board shall have the power to remove
the Chief Executive Officer and, in
such event, the LifeSpan Board shall
have the right of approval of -the indi-
vidual appointed by the Hospital Board
to fill said vacancy. Zf at any time
the LifeSpan Board fails to approve the
individual appointed to fill said
vacancy or the annual appointment of
the Chief Executive Officer, then the
Hospital Board shall promptly submit
new appointments, as necessary, for
approval by the LifeSpan Board until
the appointment of the Chief Executive
Officer has been approved; provided,
however, that if the LifeSpan Board
fails to approve the appointment of the
Chief Executive Officer from among the
first, second and third individuals
submitted to the LifeSpan Board for
approval, then the Hospital Board may
appoint the Chief Executive Officer
without the approval of the LifeSpan
Board (in which case the Chief Execu-
tive Officer shall not be an employee
of LifeSpan), provided that the
Hospital's affiliation with LifeSpan is
then terminated pursuant to section
235:30 of the 1974 Ordinance Code of
the City of Hutchinson."
SECTION 4. The following is hereby added as sub-
division 3 of section 235.25 of the 1974 Ordinance Code of the
City of Hutchinson:
-5-
"Subd. 3. The City shall incur no
indebtedness (including without limita-
tion any general obligation bonds or
revenue bonds or notes) to which
Hospital revenues or Hospital property
is pledged without the consent of Life -
Span, and no revenues or fund balances
of the Hospital shall be transferred to
the City's general fund or appropriated
for payment of any city obligation
except as set forth in an operating
budget or capital budget approved by
Lifespan or as may otherwise be
approved by Lifespan in writing."
SECTION 5. The
following is hereby added as section
235:30 to the 1974 Ordinance Code of the City of Hutchinson:
"Section 235:30
The Hospital is an affiliate of Life -
Span which, acting through the Lifespan
Board, shall have the following rights
and only the following rights (in addi-
tion to the right to elect members of
the Hospital Board as provided in sec-
tion 235:05):
(a) Approval in the aggregate of an
annual consolidated operating
budget and an annual consolidated
capital budget of the Hospital and
all corporations, partnerships and
other legal entities directly or
indirectly controlled by the
Hospital, as proposed by the
Hospital Board;
(b) Approval of any new long term
indebtedness by the Hospital or
any corporation, partnership and
other legal entities directly or
indirectly controlled by the
Hospital which new long term
indebtedness was not included in
the approved annual consolidated
capital budget;
0
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(c) Approval of a consolidated stra-
tegic and long range plan of the
Hospital and all corporations,
partnerships and other legal enti-
ties directly or indirectly con-
trolled by the Hospital;
(d) Approval of the sale, lease or
other disposition of all or sub-
stantially all of the property of
the Hospital;
(e) Approval of the voluntary dissolu-
tion of the Hospital;
(f) Approval. of the merger or consoli-
dation of the Hospital with any
domestic or foreign organization;
(g) Except as otherwise set forth in
this section 235:30, approval of
changes in section 235 of the 1974
Ordinance Code of the City of
Hutchinson or the Hutchinson
Community Hospital Governing Board
Bylaws;
(h) To the extent provided in the
Hutchinson Community Hospital
Governing Board Bylaws, approval
of. any individual to serve as
Chief Executive Officer of the
Hospital to fill any vacancy in
said office, and the approval of
the annual appointment of the
Chief Executive Officer of the
Hospital, as proposed by the
Hospital Board (the right to
remove an existing Chief Executive
Officer being specifically
retained by the Hospital Board);
and
(i) Approval of any corporate action
of the type set forth in -subpara-
graphs (a). through (h) above of
any corporation, partnership or
other legal entities directly or
-7-
0
indirectly controlled by the
Hospital as a member, shareholder
or otherwise.
Except as otherwise provided in that
certain Agreement of Affiliation by and
between Lifespan, the Hospital and the City
of Hutchinson, or any Contribution Agree-
ments between Lifespan and the Hospital or
between Lifespan and any corporation, part-
nership or other legal entity directly or
indirectly controlled by the Hospital, Life -
Span shall not commit or pledge the operat-
ing revenues or assets of the Hospital for
LifeSpan's debts or the _debts _of LifeSpan's ---
subsidiaries, or for any other purpose with-
out the approval of the Hospital Board, nor
shall Lifespan commit or pledge the operat-
ing revenues or assets of any corporation,
partnership or other legal entity directly
or indirectly controlled by the Hospital for
LifeSpan's debts or the debts of LifeSpan's
subsidiaries, or for any other purpose,
without the consent of such corporation,
partnership or other legal entity directly
or indirectly controlled by the Hospital.
Section 235 of the 1974 Ordinance Code
of the City of Hutchinson and the Hutchinson
Community Hospital Governing Board Bylaws
may be altered, amended or restated as pro-
vided by law; subject, however, to the final
approval of such alteration, amendment or
restatement by the LifeSpan Board. Notwith-
standing the foregoing or any other provi-
sion in section 235 of the 1974 Ordinance
Code of the City of Hutchinson and the
Hutchinson Community Hospital Governing
Board Bylaws to the contrary:
(a) The rights of LifeSpan with respect to
the Hospital may be terminated without
the approval of the LifeSpan Board by
adoption and publication of an amend-
ment to section 235 of the 1974 Ordi-
nance Code of ,the City of Hutchinson
after advance notice of the proposed
amendment to LifeSpan and a hearing at 9
ME
0
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which LifeSpan had the opportunity to
be heard; provided that such amendment
may be effective no sooner than six (6)
months after adoption
and that a certified
amendment as adopted
shall promptly be given
and to the President
registered or certified
and publication
copy of such
and published
to the Chairman
of LifeSpan by
mail; and pro-
vided further, that such amendment may
be adopted and published only after
April 30, 1993 and before August 1,
1993; and
(b) The rights of LifeSpan with respect to
the Hospital may be terminated without
the approval of the LifeSpan Board by
adoption and publication of an amend-
ment to section 235 of the 1974 Ordi-
nance Code of the City of Hutchinson
after advance notice of the proposed
amendment to LifeSpan and a hearing at
which LifeSpan had the opportunity to
be heard; provided that such amendment
may be effective no sooner than six (6)
months after adoption and publication
and that a certified copy of such
amendment as adopted and published
shall promptly be given to the Chairman
and to the President of Lifespan by
registered or certified mail; and pro-
vided further, that such amendment may
be adopted and published only in accor-
dance with section 235:05 of the 1974
Ordinance Code of the City of Hutchin-
son if the LifeSpan Board fails to
elect a successor director to an
Elected Director (as defined in sec-
tion 235:05 of the 1974 Ordinance Code
of the City of Hutchinson) whose term
is then expiring from among the first,
second and third nominees submitted by
the Hospital Board to the LifeSpan
Board; and
(c) The rights of LifeSpan with respect to
the Hospital may be terminated without
the approval of the LifeSpan Board by
Mn
adoption and publication of an amend-
ment to section 235 of the 1974 Ordi-
nance Code of the City of Hutchinson
after advance notice of the proposed
amendment to LifeSpan and a hearing at
which LifeSpan had the opportunity to
be heard; provided that such amendment
may be effective no sooner than six (6)
months after adoption and publication
and that a certified copy of such
amendment as adopted and published
shall promptly be given to the Chairman
and to the President of LifeSpan by
registered or certified mail; and pro-
vided further, that such amendment may
be adopted and published only under the
circumstances specified in sec-
tion 235:20 of the 1974 Ordinance Code
of the City of Hutchinson; and
(d) The rights of LifeSpan with respect to
the Hospital may be terminated without
the approval of the LifeSpan Board by
adoption and publication of an amend-
ment to section 235 of the 1974 Ordi-
nance Code of the City of Hutchinson
after advance notice of the proposed
amendment to LifeSpan and a hearing at
which LifeSpan had the opportunity to
be heard; provided that a certified
copy of. such amendment as adopted and
published shall promptly be given to
the Chairman and to the President of
LifeSpan by registered or certified
mail; and provided further, that such
amendment may be adopted and published
only upon the occurrence of any of the
following events:
(1) Any change occurs in LifeSpan's
corporate structure or operations
which results in LifeSpan not
having ultimate corporate control
of the LifeSpan-affiliated group,
or in LifeSpan failing to qualify
as an organization (i) described
in section 501(c)(3) of the Inter-
nal Revenue Code of 1954, as 0
-10-
0
amended (or any successor provi-
sion of the Code); (ii) exempt
from income taxes under sec-
tion 501(a) of the Code; (iii)
contributions to which are deduc-
tible under sections 170, 2055 and
2522 of the Code; and (iv) which
is not a private foundation des-
cribed in section 509(a) of the
Code; or
(2) Lifespan files a petition in
voluntary bankruptcy, or for the
composition of its affairs or for
corporate reorganization under any
state or federal bankruptcy or
insolvency law, or makes an
assignment for the benefit of
creditors, or consents in writing
to the appointment of a trustee or
receiver for itself or for the
whole or any substantial part of
• its property; or
(3) If a court of competent jurisdic-
tion shall enter an order, judg-
ment or decree against Lifespan in--
any
n-any insolvency, bankruptcy or
reorganization proceeding, or
appointing a trustee or receiver
of .LifeSpan 'or of the whole or any
substantial part of the property
of LifeSpan and such order, judg-
ment or decree is not vacated or
set aside or stayed within sixty
days from the date of the entry
thereof.
LifeSpan shall have the right to resign its
rights and duties with respect to the Hospital
upon the affirmative vote of two-thirds (2/3) of
all of the members of the LifeSpan Board then in
office by giving six (6) months written notice by
registered or certified mail of such resignation
to the Mayor and the President of .the Hospital;
provided that such notice may only be given after
April 30, 1993 and before August 1, 1993.
-11-
0603n
Upon the termination of the rights and
duties of LifeSpan with respect to the Hospital,
the rights theretofore held by LifeSpan shall be
vested in the City Council and the Hospital
Board. The LifeSpan Board shall take no action
to prevent the City Council and the Hospital
Board from exercising their authority to act
under this section. Any action of the City
Council and the Hospital Board under this section
shall not relieve the City of Hutchinson and the
Hospital of any contractual obligations pre-
viously assumed."
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ORDINANCE NO. 10/88
AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING
ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND
THE OFFICIAL ZONING MAP
THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS:
The following described real property is hereby rezoned from R-2
Multiple Family Residence to R-3 Multiple Family -Residence.
Lots 2, 3, 4, and 5, Block 31 - South 1/2 Townsite of
Hutchinson
Adopted by the City Council this 10th day of May, 1988.
ATTEST:
Gary D. Plotz
City Administrator
Paul L. Ackland
Mayor
0
RESOLUTION NO. 8785
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
14 Doz. Softballs
1,301.20
Summer Recreation Progran
Rec.
Yes
Kokesh Athletic
T Shirts
2,926.36
Summer Program
Rec.
Yes
Quade's
Hose (150') & Nozzles
1,018.!0
Replacement
Fire
*
Clarey's Safety
*Equipment lost at E1
ator f
re - money reimbursement from
salva
a compan
.
Th e
following items were authorized due to an emergency need:
ITEM COST PURPOSE DEPT. BUDGET VENDOR
Date Approved:
tion made by:
Seconded by:
MAY 10 198R Resolution submitted for Council action
by:
7
M I N U T E S
LIBRARY BOARD MEETING
TUESDAY, FEB.16, 1988
' The Library Board met at 5:00 pm in the library meeting room with the
following members present: Chairman, Ralph Bergstrom, Kathleen McGraw,
Dolores Brunner, Larry Ladd, Bill Scherer, Teri Eilertson, Roxanne Wigen,
Linda Wilmsen and Mary Henke. Absent: Albert Linde, Mike Carls (conflict
- Hospital Board meeting).
' Librarian, Mary Henke, gave a report on the Arts Festival (Sno-Break
Weekend / February 5 -6 -7th): The display boards made by Bill Scherer at
a cost )f $211.00 (Expenditure was not to exceed $250.00) worked well with
all the artwork fitting easily on the boards, rather than scattered all over
the Library. The Art Guild and Library co -hosted the Art Show with shared
2 -hour work shifts by members. I Mary -commented that approximately 200
visited the show on Saturday, with approximately 65-70 people on Sunday.
Comments and suggestions were then made by board members. Linda Wiilmsen
suggested that the Library continue in the effort to improve and expand
with more displays next year. It was also suggested that advertising be
pursued more next year through the Leader ("Reader") and Shopper, KDUZ, Chamber,
Cable TV, and the schools. Mary thanked,all board members for their help.
' Linda Willmsen and Mary Henke informed board members of the availability
and application deadline for a grant through the Southwest Arts and Human-
ities Council which could help purchase displays and help fund publicity
costs. Linda and Mary will be meeting with Mary Beth Rupp regarding the
grant next week. They will follow up with the application and meet the
deadline.
' Ralph Bergstrom informed the board that the present 3 -year term of office
of Library Board members is the only city board without the new S -year term
of office. In order to keep uniformity among all boards, the motion was
made by Roxanne Wigen and seconded by Dolores Brunner to extend the Library
Board term of office to the S -rear term (Members are limited to two con -
new rule Mio vears).
of office of Albert Linde (board member since 1962) anT Kathlsen McGraw (1973)
will end in April of this year with their replacements filling the new S -year
term.
' Motion was made at 5:35 p.m. by Linda Wiilmsen to adjourn. Dolores Brunner
seconded the motion.
Submitted by,
Kathleen M. McGraw
i Secretary
/kmm
W
1k
0
DAVID B. ARNOLD
CHARLES R. CARMICHAEL
MICHAEL R. LCBARON
GARY D. MCDOWELL
FAYE KNOWLES
STEVEN A. ANDERSON
O. BARRY ANDERSON
STEVEN S. HOGE
CHARLES L NAIL, JR.
LURA E. FRETLAND
DAVID A. RRUEOOEMANN
JOSEPH M. PAIEMENT
JAMES UTLEY
April 28, 1988
ARNOLD & MCDOWELL
ATTORNEYS AT LAw
101 PARR PLACE
HUTCHINSON, MINNESOTA 55350
Mr, Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
(812)587-7575
RESIDENT ATTORNEY
O. HARRY ANDERSON
Re: Third Avenue Project
Our File No. 3188-87-0001
Dear Gary:
5861 CEDAR LASE ROAD
MINNEAPOLIS, MINNESOTA S5418
(612)545-6000
MN TOLL FREE 800-343-4545
SOI SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389- 2214
FOR YOUR INFORMATION
�r T�A,py 1988 ��
BY......._..__........ 8;7
I have received a request for a written opinion on the issue of
whether or not a railroad may be assessed for improvements and
whether or not property north of Highway 7 may be assessed for storm
sewer.
As to the railroad issue, it is clear from reviewing Chapter 429 of
Minnesota Statutes that railroad property may be assessed for any
benefit received by the property. The enforcement of the assessment
mechanism is a little different with railroad property than with
other types of property. The assessment is still a tax and still
has the priority that goes with tax enforcement; as a general rule,
the law prefers that railroad assessments be collected against per-
sonal property, rolling stock and other nonfixed assets. The reason
for this is that railroad property is generally sold as a unit and
there is a preference in the eyes of the law to keeping the railroad
together as a public utility as opposed to parceling it off by piece
in an effort to collect tax revenue.
To the extent the inquiry concerns whether or not an assessment
against a railroad is definitely collectible, I cannot adequately
respond to that question. The current bankruptcy proceeding with
respect to Dakota Rail, Inc. is unique in Minnesota history and I
have not been able to find any instances in Minnesota law, going all
Mr. Gary D. Plotz
April 29, 1988
Page 2
the way back to land grant railroads in the early days of Minnesota
statehood, in which the question of assessment collection was raised
with respect to any railroads. My educated guess is that an
assessment would be collectible, but given the length of time over
which it will be paid and the uncertain future of the existing rail
company, any prediction is questionable.
On the subject of the storm sewer improvements, I believe it is time
for the City of Hutchinson to consider creating a storm sewer
district pursuant to Chapter 444 of Minnesota Statutes, to include
within the district the entire City of Hutchinson, and to levy taxes
pursuant to the storm sewer district enabling statute across the
whole community. I say this because the improvement at issue in the
instant controversy is a classic example of the problem created by
attempting to pay for storm sewer improvements by using special
assessments.
At least to a limited extent, property north of Highway 7 contribu-
tes to storm sewer run off problems in other parts of the community.
However, that is not an acceptable reason to assess property north
of Highway 7 for the expense of installing the storm sewer. The
statute in case law is crystal clear that storm sewer assessments,
like any other assessment, must be measured by the benefit to the
property as a result of the improvement and that benefit is deter-
mined, ultimately, by the increased market value of the property
before and after the improvement.
The fact is, at least according to the information I have been able
to glean from the City Engineer, property north of Highway 7 has
never had a problem of disposing of its run off, and will not have a
problem regardless of whether or not the Third Avenue improvements
are constructed. Note that there is a tremendous height difference,
or "fall" to use engineering terms, between the property immediately
north of Highway 7 and immediately south of Highway 7. My comments
are generally restricted to this extreme example. In situations
where "the fall" is more reasonable, a benefit argument can be made
much more persuasively.
In short, I think it is unlikely that the City will prevail in an
effort to assess the costs of the storm sewer improvement under
current law to the property north of Highway 7. Please note this is
is
Mr. Gary D. Plotz
April 29, 1988
Page 3
a separate question from whether or not assessing the property
owners north of Highway 7 is fair and equitable and whether or not
the City should go ahead and assess those properties anyway on the
theory that they do contribute to the problem and in some measure
they ought to bear part of the burden of constructing the improve-
ment. It is possible that some theory could be constructed to sup-
port a benefit argument and while I am not optimistic about its
chances, it certainly would seem to me to be worthwhile to hold the
improvement hearing and see who, if anyone, objects to the
assessment.
I believe all concerned share -the -frustration -that storm sewer
assessments create and it may be time to look at a different
approach. Before the City Council adopts a specific plan, I believe
Ren Merrill, Eugene Anderson, Gary Plotz and myself will need to
consider the appropriateness of the use of a storm sewer district.
In that regard, I am enclosing a copy of my correspondence to Stan
Peskar which will hopefully produce some information that will be of
assistance in this regard.
Thank you. Best personal regards.
Very truly yours,
ARNO & cD0 LL
r �
k "
�� nG. dn
GB.;: lm
0
DAVID B. ARNOLD
HARLES R. CARMICHAEL
tGXAE1 B. LSBARON
OARY D. MCDOMELL
PAYE KNOWLES
STEVEN A. ANDERSON
O. BARRY ANDERSON
STEVEN S. HOOK
CHARLES L NAIL JR.
LURA R. FRETLAND
DAVID A. BRUEOOEMANM
JOSEPH M. PAIEMENT
JAMES UTLEY
April 29, 1988
Ll
ARwOLD & MGDOWELL
ATTORNEYS AT LAw
101 PARK PLACE
HUTCHINSON. MINNESOTA 55350
(812)587-7575
RESIDENT ATTORNEY
O. BARRY ANDERSON
Mr. Stan Peskar
League of Minnesota Cities
183 University Avenue East
St. Paul, Mn. 55101 -
Re: Storm Sewer Districts
Our File No. 3188-87-0065
Dear Stan:
seat CEDAR LARK ROAD
MINNEAPOLIS, MINNESOTA 55410
(519)545.9000
MN TOLL FREE BOO.343.4545
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(512) 359-2914
FOR YOUR INFORMATION
It appears that the City of Hutchinson is going to be engaged in
another round of disputes regarding storm sewer assessments. We are
finding it increasingly difficult to prove benefit to an affected
property owner, particularly in situations where there is an extreme
height difference between adjoining parcels (the dominant parcel
having no difficulty getting rid of its water into the servient par-
cel under any circumstances and therefore receiving no benefit from
any storm sewer).
It appears that perhaps it is time to discuss the possibility of
creating a storm sewer district which would eliminate these dispu-
tes.
My research has revealed that the City of Hutchinson could probably
adopt a single district encompassing the entire City. However, I am
wondering if you are familiar with other communities of approxima-
tely the size of Hutchinson which have set up storm sewer districts
and I would be particularly interested in what problems or conflicts
they have had with regard to those districts. Obviously, we would
also be interested in whatever paperwork went with the establishment
of those particular districts. -
If the City does elect to create such a district, I think all con-
cerned would like to have it in-place for the 1989 construction
season.
Mr. Stan Peskar
April 29, 1988
Page 2
Please refer our request to
you for the outstanding help
many other questions. Best
Very truly yours,
ARNOLD & McDOWELL
G. Barry Anderson
GBA:lm
the appropriate League employee. Thank
you and your staff provide on this and
personal regards.
0
0
r1
U
(612) 587-5151
JWCHUTCHINSON,
ITY OF HUTCHINSON
WASHINGTON AVENUE WEST
MINN. 55350
MEMORANDUM
DATE: May 4, 1988
TO: _ Ma;= & _ ry Lnnnr_ j — _ — — — — — — — — — — — — — — — —
FROM: — Gary_D_ P1 z_,_Lit3c Administrator- — — — — — — — — — — — —
SUBJECT: — Assisting jijomenwnexs nt ong Tbird_Aveuue. an -1988_ Improvements
The improvements along Third Avenue under consideration include storm sewer,
curb, street surfacing and replacement of water line(s) to the property line.
0 PRESENT METHOD OF DETERMINING COSTS
Currently the project cost(s) were determined on the basis of commercial
zoning; IC -I zoning. This means that some residential homes would be
assessed at a commercial street rate.
ALTERNATIVE METHODS TO FINANCE
After discussing the situation with Gene, Ken and Barry, we have the follow-
ing alternatives or combination thereof:
A. Assess residential home at only a residential street rate.
B. Assess as originally proposed - commercial rate.
C. Reduce the assessment to any dollar amount deemed acceptable
to the City Council.
D. Do not assess residential property whatsoever; only assess
commercial property(s).
If the City was not to assess the residential parcels (option D), the City
would have the following choices:
1. Use more state aid dollars on this project by having aid
dollars pay part or all of the residential areas.
2. Use City-wide
ad valorem
property tax dollars to assist in
defraying the
residential
expense.
Lastly, if there remains a portion assessable to the residential property
owners, those owners could apply under state statute for a "deferred assess-
ment - senior citizens" status. However, the owner must be 65 years or more
and come within the attached asset and income limit, unless revised.
Attachment
/ms
RESOLUTION NO. 8373
RESOLUTION AMENDING RESOLUTION NO. 7854 ESTABLISHING
INCOME GUIDELINES AND ASSET LIMITATIONS FOR
SENIOR CITIZENS DEFERRED ASSESSMENTS
WHEREAS, the Minnesota Statutes provide tax deferral for senior citizens,
65 years of age and older, for whom it would be a hardship to make payments,
and
WHEREAS, the home owner can make application for deferred payment of
special assessments on forms which can be obtained from the City Clerk's
office.
NOW THEREFORE, the City Council has established the following income
guidelines and asset limitations for applications of deferred assessments:
1. Deferred assessments be granted to person(s) with a low income
of $7,560.00 per year for one person and $9,180.00 per year for
a married couple; and
2. Deferred assessments be granted to person(s) with an asset limita-
tion of not to exceed $27,000.00, excluding the homestead.
Adopted by the City Council this 9th day of September, 1986.
Paul L. Ackland
Mayor
ATTEST: •
r,
Gary 0. Plotz
City Clerk
(612) 587.5151
Hurry' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHfNSON, MINN. 55350
M E M O R A N D U M
DATE: April 20, 1988
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission -
------------------- -- — — — — — — — — —
SUBJECT:— Amendment to Subdivision Ordinance #466 Section 5.10 — — —
Pursuant to Section 6.06, C1, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned request for an amendment to the
Subdivision Ordinance.
HISTORY
After months of review of Subdivision Ordinance #466, Section
5.102 the Planning Commission set a public hearing for April 19, 1988,
at which time an updated version of the Ordinance, Section 5,10 thru 5.105
was considered. At the public hearing, there was no one present who
objected to the proposed amendment.
FINDINGS OF FACT
1. All procedural requirements for amendments to the Subdivision Ordinance
have been complied with.
2. Notice was published in the Hutchinson Leader on Thursday, April 7,
1988.
3. The proposal was deemed to be appropriate and in the best interest of
the City,
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request for amendments to Subdivision Ordinacne #466 be approved
according to the attached memo from the Park Board dated March 3, 1988.
t lly s tted,
as Lyke, airman
Hutchinson P nning Commission ���
Y PARKS • RECREATION • FORESTRY
900 Harrington Street Hutchinson, Minnesota 55350
(612) 587-2975
�►�,. SENIOR CENTER CIVIC AREN
chin 587-6564 587-427
TO: Planning Commission
FROM: Parks b Recreation Board
DATE: March 4,1988
SUBJECT: Park Dedication
The following recommendations are for your consideration in
revising the policy on park dedication. We realize that the
complete ordinance needs to be rewritten, and feel several
points need to be considered to include:
a
1. The park dedication should be based on the
a
? following formula which allows for different
types of housing and densities
Single Family - $250/unit or
10% of the undeveloped site
(or its fair market value)
whichever is greater.
Duplex - $200/unit or -
16% of the undeveloped site
(or its fair market value)
whichever is greater.
Multi -Family - $150/unit or
20% of the undeveloped site
(or its fair market value)
whichever is greater.
2. The cash dedication fee should be paid at the time
the building permit is issued.
3. The cash dedication fee for commercial/industrial
1 land use should be 5% of the fair market value of
the undeveloped property.
4. The determination whether land or the cash equivalent
is accepted is the option of the City Council:
5. The cash values used should be'reviewed by the
Parks and Recreation Board each year.
y klm
cc: Eugene Anderson �X
Parks 6 Recreation Board G
t/J1 �
11
11
F
(612)587.5151
ITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
March 18, 1988
To: Mayor and City Council
Planning Commission
Park Board
M E M O
From: James Marka, Building Official
Eugene Anderson, City Engineer
RE: Administrative Responsibilities _-for _Collection of Park Land
Contribution Fee
Please keep in mind the administrative responsibilities while finalizing
your decision regarding the Park Land Contribution subject. At present,
both engineering and building are overloaded with workload and would
appreciate your cooperation in simplifying administrative duties for
efficiency.
We feel the following suggested procedures are the most practical:
All fees are to be collected at the time of platting as part of the
sub -division agreement according to the following densities:
1) R-1 and R-2 Single Family $ or _% of Land Value
2) R-3 Multi -family
Full Density - 2200 )S D.V. $ or _8 of Land Value
3) Commercial 6 Industrial $ or 8 of Land Value
To collect the fees at the time of issuance of the Building Permit would
be an administrative nightmare for the following reasons:
1) How do new homes in existing developments contribute?
2) How does major remodeling affect contribution and what constitutes
major remodeling?
3) Whose responsibility is it to remember which plats are under the
old schedule versus the new?
9) How are lot splits handled?
5) How are incorporated lots handled (two become one)?
ff_ / " ,
U
page 2
we presently have seven forms to be filled out for Building Permit
Application for a new home. In an effort to reduce bureaucracy, we
are requesting Council's cooperation on this matter. Please - keep
it simple.
Respectfully,
1 ^
„James G. Marka
Building official
CC: Gary Plotz
Yen Merrill
Bonnie Baumetz
JM/pk
&0
aaaa1111'"""
•vim. i . L{
/Euge Anderson \
City Engineer
(Attach with Agenda)
0
EXISTING
PARK CONTRIBUTION SCHEDULE
Lot Area In
Lot Area In
1000 Sq. Ft.
1000 So. Ft.
Increments
Cost
Increments
Cost
0- 8
5 84.70
92-100
$372.68
B-12
101.64
100-120
389.62
12-16
123.20
120-140
406.56
16-20
135.52
140-160
423.50--
23.5020-
20-24
152.46
160-180
440.44
24-28
169.40
180 -200
457.38 _
28-32
186.34
200-240
474.32
32- 36
203.28
240- 280
491.26
36- 40
40-44
220.22
280- 320
508.20
237.16
320 -360
525.14
44-48
254.10
360 -400
542.08
48-,,%2
271.04
400 -450
559.02
52-60
287.98
450- 500
S75.96
60-68
304.70
500- 550
592.90
68-76
321.86
550-600
609.84
76-84
338.60
Over 600
677.60
84- 92
355.74
Plus an additional $27.50 per dwelling unit over one (1) unit per lot -
0 August 11, 1981
9! � '
t John Miller tCJ®
336 South Main Street
Hutchinson, Minnnesota 553�0.i awgA
612-587.6500
April 14, 1968 z FOR YOUR INFORMATION
Mr. Gary Plotz
City Administrator
City of Hutchinson
37 Washington Avenue West
Hutchinson, MN 55350
Dear Mr. Plotz:
n�.
Regarding the proposed amendment to the Subdivision Ordinance #466
and the hearing on April 19, 1988,l would like to respond in writing
because I will be unable to attend the meeting on April 19, 1988.
I have no objection to the increased fees as long as the money is
set aside in a special fund for playgrounds and not co -mingled in the general
fund.
The suggestion I have is the same message I have been preaching for
20 years and that is not to eliminate the neighborhood playgrounds by taking
cash in lieu of land from the developer.
Example: There are no playgrounds north of Highway 7 and
east of Connecticut until you get to Glen Street North. There
must be 1,000 kids in that area and no playground.
We have an over -abundance of parks in Hutchinson but a real shortage
of neighborhood playgrounds and skating rinks.
I think the Park Board should monitor the Planning Commission and
make sure they don't allow large developmetns to be platted without
making provisions for playgrounds.
Please read this at the April 19 hearing.- Thank you.
Sincerely,
John E. Miller
0
40
0
JM: c s ✓—�
0
r (612) 587.5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
APRIL 21. 1988
TOe MAYOR & CITY COUNCIL
------------------------
FROM# KEN MERRILL, FINANCE DIRECTOR
-----------------------------------
SUBJECTi CITY PARKS
-------------------------------------------------------
As requested by Mayor Ackland and from the sketchy past
the following information is offered.
PARK NAME
------------
Roberts Park
"Millers Woods" Park
Land South - Wastetreat Plant
(new site)
West River (Optimist)
Tartan Park
West River Park (Firemens)
West River (W. of sanctuary)
West River (E. of sanctuary)
West River (across from Tartan)
HOW ACQUIRED
Contract for deed was
being paid from Public Trust
fund
Donated with conditions
Water/Sewer Purchased
UNKNOWN
UNKNOWN
orginal unknown
additional land LAWCON
Grant
Land unknown LAWCON
development funds used
UNKNOWN
Land & Bass Pond acquired
LAWCON GRANT
Funds for LAWCON Grant were matched with a local tax levy.
l�7,7 r' r"C
(612) 587-5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0
DATE: April 20th, 1988
TO: Mayor and City Council
FRDM: Director of Engineering
RE: Collection of Park Contribution Fees
During consideration of a revised Park Contribution Fee Schedule, it is requested
that the Council also consider the attached memorandum that discusses problems
associated with collecting the fees at the time a building permit application is
made. Such a policy would be time consuming to implement and enforce on a
day-to-day basis. Furthermore, a policy of collecting fees at the time of the
permit would be subject to error. On the other hand, collecting the fee at the
time of signing the Final Plat minimizes errors and potential misunderstandings
at later stages of development.
Respectfully submitted,
4ne�rso
en
Directo of Engineering
EA/PV
attachment
March 18, 1988
(612) $87.5151
FC/TY Of HUTCHINSON
37 WASHINGTON AVENUE WEST
Ht;'CrihSJN. MINN 55350
To: Mayor and City Council
planninq Commission
Park Board
M E M O
From: James MArka, Building official
Eugene Anderson, City Engineer
RE: Administrative Responsibilities for Collection of Park Land
Contribution Fee
Please keep in mind the administrative responsibilities while finalizing
your decision regarding the park Land Contribution subject. At present,
both engineering and building are overloaded with
workload
dand would
appreciate your cooperation in simplifying
administrativefor
efficiency.
We feel the following suggested procedures are the most practical.
All fees are to be collected at the time of platting as part of the
sub -division agreement according to the following densities:
2) R-1 and R-2 Single Family $ -
or t of Land Value
2) R-3 Multi -family or % of Land Value
Full Density - 2200 a D.V. S
3) commercial G Industrial $
or 1 of Land Value
To
be an lllect the fees at the time
for issuance of reasons -
1)
"Mit -would____
following
1) Hov do new homes in existing developments contribute?
2) How does major remodeling affect contribution and what constitutes
major remodeling?
3) whose responsibility is it to remember which plats are under the
old schedule versus the new?
1) NOW are lot splits handled?
S1 now are incorporated lots handled (two become one)?
page 2
We presently have sewn forms to be filled out for Building Permit
Application for a now home. In an effort to reduce bureaucracy, we
are requesting Council's cooperation on this matter. Please - keep
It simple.
Respectfully,
l 1 /.
James G. Mark&
Building Official
cc: Gary Plots
Ken marrill
Bonnie Baumets
JM/Pk
1ALL d'. tiN;- t'
'Eugene Anderson
City Engineer
(Attach with Agenda)
LM
• 9FOVR
CROW RIVER COUNTRY CLUB 90.0 2.52%
DIST 423 ECOLOGY SITE 15.0 0.42%
MCLEOD COUNTY FAIRGROUNDS 30.0 0.84%
TREE DUMP (FUTURE PARK/REC AREA) 93.0 2.61%
TOTAL OTHER AREAS 228.0 6.39%
TOTAL PARKS, PLAYGROUND & OTHER 526 14.75%
NOTE: OTHER SCHOOL PROPERTY, CHURCH PROPERTY AND PRIVATE
ACREAGE NOT INCLUDED IN ABOVE NUMBERS.
19 -Apr -88
PARK & RECREATION ACREAGE
IN CITY OF HUTCHINSON
CITY OF HUTCHINSON TOTAL ACREAGE:
3567 ACRES
% OF
PARKS &PLAYGROUNDS
ACREAGE
TOTAL
M
BASS POND
12.0
0.34%
BRIDGE PARK EAST
8.0
0.22%
BRIDGE PARK WEST
8.0
0.22%
BURNS MANOR
8.0
0.22%
COLLEGE HILL
4.0
0.11%
FILTER PLANT NORTH
6.0
0.17%
LIBRARY SQUARE
4.0
0.11%
LINDEN PARK
16.0
0.45%
LUCE LINE TRAIL
35.0
0.98%
MILLERS WOODS
24.0
0.67%
MINING PARK
5.0
0.14%
NORTH JAYCEE PARK
8.0
0.22%
NORTH PARK -
6.0
0.17%
OPTIMISTS PARK
8.0
0.22%
ORCHARD PARK
6.0
0.17%
ROADSIDE PARKS (3)
5.0
0.14%
ROBERTS PARK
35.0
0.98%
SAAR PARK
6.0
0.17%
SOUTH PARK
10.0
0.28%
TARTAN PARK
12.0
0.34%
VFW PARK
4.0
0.11%
WEST RIVER PARK
23.0
0.64%
GOPHER CAMPFIRE SANCTUARY
25.0
0.70%
OTHER PARKS LESS THAN 4 ACRES EACH
��20.0
-0.56%
TOTAL PARKS
298.0
8.35%
• 9FOVR
CROW RIVER COUNTRY CLUB 90.0 2.52%
DIST 423 ECOLOGY SITE 15.0 0.42%
MCLEOD COUNTY FAIRGROUNDS 30.0 0.84%
TREE DUMP (FUTURE PARK/REC AREA) 93.0 2.61%
TOTAL OTHER AREAS 228.0 6.39%
TOTAL PARKS, PLAYGROUND & OTHER 526 14.75%
NOTE: OTHER SCHOOL PROPERTY, CHURCH PROPERTY AND PRIVATE
ACREAGE NOT INCLUDED IN ABOVE NUMBERS.
19 -Apr -88
0
(612)587-515e
ITY OF HUTCHINSON
VASHINGTON AVENUE WEST
:HINSON, MINN. 55350
M E M 0
DATE: May 4th, 1988
TO: vMayor and City Council
FROM: Director of Engineering
RE: Golf Course Entrance Road
Pursuant to instructions by the -Council at its March 22nd meeting, we have
reviewed the surfacing improvements of the roadway, as requested by the Country
Club, as to financial feasibility and presedence. The property owner has asked
the City to contract for the project and to levy assessments to the property to
defray the cost.
Bond advisors have indicated that funds from a bond issue could be used to pay
for the improvement cost, provided that the property owner grants and easement
10City's
provides a waiver of tresspass or similar document which would allow the
City's contractor to legally enter upon the property to perform the work.
Another prerequisite to using bond fundsisthat the Council determines that
the project is in the public interest and purpose, such as by facilitating
access for police, ambulance, and fire protection. A resolution to that effect
is included herewith for the Council's consideration.
Bids were received for the project on April 29th. It should be recognized that,
since the quantities included in the bid were rough estimates made without
obtaining on-site conditions, assessments for the project should be levied after
the work is completed, or is substantially complete, so that the final cost is
either known or can be closely estimated. To do otherwise would undoubtedly
result in some City cost. The property owner could be required to sign a waiver
of appeal of the assessment if assessments are indeed levied following completion
of the work.
As for the concern about precedence, staff cannot recall, and no documentation
can be found, where a previous situation similar to the golf course entrance
road, was improved through a City project and the cost assessed to the property
owner.
Direction of the Council in this regard is requested.
Eugene Anderson j( —
Director of Engineering u
EA/pv
RESOLUTION DECLARING PUBLIC INTEREST AND PURPOSE
AND ORDERING IMPROVEMENT
LETTING NO. 5
PROJECT NO. 88-01A
Resolution No.
WHEREAS, it is proposed to improve the Crow River Country Club Roadway
from Colorado Street to approximately 400 Feet Northwesterly of Colorado
Street by the construction of Grading, Aggregate Base, Curb and Gutter,
Bituminous Surfacing, and Appurtenances,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUTCHINSCN,
MINNESOTA:
1. Such improvement is in the public interest and purpose.
2. The improvement is hereby ordered.
3. Plans and specifications prepared by Eugene Anderson, engineer for
such improvement pursuant to Council resolution, a copy of which plans and
specifications is attached hereto and made a part hereof, are hereby approved
and shall be filed with the City Administrator.
Adopted by the Council this 10th day of May, 1988.
Mayor
City Administrator
11
0
0
Cl
0
(612) 587-5151
F CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: May 3. 1988
T0: —GARY PLOTZ
—------———————————————— — — — — ——
FROM: —RANDY DEVRIES
—--------—————————————— — — — — ——
SUBJECT: — — Campbell Lane _ — — — — _ — _ — — —
-------------
The service contract for Campbell Lane lift station with
Electro Watchman is a two year contract. This contract is a
renewal of the original taken out by the City in May, 1986.
I recommend that we renew this service contract.
RD/pI
l �I
L
1 WEST WATER STREET - SUITE 110 • (612) 227 -8461ST. PW5555107SURBLAR ALARM $VgffW FIRE ALARM SYSTEMS
M. E. BERTRAM L L. EOWES R. F. BERTRAM
MONITORING AGREEMENT
ThN AWnt is meds this 1st city of May , 10_L8 , by and ter w n Electro Watchman. Inc.,
hereinafter ailed "E.W.. Ina.," and Campbell Lane Lift Station
hereinafter called "Subscriber," with respect to Subscriber's promises at
Hutchinson.MN 55350 (612)587-5151 a.Addraw
M.Etw, Z wF
1. THE SYSTEM. E.W., Inc. agrees to provide or effuse to be provided at the address Indicated above (hereinafter called
"the prevWm"I the wWm and/or connections (sometimes starred to drain BE "the System") specified below.
2. PAYMENT. Subacrlb it agrees to pay E.W., Inc., its agents or aNloe the connection charge of
---------------------------------------------DbTEa1S-------T7srvwa u the monthly Marge of
Thirf.nn and nn/Inn -'-----------------'---'-------------------- Dollar lEi3-Rn ).
plus my taxa Including ben tan, feat ser Merges that are imposed by any governmental body related to the semim
provided under this Agreement, The Connection Chugs is payable upon completion of the installation. The Monthly Charges
"Payable r ro I-II$ In edvan for the period of this Agreement. $156.00 Annually
L TERM. This Agreement shall memein In full fora and affect for a period ofia yae(s) from the date urvia
is operative hereunder, abs Mall continuo automatically thereafter for additional annual periods until terminated by either
tarty. Should Subscriber vacate the premises this Agreement may also be terminated by either party. In cue of such
terndetkm. thirty 1301 days' writtan notice Mall be doliverW by eider parry to the other.
E. SCHEDULE OF MAINTENANCE AND/OR MONITORING SERVICE_--- - -- -------
Type of Protective Signaling System: ..Signal Trmsmbsim Equipment:
Matntanena Service
Number signals to be nonrestricted L i
E. W., Inc. Emergency Servia Response
Ray Sepia
_,r-_ •Corr ctim to E. W„ 1nc.'s Central Station ( Hutchinson Police Dept. )
Automatic Oialor Traemitting Unit to be used for notification wet Subscriber's telephone lines of
Law Enforcement Agency having jurisdiction. (Agency Name: 1
Digital Communkmor no be used for notification of E.W., Inc.'s Central Statim war Subscriber's
telephone lines.
v
•Liver Meed from m MFWlona company will W I..W IW by Mam In wmr with mFtl
ir fndtreasurer.
e asurer.
•IMPORTANT: Signal transmission Sentiment and me mpioe receiving pWpment at me monirwMti Vernon, Mand Mall
remin, fed rya property, of E.W., Inc. Upon ermirerXln of mal Apmmm. fpr ata anon whomoevir. E.W., Inc, mall moa
M ret to Inst Mt Sub tri tes', oremiM abs rarMya its ipripmmt m omirwo wimaut IMdllty for damp neeewliV dare
S. ENTIRE UNDERSTANDING. Ssasnio r aokno tuipee of of a sow of mal Austrians. This Aremant creirs eel anti.
rrndanmdine of ma Poster and tsprrdeo any omen oral or rittsn assessment. or nptaantlsiou.
e. E. W. INC. M NOT AN INSURER -L WITATION OF LIABILITY. It is undonfood sod stud W and Winston mss porter horaw mat
S.W. Int. a not an inwm nos is mea Agrewmnt Intanmd to W an Inlurapt owl rtv, or a suWnwtt for an nouranca policy. Imun ors. if any,
"I W mitered W Subrlber. Pw b Provided for herein a. Wed solely upon this now of the sarvicn orwidee for, and ata unMated to
M Wlw of SumroaF. yroYerro, w me Property pf ittMn w $ubnibr's woman. The amount. payable W Superlbaf want sunken, to
werern E.W.. Inc, ser M any risk of comeouantial or, outer drmpel w Subcriber der as E.W., Inc.'s resignw or failure to prof".
Subosnbsr dor mo dei. this AmMmvm to wwida for de Iimility of E.W., Inc., and Ssrbecribar area. mat E.W., Ian. mall not W UMW for
Ips or ftN dui i irrdy or So irscw to any, occunrKe or amvX wcn mrafrorn whish the System is detwed on pant or avert. 11 E. W.,
Ian. Should W found foot. for loss or domar out to • fall. on me Pat d E. W. Ian. or one Syreln, in Any ne sL Its Is it mel W
nimtld M tle Surd m SubcriM of an amount purl to six ISI times the loco monthly Chugs ahOwn Wrsin, w to me wan of Two Hundred
Fifty 13250.001 OPllrs, whichmr wan mall be Its, and this IieWity melt W axslwM. This rpei.ion. of Into praprWNr Shot eery in dve
wont hoe or bnrpa, inrySstM of cps or origin, In ministry or indirnSN to person or wVperN from ON penormarp p
rlw9MarrraKe A M ebliaallarrs rt frm w tht tlsrre W mob Apeerem, r from ntgyrKA, and a pmwwist, of E. W., Ise., is opine.
r anWww.
T. E. W., INCA LIABILITY. E. W., tpe. das not repnwnt a ernan< mor ma Seem may res W comramlwd or cirrrmantM: that the
Snvn da mwNnt son IW W Wrpa.. heli fins or oderws: or Mat Me Sveltsrr vin in of pet wovide me oni ecdw for, Mid it is
iSNWlid a wendd. Superiber acknordadp. ant E. W., IM. is not an Irburer, mss Subrrlber seams 61 mak for Ioe or dwnspa to
BYWriM't pm.es or In in twwnr, mon E. W., Ian. he nNb M .owe W,l r wenansie, nor her SubriWr ivied on on,
rtpwntlsiwN
or Sansinw, Soviets or wptMd,.xc.yt w or form Main, abs SuberiWr rkp ocbn met M he reed abs uMantanp Mia
Aaoarenf. W IiCaleny PraaNsh B.bop Mich wts from E. W.. Inc -'i obligation sod rnaaarnrm liability, in me sant of On, Ips at thereof to
SubNribr. E.W., INC. MAKES NO OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING WARRANTIES Of MERCHANT
ABILITY AND FITNESS FOR A PURPOSE. EXCEPT FOR PERSONAL INJURY, E.W., INC. SHALL NOT BE LIABLE FOR DIRECT,
CONSEOUENTIAL, OR INCIDENTAL DAMAGES. YOU, THE SUBSCRIBER,MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR
TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF
Arend:
St. Purl klcy 1 , 19_118.
'
ELECT, DyyATNMAS N,INC.✓
N �/1!.»1 i L IyF • Y/,(.7�_L.-G(/-yQsa'
Its Vice-president
SbtrumedW Marjorie E. Bertram
Fal`ralxld t�<dJf �R 13Li /iifii!�
9Y
AumIXwd RerrassntnM
THE TERMS AND CONDITIONS CONTAINED ON REVERSE
SDE OF THIS AGREEMENT ARE INCORPORATED HEREIN
AND EY REFERENCE MADE A PART HEREOF.
0
•
0
MITI: OFFICE CANARY: $UN high //{n/n
/ tel.
0
0
O (612) 587.5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0
DATE: May 2nd, 1988
TO: Mayor and City Council
FROM: Director of Engineering
RE: Project No. 88-31, Waller Drive Improvements
Accompanying for the Council's consideration are the Engineer's Report and
pertinent resolution initiating proceedings for the project. For reasons of
notification, the earliest possible date for the improvement hearing is May
24th, as stated on the resolution calling a hearing.
EA/pv
attachmen
Re etfully witted,
Eugene Anderson
Director of Engineering
ENGINEER'S REPORT
CITY OF HUTCHINSON
DATE: May 29 1988
T0: Mayor and City Council
FROM: Director of Engineering
SUBJECT: Project No. 88-31
I have studied the following areas and find that the proposed project is
feasible and recommend it be constructed. If acceptable, I recommend a
hearing be held on the 24th day of May, 1988.
Project No. 88-31 - Waller Drive from 6th Avenue N.E. to Approximately 430'
North of 6th Avenue N.E. by the Construction of Bituminous Surfacing and
Appurtenances.
Construction Cost
Engineering
Fiscal and Miscellaneous
Land Acquisition
Capitalized Interest
8.400.00
588.00
588.00
0.00
672.00
ESTIMATED TOTAL------------------------------; 10.248.00
Assessable Cost ; 10.248.00
Deferred Assessable Cost 0.00
City Cost 0.00
ESTIMATED TOTAL ------------------------------5 10.248.00
R spectfully ubm�
Eugene nderson
Director of Engineering
0
0
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
PROJECT NO. 88-31
Resolution No. I=
WHEREAS, pursuant to resolution of the Council adopted April 26th, 1988,
a report has been prepared by Eugene Anderson with reference to the
improvement of Waller Drive from 6th Avenue N.E. to Approximately 430, North
of 6th Avenue N.E. by the Construction of Bituminous Surfacing and
Appurtenances, and said report was received by the Council on May 10th, 1988.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
MINNESOTA:
1. The Council will consider the improvements of such streets in
accordance with the reports and the assessment of benefitted property
for all or a portion of the cost of the improvement pursuant to Minnesota
Statutes Chapter 4290 at an estimated total cost of the improvement of -
=10,248.00.
2. A Public Hearing shall be held on such proposed improvements on the
24th day of May, 19889 in the Council Chambers of the City Hall at 8:00
P.M., and the Clerk shall give mailed and published notice of such hearing and
improvements as required by law.
IaAdopted by the Council this 10th day of May, 1988.
City Administrator
0
Mayor
r
,fetal �'ronts9e 4'!%S' s
W= u
N y
.. .. • K 1:
UU hm M K W N SOC. 31, 1b1 N. AisW'
Fri -.'•.'f (OF W V2 SEC. 32, 1 T Ii7. R 29
0
a
0
(612) 587.5151
f/UllH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0
DATE: May 2nd, 1988
TO: Aayor and City Council
FROM: Director of Engineering
RE: Layout Approval for T.H. 22
The Minnesota Department of Transportation has submitted a preliminary layout
for the proposed 1989 reconstruction and restoration of T.H. 229 a portion of
the project being between the south corporate limits and Fair Avenue -.------
Included in the proposed improvements is widening the roadway to a width of 52
feet with curb and gutter on both sides of the street and surfaced shoulders.
The design will provide for two lanes of through traffic with right turn lanes
at Fair Avenue, Oakland Avenue, and at commercial and industrial driveways
accessing the highway. A copy of the layout will be available at the Council
Meeting should further details be needed.
. A preliminary estimate of the City's share of the project cost, as provided by
Mn/DOT, is $90,0009 all of which is eligible for federal aid urban funding.
Attached is a resolution for layout approval that Mn/DOT has requested, and
that I recommend be adopted by roll call vote so that the status of the
project can be advanced.
EA/pv
attachmen
0
Respectfully submitted,
LU
EuEu en rson
g
Director of Engineering
RESOLUTION FOR LAYOUT APPROVAL FOR T.H. 22
Resolution No. 8787
At a meeting of the City Council of the City of Hutchinson, Minnesota,
held on the day of 1988, the following Resolution was
offered by ,
seconded by ,
to wit:
WHEREAS, the Commissioner of the Department of Transportation has prepared
a preliminary layout for the improvement of part of Trunk Highway Number 22,
renumbered as Trunk Highway No. 22, within the corporate limits of the City of
Hutchinson, from the south corporate limits. to Fair Avenue; and seeks the
approval thereof, and
WHEREAS said preliminary latyouts are on file in the Office of the
Department of Transportation, Saint Paul, Minnesota, being marked, labeled, and
identified as Layout No. 1 S.P. 4307-25 (22=22) from Bridge 4913 to Fair Avenue.
NOW, THEN, BE IT RESOLVED, that said preliminary layouts for the improvement
of said Trunk Highway within the corporate limits be and hereby are approved.
Upon the call of the roll, the following Council Members voted in favor of
the Resolution:
The following Council Members voted against its adoption:
whereupon the Mayor and/or presiding officer declared the Resolution adopted.
Adopted this _ day of , 1988.
City Administrator Mayor
STATE OF MINNESOTA )
COUNTY OF MCLEOD )
CITY OF HUTCHINSON }
I do hereby certify that at said meeting (o€ which due .and legal notice
was given) of the City Council of Hutchinson, Minnesota, on the _ day of
, 1988, at which a majority of the members of said Council
were present, the foregoing resolution was adopted.
Given under my hand and seal this _ day of 1988.
City Administrator
&?',off'(612) 587-5151
!/LITCHI CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O
DATE: May 2nd, 1988
TO: ,-Mayor and City Council
FROM: Director of Engineering
RE: Change Order No. 1, Letting No. 10, Project No. 88-20
Attached for the Council's consideration and approval is the referenced Change
Order pertaining to the pending improvements in Lakewood Terrace Fifth
Addition for which a Contract was awarded on April 26th, 1988. The change is
necessitated due to an error in bid quantities for the project. Certain items
had quantities that exceed the actual estimated quantities obtained upon
recomputation. The result is a reduction in the contract amount, which
reduction was reflected in the assessment roll that was adopted on April 26th.
LJ
EA/pv
attachment
0
R peetPull7, bmitted
Eugene Anderson
Director of Engineering
J
0
CITY OF HUfCHINSON
37 WASHINGTON AVENUE HEST
HUTCHINSON, MINNESOTA
55350
CHANGE ORDER 40. 1
DATE: April 26, 1988
PROJECT TITLE: Letting No. 10 Project No. 88-20
CONTRACTOR: Juul Contracting Company
1060 Hwy. 22 So., P. 0. Box 189
Hutchinson MN 55350
DESCRIPTION OF CHANGE: Due to a computational error by the Engineer in determining bid
quantities for the Proposal the hereinafter described estimated contract quantity
changes shall apply. The unit of measure for each effected item shall remain unchanged.
Neither the City nor the Contractor will request a change in unit price as a result of the
revisions specified herein. The Contractor will not make claim of any kind or character
whatsoever, for any other costs or expenses which he may have incurred or which may be
hereafter incurred in performing the work or furnishing the materials as a result of the
�n accordance with the Contract and Specifications, the contract amount shall be
adjusted in the amount x;NM (DEDUCT) _ $27,268.25
An extension of N.A. days shall be allowed for completion. The original
completion date was N.A. and now has been adjusted to N.A.
Amount of Original Contract
Total .additions
Total Deductions
Amount of Adjusted Contract
$308,420.55
$28,2.38.15
555,506.40
$281,152.30
Approved:Date: / /1988
Director of Engineering
Approved:
Approved:
Approved:
Mayor
City Administrator
Date: /,27/1988
Date: / /1988
Date: / /1988
9-2)0
CITY OF HUTCHINSON
CHANGE ORDER NO. i
PAGE 2
PROJECT TITLE: Letting No. 10, Project No. 88-20
WORKSHEET
ESTIMATED CHANGE IN COST
ITEM NO.
ITEM NAME
UNIT
QUANTITY
UNIT PRICE CONTRA
AMOUNT
DECREASE ITEMS:
S
S
32
12" RC Pipe Storm Sewer CL2
L.F.
529
14.50
7,670.5
33
12" RC Pipe Perf. Storm Sewer CL2
L.F.
290
19.90
5,771.0
4S
Common Excavation (EV)
C.Y.
3782
0.95
3,592.9
46
Aggregate Base Placed, CLS (CV)
C.Y.
4580
8.40
38,472.0
TOTAL DECREASE ITEMS=------------ =-----
----
--------
------------
$55,506.5
INCREASE ITEMS:
32
12" RC Pipe Storm Sewer CL2
L.F.
594
14.50
$ 8,613.
33
4S
46
12" RC Pipe Perf. Storm Sewer CL2
Common Excavation (EV)
Aggregate Base Placed, CL5 (CV)
L.F.
C.Y.
C.Y.
240
3013
1427
19.90
0.95
8.40
4,776.0
2,862.3
11,986.8
TOTAL INCREASE ITEMS-----------------------------------------------
$28,238.1
NET *K)Be68B(M DECREASE $27,268.2
0
r
(612)587.5151
ITY OF `HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON. MINN. 55350
M E M 0
DATE: May 2nd, 1988
TO: `Mayor and City Council
FROM: Director of Engineering
RE: Project No. 88-32, McClure's Second Addition
The accompanying Engineer's Report and associated resolutions initiate
proceedings for utility and grading improvements on McClure's Second
Addition. If the resolutions are adopted, an improvement hearing would be
scheduled for the May 24th Council meeting. Approval by the Council is
requested.
EA/pv
attachments
spectfulub fitted,
IA� 4M
Eugene Anderson
Director of Engineering
9-E
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
PROJECT NO. 88-32
Resolution No. 8788
WHEREAS, it is proposed to improve Campbell Court in McClure's Second
Addition by the Construction of Sanitary Sewer, Water Main, Sewer and Water
Services to the Property Line of all Buildings or Buildable Sites, Storm
Sewer, Grading, Aggregate Base, and Appurtenances; and
WHEREAS, it is proposed to assess the benefitted property for all or a
portion of the cost of the improvement, pursuant to Minnesota Statutes,
Chapter 429,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
MINNESOTA:
That the proposed improvement be referred to Eugene Anderson for study
and that he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as proposed
or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
Adopted by the Council this 10th day of May, 1988.
City Administrator
Mayor 0
i
9-�
is
0
ENGINEER'S REPORT
CITY OF HUTCHINSON
DATE: May 2, 1988
T0: Mayor and City Council
FROM: Director of Engineering
SUBJECT: Project No. 88-32
I have studied the following areas and find that the proposed project is
feasible and recommend it be constructed. If acceptable, I recommend a
hearing be held on the 24th day of May, 1988.
Project No. 88-32 - Campbell Court in McClure's Second Addition by the
Construction of Sanitary Sewer, Water Main, Sewer and Water Services to the
Property Line of all Buildings or Buildable Sites, Storm Sewer, Grading,
Aggregate Base, and Appurtenances.
Construction Cost i 45.500.00
Engineering 3.185.00
Fiscal and Miscellaneous 3.185.00
Land Acquisition 0.00
Capitalized Interest 3,640.00
ESTIMATED TOTAL ------------------------------3 55,510.00
Assessable Cost
Deferred Assessable Cost
$ 55,510.00
0.00
City Cost 0.00
ESTIMATED TOTAL ------------------------------i 55,510.00
R pectfully u\�
Eugene Anderson
Director of Engineering
9-JEI
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
PROJECT NO. 88-32
Resolution No. 8789
WHEREAS, pursuant to resolution of the Council adopted May 10th, 19889
a report has been prepared by Eugene Anderson with reference to the
improvement of Campbell Court in McClure's Second Addition by the Construction
of Sanitary Sewer, Water Main, Sewer and Water Services to the Property Line
of all Buildings or Buildable Sites, Storm Sewer, Grading, Aggregate Base, and
Appurtenances, and said report was received by the Council on May 10th, 1988.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
MINNESOTA:
1. The Council will consider the improvements of such streets in
accordance with the reports and the assessment of benefitted property
for all or a portion of the cost of -the improvement pursuant to Minnesota
Statutes Chapter 429, at an estimated total cost of the improvement of
$55,510.00.
2. A Public Hearing shall be held on such proposed improvements on the
24th day of May, 19889 in the Council Chambers of the City Hall at 8:00
P.M., and the Clerk shall give mailed and published notice of such hearing and
improvements as required by law.
Adopted by the Council this 10th day of May, 1988.
Mayor
City Administrator
�J�
L_�
$331,329.75
CENTRAL GARAGE FUND
REGULAR COUNCIL MEETING
May 10, 1988
employer contribution
& SEWER FUND
*PERA
employer contribution
.WATER
*Withholding Tax Account
employer contribution
$548.85
Standard Spring Co.
*PERA
employer contribution
310.59
repairs
*American National Bank
principal,interest,fees
65,633.00
9.41
*American National Bank
interest & fees
11,657.50
Carquest Auto Parts
*U.S. Postmaster
meter postage
59.62
parts
Pam Lindahl
working parent seminar
11.40
1186.07
Willard Pellinen
survey & sewer line location
800.00
Flexible Pipe Tool Co.
parts
195.98
Farm Plan(Schramm Implement)
grease
18.00
Scott Hansen
VHS tapes
12.50
Henry Heinecke
computer class fee
25.00
Gerald Lanz
computer class fee
25.00
Richmar Construction
high service pump #4
2958.15
American National Bank
interest
201,506.25
Abbott Electronics
parts
52.50
Ag Systems Inc.
parts
10.95
Allen Office Products
supplies
12.93
Cash Drawer #4
misc. supplies
3.82
Coast to Coast
supplies
63.62
Commissioner of REvenue
April sales tax
798.62
County Market
distilled water
22.68
Electric Motor Co.
motor and motor repairs
100.90
Electro Watchman Inc.
annual charges
354.00
Erickson More 4
band aids
2.75
Farm & Home
Feed Rite Controls Inc.
supplies
supplies
1.02
735.44
G & K Services
uniform rental
105.00
Hutch Utilities
electricity and gas
10,196.96
Hutch Wholesale
supplies
1.66
Junker Sanitation
refuse charges
32,927.40
Juul Contracting Co.
repair water leak
355.55
Mn. Mutual Ins. Co.
May life ins.
39.68
McLeod Landfill Inc.
april dumping charges
26.50
Mn. Valley Testing Inc.
testing
152.00
Power Process Equipment
prof. services
345.75
Rutz Plbg. & Htg.
parts
3.40
Sears
supplies
11.28
Waldor Pump
supplies
59.74
Water Products
meter & parts
1183.76
$331,329.75
CENTRAL GARAGE FUND
*Withholding Tax Account
employer contribution
$ 85.18
*PERA
employer contribution
48.20
M -R Sign Co. Inc.
responder
102.47
Standard Spring Co.
parts
386.20
Brandon Tire
repairs
97.00
to Coast
parts
9.41
•Coast
Farm & Home
supplies
13.34
Carquest Auto Parts
supplies
754.78
Hutch Wholesale Supply
parts
363.42
MTI Dist. Co.
parts
1186.07
Mn. Mutual Ins. Co.
May life ins.
6.82
-2 -
Northern State Supply supplies 22.96
Schmeling Oil Co. oil 49.30
Swanke Motors Inc. parts 227.20
Wignen Chev. Co. parts 30.25
$3382.52
GENERAL FUND
*Dept. of Natural REsources
registration fees
$ 68.00
*Good Music Agency Inc.
retainer fee
450.00
*Withhold Tax Account
employer contribution
3736.18
*Ordway Music Theatre
balance on 46 tickets
110.00
*McLeod Co. Treasurer
calcium chloride treatment
1848.00
*U.S. Postmaster
sr. citizens May newsletter
133.99
*ICMA Retirement Corp.
employer contribution
156.20
*PERA
employer contribution
4360.57
*Dept. of Natural Resources
registration fees
129.00
*Dept. of Natural Resources
registration fees
131.00
*Dept. of Natural Resources
registration fees
150.00
*Dept. of Natural Resources
DNR registration fees
258.00
*U.S. Postmaster
postage for meter
648.00
*Ramada Inn
room reservation
150.00
*Dept. of Natural REsources
DNR registration fees
148.00
*U.S. postmaster
postage for water bills
159.97
Lindahl
working parent seminar
36.22
•Pam
Katherine Stouvenel
meeting milage & expenses
107.42
James Reid
variance refund
45.00
Earl Alsleben
%safety shoes
30.00
Russell Johnson
%safety glasses
40.00
David Franzen
12 firemen 2 nites seminar
829.94
Am. Planning Assn.
dues
141.00
Carrot Top Industries
supplies
76.00
Dept. of Natural REsources
permit fee
50.00
Dept. of Natural Resources
permit fee
50.00
Foreman & Clark
supplies
168.00
Greenbriar Floral
secretary day flowers
79.84
Hutch Bowl
23 games
23.00
Intl Conf. of Bldg. Officials
2 bldg. code books
87.70
Ice Skating Inst. of America
skating badges
206.50
Marks TV Service
repair PA system
59.50
McLeod Co. Historial Society
31 pledge for '88 maintenance
2500.00
Metropolitan Fire Equipment
parts
238.41
Motor Vehical Mfrs.Assn.
vehicle identification manuel
7.00
Mn. City Management Assn.
dues
35.00
Natl Auto Dealers
used car guide
35.00
Peters
meeting expense
35.00
Preston Corp.
equipment
175.11
Rod Portele Electric
repairs
7.83
Radission Hotel Duluth
22 rooms duluth tour
1172.16
•R..E.
Mooney & Assoc.
S. S Arts & Crafts
supplies
supplies
345.00
381.30
Tech Institute of Hutchinson
2 training drills
300.00
Thunderbird Motel
hotel -Robert Ringstrom
195.36
UP & Away Balloons
25 balloons
13.00
Worum Chemical Co.
chemicals
62.90
-3-
A & B Electric
repairs
$ 136.09
Allen Office Products
office supplies
682.56
Amoco Oil Co.
monthly service charge
5.00
Automation Supply Co.
office supplies
16.36
Brandon Tire
repairs
4.75
John Bernhagen
May compensation
1738.14
Carquest Auto Parts
supplies
29.21
Carr Flowers
plants & flowers -employees
63.00
Cash Drawer #4
mist supplies
83.94
Chapin Pub. Co.
1988 street proj.ads
640.90
Crow River vet Clinic
boarding fees dogs
24.00
Coast to Coast
supplies
388.45
Coca Cola Bottling Co.
supplies
618.00
Commissioner of Revenue
Apr. sales tax
1042.98
Copy Equipment Inc.
repairs & supplies
326.59
Co. Treasurer
'jF real estate taxes
710.65
Co. Treasurer
dl fees
112.00
County Market
supplies
90.87
Charles Bailly & Co.
audit fees
6700.00
Culligan Water Cond.
May service
14.00
Communication Auditors
battery
95.56
Crow River Press Inc.
letterhead & envelopes
168.86
Don Streicher Equipment.
equipment
62.90
Doug Jost
April comp. & mileage
1251.71
Co. Recorder
cont. abst. & recording fees
51.00
Davis Bus. Machines
supplies
50.77
•Ed
Family Rexall Drug
supplies
161.50
Farm & Home Inc.
supplies & parts
89.94
Farmers Elevator
supplies
65.50
Forestry Suppliers
supplies
368.89
Floor Care Supply
supplies
1914.31
Fitzloff Hardware
supplies
255.85
G F Nemitz &Sons
paint et c.
153.70
Guardian Pest Control
pest control
39.85
G & K Servicse
uniform rental
414.78
Hager Jewelry
UPS charges
3.10
Henrys Candy Co.
supplies
371.30
Home Bakery
apr. charges
16.50
Hutch Drug
film
9.28
Hutch Leader
circus ads & other notices
1669.99
Hutch Police Dept.
informant info
50.00
Hutch Plbg. & Htg.
parts
9.50
Hutch Utililities
electricity & gas
7414.83
Hutch Wholesale Supply
supplies
38.80
Hutch Fire & Safety
service extingushers
72.20
HCVN channel 110. .
franchise payment
750.00
Ind. School Dist. 423
work study student
168.00
Ink Spots
supplies
248.60
Ideal Shop Shop
sewing repairs
5.00
K Mart
supplies
60.56
Sport Shop
trophies
68.00
•Joes
L & P Supply
supplies
21.05
Law Enforcment Equipment
supplies
1411.68
League of Mn. Cities
registration fees
780.00
Marco Business Products
repairs
145.21
Mn. Mutual Ins. Co.
May life ins.
496.62
Mankato Mobile Radio
repairs
$ 145.89
Mankato Bus. Products
repairs
45.00
Mn. U. C. Fund
unemployment benefits
485.90
Midcontinent Theatre
May rent
350.00
McGarvey Coffee Co.
coffee -police
88.80
National Fire Prot. Assn.
subscription
17.50
Quades Sport Shope
shirts
529.36
Nothern State Supply
parts
93.37
Gary Plotz
railroad meeting
7.38
Rite Way Auto Wash
bus washings
7.50
Rockite Div. of Bremix
supplies
6.00
Rutz PLbg. & Htg.
repairs
55.24
Sewing Basket
repairs
16.96
Shopko
cassettetapes
14.94
Standard Printing
trip receipt & summer calendar
1367.00
Tri Co. Water Cond.
salt and rental
60.50
Uniforms Unlimited
police supplies
95.18
Viking Signs
repairs
55.00
UnitedBldg. Centers
supplies
138.67
Xerox Corporation
maintenance & contract payments
697.17
Wigen Chev.
parts
20.00
Wm. Mueller & Sons
street materials
1496.98
$ 58,346.97
•
BOND FUNDS
Police Const. Fund
Floor Care Supply
equipment
$2702.50
Bonds of 1988
Helen G. McClure
storm sewer easement
3000.00
Bonds of 1987
Wm.Mueller & Sons
est. til
57,300.25
Juul Contracting
disconnect water service
575.50
Am. National Bank
interest
37,300.00
1984 Parking Bonds
First Trust Bank of
Mpls.
paying agent fees
544.25
Bonds of 1984
First Trust Bank of
Mpls
paying agent fees
536.75
Bonds of 1979
Norwest Bank Mn.
interest & agent fees
8514.45
Bonds of 1977
. Norwest Bank Mn.
prin cipal,interest,fees
83,968.80
Library Const.Fund
Gaylord Bros.
book displayer
505.50
Grolier Educational
Corp.
educational books
47.00
Library Bond Debt Service Fund
First Trust Bank
paying agent fees
563.75
9- 5
Bonds of 1984
1st Bank of Minneapolis
wire transfer funds
bond principal & interest 1.10,625.00
Library Debt Service Fund
1st Bank of Minneapolis wire transfer funds
bond principal & interest 56,175.00
Parking Bonds of 1984
1st Bank of Minneapolis wire transfer funds
bond principal & interest 77,993.75
MUNICIPAL LIQUOR STORE
Johnson Bros Wholesale
Quality Wine &Spirits
•Griggs Cooper & Co.
Ed Phillips &Sons
wine &
liquor
$1549.43
wine &
liquor
2107.83
wine &
liquor
1463.64
wine &
liquor
1895.27
AI3NOLD & McDOWELL
DAVID H. ARNOLD ATTORNEYS AT LAw
CHARLES R. CARMICHAEL 101 PARK PLACE
MICHAEL R. LCHARON 5881 CEDAR LAKE ROAD
GARY D. WDOWELL HVTCRINSON, MINNESOTA 55350 M1NN OLIS. MINNESOTA 55415
PAYE ENOWLES (812) 587-7575 (812)545-8000
STEVEN A. ANDERSON L FREE 800-343-4545
O. HARRY ANDERSON RESIDENT ATTORNEY
STEVEN S. HOGE G. HARRY ANDERSON 01 SOUTH FOURTH STREET
CHARLES L. NAIL. JR. t RINCETON, MINNESOTA 55371
LAURA E. FRETLAND �I (512) 388-2214
DAVID A. SRURGGEMANN/(b �627' 2
JOSEPH M. PAIEMENT z
^ r)� 8 9]
JAMES UTLEY
April 26, 1988 7 ru-
n, '1988
N �
Mr. Gary D. Plotz �+
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350 - - - -FOR YOUR INFORMATION
Re: Request for Anti Pornography O inance
Dear Gary:
On March 24, 1988, Reba Radtke, a resident of the City of
Hutchinson, addressed to Marlin Torgerson a request for an anti
pornography ordinance. Councilman Torgerson properly referred
the request to my attention for study and appropriate response,
since ultimately this office would be responsible for enforcing
any such ordinance.
It is my recommendation at this time that the City of Hutchinson
draft no such ordinance, but not because the City wishes to
encourage pornographic literature.
There are several reasons why it is not appropriate at this time
for the City to draft such an ordinance. First, the request is a
result of legitimate concern over the cablecasting powers of a
television cable franchisee. However, by federal statute, muni-
cipal authority in this area has largely been preempted. With
severely limited exceptions, municipalities have few statutory
and constitutional rights that do not derive from either state
government or the federal government. As such, when Congress
chooses to exercise its legitimate right to regulate this area,
it is questionable that a community can step in and enact such
regulation.
Second, I have significant First Amendment concerns as to whether
or not the City of Hutchinson can draft such an ordinance and --
0
Mr. Gary D. Plotz
April 26, 1988
Page 2
0
make it stick. Some of these First Amendment concerns relate to
the point I just mentioned with regard to the authority of the
federal government, but also with regard to the broader question
of whether or not the City at this point has the desire to spend
the time and money necessary to prepare such an ordinance. As
you are no doubt aware, almost upon enactment, ordinances which
seek to restrict the dissemination of information and beliefs are
challenged by a variety of groups. It is frankly almost a knee
jerk reaction, but the fact that such a reaction is likely to
occur provides ample reason for the City to be very careful in
drafting such legislation. I would be hesitant to put together
appropriate language without spending many weeks and perhaps
months studying other ordinances and spending a great deal of
time attempting to insulate any -municipal ordinance from -consti-
tutional attack. In view of the absence of any current problem,
I'm not certain this is a wise use of municipal resources.
Third, I might point out that under the Retainer Agreement bet-
ween this office and the City of Hutchinson, all appellant work
is properly excluded and thus any defense of the ordinance would
be an unbudgeted item that the City would have to cover. Since I
don't know what the issues would be at this time, I cannot pro-
ject the extent of the charges, but my prior experience indicates
that litigation over constitutional issues is not cheap.
Finally, the northern metropolitan suburbs, all part of one cable
group, recently retained an attorney -for the -purpose --o€ - investi--
gating whether or not they had the authority to enact such regu-
lation and the final conclusion was that it was 'uncertain," and
probably not worth the effort. At this point, I concur in that
assessment.
I recognize these are sensitive concerns and I have not reached
the opinion outlined here lightly. on balance, I believe the
City of Hutchinson need not and should not enact an anti por-
nography ordinance for the regulation of the content of
programming allowed over local cable channels.
I hope I have adequately addressed the issues raised by this
request. If you have any questions with regard to this matter,
please do not hesitate to contact me.
Thank you.
very truly yours,
ARNOL c LL
AA n �---
G. Ba A erson
GBA:lm
(612) 587-5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
April 27, 1988
Mr. Ed Ide
McLeod County Auditor
McLeod County Courthouse
830 -11th St. E.
Glencoe, MN 55336
RE: Calcium Chloride Treatment on Les Kouba Parkway
Hutchinson, MN
Dear Mr. Ide:
i
FOR YOUR INFORMATION
In accordance with the recent advertisement in the local newspaper and
conversations with County Highway Engineering Department Staff, the City of
Hutchinson requests that the County furnish and apply calcium chloride on
Les Kouba Parkway from approximately James Street to the Frontage Road along
Hwy. 7. The roadway is located in the Southwest Quarter of Section 31,
Township 117 North, Range 29 West, and in the Southeast Quarter of Section 36,
Township 117 North, Range 30 West. Its length is 5,280 feet, and at the
quoted price of $35 per 100 feet, the cost would be $1,848.00. A check in
that amount is encloded herewith.
It is my understanding that the chloride will be applied twenty feet in width,
and that there will be two applications, one about Memorial Day and on about
Labor Day. The roadway has a history of soil instability and this spring has
been no exception. Therefore, at least a week before the work is to be done,
Mr. Doug Meier, City Maintenance Operations Supervisor (612-587-5151, Extension
218), should be contacted to determine the feasibility of the first application.
Likewise, if there are any questions or if additional information is needed
regarding this project, please call Mr. Meier.
Thank you.
Sincerely,
CI
TY
OF ,HUTCHINSON
Eugene Anderson
Director of Engineering
is .
enc
enc.
cc: Mayor and City Council
Doug Meier/Larry Karg
(612) 587.5151
71U7CN' CITY Off` HUTCHINSON
37 WASHING [ON AVENUE WEST
HUTCHINSOA(MINN. 55350
FOR YOUR INFORMATION
M E M 0
DATE: April 27, 1988
TO: Gary D. Plotz, City Administrator
FROM: James Marks, Building Official
RE: Verification of Adoption of Local Ordinance Prohibiting
Septic Systems Without a Variance
As we have discussed, attached is a letter from the Pollution Control Agency
directing us on the procedural requirements necessary to permit installation
of a Septic System.
Please verify that the ordinance is in place so Mr. Jim Reid's Variance and
proposed development located at Hwy. 7 West can be acted on at the May 1988
Planning Commission Meeting.
Respectfully submitted,
games Marka
Building Official
JM/pv
attac t
cc:' yor & City Councll-�,
Randy DeVri-- e' s, biMxrof W/WW Operations
Ren Merrill, Finance Director
Eugene Anderson, Dir. of Engineering
Planning Commission Packet
Bonnie Baumetz, Planning Comm. Secretary
Barry Anderson, City Attorney
E
Minnesota Pollution Control Agency
VOU
April 25, 1988
Mr. James G. Marka
City of Hutchinson
37 Washington Avenue, W.
Hutchinson, Minnesota 55350
Dear Mr. Marka:
RE: Request to Add One Septic System
I am responding to your letter dated April 12, 1988, requesting information
on the situation with Mr. James Reid's septic system. When the City of
Hutchinson accepted a federal/state grant to construct a new wastewater
treatment facility, one of the requirements was the City needed to pass a
local ordinance to prohibit the installation of septic systems within the
Zityrs sewer service area. Once the ordinance is passed, the Minnesota
Pollution Control Agency's position is any single home variance to the
ordinance is a local issue between the City and homeowner.
If you have any questions, feel free to call me at (612) 296-7204.
Sincerely,
Patrick C. Hanson
Regulatory Compliance Section
Division of Water Quality
PCH/jms
Phone:
520 Lafayette Road. St. Paul, Minnesota 55155
Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester
Equal Opportunity Employer
11
0
0
0
Steve Dine
District 21 A
Meeker -McLeod -Stearns Counties
Committees:
Governmental Operations
Agriculture
Economic Development and Housing
Labor -Management Relations
April 29, 1988
Paul Acklund, Mayor
City Council Members
Hutchinson, MN 55350
Dear Paul and Council Members:
Minnesota
House of
Representatives
FOR YOUR INFORMATION
I would like to acknowledge receipt of your transportation
resolution which was dated March 22, 1988. I have followed
through with the recommendations you make in the resolution.
I did vote for the highway funding package which was put
together by the Transportion Finance Study Commission. The
proposal calls for a 3 -cent increase in the gas tax and a 30
percent transfer of the motor vehicle excise tax to the
highway fund.
The chief author of this legislation was Rep. Henry Kalis
(DFL), Walters, Minnesota. I am enclosing for your review a
copy of his letter to me following the vote on this very
important bill. His letter outlined some of the highway
projects that will be funded in the Hutchinson area because
of my support for this legislation.
Again, I want to thank you for communicating with me on this
important issue. It is helpful for me to hear from people
such as you who are directly involved in some of these
important issues.
In the future, please do not hesitate to contact me again.
Sincerely,
,J -
Steve Dille
State Representative
to: ❑ 227 State Office Building, St. Paul. Minnesota 55155
El Rt. 2, Box 73, Dassel, Minnesota 55325
Office: (612) 296-4344
Home: (612) 275-2974
Henry I Kalia
District 29B
Blue Earth-Fariboult-Freebom-
Martin-Waseca Counties
Committees:
Transportation, Chair
Appropriations
Agriculture, Transportation and
Semi -State Division
Agriculture
Agriculture Finance Division
Judiciary
TO: Rep. Steve Dille
FROM: Rep. Henry Y:.alis
DATE: April 25, 1988
RE.: Highwav F undi.nq Bill
Minnesota
House of
Representatives
Fred C. Norton, Speaker
I thOUCIr,t you would be interested to know that the highway
fundinq we. recently passed included some projects and funds
that will be going back: to your district.
State Trunk Hi.ahway Projects:
Hwy 2' -- 6686,OtJU for 2 bridge replacement projects
south of Hutchinson, let Jan '90
Hwy :% -- 4S t . ? ma -)or reconstruction in Hutchinson,
let July '8P
Hwv IS -- 41.4 Million major reconstruction project in
Hutchinson with traffic signals, plus
additional 4i.1 Million to resurface to Hwy
212, let Mar. '88.
(:r,. Sreg te. Hid:
Meeker- County 4256,000
P'I.:i_ead County
296 72
'ILMI- _pal State Aid:
H_ttchineon 4 '7.486
Litchfield 31.914
Thank: .,.o,. for yOLrF 5trnpert of the funding bill. If VOL(
have any additional questions on projects in your district,
feel free to call me, my aide or Pat Hughes, the District
Engineer- from District B.
Reply to: ❑ 543 State Office Building, St. Paul, Minnesota 55155 Office: (612) 296.4240
Route 1, Box 55, Walters, Minnesota 56092 Home: (507) 294-3147
0
0
r -:;m
•
0
0
I7MIN
EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL
FOR YOUR INFORMATION
DATE April 28, 1988
ADDRESS
• Richard Thompson 8 R 2, Hutchinson
JOB TITLE Street Maintenance Helper
SUPERVISED BY
Larry Karg
EMPLOYMENT STATUS XNEW EMPLOYEE
FULL TIME
PAY RATE IN
COMMEN
OTHER:
% PART TIME OR SEASONAL
Summer
THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL
POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS.
h4tid Wela,,67_
DEPARTME AD
�,Jt
PERSONNEL COORDINATOR
=HGL140- 4/21;88
HUTCHINSON UTILITIES COMMISSION
HUTCHINSON, MINNESOTA
BALANCE SHEET
MARCH 31, 1988
PAGE i
FOR YOUR INFORMATION I
w w w w w w w w ..' w w w w w w w w* IUTAL R w w w
I. 1. r 1MP11 S "I LUO 1
LAND b LAND RIGHTS 126,300.30 12,628.10 138,928.40
DEPRECIABLE UTILITY PLANT 22,153,454.99 2,292,526.75 24,445,981.74
AL UTILITY PLANT 22,279,733.29 2,305,154.85 24.584,910.14
10,935,247.67CR _930 807.66CR _ __1_i_,8.8.6,055.33CR__ _
l0,935,247.67CR 950,801.66CR 11,886,055.33CR
CONSTRUCTION IN PROGRESS98,475.66
TOTAL UTILITY PLANT DEPREC
RESTRICTED FUNDS 6 ACCOUNTS
CONTRIBUTION - CITY OF HUTCHINSON
FUTURE EXPANSION 8 DEVELOPMENT
R1l.IGD - nmvAORL 1NOVKRNLI6
- OPERATING b MAINT RESERVE
l
983.28 1,354,347.19 12,797,330.47
-
1,368.13
1,365.13
582, 158.40 ---------_----
582, 158.44
1,776,060.00
597,000.00
2,373,060.00,
507,940.00
2,017,502..20
507,940.00
60,000.00
40,000.00
100,000.00
200,000.00
ACCOUNTS RECEIVABLE
200,000.00
208,695.78
1,167,356.16
20R.6"_7A
INSURANCE DEDUCTIBLE 30 ,000.00 300,000.00
CONTRIBUTION - CITY OF HUTCHINSON 4,676.56 4,676.56
1986 BOND RESERVE 392,000.00 392,000.0U
Al: RESTRICTED FURNS 6 ACCOUNTS 3,449,372.34 1,220,526.57 4,669,898.
CURRENT 6 ACCRUED ASSETS
SASH IN8AN1(-—�— :• -- -
132,075.67----
bb 53362
INVESTMENTS AND SAVINGS ACCOUNTS
970,493.21
2,017,502..20
2,987,995.41
CONTRACTS RECEIVABLE
51,900.84
51 900.84
ACCOUNTS RECEIVABLE
_
7221-1-461-.92
443 894 24
1,167,356.16
INVENTORIES
615.579 86
69 137 10
684 716.96
CURR_6 ACCRUED ASSETS -PREPAID INS
_45,027.69
12,836.49
57 864.18
ACCRUED INTEREST RECEIVABLE
961811.54
10.-si
169,009.35
OTHER CURRENT b ACCRUED ASSETS
75.26
75.26
TOTAL CURRENT 8 ACCRUED ASSETS
2,583 452.89_
_ _ 2,-734,-077.-56-,-------5,317,530-.45
DEFERRED CHARGE
__ BOND_ DISCOUNT 1986
97,673.99__
97.675.99
TOTAL DEFERRED CHARGE
97,675.99
97,675.99
AL ASSETS -
17,573,484.50
51308,951.32
22,882,435.82
-HGL14� 4/21 /8B HUTCHINSON LITES COMMTSSION
HUTCHINS INNESOTA
BALANCE SHEET
MARCH 31, 1988
PAGE
9
w w w ELECTRIC w w w
w w w r« GAS « w w w w
---- —
w w w w TOTAL w w w w
Tl
le. MUNICIPAL EQUITY 6 LIABILITIES
Is —__—_—_---__..—
MUNICIPAL EQUITY
1
is BALANCE YEAR END
12,818,533.79
4,634,637.48
17,453,171 27
le CURRENT PERIOD NET INCOME
185,447.70
24762._00
4331209 70
CONTRIBUTION TO CITY
73,000.00CR
75,000 OOCR
'
�s TOTAL MUNICIPAL EQUITY
12,928,981.49
4,882,399.48
17,811,380.97
9
o LONG TERM LIABILITIES—NET OF
`1 CURRENT MATURITIES
BODS ---
3,920,000.001986
3,^0 ,000.00
1r6�
TOTAL LONG TERM LIABILITIES
, , .
3,920,000.00
CONSTR CONTRACTS 6 ACCTS PAY RE
RETAIN
TOCONSTRUCTION
be IR
CRENTAC_CRUEDD LIABILITIESY ______
P*' ACCOUNTS PAYABLE
__—. ______—
476,^59 17
400 858.41
877,117.58
INTEREST ACCRUED
65,624 52
65,624.52
VII ACCT PAYABLE TO ASSOCIATED CO
20,727.27CR
1 653.28CR____
22, 380.55CR
L
ACCRUED PAYABLE -PAYROLL
31,3.,2.07
11 293.03-
62,845.10
c ACCRUED VACATION PAYABLE
80,960.51
16,048.68
CUSTOMER DEPOSITS _
70_,_783.95 _
_
9009.19
70 783.95
_
55.061,151
ns TOT CURRENT 6TACCRUED- LDIABIAPILITIEB
426,551.84
-
054.85-
t
°
--- — —X724,503.01
—
a
es TOTAL MUNICIPAL EQUITY 6 LIAR
17,573,484.50
5.308,951.32
22,882,435.82
f
a
oz
u'
G„
a
P
I)
K
b
b
s
a
k
p
HGLl10— 4/21/88
ELECTRIC DIVISION
HUTCHINSON UTILITIES COMMISSION
HUTCHINSON, MINNESOTA
STATEMENT OF INCOME 6 EXPENSES
MARCH 31, 1988
PAGE f CI i
ri
J(
w w CURRENT MONTH •+
w w YEAR-10—DATE w x
u�
INCOME STATEMENT
—OPERATING REVENUE
SALES — ELECTRIC ENERGY
652,Si3.66CR
2,022,990.48CR
NET INCOME FROM OTHER SOURCES
---
2,260.43CR
6,056 81CR
SECURITY LIGHTS
-----
1, 079.00CR
----- -- ---
3,130 ..,OCR
POLE RENTAL-
11916 25CR
TOTAL OPERATING REVENUE
655,453.09CR
______2_, 034, 094.04CR
OPERATING EXPENSES
++:
GENERATION OPERATION
28,587.44
80,178.94
no
GElERATIDN MAIMTFIJAMCE
15, 92!.83
39,087.00 •
�
TRANSMISSION OPERATION
407,846.09
1,239,417.29
;s
TRANSMISSION MAINTENANCE
8,431.76
19,800 58
+s
DISTRIBUTION OPERATION
15,759.71
50,366.22
++
DISTRIBUTION MAINTENANCE
10,107.91
33,989 79
+•�
CUSTOMER ACCTING 6 COLLECTION
6,316.37
r
CUSTOMER SERVICE A INFORMATIONAL
936.64
2,955.70
q
ADMINISTRATIVE 6 GENERAL EXPENSES
55,543.76
158,401.34
r..
DEPRECIATION
_80,000_.-00,_Z10,000.00-
_
❑:
TOTAL OPERATING EXPENSES
629 453.53
S, BB2, 926.65
m
e
OPERATING INCOME
26 001.56CR
— 151, 167.39CR _--.
�
OTHER INCOME AND DEDUCTIONS
+i
OTHER NET
1,.59.61CR
1,863.67CR
ep;
INTEREST INCOME
2B,f44.26CR
79, 804.61CR
MISC INCOME
558.88CR
612.03CR
INTEREST EXPENSE__-_ _
16,000.00
��'
e:
TOTALOTHER INCOME AND DEDUCTIONS
13,962.75CR
_48_,000.00
34, 280.3lCR
n'
i�NET
INCOME
39, 964.31CR
185, 447.70CR
,
ne
P�
A
rj
.I
ri
J(
HGL11 4:21/88 HUTCHINSMI UT ES COMMISSION
HUTCHIN MINNESOTA
GAS DIVISION STATEMENT OF INCOME 6 EXPENSES
MARCH 31, 1988
PAGE 2
0
'
r r CURRENT MONTH r r
r r YEAR—TO—DATE r r
r
r
INCONE STATEMENT
Ir
OPERATING REVENUES
'=
SALES
441,701.22CR
1,653, 499.61CR
�c
FORFEITED DISCOUNTS _ _ _
11259.28CR . _
351.53rR_
I`
TOTAL. OPERATING REVENUE
442,920.50CR
_3,
1,656,851.14CR
r
OPERATING EXPENSE
.p
_ ______
OTHER FOYER FROD EXPENSE
_ - _—
215.69
- -__ -__.—_...—_
915 2011,
__....__
r
PURCHASED GAS EXPENSE
353,101.14
1,317,520.07
,
pr
DISTRIBUTION_ OPERATION --
17,170.31
45,682 37
DISTRIPVTION MAINTENANCE
1,679.63
-- 11,142.68
I,
CUSTOMER ACCOUNTS EXPENSE
3,549.14
10,892.58
-,
n
OUST SERVICE 6 INFORMATIONAL EXP
624.43
1,990.47
.e
ADMINISTRATION b GENERAL
19,844.11
61,051.59
_1
'^
DEPRECIATION
6,400.00
19,200.00
�
TOTAL OPERATING EXPENSES
405,584.47
1,468,394.96
OPET2ATING INCOME
37,336.03CR
188,456.18CR
.z
OTHER INCOME AND DEDUCTIONS
--- -- "--
OTHER — NET
94.10CR
212.71CR
H
INTEREST INCOME
--- - —... ---
20,051.91CR
--340.91CR
--- 57,947.74CR
s
NISC INCOME
1,145.37CR
TOTAL OTHER INCOME AND DEDUCTIONS
20,486.92CR
59,305.82CR
F-
-----------`
f'.
NET INCOME
57,822.95CR-------
247.762.00CR
GG7
n
li.
r
n—
— --
--
I's
h
Is
p,
�a
I-
P
I,�
y•
I-'
FOR YOUR INFORMATION
HUTCHINSON SAFETY COUNCIL
isThe Hutchinson Safety Council met on March 28, 1988 at the Fire Hall at 12:00
noon. There were 16 members present.
Prior to the business meeting George Field showed a video he took of the
explosion at the Farmer's Elevator in January.
The meeting was then called to order by President Warren Kempfert. We observed
a moment of silent prayer.
The minutes of the previous meeting and also the treasurer's report were
approved as presented.
Election was held for a Member -at -large. Les Linder was unanimously elected
as our member -at -large.
For old business Dennis Asay informed the council of the presentation that
will be made to the City Council on April 6 at 4:30 p.m. regarding the planned
simulation to be held this spring in Hutchinson. The simulated disaster will be
aimed at industry, but include police, fire, Civil Defense, hospital and many
other areas.
There has been no word received to date regarding the Hwy. 7 and Bluff Street
intersection. Marlin Torgerson reported that bids may be let soon for the
Hwy 15 project.
Les Smith reported we received confirmation on the crash car exhibit for
August 19-22. Discussion was held regarding picking up thetrailer andtaking
it back. Volunteers were found. Motion was made, seconded and carried that
we get this trailer for the 1988 McLeod County Fair. The site where it will
be parked will be worked out with Fair personnel.
Randy Exsted reported that a new sign is being made at the TIH for the Park
Elementary crossing on Grove Street.
John Renyolds will purchase a life vest for the Senior Party.
For new business George Field presented a proposal to extend Linden out to
School Road. It would be extended to improve traffic control and safety
should the new school addition be built between the High School and West. A
question was raised whether this would limit expansion of the schools.
A motion was made, seconded and carried that -the -Safety Council send a letter
to the City Council expressing our approval of this project.
Randy Exsted reported that the school is considering sending some representatives
to the Youth Safety Conference at the U of M.
Warren Kempfert offered to find a program for April. The meeting was adjourned.
Next meeting, April 25, 1988 at 12:00 noon at the Fire Hall.
Submitted by Patty Stallman, Secretary/Treasurer
FOR YOUR INFORMATION
1]
MINUTES
CENTRAL PRAIRIE RAILWAY ASSOCIATION
MAY 3, 1988
Members Present:
Les Forman, Chairman
E1Roy Dobratz, Vice -Chair
Gary Plotz, Secretary
Buzz Burich, Treasurer
Roger Stearns
D R A F T
Others Present:
Ron McGraw, Attorney
Jerry Ross, Dakota Rail
Michael Ross, Dakota Rail
Paul Ackland, City of Hutchinson
Cathy Nevanen, Leader
McLeod Regional Rail Authority
Members
The Association met jointly with McLeod Regional Rail Authority at 11:40 a.m.
at Peter's Restaurant, Hutchinson. Report of the current status of Dakota
Rail was received, as detailed in the minutes of the Rail Authority
(attached.)
Chairman Les Forman called the annual meeting of the Central Prairie Railway
Association to order at 12:20 p.m. Officers of the Association were re-
elected for another term on a motion by E1Roy Dobrat; seconded by Roger
Stearns, carried unanimously.
It was reported that the Association will be asked after buyout of Dakota
Rail for matching rehabilitation funds of -approximately $1209000 (10% of $1.2 - - - ---
million), with payback to be made on a per -car basis.
Officers were authorized to negotiate the fee and payback after the buyout on
a motion by Roger Stearns, seconded by E1Roy Dobratz, carried unanimously.
Meeting was adjourned at 12:30 p.m.
Hazel Sitz, Recorder
0
is
0
FOR YOUR INFORMAT103
MINUTES D R A F T
MCLEOD REGIONAL RAIL AUTHORITY
MAY 3,1988
Members Present:
Sheldon Nies, Chairman
Leslie Forman, Vice -Chair
Anchor Nelsen
Dean Oleson
Larry Graf
Members Absent:
Milo Rubasch
Howard Christensen
John Bernhagen, Secy-Treas.
Others Present:
Ron McGraw, Attorney
Jerry Ross, Dakota Rail
Michael Ross, Dakota Rail
Paul Ackland, City of Hutchinson
Hazel Sitz, City of Hutchinson
Cathy Nevanen, Leader
Central Prairie Railway Members
Chairman Sheldon Nies called the meeting to order at 11:40 a.m. at Peter's
Restaurant, Hutchinson. Members of the Central Prairie Railway Association
were also present to receive information.
The minutes of the December 299 1987, meeting were read and approved on a
motion by Anchor Nelsen, seconded by Les Forman, carried unanimously.
Chairman Nies called for a status report from Attorney Ron McGraw. Mr.
McGraw, who represents Dakota Rail, reviewed the Chapter 11 bankruptcy
proceedings. Attorneys are negotiating with Burlington Northern for a
purchase price settlement. The State of MN has been working with Dakota Rail
and would put up acquisition funds (approx. $1 million). Shippers would also
contribute $400,000 to reimburse Dakota Rail for rehab improvements. The
State would require transfer of fee title to the Rail Authority, from whom fee
title would then pass to Dakota Rail. Some selected right of way properties
will be sold to pay bills, remainder will be required to remain with rail
property. Land values of rail property far exceed debts. Today Dakota Rail
seeks direction from the Rail Authority regarding the fee ownership question.
It was discussed that the State will not require a payback of acquisition
funds unless there is a default in payment by Dakota Rail. Shippers'
contribution (400,000) would be in the form of a short term (3 to 9 months)
non-interest bearing loan secured by specifically named non -right of way
properties. The State would secure its interest with assets only and there
would be no liability on the Rail Authority.
There was discussion of the need for the Rail Authority to have funds
available to pay for an attorney who would review documents for the Rail
Authority and to pay other costs incurred. Shippers would be a source of
funds.
Anchor Nelsen reported that he has obtained letters of support from Harley
Staggers (retired) and other elected representatives in -the -effort to keep --
Dakota Rail in operation.
Officers of the Rail Authority were re-elected for another term on a motion by
Les Forman, seconded by Larry Graf, carried unanimously.
Ron McGraw presented a Resolution to accomplish tranfer of ownership of Dakota
Rail (attached). Resolution was approved on a motion by Les Forman, seconded
by Larry Graf, approved unanimously.
MINUTES - MCLEOD REGIONAL RAIL AUTHORITY - Page 2
Rail Authority officers were authorized to pursue hiring an attorney on a
motion by Anther Nelsen, seconded by Larry Graf, carried unanimously.
The meeting of the Rail Authority was adjourned at 12:20 p.m. on a motion by
Les Forman, seconded by Dean Oleson, approved unanimously.
Hazel Sitz, Recorder
RESOLUTION - MCLEOD REGIONAL RAIL AUTHORITY - APPROVED MAY 3, 1988
McLeod Regional Rail Authority agrees to accept a loan from MN DOT and
shippers for the following use and purpose:
a Finance acquisition of fee title for all BN property - right of way
and non -right of way
b Reimburse Dakota Rail for capital improvements and expense incured
in acquiring fee title from BN
As a condition precedent to accepting funds the Rail Authority shall satisfy
itself that
a The total terms of financial settlement with BN, DOT and shippers
are acceptable.
b That there are sufficient funds available through loan, grants or
sale of specified non -rail property to enable Dakota Rail to be
discharged from bankruptcy.
e Enter into a C/D with Dakota Rail for transfer of all property on
terms the same or similar to the loan agreement between the State
DOT, shippers and Authority.
Further authorize officers Sheldon Nies, Les Forman and John Bernhagen to
negotiate final terms re all agreements and authority to execute on behalf of
the authority all documents.
0
0
FOR YOUR INFORMATION
PIONEERLAND LIBRARY SYSTEM EXECUTIVE COMM&& MEETM
• April 11, 1988
Present: Steve Boehlke, Montevideo
Lilah Buhr, Stewart
Howard Turck, Litchfield
Lorna Carlson, Murdock
Gladys Nelson, Ortonville
Linda Ulrich, Renville
Carol Conradi, Willmar
Burton Sundberg, Director
Kathy Matson, Associate Director
Absent: Lionel Barker, Glencoe*
*Excused absence
Representing:
a
a
a
a
a
a
Chippewa County
McLeod County
Meeker County
Swift County
Ortonville
Renville
Willmar
Representing: Glencoe
Chairman Boehlke called the meeting to order at 7:40 p.m. Turck/Ulrich moved approval
of the minutes of the March 3.4 Board meeting. Carried.
Financial report:
1. Nelson/Buhr moved to approve the treasurer's report for March. Carried.
2. The first quarter summary shows that 25.19% of the 1988 budget has been spent.
3. Mr. Sundberg reviewed the auditor's report for 1987.
b. At present the amortisation fund for new vehicles has a balance of $5,0002 $1+9000
from 1987 and $1,000 for the first quarter of 1988. Since $1,000 has been budgeted
or each of the three remaini:g quarters of 1988, the fund will have a balance of
8,000 at the end of 1988. Nelson/`Purck moved to transfer the $5,000 to a CD now, and
purchase $1,000 certificates at the end of each of the three remaining quarters.
Carried.
Director's report:
1. The statistics for March show a decrease in circulation.
2. Newspaper clippings Were passed around.
3. The Raymond Library has received a grant from the Minnesota Library Foundation to
purchase a video recorder camera. It will be used to tape centennial events this
summer.
l:. PLS is sponsoring a workshop May 13 in Willmar on time management add services to
the blind and handicapped.
5. The long-range plan for PLS is being revised.
Nelson/Ulrich moved approval of bills. Carried.
Committee and project reports:
1. Extension of access - Mr. Sundberg and David Lauritsen met with the Yellow Redibine
County commissioners. Librarians and council members from the libraries in Canby,
Clarkfield, and Granite Falls were also present at the meeting. A meeting has been
scheduled with Granite Falls on April 19. Meeting dates with Canby and Clarkfield have
not been set.
2. The SAMMIS advisory board will be meeting April Ili. The governing board meeting is
scheduled for May 19 at 5:30 p.m.
There is no organized opposition to the extension of access law at present. A move
increase appropriations for automation in public libraries is being supported by the
metropolitan area.
Since Eandiyohi County needs the present library apace for county offices$ the county
commissioners have discussed plans for new library quarters with Nr. Sundberg.
New business: i
1. Nelson/Buhr moved to authorise a meeting of the personnel committee prior to the
June 13 meeting. Carried. The tentative date is Tuesday, June 7,
2. Nalson/lurck moved to authorize a meeting of the finance oommittee prior to the
July 11 meeting. Carried.
3. A survey of Minnesota bookmobile services was handed out.
The 3zecutive Committee will meet May 9.
The meeting was adjourned at 9:08 p.m.
Lilah Buhr
Secretary
0
DAVID B. ARNOLD
isCHARLESR. CARMICHAEL
MICHAEL B. L.BARON
GARY D. WDOWELL
FAYE ENOWLES
STEVEN A. ANDERSON
O. BARRY ANDERSON
STEVEN S. HOGE
CHARLES L. NAIL. J8.
LAURA E. FRETLAND
DAVID A. BRUEGGEMANN
JOSEPH M. PAIEMENT
JAMES UTLEY
April 25, 1988
0
0
Ai?NOLD & MGDOWELL
ATTORNEYS AT LAW
101 PARR PLACE
HVTCHINSON, MINNESOTA 55350
(612)587-7575
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
O. BARRY ANDERSON
Re: Parking Assessment Appeals
Our File No. 3188-87-0028
Dear Gary:
FOR YOUR INFORMATION
5881 CEDAR LASE ROAD
MINNEAPOLIS. MINNESOTA 53418
(612)345-0000
MN TOLL FREE 800-343-4545
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612)380-2214
All activity on the above referenced file has now been completed, at
least to the best of my knowledge and accordingly, we have closed our
file.
Thank you for the opportunity to work with the City of Hutchinson on this
matter. If you have'any questions with regard to this matter, please do``
not hesitate to contact me.
Thank you.
Very truly
1�4G. B r Ander� �_
'
GB . m
DAVID H. ARNOLD
.CHARLES R. CARMICHAEL
MICHAEL R. L.BARON
OAR[ D. M�DONELL
FAYE KNOWLES
STEVEN A. ANDERSON
O. HARRY ANDERSON
STEVEN S. HOGE
CHARLES L. NAIL, JR.
LURA E. PENTLAND
DAVID A. RRDEOOEMANN
JOSEPH M. PAIEMENT
JAMES VTLEY
April 25, 1988
ARNOLD & MGDOWELL
ATTORNEYS AT LAW
101 PARK PLACE
HuTc HIN50)P, MINNE50TA 55358
(8(2)587-7575 j
RESIDENT ATTORNEY
0. ]BARRY ANDERSON.
Mr. Gary D. Plotz
City Administrator
37 Washington Avenue West
Hutchinson, Mn. 55350,
Re: Police Station Construction
Our File No. 3188;87-0029
FOR YOUR INFORMATION
991 CEDAR LASE ROAD
M t}IT 6APOLIS. MINNESOTA 55416
(elz)545-eoao
MN �rOLL FREE 600.340-4545
SOI SOUTH FOURTH STREET
PRINCETON. MINNESOTA 55371
(912) 369- 2214
Dear Gary:
I am writing to you regardin4y Vergnl Florhaug's letter of April 2U, 19818.
As you know, he forwarded to you, as well`as this office, a copy of a
letter dated April 18, 1988 from David Koziel, a bond claims represen-
tative with Transamerica Insurance Group.; The principal issue raised by
Koziel is payments dueunder the existing electricalicontract with
McNerney Industries. ` !
ti
Much as the,City mightwish to avoid making any addiconal payments in
view of the cost overruns, from my brief review of tte facts, it appears
that the bonding company stepped into the shoes of McNerney Industries in
completing McNerney's responsibilities under the contract and thus, the
City, as the owner of the project, would be responsible for payment of
the balance of the contract to the bonding company, subject to certain
minor exceptions. The City would be entitled to any offset for addi-
tional expense incurred as a result of the failure of McNerney torperform
as specified to the extent those amounts have not previously been paid by
the bond holder, and the City should make certain that any negotiations
with Transamerica to pay the remaining balance that the City is ade-
quately protected by appropriate warranties and guarantees that work on.
the project was properly performed. This is frequently a negotiating
point between the bonding company and the owner of the project and as
such, usually there is an agreement that a certain number of hours would
be creditedto the City for such warranty or guarantee work and the
Mr. Gary D. Plotz
April 25, 1988
Page 2
is
payment reduced accordingly. In exchange, the City would release the
bonding company from any further liability. In view of all the problems
with this project, not all of which are over if I am to judge correctly
from my mail, the City might be better off in making the payment due
under the contract and making it clear to the bonding company that they,
as well as the substitute contractor, are responsible for nonperformance
or misperformance.
I haven't finalized my position on this issue yet, but since the buildin•_
is now occupied and a final punch list has been circulated, it might be
appropriate to go through the history of this entire transaction from
beginning to end with an eye toward our next step.
I have in mind that perhaps around the middle of the first week in May
you and I.could discuss this matter at great length. Please let me know
your position on these matters.
Thank you. Best personal regards.
Very trul yo s,
A M & DO LL
G r Anderson
GBA:
0
DAVID B. ARNOLD
CHARLES R. CARMICHAEL
MICHAEL E. L.BARON
GARY D. MIDO-ELL
PAYE KNOWLES
STEVEN A. ANDERSON
O. BARRY ANDERSON
STEVEN S. HOOK
CHARLES L NAIL. JR.
LURA R. FRETLAND
DAVID A. BRUROORMANN
JOSEPH M. PAIEMENT
JAMES UTLEY
April 25, 1988
ARNOLD & MCDOWELL
ATTORNEYS AT LAw
101 PARK PLACE
HUTCHINSON. MINNESOTA 55350
(612)567-7575
RESIDENT ATTORNEY
O. BARRY ANDERSON
Mr. David Koziel
Transamerica Insurance Group
7575 Golden Valley Road
P.O. Box 108
Minneapolis, Mn. 55440
Re: Hutchinson Police Station
Your Claim No. 97,002,265
Our File No. 3188-87-0029
FOR YOUR INFORMATION
SARI CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55410
(912)545-9000
MN TOLL FREE 500.343.4545
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55311
(519)359-2214
Dear Mr. Koziel:
is Your letter of April 18, 1988 has wound through the pipeline and landed
on my desk.
It is my jAnderstanding that a final punch list is now being cirbulated to'
the varin�,s_parties involved in the construction of 'the HutChinbon Police`
Station and that the items noted on that punch list are in thelprocess of
correction.
At your convenience, I would appreciate knowing the remaining balance
that you feel is owed to Transamerica at this time assuming that all of
your responsibilities have been completed. Further, it is my
understanding that upon completion of the duties of the substitute
contractor, the City has the benefit of a warranty or guarantee as to the
work performed. If I am not correct in my assumption on that point, you
should immediately notify me.
Thank you for your kind attention to these details. Best personal
regards.
Very truly yours,
ARNOLD & McDOWELL
G. Barry Anderson
GBA:lm
CC Vergil Florhaug
Gary D. Plotz
DAVID B. ARNOLD
AARLES R. CARMICHAEL
ICHAEL B. LSEAROM
GARY D. M�DOWELL
PAYE KNOWLES
STEVEN A. ANDERSON
O. BARRY ANDERSON
STEVEN S. HOGE
CHARLES L NAIL JR.
LURA K. FRETLAND
DAVID A. BRUEOOEMANN
JOSEPH N. PAIEMRNT
JAMES UTLEY
April 25, 1988
ARNOLD & MCDOWELL
ATTORNEYS AT LAw
101 PARE PLACE
H UTCHINSON, MINNESOTA 33330
Mr. Steven L. Ward
McGraw & Ward, P.A.
Attorneys at Law
Citizens Bank Bldg.
P.O. Box 98
Hutchinson, Mn. 55350
(612) 367-7373
RESIDENT ATTORNEY
O. BARRY ANDERSON
Re: Assembly of God Church Assessment
Our File No. 3188-87-0050
FOR YOUR INFORMATION
4891 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612)514.0000
MN To" FREE Roo -003-4444
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(a12)360.2214
Dear Mr. Ward:
• I have reviewed your latest missive in connection with the above
referenced dispute and find, despite the extensive polemic contained in
same, a noticeable lack of assistance in resolving the problem.
The only communication I.hav,lbad,lfrom your office is regarding the facts
of the Assembly of God claim,are as -outlined in your December 18, 1987
letter. That letter was devoted almost exclusively to the unique
problems experienced by your client William Holmquist in connection with
the deferred assessment. Further, your most recent correspondence on
this matter seems to indicate that John Miller has some sort of a claim
against the City and I have no facts in my possession which would indi-
cate the nature of his claim.
In any event, there appears to be a continuing misunderstanding about the
nature of deferred assessments and improvements installed on property for
the benefit of not only the current property owner, but future property
owners. You make reference in your letter that property owners and
prospective property owners do not operate in a vacuum and need a defini-
tive answer to questions concerning deferred assessments. No such defi-
nitive answer is possible. Deferred assessments are activated at the
discretion of the City Council. Typically, deferred assessments will be
Mr. Steve Ward
April 25, 1988 is
Page 2
activated at the time a developer seeks to subdivide the property or
install other improvements, but that time frame is chosen merely because
it is more convenient to all concerned; the City could just as easily
chose to activate the deferred assessment at the time the property comes
into the City, assuming the original reason for deferral was that the
property was outside the City limits at the time of installation.
Alternatively, the City may choose to charge a connection fee in lieu of
the deferred assessment.
If you clients believe that the elimination of the deferred assessment
will now and forever remove any possibility they will pay for improve-
ments that will benefit them, they are suffering under a misconception of
facts. The City may very well elect to recover the costs by using one of
the methods I have described above even if ultimately the City chooses
not to attempt to collect on the deferred assessment.
In response to the other allegations of your letter, specifically that I
promised some sort of an answer on the Assembly of God problem within 30
days, I must regrettfully disagree with that statement because my
recollection of our conversation is at least somewhat different. Our
discussions were directed solely to the problem that your client, Mr.
Holmquist, had with respect to the deferred assessment. After much
discussion, an agreement was reached that the City would not enforce the
specifir:,deferred assessment disclosed in the subdivision agreement pre-
pared-fW the signature of all parties. I recall no discussion on the
AssemblyFof God problem except your statement that you felt the Assembly
of God was also entitled to similar treatment which the City vigorously
disputes. Nonetheless, I do recall that I extended a promise to you to
study the problem and to bring the matter to the attention of the Council
for appropriate treatment. I don't rule out the possibility that 30 days
got mentioned somewhere along the way, but I at no time made any commit-
ments, and in fact I cannot make any commitments, as to the date by which
the Council will take action of some sort.
In that regards, your correspondence of December 18, alleges that three
separate searches were conducted in 1983 at the request of your office,
John Miller or the Assembly of God. The City has record of only one such
search. I,would appreciate receiving copies of any documents that you
may have in your possession which substantiate your claim that multiple
searches were conducted, and I would also appreciate receiving a copy of
the deed by which the Assembly of God took title to the property.
0
Mr. Steve Ward
April 25, 1988
Page 3
Believe it or not, I am not intending to be unhelpful and I understand
your need to resolve this matter as soon as possible. If you will pro-
vide me with the information requested, I will make the appropriate
recommendation to the City Council and hopefully this dispute can be
settled in a timely and cooperative matter.
Rest personal regards.
Very truly yours,
ARNOLD & MCDOWELL
G. Barry Anderson
GBA:lm
CC Gary D. Plotz
0
0
0
May 5, 1988
AANOLD & MGDOWELL
ATTORNEYS AT LAW
5881 CEDAR LASE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545-9000
MN TOLL FREE 800-343-4545
GABLE MCLAW MINNEAPOLIS
TELECOPIER (612)546-1793
Mr. Gary D. Plotz
Hutchinson City Administrator
)37.Washington Avenue West
Hutchinson, MN 55350
RE: Reese v. City of Hutchinson
Sturges v. City of Hutchinson
Dear Gary:
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(a 12) 389. 2614
101 PARE PLACE
HUTCHINSON. MINNESOTA 55350
(612)667-7695
1234 S
Yr��B
.0
FOR YOUR INFORMATION
As you may recall, both of the above -referenced files involve claims
against the City of Hutchinson in which there was an initial denial of
coverage by LMCIT.
Arriving under separate cover is a letter dated May 3, 1988 from Doug
Gronli reaffirming the denial of coverage with respect to the Reese
matter. As noted in previous correspondence, we have interposed an
Answer and begun discovery on this litigation. No further comment is
necessary at this time.
The question with respect to the Sturges litigation is less clear. I
have been promised a response by GA2 nusiness Services, Inc. this week
and as soon as I hear something further, I will let you know.
Thank you.
Very truly yours,
.parry Anderson
B /llh
Enclosure
DAVID B. ARNOLD
CHARLES R. CARMICHAEL
MICHAEL B. "BARON
GARY D. M�DOWELL
FAYE KNOWLES
STEVEN A. ANDERSON
O. BARRY ANDERSON
STEVEN S. HOOF
CHARLES L. NAIL, JR.
LURA E. PRETLAND
DAVID A. BRUEGOEMANN
JOSEPH M. PAIRMENT
JAMES UTLEY
0
May 5, 1988
AANOLD & MGDOWELL
ATTORNEYS AT LAW
5881 CEDAR LASE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545-9000
MN TOLL FREE 800-343-4545
GABLE MCLAW MINNEAPOLIS
TELECOPIER (612)546-1793
Mr. Gary D. Plotz
Hutchinson City Administrator
)37.Washington Avenue West
Hutchinson, MN 55350
RE: Reese v. City of Hutchinson
Sturges v. City of Hutchinson
Dear Gary:
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(a 12) 389. 2614
101 PARE PLACE
HUTCHINSON. MINNESOTA 55350
(612)667-7695
1234 S
Yr��B
.0
FOR YOUR INFORMATION
As you may recall, both of the above -referenced files involve claims
against the City of Hutchinson in which there was an initial denial of
coverage by LMCIT.
Arriving under separate cover is a letter dated May 3, 1988 from Doug
Gronli reaffirming the denial of coverage with respect to the Reese
matter. As noted in previous correspondence, we have interposed an
Answer and begun discovery on this litigation. No further comment is
necessary at this time.
The question with respect to the Sturges litigation is less clear. I
have been promised a response by GA2 nusiness Services, Inc. this week
and as soon as I hear something further, I will let you know.
Thank you.
Very truly yours,
.parry Anderson
B /llh
Enclosure
•
0
40
`Y
GAS Susinm Services Inc '
380 Lafayette Freeway Road Suite 118
P 0 Box 7007
St. Paul Minnesota 55107
Telephone 812-292-1234
aranoh OOIp
May 3, 1988
Arnold and McDowell
5881 Cedar Lake Road
Minneapolis, Minnesota 55416
Attn: G. Barry Anderson
Dear Mr. Anderson:
GAB FILE NO.: 56527-11308
TRUST MEMBER: CITY OF HUTCHINSON
CLAIMANT: CRAIG AND PEGGY REESE
YOUR_FILE_NO___3244_87_Q01Q-------------
FOR YOUR INFORMATION
I have your correspondence of January 27, 1988, as weLL
as your most recent of April 27, 1988, and I thank you.
As you have requested, I have reviewed the Summons and
Complaint and applied the LMCIT's coverage document. I
have also reviewed this matter with the appropriate
officials within the LMCIT. At this time we see nothing
that will change our position of denial of coverage.
That disclaimer does remain in effect.
In general, we believe that this is a condemnation claim
and is specifically excluded as was previously stated in
our Letter to the city of Hutchinson on November 25, 1987.
For your information the LMCIT, through its Board of
Directors, has approved the offering of a non -automatic
broadening form of Language for zoning issues which give
rise to claim or Litigation. Specifically, they have
extended their coverage in zoning related suits and also
clarified the policy coverage Language to provide a
consistent defense posture for member cities. The coverage
should be and is Limited to regulatory takings. Once again,
this is not automatic but it is something that effective
April 27, 1988 was approved by the LMCIT Board and you
should possibly pass that information along to your city
officials and they could contact the appropriate parties
at North Star Risk Services, Inc.
.4
Once again we thank you for your inquiries and we
respectfully submit to you and the city representatives
that we wiCC not be able to afford them a defense nor
indemnification with respect to the Reese versus Hutchinson
case.
Sincerely,
649-7
Doug GronCi
Branch Casualty Supervisor
DG/dmb
cc: GAB Mpls, MN.
Carol Stender
cc: City of Hutchinson
37 Washington Avenue
Hutchinson, MN. 55350
Attn: Ken Merrill
cc: Insurance Planners
135 Third Avenue SE
Hutchinson, MN. 55350
Attn: Dennis Potter
