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cp11-24-1987 cHUTCH INSON CITY CALENDAR WEEK OF November 22 To November 28 T _ f N97 VIEDNESDAY -25- 10:00 A.M. - Directors Meet at City Hall 2:00 P.M. - Open Bids at City Hall for Well & Well House No. 7 SUNDAY -22- MONDAY -23- Noon - Safety Council Meeting at Fire Station 5 -8 P.M. - Oral Interviews of Police Chief Candi- dates at Fire Stati THURSDAY FRIDAY -26- -27- THANKSGIVING C I T Y O F F I C E S C L O S E D F O R, T H A N K S G I V I G H O L I D A Y TUE0AY -24- 10:00 A.M. - WWTP Meeting,at Plant Site 6:30 P.M. - Presentation on Voting Machines 7:30 P.M. - City Council Meet- ing at City Hall 5 -8 P.M. - Oral Interviews of Police Chief Candi- dates at Fire Station SATURDAY -28- Ll 0 �.i AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 24, 1987 1. Cali to Order - 7:30 P.M. 2. Invocation - Rev. Wesley Vagle, Assembly of God 3. Consideration of Minutes - Regular Meeting of November, 10, 1987 and Rd Opening of -lovem ear 18, 1987 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - October 1987 2. Nursing Home Board Minutes of October 22, 1987 3. Planning Commission Minutes of October 20, 1987 4. Hutchinson Police Commission Minutes of November 9, 1987 (b) Application for Christmas Tree Sales Permits 1. Leonard Rieman 2. Cynthia Beadell 3. Charles Pulkrabek (c) Application for Snow Removal Permits 1. Ron Hansen 6. Dale Sturges 2. Richard Snykalski 7. Kerry Krueger 3. Florence Madsen - Diamond 5 Wrecking 8. Jerome Ebert 4. Gene Carda 9. Gene Betker 5. Joe Schultz 10. Jim Haasl 11. Ed Rettnan, Jr. (d) Hutchmobile Advertising Funded By MN/DOT Action - Motion to order report and minutes filed, issue permits and approve advertising 5. Public nearing - 8_00 P.M. (a) Refinancing of Industrial Revenue Bonds for Developers Diversified, Ltd. Action - Motion to close hearing - Motion to reject - Motion to authorize signing documents and adopt Resolution No. 8660 1 CITY COUNCIL AGENDA - NOVEMBER 24, 1987 6. Communications, Requests and Petitions (a) Consideration of Requested Change Orders for Police Station Acton - Motion to reject - Motion to approve (b) Consideration of Request of Month -to- Month Extension of Senior Nutrition Lease Action - Notion to reject - Notion to approve and authorize signing lease 7. Resolutions and Ordinances (a) Ordinance No. 14/87 - An Ordinance Extending The Corporate Limits Of The City Of Hutchinson To Include Certain Unincorporated Territory Bordered By Land Within The City Limits And Abutting Thereon (Deforest Wagner Annexation) Action - Motion to reject - Motion to waive first reading and set second reading December 8, 1987 (b) Resolution No. 8658 - Resolution For Purchase 0 Action - Notion to reject - Notion to waive reading and adopt (c) Resolution No. 8659 - Transferring $20,000 From Liquor Store To General Fund Action - Notion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of Road Way Easement Along South Border of City Water Tower Property for Kevin Froeming (DEFERRED NOVEMBER 10, 1987) Action - Notion to reject - Notion to approve and issue easement (b) Consideration of Set -Up License At Sodbuster's Saloon (DEFERRED NOVEMBER 10, 1987) Action - (c) Consideration of Awarding Bid for Police Department Recording System (DEFERRED NOVEMBER 18, 1987) Action - Motion to reject - Notion to award bid • 2 i • CITY COUNCIL AGENDA - NOVEMBER 24, 1987 9, NEW BUSINESS (a) Consideration of Delinquent Water And Sewer Accounts Action - Motion to authorize extension of payment period - Notion to authorize discontinuation of service (b) Consideration of Party Wall Agreement Between Hutchinson Technology, Inc. And City of Hutchinson Action - Motion to reject - )lotion to approve and enter into agreement (c) Consideration of Reimbursement for Crop Damage Caused from Force Main Installation Action - Motion to reject - Motion to approve payment (d) Consideration of Subdivision Agreement for Sorensen's Addition Action - Motion to reject - Notion to approve • (e) Consideration of Purchase Agreement for Airport Property Action - Motion to reject - Motion to approve and enter -into agreement (f) Consideration of Change Order No. 4 To Install Flow Equalization Basin Fence Addition At Wastewater Treatment Plant Action - Motion to reject - Motion to approve (g) Consideration of Change Orders No. 1, No. 3, No. 4 And No. 5 for Sanitary Sewer Project 1. Change Order No. 1 - Forcemain Realignment 2. Change Order No. 3 - Utility Conflicts - Differing Site Conditions 3. Change Order No. 4 - Watermain Interference - Differing Site Conditions 4. Change Order No. 5 - Reschedule Bituminous Paving On Grove & Fourth Action - Motion to reject - Notion to approve change orders (h) Consideration of Storm Sewer Line Problem at Health Club • Action - 3 CITY COUNCIL AGENDA - NOVEMBER 24, 1987 (i) Consideration of Merger of North American Cable Systems And Star Cablevision Group Inc. Action - (j) Consideration of First Judicial District Court Order to Close Hutchinson Division of Court Action — Motion to adopt Resolution No. 8655 (k) Consideration of Installation of Fire Hydrant On Freemont Avenue Action - Notion to reject - Motion to approve installation (1) Consideration of Preliminary and Final Plat of Sorensen's Addition Submitted By Larry Sorensen with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 8656 (m) Consideration of Variance Requested By V.F.W. with favorable recommendation of Planning Commission • Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 8657 (n) Consideration of Final Plat of Jonathan's Subdivision Submitted By Paul Betker (Within Two Mile Radius) Action - Refer to County with no objection (o) Consideration of Sketch Plan Submitted By Gerrit Smith (Within Two Mile Radius) Action - Refer to County with no objection (p) Consideration of Sketch Plan Submitted By Mike Commerford (Within Two Mile Radius) Action Refer to County with no objection (q) Consideration of Sketch Plan Submitted By Roger Sienson (Within Two Mile Radius) Action - Refer to County with no objection 11 4 CITY COUNCIL AGENDA - NOVEMBER 24, 1987 (r) Consideration of Preliminary Plat of Kamlin View Submitted By Al Kogiin (Within Two Nile Radius) Action - Refer to County with no objection (s) Consideration of Street Layout System And Naming As Presented By Building Official with favorable recommendation of Planning Commission Action - Motion to reject - Motion to approve (t) Consideration of Authorizing BRW Firm to Update Comprehensive Plan with Planning Commission Recommendation Action - Motion to reject - Motion to approve (u) Consideration of Subdivision Agreement for Kamlin View Action - Motion to reject - Motion to approve (v) Consideration of Subdivision Agreement for Jonathan's Subdivision Action - Motion to reject - Motion to approve i(w) Discussion of Second Handicapped Entrance to Police Station Action - (x) Consideration of Authorizing Korngiebel Architects to Prepare Specifications And Make Recommendations On Furniture for Police Department Action - Motion to reject - Motion to approve (y) Consideration of Establishing Date of December 1, 1987 for Special City Council Xeeting/Workshop Action - Motion to reject - Motion to approve date 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 5 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 10, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Mayor Paul L. Ackland, Aldermen Mike Carls, John Mlinar, Marlin Torgerson and Pat Mikulecky. 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 Vesley Vagle. 3. CONSIDERATION OF MINUTES The minutes of the regular meeting of October 27, 1987 and special meeting of November 4, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1987 2. HOSPITAL BOARD MINUTES OF SEPTEMBER 15, 1987 • 3. PARKS & RECREATION BOARD MINUTES OF OCTOBER 7, 1987 4. TREE BOARD MINUTES OF OCTOBER 7, 1987 The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to approve the report and minutes. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. None. 6. CONNUNICATIONS, REQUESTS AND PETITIONS (a) DISCUSSION OF SMALL CITIES GRANT APPLICATION AND VATER SERVICE LINE -- - REPLACEMENT - JOHN BERNHAGEN OF HCDC Executive Director John Bernhagen presented a report on rehabilitation in the Main Street area from Fourth Avenue South all the way to the river and the area between Hassan and Franklin Streets. He stated the State would like the City to waive all building permits for grants awarded so that there would be no charge to those who participate in the program. Mr. Bernbagen will present figures of cost at the Novem- ber 24, 1987 Council meeting. 1 9, Following discussion, it was the consensus of the Council to hold a special workshop on November 18, 1987 at 6;00 Y.M. to discuss the . eiterprise funds and tax increment revolving loan fund. 1 9, CITY COUNCIL MINUTES - NOVEMBER 10, 1987 (b) CONSIDERATION OF ESTABLISHING AN ADVISORY COMMITTEE ON "DESIGN REVIEW" PRIOR TO BUILDING PERMIT ISSUANCE IN DOWNTOWN AREA - JOHN BERNHAGEN A presentation was made by Executive Director John Bernhagen regarding appointment of an Advisory Committee. City Attorney Anderson reported he would be receiving some materials from Duluth concerning this item. This matter could be further discussed at the workshop on November 18. (c) CONSIDERATION OF REQUEST FOR REDUCED REFUSE RATE FOR SENIOR CITIZEN The motion was made by Alderman Mlinar, seconded by Alderman Carls, to approve the request. Motion carried unanimously. (d) CONSIDERATION OF PETITION TO IMPROVE PARKING LOT ADJACENT TO CITY HALL A petition signed by 13 property owners was presented which requested paving of the parking lot north of and adjacent to City Hall be in- cluded in the 1988 improvement projects. Alderman Carle moved to refer the petition to the City Engineer for a cost estimate. Motion seconded by Alderman Mlinar and unanimously car - ried. 7. RESOLUTIONS AND ORDINANCES • (a) ORDINANCE NO. 13/87 - AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES AND OTHER VEHICLES ON CERTAIN STREETS OF THE CITY OF HUTCHINSON, MINNESOTA AND PROVIDING PENALTY FOR VIOLATION THEREOF The motion was made by Alderman Carls, seconded by Alderman Torgerson, to waive second reading and adopt Ordinance No. 767. Motion carried unanimously. (b) RESOLUTION NO. 8652 - TRANSFERRING $40,OOO FROM LIQUOR STORE TO GENERAL FUND Alderman Mlinar moved to waive reading and adopt Resolution No. 8652. - -- Motion seconded by Alderman Mikulecky and unanimously carried. (c) RESOLUTION NO. 8653 - RESOLUTION FOR PURCHASE The motion was made by Alderman Torgerson, seconded by Alderman Carls, to waive reading and adopt Resolution No. 8653. Notion carried unani- mously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ROAD WAY EASEMENT ALONG SOUTH BORDER OF CITY WATER TOWER PROPERTY FOR KEVIN FROEMING (DEFERRED OCTOBER 27, 1987) • Alderman Torgerson moved to defer to November 24, 1987 Council meeting. L • CITY COUNCIL MINUTES - NOVEMBER 10, 1987 Motion seconded by Alderman Nlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF REQUEST TO SET PUBLIC HEARING FOR REFINANCING OF INDUSTRIAL REVENUE BONDS FOR HECHT & ASSOCIATES Following discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to approve and set public hearing for November 24, 1987 at 8:00 P.M. Motion carried unanimously. (b) CONSIDERATION OF TRAFFIC SIGN INVENTORY After discussion, Alderman Carls moved to waive reading and adopt Resolution authorizing retaining a firm for sign inventory on non- federal aid streets. Motion seconded by Alderman Torgerson and failed three to two, with roll call vote of Aldermen Carls and Mlinar voting aye and Aldermen Torgerson, Mikulecky and Mayor Ackland voting nay. It was then moved by Alderman Mikulecky to waive reading and adopt Resolution No. 8654 for a cost of $868.99 for sign inventory of en- tire city. Motion seconded by Alderman Torgerson and carried four to one, with Aldermen Mlinar, Torgerson, Mikulecky and Mayor Ackland vot- ing aye and Alderman Carls voting nay. (c) CONSIDERATION OF ALLOCATING $5,000 FROM SALE OF ADAMS STREET PROPERTY TO BUILDING FUND FOR SENIOR ADVISORY BOARD (REQUESTED BY ALDERMAN PAT MIIIULECNY ) Following discussion, the motion was made by Alderman Carls to desig- nate the balance from the Adams Street property sale to the Senior Ad- visory Board building fund. Alderman Mikulecky seconded the motion and unanimously carried. (d) CONSIDERATION OF AWARDING BID FOR PURCHASE OF LOGS AND LIMBS FROM CITY DISPOSAL SITE Alderman Caris moved to approve and award bid to the highest bidder, Prieve Landscaping, in the amount of $426. Notion seconded by Alder- man Mlinar and carried unanimously. (e) CONSIDERATION OF AWARDING BID FOR 1976 MODEL CITY BUS The motion was made by Alderman Carls, seconded by Alderman Mlinar, to defer this item. Motion unanimously carried. (f) CONSIDERATION OF SET -UP LICENSE AT SODBUSTER'S SALOON • Following discussion, Alderman Mlinar moved to defer action. Motion seconded by Alderman Torgerson and carried unanimously. CITY COUNCIL MINUTES - NOVEMBER 10, 1987 r� L (g) PRELIMINARY REPORT ON 1988 PROJECTS City Engineer Anderson reviewed some of the projects on the 1988 im- provement project list. The Council deferred discussion of the 1988 projects to the workshop on November 18, 1987. Alderman Carls re- quested a report on the deferred assessments and city cost for the projects as well as the assessments for the past eight years. (h) CONSIDERATION OF RENEWING DENTAL INSURANCE CONTRACT WITH SUN LIFE OF CANADA It was reported there would be a seven percent rate increase for den- tal insurance coverage. Following discussion, the motion was made by Alderman Carls to approve the rate adjustment. Motion seconded by Ald- erman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reviewed the Administrative Update newsletter and commented on the new owners of the landfill. The change in operating hours could affect the hours for dumping refuse at the landfill by • Junker Sanitation. It was reported that a meeting was held on November 2 to address the storm water problems at the Health Club. It was decided that the storm sewer line would be televised to determine the cause of the prob- lem. Mr. Plotz commented that the Police Commission met November 9 to deter- mine the questions to be asked police chief candidates during oral in- terviews. The request by the Council for the taping of the interviews was passed on to the Police Commission. Reference was made to the third quarter status report on the 1987 ob- jectives. Item No. 23 regarding voting machines was discussed at length. It was the consensus of the Council to meet one hour earlier (6:30 P.M.) on November 24 prior to the Council meeting to hear a pre- sentation on card system voting machines. It was reported the contractor for the police station was holding to a February 1, 1988 completion date. Discussion then centered on the new furnishings and equipment to be purchased for the building. The City Administrator was instructed to obtain a consulting service firm to prepare specifications for office furniture and equipment in the police station. This item would be discussed further at the November 18 work- shop. The City Administrator reported that North American Cable Systems was • merging with another company. This item would be on the agenda for the 4 CITY COUNCIL MINUTES - NOVEMBER 10, 1987 November 24 meeting, and a representative of the company would be present. RECESS: The City Council adjourned at 9:55 F.M. for a 15 minute recess. (b) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR Alderman Mlinar commented on the need for street lights in the Kimberly Country Estates addition. The lighting issue was referred to the City Engineer to contact the Utilities for installation of lights. Further, Engineer Anderson was asked to survey the subdivisions and recommend lighting where needed. (c) COMMUNICATIONS FRO% ALDERMAN PAT MIKULECKY Alderman Mikulecky commented on the letter received from the State De- partment of Administration regarding a building permit surcharge re- bate. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated the City had been notified that the First Ju- dicial District Court wanted to close the Hutchinson Division of Court, • effective January 31, 1988. He spoke in favor of keeping the court open. Also, Acting Police Chief Kirchoff stated it was beneficial to the law enforcement, local business, and individual citizens to have a branch court in Hutchinson, and he was opposed to having the court closed. Data will be presented at the next Council meeting as well as a Resolution for adoption. It was reported that Sam Ulland, owner of Midwest Trailer Court, had served papers on the City. The City Attorney had prepared a Notice of Order to Repair or Remove for Council approval which would give Mr. U1- land 30 days to clean up his trailers. This Notice of Order was an al- ternative to the City Ordinance, Section 1025:20, referred to by the Building Official at the October 27, 1987 Council meeting. Following discussion, Alderman Torgerson moved to approve the Notice of Order for Removal. Motion seconded by Alderman Mikulecky and unani- mously carried. Attorney Anderson presented information concerning the disputed de- ferred assessments on the Twin Oaks Subdivision. He requested approval to put into effect the proposed agreement between Holmquist and the City of Hutchinson. Following discussion, Alderman Torgerson moved to accept the agreement which was proposed between the City and Holmquist. )Motion seconded by Alderman Mikulecky and carried unanimously. • it was the legal opinion of the City Attorney that the common election law would make the revised City Charter effective as of the date of the election. The League of Cities had also stated the City Charter was CITY COUNCIL MINUTES - NOVEMBER 10, 1987 effective as of November 3, 1987. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented that the two newly created positions on the Utilities Commission had been advertised. He was hopeful the appoint- ments could be made by the first of January. The Council was reminded of a SARA meeting in Glencoe on November 19 at 5:30 P.M. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Anderson stated that the property at 562 Lincoln Avenue had changed ownership, and there was a request for the City to release an existing easement on the entire parcel dating from 1943. The City could confine the easement to the area needed for operation and main- tenance of the storm sewer. Following discussion, Alderman Torgerson moved to approve modifying the easement. Motion seconded by Alderman Mikulecky and unanimously car - ried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS i (a) VERIFIED CLAIMS The motion was made by Alderman Nlinar, seconded by Alderman Torgerson, to approve and authorize payment from the appropriate funds. Notion carried unanimously. 12. ADJOURNMENT The regular meeting adjourned at 10:50 P.M. for a closed meeting to discuss parking assesments. A 0 • • XINOTES BID OPENING WEDNESDAY, NOVEMBER 18, 1987 The bid opening was called to order by Acting Police Chief Sircboff at 2:00 P.N. The following were present: Acting Police Chief Ronald %irchoff and Administra- tive Secretary Marilyn Swanson. The reading of Publication No. 3754, Invitation for Bids, Purchase of One Multi - Channel Communication Recording System, was dispensed with. The following bid was opened and read: Dictaphone Corp. $32,230.00 - Full Price 12,463.60 - 3 -Year Purchase per Year 7,789.75 - 5 -Year Purchase per Year 60 Days ARO The bid was referred to the Police Department for review and a recommendation to the City Council. There being no further business, the bid opening adjourned at 2:05 P.X. 3 OCTOBER 0 REVENUE REPORT - GENERAL FUND CITi OF HUTCHI14SON FINANCIAL REFORT - 1987 OCTOBER OCT. YEAR TO ADOPTED BALANCE PERCENTAGE HCTUAL DATE ACTUAL BUDGET REMAINING USED TAXES 375000.00 881086.29 1314700.00 4333613.71 (x.67 LICENSES 2525.00 18125.66 16950.00 - 1175.66 1.07 PERMITS AND FEES 3503.49 118875.30 66900.00 - 51975.30 1.76 INTER - GOVERNMENT REVENUE 34961.00 799218.67 1087494.00 288275.33 (1.73 CHARGES FOR SERVICES 21170.59 469294.99 508144.00 38849.01 0.92 FINES & FORFEITS 4625.51 33489.58 29610.00 - 3889.58 1.13 MISCELLANEOUS REVENUE 14407.40 123603.68 131800.00 8196.32 0.94 CONTRIBUTIONS FROM OTHER FUNDS 0.00 227500.00 429000.00 201500.00 0.53 REVENUE FOR OTHER AGENCIES 195.05 445.50 500.00 54.50 0.89 TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADM. /CITY CLERK ELECTIONS FINANCE MOTOR VEHICLE ASSESSING LEGAL PLANNING •CITY HALL RECREATION BUILDING POLICE DEPARTMENT FIRE DEPARTMENT COMMUNITY SERVICE OFFICER PROTECTIVE INSPECTIONS CIVIL DEFENSE SAFETY COUNCIL FIRE MARSHALL ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C LIBRARY SENIOR CITIZEN CENTER PARK /REC. ADMIN. RECREATION CIVIC ARENA PARK DEPARTMENT CEMETERY COMMUNITY DEVELOPMENT DEBT SERVICE AIRPORT TRANSIT COMMUNITY ENERGY COUNCIL UNALLOCATED 0 TOTAL 456388.04 2671639.67 3585088.00 91344B.33 0.75 1640.60 28507.51 31467.00 2959.49 0.91 10202.24 113504.88 133954.00 20449.12 0.85 3078.51 6731.51 4850.00 - 1881.51 1.39 12533.60 1733332.97 197268.00 23935.03 0.88 6549.88 65245.02 66037.00 791.98 0.99 0.00 600.00 19700.00 19100.00 0.03 3512.12 47844.05 32807.00 - 15037.05 1.46 344.15 11648.64 11375.00 - 273.64 1.02 2515.08 29780.03 40083.00 10302.97 0.74 1235.56 36625.93 66470.00 29844.07 0.55 74267.29 669019.53 741043.00 72023.47 0.90 2531.53 90642.54 91585.00 942.46 0.99 3150.11 29452.11 37650.00 B197.89 0.78 5082.44 63312.96 81346.00 18033.04 0.78 0.00 116.78 825.00 708.22 0.14 0.00 0.00 150.00 150.00 0.00 4580.78 34724.10 41023.00 6298.90 0.85 15086.54 163918.48 192643.00 28724.52 0.85 59809.80 2B7694.43 359103.00 71408.57 0.80 6233.52 48335.72 70700.00 22364.28 0.68 715.39 58569.71 64696.00 6126.29 0.91 3969.44 624B4.19 53690.00 - 8794.19 1.16 6608.51 73800.13 87392. 00 13591.87 0.84 6571.50 110334.92 128122.00 17787.08 0.86 16955.64 102531.76 114172.00 11640.24 0.90 43614.01 319202.26 362092.00. 42889.74 0.8B 5720.80 38721.02 43790.00 5068.98 0.88 2365.99 26325.27 33150.00 6824.73 0.79 1500.(10 47396.10 50396.00 2999.90 0.94 5872.28 48490.30 50572.00 2081.70 0.96 42309.26 101851.00 121734.00 19883.00 0.84 1365.01 14472.21 0.00 - 14472.21 13406.81 182278.83 255203.00 72924.17 0.71 363328.39 3087494.77 3585088.00 497593.11 0.8o ULi66ER REVENUE REPORT - LIQUOR FUND LIQUOR SALES WINE SALES BEER SALES BEER DEPOSITS MISC. SALES INTEREST REFUNDS & REIMBURSEMENTS CASH DISCOUNTS TOTAL EXPENSE REPORT LIQUOR FUND PERSONEL SERVICES SUPPLIES. REPAIR & MAINTENANCE OTHER SERVICES & CHARGES MISCELLANEOUS CAPITAL OUTLAY TRANSFERS COST OF SALES OTHER DOTAL REVENUE REPORT - WATER SEWER /FUND FEDERAL GRANTS WATER SALES WATER METER SALES REFUSE SERVICES SEWER SERVICES EPA SALES PENALTY CHARGES INTEREST EARNED REFUNDS & REIMBURSEMENTS OTHER IIl(9q EXPENSE REPORT - WATER SEWER /FUND REFUSE WATER EWER ASTE TREATMENT PLANT CONSTRUCT CITY OF HUTCHINSON FINANCIAL REPORT - 1987 OCTOBER ENTERPRISE FUNDS 46.65 2624.69 4800.00 OCT. YEAR TO ADOPTED BALANCE PERCENTAGE ACTUAL DATE ACTUAL BUDGET REMAINING USED 37677.20 316555.19 390000.00 73444.81 0.81 11372.73 106764.39 135000.00 28235.61 0.79 53583.65 544469.83 635000.00 90530.17 0.86 32.03 - 824.12 0.00 824.12 6604.00 3462.06 34826.64 0.00 - 34626.64 1227514.00 553.02 4686.25 5200.00 513.75 0.90 (1.00 1138.00 0.00 - 1138.00 - 102.30 - 1965.92 0.00 1965.92 106578.39 1005650.26 1165200.00 159549.74 0.86 10441.12 120644.13 141670.00 21025.87 0.85 46.65 2624.69 4800.00 2175.31 0.55 2584.64 25178.74 35840.00 10661.26 0.70 0.00 662.00 9100.00 8438.00 0.07 1201.22 4820.42 42500.00 37679.58 0.00 20000.00 20000.00 110000.00 90000.00 0.18 76157.B2 765795.92 677000.00 111204.08 0.87 0.00 - 1225.51 6604.00 7829.51 -0.19 110431.45 938500.39 1227514.00 289013.61 0.76 778932.00 2352268.00 40641.50 445512.72 350.00 4449.70 27846.06 265398.78 42258.20 454146.11 36316.68 387649.48 828.16 9362.35 16684.92 72075.84 1316.59 4460.73 30.00 1582.74 0.00 - 2352268.00 0.00 460000.00 14487.28 0.97 7000.00 2550.30 0.64 328000.00 42601.22 0.87 615000.00 160853.89 0.74 450000.00 7000.00 - 2362.35 0.00 60000.00 - 12075.84 1.20 2000.00 - 2460.73 0.00 150.00 - 1432.74 10.55 945204.31 4016906.45 1929150.00 - 2087756.45 2.08 32327.71 296234.70 14060.00 465680.84 223363.82 866205.21 695937.95 5374019.08 325000.00 28765.30 884040.00 418359.16 688483.00 - 177722.21 0.00 - 5374019.OB 0.91 0.53 1.26 TOTAL 965689.48 7002139.83 1897523.00 - 5104616.83 3.69 BURNS MANOR MUNICIPAL NURSING HOME Minutes - October - 1987 The Board of Directors for Burns Manor Municipal Nursing Home • met Thursday, October 22, 1987 at 5:30 p.m. in the Annex Day Room. President Larry Graf presiding. Members present: Larry Graf Kay Peterson Marge Putney Mavis Geier Anchor Nelsen David Jensen Members absent: Gloria Dansereau Jim Mills John Mlinar Guest: Marilyn Hartwig D.O.N MINUTES OF PAST MEETING A motion was made by Marge Putney and seconded by Anchor Nelsen to approve the minutes. All in favor. Motion carried. ACCOUNTS PAYABLE A motion was made by Kay Peterson and seconded by Marge Putney to approve for payment the attached listing of accounts in the amount of $50,033.99. All in favor. Motion carried. FINANCIAL REPORT Financial Report was given by David Jensen, Financial Advisor. • A discussion followed regarding the negative financial impact that the lowering of the Burns Manor rate and Case -Mix classifications has had. OLD BUSINESS A. Memorial Committee: Anchor Nelsen reviewed the progress of the Burns Manor Memorial Foundation Committee. B. Tom Hinde Lawsuit: There has been no communication from the attorney. C. Nursing Assistant Shortage: All methods used to recruit nursing assistants has failed. Marilyn Hartwig, D.O.N., provided members with a staffing schedule and problems incurred hiring and retaining a sufficient staff. A discussion followed regarding salaries A motion was made by Kay Peterson and seconded by Marge Putney to allow a pay increase of $0.30 per hour for all present employees. Nursing assistants will be hired at $4.80 per hour, all other person- nel will be hired at $4.50 per hour. Any increase in salaries for • Director of Nursing, Administration and Consultants will be discussed at a later meeting. All in favor. Motion carried. � — 4 ?- (e?-) October Minutes Page 2 NEW BUSINESS • A. Business Office: In discussing the need for space and re- organization of the office, measures that would not require major remodeling were explored. The beauty shop could be moved into the basement and the office expansion could be in the beauty shop. Re- locating two sinks and two or three dryers would cost approximately $2,000.00. Space in the basement is critical. Relocating the beauty shop to the basement will create space problems. B. Goals and Objectives: The Maintenance department goals and objectives were read and discussed. Many of the items involve re- modeling. C. Minnesota Department of Health Report: The report from the MDH survey September 29, 30 and October 1, 1987 was read and discuss- ed. Shortage of nursing assistants has been a concern of the board before the survey. A review of the methods in place to attract and retain employees was again reviewed. A salary increase was granted. PATIENT SATISFACTION forms were available for discussion. There being no further business, President Larry Graf adjourned • the meeting. The Burns Manor Board of Directors will meet Thursday, November 19, 1987 at 5:30 p.m. in the Annex Day Room. Respectfully submitted: Mavis J. Geiet. Secretary ATTEST: Larry Graf, President a MINUTES • HUTCHINSON PLANNING COMMISSION Tuesday, October 20, 1987 1. CALL TO ORDER The meeting was called to order by Chairman Thomas Lyke at 7:30 p.m. with the following members present: Spencer Beytien, Marlin Torgerson, Bruce Drahos and Chairman Lyke. Members absent: Larry Romo, Bill Craig and Roland Ebent Also present: Building Official Jim Marka, Director of Engineering Gene Anderson, City Administrator Gary Plotz and City Attorney Barry Anderson. 2. MINUTES Mr. Beytien made a motion to approve the minutes of the regular meeting dated Tuesday, September 18, 1987. Seconded by Mr. Drahos the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF REZONING FROM R -2 TO R -3 AT SOUTH GRADE ROAD AND SCHOOL ROAD REQUESTED BY FRANK FAY . The request was withdrawn. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JOHN MILLER • Chairman Lyke opened the hearing at 7:35 pm. with the reading of publication #3741 as published in the Hutchinson Leader on Thursday, October 8, 1987. The request is or condi tonal use permit to allow the owner to construct mini storage warehouses on property located on at Hwy 7 West. Mr. Miller was present to explain the Option 1 drawing with the buildings to run north and south for better security from the highway. He also stated that they would be constructing the most westerly building at the present time. Mr. Bud Maynard stated that all setbacks would be met in the event of a public street being put in on the east side of the warehouses. Director of Engineering Anderson stated that the staff recommendation of Option 2 would preserve the right of way for roadway connection. Discussion followed on the possibility of redesigning the last building to the east if the need would arise due to a city street going in at a future date. This would cause a problem with the 25' setback requirement. 1 1)/ - �?- (5) PLANNING COMMISSION MINUTES 10/20/87 Mr. Torgerson moved to close hearing closed at 7:47 p.m. approval of Option 1 or 2 as met. Seconded by Mr. Drahos the hearing, seconded by Mr. Beytien the• Mr. Torgerson made a motion to recommend presented provided that all setbacks would be the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF TWIN OAKS ADDITION SUBMITTED BY JAMES JOHNSON Chairman Lyke opened the hearing at 7:48 p.m. with the reading of publication #3742 as published in the Hutchinson Leader on Thursday, October 8, 1987. The request is for t e p� urpose o—T considering the platting of property to be known as Twin Oaks Addition. Mr. Bill Jacobson, architect for the project, explained the overall addition of 240 townhouses and that they would begin with 80 units on Lot 1 at the present time. He also showed some possible street plans and accesses that he had discussed with the city staff. Mr. Tom Veenker, engineer, showed utility sketches and noted their plans to utilize the present utility accesses. Building Official Marka explained the staff recommendation of street accesses being north -south and east -west. Possibly being pursued one phase at a time. Discussion followed on the utility easements and the street along the lot line. Chairman Lyke stated concern with the utilities running beneath the blacktop and directed City Engineer Anderson to contact Hutchinson Utilities on the matter. Mr. Veenker explained that the water and sewer lines would be owned and maintained by the developer. Mr. Beytien moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:10 p.m. Mr. Torgerson made a motion to recommend approval of the preliminary and final plat contingent upon providing a 60' street right of way along the south line of the plat. Seconded by Mr. Beytien the motion carried unanimously. (d) CONSIDERATION OF VARIANCE REQUESTED BY V.F.W. Chairman Lyke opened the hearing at 8:12 p.m. with the reading of publication #3743 as published in the Hutchinson Leader on Thursday, October 8, 1987. The request is for a variance y the owner to allow them to provide off street parking for the VFW located at 247 1st Ave. S.E. Mr. Owanye Day, Reflections Architectural Studio, explained the plan of a new building for the VFW and the proposal for parking to meet • the parking requirements set by the zoning ordinace. The proposal would include leasing space from Dakota Rail which is across the street from the VFW. COMMISSION 1I`JUTES ?0/20/87 • Mr. Walter Hombach, VFW building committee chairman, commented on the existing parking problems and that they are trying to acquire the property that lies between properties already owned by the VFW. Chairman Lyke commented on the length of the lease with Dakota Rail stating his concern that the lease be over a long time period. Building Official Marka stated that the proposal would be an improvement to the property and explained the determination of parking spaces being based on gross square foot area as stated in the zoning regulations. Mr. Torgerson abstained froW voting as he is a nearby property owner. He commented on the proposal as being an improvement. Mr. Torgerson made a motion to continue the hearing at the November meeting being there was not a voting quorum. Seconded by Mr. Drahos the motion carried unanimously. (e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HELLAND'S EIGHTH ADDITION SUBMITTED BY TYRONE HELLAND Chairman Lyke opened the hearing at 8:30 p.m, with the reading of publication #3744 as published in the Hutchinson Leader on Thursday, • October 8, 1987. The request is for the purpose--oT—considering the platting of a parcel of property to be known as Helland's Eighth Addition in Registered Land Survey. Building Official Marka commented on the staff recommendation with the only problem being the naming of the street in the plat. Mr. Tyrone Helland suggested Arizona Ave. to stay with names of states. Mr. Torgerson moved to close the hearing, seconded by Mr. Beytien the hearing closed at 8:37 p.m. Mr. Torgerson made a motion to recommend approval to City Council with city staff naming the street before the plat is registered with the county. Seconded by Mr. Drahos the motion carried unanimously. (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROBERT STEARNS Chairman Lyke opened the hearing at 8:37 p.m. with the reading of publication #3745 as published in the Hutchinson Leader on Thursday, October 8, 1987. The request is for a can itional use permit to allow the owner to construct a 120' x 60' unheated storage building on property located at 445 3rd Ave. NW. Mr. Roger Stearns explained the sketch with respect to handling loading docks and truck traffic. • Building Official Marka recommended that a survey be brought in at the time of acquiring the building permit. 3 'Ln�d'lI JC CO 14,1ISSI0N 1INUT -cS Mr. Torgerson moved to close the hearing, seconded by Mr. Drahos the 40 hearing closed at 8:43 p.m. Mr. Drahos made a motion to recommend approval to City Council. Seconded by Mr. Torgerson the motion carried unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAVID WHITING Chairman Lyke opened the hearing at 8:43 p.m.' with the reading of publication #3746 as published in the Hutchinson Leader on Thursday, October 8, 1987. The request is for a cond— iT al use permit to allow the owner to move a house unto property located at 325 Adams St. City Administrator Plotz commented on the circumstances of the property as the city had regently sold the property to Mr. Whiting. Mr. Leslie Smith, neighboring property owner, stated that he was in favor of improving the property but was concerned with what was being moved in. Mr. Whiting stated that the Zeleny house on Hwy 15 would be the house in question and would fit in that area. The neighboring property owners were in agreement that it would be a great improvement. Mr. Torgerson moved to close the hearing, seconded by Mr. Drahos the hearing closed at 8:45 pm. Mr. Torgerson made a motion to recommend approval to City Council. Seconded by Mr. Beytien the motion carried unanimously. • (h) CONSIDERATION OF VARIANCE REQUESTED BY ROBERT HORNICK The request was withdrawn. 4. OLD BUSINESS NONE 5. NEW BUSINESS (a) DISCUSSION OF ANNEXATION SUBMITTED BY DEFOREST WAGNER Mr. Wagner was present to submit his proposal of annexation to the Planning Commission. City Administrator Plotz explained the staff recommendation and concern with leaving the annexation as R -2 with no R -3 zone. Discussion followed on the zoning district and possible street proposals in the annexed property. Mr. Torgerson moved to recommend annexation procedure begin with the understanding it remain R -2 zone. Seconded by Mr. Beytien the motion • carried unanimously. V. ?LIMNING COMMISSION MINUTES 10120/87 . (b) DISCUSSION OF PLANNING COMMISSION TRAINING PROGRAMS City Adminsitrator Plotz explained the different programs available recommending the ones pertaining mostly to Planning Commission members. Tom Lyke, Bruce Drahos, Jim Marka and Gary Plotz expressed interest in attending a seminar on Saturday, November-14. (c) CONSIDERATION OF FINAL PLAT OF COUNTRY CLUB ESTATES NO. 2 SUBMITTED BY LARRY BETHKE Mr. Torgerson made a motion,to recommend approval to City Council with a cash contribution for parks and playground as directed by the City Engineer. Seconded by Mr. Beytien the motion carried unanimously. (d) DISCUSSION OF EASEMENT FOR KEVIN FROEMMING City Engineer Anderson commented on the request by the Froemmings stating he could see no problem with the driveway easement except in the event of major repair or construction of the water tower. He recommended that the city consider the easement possibly by the fair market value of property but also suggested the city have some • control. Mr. Torgerson stated that the Froemming land is useless without an access. • Mr. Matheny stated that the property would be used as low density with possibly two dwellings constructed there. Discussion followed on fire protection of the units. Mr. Torgerson moved to give favorable recommendation of the easement to City Council. Seconded by Mr. Beytien the motion carried unanimously. 6. ADJOURMENT There being no futher business the meeting was adjourned at 9:30 p.m. E HUTCHINSON POLICE COMMISSION November 9, 1987 The Police Commission met on November 9, 1987 at 5:00 p.m. in the City Hall Council Chambers. Commissioners Robert Prochnow, Jeff Haag, Donn Hoffman, Mayor Paul Ackland and Acting Chief Ron Kirchoff were in attendance. The meeting was opened by Chairman Prochnow who stated that the purpose of the meeting was to discuss questions for the oral interviews of the candidates for the Chief of Police and to put a grade on the questions. Donn Hoffman inquired as to whether all seven candidates had returned their background. Chief Kirchoff responded that they had and presented an update regarding the status of the background work and projected completion date. He informed the Commission that information would be forwarded to them as soon as it was completed. - Donn Hoffman made a motion that the candidates immediately be notified of their invitation to attend interviews in the following order: • 11 -23 -87 Ernest Swartout 5:00 p.m. Steven Sullivan 6:00 p.m. Jeffrey Porupsky 7 :00 p.m. 11 -24 -87 William McPherson 5:00 p.m. James Robertson 6:00 p.m. Timothy Taylor 7:00 p.m. Steven Madson 8:00 p.m. The motion was seconded by Robert Prochnow and approved. Robert Prochnow questioned the recording of the interviews. Mayor Ackland received information from Barry Anderson stating that the meeting must be open to the public. A discussion followed concerning the coverage by the media and whether or not the interviews should be taped. It was concluded that an audio tape of the interviews would be sufficient to provide necessary information for the City Council. A discussion regarding the type of questions to be used in the interviews followed. A number of questions were decided upon and will be typed up and distributed to the Commissioners. Prochnow questioned the weight of the interview vs test. A discussion followed with the consensus being that no weights would be given but that all the information would be considered as contributing factors. There being no further business, Donn Hoffman made a motion to adjourn the meeting and Haag seconded. The meeting was adjourned at 6:20 p.m. LJ • (612) 587 -5151 f/UTCH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 November 19, 1987 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: HAZEL SITZ, TRANSIT COORDINATOR �5 RE: PUBLICITY CAMPAIGN FDR PUBLIC TRANSIT The NN Department of Transportation is encouraging a state- wide marketing cmy -eign of public transit systems. Promotional materials have been developed for each system's use, with the campaign to begin approximately December 1 and to continue through February, 1988. • To assist with this, NNIDOT is offering 1008 reimbursement of up to $1950 to our system for various marketing methods. It is our reoann:ndation that we use these available funds. Attached is a copy of the initial press release that we hope to use. 11 z/ -d' (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 PRESS RELEASE December 19 1987 HUTCHMOBILE GETS NEW LOGO The Hutchmobile takes on a brand new name on December 1 when it becomes the HUTCHMOBILE HEARTLAND EXPRESS, announced the City of Hutchinson through its transit coordinator, Hazel Sitz. The logo shows four people in vehicle windows and uses a distinctive type style. It will be incorporated into advertising and schedules to give the system a more updated, personable look. Development of the new name, logo, and other marketing materials has been coordinated by the Minnesota Department of Transportation (Mn /DOT) for use by systems across the state. "Minnesota is, indeed, the heartland of the country. That's why the name is so appropriate," said Bob Works, Director of the Transit Program Section of MN /DOT's Office of Transit. _ "And people are the most important aspects of any transportation system. This design makes that very evident," said Works. The Hutchmobile has served the transportation needs of Hutchinson since 1976. It is operated by the City of Hutchinson, with assistance from Mn /DOT. This past year, ridership was approximately 25,000 on the system's three vehicles. One new handicapped accessible vehicle was purchased in October and put into service to replace a 1976 model. Bus service on the HUTCHMOBILE HEARTLAND EXPRESS is available from 6 a.m. to 5:30 p.m. weekdays, and the fare is 60 to 85 cents, with special business discounts. Call 587 -4757 for ride information. • ■ # Mf M Ride the Heartland Express 0 CI C] • • Extract of Minutes of Meeting of the City Council of the City of Hutchinson, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hutchinson, Minnesota was duly held at the City Hall in said City on Tuesday, November 24, 1987 at o'clock M. The following members were present: and the following members were absent: Member introduced the following written resolution and moved its adoption: A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS PURSUANT TO MINNESOTA STATUTES SECTIONS 469.152 THROUGH 469.165, INCLUSIVE, TO PROVIDE FUNDS TO DEVELOPERS DIVERSIFIED, LTD. FOR THE PURPOSE OF REDEEMING AND PAYING BONDS PREVIOUSLY ISSUED UNDER MINNESOTA STATUTES SECTIONS 469.152 THROUGH 469.165, INCLUSIVE, AND APPROVING LOAN AGREEMENT, INDENTURE OF TRUST, REIMBURSEMENT AGREEMENT, LETTER OF CREDIT, ASSIGNMENT, BOND PURCHASE AGREEMENT AND OFFICIAL STATEMENT The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. "- 11 E A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE REFUNDING BONDS PURSUANT TO MINNESOTA STATUTES SECTIONS 469.152 THROUGH 469.165, INCLUSIVE, TO PROVIDE FUNDS TO DEVELOPERS DIVERSIFIED, LTD. FOR THE PURPOSE OF REDEEMING AND PAYING BONDS PREVIOUSLY ISSUED UNDER MINNESOTA STATUTES SECTIONS 469.152 THROUGH 469.165, INCLUSIVE, AND APPROVING LOAN AGREEMENT, INDENTURE OF TRUST, REIMBURSEMENT AGREEMENT, LETTER OF CREDIT, ASSIGNMENT, BOND PURCHASE AGREEMENT AND OFFICIAL STATEMENT BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the "City "), as follows: 1. Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes Sections 469.152 through 469.165, inclusive, as amended (the "Act "), authorized to issue and sell economic • development revenue refunding bonds for the purpose of redeeming and paying the outstanding principal amount of economic development revenue bonds issued for the purpose of financing the costs of an authorized project and to enter into contracts necessary or convenient in the exercise of the powers granted by the Act. In addition, the City Council of the City, as the elected legislative body of the City, constitutes the "applicable elected representive" for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (said Code and the U.S. Treasury Regulations proposed or in effect with respect thereto hereinafter referred to as the "Code "). 2. Authorization of Refunding Bonds; Documents • Presented. The City has been requested to issue its economic -2- development revenue refunding bonds for the purpose of providing funds to redeem and to pay the outstanding principal amount of the City's Economic Development Revenue Bonds (Hecht Associates, Ltd. Project) Series 1982 (the "Series 1982 Bonds ") prior to their stated maturity. This Council, therefore, determines that the City shall issue and sell its Six -Month Demand Adjustable Rate Economic Development Revenue Refunding Bonds (Developers Diversified, Ltd. Project), Series 1987, in an aggregate principal amount not to exceed $2,220,000, in substantially the form set forth as Exhibit A to the hereinafter mentioned indenture of Trust (the "Bonds ") pursuant to the Act and to apply the proceeds • thereof to redeem and pay the outstanding principal amount n of the Series 1982 Bonds. The Series 1982 Bonds were issued on September 16, 1982 to assist Hecht Associates, Ltd., an Illinois limited partnership, in financing the costs of the acquisition, construction and equipping of a commercial retail facility, together with site improvements required therefor (the "Project "). Said Hecht Associates, Ltd. assigned its rights in the Project and in the loan documents relating to the Series 1982 Bonds to Developers Diversified, Ltd., an Ohio limited partnership (the "Company "), and the Company has assumed all obligations of said Hecht Associates, Ltd. under said loan documents. The Project was subsequently transferred by the Company to National Property Analysts -3- 0 0 Partnership, a Pennsylvania limited partnership, with the Company, as mortgagee, receiving a mortgage lien on the Project under a Purchase Money Mortgage Deed and Security Agreement, dated as of June 28, 1983 and recorded on August 2, 1983; the Company's lien on the Project is currently subordinate to the mortgage lien securing the payment of the principal of and premium, if any, and interest on the Series 1982 Bonds. At the present time, the Project is owned by Nolan River Mall Associates, a New York limited partnership, and is leased to and operated by K Mart Corporation, a Michigan corporation. Forms of the following documents relating to the Bonds have been submitted to the City Council and are now on file in the office of the City Clerk of the City (the "City Clerk "): (a) the Loan Agreement (the "Loan Agreement "), to be dated as of December 1, 1987, between the City and the Company, whereby the City agrees to provide funds from the proceeds of the sale of the Bonds to redeem and pay the outstanding principal amount of the Series 1982 Bonds, and the Company agrees to pay amounts sufficient to provide for the full and prompt payment of the principal and purchase price of and premium, if any, and interest on the Bonds; -4- 0 (b) the Indenture of Trust (the "Indenture "), to be dated as of December 1, 1987, among the City, Society National Bank, Cleveland, Ohio, as trustee (the "Trustee "), and D.J. Bisesi, as co- trustee (the "Co- Trustee "), pledging the revenues to be derived by the City from the Loan Agreement as security for the Bonds and setting forth certain recitals, covenants and agreements relating thereto; (c) the Reimbursement Agreement (the "Reim- bursement Agreement "), to be dated as of December 1, 1987, between the Company and The Huntington • National Bank (the "Bank "), whereby the Bank 0 agrees to issue the hereinafter - mentioned Letter of Credit to provide security for the Bonds, and the Company agrees to reimburse the Bank for amounts drawn under the Letter of Credit (this document not to be executed by the City); (d) the Letter of Credit (the "Letter of Credit "), to be issued by the Bank to the Trustee on the date of the delivery of the Bonds, providing for payment of amounts up to (i) the principal and purchase price of the Bonds, (ii) an amount equal to 215 days' accrued interest on the Bonds, and (iii) an amount equal to a premium of three -5- 9 percent (38) of the outstanding principal amount of the Bonds to pay any premium due thereon (this document not to be executed by the City); and (e) the Assignment of Mortgage, Note and Lease Assignment (the "Assignment "), to be dated as of December 1, 1987, from the Company to the Trustee, the Co- Trustee and the Bank, whereby the Company assigns to the Trustee, the Co- Trustee and the Bank its right to payment under a certain promissory note, its mortgage lien on and security interest in the Mortgaged Property (as defined in the Assignment), together with an assignment of . all leases thereof to the Company, as security for the Company's obligations under the Loan Agreement and the Reimbursement Agreement (this document not to be executed by the City); and (f) the Bond Purchase Agreement (the "Bond Purchase Agreement "), dated the date of its execution, between Prescott, Ball s Turben, Inc. (the "Underwriter ") and the City, providing for the purchase of the Bonds by the Underwriter and setting forth the terms and conditions of such purchase; and (q) Letter of Representation (the "Letter of Representation "), dated the date of its execution, • from the Company to the City and the Underwriter E • providing the basis for certain of the undertakings set forth in the Bond Purchase Agreement; and (h) the form of the preliminary Official Statement and the final Official Statement (collec- tively, the "Official Statement "), describing the offering of the Bonds, certain terms and provisions of the foregoing documents and certain information concerning the Bank. 3. Findings. It is hereby found, determined and declared that: (a) The Project, as described in paragraph 2 above and in the Loan Agreement, constitutes a project authorized by and described in Section 469.153, Subd. 2a of the Act. (b) The operation of the Project has promoted and will promote the public welfare by: preventing the emergence of blighted and marginal lands and areas of chronic unemployment; preventing economic deterioration; promoting the development of sound industry and commerce to use the available resources of community, in order to retain the benefit of the community's existing investment in educational and public service facilities; halting the movement of talented, educated personnel to other areas and thus preserving the economic and human resources -7- LJ E needed as a base for providing governmental services and facilities; and increasing the tax base of the Citv and the county and school district in which the Project is located. (c) The Project has been approved by the Commissioner of Securities of the State of Minnesota as tending to further the purposes and policies of the Act. (d) The issuance and sale of the Bonds, the execution and delivery of the Loan Agreement, the Bond Purchase Agreement and the Indenture and the performance of all covenants and agreements of the City contained in the Bonds, the Loan Agreement, the Bond Purchase Agreement and the Indenture, and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Loan Agreement, the Bond Purchase Agreement, the Indenture and the Bonds valid and binding obligations of the City, enforceable against the City in accordance with their respective terms, are authorized by the Act. (e) It is desirable that the City issue its Six -Month Demand Adjustable Rate Economic Develop- ment Revenue Refunding Bonds (Developers Diversified, Ltd. Project), Series 1987 in an aggregate principal muc 0 amount not to exceed $2,220,000, bearing interest at the rate or rates determined as set forth in the Indenture, to be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of and premium, if any, and interest on the Bonds. (f) The Loan Agreement provides for payments by the Company to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of and premium, if any, and . interest on the Bonds when due. The Loan Agreement obligates the Company to provide for the purchase of the Bonds in certain circumstances as provided in the Indenture and to provide for the payment of operation and maintenance expenses for the Project, including adequate insurance, taxes and special assessments. (g) Under the provisions of the Act, and as provided in the Loan Agreement and the Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement, the Assignment, the Letter of Credit and moneys in the funds and accounts held by the Trustee which are pledged for the payment thereof; the City is not subject to any liability thereon; no holders of the Bonds shall have the right to compel the exercise of the taxing power of the City to pay the principal of or premium, if any, or interest on the Bonds, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and each Bond issued under the Indenture shall recite that such Bond shall not constitute a charge against the general credit . or properties or taxing powers of the City and • does not grant to the holder of such Bond any right to have the City levy any taxes or appropriate any funds for the payment of the principal of or premium, if any, or interest thereon, and that the Bonds are not a general obligation of the City or the individual officers or agents thereof. (h) Immediately prior to the adoption of this Resolution, there was held a public hearing of which reasonable public notice was given, all in compliance with Section 147(f) of the Code, at which hearing persons were invited to express -10- 0 their views regarding the proposed issuance of the Bonds. 4. Approval and Execution of Documents. The forms of the Loan Agreement, the Indenture, the Reimbursement Agreement, the Letter of Credit, the Assignment, the Bond Purchase Agreement, the Letter of Representation and the preliminary and final Official Statements referred to in paragraph 2 hereof are hereby approved, with such changes upon which the respective parties thereto may agree, subject to the following sentence with respect to documents to be executed by the City, or in the case of the preliminary and final Official Statement, with such changes upon which the • Underwriter and the Company may agree. The Loan Agreement, • the Bond Purchase Agreement, the Letter of Representation and the Indenture shall be executed in the name and on behalf of the City by the Mayor of the City (the "Mayor ") and the City Clerk, or other appropriate officials of the City authorized to execute documents for the Mayor or the City Clerk, as the case may be, on behalf of the City, in substantially the forms on file, but with all such changes therein (including specifically, but without limitation, any changes required by Moody's Investors Service, Inc. as a condition to obtain a favorable rating of the Bonds) not inconsistent with the Act or other laws, as may be approved by the officers executing the same, which execution shall -11- 0 • constitute conclusive evidence of the approval thereof, and then shall be delivered to the Trustee; provided, however, that the interest rate on the Bonds for the initial interest period ending February 14, 1988 as determined by the Remarketing Agent shall not exceed a rate of 7.98 per annum. Copies of all documents shall be delivered and filed as provided therein. 5. Approval, Execution and Delivery of Bonds. The City shall proceed forthwith to issue its Six -Month Demand Adjustable Rate Economic Development Revenue Refunding Bonds (Developers Diversified, Ltd. Project), Series 1987 in an aggregate principal amount not to exceed $2,220,000, bearing interest at the rate or rates determined as set forth in the Indenture and in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this Resolution and made a part hereof. The Underwriter has agreed to purchase the Bonds at a purchase price of $2,220,000, plus accrued interest, if any, to the date of delivery, upon the terms and conditions set forth in the Bond Purchase Agreement, and said purchase price is hereby found to be reasonable and is hereby approved and accepted. The Mayor and the City Clerk are hereby authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other -12- 0 documents required by Section 2.07 of the Indenture, for authentication and delivery to the Underwriter. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement. The City hereby consents to and ratifies and authorizes the use of the preliminary Official Statement and the final Official Statement; provided, however, that the preliminary Official Statement and the final Official Statement shall recite that the Appendix thereto has been prepared by the Bank and that the City has • made no independent investigation with respect to the E information contained in the Appendix thereto. 7. $10 Million Election. The City hereby elects to have the $10 million limitation on capital expenditures set forth in Section 144(a)(4)(A) of the Code applied to the Bonds. 8. Other Documents. The Mayor, the City Clerk, the City Finance Director and other appropriate officials of the City are authorized and directed (a) to execute any certifications, financing statements, assignments and instruments which are necessary or appropriate to perfect the assignment set forth in the Indenture and to consummate the transactions contemplated by this Resolution, the Loan -13- 0 Agreement and the Indenture, and (b) to prepare and furnish to the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; provided all such certified copies, certificates, affidavits and other documents, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 9. County Auditor. The City Clerk is authorized and directed to deliver a certified copy of this Resolution • to the County Auditor for the County of McLeod, together J with such other information as such County Auditor may require, and obtain the certificate of such County Auditor as to entry of the Bonds on his bond register as required by the Act and Section 475.63, Minnesota Statutes. 10. Bond Counsel and Remarketing Agent Appoint- ments. The City Council hereby appoints and confirms Baker & Hostetler as Bond Counsel and Faegre & Benson as Co -Bond Counsel, and hereby appoints and confirms, pursuant to the Indenture, Prescott, Ball & Turben, Inc. as Remarketing Agent. 11. Covenants and Agreements of City. In addition to the other covenants and agreements of the City in this -14- 0 0 Resolution and the Indenture, the City covenants and agrees that the City will restrict the use of the proceeds of the Bonds in the manner and to the extent, if any, which may be necessary so that the Bonds will not constitute "arbitrage bonds" as defined in Section 148(a) of the Code, after taking into account reasonable expectations at the time of the delivery of and payment for the Bonds. To those ends, the Mayor, the County Auditor of McLeod County, the City Clerk, the City Finance Director and /or any other officer having responsibility for issuing the Bonds is authorized and directed, alone or in conjunction with any of the foregoing or with any other officer, employ- 0 ee or agent of or consultant to the City, or with the • Company or any partner, employee or agent of or consultant to the Company, to give: (i) an appropriate certificate of the City, for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the City regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which those expectations are based, that certificate to be premised on the reasonable expectations and the facts, estimates and circumstances on which those expectations are based, as provided by the Company, all as of the -15- 0 date of original authentication and delivery of the Bonds; and (ii) the statement setting forth the information required by Section 149(e) of the Code, which shall be based on the relevant information provided by the Company. By virtue of Section 146(1)(1) of the Code, the Bonds are not subject to the state volume cap on private activity bonds set forth in Section 146 of the Code. Approved: Mayor • Attest: City Administrator GRM48(C) 0 -16- CONSTRUCTION • ANALYSIS AND MANAGEMENT INCORPORATED 7401 CENTRAL AVENUE NORTH EAST • MINNEAPOLIS • MINNESOTA 55432 November 19, 1987 CITY OF HUTCHINSON CITY HALL 37 Washington Avenue West Hutchinson, Minnesota 55350 ATTN: Mr. Chuck Jones RE: HUTCHINSON POLICE STATION C.A.M. P.N. 86-645 Dear Mr. Jones: Following are the prices you requested for the above referenced Project. We recommend getting these items approved at the next council meeting so materials can be ordered. 1. Frosting the cell exterior windows. New Ulm Glass $240.00 ' ' .2. Provide lock and door position switch on door 125A. Straughn Hardware Schatz Construction McNerney Industries $425.00 75.00 3. 1 - three tier locker with base, sloped tops and cylinder locks. Nystrom 289.00 4. Marker boards. ' ' 3 each 385.00 1 each 167.00 Size 4' 0" x 6' 0 ", satin aluminum frame, chalk tray. 5. Projection Screens. 1 provided under contract with Bartley sales Architect designated it to be in Room B09. Very truly yours, James L.pPerra- Project Coordinator TELEPHONE (612) 786 -7151 Community Action Agency Inc. yron Zuidema - Executive Director 612) 235 -0850 1- 800. 992.1710 (toll -free) November 10, 1987 Bruce Erickson City of Hutchinson 37 Washington Ave. w. Hutchinson, MN 55350 Dear Bruce: Mid -Town Plaza 310 South First Street Box 1359 Willmar, Minnesota 56201 November is traditionally the time of year the Senior Nutrition Program negotiates contracts. This year we need to request a month by month extension of air existing contract. We are tenable to negotiate a new 1988 contract with you due to Mid- Minnesota Development Commission • decision. The Commission has requested the Senior Nutrition program to open all 20 meal site locations to catered contract bidding. In short, this decision will directly affect whether or not we will have a Central Kitchen in youriomiunity. On December 9th, the Commission will meet again. Until this time I will not know any further information on how this will change the existing Central Kitchen system. I'm aware that requesting this extension will cause some inoonveniences to your community. I have enclosed an extension agreement for the first month in 1988. I have also left open the option for the Senior Nutrition Program to cancel the extension if we give contracts to private caterers as the Commission has directed. If you have any further questions on this matter, please contact me at (612) 235 -0850 or 1- 800 -992 -1710. Sincerely, Tamraa Goldenstein Senior Nutrition Program Coordinator • 7G /Ln1 (cenkit.ltr) Helping people in need and assisting them in their effort to become self- sufficient. �� LEASE EXTENSION The Community of agrees to the extension of Community Action Agency's Senior Nutrition lease. This extension is for to Any further extensions-will be agreed on in writing by both parties. Community Action Agency's Senior Nutrition Program reserves the right to cancel this agreement in writing with a one (1) week notice. Community Representative Senior Nutrition Program Coordinator TG /lml (lease) Date Date C� 0 lJ • ORDINANCE NO. 14/87 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN UNINCORPORATED TERRITORY BORDERED BY LAND WITHIN THE CITY LIMITS AND ABUTTING THEREON WHEREAS, certain territory described below is not presently included within the corporate limits of any incorporated city or burrough; and WHEREAS, sixty (60) percent or more of the perimeter of this territory is bordered by lands already included within the corporate limits of the city and is deemed to be urban or suburban in character; and WHEREAS, the above- described land is unplatted, does not exceed 200 acres in area, and 100 % of the owners of said land have petitioned the City Council of the City of Hutchinson for annexation; THEREFORE, the City Council of Hutchinson does ordain: Section 1. Territory Annexed. The corporate limits of the City of Hutch- inson, Minnesota are hereby extended to include the unplatted territory described • as follows, sixty (60) percent or more of the perimeter of which territory is bordered by territory already included within the city limits: • (1) The Southwest Quarter of the Northeast Quarter of the South- west Quarter of Section 1, Township 116 North, Range 30 West of the 5th Principal Meridian. (2) The Northwest Quarter of the Southeast Quarter of the South- west Quarter of Section 1, Township 116 North, Range 30 West of the 5th Principal Meridian. (3) The Southeast Quarter of the Northeast Quarter of the South- west Quarter of Section 1, Township 116 North, Range 30 West of the 5th Principal Meridian. Except the North 16.50 feet thereof and except the East 258.50 feet of the South 100.00 feet thereof. (4) The Northeast Quarter of the Southeast Quarter of the South- west Quarter of Section 1, Township 116 North, Range 30 West of the 5th Principal Meridian. 7 1 /j ORDINANCE NO. 14/87 PAGE 2 0 Except the North 110.00 feet of the East 55.00 feet thereof. And except a tract described as follows: Beginning at the intersection of the center line of McLeod County Highway No. 7 with the south line of said Northeast Quarter of the Southeast Quarter of the Southwest Quarter; thence westerly, along said south line, a distance of 430.00 feet; thence northerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 293.60 feet; thence easterly, parallel with said south line, to said center line of McLeod County Highway No. 7; thence southwesterly, along said center line, to the point of beginning. AP.EA: 35-1/2 Acres • Section 2. Filing. The City Administrator is directed to file certified copies of this ordinance with the Secretary of State, the County Auditor and County Recorder of McLeod County, the Town Clerk of the effective township and the Minnesota Municipal Board. Section 3. Effective Date of Annexation. This ordinance takes effect upon passage and publication and the filing of certified copies as directed in Section 2 and approval by the Minnesota Municipal Board. Adopted by the City Council this 8th day of December, 1987. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator i • An Equal Opportunity Employnr November 16, 1987 Marilyn Swanson Administrative Secretary 37 Washington Ave. W. Hutchinson, MV 55350 Dear Ms. Swanson: I STATE OF MINNESOTA MUNICIPAL BOARD Suite 165 Metro Square 7th & Robert Streets St. Paul, Minnesota 55101 MM3 Docket No. A -4441 Hutchinson Deforest Wagner Petition Phone: (611) 2W24n - * •1�p NOY 1987 RE,CENED The Minnesota Municipal Board acknowledges receipt of the petition for annexation. Please refer to the above docket number in future communications regarding this proposed annexation. Please be advised that all requirements have been met for the above - described petition and the city may proceed to adopt and file the annextlon ordinance. The ordinance must be flied with the Minnesota Municipal Board, the Town of Lynn, the McLeod County Auditor, and the Secretary of State. It will be final upon the Municipal Boards approval. The Department of Transportation Mapping Section will review the property description, and you will be contacted if there are any problems. If you have any questions, please contact this office for assistance. Sincerely, MUNICIPAL BOARD Patricia tLun Assistant Ive Director PDL:kI °� J W A I V E R TO: Minnesota Municipal Board 165 Metro Square Building 7th S Robert Streets St. Paul, Minnesota 55101 RE: MMB Docket Number Proposed Annexation to the City of Hutchinson Gentlemen: The Town Board of Lynn Township, McLeod County pursuant to a resolution duly adopted by the town board on August 11, 1987 (date) hereby states that Lynn Township has no objection to the annexation of the following described land to the City of Hutchinson • and hereby waives the 90 days before a city ordinance can be adopted. (INSERT PROPERTY DESCRIPTION AND PROPERTY OWNERS NAME) Deforest Wagner Sec. 01, Twp. 116, Range 30, SW 1/4 NE 1/4 SW 1/ 4 6 N Ih SE 1/4 SW 1/4 EX. 5.23 Acres 24.77 Acres Sec. 01, Twp. 116, Range 30, SE 1/4 NE 1/4 SW 1/4 EX. S 1001 of E 258.5' S EX. N 1 Rod 9.17 Acres 400.5' X 116.5' of SE 1/4 NE 1/4 SW 1/4 1.30 Acres 35.5 Acres Date l Signature ! 6 Za c PLEASE NOTE: WAIVERS SHOULD BE FILED WITH THE CITY. (REV. 3/83) . d? 1987 • + - ,•stiff L- f' .•,n /rte..., i� ,93 A .� lu O/Vl w� Ya' c im �f %��et • CtccY� jWd��a(ll' CC.< dd /(• i��i..• Esc �!xll//`i+c<Lcou .�.f-`•./�p"W'Y . s.•!� ��i ��- -v�jv G'' f etc �eh�s' �ve'> o %�wrGG� •,,.- �I�.Y,r�ee*XG//I/ctx j�,.wf'�C�/�, �"CB'L/ % /e�'p�c� /�` c .w Yl Q'Gcf �tiU' • / �zy�oy �- c`7`•.vav a�,c�ca' .fixer Z`o 3 • ��t 455K4� s 7 -a. -R# �. L Y N N T O W N S H/ P . R.F.D. 4 HUTCHINSON, MINNESOTA 55350 August 31, 1987 Toe Hutchinson Planning Commission And Hutchinson City Council On August 11, 1987, Mr. DeForest Wagner appeared at the monthly meeting of the Lynn Town Board to request approval of annexation of 35J acres of land currently adjoining the City of Hutchinson on the southwest side. Because of the nature and location of this parcel, the Board felt that this land should be classified as urban and allowed to be annexed. This decision was approved upon a motion by Supervisor William Arndt, seconded by Supervisor Henry Otto, and carried unanimously. RJK /mk By order of the Lynn Town Board 0 Royal J. nutson, Lynn Town Clerk • 7� RESOLUTION N0. 8658 CITY OF HUTCHINSON . RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPU$E DEPT. BUDGET VENDOR , Polymer 12 - 55 gal. 7,139.00 Dewatering Sludge WWTP Yes Nalco Chemical Co. Drum Tires (4) - Terex 2,565.0 Replacement Street Yes Brandon Tire - The following items were authorized due to an emergency need: ITEM COST PURPOSE A DEPT. I BUDGET I VENDOR Date Approved: November 24, 1987 Resolution submitted for Council action • Motion made by: by: Seconded by: �-jr Ll Fund. n U RESOLUTION NO. 8659 TRANSFERRING $20,000 FROM LIQUOR STORE TO GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $20,000 is hereby transferred by the Liquor Store to the General Adopted by the City Council this 24th day of November, 1987. ATTEST: Gary D. Plotz City Administrator r1 U Paul L. Ackland Mayor w HUTCHINSON POLICE DEPARTMENT MEMORANDUM DATE 11 -19 -87 TO Mayor Ackland and City Council FROM Ron Kirchoff SUBJECT Sodbuster's Saloon In response to the request from the Sodbuster Tavern (Peter Adams) for a setup license for that establishment, I would have the following comments. d feel that the Hutchinson City Counci•1, when it established different qualifications for intoxicating and non - intoxicating liquor licenses did this with the idea of some control over the conditions of the license. I feel it would be a mistake to issue a 3.2 non- intoxicating license and then allow that establishment to serve intoxicants under a set -up license. It is with this in mind that I recommend not issuing a set -up license to the Sodbuster Tavern. Y Y- C ter{. 31 WASHINGTON AVE. WEST November 19, 1987 CITY OF HUTCHINSON POLICE DEPARTMENT DEAN M. O'BORSKY, Chief • HUTCHINSON, MINNESOTA 55350 TO: Mayor 6 City Council FROM: Acting Police Chief Ronald Kirchoff SUBJECT: Bid for Police Station Recording System MEMBER NINNENMA CMIF.PS OE PoIJCE AswcutnN • PHONE (612) 587 -2242 • On November 18, 1987 bids were taken for a one multi- channel communication recording system for the police station. Only one bid was received, namely from Dictaphone Corp. in the amount of $32,230, or with an option to purchase over three or five year terms. I would recommend accepting the bid from Dictaphone Corp. Jms • in'Lliq C. (612) 587.5151 ya�y CITY OF HUTCH/NSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 RovEMBER 19. 1987 ----- - - --- -- T0: MAYOR & CITY GDUNG � _---------------------- - - - - - -- FROM: KEN MERRILL. FINANCE DIRECTO---- _- - -__ -_ --------------- SUBJECT: PURCHASE k FINANCING OF - DICTAPHONE RECORDING SYSTEM- - for this eouiomey ot The only bid received for a nt the city had the 0. ion to recording device was from Dictaphone Co.. With tugfi Dictaphone. Their rate ho his bid finance throwever, for doing this was in the 19 to 19 Dercent range. package will be found.rOne m5currently an alternat arded to Dicatohgne We would ask the bid be aw far the full price. ive financing P of Minnesota Cities p alternative is the League at 7.82 %. We will be studying other alternatives as well and bring a recommendation back a t c t the next council meeting. The Qayment for the eouipment is he in held in the contingency account 04 t heir lea he9SCudoet. The number budoeted was 31BS aop i • 0 (6 12) 587 -5151 37'L VAS LING TGNAVEVLT VEST H')TC -f;NS. N, MV/NN. 55350 M E M O R A N D U M DATE: November 24, 1987 TO: — — Moor $ City Council - - - - FROM: — — Water Billing Department SUBJECT: Delinquent water accounts for the month of November Attached is a listing of the delinquent accounts for water, sewer and refuse for the month of Nov. Recommend water service be discontinued on Monday, November 30th, 1987 at Noon. Leo Hammer •99 McLeod Av Hutchinson MN 55350 99 McLeod Av 3- 705 - 0099 -042 126.45 Promises 11/25 54 Monroe St S Hutc ins MN 55350 540 Mo oe St 3-735705 -031 164.10 Brown Greenhouse 125 Michigan St Hutchinson MN 55350 125 Michigan St 3- 715- 0125 -001 238.23 Promises 11/27 Paul Lussier 626 Oak St Hutchinson MN 55350 626 Oak St 3- 765 - 0626 -031 128.72 Rodney ark of S Breisemeister 57 Peter Mn Circle 400 Shady Ridge Rd Hutc on MN 55350 Hutchinson MN 55350 575 P t son Circle 400 Shady Ridge Rd •3- 0 -057 12 3- 870 - 0400 -071 1� .60 88.59 Promises 11/25 Susan Lies 106 Monroe St Hutchinson MN 55350 106 Monroe St 3- 735 - 0106 -093 82.88 cc: Jay Freedland 304 1st Av SE Hutchinson MN 55350 Ted Veiby 835 Oak St N _= Hutchinson MN'li5350 835 Oak St N 3- 765 - 0835 -002 123.03 Jamie Connor c/o Kables Hwy 7 E Hutchinson MN 55350 441 Main St N 3- 680 - 0441 -083 109.69 cc: Citizens Bank & 102 Main St S Hutchinson MN 55350 9 -Q - Trust Wade Serfling Ron Willhite Vance Haugen 630 Second AV —1ZE 227 Third AV NW 250 Fifth AV utchinson 5350 Hutchinson MN 55350 Hutchinson MN 55350 6 Se AV SE co 227 Third AV NW 250 Fifth AV NW 3 -0 - 30 -068 3- 040 - 0227 -032 3- 080 - 0250 -041 118 64.44 78.21 Vic Klabunde 12 Rt 1 Box Brownton Mn 12 Miles Willhite William Lueck Percy Hanson 136 11th AV NE 346 Adams St S 405 Adams St S Hutchinson MN 55350 Hutchinson MN 55350 Hutchinson MN 55350 136 11th AV NE 346 Adams St S 405 Adams St S 3- 130 - 0136 -041 3 -210- 0346 -031 3- 210- 0405 -014 140.21 105.83 101.19 Promises $40.21 12/04 Promises 12/10 $50.00 12111 $50.00 12/18 Interiors Unlimited Jonathons O' r James Reilein Adams St 642 Adam t S 481 Clark St Hutc 51� 5350 tc son MN 55350 Hutchinson MN 55350 640 Ad 3 -2 - 0640 -061 64 s St S 210 481 Clark St - -06 42 3- 320 - 0481 -0520 47.76 333.70 104.63 Promises $25.00 11/2 $40.00 12/04 $39.63 12/11 Michael Stewart Wes Lohrenz Pamela Schultz 400 Connecticut 493 Connecticut St 536 Erie St S utchinson M 350 Hutchinson MN 55350 Hutchinson MN 55350 40 cut St 493 Connecticut St 536 Erie St S 3 -340- 0 -091 3- 340 - 0493 -071 3- 380 - 0536 -072 123 52.34 98.96 Promises 12/01 Promises 11/25 The Broaster Vince Jahner Mike Lerdahl X640 Hwy 7 712 Hilltop Or 833 Hilltop Or H h' on Mn 55350 Hutchinson MN 55350 Hutchinson MN 55350 64 7 E 712 Hilltop Or 833 Hilltop Or - 500 -06 -055 3- 530 - 0712 -021 3- 530 -0833 -061 41.81 373.60 133.40 cc: James Schlagel Promises $60.0/0^ Buffalo Lake MN 55314 $73.40 12/18 LCORARD C. LINDODIST LAOR[CS ACKM THOMAS S .GAOL M THOMAS [TT $ L I N D Q U 13 T & VENNUM EDWARD DARVLE L. TIMOTHY S. MCINTH[ M.GLENNOM EDWARD M.ELENNON WORT J. DAVENPORT DAVID J. ♦200 IDS CENTER M[LVIN LORCNST[IN G.NS M.LRR RD A. NOON PPIMLITH MAN MINNEAPOLIS, MINNESOTA 2205 ISRAEL .HRAWAM ISRADL 4 I R. WAITER .ACM MAN 1- 3211 TELEPHONE 16121 371 -3211 EATING [OECN[.LATINO THOMAS L. FARDL KATHARINE N. NELMS DAVID A. ALLOCYCR TIMOTHY R. SUTLER TELEX 29 OOM •JAMES RICHARD J.IITINEAU ROLF EHGM TELECOPIER 1INNEA3207 ILIP J. RTHUNLTALD PHILIP.ORTXON ROBERT .MITCER LL,JR. CABLE: LiN LAW MINNEAPOLIS JOHN A.FORRDST J. MICHAEL EL CAGY J.MICMACOSTLE KAREN L. SCMR[IBER WILLIAM E. FOR J.KCVIN cOSTLDY _ WAY2ATA OFFICE JOHN ONNELLY J HNJ. F.BEqGFALK ROSERT HARTMAN OHLER JOSEPH c..ONLER 7�0 EAST LANE STREET DAVID M.LEBEDOMF DAVID ESEDO RICHARD N DONALD WAT2ATA, MINNESOTA 55391 JOHN X. STROTXMAN C. W S OP COUNSEL DAVIOO.NEWMALL BRUCE .SONJOEON TRUCE A. DONJOUR DAVID L. SASSEVILLE MORTIS A LEY JAMES P.J MCCARTHY RCTU[D Pos[RT V. .AMMO J. JOMxSON JOHNSON WRITER'S DIRECT DIAL NUMBER LANEY DEKAUEY RICHARD iNRIO RICHARD HOWARD RONALD J..ATINE CAROLCRI. RONALDO.VANTINE MAC 371 -3517 JOHN S. MICHAEL REULIES E R.WAN LAURAXC[ R. WALOOCM THOMAS 6. LEVITY 3£ THOMAS GS LO October 30, 1987 Mr. G. Barry Anderson Arnold & McDowell 101 Park Place Hutchinson, MN 55350 DASD S. WCSCOC JONATHAN M. SIC LYNN M.ANOCRSON TIMOTHY P. SACR THOMAS C. OLENNON TIMOTHY S. MCINTH[ RCMCC J. SELIG J. ROSERT PAULSON, JR. TERESA B. BONNER JOSEPH A.THOMSON JOHN R. HOUSTON ANN L. IIJIMA DCN NIS M. WMALL[Y ELISABETH O.ASY EDWARD J. W[OCRSON WILLIAM Y. RIM DANIEL J. SHCRAM KATHARINE N. NELMS DAVID A. ALLOCYCR WALLACE O. HILKC ICRWEMCE J. FLEMING CHARLES P. MOORS[ ROLF EHGM PATI JO "FAML RICHARD T.OSTLUND LUKE M.TERMAAR DEBORAH M. BEGAN MICHAEL J. YOUNG MARTIN R. ROSENBAUM KAREN L. SCMR[IBER ELINOR C. ROSENSTEIN CHARLES J. LLOYD ROSANNE M. WIRTH WILLIAM P. MOVE DEBRA N. PAGE JAMES A. LODOEN MICHAEL O. OLAFSON JOCLM.GREEN DAVID L. HALLETT OP COUNSEL CHARLES R.WEAVER,JR. NORMAN L.N[WMALL DAVID L. SASSEVILLE DAVID A. DONNA RCTU[D DENISE D. REILLY THOMAS VENNUM Re: Hutchinson Industrial Corporation Industrial Revenue Bonds, Series 1973 Dear Mr. Anderson: As discussed on the telephone, enclosed are four iden- tical copies of the party wall agreement to be signed on behalf of the City of Hutchinson following approval of the agreement at • its meeting on November 10, 1987. The enclosed agreement is identical to the agreement enclosed with Richard Solum's letter to you of October 13, 1987, except that the signature and acknow- ledgment pages have been revised to recite the names of the parties signing the agreement. Yours very truly, LINDQUIST & VENNUM Carolyn P. Cole Legal Assistant CPC: ja CC: Jeffrey Green Jack Yates Rick Solum All 1 L It J r L� ` Ct DAVID B. ARNOLD CHARLES R. OAHMICHAEL MICHAEL B. L.SARON OARY D. MCDOMELL PAYE ENONLEs STEVEN A. ANDERSON O. EARET ANDERSON STEVEN S. HOOF CHARLES L.NAIL,JR. DANIEL S. BERENS LAURA. E. PHETLAND DAVID A. BRO ZXANN JOSEPH M. PAIEMENT October 26, 1987 ARNOLD & MCDOWELL ATTORNEYs AT LAW 101 PARK PLACE HuTCHINs0N, MINNESOTA 55350 (612) 587-7575 Mr. Gary Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 RESIDENT ATTORNEY + 1�� I O. MARRY ANDERSON.N N Re: Hutchinson Industrial Corporation Industrial Revenue Bonds, Series 1973 Dear Mr. Plotz: 6851 CEDAE IAEE EGAD MINNEAPOLIS, MINNESOTA 5641 (Sia) 665 -9000 MN TOLL FREE 500 -34D -4646 TEL6COPIER awl S40-1703 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 553n (8 ) 300-QQA 714 TENTH STREET EAST OLENCOE, MINNESOTA 55335 (6191 804 -am OCT 99U �wrl M I have received correspondence from Lindquist & Vennum dated October. 13, 1987 which regard to a proposed Party Wall Agreement which the City will have to execute. This Party Wall Agreement is required because the City is the owner of certain property leased to Hutchinson Technology, Inc. Attached to the various documents were various exhibits. I am sending to you a copy of the letter dated October 13, 1987 and the proposed agreement. The proposed agreement appears to be acceptable as to form and it will need to be approved by the City Council. I have no objection to approval. Please place this matter on the agenda for the first meeting in November. Thank you. yours, McDOWELL MA GBA: Un Encl d sure CC Richard B. Solum LEONARD v:.ic'il'MDi w "` nloriDl'e1 RnrzTr IN I N D Q U I S T 8'E V E N N U M OEMLO L. DAVID TIMOTHY E. MUSTEK MMA{MOS" MOM1ARD M.OLiNNOM J. NCHIMM J { =OO IDf CENTER MCLVIM I.ORCNETCIM J.SHESAN MARK MARK RD A. PRION JOHNSON RIDNMO ANACHMA" MINNEAPOLIS, MINNESOTA 1206 -80"L IERACI [.RRMNO R. WALTER RACMMAN 3 1- 3211 T(L(rNQN( 10121 371 -7(11 TELEPHONE iYOCRi. THOM" LIAOiI NATMAMMC W MLMS JAMES P. MARTIMCAU mMTtO TIMOTHY R. S TELEX 20 OOM J.FHTESEAALO TIMOTHY M. SATEEN JTLLEM TELLCOPI[R 1171371 -3107 16 ILIP J. ORTNUM IWCMAMD ROM[RT O.MITCMCIL,JM. CAALC: LIMLAW MINNEAOOLIS MN A. PORNIST J. MICHAEL CADY KMCN L. SCMREISER ILLIAM E. lox J. ACVIM COSTLEY WAYZATA OFFICE JOHN J. CONNELL, JIRROLD P. OCNOMALA ROICNT J. HARTMAN JOfOH O. KOHLER 740 EAST LANE STREET DAVID M. LCRCDOMM RICHARD O. M.NHIL WAYZATA, MINNESOTA S5391 JOHN M.HTNOTNMAN DONALD C.SWCNSON OF GOHIIML DAVID O. NEWHALL MRUCC A. HOMJOUR INWIO L SMSCIIILLC AURTIS A.O CCULCY JAMES P. M.CARTHT NrnNEO ROMCRT V.ATMOR[ STEVEN J. JOHNSON WRITER'S DIRECT DIAL NUMBER PATRICK OCMNCY RICHMO IMRIO HOWARD J. KAUFFMAN CAROL Y. AIEDCR RONALD O. VANTINC RODERICK I.MACKENSIH (612) 371 -3253 JOHN S.WINSTOM MICHAEL S. MMOULIES LAURMCI R.WALOOCH THOMM O. LOVCTTZC October 13, 1987 Mr. William J. Kennedy Corporate Trust Department First Trust Company, Inc. 180 East Fifth Street St. Paul, MN 55101 Mr. Barry G. Anderson 101 Main South Hutchinson, MN 55350 DAVID M. WESCOC JONATHAN M. we LYNN Y.ASDIESON TIMOTMT N. E THOMAS a.OLESNOM TIMOTHY E. MUSTEK Nemec 1. SCUD J. NOSEM PAULSON. JR. TCRESA S. MONNES JOSEPH A. THOMSON JON" R. HOUSTON ANN L.HLMMII DENNIS N. WHALLEY ELISAOETM O. ANY COWIMD J. WCOERSOM WILLIAM T. HUM OMIEL J. $HER" NATMAMMC W MLMS DAVID A. ALLOCTER MLLACE O. MHLM TtARCMCC J. FLEMING CHARLES P. MOOHSC MOLT CAROM PATI JO POFML RICHARD T. OSTLUND LUKE H.TCRNMN DESORM M. MCOAS MICHAEL J. TOWING MARTIN R. ROSENBAUM KMCN L. SCMREISER ELINOR C.ROSCMSYCIN CHARLES J. LLOYD ROSANNE ".WIRY" WILL'" P. NOTE OCS"A R. PAGE JAMES A. LOCCON MICHAEL D. OLAFSON JOCL M. ONCEN DAVID L. HALLETT OF GOHIIML CHARLES R. W EA CR, JR. NORMAN L. NEW HALL INWIO L SMSCIIILLC DMIO A. COMMA NrnNEO D[NIse O. MCILLY THOMAS WMNDM Re: Hutchinson Industrial Corporation Industrial Revenue Bonds, Series 1973 Gentlemen: • We are general counsel to Hutchinson Technology Incorporated ('HTI'), formerly Hutchinson Industrial Corporation. We write you to request your written approval of a party wall tie -in in connection with additional expansion of HTI's plant and office facility. The building expansion includes a wall 144 feet long adjoining the South side of the HTI facility. Enclosed for your review are copies of the following: 1. Sketch of new addition and description of party wall. 2. Architect's opinion. 3. Proposed party wall agreement. 4. Two recorded party wall agreements signed on behalf of First Trust Company and the City of Hutchinson concerning the 1984 and 1985 additions to HTI's facility. At the conclusion of the execution and recording of the party wall agreement, we will provide each of you with an original signed agreement. At the same time, we will also issue our opinion regarding the execution, delivery and recording of the . 1987 agreement and the two agreements referenced above concerning the 1984 and 1985 additions. LINDQUIST & VENNUM Mr. William J. Kennedy Mr. Barry G. Anderson October 13, 1987 Page two Please review the enclosed materials and let me know of your approval and /or suggested revisions to the proposed party wall agreement. Following receipt of your approval, we will circulate copies of the agreement for signature. Thank you. Very truly yours, LINDQUIST & VENNUM W".4, 6. P-4., Richard B. Solum RBS:ja Enclosure CC: Jeffrey Green Jack Yates • SKETCH AND DESCRIPTIONS • for HUTCHINSON TECHNOLOGY INC. 100 50 O too scale In feet 11 • North line Of 1-01 1 DESCRIPTIONS ON SHEET 2 corner of Lot t PELLINEN LAND SURVEYING HUICnin SOn, Minnrtolo Job No. 67136 t I Q 1 J I I a �\a, O 1 1987 AODt710N I I S t= ° Y n ty f I O to O F I a to ' 1983 ADDITION I # e 7 = \ I ° 2 _ W C W = 1976 ADDITION = 10 r — — — Y II 1973 ADDITION I o --- -- - -- --� I .ORIGINAL m 1972 BUILDING I I 1 — ` 96.00 148.00 53.48 i I MIN LINE 1'1 1 S890 57.00' W 1 ° I I cc W DESCRIPTIONS ON SHEET 2 corner of Lot t PELLINEN LAND SURVEYING HUICnin SOn, Minnrtolo Job No. 67136 Sheet 2 of 2 sheets DESCRIPTIONS FOR HUTCHINSON TECHNOLOGY INC. Description of Line 1 • Commencing at the northeast corner of Lot 1, Block 1, HUTCHINSON INDUSTRIAL CORPORATION PLAT, according to the recorded plat thereof; thence South, assumed bearing, along the east line of said Lot 1 a distance of 487.26 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 53.48 feet to the beginning of the line to be described; thence continuing South 89 degrees 57 minutes 00 seconds West a distance of 48.00 feet and there terminating. Description of Line 2 Commencing at the northeast corner of Lot 1, Block 1, HUTCHINSON INDUSTRIAL CORPORATION PLAT, according to the recorded plat thereof; thence South, assumed bearing, along the east line of said Lot 1 a distance of 487.26 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 101.48 feet to the beginning of the line to be described; thence continuing South 89 degrees 57 minutes 00 seconds West a distance of 96.00 feet and there termi- nating. Description of total line 0 Commencing at the northeast corner of Lot 1, Block 1, HUTCHINSON INDUSTRIAL CORPORATION PLAT, according to the recorded plat thereof; thence South, assumed bearing, along the east line of said Lot 1 a distance of 487.26 feet; thence South 89 degrees 57 minutes 00 sec- onds West a distance of 53.48 feet to the beginning of the line to be described; thence continuing South 89 degrees 57 minutes 00 sec- onds West a distance of 144.00 feet and there terminating. L, Pellinen Land Surveying Job No. 87136 July 24, 1987. i •.11.• - ltil I�..tl ,l • �� 302 612 /587.2463 August 7 , 1987 City of Hutchinson Attention: City Clerk 37 Washington Avenue west Hutchinson, Minnesota 55350 First Trust Company, Inc. Attention: Corporate Trust 180 East 5th Street St. Paul, Minnesota 55101 National City Bank of Minneapolis Attention: Corporate Trust 75 South Fifth Street - Minneapolis, MN 55402 • Re: Hutchinson Technology Incorporated (formerly Hutchinson Industrial Corporation) Ladies and Gentlemen: The undersigned is an architect registered to practice architecture in the state of Minnesota, and writes you as architect for Hutchinson Technology Incorporated (HTI). As you are aware, HTI, formerly Hutchinson Industrial Corporation, has entered into various agreements in connection with the issuance of industrial development revenue bonds which provided financing for building construction and equipment at its facilities at 40 West Highland Park, Hutchinson, Minnesota. Presently HTI is engaged in further expansion of its facilities, and I write you in connection with various obligations which it has under that certain lease between the City of Hutchinson and HTI dated May 1, 1973, and that certain loan agreement between the City and HTI. dated June 1, 1979. Please be advised that as architect to HTI, and past architect on the building construction in 1973, 1979, 1984 and 1985, I am knowledgeable as to the general nature of the existing and to be constructed facilities, their general purpose and the like. City of Hutchinson First Trust Company, Inc. National City Hank of Minneapolis August _2., 1987 Page 2 Current construction plans call for the following "tie -ins" with walls which are part of each "Project" described in the referenced agreements. In particular, the new facilities will tie in to walls located along the following lines: Commencing at the northeast corner of Lot 1, Block 1, HUTCHINSON INDUSTRIAL CORPORATION PLAT; thence South, assumed bearing, along the east line of said Lot 1, a distance of 198.26 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 149.74 feet; thence North 0 degrees 03 minutes 00 seconds West a distance of 24.00 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 96.00 feet to the-beginning of the line to be described; thence North 0 degrees 03 minutes 00 seconds West a distance of 120.00 feet and said line there terminating. Commencing at the northeast corner of Lot 1, Block 1, HUTCHINSON INDUSTRIAL CORPORATION PLAT, according to the recorded plat thereof; thence South, assumed bearing, along the east line of said Lot 1 a distance of 487.26 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 53.48 feet to the beginning of the line to be described; thence continuing South 89 degrees 57 minutes 00 seconds West a distance of 144.00 feet and there terminating. In.connection with the new construction, ingress and egress through these to -be party walls will be provided through openings therein. Utility connections involving utilities now a part of each "Project ".will be made for purposes of servicing the new additions. In connection with the 1. No alterations or will impair their 2. The new additions HTI for a common current business. above, please be advised that: changes to the walls in question structural integrity. are being designed to be used by purpose and in continuity with its • i • City of Hutchinson First Trust Company, Inc. • National City Bank of Minneapolis August L, 1987 Page 3 3. The new construction and tie -ins to the party walls will not impair the usefulness of either Project, will not destroy the means of ingress or egress therefrom, will not be detrimental to the proper operation of either Project nor impair the operating unity or the efficiency of them, and will not materially or adversely affect their character. Sinccerely, John W. Ko ngiebel, AIA • 1J AGREEMENT • THIS AGREEMENT, which is made and entered into effective as of the day of , 1987, is by and among Hutchinson Technology Incorporated (formerly HUTCHINSON TECHNOLOGY INCORPORATED and formerly Hutchinson Industrial Corporation), a Minnesota corporation (hereinafter "HTI"), the City of Hutchinson, a Minnesota municipal corporation (hereinafter "City ") and First Trust Company, Inc. (formerly First Trust Company of Saint Paul), a Minnesota corporation (hereinafter "Trustee "). WHEREAS, the City is the owner of certain improved property constituting some of HTI's plant and office facility located on Lot 1, Block 1, Hutchinson Industrial Corporation • Plat, McLeod County, Minnesota (hereinafter "City Property "), which is leased from the City by HTI according to a lease dated May 1, 1973, and filed with the McLeod County Recorder's Office on June 26, 1973, in Book 68 of Miscellaneous, on pages 303 -357 (hereinafter "Lease "). WHEREAS, Trustee is a trustee under that Mortgage and Indenture of Trust dated May 1, 1973, and filed with the McLeod County Recorder's Office on June 26, 1973, in Book 163 of Mortgages, on pages 347 -412, running between City and Trustee, which Indenture sets out various rights and obligations in connection with City Property (hereinafter "Indenture "); and WHEREAS, HTI is in the process of constructing an addition to its existing facility (hereinafter "the 1987 0 Addition ") which is adjacent to, and will use a common wall of 41 some of City Property; and WHEREAS, it is in the mutual interests of the parties for the 1987 Addition to tie into and become an integral part of the existing facility of HTI, including that portion which is City Property. NOW, THEREFORE, in consideration of the foregoing recitals, promises and conditions, it is agreed: 1. The City Property includes an exterior wall running approximately east and west on the southerly side of the City Property, which wall lies approximately on and several inches either side of the following described line: That part of Lot 1, Block 1, Hutchinson Industrial Corporation Plat, according to the • recorded plat thereof, McLeod County, Minnesota, described as follows: Commencing at the Northeast corner of Lot 1, Block 1, Hutchinson Industrial Corporation Plat, according to the recorded plat thereof; thence South, assumed bearing, along the East line of said Lot 1 a distance of 487.26 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 53.48 feet to the beginning of the line to be described; thence continuing South 89 degrees 57 minutes 00 seconds West a distance of 144.00 feet and there terminating. (Above described exterior wall hereinafter referred to as "City Wall One "). 2. The City and Trustee hereby agree and consent to HTI's use of City Wall One as a party wall of the 1987 Addition and the making of such cut -ins, utility connections and the like through or on City Wall One as are reasonably necessary to the 0 operating unity of the 1987 Addition and City Property. The 2 Trustee and City hereby grant to HTI, its successors or assigns, an easement in City Wall One to the extent necessary to fully effect the purpose and rights which HTI could have in connection with party wall and related provisions in the Lease and Indenture. HTI expressly agrees that it shall maintain City Wall One so that its use shall not adversely affect the character or impair the operating unity, structural integrity or efficiency of the City Property. 4. The rights, consents, releases and easements provided for herein shall run with the land. Any rights conferred on the City or Trustee or obligations imposed on HTI hereby shall cease at such time as the Lease is fully satisfied. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above • written. HUTCHINSON TECHNOLOGY INCORPORATED By Jeffrey W. Green Its Chief Executive Officer FIRST TRUST COMPANY, INC. By Frank P. Leslie, III Its Trust Officer CITY OF HUTCHINSON By Paul L. Ackland Its Mayor 3 W (612) 587 -5151 ITY Of HUTCHINSON WASHINGTON AVENUE WEST CHINSON. MINN. 55350 M E M O DATE: November 12, 1987 TO: ,Mayor and City Council FROM: Director of Engineering RE: Reimbursement for Crop Damage - Relief Sewer Project As a result of the force main installation by Arcon Construction on and across the 3M Property, for which the City had secured and easement, a portion of the alfalfa crop, about 1.6 acres, that was inplace at the time of construction, was damaged. No part of the damage was sustained due to careless or inappropriate construction procedure. A covenant in the easement states that the City will reimburse the property owner a reasonable is value of damaged crops. .Mr. Roger Karstens, who is renting the land from 3M, has requested reimbursement. Mr. Karsten , 3M and I have agreed upon the value of the crop damage as being $300.00. Conferring with the County Extension Agent provided further justification for the value. Council approval of the payment is requested. EA/pv 0 Respectfully submitted, n e Direct of Engineering 9-c. (612) 587 -5151 %lVTIH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O DATE: November 10, 1987 TO: Mayor and City Council FROM: Director of Engineering RE: Subdivision Agreement for Sorensen's Addition Submitted herewith for the Council's consideration, is the proposed Subdivision Agreement for Sorensen's Addition. 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Mwr., n ...n ry m.r.a. .r rn. r.r. _ ,. r 1 u.roy cLU 11Y rn.r rW . IvmL.•. H,u.re. ... ,.... ..,... w: ., _. . 11 0 • SUBDIVISION AGREEMENT SORENSEN'S ADDITION CITY OF. HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Loretta McDonald, a Widow; Larry L. Sorensen and Barbara J. Sorensen, husband and wife; and First Bank of Minnesota, a Minnesota corporation; hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal corporation in the County of McLeod, State of Minnesota, hereinafter called the "City"; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of a tract of land in the Southwest Quarter of Section 36, Township 117 North, Range 30 West, a parcel of which to be known as Sorensen's Addition, which is located in the City of Hutchinson, McLeod County, Minnesota, and; WHEREAS, City Ordinance No. 464 and 466 requires subdividers to make certain improvements in the Subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. It is understood and agreed that the sanitary sewer, water main, storm sewer, street grading, aggregate base, curb and gutter, bituminous base course and bituminous wearing course have been installed on School Road adjacent to the Subdivision. 2. It is understood and agreed that the sanitary sewer, water main, storm sewer, street grading, aggregate base and street paving have been installed on Trunk Righway 7 adjacent to the Subdivision. 3. It is understood and agreed that the following prorated assessments have been previously levied against the Subdivision for improvements on School Road: - Storm Sewer- Assessment Roll No. 75- Project No. 78- 02- Adopted in 1979 - $8,132.39 Levied - $1,630.28 Current Payoff; - Grading and Aggregate Base- Aasessment Roll No. 84- Project No. 79- 05- Adoopted in 1980 - $850.18 Levied - $255.65 Current Payoff; - Curb and Gutter - Assessment Roll No. 113 - Project No. 80 -01- Adopted in 1981- $9,504.47 Levied - $3,810.69 Current Payoff; and - Grading, Aggregate Base and Bituminous Surfacing- Assessment Roll No. 200 - Adopted in 1985 - $3,291.93 Levied - =2,639.172 Current Payoff. 4. It 1s understood and agreed that the assessments denoted in Paragraph 3 will be reallocated to the lots in the Subdivision as follows: Levied Assessment Amount Payoff Assessment Amount Assess. Lot 1 Lot 2 Lot 3 Lot 1 Lot 2 Lot Roll # 29.6" 29.6% 40.8% 29.6$ 29.6" 40.85 75 $2407.19 $2407.19 $3318.01 $ 482.56 $ 482.56 $ 665.16 84 $ 251.65 $ 251.65 $ 346.88 $ 75.67 $ 75.67 $ 104.31 113 $2813.32 $2813.32 $3877.83 $1127.96 $1127.96 $1554.77 200 $ 974.41 $ 974.41 $1343.11 $ 781.36 $781.36 $1077.00 SUBDIVISION AORM29XT SORENSEN'S ADDITION PAGE 2 5. It is understood and agreed that the possibility exists for the construction of sidewalk on School Road and /or Trunk Highway 7, and of curb and gutter on Trunk Highway 7. It is further understood and agreed that Lots 1, 2 and 3 will be considered a petition for said improvement on School Raod, and that Lot 3 will be considered a petition for said improvement(s) on Trunk Highway 7. It is further understood and agreed that future assessments for said improvement on School Road will be based on the frontage of Lots 1, 2 and 3, and that the future assessments for said improvements on Trunk Highway 7 will be based on the entire frontage of Lot 3 that abuts Trunk Highway 7. 6. It is understood and agreed that the Subdivider hereby waives all rights to a public hearing and appeal for the cost of all improvements petitioned for in Paragraph 5. The waiving of all such rights shall be binding upon and extend to the heirs, representatives, assigns and successors of the Subdivider. 7. It is understood and agreed that the Subdivider will install sanitary sewer service, water main service and storm sewer service from the mains in the street to the property line for all lots in the Subdivision that do not have said services inplace. The entire cost of service installations shall be borne by the Subdivider. Connections to the existing sanitary sewer in the absence of a wye or riser, shall be made by tapping with a tapping machine approved by the City. Connections to the inplace water main shall be made by wet tapping. Connections to the existing storm sewer shall be accomplished by construction of a manhole. Said service installations shall be completed to a lot prior to occupancy of a building on the particular lot. All work shall be accomplished in accordance with City requirements. [41 It is understood and agreed that the Subdivider will install concrete driveway approach panels and curb openings to all lots in the Subdivision. Removal of existing curb and gutter and construction of _drop curb openings shall be in accordance with City requirements. Said - &4 -veway panels shall be in accordance with drawings on file at the Office of the Director of Engineering, and shall be constructed to each lot in conjunction with the construction of buildings on each lot. 9. It is understood and agreed that the Subdivider will make a cash contribution to the City of Hutchinson Parks and Playground for Sorensen's Addition in the amount of $897.82, which is for one dwelling unit per lot. Charges for additional dwelling units per lot will be due at the time a Building Permit is issued and the cost will be according to the City Fee Schedule for additional units at the time said permit is issued. 10. It is understood and agreed that, prior to the installation of electrical, gas, telephone and cable television utilities and appurtenances in the platted easements, the Subdivider will clear any trees and /or debris from utility easements, as per the request of the utility prior to installation of the facility and shall grade the easements to within 6" of finish grade. 40 • • SUBDIVISION AGREEMENT SORENSEN'S ADDITION • PAGE 3 11. It is understood and agreed that all electrical,gas, telephone and cable television lines in easements that may have to be moved by request of the property owner, will be done at said property owners expense. 12. It is understood and agreed that to fulfill City Policy, not less than two trees and not more than four trees will be provided in the drainage and utility easement adjacent to School Road for each lot. The Subdivider or property owner shall purchase from the City and pay one half the cost of said trees and the City's portion of the payment for the trees shall not exceed $10.00 per tree. Said trees shall be planted by the property owner. The Subdivider hereby petitions the City to install not less than two trees and not more than four trees per lot and assess the properties in the subdivision, the cost less allowed City's portion of said cost. Said installation will be included in the last assessable improvement to be installed for the Subdivision or may be assessed as a separate improvement, in which case, the stipulations of Paragraph 6 will apply. All trees installed at the time of said last assessable improvement will be credited to the properties where the trees are located. • Species selection will be determined by the Tree Board. Should the Subdivider or property owner wish to plant a tree which deviates from the selected specie list, he /she must present his /her request to the Tree Board. The City will, at no charge to the property owner, replace any tree which dies within one year of the time of planting. 13. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 14. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office and return a copy of the recorded agreement to the City Engineer's Office, and that no Building Permits will be issued until said Agreement is recorded. IN WITNESS THEREOF, said Loretta McDonald, Larry L. & Barbara Sorensen, and the First Bank of Minnesota, have hereunto set their hands this _ day of , 19_. Loretta McDonald • Larry L. Sorensen Barbara J. Sorensen FIRST BANK OF MINNESOTA By: Lowell G. Wakefield, Its President SUBDIVISION AGREEMENT SORENSEN'S ADDITION PAGE 4 STATE OF MINNESOTA The foregoing instrument was acknowledged before me • COUNTY OF this _ day of , 19_, by Loretta McDonald, a widow. Notary Public, County, Minnesota My Commission Expires STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this day of , 19_, by Larry L. Sorensen and Barbara J. Sorensen, husband and wife. Notary Public, County, Minnesota My Commission Expires STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this day of , 19_, by Lowell G. Wakefield, President of First Bank of Minnesota. Approved by the City Council on the _ day of , 19_. • CITY OF HUTCHINSON Its Mayor Its City Clerk STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this day of , 19_9 by Paul L. Ackland, Mayor and Gary D. Plotz, City Clerk. Notary Public, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD 8 McDOWELL 101 Park Place • Hutchinson, MN 55350 Telephone No. (612) 587 -7575 Attorney I.D. #196X .DAVID H. ARNOLII CHARLES R.CANXICHAEL MICHAEL H. LSBARON OARY D. MCDOWELL FsYE ENONLE9 STEVEN A. ANDERSON O. HARRY ANDERSON STEVEN S. HOOF CHARLES L.NAIL,JR. DANIEL J. HERENS LAURA E. FEETIAND DAVID A. HRDEOOEMANN JOSEPH M. PAIEMENT November 4, 1987 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HDTCH2NSON. MINNESOTA 55350 (812) 587-7575 RESIDENT ATTORNEY O. HAREM ANDERSON Ah� CJ' Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Airport Appraisals Albertson Property Our File No. 3188 -87 -0003 5551 CEDAR LEE ROAD MINNEAPOII9, MINNESOTA 55415 Mal 545 - 4000 MN TOLL FREE 500-04'1 -4645 TELECOPIER 16121 645•!743 50190V H FOURTH STREET PRINCETON, MINNESOTA 55371 (61W 359-22I6 7L TENTH STREET EAST OLENCOR, MINNESOTA 65035 101£) 606-581 Dear Gary: • Attached please find a photocopy of the Purchase Agreement with attached Addendum for the purchase of property and easement ac- quisition in the area of the Hutchinson Municipal Airport. The property involved in the Purchase Agreement was formerly owned by Dennis Albertson and is now owned, apparently, by the Citizens State Bank of Gibbon. • I would appreciate it if you would place approval of the terms of the purchase on the City Council agenda at the next City Council meeting. Essentially, the City is acquiring the requ (see an Easement) for the amount set forth in the Robinson appraisal, except that the bank is requiring the City to pick up the closing expenses. Since the closing expenses will be less than $500 and perhaps less than $200, this is an equitable and fair arrangement and I have no difficulty recommending approval of the Purchase Agreement to the City Council. Attached is a copy of my letter to Kerry Olson. If you have any further questions or comments in regard to the fore- going, you should certainly contact me. Thank you. Y yours, iy A1jaerso Enclosures DAVID A AtROLD C••R•« t. CAE1RCDAEL MTCRAEL S. LZAASON OAST D. MCD(AIET.L PATE RNOTILEE STEVEN A.ANDESSON O. Mess! ANDERSON STXVZX S. moos CRAS+I&S L. RAM, JR. DANIEL J. DERENS LAUD► E.PDETLAND DAVID A. DRUSOORMANN JosEPD M. PAIRMRNT November 4, 1987 Axxol.D & MCDow LL ATTonxazs AT Lew 101 PASS PLACE HuTcRTxEox. MI"ZSOTA 55350 (912) 587.7575 Mr. Kerry B. Olson Gavin Law Firm 1017 Hennepin Avenue Glencoe, Mn. 55336 -2287 DESIDEIIT ATTORNRT O. EASES ANDERSON Re: Hutchinson Airport Our File No. 3188 -87 -0003 Dear Mr. Olson: em CRDAR LEE ROAD MINNEAPOLIS, MDIRESOTA R"00 "M 645 -9000 Mx TOLL PEER 600.040 -4646 TELECOPIER PRiS1546-1790 601 ROUTE 110 t m STREET PEINCETON, MINNESOTA 66671 16151 069.9914 714 TENTH STREET EAST OLENCOE, MINNESOTA 66006 MR) 664 -61E This letter is a follow up to your correspondence of approximately • a month ago relative to property now owned by the Citizens State Bank of Gibbon. I am enclosing herewith a standard form Purchase Agreement with attachments that set.forth the terms and conditions as agreed. Note that I have specifically provided in the Addendum that the City of Hutchinson will bear the closing expenses with the exception of your fee for professional services. I have asked the City Administrator to place this matter on the City Council Agenda for November 10, 1987 and I anticipate the Purchase Agreement will be executed at that time. I would appreciate it if you would send the Abstract of Title to the Recorder's office and ask that it be brought up to date with all standard searches, (judgments, bankruptcy and tax liens) and forward it to my attention as soon as these services have been completed. The City of Hutchinson maintains an account with the McLeod County Recorder and the fee for bringing the Abstract up to date can be charged to that account. I would think we would be able to close this transaction within a week to ten days after I receive the Abstract and, of course, as noted, I will prepare the necessary deed and easement. Thank you for your kind attention to these details. Best personal regards. Very truly yours, ARNOLD 6 McDOWELL G. Barry Anderson GBA:lm CC Gary Plotz E �E 0 • 0 w my. w NN STANDARD Yv .u,N RaM.Cop, PURCHASE AGREEMENT OIIS WN'.Is mho mNOTCOP. assie+t. Lw PINICBswr'e esaiM 1 _ Hutchinson ,1101, b ,19 2 RECEIVED OF City of Hutchinson, a Municipal corparAflinn _ 3 the wind One and no/ 100---------------------------- _�(M(s 1.00 4 by Cps 1 es almost money m be deposMd the nor Wu day Nbr aaSpbTxs n trials account d hang poker 5 luntesa otharwies Spesdisd n writing) and n Dart Oarnrtp 9 for the pi rears, d the preatbea Is"Ov dSawbad as 6 _ See attached Exhihi♦ -A- 7 8 located et(Street Adeneea)Hural Rntrls 9 Ciryd Hutchinson ,County of McLend Slated Minnaaga 1 �) including all plants. shrubs and Imes, all poem windows and /pr inwts, storm doors, =sent awnings, window shades, blinds, curtain. tt ue m -OraPM rods,atuchedlghtirgfimweswithbu0n. plumbing houses, wealthiness. testing System. humidifier,onpdakmrdilionng, 12 atecron7c air filler, automatic Benefits dos opens, with controls, water @of,~. cob aswisiont Outlets and taping, BUILT -INS to nci 13 dishwasher. garbage disposal. trash compactor. avorKsL cocktop puss. microwave owrt, hood -fan, f,pam, inaWMd oaryednp, IF ANY. 14 localed on the common on which are the DroppN of Satin and Mm the following penpW property; 15 16. 17 aNdwhichpropwty SelbrhnthadrylpMmBuyarfordWa of;s 10 nnn_nn t8 Ten Thousand and no/ 100------------------- - - - - -- - - - - - -, is 20. which Buyer agrees to pay in the followkg marrw: Earnest money, of S _ 1 _ nn ard 21 a 91999.00 ash on or before . the data of closing, and the bebntce 22 d t by fir ancrng es Manor- 23 24. 25 26 27. 28 29 30. 31. Am& dmdan _pmendums which we nude a pen ofthis a 32 SUBJECT TO pslmnby Buys, Selbages m wand MIvw * General Warranty Deed, 33 m be joined in by spouse, N any, Conveying marketable title so the members subjep ardym the following eaaptions: 34. (1) BuildingaMmrorglawcordinan .Stpeand Federdregdatipn. ¢) Reatrelipr irgb use aimprovemamdtMpramiaeswithout 35. effective forfeiture provision. (3) Reservation derri"*mabwrrdweirfOhtsmtita Softof Minnssda. µ) Wihy and 6einega wnrrtb 36. which do not interfere with present improvemertls. 15) ROM d tenants, d eery. 37 REAL ESTATE TAXES Sailor agrees to pay —, 0 / 12th and Buyer aormuipsy-13—_/ 12thsd losodueardpayable in they4m 38 19 JU. Sager epees to pry 0_ / 12th and Buyer spaSp oo pay _.12. / 17tlrd anaual ktsulkner4 d apeCiai aaw.nurtts dus 39 ancipayablsindteyearl9B8. °'Buyer &yeaBto assume on the doe ddoslng all coedit usasanonts levied and pending_ 40 Buyer Shall pay roses due end payable in the year 19 _ and any unpaid inaptness, of Special m,,,nems payable therewith 41 and thereafter. Seller wmsma thin tezes title and payable in the year 19 AB_ vac be non . ttorntaatead 42 classification. NohMr Sailor nor Seller's Agent mskea arty npresenmtpn osroardrg tits snartmt d fuMe real Sputa tests. 43 WARRANTIES Soler warrants that buildings, if any, are entirely within the boundary Ines of the premises. Salim warrants that all 45 8 tsnces,heiningand siranditimirp, wiring endplumbyrg ueadand located mtloprardees see inproperwrxkinpprdermdaredefosrng. uyerM9 right toinapect prsmiaeapripr mclaing. Buyerahelisinisty haeseN /hersellsthb / her alpenseMataN eapNancas, heeling andair 45 conditioning. wiring antd plumbing are in proper working ceder batons ebsirg. Sender vrarmtsUUttlle prsmbes re annnecoed to: city sewer 47 ❑leas - a na: city roper Oyes -y0 na. N the Premises re destroyed « subpaftheay esmaped by Ike a arty other cuss before the 46 closing date, Mis apeement shall hecarru nWl end wid at Baleen's option, and tsar esmwl mmsy shah W ratunded fe Buyer. 49 POSSESSIONSeNer apreasmdativer poeseesion rot letarthan Aare of cycles 57 Ailimarast, city water sndeewar tdurpes.alectricgysndnscurN ties cMrpSp.hml oNendliquitlpavolsum pesthell bepro-ratedbetweenfve 51 genies Sp d . Sander apses m rsnnoye end Asbr'ar snd Y y2 �� helpre psraonal pnperty not Inncludsd herein ham the poseaasion bless. 53 TITLE a E1fAMINATON Seller SMN, witithn s rsaSOruble time titer amepwta d this epreement. famish an Abstract d This, or a 54 Repiinared propertyAbstraeLCMifiedmdaumindWeprOpsrsearclrs :OaeringWnaoupxves. StateaMFederalludgmenls and Nerm.euyer 55 ahellhe alnwedl0buainessdsya sit ersholtferesam:1120 dltile and mekirp aayd>jectfona, which sMllhemede in vahIngadaemsd Sri waived. Ifarryobjectionbeamada Setiershllheallowed 120dsyamnuke tide ntarkaarble. Pending corectionof title, payments hereunder 13 7 required sMII be postponed, but "I'm ='Mint If 'hill end within 10 days after vo'%M notim to Buyer, the Panes shall parlor, this Sts 691"moni accordngtorts forma Nmle b not contacted within 120deq loom Medsudvnitten dijeclion, thisagrsememshall be n,Nard .`.'1 rod, at option d Buyer, neither parry pull be liable far den ftn hereuMar m IM edur, and earnest motley shell be refunded to Buyer. DEFAULT N title is madatablear iscomected within said time, and BUM defauhsinanydtiteagreements herein, Seller mayterminne this r.2 �"MIKIL ancient such termination allierncents madehereuMarshall bomeiredbySWw"Agm, a theerespective ntaresl6 mayappear, ices ages. tenebmVoftttstesenxe hersof.Thisptviaicnpyp not dephear usprryd,eripMdadarcirgtMapeeals rfamenu ��' of this agreement, provided this agreement is rmltermnated and action to enfwa specific pplmnanalscanmencedwispecifi months Sher :1 Such fight ol action arises. Inthe event Buyer defaults in his performance of the termsofthis Agreement, and Notice of Cancellation is 5 grvedupon the Buyer pursuant its MSA 559.27, the termination period shall be thirty 130) days as parmilled by Subdivision 4 of MSA C7 ACCEPTANCE Buyer understands and agrees that this safe is subject le acceptance fond Segar in wiping.A IS, is of liedls or responsible 1:8 m aaoum d this agreement except to return Or account for the wrest money. Gq AGENCY DISCLOSURE stipulates he a eke Is representing the In this transaction. The listing agent a stipulates he err she Is napraesnting am saw In this limum tlm. 71 L the owner of the premises, accept this agreement and I agree to purchase the premises for the price ahem the forms and 72 the sale hereby mad, aridftictts let lanh sbova. 73 SELLER CITIZENS RTATE 8 A OF CTRROL BUYER CITY OF NTTMCWTN¢nra i t 74 SELLER By: BUYER By Corporation 75 Delivery of all Papers and monies dull be made in the office d: 76 Company Selling Agent 77 Address City Zip 78 THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD. SEEN COMPETENT ADVICE. ADDENDUM NO. 1 0 The parties hereto agree that the legal description of the property to be purchased in fee is as follows: That part of the Southwest Quarter of the Southeast Quarter of Section 12, Township 116 North, Range 30 West of the 5th Principal Meridian, described as follows: Beginning at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence easterly, along the south line of said Southeast Quarter, a distance of 494.87 feet to a point on a line parallel with and 250.00 feet northeasterly, of, as measured at a right angle to, the northwesterly extension of the center line of the Hutchinson Municipal Airport runway; thence northwesterly, along said parallel line, a distance of 874.02 feet to the point of intersection of the northeasterly and southeasterly lines of Safety Zone A as per the Hutchinson Municipal Airport Zoning Ordinance; thence southwesterly, along said southeasterly line of Safety Zone A, distance of 104.77 feet to the west line of said Southwest Quarter of the Southeast Quarter; thence southerly, along said west line, a • distance of 729.57 feet to the point of beginning. ADDENDUM NO. 2 Property to be covered by Zone A - The parties hereto agree that the legal description of the property to be covered by an avigational easement to be granted to the City of Hutchinson by the fee owner is as follows: That part of the Southwest Quarter of the Southeast _ - Quarter of Section 12, Township 116 North, Range 30 West of the 5th Principal Meridian, described as follows: Commencing at the northwest corner of said Southwest Quarter of the Southeast Quarter; thence South 0 degrees 04 minutes 52 seconds East, assumed bearing, along the west line of said Southwest Quarter of the Southeast Quarter a distance of 280.89 feet to the intersection with the northeasterly line of Zone A as per the Hutchinson Municipal Airport Zoning Ordinance, and the point of beginning of the land to be described; thence South 18 degrees 55 minutes 16 seconds East, along said northeasterly line, a distance of 288.11 feet to the intersection with the southeasterly line of said Zone • A; thence South 62 degrees 32 minutes 54 seconds West, along said southeasterly line, a distance of 104.77 feet to said west line of the Southwest Quarter of the Southeast Quarter; thence North 0 degrees 04 minutes 52 seconds West, along said west line, a distance of 320.85 feet to the point of beginning. 0 • 0 ADDENDUM NO. 3 The parties to the Purchase Agreement hereto agree that in exchange for the consideration recited in the Purchase Agreement, Seller shall convey to Buyer an Avigational Easement to be sub- stantially in the form attached hereto and marked as Exhibit 3 -1 and 3 -2, identified as a "clear zone easement." As and for the consideration for the purchase described herein, Buyer agrees to bear all costs of document preparation, abstract expense, state deed tax, filing fees and all other routine closing expenses. Buyer shall not be responsible for Seller's legal expenses, if any. • November 16, 1987 City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn: Mr. Gary Plotz City Administrator Re: City of Hutchinson Sanitary Sewer Improvements Donohue Project No. 41880 Proposed Flow Equalization Dear Mr. Plotz: Basin Fence Addition 1/3141516r 6 } Br On October 21, 1987, Mr. David Gustafson of the Minnesota Pollution Control Agency was on -site observing the Flow Equaliza- tion Basin liner installation. Mr. Gustafson questioned when the fence around the Basin would be installed. He was told there was no fence required. He strongly suggested that a fence be installed and indicated that the cost would be Grant eligible. On November 13, 1987, the Contractor provided a written cost quotation of $8,328.00 for approximately 974 linear feet of 8 foot high cyclone fencing to surround the Basin. This cost includes a prime contractor mark -up of only 2%. This cost is reasonable. Since this new WWTF will be a showplace, many visitors including children will be taking tours of the Plant site. The Basin will be a prime point of interest for children. With the very steep slopes, the liner is extremely difficult to climb up if someone slips in. The pond should be separated from the remaining plant by a sturdy fence. Also, due to the location of the new WWTF in an area where deer and other animals are present, an 8' high fence is better able to keep these animals out of the Basin than the 6' high site fence. A deer could punch many holes in the Basin liner prior to being removed which could result in a large repair bill. Therefore, it is recommended that the City of Hutchinson authorize an addition to the WWTF Contractor's Contract for $8,328.00 and no change in Contract Time to construct an 8' high cyclone fence around the Flow Equalization Basin. If authorized, this will be Change Order No. 4 Very truly yours, DO05- & AXCIA�ES �� George;MacDonald, Project Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 Engineers & Architects 612- 425 -2181 Engineer Attachments: 3 copies of Proposed Flow Equalization Basin Fence Addition I' F.- (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST • HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: November S. 1987 TO: GEORGE MACDONALD — --- --- ---- — — — — — — — — — — — — — — — — — — — FROM: RANDY DEVRIES ------------------------ - - - - -- SUBJECT: FENCE AROUND EQUALIZATION—BASIN — — — — — — — — — — — — — — I am requesting a fence be put up around the Equalization Basin for the following reasons: 1. With a fence around the basin, the City's potential liability would be less. 2. The potential of wildlife (deer) entering the basin is a possibility even with the outside fence. A deer inside the basin would pose a large maintenance problem for the staff. RD /pl J2. r 1 /0 TcSATt r\ + { EziSr(.v, \ �6' NICM CHAIN LINO FENCE P { r90536.6N \ 10.1 \ +\ 37623.0E i , f� { _FOIST -7A1 f7 _ B`T /y { FLOW EOUALIZATION BASIN 4. I I RATER LEVEL 1011.50 (MAX) 90166.8 \ 37716.0E .! N xM 0 a 0 0 m• xio' L� 4fFS�r 1 i P i� E7vsriN6. _. FLOW EQUALIZATION BASIN WATER LEVEL 1011.50 (MAX) IS_LCN!L__ r— LOW EOUALIZATION BASIN DRAINAGE STRUCTURE J9 (fITr OF 1-4vYCI.)IN- raA/ L✓WT -F 44890 T m .• f a -tea lRf 1 x T' 1 x �6'NICN CNAIH ti XDR/9.VT'J o — 4y- OTMEC.T_ : IN I elµ! ,H C14n1.v LIAIk f6n149! Fvaex 97 4L. F aw5 DgTE 1l-J -87 ( — T ___ JD rAgrt 4,x IV' — orFSC \r \r fir, 1 Cirr of 14L,'r"c1JrNJuJ✓ WWT-F QvoNvF_C.v6 1�4oJEcr ¢/g *U 1 —s• NIGH CHAIN LIW FENCE ••.,r Ei.,� .. . �r ••. r,+4,•o b,4, r° r� N B4f +\ % t sas�.nl T 77l10.oc x MI H GUIN� I �6'Nidl p111N o) ti YDR/ilvrs ox Jos I0E- -.nl - hFNGIs' /ipC A QY Orrlft./ B'HIr,N CJiniN G+Jk IfeveC RVR ox 97 40. F awf l7ATE 11 -,3 -617 T x x /,1 vJ — /0 '6.4-re 10• N m J 10' y'X 10 DFFSE'r + \ 4. ! Y \ �6' NIGH CHAIN LILAC FENCE •.•J ftJJI * , - 90536.6N fqe + 37623.0E \ •t \ <i \ f F,risrMrg � °•J0. + � -..� FLOW EOUALIZATION BASIN WATER LEVEL I044.50 tuaX1 90468.ON m1e.aE Exlsz -1,�r, FLOW EOUALIZATION BASIN RATER LEVEL IM4.50 (MAX) ��l_N!z__. rFL? W EQUALIZATION BASIN DRAINAGE STRUCTURE JA / >< xise.IH�i`C y I � 37N0.0E�i1 N � � I M II I of tiYD RNN'rS_ °e _iA1J1°E �I Qy OTMEe.r I _ i4✓ T L e'!♦1 ,N CNnW Li AJk }(Fn/6C c ` I rr or 1i VY(; 1. iAi-ry .1 _OOAPONVF eA. 6 l-.o°JECY- `-liggU Uwf DeTF 11 -J-e7 Donohue November 17, 1987 City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn: Mr. Gary Plotz City Ad inistrator Re: City of Hutchinson Sanitary Sewer Improvements Donohue Project No. 41880 Change Order No. 1 Dear Mr. Plotz: ff, S °p� ✓,��`798� s Attached are three copies of Change Order No. 1 on the Sanitary Sewer Improvements project for review and execution by the City. The City of Hutchinson encountered some concern from the Hassen Valley Township residents along a portion of the City's forcemain alignment. These residents are located on a dead -end • street east of the Crow River and south of Arch Street. In this area the dual 18 inch forcemain was originally located under the gravel roadway which provides access to the homes of these residents. The construction, as originally proposed in a 33 foot wide easement, would severely limit access for these residents. No other alternate access was available for these residents. The City elected to relocate the forcemain to an alternate alignment. This alignment moves the forcemain out from under the gravel roadway and locates it generally in a 40 foot wide easement which the City has obtained from the 3M Company. This location allows continuous access to be provided to the Township residents during the construction operations. The new alignment also allows better access to the forcemain for repair vehicles and less restricted access to the forcemain when the roadway is paved in the future. The costs for this change includes the differences in pipe length, pipe fittings, ground cover restoration, road restoration, utility interferences and government agency requirements. Contract unit prices were used wherever possible for quantity adjustments. The Contractor's initial quotation was $10,840.10. Additional claims related to the work resulted in a revised quotation of $12,120.66. . The change was negotiated downward to $11,831.02. The cost was reviewed and found to be reasonable Donohue & Associates. Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 Engineers & Architects 1 of 2 612 - 425 -2187 The Minnesota Pollution Control Agency (MPCA) was notified of the proposed change in alignment and verbally agreed to the change in principal. Therefore, it is anticipated that this change will be Grant eligible. Therefore, it is recommended that the City of Hutchinson approve Change Order No. 1 in the amount of $11,831.02 with no change in Contract Time. After executuion, please return two copies and I will forward one copy to the Contractor. Very truly yours, DONOHUE & ASSOCIATES, INC. George MacDonald Project Engineer Attachments: 3 copies of Change Order No. 1 1 Documentation Package u Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 2 of 2 Engineers & Architects 612- 425 -2181 s NAME OF PROJECT: OWNER: CONTRACTOR: CHANGE ORDER Change Order No•.1 (Forcemain Realignment) Date: 11 -4 -87 Original Agreement Date: 4 -29 -87 EPA Project No. C27 City of Hutchinson Sanitary Sewer Improvements City of Hutchinson Arcon Construction Company, Inc. The Justification for this CHANGE ORDER is attached. 1363 -03 The following changes are hereby made to the CONTRACT DOCUMENTS: Original CONTRACT PRICE $ 911,746.96 Current CONTRACT PRICE adjusted by previous CHANGE ORDER #2 $ 918,930.34 he CONTRACT PRICE due to this CHANGE ORDER will be ease decreased) by The new CONTRACT PRICE including this CHANGE ORDER will be $ 11,831.02 $ 930,761.36 Tke rnFm ?arm TIM will be increased (decreased) by -0- calendar days. The date for completion of all work will be April 5 1988 (Date). Approvals required rP for to implementation: _ Engineer's recommendation, by � oYa date //7/2 ,F7 Owner's order, Contractor's acceptance, by date by L_ da to 9 Approval stamp of Minnesota Pollution Control Agency (MPCA) : - -ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or objective of the project. • ELIGIBILITY of costs for grant assistance is verified only by letter from the MPCA. MPCA 2/82 5/84 17.1 -1 City of Hutchinson Sanitary Sewer Improvements Change Order No. 1 Forcemain Realignment The City of Hutchinson has encountered some concern from the Hassen Valley Township residents along a portion of the City's forcemain alignment. These residents are located on a dead -end street east of the Crow River and south of Arch Street. In this area the dual 18 inch forcemain was originally located under the gravel roadway which provides access to the homes of these residents. The construction,as originally proposed in a 33 foot wide easement,would severely limit access for these residents if not completely prohibit it. No other alternate access is available to these residents. The City elected to relocate the forcemain to an alternate alignment as shown on Drawing No.'s 3R, 4R, 5R, and 6R. This alignment moves the forcemain out from under the gravel roadway and locates it generally west of the Section Line in a 40 foot wide easement which the City has obtained from the 3M Company. i This location allows continuous access to be provided to the Township residents during the construction operations. This alignment also minimizes the disruption of the resident's property and drainage improvements. The new alignment also allows better access to the forcemain for repair vehicles and less restricted acess to the forcemain when the roadway is • paved in the future. The costs for this change includes the differences in pipe length, pipe fittings, ground cover restoration, road restor- ation, utility interferences and government agency requirements. Contract unit prices are used wherever possible for quantity adjustments. LJ Item Description CITY OF HUTCHINSON SANITARY SEWER IMPROVEMENTS CHANGE ORDER NO. 1 - FM ALIGNMENT Actual nriminnl rli ffcrc.,..e n..;� D.-;.. - n<FF.. 2 Jackbore 18" FM 190L.F. 180L.F. +10L.F. $108.30 $1,083.00 11 Dual 18" FM 4,205L.F. 4,135L.F. +70L.F. 66.79 4,675.30 25 Class 5 Aggregate 260T 1,235T -975T 5.67 (5,528.25) 27 Seeding 18,736SY 11,547SY +7,189SY 0.31 2,228.59 28 Sodding 0 1,636SF - 1,636SF 1.68 (2,748.48) A 18" bends 12 16 -4 MAT'L450.00 (2,340.00) L &E 135.00 $585.00 B Clear & Grub Trees 1 0 +1 Lump Sum 500.00 C Dig Thru Buried Rubble 1 0 +1 Lump Sum 1,000.00 D Utility Conflicts -Poles 1 0 +1 Lump Sum 4,455.00 & Buried Cable Crossings E 1. 12" CPM +50L.F. $24.65/LF 1,232.50 2. 18" CPM +6L.F. 30.70 /LF 184.20 3. 30" RCP +18L.F. 62.70/LF 1,128.60 F Topsoil +1 Lump Sum 1,156.96 G Township Road Material +1 Lump Sum 273.60 H Fence Removal & Replace- -1 Lump Sum (150.00) ment TOTAL$11,831.02 0 110-517C - November 17, 1987 City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 D e� \mac, -c Attn: Mr. Gary Plotz City Administrator Re: City of Hutchinson Sanitary Sewer Improvements Donohue Project No. 41880 Change Order No. 3 Dear Mr. Plotz: Attached are three copies of Change Order No. 3 on the Sanitary Sewer Improvements project for review and execution by the City. On August 9, 1987, the Contractor submitted a listing of claims for obstructions encountered during the excavation work. These • obstructions were existing sanitary and storm sewers that were not shown on the Contract Drawings. The sewers were either temporarily removed to allow placement of the new sewer and then replaced, or were repaired as necessary to restore the sewer to normal condition. The Project Inspection Reports verify that the work was performed. This is a "differing site conditions" claim and normally is eligible for Grant Funding. The Contractor submitted a cost quotation of $6,660.34. This cost was negotiated down to $3,844.00. This cost is found to be reasonable. Therefore, it is recommended that the City of Hutchinson approve Change Order No. 3 in the amount of $3,844.00 with no change in Contract Time. After execution please return two copies and I will return one to the Contractor. Very truly yours, DONOHUE & ASSOCIATES, INC. George MacDonald Attachments: 3 copies of Change Order N0.3 • Project Engineer 1 Documentation Package Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 n \ Engineers & Architects 612- 425 -2181 1 CHANGE ORDER (Utility Conflicts - Change Order Na. 3 Differing Site Conditions) Date: 11 -4 -87 Original Agreement Date: 4 -29 -87 EPA Project No. C27 1363 -03 NAME OF PROJECT: City of Hutchinson OWNER Sanitary Sewer improvements City of Hutchinson CONTRACTOR: Arcon Construction Company, Inc. The Justification for this CHANGE ORDER is attached. The following changes are hereby made to the CONTRACT DOCUMENTS: Original CONTRACT PRICE Current CONTRACT PRICE adTusted by previous CHANGE ORDER (.Change Order No.'s 1 & 2) T '"RACT PRICE due to this CHANGE ORDER will be i iareased decreased) by The new CONTRACT PRICE including this CHANGE ORDER will be $ 911,746.96 $ 930,761.36 $ -�_ 3,844.00 $ 934,605.36 The CONTACT TIME will be increased (decreased) by -0- calendar days. The date for completion of all work will be April 5, 1988 (Date). Approvals required rP for to implementation: Engineer's recommendation, by i�� date j / -/,.z P7 Owner's order, Contractor's acceptance, by I J� by � /tds/Y date date 11 Approval stamp of Minnesota Pollution Control Agency (MPCA): - -ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or objective of the project. ELIGIBILITY of costs for grant assistance is verified only by letter from the MPCA. MPCA 2/82 5/84 17.1 -1 ;a. City of Hutchinson • Sanitary Sewer Improvements Change Order No. 3 Differing Site Conditions - Utility Conflicts Resolution of Contractor's claims summarized in his letter dated August 9, 1987. The Contract Drawings represented the underground utilities to the extent that utility records allowed. During the excavation work for the new sewer lines, existing sanitary or storm drainage sewers were encountered that were not shown on the Drawings. This change compensates the Contractor for the sewer that had to be removed and replaced and /or repaired. • • November 18, 1987 City of Hutchinson 37 Washington Avenue West Hutchinson, MN'55350 Attn: Mr. Gary Plotz City Administrator Re: City of Hutchinson Wastewater Treatment Facility Donohue Project No. 41880 Hutchinson Utility Alternate Service Billing Dear Mr. Plotz: soy %%Wl RE EPAU) 2L Hutchinson Utilities on November 10, 1987 informed the City of Hutchinson that the costs quoted to bidders on the new WWTF project did not include the cost for installing the required alternate power supply. The State mandates that all water /waste- water facilities be provided with an alternate power supply. This alternate service installation is critical to maintain • the construction schedule for the work at the old WWTF site. The electrical services must be installed shortly to run the new pumps which will allow the demolition and reconstruction work to proceed in the existing lift station. The WWTF Contract Documents are clear that the cost for the alternate power supply shall be included in the Contract Bid Price. The Contractor is to obtain this cost from the Utility Company. It is apparent that the Utility did not provide this cost to any bidder. Technically, the City could require the WWTF Contractor to provide the required alternate power service at the original bid price. If the City did pursue this course, a claim for extra cost by the Contractor would be filed. As a "reasonable person" would normally judge that the City is unjustly benefitting from an error the Contractor had no control over, the City would ultimately be responsible for the cost. In order to minimize the cost, the City could pay the Utilities billing directly avoiding any subcontractor or prime contractor mark -ups on the billing. The Utility has made every effort to reduce the cost for this service. As this work is within the origi- nal scope of contract work, it is grant eligible. • Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 1 of 2 Maple Grove, Minnesota 55369 Engineers & Architects /�— 612- 425 -2181 /) Donohue 0 The project contingency funds would be used. As the Utility has proceeded with the work in order to prevent a project delay, it is recommended that the City of Hutch- inson approve the payment of the Hutchinson Utilities billing for the alternate power service from the WWTF project funds. Very truly yours, DONOHUE & ASSOCIATES, INC. George MacDonald Project Engineer cc: J. Miller R. DeVries • Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 Engineers & Architects 612- 425 -2181 2 of 2 r (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: November 17, 1967 TO: GEORGE MCDONALD _____ ________________ FROM: RANDY DEVRIES_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SUBJECT: ALTERNATE ELECTRICAL SERVICE AT LIFT STATION — ----- --- -- ----- ---- ---- - — — — — — When the Wastewater Treatment Plant was bid the alternate source of power was left out. This source is needed as soon as possible. The funding for it should be taken from our contingency fund. RD /pl cc: G. Plotz K. Merrill 0 fv, ,J G, 62) 0 • Hutchinson Utilities Commission Hutchinson, Minnesota 225 Michigan streel 55350 November 10, 1987 Randy De Vries, Superintendent Waste Water Treatment Facility City of Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Randy: During the installation of permanent electrical service to the new RWWPS, I have found out that no provisions have been made by anyone to install 'ch. al LernaLe ulectricai service. This service is needed, and was planned, to provide a second source of electrical energy instead of an emergency generator. Hutchinson Utilities consulting engineers were hired to work out the details of the automatic transfer equipment and remote switchgear needed to accomplish this. I have a letter on file from our engineering firm to Donahue and Associates,. Inc., stating all requirments necessary. It was my understanding at that point that the alternate ser- vice would be installed by the electrical contractor along with all the other electrical equipment, and the final hook -up to our system would be accomplished by utility personnel. Somehow, the requirements for the alternate source of energy and who should install it, were not interpreted ' correctly by all the contractors bidding the project. When contractors called for utility service fees, I did not quote a price for the alternate energy source because I understood it to be the responsibility of the contractor and not subject to any additional charges from the utility. This service is needed and should be paid for from funds dedicated to this project. 0 Hutchinson Utilities will install the alternate source on E. "Bud" Daggett a time and material basis. A breakdown of estimated costs President involved is attached. Theodore Beatty Vice President Thomas B. tyke Secretary Ruth Hakel General Manager Tel. 612/587 -4746 A V 4 c14 C Randy DeVries Page two • November 10, 1987 Should you desire additional information, please do not hesitate to call. Sincerely, HUTCHINSON UTILITIES COyMISSION M. D. "Butch" Wentworth Electric Superintendent is Enclosed • CJ COST OF ALTERNATE SERVICE TO RWWPS 0 L J 490 feet 1/0 15KV Conductor x 3 = 1,470 @ .76 1,117.20 6 each Terminators @ 31.34 188.04 6 each Loadbreak Elbows @ 23.87 143.22 1 each RTE MOSS -5 3,695.00 ' 1 each 26" x 32 1/4" x 62 1/8" Basement for above 240.00 8; 475 feet Trenching @ .25 118.75 • 1 Hour Trench Time 40.00 Labor 64 man hours @ 18.00 1,152.00 12 each 1/0 Split Bolt Connectors @ 3.88 46.56 1 each Ground Rod and Clamp 4.88 and 3.21 8.09 2 rolls Heat Shrink Tape 2" x 25, @ 57.80 115.60 Miscellaneous 200.00 $7,064.46 s 4 0 L J • • Donohue November 17, 1987 City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn: Mr. Gary Plotz City Administrator Re: City of Hutchinson Sanitary Sewer Improvements Donohue Project No. 41880 Change Order No. 4 Dear Mr. Plotz: Attached are three copies of Change Order No. 4 on the Sanitary Sewer Improvements project for review and execution by the City. On Second Avenue east of Dale Street, the Contractor was required to replace the existing 12" sewer with a new 15" sewer at the same elevation between two existing manholes. During the excavation work, the Contractor encountered a 4" watermain that protruded into the top of the existing sewer. As the elevation of the new sewer could not be changed, the 4" watermain had to be rerouted below the new sewer. Nobody could have forseen this changed site condition. This type of change is normally Grant eligible. The Contractor's initial quotation of $3,389.26 was negotiated downward to $3,040.96. This cost is reasonable. Therefore, it is recommended that the City of Hutchinson approve Change Order No. 4 in the amount of $3,040.96 with no change in Contract Time. Please return two copies to me after execution - -_ and I will return one to the Contractor. Very truly yours, DONOHUE & ASSOCIATE P.-, George MacDonald Project Engineer • Attachments: Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 Engineers & Architects 612- 425 -2181 3 copies of Change Order No. 4 1 Documentation Package NAME OF PROJECT: OWNER: CONTRACTOR: CHANGE ORDER (Differing Site Conditions - Change Order Na. 4 Watermain Interference) Date: 11 -4 -87 Original Agreement Date: 4-29-87 EPA Project No. C27 City of Hutchinson Sanitary Sewer Improvements City of Hutchinson Arcon Construction Company, Inc. The Justification for this CHANGE ORDER is attached. 1363 -03 The following changes are hereby made to the CONTRACT DOCUMENTS: original CONTRACT PRICE $ 911.746.96 Current CONTRACT PRICE ad'usted by previous CHANGE ORDER $ 934,605.36 (Mnge Order No.'s 1, 2, & 3) T NTRACT PRICE due to this CHANGE ORDER will be AVc ease decreased) by $ 3,040.96 The new CONTRACT PRICE including this CHANGE ORDER will be $ 937,646.32 rrnNT ?arm TIME will be increased (decreased) by -0- calendar days. The date for completion of all work will be April 5 1988 (Date). Approvals required rp for to implementation: Engineer's recommendation, by z�o� ,1� date Owner's order, Contractor's acceptance, by date by fr _& }LLa -r o date _40-2_ Approval stamp of Minnesota Pollution Control Agency (MPCA) : - -ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or objective of the project. • ELIGIBILITY of costs for grant assistance is verified only by letter from the MPCA. MPCA 2/82 5/84 17.1 -1 City of Hutchinson Sanitary Sewer Improvements Change Order No. 4 • Differing Site Conditions - Watermain Interference On Second Avenue east of Dale Street, between MH "A" & MH "B ", the Contract replaced the existing 12" sewer with a new 15" sewer at the same elevation. East of MH "A" the Contractor encountered a 4" watermain that protruded into the top of the existing sewer. As the elevation of the new sewer could not be changed, the 4" watermain had to be rerouted below the new sewer. Neither the City nor the Contractor could have forseen this changed site condition. This change in- corporates the costs to lower the watermain to permit the construction of the new 15" sewer. i • E, • Donohue November 18, 1987 City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn: Mr. Gary Plotz City Administrator Re: City of Hutchinson Sanitary Sewer Improvements Donohue Project No. 41880 Change order No. 5 Dear Mr. Plotz: n% a v Attached are three copies of Change Order No. 5 on the Sanitary Sewer Improvements project for review and execution by the City. During the construction of the new sewer in Fourth Avenue between Grove and Glen Streets and in Grove Street between Fourth and Second Avenues, the backfill was placed inaccordance with the contract requirements. Afterwards this material was determined unsuitable to immed- iately support a bituminous pavement. The City directed that the pavement installation be postponed until the 1988 paving season. This change extends the Contract Time 84 calendar days to June 28, 1988. This will permit the paving to be done in the 1988 paving season. This change will also allow certain system start -up activities to be rescheduled with the start -up of the new WWTF. There is no cost change at this time. The cost may be adjusted by a subsequent change order if the cost of oil for the bituminous paving material is materially different from its price during the 1987 paving season. The Minnesota Pollution Control Agency (MPCA) has verbally indicated that the time change would be accepted. However, MPCA would not participate in increased paving costs due to the time extension. • Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 Engineers & Architects 612 - 425 -2181 1 of 2 q - &� P • • Therefore, it is recommended that the City of Hutchinson approve Change Order No. 5 with no change in Contract Price and a time extension of 84 calendar days to June 28, 1988. After execution please return two copies to me and I will return one to the Contractor. Very truly yours, DONOHUE & ASSSOOOCCIATES, INC. George MacDonald Project Engineer Attachments: 3 copies of Change Order No. 5 1 Documentation Package Donohue & Associates, Inc. 7200 Hemlock Lane North, Suite 200 Maple Grove, Minnesota 55369 Engineers & Architects 612 - 425 -2181 2 Of 2 • • CHANGE ORDER (Reschedule Bituminous Change Order Nor. 5 Paving on Grove & Fourth) • - Date: 11 -4 -87 Original Agreement Date: 4-29-87 EPA Project No. C27 1363 -03 NAME OF PROJECT: City of Hutchinson OWNER: Sanitary Sewer Improvements • Citv of Hutchinson CONTRACTOR: Arcon Construction Company, Inc. The Justification for this CHANGE ORDER is attached. The following changes are hereby made to the CONTRACT DOCUMENTS: Original CONTRACT PRICE Current CONTRACT PRICE ad( n d border No 9 s 1H thGE ORDER The CONTRACT PRICE due to this CHANGE ORDER will be 0 %reased (decreased) by The new CONTRACT PRICE including this CHANGE ORDER will be '1!= rnNTnnrT TIhL will be increased (decreased) by 84 The date for completion of all work will be June 28, 1988 $ 911,746.96 $ 937,646.32 $ V/-0- $ 937,646.32 calendar days. (Date) . Approvals required rP for to implementation: Engineer's recommendation, by date // /� -8 7 Owner's order, Contractor's acceptance, by date by &,_& M. da to // /1 /82 Approval stamp of Minnesota Pollution Control Agency (MPCA) : - -ALL CHANGE ORDERS must be submitted to the MPCA. MPCA approval stamp is REQUIRED if this CHANGE ORDER alters the scope or objective of the project. • ELIGIBILITY of costs for grant assistance is verified only by letter from the MPCA. r'DCA 2/82 5/84 17.1 -1 City of Hutchinson Sanitary Sewer Improvements Change Order No. 5 Reschedule Bituminous Paving Grove Street and Fourth Avenue During the construction of the new sewer in Fourth Avenue between Grove and Glen Streets and in Grove Street between Fourth and Second Avenues, the backfill was placed inaccordance with the contract requirements. Afterwards this material was determined unsuitable to immediately support a bituminous pavement. The City directed that the pavement installation be postponed until the 1988 paving season. This change extends the Contract Time 84 calendar days to June 28, 1988. This will permit the paving to be done in the 1988 paving season. This change will also allow certain system start -up activities to be rescheduled and coordinated with the start -up of the new WWTF. There is no cost change at this time. The cost may be adjusted by a subsequent change order if the cost of oil for the bituminous paving material is materially different from its price during the 1987 paving season. • • (612) 587 -5151 H!/TCN, CITY Of HUTCHINSON • �UTCHINSON MINN 5535CWEST M E M O DATE: November 19, 1987 TO: /Mayor and City Council FROM: Director of Engineering RE: Drainage Problem at the Health Club The owners of the Hutchinson Health and Fitness Club informed us earlier this year of a recurring problem of flooding in the lower level of their building during rain storms. Upon investigation in June following a rainfall, it was evident that water had backed up to the extent of coming out of the top of an inplace inlet in the handicapped access ramp on the north side of the building. Water would then flow down the incline of the ramp to its lowest most level, and then beneath a door and into the building. Attention is called to the attached drawing. • The storm sewer line west of the health club building and on South Grade Road was televised on November 19th to determine whether obstructions in the pipe were causing stormwater backup. No such obstructions were noted. Stormwater inlets in the ramp area were installed at the time the ramp was constructed, to provide drainage for the ramp which presently has no roof or walls, thereby allowing rainfall to readily enter the ramp area. The most cost effective way of correcting the flooding problem is to completely enclose the ramp area and to plug both inlets in the ramp. However, our records indicate that such an entrance would be nearer to the adjacent property line than the required setback of 15 feet, so the owner would need to make application for and be granted a variance, prior to beginning construction of the entrance. - -- Consideration of the Council and a recommendation in this regard is requested. Also, attached is a memorandum from the City Building Official providing information as to documentation that the City has no record pertaining to construction ramp. With regard to item 4, we can find no permit having been granted for parking lot construction. Respectfully submitted, �l �_'� L Y �.6�_� �eury� • �uge nil Andersor. Director of Engineering EA /pv attachments 9- X- • cb� �43,s3 s-1.43 0 b4.o?. 6 94 VInlet u�out 6.11 cM�.K al" Ir It +n VA 1 gl -�n3 to+ �ark,h9 L-o+ Uroun .._k_— Reo.r Rare P Door :2u2q 6 "Inlot u1/ 6o UJ (11.18 00. Top o� (�` 404:Ovtr E6 5986 TRveA.} Eiw.(Flw. of Ins,de t••� ,� P,pe) No Sca,�e • Ll viou -sawK 'CLEAN A,lALa INC. N59 W14397 BobaMt 4va.. Mnenwrua Fah. WI 53051 (414) 252 -3203 28a mwbwy Dr.Mareapr"MN55343 18121593.1907 TELEVISION INSPECTION AND GROUTING REPORT SANITARY STORM__ DATE 1f%$ LOCATION IV' 0 !g_6.nlak ez/ DIRECTION_aS TO THE 490ca l FROM MH CA J" (log SURFACE �Q�l TO Wr S'p'ar^' 14" GN S Greed PIPE TYPE �� 11 -AI - SECT. LENGTH VIDEO TAPE 0- FTG CONNECTIONS L TOP R TEST PRES. OBSERVATIONS AND COMMENTS CHEM. GALS v_ f i [PROJECT CREW LEADER`? , L N PAGE NO. / �. VISU•SEWEA CLEAN & SEALk INC. t,7 N59 W14397 BdnMM Aum. M@nWnM a Fake. M 53051 14141232.3203 2849 FWberq Dr.. Wnespn\a, MN 55343 (812)593.1907 TELEVISION INSPECTION AND GROUTING REPORT SANITARY _STORM _ DATE //.,fL� ?a LOCATION S (;Al Q,.f R� DIRECTION OS TO THE Lt.Tny FROM MH 10A) S GrG�c_ 94 SURFACE JO TO MH_AZ Al� e ri IJ PIPE TYPE '��'- i SECT. LENGTH .2 67 VIDEO TAPE 0�2� FTO CONNECTIONS L TOP R TEST PRES. OBSERVATIONS AND COMMENTS CHEM. GALS O- �llo % OF 0 T PROJECT , CREW LEADER , PAGE NO. a rA (612) 587.5151 jW7 CITY Of HUTCHINSON • WASHINGTON AVENUE WEST L11,'dS0N. ,MINK 55350 M E M O DATE: November 12, 1987 TO: Eugene Anderson, Director of Engineering FROM: Jim Marka, Building Official RE: Hutchinson Health and Fitness In an effort to understand the history behind the storm sewer problem at Hutchinson Health and Fitness, I have reviewed the original Building Permit Application and have discovered the following: 1) The City Engineer did not sign off on the Excavation Permit. (Copy enclosed) • 2) The Registered Land Survey shows no handi -cap access ramp or drainage from the ramps. 3) A note is typed on Building Permit No. 7297 stating: "Are lot corners in evidence? - No. If not, owner shall have property surveyed by a Registered Land Surveyor prior to field inspection by the City Engineer." 4) The Certificate of Approval, Building or Land Use Permit states, "Approved for building construction only. Separate Building Permit to be issued for parking lot." These records are available in my file for review, if necessary. Jim Marka Building Official Ju /pv • enc. cc: Gary Piotz, City Administrator Barry Anderson, City Atty. CITY OF HUTCHINSON,MINNESOTA EXCAVATION PERMIT BUILDING PERMIT Date: 7 -17�+ To City Engineer, City of Hutchison, Minnesota and /or Building Official: (we, 1) Avon Lumber Yard t�c I (name) whose address is P.O. Box 7 Avon Minnesota hereby request permission of the City of Hutchinson to excavate for the following purpose: New Halt~ rl,.h and Office Rental Building (SEE SKETCH ON REVERSE SIDE.) I have checked the location with the following utilities and will co- operate with them to avoid striking any of their lines in this excavation work: I. Hutchinson Utilities Commission 225 Michigan CALL 587 -4746 FOR FREE LOCATION BEFORE DIGGING. 2. Hutchinson Telephone Company 30-2nd Ave. S.W. CALL 587 -2323 FOR FREE LOCATION BEFORE DIGGING. 3. Crow River Cable Television 19 No. Main St. CALL 587 -4339 FOR FREE LOCATION BEFORE DIGGING. Arrangements have been made to locate the service lines for the described property. By: Lyle Beumer Date: 7 -17-84 Arrangements have been made to locate the service lines for the described property. By: Lyle Beumer Date: 7 -17-84 Arrangements have been made to locate the service lines for the described property. By: Lyle Beumer Date: 7 -17-84 The undersigned hereby agrees that if this permit is granted, all work which is performed shall be in accordance with City of Hutchinson standard specifications for backfill material and compaction. I, also, agree to properly barricade the excavation and light it at night to protect the general public. I further agree to save the City I damage suits which may arise from the above of Hutchinson harmless from any and al work. I carry Contractors Public Liability Insurance to maintain this protective coverage. Permit (Granted - Rejected) Signed contrac or /owner City Engineer J Date Building Offic.alJ Da e • 94- • 0 NORTH AMERICAN COMMUNICATIONS CORPORATION NA cc f� RyLu �r� �c��:, CR:LE GVG-FEK.-Z% Hectom LO!, 1084 81,/, & November 2 1987 Honorable Paul L. Ack14 Hutchinson City Hall Hutchinson, MN 55350 Dear Mayor Ackland: NOV 1987 R CE[�VED e The Board of Directors of North American Communications Corporation have decided that it would be in the best interest of the shareholders of North American Cable that it be merged with a wholly -owned subsidiary of Star Midwest Inc. of of nd3uac Wisconsin. -1 tie survtvtng corporation of this merger will be NortS American Communications Corporation whose name will be changed to Star North American Corporation. A copy of the news release of this proposed transaction is enclosed for your reference. The credentials of Star were reviewed thoroughly by the Board of Directors with regard to their financial ability to operate a cable system such as the one we serve in your community. This review conclusively established the fact that Star has the financial ability to operate cable systems and to do it in a very professional manner. Enclosed also is an information piece on Star Cablevision that should be of interest to you. Please do not hesitate to contact any of the communities in which they currently operate. We have been advised by the Star group that it is their intention to continue to operate North American in a similar fashion as it is currently being operated. They have also assured all employees that their jobs are secure •ssumirg that they continue to be enthusiastic about their jobs and the company. It is the intention of all parties to close on this transaction in the middle of December, 1987. We would, therefore, appreciate it if you would sign the enclosed rransfer annroval fnrm and return it before November 301987. If you have additional questions on this transfer, please do not hesitate to contact me. Sincerely, Hubertus Sarrazin President HS: gw Copy to: City Clerk CABLE COMMUNICATIONS SYSTEMS, INC. 9 z. RAPIDS CABLE TV, INC. A Le tteA i -Curt Sampson To our North American employees and our Hector area friends: When we started the cable TV opera- tions of CSI in 1972 we did not dream we would reach the current size of North Ameri- can. When we established North American as a separate publicly -held company in May of 1986, we did it to Enhance shareholder values by enabling it to grow under indepen- dent management of Hubertus Sarrazin and his staff. This has been more successful than expected but is not surprising in view of the commitment of the North American employees. In the ensuing 16 months, a number of investors acquired substantial interests in North American and expected management "to maximize shareholder value ". This presumably could be done by operating the company on into the future but the current prices of cable properties is such that it would likely be many years before the stock would reach the current level if there was no buy -out potential. Ll The buyer we have selected has indicat- ed that it will retain the existing employees and remain in Hector. They are well financed (by Morgan Stanley, a large highly - respected firm in New York) and could well actually expand operations -in Hector. Needless to say, because of concern for our employees, this was of utmost interest because I was born and raised in Hector and have served as an officer and director of Hector Industries Corporation for 27 years. The CSI operations will naturally remain in Hector as they are not included in the announced transaction. 0 ?- T NEWS RELEASE 0 NEWS RELEASE . October 26, 1987 r-kc-1) -4 North American Communications Corporation 219 main Street South • Hector, MN 55342 (612) 848.2281 NASDAQ Symbol NACS Contact: Hubertus Sarrazin, President Paul N. Hanson, Vice President — Finance Avis J. Johnson, Director Shareholder Relations NORTH AMERICAN DEFINITIVE MERGER TERMS WITH STAR MIDWEST SET AT $29.10 PER SHARE (Hector, Minnesota) -- October 26, 1987 -- North American Communications Corporation (NACC) and Star Midwest, Inc. announced today that they have signed a definitive merger agreement calling for payment to NACC shareholders of $29.10 cash per share for each of their NACC Ehares. Star • Midwest is an affiliate of Star Cablevision Group of Fond du Lac, Wisconsin. Star Midwest is a recently organized Wisconsin corporation which has entered into contracts to purchase cable TV systems serving approximately 78,500 basic subscribers in Illinois, Indiana, Iowa and Wisconsin, in addition to those systems which will be acquired in the merger with NACC. Star Midwest is currently in the process of securing financing for the merger and its acquisition of the other cable TV systems through its financial advisor, Morgan Stanley & Co., Inc. Star Midwest has deposited $2,700,000 in escrow which is available to NACC pursuant to the terms of an escrow agreement if, in certain circumstances, financing for the merger can not be obtained. NACC had announced on October 5 that an agreement in principle was reached for a merger in which shareholders would receive $31.10 per share. Curtis A. Sampson, NACC's Chairman of the Board and Chief Executive Officer stated: "Although the price ultimately agreed to is down somewhat from that originally contemplated, this and other merger terms resulted from circumstances entirely beyond our control. The historic upheaval in the financial markets during the past week has adversely affected the cable TV industry, as evidenced by sharp declines in prices for publicly traded cable TV operators. Unsettled conditions in the financial markets have also negatively impacted customary sources for financing the acquisition of cable properties. In addition, recently proposed tax law changes which would severely limit the deductibility of interest incurred in connection with any acquisition further complicated our efforts to reach a definitive agreement. Given these circumstances, we believe proceeding with Star Midwest upon the • revised merger terms is in the best interests of shareholders. Most importantly, we believe, and our financial advisors concur, that the $29.10 price we have agreed to is a fair price, whether measured against conditions prevailing two weeks ago or today." -z. E NW 7o13aH � oN 1lwlad Oltld a6elsod s n aley y1�9 Donald G. Jones, President of Star Midwest, said: "We believe in the future of cable television services. We are enthusiastic about the Midwest region. We are excited about 1988 and the quality of the North American people -- customers and employees." The acquisition is subject to approval by NACC stockholders and certain other conditions, including receipt of consents to the acquisition from communities serving 90% or more of NACC's subscribers. A special meeting of NACC shareholders approving the transaction is expected to be held by January 1988. Star Midwest said that, depending on market conditions and other factors, it may purchase shares of NACC Common Stock from time to time in the open market or in privately negotiated transactions. Under the escrow agreement with North American, escrowed funds may be used to purchase North American stock in open market purchases. In addition, Mr. Sampson has granted Star Midwest an option to purchase 260,000 shares of his NACC Common Stock at $29.10 per share. The option is exercisable upon the occurrence of certain events. NACC, headquartered in Hector, Minnesota, owns and operates sixty -six (66) cable television systems serving approximately 56,000 subscribers in seventy -three (73) Minnesota and eleven (11) Wisconsin communities. Privately held Star Cablevision Group owns and operates cable television systems in Wisconsin, Michigan, Arizona and Minnesota serving approximately 85,000 basic subscribers. Communications Equity Associates is acting as financial advisor to NACC in the proposed transaction. 1] 0 ZKSS NVV'lonaH • 4111057aan5 u!ew I IZ uol3eJod.00.7 suo13ev1un&uu/o:) ue3IJauwV 43JON Donald G. Jones, President of Star Midwest, said: "We believe in the future of cable television services. We are enthusiastic about the Midwest region. We are excited about 1988 and the quality of the North American people -- customers and employees." The acquisition is subject to approval by NACC stockholders and certain other conditions, including receipt of consents to the acquisition from communities serving 90% or more of NACC's subscribers. A special meeting of NACC shareholders approving the transaction is expected to be held by January 1988. Star Midwest said that, depending on market conditions and other factors, it may purchase shares of NACC Common Stock from time to time in the open market or in privately negotiated transactions. Under the escrow agreement with North American, escrowed funds may be used to purchase North American stock in open market purchases. In addition, Mr. Sampson has granted Star Midwest an option to purchase 260,000 shares of his NACC Common Stock at $29.10 per share. The option is exercisable upon the occurrence of certain events. NACC, headquartered in Hector, Minnesota, owns and operates sixty -six (66) cable television systems serving approximately 56,000 subscribers in seventy -three (73) Minnesota and eleven (11) Wisconsin communities. Privately held Star Cablevision Group owns and operates cable television systems in Wisconsin, Michigan, Arizona and Minnesota serving approximately 85,000 basic subscribers. Communications Equity Associates is acting as financial advisor to NACC in the proposed transaction. 1] 0 Ll COMPANY HISTORY Star Cablevision Group, formerly, Wisconsin Cablevision & Radio Co. has a long tradition of excellence in communications. Founded in 1968 by President Donald G. Jones, the company, then known as Public Service Broadcasters, Inc., was involved in small market radio station ownership in Illinois. During the early years, the radio firm developed rapidly, acquiring radio stations in five mid- western states. At the peak of the radio station ownership, the PSB Radio Group, as it came to be known, operated 14 radio stations. Company headquarters was moved from Taylorville, Illinois to Fond du Lac, Wisconsin in 1971 with the purchase of KFIZ radio, Wisconsin's oldest commercial radio station and KFIZ TV, a UHF station that was discontinued. Always on the cutting edge of communications technology, the firm jumped into the exploding cable television industry in 1979 when it won its first franchise in Fond du Lac and became a 50% partner with American Television and Communications of Denver, then the largest cable company in the USA. . As more cable franchises were awarded, the company name was changed to Wisconsin Cablevision. Star built cable systems serving nearly 20 cities. The ATC partnership systems brought the total to over 30 communities. In 1984 Star purchased the ATC interests in the three remaining partnership systems and brought Lakeside Cablevision into the Star operating family. Star operated a subsidiary Michigan Cablevision and Radio Company, Inc. in the late 1970's and early 19801s. This company owned and operated WPON Radio in Pontiac, Michigan and Waterford Cablevision in Waterford Township, Michigan. In July, 1985, Star made a major commitment to the radio side of the company with the purchase of Kenosha radio stations WJZQ and WLIP. In the Spring of 1986 Star grew into Michigan's upper peninsula when it bought the Manistique cable system. In October of 1986 the company entered into an agreement to purchase the 35 Wisconsin cable TV franchises owned by Norcom Video. In early 1987 the company expanded into Arizona with the purchase of Payson and Williams, Arizona and into Michigan's Lower Peninsula in Benton Harbor and St. Joseph, Michigan. Today, our 200 employees serve nearly 80,000 cable TV customers and thousands of radio listeners. n Star Franchise Communities (cunt.) Arizona Bare Flats Springerville Christopher Creek St. John's Eager Strawberry Kohls Ranch Thompson Draw Payson Tonto Village Pine Williams Michigan Benton Harbor Benton Township Hiawatha Township Inwood Township Minnesota Caledonia Manistique Town of Manistique St. Joseph Thompson Township THE OFFICERS OF THE CORPORATION ARE: Donald G. Jones Steve Peterson Michael J. Fredrich Michael Turk Robert Schaeffer President Senior Vice President General Manager Senior Vice President Corporate Finance Treasurer Vice President - Engineering • 0 • • 11 STAR CABLEVISION GROUP A current list of franchise communities follows: Abbotsford Adams Algoma Antigo Athens Berlin Black Earth Boyd Brandon Brillion Butte des Morts Cadott Campbellsport Colby Coloma Town of Dakota Dane Dorchester Dresser Edgar Town of Empire Fond du Lac Town of Fond du Lac Town of Friendship Friendship Green Lake Jackson Kewaskum Kewaunee Kiel Kohler Lodi Lohrville Lomira Loyal Marathon City Town of Marion Markesan Mazomanie Medford Menomonie Town of Menomonie Montello Mt. Horeb Wisconsin Neillsville New Glarus New Holstein Neshkoro North Fond du Lac Norwalk Oakfield Osceola Town of Oshkosh Omro Owen Plainfield Town of Polk Poynette Prairie du Sac Princeton Town of Red Cedar Redgranite Town of Rolling Rosendale St. Croix Falls Sheboygan Sheboygan Falls Town of Sheboygan Town of Sheboygan Falls Spencer Stratford Town of Tainter Town of Taycheedah Town of Trenton Town of Two Rivers Two Rivers Unity Verona Waunakee Wautoma West Bend Town of West Bend Westfield Wild Rose Withee Town of Wilson Winneconne Town of Winneconne Transfer Approval The City of Hutchinson hereby acknowledges the receipt of the letter dated November 2, 1987, from North American Cable in which North American Communication Corporation requests that the current franchise held by the company be transferred to Star North American Corpora- tion, or its assignee, a Minnesota Corporation. It is understood by Star North American Corporation that it accepts and abides by all conditions and commitments of the current franchise ordinance. It is further understood that in the event the actual merger of North American Communications Corp- oration and its wholly -owned subsidiaries (Rapids Cable TV, Inc. and Cable Communications Systems, Inc.) and Star Sub Inc., a wholly -owned subsidiary of Star Midwest, Inc., does not take place for any reason this transfer approval is null and void. Signed Signed Mayor of Hutchinson Clerk Dated Dated 0 11 0 0 RESOLUTION NO. 8655 WHEREAS, the City of Hutchinson has historically had at its service a division of the municipal now district court for the purpose of hearing first appearances, traffic.court, conciliation court and court trials; and WHEREAS, this court has been of great benefit to the City of Hutchinson, its police officers, the taxpayers and the businesses residing and operating within the City of Hutchinson; and WHEREAS, the elimination or termination of this Court will result in great hardship to the taxpayers, residents and businesses of the City of Hutchinson; and WHEREAS, the First Judicial District through Chief Judge George H. • Hoey has announced the closing of McLeod County District Court operations in the City of Hutchinson effective January 31, 1988; NOW, THEREFORE, BE IT RESOLVED: 1. That the City of Hutchinson by resolution of the Hutchinson City Council opposes the decision of the First Judicial District to close the McLeod County District Court branch currently hearing cases and minor legal proceedings in the City of Hutchinson on Tuesday mornings. 2. That the City of Hutchinson by resolution of the Hutchinson City Council respectfully requests that the First Judicial District reconsider its Order dated October 29, 1987 and that the First Judicial District continue to permit the hearing of, at a minimum, traffic arraignments, conciliation court cases and minor criminal pleas at the current location, Hutchinson City Hall, Hutchinson, Minnesota. • Attest: Gary Plotz, City Administrator Paul L. Ackland, Mayor `� tT • • • 31 WASHINGTON AVE. WEST November 20, 1987 CITY OF HUTCHINSON POLICE DEPARTMENT DEAN M. O'BORSKY, Chief Gerald S. Winter First Judicial District Administrator Dakota County Government Center Highway 15 Hastings, MN 55033 Dear Sir: HUTCHINSON, MINNESOTA 55350 MEMBER MINNESOTA ONEFS OF POLICE A.4 IATION PHONE (612) 587 -2242 In 1984 the McLeod County Clerk of Court made an attempt to close the court located in Hutchinson. Now in 1987 we are again forced to justify the existance of the satellite court in Hutchinson. The Hutchinson City Council and Commissioners of McLeod County reviewed the court records in 1984 and felt the need to keep the court system in Hutchinson. Their decision was in the best interest of the citizens of McLeod County. Considerable research was completed, after which time the Council and Commission voted unanimously to maintain the court system in Hutchinson. I have attached statistical data from 1984 through 1987 which accurately depicts the volume of cases and fines levied by the court system in Hutchinson. When one realizes that the position of Clerk of Court is a part time position and court is held but once a week, the volume can be greatly appreciated. In 1984 the Hutchinson Police Department was the most active Police Department in the County of McLeod, generating more cases than all other police departments in the County. Since 1984 the City of Hutchinson has continued to grow as well as the total number of cases and the amount of fines that are being levied. To close the court system located in the largest city in the County would be a great injustice by the justice system. With the statistical information that I have provided, it indicates there were 442 appearances for arraignment in the Hutchinson Court in 1987. If the court were not located here, 442 people would have traveled to Glencoe on a first appearance. Fifty seven court trials were scheduled through November in 1987, with an unknown amount of witnesses and police officers who would have to travel to Glencoe had there not been a court in Hutchinson. / —c./' The number of conciliation court cases consisted of 237 in 1987. The number of people traveling to Glencoe of course doubles, since the first appearance is to make application for conciliation court and the second trip would be the actual court case. Again, an unknown number of witnesses would also have to travel to Glencoe. A very large concern of the Hutchinson Police Department is the availability to sign complaints if there is not a court located in Hutchinson. As judicial and enforcement both know, the number of complaints being drawn each year rises. If there is not a court system located in Hutchinson, each time a complaint is drawn, it would mean an officer leaving the City of Hutchinson to travel to Glencoe to sign the complaint, only to appear in Glencoe at a later time and date for a trial. I believe that the time and , cost to maintain a Hutchinson Court system is easily justified. I think to remove the court from Hutchinson is doing a great injustice to the citizens to which the system should serve. In 1984 when the facts were brought into light, all concerned voted to maintain the Hutchinson Court system. I believe this also is true,in 1987. Respectfully, R. Kirchoff Acting Chief of Police RK:nb enc cc: Barry Anderson Gary Plotz I 11 • IJ HUTCHINSON DIVISION OF DISTRICT COURT CONCILIATION TICKETS FILED & SCHEDULED SCHEDULED COURT NUMBER OF APPEARANCES YEAR FILINGS FOR ARRAIGNMENT TRIALS FOR ARRAIGNMENT 1984 285 1,162 77 420 1985 321 950 60 480 1986 318 922 54 425 1987 237 1,019 57 442 thru Nov. 12th • 1986 TRAFFIC FINES COLLECTED: LJ Hutchinson Division: Sharon Zleman, Deputy City Hell 37 Washington Ave. W. Hutchinson, MN. 55350 612- 587 -2484 OFFICE OF HUTCHINSON JOAN PROEHL COURT ADMINISTRATOR McLeod County Deputies: FINES Lori Maynard - 83011th Street East Jennie Kottke Glencoe, Minnesota 55338 Sheryl Exsted $ 12.00 Sandra Gilbertson Telephone: 8124884 -5551 Mary Haas 9,014.60 Charleen Engelmann 74.90 1986 TRAFFIC FINES COLLECTED: LJ Hutchinson Division: Sharon Zleman, Deputy City Hell 37 Washington Ave. W. Hutchinson, MN. 55350 612- 587 -2484 TOTAL FINES COLLECTED FOR GLENCOE & HUTCHINSON DIVISIONS FOR 1986 - $236,441.71 J GLENCOE DIVISION: HUTCHINSON DIVISION: FINES SURCHARGES FINES SURCHARGES TOTALS Sheriff's Office $19,073.51 $1,585.30 $ 170.00 $ 12.00 $20,840.81 Minnesota State Patrol 90,377.45 9,014.60 913.50 74.90 100,380.45 Glencoe Police Dept. 13,384.26 1,083.10 80.00 3.00 14,550.36 Hutchinson Police Dept. 12,449.52 971.60 40,817.99 3,370.48 57,609.59 Winsted Police Dept. 18,840.00 1,681.00 180.00 18.00 20,719 Silver Lake Police Dept. 1,060.00 93.00 - - - -- - - - -- 1,153.00 Lester Prairie Police Dept. 4,405.40 382.10 - - - -- - - - -- 4,787.50 Stewart Police Dept. 5,862.60 517.90 60.00 6.00 6,446.50 Brownton Police Dept. 2,259.60 551.90 - - - -- - - - -- 2,811.50 Dept. of Natural Resources 3,415.00 - - - - -- 25.00 - - - -- 3,440.00 Dept. of Transportation 50.00 5.00 - - - -- - - - -- 55.00 Juvenile Traffic Transfers 175.00 15.00 - - - -- - - - -- 190.00 SUBTOTALS 171, 352.34 15,900.50 42,246.49 3,484.38 232,983.71 Parking meter fines 1,557.00 1,901.00 3,458.00 TOTALS $172,909.34 $15,900.50 $44,147.49 $3,484.38 $236,441.71 TOTAL FINES COLLECTED FOR GLENCOE & HUTCHINSON DIVISIONS FOR 1986 - $236,441.71 J TOTAL FINES COLLECTED FOR GLENCOE 6 HUTCHINSON DIVISIONS FOR 1985 - $218,361.32 • OFFICE OF JOAN PROEHL COURT ADMINISTRATOR • McLeod County Deputies: Hutchinson Division: Lori Maynard SW 11 th Street East Sharon 2leman, Deputy Jennie Kottke Glencoe, Minnesota 55336 City Hall Sheryl Exsted 37 Washington Ave. W. Sandra Gilbertson Telephone: 8124884 -5551 Hutchinson, MN. 55350 Mary Haas 612 -587 -2484 Charleen Engelmann 1985 TRAFFIC FINES COLLECTED: GLENCOE DIVISION: HUTCHINSON DIVISION: FINES SURCHARGES FINES SURCHARGES TOTALS Sheriff's Office $23,976.70 $2,178.50 $300.00 $ 20.00 $26,475.20 Minnesota State Patrol 78,070.61 7,670.89 1,782.00 178.50 87,702.00 Glencoe Police Dept. 13,789.00 1,184.00 55.00 5.50 15,033.50 Hutchinson Police Dept. 9,726.10 906.50 36,428.32 2,928.15 49,989.07 &insted Police Dept. 16,857.00 1,563.00 50.00 0.00 18,470.50 Silver Lake Police Dept. 1,025.00 102.00 60.00 6.00 1,193.00 Lester Prairie Police Dept. 5,454.00 513.50 200.00 0.00 6,167.50 Stewart Police Dept. 3,715.00 363.00 30.00 3.00 4,111.00 Brownton Police Dept. 2,480.00 259.50 0.00 0.00 2,739.50 Dept. of Natural Resources 2,120.00 0.00 35.00 0.00 2,155.00 Dept. of Transportation 155.00 15.50 0.00 0.00 170.50 SUBTOTALS 157,368.41 14,756.89 38,940.32 3,141.15 214,206.77 Parking Meter Fines 2,167.00 1,987.55 4,154.55 TOTALS $159,535.41 $14,756.89 $40,927.87 $3,141.15 $218,361.32 TOTAL FINES COLLECTED FOR GLENCOE 6 HUTCHINSON DIVISIONS FOR 1985 - $218,361.32 • 1984 TRAFFIC FINES COLLECTED: Sheriff's Office Minnesota State Patrol Glencoe Police Dept. Hutchinson Police Dept. Winsted Police Dept. Silver Lake Police Dept. Lester Prairie Police Dept Stewart Police Dept. Brownton Police Dept. Dept. of Natural Resources Dept. of Transportation New Germany Police Dept. SUBTOTALS Parking Meter Fines TOTALS GLENCOE DIVISION: FINES SURCHARGES $ 26,978.00 $ 2,566.00 65,654.27 6,493.73 14,247.00 1,283.00 13,026.74 1,167.50 10,570.00 969.50 785.00 106.00 5,805.00 538.50 6,475.00 573.00 3,720.00 383.50 2,513.00 33.00 565.00 56.50 30.00 3.00 150,369.01 14,173.23 1,138.00 $151,507.01 $14,173.23 Hutchinson Division: Sharon Zleman, Deputy City Hall 37 Washington Ave. W. Hutchinson, MN. 55350 612 -587 -2484 HUTCHINSON DIVISION: FINES OFFICE OF $ 30.00 JOAN PROEHL $ 29,577.00 COURT ADMINISTRATOR 192.00 McLeod County Deputies: 0.00 Lori Maynard 630 11th Street East Jennie Kottke Glencoe, Minnesota 55336 Sheryl Exsted 0.00 Sandra Gilbertson Telephone: 612.864-5511 Mary Haas 1,144.50 Charleen Engelmann 4.00 1984 TRAFFIC FINES COLLECTED: Sheriff's Office Minnesota State Patrol Glencoe Police Dept. Hutchinson Police Dept. Winsted Police Dept. Silver Lake Police Dept. Lester Prairie Police Dept Stewart Police Dept. Brownton Police Dept. Dept. of Natural Resources Dept. of Transportation New Germany Police Dept. SUBTOTALS Parking Meter Fines TOTALS GLENCOE DIVISION: FINES SURCHARGES $ 26,978.00 $ 2,566.00 65,654.27 6,493.73 14,247.00 1,283.00 13,026.74 1,167.50 10,570.00 969.50 785.00 106.00 5,805.00 538.50 6,475.00 573.00 3,720.00 383.50 2,513.00 33.00 565.00 56.50 30.00 3.00 150,369.01 14,173.23 1,138.00 $151,507.01 $14,173.23 Hutchinson Division: Sharon Zleman, Deputy City Hall 37 Washington Ave. W. Hutchinson, MN. 55350 612 -587 -2484 HUTCHINSON DIVISION: FINES SURCHARGES,,-,TOTALS $ 30.00 $ 3.00 $ 29,577.00 1,922.00 192.00 74,262.00 50.00 0.00 15,580.00 36,614.30 2,922.95 53,731.49 0.00 0.00 11,53 235.00 18.50 1,144.50 40.00 4.00 6,387.50 75.00 7.50 7,130.50 30.00 3.00 4,136.50 40.00 0.00 X2,586.00 0.00 0.00 621.50 0.00 0.00 33.00 39,036.30 3,150.95 206,729.49 2,242.52 3,380.52 $41,278.82 $3,150.95 $210,110.01 TOTALS FINES COLLECTED FOR GLENCOE & HUTCHINSON DIVISIONS FOR 1984 = $210,110.01 • (612) 587 -5151 f/UTIH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON MINN. 55350 M E M O DATE: November 17, 1987 TO: Mayor and City Council FROM: George F. Field, Fire Marshal RE: Installation of Fire Hydrant - Freemont Avenue In the interest of fire protection and capability of the Fire Department to efficiently respond to a fire at Green Castle Condominiums, this is a request to have the City install a hydrant as referenced above, this fall if at all possible. The estimated cost of the hydrant is $1,500. • It is apparent that Mr. Newell Weed has not returned the petition agreement of the owners to date. The agreement, I believe, was that Green Castle owners were to be responsible for the installation of this hydrant. Regardless of the financial responsibility for the hydrant and installation, the liability exists for protection of the inplace builidngs. I, therefore, request to expedite the installation. If you have any questions, please contact me. GFF /pv cc: Orlin Henke, Fire Chief 0 George F.-Field Fire Marshal 9 /1� (612) 587.5151 T CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: November 18, 1987 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Preliminary and Final Plat of "Sorensen's Addition" as submitted Larry §5rensen Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recom- mendation with respect to the aforementioned request for a preliminary and final plat. HISTORY On October 19, 1987, Larry Sorensen submitted an application for a preliminary and final plat to be known as "Sorensen's Addition ". A public hearing was held at the regular meeting of the Planning Commission on Tuesday, November 17 1987, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, November 5, 1987. 3. Director of Engineering, Eugene Anderson submitted certification that the proposed plat meets all the requirements of the Subdivision Ordinance as per Preliminary and Final Plat Data. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned preliminary and final plat with the utilities recommendation of it having a level 6" grade. Respectfully submitted, Thomas Lyke, Chairman Hutchinson Planning Commisson (612) 587 -5151 Hurry' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 M E M 0 DATE: November 3, 1987 TO: Planning Commission ,iMayor and City Council FROM: Director of Engineering RE: Sorensen's Addition Preliminary and Final Plat I hereby certify that the Preliminary Plat and Final Plat of Sorensen's Addition complies with the requirements of the Subdivision Ordinance regarding "Preliminary Plat Data" and "Final Plat Data ". According to the City's Comprehensive Plan, no park or open space is planned • for the tract. Therefore, a cash payment in the amount of $897.82 will be required of the Subdivider in accordance with the City's Park Contribution Schedule, which contribution is for a single dwelling unit per lot. A fee for each dwelling unit in excess of one per lot will be collected at the time a Building Permit is issued in accordance with the fee schedule at that time. EA/pv cc: Bonnie Subd. File 0 Respectfully submitted, Eugene derson Director of Engineering RESOLUTION NO. 8656 RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT • OF SORENSEN'S ADDITION WHEREAS, Larry Sorensen, owner and subdivider of the property proposed to be platted as Sorensen's Addition has requested approval of the preliminary and final plat of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described lands in McLeod County, to -wit; Part of the Southwest Quarter of Section 36, Township 117, Range 30, McLeod County, Minnesota, described as follows: Beginning at a point on the center line of State Highway No. 7 a distance of 1268.00 feet southwesterly of the east line of said Southwest Quarter, as measured along said center line; thence North, parallel with said east line, a distance of 850.60 feet; thence deflect 90 degrees left a distance of 280.94 feet; thence South, parallel with said east line, a distance of 955.82 feet to said centerline; thence northeasterly along said • center line, a distance of 300.00 feet to the point of beginning. Except the north 188.00 feet thereof. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said plat of SORENSEN'S ADDITION is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota, subject to the parks and playground contribution being met and appropriate subdivision agreement being drawn up. BE IT FURTHER RESOLVED THAT such execution of the certification upon -- -said plat by Mayor and City Clerk, as required, shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. Adopted by the City Council this 24th day of November, 1987. ATTEST: • Gary D. Plotz City Administrator Paul L. Ackland Mayor ?-Z. ffm AR A too T B lot "0 a 1 PLATITED T- CAROLINA f t .. PAR. Sor nse a t4 I 1 0 NOT CW op Additio • ra st +INTN •Vtmuc "W • To AR A too T B lot "0 a 1 PLATITED T- f .. AR A too T B lot "0 a 1 PLATITED T- PAR. Sor nse CW op Additio • AR A too T B lot "0 a 1 PLATITED T- a AF 0 Sor nse CW op Additio • To a AF 0 • • (612) 587 -5151 7 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: November 18, 1987 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: Variance Request as Submitted by Walter Hombach, VFW Pursuant to Section 6.05, B3, 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 a variance. HISTORY On September 28, 1987, Walter Hombach, VFW building committee chairman, submitted an application for a variance to allow him to provide off stret parking for the VFW located at 247 -1st Ave. S.E. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, October 20, 1987, and continued on November 17, 1987, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, October 8, 1987. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be granted with the stipulation that other properties purchased by the VFW in that block be turned into parking area also. Respectfully submitted, Dr, Thomas Lyke, Chairman Hutchinson Planning Commisson . I OL I . I I �� //� ^ � . I I RESOLUTION NO. 8657 RESOLUTION GRANTING VARIANCE FROM SECTION 10.02 OF . ZONING ORDINANCE NO. 464 TO ALLOW THE OWNER TO PROVIDE OFF- STREET PARKING AT THE VFW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Mr. Walter Hombach, Building committee chairman for the VFW, has applied for a variance from Section 10.02 of the Zoning Ordinance No. 464 to allow him to provide off - street parking for the VFW located at 247 -1st Ave. S.E., with the following legal description: Lots 2, 3, and 5 - Block 6 South 1/2 City City of Hutchinson 2. The Planning Commission has reviewed the application for a variance and has recommended to the City Council that the application be granted with the stipulation that other properties purchased by the VFW in that block be turned into parking area also. 3. The Council has considered the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the . public safety, and the values of property in the surrounding area and the effect of the proposed variance upon the Comprehensive Plan. 4. Because of conditions on the subject property and on the surrounding property, it is possible to use the subject property in such a way that the proposed variance will not impair an adequate supply of light and air to adja- cent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair health, safety, comfort, morals, or in any other aspect be contrary to the intent of the ordinance and the Comprehensive Plan. 5. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. It will not merely serve as a convenience to the applicant, but is necessary to alleviate demon- strable hardship or difficulty. CONCLUSION The application for variance for the purpose designated is granted based upon the findings set forth above. Adopted by the City Council this 24th day of November, 1987. ATTEST: Paul Ackland fill Mayor rary n D1n+7 r; +„ (612) 587.5151 JWJ37 ITY Of HUTCHINSON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 MEMORANDUM DATE: November 18, 1987 TO: Hutchinson City.Council -- — — — — — — — — — - — — — — — — — — — — — — — — — — — — ? FROM: Hdc ii1s,nrL-Pla lr irig -Commission— — — — — — — — — — — — — — — SUBJECT: CONSIDERATION OF FINAL PLAT OF JONATHAN'S SUBDIVISION SUBMITTED BY PAUL BETKER (2 mile radius) 0 The Planning Commission recommends approval with no objection. Janatbaata 8obdivision JONATHAN'S 0 �89•a41•w 162 90- It W c lip 40 1 Ab i --150.00- -1 r--�---- 283.•sz --- 290.00- SB9•e2'S4-E S89.39 46'E f i MIN f rp /r ry' f 1 C �f bIl Ioa a" f 4e . n an r 1 n w IM n: an 1 1 � e � o 1 '^ _ Ie0.00 171 3• R n6.16 _ _ _ _ . _ Lo COUNTY HIGHWAY NO. 14 - .35138 11700 S89'42'34 E S89'39'06E South me of SE :14 ar Sec 33. T :19 N. R 30 w -- South ,no of SW 4 or Sec 34 1+ v, R 30 w.- Sw :orne. +f Sec 34 ......+ ....meth �'� fc . +e o• me 7w .4 c• So a, _ fH 4f: C (612) 587 -5151 "HUTCHINSON, CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST MINN. 55350 MEM0RA -NDUM DATE: November 18, 1987 TO: D<y—GQUndl— — — — — — — — — — — — — — — — — — — FROM: Hutchinson Planning Commission ------------------------ - - - - -- SUBJECT: CONS IDLRAIIQfLQE, SKETCH_ PLAN -5UBMIUFDBILGERBIISNITJi -(Zmile radius) 01 The Planning Commission recommends approval with no objection. 0 That part of the :!o»thwPSt Quarter of the Southwest Quarter. of Section Twentv Eight (28) in Town =hip One Hundred Seventeje (117) North of Range Twentv Nine (29) West. Described as follows.to wit= Commencing at the Southeast corner of t)+e East Half of the 3outhwest.Quarter; thence -da =st 675.thence North 96A feet, thence East 675 feet; Thence South 968 feet to point of beainnin. Owners; Gerrit & Inez Smith. 1 J RED :ED ('r'. i 1_3 1987 L:0V,tJr;tFCd C r^ . e y & 76' o Vi K K n joXioo i s • Jff(612) 587.51 51 37 /TY O F HUTCHJNSON ON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 M E M O R A N D U M DATE: November 18, 1987 TO: Hutchinson City Council ------------------------------ FROM: Hutchinson Planning Commission ------------------------------ SUBJECT: — CONSIDERATION OF SKETCH —PLAN SUBMITTED BY MIKE COMMERFORD (2 mile radius). The Planning Commission recommends approval with no objection. NTIf K/ AY NO. N � C�•fatl l�t,a PLY / i ! ,✓V.L Hi ,. I .It •�. •' ^ti f9r+n. SOLI AI,Y � 2 2.0 Y�o \ / ! 2.03 �/ 7� Byts•Y, JAI -seer Lne ` Ar I1 I I �f. *Ock /Me � N O - i \ It ZI m « - Alt.,o 2 - v t `x - -___- RoAt -'JFME (612) 587 -5151 JWJ37WASH1NGT0N.4'1F,'VUE ITY OF HUTCH /NSON WEST CNINSON, MiNi% 5350 M E M O R A N D U M DATE: November 18, 1987 TO: Hutchinson City Council FROM; —Hutchinson PlanninCommission --- - - - - -- q_ — --- — — — — — — — — — — — — SUBJECT: — CONSIDERATION OF SKETCH PLAN SUBMITTED BY —ROGER SIEMSEN —(2 mile radius) The Planning Commission recommends approval with no objection. 0 0 steer fsriuES .#.......w.. #'rll .0 ono -Me W#sf M# nwl 74 S ,� ..can •. t i Coss o44 a!#o! 77.1' I F.4do, Seed lings I (East line of rpr 20 Wise of S/- _ 'Pogr I, AD r�� Pore/ pea r I 1! ConNrhm of per#, drift fAAirw. III 'w" #,4101 s#rAp/ L1.0 Of frvos i d l -w�- — two of Q _. r• __2 or SW i14 d C & 1 i �zsT' Vail ir4NrdY � 1 o BLOCK 1 } O b I w M i LOT d w i 1 f BENCH MARK. 4.' d,d RCP #0rer Pro, N end �nlv, 766 A� S0,#e rn sour# .91 o S old -n"1' '62' a ; E101dl.ona ,0801911#4, P N r _ 7c Ee - DeGicv�e d - - / (612) 587.5151 RAne, CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN, 55350 M E M O R A N D U M DATE: November 18, 1987 TO: Hutchinson City Council ------------------------ - - - - -- FROM: Hutchinson M anninco MiIs,ioll — — — — — — — — — — — — — — SUBJECT: CONSIDERATION OF PRILIMjNARJ T- LAT —Of L LLN —VI.EX SVEMLTIED. BY AL KOGLIN —(,f miTe radius) • The Planning Commission recommends approval with no objection. 0 ! /L/•/ LOT 3 owhi . w .... •.. :.i a . _. ROAD TOWNSHIP w I LOT 1 r s - 1 -_ - _ ► 1 -- � ,, titsy�,, (1 ,� LOT 6 LOT. 1 ;t ` 1',.:• -' '�':::. I .� ". vm'fa•a , � fo or,far•c I LOT 2 I �, LOT 41 A I i LOT 3 owhi 0 • • COUNTY OF McLEOD HIGHWAY DEPARTMENT November 17, 1987 Mr. Ed Homan McLeod County Zoning Administrator 830 11th Street East Glencoe, MN 55336 Re: Kamlin View Street Design Dear Mr. Homan: RECEIVED P,lOV 171987 "lCl.eod Count f'c—'irg C iic Cie!rctie> r *N 55K6 The revised preliminary plat and street design pages furnished to me addresses all my concerns of my letter of September 22, 1987. That is: 0 18" culvert with aprons is proposed along the township road. • a 40' swale is provided for between lots 3 and 4. I would add that the finished dirt design should be constructed to encourage as much of the water to be directed along the swale as 'possible. • the maximum ditch grade of 3% near the intersection is now proposed to be followed. o F.�,C lyFj BY. As submitted, the plans do not address the erosion spots in the township road ditch nor they address the culverts in the old bridge structure. I feel responsibility to have pointed these matters out to the planning board. However whether or not they are addressed in any manner by the planning board is strictly a matter for the planning board to decide. Sinc rely ichard B. Kjonaas, P.E. McLeod County Engineer st P.O. Box 236 Glencoe. MN 55336 (612 ) 864 -3156 h, An Equal Opporlunlly Employer (612)587-5 151 H�rcH' CITY OF HUTCHINSON • 37 WASHINGTON AVENUE WEST HUT HINSON, MINN. 55350 M E M O R A N D U M DATE: November 18, 1987 TO: Hutchinson City Council ------------------------ - - - - -- FROM: —Hutchinson Planning— Commission --- - - - - -- -------- - - - - -- SUBJECT: CONSIDERATION OF STREET LAY OUT SYSTEM AND NAMING AS LRE$E_NTED BY M- M — JiTRKA -- — — — — — — — — — The Planning Commission recommends approval of City Staff making • the decisions on street names and numbers.as presented. 0 9 S. (612) 587.5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: June 25, 1987 T0: Planning Commission FROM: Staff RE: Street Naming Recommendations Staff Meeting Held 6/22/1987 In attendance at the above - referenced meeting, were Gary Plotz, Gene Anderson, Ron Kirchoff, Jim Marka and George Field. _ Staff Recommendations, 1. North /South - Streets East/West — Avenue Eliminate the terms in all new developements, such as road, lane, drive, etc... 2. Add Suffix - NN, NE, SE, SW - to all signs. This would be required for all new signs and include signs ordered to replace existing signs as they need to be replaced. This would more readily identify the City in the four quadrants. _ 3. We would establish a grid overlay, to identify future streets and avenues; a. Using a numerical system, such as 12th St. S.N., 10th Ave. S.N., etc... - b. Using names, in alphabetic order. Names to be predesigned by City and generic in nature, thus eliminating family names. All existing street names would stay the same, however, they may continue out if general alignment would match the grid overlay. Exceptions may have to be considered in some areas of cul -de -sac's or curved lineal streets. Gary 0. Ploti Eugene Anderson Ron Kirchoff City Administrator Director of Engineering acting Police Chief James Marka George F. Field Building Official Fire Marshal r .%� (612) 587 -5151 f/U7CH' CITY OF HUTCHINSON . 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 MEMORANDUM DATE: November 18, 1987 TO: Hutchinson City Council FROM: _Hutuh1:ragnDLnning CQmWujoa______________ SUBJECT: —CONS IDERATIQO OE FIRM T0_ 11PI2AIEJHE _COMPRHEliSLVE PLAN_ The Planning Commission recommends approval of the firm of • BRW to update the Comprehensive Plan. They also recommended that City Staff review the options of what is needed in the Comprehensive Plan for the City of Hutchinson, �- T (612) 587 -5151 JW37 ITY OF HUTCHINSON CHlNSOA MINN, 55350 M E M O DATE: November 17, 1967 TO: Mayor and City Council FROM: Director of Engineering RE: Subdivision Agreement for Kamlin view (2 mile radius) The accompanying proposed Subdivision Agreement pertains to a parcel of property for which a Preliminary Plat has been submitted. The parcel is located in Acoma Township, with the two mile radius purview of the Subdivision Ordinance. The agreement has been submitted to the City Attorney and to the Subdivider for approval. Approval of the Council is respectfully requested. is EA/pv attachment Respectfully submitted, jUne&nderson Director of Engineering SUBDIVISION AGREEMENT RANLIN VIEW ACONA TOWNSHIP • CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Alfred toglin and Audrey Eoglin, husband and wife, nafter corporation called County of McLeod, State of Minnssotat hereinafter called the "City "; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of a tract of land in the Northeast Quarter of the Southeast Quarter of Section 269 Township 117 North, Range 30 West, a parcel of which to be known as KkMLIN VIEW, which is located in Aeoma Township in McLeod County, Minnesota, and; WHEREAS, City ordinance 464 and 466 requires subdividers to make certain improvements and park donation in or for the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Subsequent to annexation of %AMLIN VIEW into the City, sanitary sewer and water service mains, sanitary sewer service leads, watermain installed to serve each lot in the Subdivision. leads shall be shall be constructed within the Subdivision to Lateral storm sewer the Subdivision and of property provide adequate drainage of adjacent thereto. It will be necessary to grade, immediately aggregate base, construct concrete curb and gutter, and in the construct street construct a permanent road surface adja proposed to the Subdivision. Subdivision and on the township road 2. It is understood and agreed that the improvements required in several Paragraph No. 1 be constructed l ted during several Construction Seasons. contracts and may b b e comp 3. It is understood and agreed that the construction of the sanitary leads for the entire sewer main system and sanitary sewer service improvement Subdivision under one equally toneachtlotdithat he Subdivisi be assessed 4. It is understood and agreed that the construction of the watermain Subdivision will be system and water service leads for the entire total improvement cost will be assessed under one contract and the lot in the Subdivision. equally to each 5. It is understood and agreed that any cost assessable to the City's sanitary sewer system and Subdivision for the extension of the Subdivision o serve the Subdivision will be water main system to assessed equally to each the Subdivision. 6. It is understood and agreed that the construction of the lateral be sewer Subdivision storm be assessed equally to each lot and the total cost will in the Subdivision. SUBDIVISION AGREEMENT KAMLIN VIEW PAGE 2 i 7. It is understood and agreed that the improvement of the proposed street in the Subdivision by grading and aggregate base will be under one contract and the total improvement cost will be assessed equally to each lot in the Subdivision. 8. It is understood and agreed that the construction of curb and gutter on the proposed street in the Subdivision will be under one contract and the total improvement cost will be assessed equally to each lot in the Subdivision. 9. It is understood and agreed that the construction of a permanent road surface on the proposed street in the Subdivision will be under one contract and the total improvement cost will be assessed equally to each lot in-the Subdivision. 10. It is understood and agreed that the necessary construction of curb and gutter, grading, aggregate base and surfacing on the township road adjacent to the Subdivision will be under one or more contracts, that only part of the improvement cost is assessable to KAMLIN VIEW and that the assessment will be equally to each lot in the Subdivision. 11. It is understood and agreed that any trunk storm sewer system that is constructed by the City that will serve the Subdivision will be assessed by the City to all properties served by the system. The KAMLIN VIEW SUBDIVISION lots will be assessed according to the City's assessment policy for trunk storm sewer systems at the time said System is built. 12. The Subdivider hereby waives all rights to a public hearing and appeal for the cost of all improvements referenced herein in Paragraphs 1 through and including 11. The waiving of all such rights shall be binding upon and extend to the heirs, representatives, assigns, and successors of the Subdivider. 13. It is understood and agreed that each lot in the Subdivision will be required to make a Parks and Playground Contribution to the City in - — accordance with the City's Parks and Playground Contribution Schedule Cost at the time of annexation. Said payment schedule is for one (1) dwelling unit per lot. Additional dwelling units per lot will require an additional payment. 14. Any future re- subdivision into smaller city lots shall require a new plat and new Subdivision Agreement therefor. Said Agreement shall include all sections and paragraphs deemed necessary and appropriate from this agreement. 15. It is understood and agreed that all lots in the Subdivision will be . used for residential purposes only. No commercial or industrial land use will be permitted. SUBDIVISION AGREEMENT 6AMLIN VIEW PAGE 3 16. It is understood and agreed that no lots can be subdivided into smaller lots by metes and bounds. Any such subdividing shall be accomplished in accordance with Paragraph No. 14 hereof. 17. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties hereto. 18. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office at the time the Final Plat is recorded and return a copy of the recorded agreement to the City Engineer's Office. IN WITNESS THEREOF, said Alfred Roglin and Audrey Roglin, husband and wife, have hereunto set their hands this _ day of , 19_. Alfred Roglin Audrey Roglin STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this day of , 19_9 by Alfred $oglin and Audrey Roglin, husband and wife. Notary Public, County, Minnesota My Commission Expires Approved by the City Council on the _ day of , 19_. CITY OF HUTCHINSON Its Mayor Its City Clerk STATE OF _MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF day of , 19_, by Paul L. Acklan, Mayor and Gary D. Plotz, City Clerk. Notary Public, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: 0 G. Barry Anderson ARNOLD 8 McDOWELL • 101 Park Place Hutchinson, MN 55350 Telephone No. (612) 587 -7575 ttorney I.D. #196% / (612) 587.5151 f/VTCH CITY OF HUTCHINSON �37 WASHINGTON AVENUE WEST WL'CHINSON. MINN 55350 M E M O DATE: November 18, 1987 TO: b Mayor and City Council FROM: Director of Engineering RE: Subdivision Agreement Jonathan's Subdivision (2 mile radius) The accompanying Subdivision Agreement pertains to a parcel of property for which Final Plat has been submitted. The parcel is located in Acoma Township, within the two mile radius purview of the Subdivision Ordinance. The agreement has been submitted to the City Attorney and to the Subdivider for approval. Approval of the Council is respectfully requested. EA /pv attachment 0 Respectfully submitted, 1 � L(4 &Werson Director of Engineering q--v 3matUals Wbeiridim*, I JONATHAN'.. 0 _ _1. •:.e. .a►•av ef.i 7 1469.41 41•w -162 90- - s rs.�lt T w r 1 W N- j!S ^Ih .: O� 4MAI ; le w l_____________________�____ .- 313.06- - •l5000 - - -, --�- ___.293.162 - =- .- -290.00- -. I S69.42'34'E rO; - - -'- fw S69.39'46'E 1 1 � 1 i ; 1 w� ft ^wfw 2 J of lZi I 10 ~= w fA� f w MR •p 1 ' • N i I l 1 l 1 S o ' i TL 1 1 '^ _ i1O.00 171 34 A n6.K COUNTY M16MWAY NO. 14 35136 11700- S69'42'34 E S&W39'4VE _ --5gpr one of SE "e if Sec 33 T N. R 30* Sow- ,me of SW im of Sec 34 "1? 4. R 30*,- Sw eornel of Sac 34 Cis, .la. m0..Mow _ _1. •:.e. .a►•av ef.i 7 SUBDIVISION AGREEMENT JONATHAN'S SUBDIVISION ACOMA TOWNSHIP • CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Paul S. Betker and Janet K. Betker, husband and wife, and Citizens Bank and Trust Company, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal corporation in the County of McLeod, State of Minnesota, hereinafter called the "City "; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of a tract of land in the East Half of the Southeast Quarter of the Southeast Quarter of Section 33, in the Southwest Quarter of the Southwest Quarter of Section 34, Township 117 North, Range 30 West, a parcel of which to be known as JONATHAN'S SUBDIVISION, which is located in Acoma Township in McLeod County, Minnesota, and; WHEREAS, City Ordinance 464 and 466 requires subdividers to make certain, improvements and park donation in or for the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Subsequent to annexation of JONATHAN'S SUBDIVISION into the City, sanitary sewer mains, sanitary sewer service leads, watermain and • water service leads shall be installed to serve each lot in the Subdivision. Lateral storm sewer shall be constructed within the Subdivision to provide' adequate drainage of the Subdivision and of property immediately adjacent thereto. It will be necessary to grade, construct aggregate base, construct concrete curb and gutter, and construct a permanent road surface on the proposed street in the Subdivision and on the township road adjacent to the Subdivision. 2. It is understood and agreed that the improvements required in Paragraph No. 1 may be constructed under a single contract or several contracts and may be completed during several construction seasons. 3. It is understood and agreed that the construction of the sanitary sewer main system and sanitary sewer service leads for the entire Subdivision will be under one contract and that the total improvement cost will be assessed equally to each lot in the Subdivision. 4. It is understood and agreed that the construction of the watermain system and water service leads for the entire Subdivision will be under one contract and the total improvement cost will be assessed equally to each lot in the Subdivision. 5. It is understood and agreed that any cost assessable to the Subdivision for the extension of the City's sanitary sewer system and water main system to the Subdivision to serve the Subdivision will be assessed equally to each lot in the Subdivision. 6. It is understood and agreed that the construction of the lateral 9 -� SUBDIVISION AGREEMENT JONATHAN'S SUBDIVISION PA08 2 • storm sewer system within the Subdivision will be under one contract and the total improvement cost will be assessed equally to each lot in the Subdivision. 7. It is understood and agreed that the necessary construction of curb and gutter, grading, aggregate base and surfacing on County Highway No. 14 will be under one or more contracts, that only part of the improvement cost is assessable to JONATHAN'S SUBDIVISION and that the assessment will be allocated equally to each lot in the Subdivision. 8. It is understood and agreed that any trunk storm sewer system that is constructed by the City that will serve the Subdivision will be assessed by the City to all properties served by the system. The JONATHAN'S SUBDIVISION lots will be assessed according to the City's assessment policy for trunk storm sewer systems at the time said system is built. 9. The Subdivider hereby waives all rights to a public hearing and appeal for the cost of all improvements referenced herein in Paragraphs 1 through and including 8. The waiving of all such .rights shall be binding upon and extend „to the heirs, representatives, assigns, and successors of the Subdivider. 10. It is understood and agreed that each lot in the Subdivision will be required to make a Parks and Playground Contribution to the City in • accordance with the City's Parks and Playground Contribution Schedule Cost at the time of annexation. Said payment schedule is for one (1) dwelling unit per lot. Additional dwelling units per lot will require an additional payment. 11. Any future re- subdivision into smaller city lots shall require a new plat and new Subdivision Agreement therefor. Said Agreement shall include all sections and paragraphs deemed necessary and appropriate from this agreement. 12. It is understood and agreed that all lots in the Subdivision will be used for residential purposes only. No commercial or industrial land use will be permitted. 13. It is understood and agreed that no lots can be subdivided into smaller lots by metes and bounds. Any such subdividing shall be accomplished in accordance with Paragraph No. 10 hereof. 14. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties hereto. 15. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office at the time the Final Plat is recorded and return a copy of the recorded agreement to the City Engineer's Office. 10 SUBDIVISION AGREEMENT JONATHAN'S SUBDIVISION PAGE 3 • IN WITNESS THEREOF, said Paul S. Betker and Janet K. Betker, husband and wife, and Bonnie J. Westmiller, Assistant Vice - President of Citizens Bank 6 Trust Company have hereunto set their hands this, day of , 19_ Paul S. Betker Janet K. Betker CITIZENS BANK AND TRUST COMPANY BY: Bonnie J. Westmiller Assistant Vice- President STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this _ day of , 19_0 by Paul S. Betker and Janet K. Betker, husband and wife; and Bonnie J. Westmiller, Assistant Vice - President of Citizens Bank 6 Trust Company. • Notary Public, County, Minnesota My Commission Expires Approved by the City Council on the _ day of , 19_. CITY OF HUTCHINSON Its Mayor Its City Clerk STATE OF MINNESOTA The foregoing instrument was acknowledged before me COUNTY OF this _ day of , 19_, by Paul L. Ackland, Mayor and Gary D. Plotz, City Clerk. Notary Public, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD 6 McDOWELL 101 Park Place Hutchinson, MN 55350 Telephone No. (612) 587 -7575 Attorney Z.D. f196X (612) 587 -5151 JWHU7CHINSON, ITY OF HUTCHINSON • WASHINGTON AVENUE WEST MINN. 55350 M E M O R A N D U M DATE: November 19, 1987 T0: —Mayor—and City Council — —---------- — — — — — — — — — — — — — — — — FROM: Gary D. Plotz, City Administrator — -- ---------- ----- -- — — — — — — — — — — SUBJECT: Handicapped Access to Police Station --- --------------------- - - - - -- Handicapped access is provided through a rear entrance to the new police station. The rear entrance has a camera and a locked door that is opened by the dispatcher. I understand this arrangement meets the requirement for a handicapped access. • It has been suggested by the Mayor that perhaps a handicapped access from the front of the building would be a valuable addition. The City Engineer and the Building Official have reviewed the plans and there may be some difficulty in obtaining the necessary grade change through the front entrance. The guide is for one foot of elevation, there needs to be 20 lineal feet. The front of the police station is currently set at approximately 1053. The existing sidewalk is 1052 and Franklin Street is currently at 1051. Therefore, there would need to be approximately 40 feet needed if a ramp was projected from the front of the building out to the street. The proposed diagonal parking in the 1988 improve- ment projects would have the new sidewalk immediately adjacent to the curb. There are some engineering difficulties in dealing with the grade and the side- walk. Gene Anderson will describe this further with an overhead projector at the City Council meeting. A map for your reference is enclosed. /ms Encl. .� Kn IJNG» �j..IFC �ifl�fl(JIJ E r'<.AN l!»NDbLAPIN4 f•LAN - -- - - - ^ � A 1 105l'i, 1052" AA R '3t`r •tEMM�4 PRot'c.seP FurZ•t zvf6C�'AC. rgRrJNV• MJ'ti .:1�; ������,�� -ArX 5N I .Ells 1iNq 1�8E • •+r.1 11 tFU.l w nrJ iw,t0y. 44, \O 1 �... , W: TrLN. •10'13.0 / ���' II 1 6 SIDE lK Ir W (612) 587 -5151 ITY OF HUTCHINSON WASHINGTON AVENUE tNEST CHINSON, MINN. 55350 M E M O R A N D U M DATE: November 20, 1987 TO: Mayor and Council FROM: Gary Plotz, City Administrator, SUBJECT:POLICE DEPARTMENT OFFICE FURNISHINGS On Monday, November 16 I had a meeting with the following individuals: Ron Rirchoff John Gregor Ken Merrill John Korngiebel • we reviewed the draft of items and sizes, as prepared by John Gregor. we also reviewed the Allen Office supply bid and Rexall bid; also suggestion from Council Member Torgerson. We also examined the specifications and bids on the building and determined that window treatments were specified, bid and awarded; however certain other items (chalkboard /markboards) never received a bid(s). John Korngiebel agreed to have the city a cost estimate: prepare the specification(s), review the bid, and make recommendations. I will have the cost estimate Tuesday night. The bid specification could be completed within one week (Dec. 1st); with a tenative bid opening date of Dec. 15th. As suggested, I did obtain an estimate from Lloyd Allen on the cost of preparing specification etc. The price would be 12%. At the time I talked with Lloyd, he had no other suggestions of people or firms to draw -up specifications. I did explain that John Korngiebel has an interest. I also contacted Milt Luenberg of Rexall. Assuming that specifications were drawn, Rexall would be willing to bid. Requests to obtain a set of specifications would be make in writing to the consultant; and any questions can be, also, handled in this way. . Bidders would be provided colors (fabric, desk /files, etc.) based on "color coordination" with carpeting, window treatment, walls etc. /7 cc: Ron Rirchoff John Gregor Ken Merrill $1,193,651.92 • s *Withholding Tax Acct. REGULAR COUNCIL MEETING NOVEMBER 24, 1987 WATER & SEWER FUND employer contribution 79.31 *Coast to Coast supplies $93.14 *PERA employer contribution 256.82 *WIthholding Tax Acct. employer contribution 422.24 Arcon Construction Co. payment #S 10,892.81 Robert L. Carr Escrow Acct. payment #7 84,078.00 Robert L. Carr Co. payment #7 1,056,733.00 Donohue 6 Associates prof. services 30,773.93 AEC Engineers inspection services 1561.92 Vista Systems seminar 75.00 Dept. of Labor F, Industry boiler certificate 10.00 Henry Heinicke %steel toed boots 30.00 Chapin Pub. Co. bids well $ well house 234.00 Central Garage Sept. repair jobs 458.03 Central Garage Oct. repair jobs 1859.19 Logis computer charges 438.77 Mn. Valley Testing Lab water testing 68.00 RCM Associates prof.services 5470.47 Zins Machining Inc. repairs 196.60 $1,193,651.92 • CENTRAL GARAGE FUND *Withholding Tax Acct. *PERA employer contribution $47.14 *WIthholding Tax Acct. employer contribution 79.31 Cluth & U Joint INc. repairs 121.88 MOTOR 1 yr subscription 14.00 Axle $ Spindle Repair repairs 450.00 PLOWMAns Inc. parts 105.14 Rockmount Research supplies 136.61 Schmeling Oil oil 295.35 snowmobile reg. fees 11.00 $1,249.43 GENERAL FUND *Withholding Tax Acct. employers contribution $3402.17 *Gladys Madson election judge 46.06 *Doris Daggett election judge 46.06 *Marie Antony election judge 46.06 *Mn. Municipal Board filing fee 142.00 *Dept. of Natural REsources ORV reg. fees 36.00 *Dept. of Natural REsources snowmobile reg. fees 11.00 •*Dept of Natural Resources boat reg. fees 3.00 *Dept. of Natural REsources snowmobile reg. fees 8.00 *Dept. of Natural REsources ORV reg. fees 76.00 *Dept. of Natural Resources snowmobile reg. fees 26.00 *PERA employer contribution 3795..45 -2- Viola Kluas tour refund 6.00 • Marion Nelson tour refund 6.00 Jesse 0. Bye piano lessions 90.00 Arnold Rotzien film development 9.53 Jean Allen Old log refund 20.00 Charlotte Ring Old Log refund 20.00 Kim Brehmer handicapped program 8.00 Jeremy Hoffman football coach 102.00 Orlin Henke 2 sweaters - police part time 52.00 John Decker unclaimed billfold 26.33 James Marka SW Mn. Bldg. Conf. 8.60 PJ Foreign Car repairs 87.60 American LaFrance parts 18.31 American Cemetery 1 yr subscription 12.00 Ben Franklin Crafts pack $ shipping charges 13.50 Business REcords Corp supplies 381.49 Credit Bureau of Hutchinson investigation files 170.80 Country Kitchen prisoner board 5.62 Duininck Bros. street materials 75.00 Hutch Hi School 1988 yearbook 20.00 Kustom Electronics Inc. repairs 134.21 Lano Equipment repairs 375.00 Law Enforcement Equipment parts 61.95 Litchfield Ind. Review subscription 14.00 Murphys Landing tour fee 92.00 R & R Specialties Inc. repairs 113.10 •USA Today subscription renewal 97.50 Vista Systems seminar 75.00 Dept. of Labor & Industry boiler certificates 120.00 Albinson supplies 10.82 American Risk Services prof. consulting services 800.00 Atkinson Blacktop Services street materials 389.90 Automations Supply Co. office supplies 54.43 Arnold $ McDowell legal services 2556.92 Central Garage Sept $ Oct repairs 12,238.75 Coca Cola Bottling supplies 560.50 Chamber of Commerce secretarial services Nov. 180.00 Display Sales Inc. bulbs $ fuses 383.00 Co. Treasurer 1987 Assessment services 19,700.00 Co. Treasurer dl fees 87.00 Dons Foods supplies 30.65 Doug Jost prof. fees $ mileage 788.19 Eileen Goeders contract payment 1500.00 Electro Watchman Inc. annual charge 132.00 Great Plains supplies 340.83 Gopher Sign signs 37.64 Hager Jewelry UPS charges 6.15 Henrys Candy Co. supplies 181.25 Home Bakery supplies 6.48 Hutch Com. Hospital supplies, laundry 8 alcohol tests 39.12 Hutch Utitilies change overhead to underground 362.03 .Ind. School Dist. 423 bldg. supervisor 113.75 Ink Spots printing and supplies 120.15 Johnson Radio Com. repairs 92.50 Logis computer charges 4231.24 Marco Bus. Products office supplies 77.22 Mankato Business Products copier maintenance 45.00 -3- • Meeker Washed Sand & Gravel sand 13.61 estimate #2 MidCentral Inc. supplies 2.50 20,700.00 Midcontinent Theatre 50 tickets 137.50 The Phil Hutchinson Co. McGravey Coffee coffee 110.40 estimate #2 NO.Am.Cable Systems basic cable 5.46 15,391.00 Pikal Music Store parts 40.00 Peterson Bus. Services bus rental 395.00 Pitney Bowes Credit Corp. mailmach /scale 102.00 Rite Way Auto Wash 50 tokens 50.00 Schlueters Refrigeration repairs 65.90 State of Minnesota mn. guidebook to state agencies 16.50 PERA balance due 7623.43 UBC supplies 484.71 US Postmaster meter postage 300.00 $64,265.87 BOND FUNDS ENERGY LOAN DEVELOPMENT Schlueters Refrigeration $ Elliotts -Steak roof heating and cooling unit $3949.00 A & B Electric $ Elliotts Steak equipment 89.68 • 4038.68 BONDS OF 1987 Willard Pellinen surveys $ Certificates 125.00 Hutch Utilities street lites 3952.85 4077.85 POLICE CONSTRUCTION FUND C.A.M. professional fees 5270.99 Sell Hardware estimate #2 8590.45 E.J. Pinske Bidrs Inc. estimate #3 20,700.00 Lau Sales Co. estimate #1 439.20 The Phil Hutchinson Co. estimate #1 1490.40 Bladholm Bros. estimate #2 4191.00 Allied Mechanical Systems application #4 15,391.00 56,073.04 VID B. ARNOLD BLES E. CARXICHARL WE, " B. LABARON OARS D. XCDOWZIX PATE EHONLEs STEVEN A. ANDERSON O. BARB{ ANDERSON STEVEN S. HOOF CHARLE9 L. HAIL. JR. DANIEL J. BERENS LURA E. PRETLAND DAVID A. BRUEOOEXANN JOSEPH X. PAIEXENT November 19, 1987 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PAR= PLACE HUTCHINSON. MINNESOTA 55350 Ms. Joan Proehl McLeod County District Court Administrator McLeod County Courthouse Glencoe, Mn. 55336 (912) 587 -7575 RESIDENT ATTORNEY O. BARRT ANDERSON Re: Ulland vs. Marka, et. al. City of Hutchinson vs. Ulland Our File No. 3244 -87 -0011 • Dear Joan: FOR YOUR INFORMATION S8S1 CEDAR LEE ROAD MINNEAPOLIS. XDUtESOTA 56481 PNSI 546 -9000 MN TuL FREE 800.060 -4566 TELECOPIER 4%W 846 -1790 601 SOUTH PODRTR STREET PRUSCETON. MINNESOTA boon Isis) 059 -SW4 714 TENTS STREET LET GLENCOE. XINRESOTA 55038 MRS SO4 -SW 6rf` 1� I enclose herewith for filing the Answer to the Petition brought by Sam Ulland in connection with the above entitled litigation. Note that we have attached an Affidavit of Service indicating that the Answer has been served on Mr. Ulland at his last known address. Normally, an Answer to a Petition such as Mr. Ulland's would not be required; however, in a handwritten notice served on this office last week, he advised me that he considered his Petition to also be the equivalent of a Complaint and under those circumstances, the City has elected to answer the Petition. The filing fee on this particular matter was paid at the time of the hearing on the Petition. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm Enclo CC �re y D. Plotz DAVID B. ARNOLD CRARLBS ■. CARMICR►EL MICHAEL B. LABAROII OAST D.M- DOMELL rAYL KNOWLES STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. 500E CMA0I.E5 L,WAIL,JR. DANIEL J. BERENS LACRA K. rBETLAND DAVID A. BRUEOOEMA.VN JOSEPH M. PAIEMENT November 19, 1987 ARxoLD & McDowE L ATTORNEYS AT LAW tot PARR PLACE K=HxNsom MzxNzsCrA 55850 1612) 587.7575 RaSIDENT ATTORNEY O. BARRY ANDERSON Mr. Leon Odegaard 1420 Greeley Glencoe, Mn. 55336 Re: City of Hutchinson vs. Sam Ulland Our File No. 3244 -87 -0001 Dear Leon: FOR YOUR INFORMATION 5EB1 CEDAR "RE ROAD MINEEAPOLia, unomeOra. 564E 4191 544.9000 MN TOLL raas Ego -0A0 -4542 TELECOPIER (MI 545-r,90 501 SOUTH FOURTH EMERY PRINCETON, MINNESOTA "an 15191 050-9914 Tle TENTH STREET BABY OLENCOE, MINNESOTA GEMS 14191 Bee -Em NoL'98j �.. N *I -tE0% I am enclosing herewith a copy of a Summons and Complaint which should be served upon Sam Ulland, whose last known address was P.O. Box 157, Winsted, Mn. We do have other addresses for Mr. Ulland to which previous correspondence has been directed to him and those addresses include the following: 1. 163 Main Avenue West, Winsted, Mn. 2. Midwest Trailer Court, Hutchinson, Mn. Please make service upon Mr. Ulland with deliberate speed. Please return your Affidavit of Service to my attention, along with a statement for services rendered. Thank you for your kind attention to these details. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm Enclosure CC VA/ary Plotz Am Equal Opportunity Employcr 0 STATE OF MINNESOTA MUNICIPAL BOARD Suite 165 Metro Square 7th & Robert Str"t3 St. NO, Minnewto 55101 Gary D. Plotz' City Administrator 37 Washington Avenue, West Hutchinson, Minnesota 55350 Docket Number A -4423 HUTCHINSON TECHNOLOGY, INC. Dear Mr. Plotz: November 13, 1987 Ordinance Number 763 City of Hutchinson Phone: (612) 2%2410 �„ 4 `C2, "V 1987 RECEIVED By......,,_ ^, FOR YOUR INFORMATION The Minnesota Municipal Board has now processed and approved the above • ordinance in accordance with Minnesota Statutes, Chapter 414, and the Rules of Procedure. According to law, this annexation ordinance must be filed with the Township Clerk, County Auditor, Secretary of State, and the Municipal Board. (Since the ordinance has already been filed with the Municipal Board, no additional copies are required.) We also recommend that you file the ordinance with the County Recorder. The annexation is final upon the date the ordinance is approved by the Board, which is the date of this letter. Sincerely, MUNICIPAL BOARD Patricia D. Lody Assistant Director PDL:sg cc: McLeod County Auditor Huehinson Township Clerk rilyn Swanson, Administrative Secretary Secretary of State -41111110-U EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL FOR YOUR INFORMATION CnY OF NUTg1NM NAME Kathleen Russmiller (skate pro -$12) Co> lire ZagkriTn (Darks) 01119I�Ilitte aon ssions) * Susan Griep (mentally handicap aide) JOB TITLE as above SUPERVISED BY Bruce Ericson et al EMPLOYMENT STATUS PAY RATE 'T1 - T3 COMMENTS DATE October 30, 1987 ADDRESS Burnsville Ito R �,1 utc iinsNEch Hutchinson 83 McLeod Ave., Hutchinson -X NEW EMPLOYEE FULL TIME X OTHER: (returning teW) X PART TIME OR SEASONAL THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS. D11 TM ' HEAD PERSONNEL OORDINATOR L CITY ADMINISTRATOR 0 L J October 1987 �ance Receipts: Basic State /Federal Aid Big Stone County *Chippewa County Kandiyohi County McLeod County Meeker County Swift County Appleton Benson Glencoe Graceville Hutchinson Kerkhoven Litchfield Ortonville Willmar Bird Island *Dawson Hector *Madison Renville PIONEERLAND LIBRARY SYSTEM Treasurer's Report Curtis Johnson, Treasurer BUDGET INCOME BUDGET INCOME MTD YTD BUDGET $ 57,411.28 $ 70,273.99 FOR YOUR INFORMATION 27,024.00 5,484.25 18,461.25 24,542.00 15,748.75 15,556.75 8,640.00 2,326.25 4,652.25 5,761:00 892.00 12,578.50 997.00 2,943.25 20,080.00 1,664.75 2,306.75 1,519.25 2,684.00 1,811.50 Cash Receipts 3,557.65 Gifts Interest 452.75 Reimbursements (local govt) *Chippewa County 8,007.00 *Dawson 1,368.00 *Madison 875.00 "Benson (materials only) 9.79 Chippewa Co. (materials only) Other Reimbursements 1,069.87 Other Total Receipts 191,013.56 Other funds Glencoe Fund KCWL TOTAL RECEIPTS & BALANCE: $248,424.84 U 172,441.00 21,937.00 73,845.00 98,168.00 62,994.25 62,227.00 34,560.00 9,305.00 18,609.00 23,044.00 3,568.00 50,314.00 3,988.00 28,604.25 11,773.00 80,320.00 6.,659.00 9,227.00 6,077.00 10,736.00 7,246.00 34,969.75 3,175.80 5,019.24 32,028.00 5,472.00 3,500.00 1,681.16 5,000.00 5,596.86 892,085.31 $962,359.30 Page 1 (OVER) 205,000.00 21,937.00 *73,845.00 98,168.00 62,995.00 62,227.00 34,560.00 9,305.00 18,609.00 23,044.00 3,568.00 50,314.00 3,988.00 38,139.00 11,773.00 80,320.00 6,659.00 • 9,227.00 6,077.00 *10,736.00 7,246.00 48,000.00 2,000,00 8,000.00 *32,028.00 * 5,472.00 * 3,500.00 1,681.16 5,000.00 5,401 -.00 948,819.16 3,742.00 1,786.00 $954,347.16 October 1987 PIONEERLAND LIBRARY SYSTEM TREASURER'S REPORT (Continued) EXPENDITURES# OCLC AND GT"Ek C44RGES .00 14Tv Y73 _t OF crlP }Uw .60 16.098.73 EAPc "t JI IVAES EAPcNLITUkES TO EST. .SL.. .. 259668.92 „CLT f. k'r Jr'.-._ _q0 __ .00 -to C4_.__._. .G`.. LiPkAAY OPEAATIaN Awl �PAI.%TENANCE 19176.69 1290(.1.68 90.414 P,;RSi1,,AL SEAVIC:S .00 272.50 19.46% 19400.00 SAL,,PiEa_rl:i4_al.uEa _ 4fsdS1•'A6 SOSa3G.L2IS BO.7Pi e2�ai4 +.L;_ 4LALYA 019UAA.CE 85.b2% 1914J.02 149476.71 67.974 210OQu.00 4:ALTY 1 "l'Ji.A14Cc acwU.T19LE_ 90.094 424.73 29045.97 63.94; 39400.u0 _9681.62 48. 641.55_".4.3 2s S,s,77U.Q2._. 1.575.70 ACCT 'k:Ur... St94n3.63 571.271.51 - 94.83% 706#794.00 MAT=PIALS 151.494 70J.00 91AIhTENENCE 4!.0 CONTRACTS 19460.05 °Or'AS - A.$,LT 122.714 59a9a.21 55.619.63 97.012 57.335.50_ PUOAS - ChILDkEN 118.10x. 19223.69 14.4 ?7.67 96.24% 169u00.30 GLN:RML 2EFcRc1:CE on 7.217.05 12J.30% 6.000.00 - PE010 OTLALS 90.004 41b.90 209172.55 96. -- 2191Ou•60 P^VVVLETS _ 1".31.9.12 .GO 15i.05 51.684 300.60 SWIF7 CWUATY MAIEKIALS 754.73 .GO 401.26 .004 - - .00 - Ack'4VR LIBRARY MA(FI IALS 2.676.50 224.30 1.228.68 73.:13 -A#471_.37- TMIPPEdA COUNTY LI°kAkY MATtRIALS 475.12 .9574.04 51.4Pi 5•LCJ.50 WWI L 16MM FILMS ?:,.,Jr.) .GO 496C0.00 66.674 3990C.G0 V19c0 IIS(.S C TAP_$ .JO 43.52 3.3C9.34 7.900.JO 4960C.00 AUDIO )ISLS A.90 T..PLS .00 .00 220.65 - 226.4;5i _ 100.U0 SLIDF5 A`:D FILM STRIPS .60 •G3 576.70 230.68% 253.00 M4CROF7fiMS 425.Jn ._00 154.5e _154.504 10J.00 ._ 9INUINS - c9c.b0 _- .60 e80.22 71.604 953.00 ..CET G�ADuO... .,CLT GkC.JP... d•u7J.64 10993`2.59 93.14% 1179"0~.37 OCLC AND GT"Ek C44RGES .00 69976.19 49.534 180J00.00 . COM VcNtpJk CIARGES .60 16.098.73 150.06% 10,071.00 ACCT Gk?UO... .60 259668.92 97.44% 2d.b71.L0 VEHICLES e - TEL,PHINE AND LING Ch .,R.9E5 OPEAATIaN Awl �PAI.%TENANCE 19176.69 1290(.1.68 90.414 15.3gftCl AT ION - .60 - •00 - .005 4900C.01 - - ACCT GROUP... 19170.89 12.597.42 61.45% 209500.u0 COMMUNICATION - - - TEL,PHINE AND LING Ch .,R.9E5 654.96- -_ .- 7.157.54 84.682 - 69:0J .00 TERMINAL MAINTENCi CE .00 272.50 19.46% 19400.00 POSTAGE A749 SHIPPING 532.62 69865.05 85.b2% 39003.00 ACCT Ck3UP... 19186.98 149335976- 90.094 1T#900.00 EQUIPMENT - YEW EQUIPMENT 489.00 1.575.70 78.794 2.000.00_ A/V EQUIPMENT 164.00 19069.43 151.494 70J.00 91AIhTENENCE 4!.0 CONTRACTS 19460.05 149724.60 122.714 129300.00 - ACAT- %R9U0.c- _..2-#-1.13.35 179360193_.. 118.10x. .149700.60 07t" CUSTODIAL SUPPLIES ANJ EJUIP)ALNT 86.98 906.04 90.004 19000.00 SuPPi-EES -AND ' -PRIM 37x6 _ __ -__ _____ 2.274.22 _.__... 1".31.9.12 76.fl44- 20.1500-.00 PkC±1OTI QiAL A..D PKOGRA4hI.vG 224.00 754.73 150.%54 500.00 MiLEA..E Awl mEETL'9GS - STAFF 431.60 2.676.50 54.12: 5.596.00 ,111-cAjZ Aug +rccTI::GS - TRu STrcS _.. _- .. - - -- 116.e5 0k',,;. K:':OEk5nli5 1T..STEc 51 ?:,.,Jr.) 4C3 uO 161.20% n5J.0� I %5 uF;.ILE .JO 99405.10 119.09s 7.900.JO _ WS 4,40 LEG:.L NuT.C1.5 .00 4CJ.61 445.12 %0.00 Au0iT1Nu .60 1.400.00 116.674 19,0L.00 0 J00 CE i 1.915 425.Jn 2.450.00 75.u04 1.J00.00 !:.171•.'03 \u cJOCATi O:9 c9c.b0 673.74 496.c74 203 -VO r ..CET G�ADuO... 491F1.55 379174.69 91..77% 4[9 a4:o.00 SPELI4L - SLEACGE FRIENUSs 190 .Ul .00 .004 3.742.00 K:ML 53~.40 634.40 35.52% 1.71.5.00 AuTuM.Tl n F'b.0 ILICAL1 _ . VC .00 .004 .u0 uOG.- TJTAt.... ?J•OE 9.14 757.703.oO 84.554 95 "9337 ENDING CASH BALANCE $174,565.70 $174,565.70 Page 2 0 • league of October 29, 1987 r ik FOR YOUR INFORMATION minnesota cities To: Member cities - LMCIT property /casualty program From: LMCIT Board of Trustees Sig Stene, Mayor, Lindstrom Ken Orttel, City Council, Andover Ken Murphy, City Council, Thief River Falls Paul Holmlund, Finance Director, Brooklyn Center Don Slater, Executive Director, LMC Re: LMCIT property /casualty program dividend At their October 23 meeting the LMCIT Board of Trustees voted to return a total of $4.2 million to the property /casualty program members. Cities will receive two separate payments. The first payment is enclosed, and represents a return of the lot "reserve assessment"' which your city paid in 1985. Because of the program's strong financial condition, these reserve funds are no longer needed by IMCIT. Reserve assessments being returned to cities total $2.1 million. The second payment will be made during December, and will total another $2.1 million. This amount will be allocated among the member cities according to a formula which reflects the total premiums paid and the total losses incurred by each city for all years of participation in LMCIT thtough May 31, 1987. Under this formula, cities which have been members of LMCIT the longest and which have been most successful in avoiding losses will receive proportionately greater dividends. This dividend payment is possible largely because of improved loss experience since 1985, mostly in the area of liability. doesn't seem to be any one factor that accounts for the improvement. Instead it seems likely that it is the net result of a number of factors, among them cities' efforts to control and prevent losses; LMCIT's in -house defense operation and a growing reputation among the plaintiffs' bar for being hard -nosed on claims; a mild winter; perhaps an increased reluctance by the public to file claims, recognizing the effect on premiums; and possibly tort reform legislation. This dividend demonstrates one of LMCIT's major advantages: If IMCIT charges more than what turns out to be needed, the only place the extra money can go is back to the members. We hope that continued good loss experience will make additional dividends possible in the future. 2; 227 -5G00