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cp10-23-1984 cHUTCH INSON
CITY
CALENDAR
WEEK OF
October 21 'TO October 27
1984'
WEDNESDAY
-24-
10:00 - 11 :00 A.M. -
City Staff Meeting of
Directors at City Hall
5:30 P.M. - Hospital Board
Meeting at
Hospital
SUNDAY
-21-
THURSDAY
-25-
3:30 P.M. - Nursing Home Board
Meeting at Burns
Manor
MONDAY
-22-
FRIDAY
-26-
UOMEXENGNJ:
MARLOW V. PRIEBE - Oct. 24 -26
Engineers Conference
DEAN O'BORSKY - Oct. 22 -26
International Chiefs Assoc.
Convention in Salt Lake City
TUESAY
-23-
7 :30 P.M. - City Council
Meeting at
City Hall
SATURDAY
-27-
F
r
OCTOBER 23, 1984 CITY OF HUTCHINSON ISSUE NO. 2
FRANK FAY PROJECT
There has been no movement on the Parkview (Hotel) Project. In regards to industrial
revenue bonds, Frank will be waiting until the 1985 calendar year allocation.
RECYCLING PROJECT
John Bernhagen is meeting with West Central Industries next week to start drawing materials
together for a low- interest loan application.
John will be on the November 13 Council meeting agenda for a report.
Junker Sanitation has been notified of our intent to proceed with the project and, further-
more, has been requested to respond by October 31 if he has anv objection. There has been
no response to date.
OPTION ON POLICE STATION SITE
The City Attorney and I met with Bob and Jim Wendorff regarding the option on their property.
We requested a six month option, but the Wendorffs would not go any further than three
months.
OVER 500 NOTICES FOR STREET OVERLAY PROJECTS
The cover letter that over 500 residents will receive on the 1985 overlay project is at-
tached. If you have any comments, please let me know.
MOVING 30,000 LIBRARY BOOKS
At our staff meeting we discussed that a major work activity will be the moving of the li-
brary books. Ralph Bergstrom has advised me that we should begin moving the books Thursday,
October 25. The task will be shared between the Parks and Street Departments.
VIC SWANSON HIRES ATTORNEY ON JABLINSKI FENCE SETTLEMENT - INDUSTRIAL PARK
Vic Swanson has retained Ron McGraw, and I have been requested to not install the fence.
-OVER-
i
Our insurance consultant has advised me that we should not install the fence until we re-
ceive a "release from any future claims" from both Vic Swanson and Erland Jablinski.
On Monday Ron McCraw called and stated there is no agreement among the parties and to post-
pone action on the fence.
DOWNTOWN SPRINKLER MEETINGS
George Field has scheduled the first block meeting regarding downtown sprinkling. The meet-
ing will be November 1, 7:00 P.M. at the Fire Station, and the block will be the west side
of Main between Washington Avenue West and First Avenue Northeast.
-2-
-� (�2) 587.5151 -_ •
HarcY, CITY OF HUTCHINSON
37 V.'aSH ?NG r0%, 4VENUE WFS r
M E M 0 J��
DATE: October 15th, 1984
TO: Property Owners
FROM: City Administrator . 0i
RE: Street Improvement with a Plant Mix Overlay
The streets listed in the enclosed Publication Notice No. 3330, should have a
Plant Mix Overlay.
It may appear that your street is in good condition. However, over the years,
there has been wear and tear on the street that should now be rectified to
prevent mayor re- construction in the future.
The overlay would be 3/4 inch thick and would preserve the street
approximately twenty (20) years. Again, without the overlay seal, we
anticipate the street will accelerate in the deterioration process.
The cost to preserve the street is as follows:
Total Actual Cost = $5.00 per front foot
City Contribution = -2.00 (financed by city -wide taxation)
Property Owners Net Cost = $3.00
Your cost is $3.00 per front foot. This is a relatively small investment to
make at this time. Reconstruction of the street, at today's prices, is $26.00
per front foot.
In terms of an average 70 foot lot in width, the $3.00 would amount to $210.
The City pays $140 to accomplish the task.
The City has low interest financing over 10 years. This amounts to $21.00 in
principal each year plus interest on the unpaid balance.
Please consider this overlay project as a joint investment in your street.
Thank you.
Sincerely,
CITY OF HUTCHINSON
Gary Plotz
City Administrator
GP /pv
enclosure
AGENDA
. REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 23, 1984
A. Call to Order - 7:30 P.M.
/2. Invocation - Reverend Harold E. Kelm
V3. Consideration of Minutes - Regular Meeting, of October 9, 1984 and Bid
Opening of October 12, 1984
Action - Approve as presented - Approve as amended
,/4. Routine Items
v(a) Reports of Officers, Boards and Commissions
1. Financial Renort - September 1984
2. Planning Commission Minutes dated September 18, 1984
3. Tree Board Minutes dated Sentember 26, 1984
4. Library Board Minutes dated October 8, 1984 and October 16, 1984
Xb) Consideration of Application for Snow Removal Permits
1. Jim Haasl
2. Ron Hansen
3. Douglas Peterson
4. Ronald Doring
-�c) Resolution No. 7894 - Resolution Accepting Pledged Security from
First State Federal Savings & Loan Association
Action - Motion to accept report and minutes and to issue permits and
to adopt Resolution
5. Public Hearina - 8:00 P.M.
✓(a) Subdivision Imnrovenent projects
A. Project No.
,11. Project No.
✓3. Project No.
✓4. Project No.
/5. Project No.
,/6. Project No.
Action - Motion
. Motion to waive
85 -01 -26
85 -01 -27
85 -01 -28
85 -01 -29
85 -01 -30
85 -01 -31
to close hearing - Motion to reject - Motion to approve
reading and adopt Resolution(s)
COUNCIL AGENDA • •
OCTOBER 23, 1984
6. Communications, Requests and Petitions
,/(a) Consideration of 1985 Request for Assistance At Fair Grounds
Action -
,/(b) Consideration of Request for Personnel /Transit Coordinator to Attend
Minnesota Public Transit Conference October 30, 31 and November 1,
1984
Action - Motion to approve - Motion to reject
,/(c) Presentation from Recreation Facility Building Committee On
Recommendation of Architect for Recreation Facility
Action -
v/ d) Consideration of Request to Purchase Replacement Printer for
Engineering Department
Action - Motion to reject - Motion to approve purchase
7. Resolutions and Ordinances
s
•
Ja) Resolution No. 7897 - Resolution Relating to $500,000 General .
Obligation Recreation Center Bonds, Series 1984; Authorizing the
Issuance And Calling for the Public Sale Thereof
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution
8. Unfinished Business
Aa) Consideration of Awarding Demolition Bids for West River Park
Structures (DEFERRED OCTOBER 12, 1984)
Action - Motion to reject - Motion to approve and award bids
,/(b) Discussion of Sliding Scale for Engineering and Administration Fees
Action -
,/(c) Consideration of Option On Wendorff Property At 6 North Franklin
Street
Action - Motion to reject - Motion to approve and authorize
signing contract
VJ d) Consideration of
Sealing Wells On LAWCON Grant
Project Site Prior
to Demolition of
Structures
(DEFERRED OCTOBER
9, 1984)
•
Action - Motion
to reject -
Motion to approve
2
COUNCIL AGENDA
OCTOBER 23, 1984
• ✓(e) Consideration of Request by 45 Library Square Partnership for Five
Foot Easement To Rear of Bretzke Building Facility for Protection
of Utility Meters and Maintaining Entrance (DEFERRED OCTOBER 9,
1984)
Action - Motion to reject - Motion to approve easement - Motion to
waive first reading of Ordinance and set second reading for
November 13, 1984
,(f) Consideration of Council Policy On Minute - Taking At Workshops and
Directors Meetings
Action -
9. New Business
via) Consideration of Violation of Zoning Ordinance and Old Shed At 895
Dale Street
Action -
,�b) Consideration of Transfer of Bond Issuance Authority to City of
Ortonville
. Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution and enter into Allocation Agreement
✓ic) Consideration of Appointment of PERA Interim Director
Action - Motion to adopt Resolution
✓(d) Review of Liquor License for T. L. Scalawags, Inc.
Action - Motion to reject - Motion to approve amending liquor
license
vie) Consideration of Application for Deferred Special Assessments by
George Luthens
Action - Motion to reject - Motion to approve deferred special
assessments and file with County Auditor
✓tf) Consideration of Rental Agreement Contract for Community
Development Office
Action - Motion to reject - Motion to approve and sign contract
�1(g) Consideration of Transformer Pad Installation On City Parking Lot
(Former Hazel Baseman Property)
. Action - Motion to reject - Motion to approve installation
3
COUNCIL AGENDA
OCTOBER 23, 1984
0
,/(h) Consideration of Recommendation of Library Board for Temporay •
Facilities And Six -Month Lease At Century 21 Building
Action - Motion to reject - Motion to approve lease agreement
J(i) Consideration of Ken Tenney to Install A Street Or Vacate Street
Right -Of -Way
Action -
,/(j) Consideration of Subdivision Agreement for Orchard Park First
Addition
Action - Motion to reject - Motion to approve and authorize
signing subdivision agreement
/(k) Consideration of Correspondence from Minnesota Coalition of
Outstate Cities Regarding Options On Lobbying
Action -
/1) Consideration of Conditional Use Permit Submitted by Gordon
Hedlund with favorable recommendation of Planning Commission, with
Contingency .
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7885
✓(m) Consideration of Conditional Use Permit Submitted by Kenneth
Norton with favorable recommendation of Planning Commission, with
Contingencies
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7886
/n) Consideration of Conditional Use Permit Submitted by Vicki Hoeft
with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7887
&4o) Consideration of Sign Variance Submitted by B & F Investments
(Century 21) with unfavorable recommendation of Planning
Commission
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution
(p) Consideration of Variance As Submitted by Erickson Oil Company
with favorable recommendation of Planning Commission •
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7888
4
COUNCIL AGENDA
OCTOBER 23, 1984
✓(q) Consideration of Conditional Use Permit Submitted by Paul Betker
with unfavorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution
d(r) Consideration of Final Plat for Helland's Sixth Addition with
favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7889
,Is) Consideration of Final Plat for Orchard Park First Addition with
favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7890
,(t) Consideration of Final Plat for Bethke's Rolling Greens Third
Addition with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7891
• Au) Consideration of Final Plat for Lakewood Terrace Fourth Addition
with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7892
✓iv) Consideration of Petition for Annexation As Submitted by Dennis K.
Albertson with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive
reading and adopt Resolution No. 7893
Vtw) Consideration of Request for Rezoning of Lot In David Lee Acres
Submitted to County
Action - Motion to reject - Motion to approve
✓(x) Consideration of Mac's Bluff Addition (Project No. 85- 01 -34) by
Ordering Engineer's Report, Receiving Report And Setting Hearing
Date
Action - Motion to reject - Motion to accept report and set
hearing for November 12, 1984 at 8:00 P.M. - Motion to waive
reading and adopt Resolutions No. 7895 and No. 7896
• /(y) Consideration of Watermain On Oak Street
Action - Motion to reject - Motion to approve
5
COUNCIL AGENDA
OCTOBER 23, 1984
Consideration of Sanitary Sewer Service •
Action - Motion to reject - Motion to approve
10. Miscellaneous
,/(a) Communications from City Administrator
✓ib) Communications from City Engineer
✓(c) Communications from City Attorney
11. Claims, Appropriations and Contract Payments
,/(a) Verified Claims
Action - Motion to approve and authorize payment from appropriate
funds
12. Adjournment
E
•
MINUTES
• REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, OCTOBER 9, 1984
1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow-
ing were present: Alderman Mike Carls, Alderman Marlin Torgerson, Alderman Pat
Mikulecky, and Mayor Robert H. Stearns. Absent: Alderman John Mlinar. Also
present: City Administrator Gary D. Plotz, City Engineer Marlow V. Priebe,
and City Attorney James Schaefer.
2. INVOCATION
The invocation was given by the Reverend Harold E. Kelm.
3. MINUTES
The minutes of the regular meeting of September 25, 1984 and bid openings of
September 20, 1984 and October 4, 1984 were approved as presented.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - SEPTEMBER 1984
2. NURSING HOME BOARD MINUTES DATED AUGUST 23, 1984 AND SEPTEMBER 12,
1984
3. PARKS & RECREATION BOARD MINUTES DATED SEPTEMBER 5, 1984
4. LIBRARY BOARD MINUTES DATED OCTOBER 4, 1984
(b) RESOLUTION NO. 7878 - RESOLUTION FOR PURCHASE
The motion was made by Alderman Carls, seconded by Alderman Torgerson,
to accept the report and minutes and to waive reading and adopt
Resolution No. 7878. Motion unanimously carried.
5. PUBLIC HEARING - 8:00 P.M.
(a) CONTINUED PUBLIC HEARING - CONSIDERATION OF AMENDING TAX INCREMENT
FINANCING PLAN (DISTRICT NO. 4)
The public hearing was called to order at 8 :00 P.M. Following
discussion, Alderman Torgerson moved to continue the hearing
indefinitely. The motion was seconded by Alderman Mikulecky and
carried unanimously.
1
COUNCIL MINUTES
OCTOBER 9, 1984
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF REQUEST FOR STREET LIGHT ON EAST PISHNEY LANE
Following discussion, the motion was made by Alderman Mikulecky,
seconded by Alderman Torgerson, to approve the street light and refer
the request to the Hutchinson Utilities. Motion unanimously carried.
(b) CONSIDERATION OF, REQUEST FOR PARKS AND RECREATION DIRECTOR TO ATTEND
ANNUAL MINNESOTA RECREATION & PARK ASSOCIATION CONFERENCE NOVEMBER 28-
30, 1984
After discussion, Alderman Torgerson moved to approve attendance at the
conference. Motion seconded by Alderman Carls and carried unanimously.
(c) COMMUNICATION FROM MR. & MRS. LEE CHENEY REGARDING CUTTING GRASS ON
CITY PROPERTY
Following discussion, it was moved by Alderman Carls, seconded by
Alderman Torgerson, to approve payment of $30 to Mr. & Mrs. Lee Cheney.
Motion unanimously carried.
7. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 7879 - RESOLUTION CHANGING NAME OF HUTCHINSON MUNICIPAL
AIRPORT
It was moved by Alderman Torgerson to waive reading and adopt
Resolution No. 7879. Alderman Mikulecky seconded the motion, and it
carried unanimously.
(b) RESOLUTION NO. 7881 - RESOLUTION ACCEPTING $62,500 FROM HUTCHINSON
UTILITIES COMMISSION
The motion was made by Alderman Carls, seconded by Alderman Torgerson,
to waive reading and adopt Resolutin No. 7881. Motion unanimously
carried.
(c) RESOLUTION NO. 7882 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM FIRST
STATE FEDERAL SAVINGS & LOAN ASSOCIATION
Alderman Torgerson made the motion to waive reading and adopt
Resolution No. 7882. Motion seconded by Alderman Mikulecky and carried
unanimously.
(d) ORDINANCE NO. 21/84 - 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
It was moved by Alderman Carls, seconded by Alderman Torgerson, to
2
COUNCIL MINUTES
OCTOBER 9, 1984
waive the second reading and adopt Ordinance No. 699. Motion
unanimously carried.
(e) ORDINANCE NO. 22/84 - AN ORDINANCE AMENDING ORDINANCE NO. 464
CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE
OFFICIAL ZONING MAP
The motion was made by Alderman Torgerson to waive the second reading
and adopt Ordinance No. 700. Alderman Mikulecky seconded the motion,
and it carried unanimously.
(f) ORDINANCE NO. 23/84 - ORDINANCE AMENDING SECTION 235:05 OF THE 1974
ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED HOSPITAL BOARD
RELATING TO APPOINTMENTS AND TERMS
Alderman Carls moved to waive second reading and adopt Ordinance No.
701. The motion was seconded by Alderman Torgerson and unanimously
carried.
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF AWARDING BID FOR LIBRARY ADDITION
(DEFERRED OCTOBER 4, 1984)
. Following discussion, it was moved by Alderman Torgerson to accept the
recommendation from the Library Board and Architect John Korngiebel and
to award the bids to: E. J. Pinske Builders, Inc. at $410,582 (alter-
nate 2) for general work; Krasen Plumbing & Heating at $114,795 for
mechanical work; and McNerney Industries at $56,000 for electrical
work. Alderman Mikulecky seconded the motion and it carried unanimous-
ly.
(b) CONSIDERATION OF CITY PURCHASING PROPERTY AT 6 NORTH FRANKLIN STREET
After discussion, Alderman Torgerson moved to authorize the City Admin-
istrator to negotiate an option with the Wendorffs for purchase of the
property at 6 North Franklin Street. The motion was seconded by Alder-
man Carls and unanimously carried.
(c) CONSIDERATION OF REJECTING TWO BIDS RECEIVED SEPTEMBER 20, 1984 FOR
DEMOLITION OF WEST RIVER PARK STRUCTURES
Following discussion, the motion was made by Alderman Carls, seconded
by Alderman Torgerson, to reject the two bids. Motion carried unani-
mously.
(d) DISCUSSION OF 1985 IMPROVEMENT PROJECTS FOR LYNDALE AVENUE AND PROJECT
NO. 85 -01 -24 (DEFERRED SEPTEMBER 25, 1984)
After discussion, it was moved by Alderman Carls to set a hearing date
of November 13, 1984 at 8:00 P.M. for Project No. 85- 01 -24, to include
Lyndale Avenue, and to waive reading and adopt Resolution No. 7884.
3
COUNCIL MINUTES • •
OCTOBER 9, 1984
The motion was seconded by Alderman Torgerson and unanimously carried.
(e) CONSIDERATION OF MERIT INCREASE FOR HOURLY AND SALARIED EMPLOYEES
(DEFERRED SEPTEMBER 25, 1984)
Following discussion, the motion was made by Alderman Carls to approve
the recommendations of merit increases for hourly employees, including
the Police Chief's recommendation for secretary, and excluding the
recommendation for Assistant to the Engineer. Alderman Torgerson
seconded the motion. After further discussion, Alderman Carls amended
his motion to eliminate the recommendation for three full -time liquor
store clerks. The amended motion was seconded by Alderman Torgerson
and unanimously carried. The motion carried unanimously.
Alderman Mikulecky moved to reject merit increases for salaried
employees. Alderman Carls seconded the motion, and it carried, with
Aldermen Carls, Torgerson and Mikulecky voting aye and Mayor Stearns
voting nay.
(f) CONSIDERATION OF SEALING WELLS ON LAWCON GRANT PROJECT SITE PRIOR TO
DEMOLITION OF STRUCTURES (DEFERRED SEPTEMBER 25, 1984)
After discussion, Alderman Torgerson moved to table the item to the
next Council meeting for a report from the City Engineer. The motion
was seconded by Alderman Carls and unanimously carried.
9. NEW BUSINESS
(a) CONSIDERATION OF AUTHORIZATION TO PROCEED WITH CHAPTER 429 PROCESS FOR
INSTALLATION OF SIDEWALK, CURB AND GUTTER, AND SURFACING ALONG HASSAN
AVENUE BETWEEN WASHINGTON AVENUE EAST AND FIRST AVENUE S.E. ADJACENT TO
LIBRARY (PRESENTATION BY JOHN KORNGIEBEL)
Following discussion, the motion was made by Alderman Torgerson,
seconded by Alderman Carls, to defer action to the next City Council
meeting. Motion carried unanimously.
(b) CONSIDERATION OF REQUEST BY 45 LIBRARY SQUARE PARTNERSHIP FOR FIVE FOOT
EASEMENT TO REAR OF BRETZKE BUILDING FACILITY FOR PROTECTION OF UTILITY
METERS AND MAINTAINING ENTRANCE
After discussion, Alderman Carls moved to defer the item to the next
Council meeting. Motion seconded by Alderman Mikulecky and unanimously
carried.
(c) CONSIDERATION OF AUTHORIZING PREPARATION OF DOCUMENTS AUTHORIZING SALE
OF $500,000 IN GENERAL OBLIGATION BONDS FOR RECREATION BUILDING AND
POOL PROJECT
Alderman Mikulecky made the motion to approve the sale and authorize
preparation of documents for a bond bid opening date of November 13,
1984. Alderman Torgerson seconded the motion, and it carried
unanimously.
4
i
COUNCIL MINUTES • •
OCTOBER 9, 1984
(d) CONSIDERATION OF ACCEPTING 1984 CITY AUDIT PROPOSAL FROM CHARLES BAILLY
& COMPANY
Alderman Torgerson moved to approve the audit proposal from Charles
Bailly & Company. Motion seconded by Alderman Carls and unanimously
carried.
(e) CONSIDERATION OF REFUNDING BUILDING PERMIT FEE TO LARRY ASHWILL
Following discussion, the motion was made by Alderman Mikulecky,
seconded by Alderman Carls, to approve the refund to Larry Ashwill.
Motion carried unanimously.
(f) CONSIDERATION OF OFFER BY LEONARD GORES TO PURCHASE WEST RIVER PARK
STRUCTURE
After discussion, Alderman Carls moved to reject the offer of purchase
from Leonard Gores. The motion was seconded by Alderman Mikulecky and
unanimously carried.
(g) CONSIDERATION OF RESOLUTION TO ALLOW RECYCLING WITHIN CITY OF
HUTCHINSON
• Following discussion, the motion was made by Alderman Torgerson,
seconded by Alderman Carls, to approve recycling within the City of
Hutchinson and to waive reading and adopt Resolution No. 7880. Motion
carried unanimously.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reported the need to purchase a new snow plow.
Funding would come from the contingency fund ($600) and from the sale
of an old western plow (approximately $500).
Alderman Carls moved to approve the purchase of a new snow plow. The
motion was seconded by Alderman Mikulecky and unanimously carried.
Administrator Plotz reviewed some of the informational items in the
Council packet, including a Resolution to authorize the issuance of a
$600,000 industrial development revenue note to Ag Systems. Alderman
Carls made the motion to approve and to waive reading and adopt Resolu-
tion No. 7883. The motion was seconded by Alderman Torgerson and
unanimously carried.
(b) COMMUNICATIONS FROM DIRECTOR OF
Director Priebe made reference to a subdivision agreement for Orchard
• Park First Addition which will be formally approved at the next Council
meeting. He also reported on the ground storage reservoir at the water
treatment plant.
I
COUNCIL MINUTES
OCTOBER 9, 1984
(c) COMMUNICATIONS FROM ALDERMAN MIKE CARLS
Alderman Carls commented on the employee evaluations and stated he
thought the Directors should be allowed to evaluate the City
Administrator, using the same evaluation process method.
(d) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS
Mayor Stearns commented on the memorandum prepared by the City Attorney
regarding the open meeting law and taking of minutes. He requested
this issue be placed on the October 23, 1984 Council agenda for deter-
mination of what policy the Council will adopt.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Torgerson, seconded by Alderman
Mikulecky and carried unanimously, to approve the claims and authorize
payment from the appropriate funds.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 9:10 P.M.
0
•
Ll
MINUTES
BID OPENING
FRIDAY, OCTOBER 12, 1984
The bid opening was
called to
order by City
Administrator Plotz at
2:00 P.M. The
following
were present:
City Administrator
(:* D. Plotz and Administrative
Secretary Marilyn Swanson.
The reading of Publication
No.
3319, Advertisement for
Demolition
Bids, was given
by Administrator Plotz.
The following
bids were received
and opened:
(a)
(b)
427 1st
447 1st
515 1st
515 1st
613 2nd
623 2nd
645 2nd
679 2nd
Ave. SE
Ave. SE
Ave. SE
Ave. SE
Ave. SE
Ave. SE
Ave. SE
Ave. SE
45 Erie
Erickson 6 Templin
$2,475
$1,835
$1,870
$1,270
$2,850
$1,835
$1,580
$1,850
$1,950
Hutchinson, MN
Juul. Contracting
2,516
2,041
2,070
1,374
3,075
2,117
1,795
1,992
1,374
Hutchinson, MN
Don Rettman Const.
2,120
1,400
1,800
1,100
2,100
1,980
1,350
2,150
2,100
Darwin, MN
ncQrson Earth-
3,400
3,400
--
3,400
1,700
3,400
3,400
3,400
3,400
movers Inc.
Litchfield, MN
The bids were referred to the City Engineer for review and a recommendation to the City Council for their October 23, 1984
meeting.
There being no further business, the bid opening adjourned at 2:20 P.M.
0 9 0 '3,
r�
1599.70
24191.23
28366.00
4174.77
0.85
'•
•
7625.95
85384.62
108808.00
23423.38
0.78
SEPT.
CITY OF HUTCHINSON FINANCIAL REPORT - 1984
SEPT.
REVENUE REPORT - GENERAL FUND
SEPT. YEAR TO
ADOPTED
BALANCE
PERCENTAGE
.
ACTUAL DATE ACTUAL
BUDGET
REMAINING
USED
TAXES
0.00
455053.61
1103339.00
648285.39
0.41
LICENSES
6300.00
16348.25
15050.00
- 1298.25
1.09
PERMITS AND FEES
8442.26
74596.33
38800.00
- 35796.33
1.92
INTER - GOVERNMENT REVENUE
187250.78
587231.38
905083.00
317851.62
0.65
CHARGES FOR SERVICES
19079.00
217916.50
349111.00
131194.50
0.62
FINES & FORFEITS
2174.27
20846.84
23000.00
2153.16
0.91
MISCELLANEOUS REVENUE
14783.98
142582.17
176915.00
34332.83
0.81
CONTRIBUTIONS FROM OTHER FUNDS
0.00
167510.92
423000.00
255489.08
0.40
REVENUE FOR OTHER AGENCIES
- 3644.48
144.62
200.00
55.38
0.72
TOTAL
234385.81
1682230.62
3034498.00
1352267.38
0.55
EXPENSE REPORT
GENERAL FUND
MAYOR & COUNCIL
1599.70
24191.23
28366.00
4174.77
0.85
CITY ADM. /CITY CLERK
7625.95
85384.62
108808.00
23423.38
0.78
ELECTIONS
2039.03
3625.30
13950.00
10324.70
0.26
FINANCE
9941.18
125376.41
165188.00
39811.59
0.76
MOTOR VEHICLE
4300.80
46200.28
62301.00
16100.72
0.74
ASSESSING
0.00
0.00
18164.00
18164.00
0.00
LEGAL
1925.00
25557.75
30033.00
4475.25
0.85
PLANNING
205.92
1055.54
3275.00
2219.46
0.32
WITY HALL
2835.56
33704.30
44279.00
10574.70
0.76
POLICE DEPARTMENT
46999.25
476346.02
591254.00
114907.98
0.81
FIRE DEPARTMENT
7040.55
44168.95
69205.00
25036.05
0.64
COMMUNITY SERVICE OFFICER
2471.43
22023.24
32359.00
10335.76
0.68
PROTECTIVE INSPECTIONS
3088.00
33492.30
57238.00
23745.70
0.59
CIVIL DEFENSE
25.25
402.85
1075.00
672.15
0.37
SAFETY COUNCIL
0.00
0.00
150.00
150.00
0.00
FIRE MARSHALL
2354.49
26966.80
43035.00
16068.20
0.63
ENGINEERING
9832.61
115707.95
153064.00
37356.05
0.76
STREETS & ALLEYS
21649.79
250176.12
324850.00
74673.88
0.77
STREET MAINTENANCE A/C
6773.14
53059.03
69700.00
16640.97
0.76
LIBRARY
12007.25
50457.83
56494.00
6036.17
0.89
SENIOR CITIZEN CENTER
4816.09
33140.76
29732.00
- 3408.76
1.11
PARK /REC. ADMIN.
4801.74
47572.90
57617.00
10044.10
0.83
RECREATION
4640.69
70406.64
82085.00
11678.36
0.86
CIVIC ARENA
7752.16
98280.82
120730.00
22449.18
0.81
PARK DEPARTMENT
22428.14
266174.66
280551.00
14376.34
0.95
CEMETERY
2202.92
27060.08
37859.00
10798.92
0.71
COMMUNITY DEVELOPMENT
582.98
13364.00
14650.00
1286.00
0.91
LAWCON
5170.11
124919.53
67124.00
- 57795.53
1.86
DEBT SERVICE
0.00
92073.35
101643.00
9569.65
0.91
AIRPORT
- 9516.12
39619.84
61425.00
21805.16
0.65
TRANSIT
3917.33
51655.91
72394.00
20738.09
0.71
UNALLOCATED
5773.56
111888.02
235900.00
124011.98
0.47
`TOTAL
195284.50
2394053.03
3034498.00
640444.97
0.79
REVENUE REPORT - WATER
SEWER /FUND
FEDERAL GRANTS
983.00
29969.00
0.00
- 29969.00
0.00
WATER SALES
45364.07
330085.43
424600.00
94514.57
0.78
WATER METER SALES
686.00
4377.25
5000.00
622.75
SEPT.
REFUSE SERVICES
CITY OF HUTCHINSON FINANCIAL
REPORT
- 1984
SEPT.
0.78
SEWER SERVICES
61451.80
ENTERPRISE
FUNDS
69657.36
0.87
PENALTY CHARGES
.
REVENUE REPORT -
LIQUOR FUND
SEPT. YEAR TO
ADOPTED
BALANCE
PERCENTAGE
15284.75
40000.00
24715.25
ACTUAL
DATE ACTUAL
BUDGET
REMAINING
USED
- 3675.00
LIQUOR SALES
OTHER
28902.75
257221.69
476100.00
218878.31
0.54
TOTAL
WINE SALES
1017034.28
8273.13
74733.90
121900.00
47166.10
0.61
BEER SALES
44857.25
445319.45
552000.00
106680.55
0.81
BEER DEPOSITS
OPERATIONS
- 231.27
- 654.20
0.00
654.20
0.42
WATER
MISC. SALES
193675.93
1578.17
16092.86
0.00
- 16092.86
27632.89
301727.05
INTEREST
- 109027.05
548.54
4045.73
122445.57
956109.36
1394969.00
438859.64
CASH DISCOUNTS
- 164.20
- 1429.26
0.00
1429.26
TOTAL
83764.37
795330.17
1150000.00
354669.83
0.69
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
8624.43
98898.52
121070.00
22171.48
0.82
SUPPLIES, REPAIR
& MAINTENANCE
65.70
2127.24
4400.00
2272.76
0.48
OTHER SERVICES &
CHARGES
77.35
14843.04
23800.00
8956.96
0.62
MISCELLANEOUS
818.72
1382.77
9050.00
7667.23
0.15
CAPITAL OUTLAY
5368.68
16000.00
10631.32
0.00
DEBT SERVICE
0.00
5110.00
5110.00
0.00
TRANSFERS
20000.00
60000.00
110000.00
50000.00
0.55
COST OF SALES
55149.97
606585.61
866850.00
260264.39
0.70
•
OTHER
0.00
0.00
16200.00
16200.00
0.00
TOTAL
84736.17
789205.86
1172480.00
383274.14
0.67
REVENUE REPORT - WATER
SEWER /FUND
FEDERAL GRANTS
983.00
29969.00
0.00
- 29969.00
0.00
WATER SALES
45364.07
330085.43
424600.00
94514.57
0.78
WATER METER SALES
686.00
4377.25
5000.00
622.75
0.88
REFUSE SERVICES
22232.28
173648.45
222000.00
48351.55
0.78
SEWER SERVICES
61451.80
453342.64
523000.00
69657.36
0.87
PENALTY CHARGES
699.64
5729.26
0.00
- 5729.26
0.00
INTEREST EARNED
0.00
15284.75
40000.00
24715.25
0.38
REFUNDS & REIMBURSEMENTS
0.00
3675.00
0.00
- 3675.00
0.00
OTHER
30.00
922.50
5000.00
4077.50
0.18
TOTAL
131446.79
1017034.28
1219600.00
202565.72
0.83
EXPENSE REPORT - WATER
SEWER /FUND
OPERATIONS
76391.71
460706.38
1100919.00
640212.62
0.42
WATER
18420.97
193675.93
101350.00
- 92325.93
1.91
• SEWER
27632.89
301727.05
192700.00
- 109027.05
1.57
TOTAL
122445.57
956109.36
1394969.00
438859.64
0.69
. 1. CALL TO ORDER
•
• MINUTES •
HUTCHINSON PLANNING COMMISSION
Tuesday, September 18, 1984
The regular meeting of the Hutchinson Planning Commission was called
to order by Chairman Larry Romo at 7:30 P.M., with the following members
present: Marlin Torgerson, Roland Ebent, Don Erickson, Tom Lyke, Shu-
Mei Hwang, and Chairman Romo. Absent: Elsa Young. Also present: City
Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe
and City Attorney James Schaefer.
2. MINUTES
The minutes of the regular meeting dated August 21, 1984, were approved
as presented on a motion by Mr. Erickson. Seconded by Dr. Lyke, the
motion carried unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY QUINTIN GRUIS
Chairman Romo opened the hearing at 7:32 pm. with the reading of
Publication 93307 as published in the Hutchinson Leader on
Thursday, September 6, 1984.
The request is for a conditional use permit to allow the operation
of a boarding house for the elderly on the property located at 125
Water Street.
Following discussion, Mr. Erickson made a motion to close the
hearing. Seconded by Mr. Torgerson, the motion carried unanimously
and the hearing was closed at 7:36 p.m. Mr. Ebent made a motion to
recommend to City Council approval of the conditional use permit as
requested subject to required State licensing and building and fire
inspection. Seconded by Mr. Torgerson, the motion carried
unanimously.
(b) CONSIDERATION OF VARIANCE AS SUBMITTED BY HARVEY KEMPER
Chairman Romo opened the hearing at 7:36 pm. with the reading of
publication 93306 as published in the Hutchinson Leader on
Thursday, September 6, 1984. The request is for a variance to
allow a shed to be placed 2' from the sideyard line on the property
located at 637 Bluff Street.
Mr. Harvey Kemper was present to explain the request. The shed was
formerly located on City property adjacent to Mr. Kemper's
property. In a written statement to the Planning Commission, Mr.
Kemper stated tree removal, contour of the land and the need for
room for a future driveway as reasons for not meeting the 6'
setback requirement.
Planning Commission•nutes •
9/18/84
Mr. Mark Guggemos, who recently purchased the property adjoining
Mr. Kemper's from the City, was present. He stated that his main •
objection was that no official survey of the property had been made
and he wondered how Mr. Kemper could accurately place the building
2' from the property line without a survey. Director Priebe noted
that a further permit for moving and placement of the shed would be
necessary and a survey would then be required.
After further discussion, Mr. Torgerson made a motion to close the
hearing. Seconded by Mr. Ebent, the motion carried unanimously and
the hearing was closed at 7:48 p.m. Mr. Torgerson made a motion to
recommend to City Council approval of the variance as requested
contingent upon parcel survey being made. Seconded by Mr. Hwang,
the motion carried unanimously.
(c) CONSIDERATION OF PRELIMINARY PLAT OF "HELLAND'S SIXTH ADDITION"
Chairman Romo opened the hearing at 7:49 pm. with the reading of
publication #3308 as published in the Hutchinson Leader on
Thursday, September 6, 1984. The request is for the platting of a
parcel of land to be known as HELLAND'S SIXTH ADDITION.
Mr. William Helland was present to state that he felt development
of the area was going as planned and he hoped for it to continue.
Director Priebe explained the overall plan in regard to layout and
services.
Mr. Torgerson made a motion to close the hearing. Seconded by Mr.
Erickson, the motion carried unanimously and the hearing was closed
at 7 :51 P.M. Mr. Torgerson made a motion to recommend to City
Council approval of the preliminary plat as submitted. Seconded by
Mr. Erickson, the motion 'carried unanimously.
(d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "CALIFORNIA SECOND
ADDITION
Chairman Romo opened the hearing at 7 :52 p.m. with the reading of
publication #3309 as published in the Hutchinson Leader on
Thursday, September 6, 1984. The request is for the replatting of
Lots 1 -6, Block 3, California Addition to 11 smaller lots to be
known as CALIFORNIA SECOND ADDITION.
Director Priebe was present to explain the request. He noted that
an application to rezone the newly platted area from R -3 to R -4 to
allowed "manufactured homes" had also been submitted.
After discussion, Mr. Erickson made a motion to close the hearing.
Seconded by Mr. Torgerson, the motion carried unanimously and the
hearing was closed at 7:55 pm. Mr. Erickson made a motion to
recommend to City Council approval of the preliminary and final
plat as submitted. Seconded by Mr. Hwang, the motion carried
unanimously. •
w
2
Planning Commission *ute9
9/18/84
(e) CONSIDERATION OF REQUEST FOR AMENDMENT TO THE ZONING ORDINANCE
. (MAP) AS SUBMITTED BY JOHN MILLER
Chairman Romo opened the hearing at 7:55 p.m. with the reading of
publication 03310 as published in the Hutchinson Leader on
Thursday, September 6, 1984. The request is to rezone Lots 1 -6,
Block 3, CALIFORNIA ADDITION from R -3 to R -4 to allow the placement
of "manufactured homes" on the lots.
After discussion, Mr. Torgerson made a motion to close the hearing
at 8 :00 p.m. Seconded by Mr. Hwang, the motion carried
unanimously. Mr. Torgerson made a motion to recommend to City
Council approval of the request to rezone as submitted. Seconded
by Mr. Erickson, the motion carried unanimously.
(f) CONSIDERATION OF PRELIMINARY PLAT OF "LAKEWOOD TERRACE FOURTH
ADDITION"
Chairman Romo opened the hearing at 8 :01 p.m. with the reading of
publication 03311 as published in the Hutchinson Leader on
Thursday, September 6, 1984. The request is for the platting of 16
lots to be known as LAKEWOOD TERRACE FOURTH ADDITION.
Director Priebe explained the layout submitted as well as the
overall plan for the area.
. After discussion, Mr. Ebent made a motion to close the hearing.
The motion was seconded by Mr. Hwang and discussion followed. Dr.
Lyke, representing the Hutchinson Utilities Commission commented
that they would like an understanding that when it is requested
that lines be moved, the cost will be the property owner's
responsibility. Director Priebe noted it could be part of the
subdivision agreement. The motion to close the hearing then
carried unanimously.
Mr. Ebent made a motion to recommend to City Council approval of
the preliminary plat as submitted, with the stipulation that owners
will be required to pay for the cost of moving any utility lines
when there are no easements given. Seconded by Dr. Lyke, the
motion carried unanimously.
(g) CONSIDERATION OF VARIANCE SUBMITTED BY ERLAND JABLINSKI
Chairman Romo opened the hearing at 8:10 pm. with the reading of
publication 03312 as published in the Hutchinson Leader on
Thursday, September 6, 1984. The request is for a 32' variance to
allow the construction of a mini - warehouse 18' from the rearyard
property line on the property located on Michigan Street.
Director Priebe explained that Mr. Jablinski had been given a
building permit for the mini - warehouse. At the time, staff did not
realize that it did not meet the required 50' setback. The error
was not discovered until Mr. Jablinski had poured a concrete
floating slab for the building. At that time Mr. Jablinski was
instructed to stop building and apply for a variance.
3
Planning Commission �utes
9/18/84
r7
U
Mr. Jablinski was present to state that he had expected to have the
building up by this time and he already had renters for the •
building. Besides his investment already in the slab, he was also
losing rent money. When questioned about the room between the
buildings (there are mini - storage buildings already on the
property), Mr. Jablinski responded that he did not want the cars to
be able to back up to the building, but have to drive along side.
He noted that if they were to drive around the building, the 18'
would provide enough room.
Mr. Vic Swanson, adjoining property owner, was present. He stated
that there were those interested in his property that would
also like to put their business as close to the back line as
possible. He later stated that if a chain -link fence was required
on the west line, he would be in agreement with the variance.
When asked if he intended to put in any more buildings, Mr.
Jablinski responded that he could put in one smaller building.
Mr. Jablinski was asked how he would have proceeded without the
variance. He responded he would have had to build a two level
building because of the elevation of the land. Other comments:
The slab is a 24' by 70' floating slab, 4" thick, reinforced around
the perimeter -- not suitable for a driveway. Mr. Jablinski stated
he couldn't afford additional land. This type of use normally
wouldn't require 50' ... the 50' setback was intended for more •
industrial types of businesses. Had the building not already been
started, it was the consensus of the Planning Commission that the
variance would not have been granted.
Mr. Torgerson made a motion to close the hearing. Seconded by Mr.
Erickson, the motion carried unanimously. Mr. Torgerson made a
motion to recommend to City Council approval of the variance with
the stipulation that a chain -link fence be put up on the west line,
noting this should not set a precedent but that it was granted
because of unusual circumstances by staff error. The motion was
seconded by Mr. Erickson. Discussion followed. Mr. Torgerson
amended the motion to include that the City stand the cost of the
chain link fence. The amendment was seconded by Mr. Erickson. The
amended motion failed with Mr. Erickson, and Mr. Torgerson and
Chairman Homo voting "yes" and Mr. Hwang, Dr. Lyke and Mr. Ebent
voting "no."
Mr. Erickson made a motion to deny the variance understanding the
liability the City has to the property owner as to relocation and
rental losses. Seconded by Dr. Lyke, the motion carried
unanimously.
4. Old Business
(a) CONSIDERATION OF FINAL PLAT OF HANSON'S SUBDIVISION OF PETERSON
ESTATES (WITHIN TWO MILE RADIUS)
Mr. Dennis Kahl, representing the owners of the property to be
4
Planning Commission •nutes
9/18/84
0
platted, submitted written approval of the final plat by the Hassan
Valley Town Hoard. There were were no changes from the previously
. approved sketch plan and preliminary plat. Mr. Torgerson made a
motion to recommend to City Council approval of the final plat as
submitted. Seconded by Mr. Hwang, the motion carried unanimously.
(b) CONSIDERATION OF FINAL PLAT OF DAVID LEE ACRES (WITHIN TWO MILE
RADIUS)
The preliminary plat of DAVID LEE ACRES was recommended for
approval by the City with the stipulation that the land remain
residential /agricultural zoning, and that access to Lot 2 and the
plat itself be approved by the State Highway Department. Mr. Jim
Reid presented a permit from the State Highway Department allowing
Mr. Reid to widen the driveway (access to Lot 2) and stated that
Mr. K.E. Novotny of that department confirms their approval of the
plat. Mr. Reid also submitted a statement from the Hutchinson Town
Board stating their approval of the final plat.
Mr. Tom Sharstrom and Mr. Tom Compton were present to ask the
Planning Commission to reconsider their stipulation that the
property must remain agrigultural or residential. Mr. Sharstrom
had received a building permit from the Hutchinson Township Board
to allow the construction of a plumbing business on one of the lots
to be platted. They will be asking the County to rezone the front
portion of Lot 2 to allow commerical use.
. After discussion, Dr. Lyke made a motion to recommend to City
Council approval of the final plat with the stipulation that it
remain agricultural or residential, noting that the recommended
zoning is in concert with the City's Comprehensive Plan. Seconded
by Mr. Erickson, the motion carried unanimously.
(c) CITY REQUESTED ANNEXATIONS
Director Priebe explained that the City received a letter from the
State Municipal Board acknowledging the city's request to annex
road right of ways. The roadway that is surrounded by 60% of the
City could be annexed by ordinance. Director Priebe recommended
proceeding with that annexation. The second request is not
surrounded by 60% City and would require a hearing by the Municipal
Board and an annexation election by the City. Director Priebe
recommended that this request be dropped at his time.
5. New Business
None.
6. Adjournment
There being no further business, Mr. Ebent made a motion to adjourn the
meeting. Seconded by Mr. Hwang, the motion carried unanimously and the
meeting was adjourned at 9;25 p.m.
V
0 0
TREE BOARD MEETING
September 26, 1984
• Minutes
Members Present: Roy Johnsen, Jerry Brown, Pat Mikulecky, also present
Mark Schnobrich
Members Absent: Ivan Larson, Don Schumacher
DED Update
Mark reported 357 elm trees had been tagged for removal thus far this
year as compared with 166 in 1983. The disease rate has increased
for the first time since 1981.
Budget
The budget was approved by the City Council September 25th with increase
being in the wages, temporary employee, and chemical and products, line
items. A request for two new saws for 1985 was accepted by the council.
An amount of $16,480 which doesn't include Foresters salary or one
Parks Department hourly full time person, was the official budget for
the 1985 Forestry season.
Fall Planting
. Jerry Brown recommended that Mark buy and plant this fall, the trees
for the Lutheran Brotherhood Insurance Company. In 1984, Lutheran
Brotherhood of Hutchinson donated $900 for the purpose of planting trees
on all church properties of the Lutheran Faith. These trees will reside
on city boulevard surrounding these churches.
Logis Computer Tree Inventory
Mark proposed to the board the adaptation of a computer tree inventory
to the cities present Logis computer system.
Currently St. Louis Park is undergoing a Logis Tree Inventory which
Hutchinson would resemble very closely. Some of the benefits of a
computerized inventory were discussed. Mark was instructed to present a
more formal description at next months board meeting.
Ordinance Review
Tabled until next meeting.
Meeting Adjourned at 6:35 p.m.
i
Respectfully submitted,
4 -a. (-�)
0
1]
0
0
October 8. 1984
The library board met on October 8, 1964, with the following members
presents galph Bergstrom, Albert Linde, John Horrocks, Elaine Clay,
Paul Ackland, K. McGraw
Also attending: John Korngiebel
The minutes of the previous sooting were read and approved.
John Korngiebel recommended to the Board the following:
1. that alternate 1.(Which specifies the removal of the 2 cubicles on
the west side of the Library, next to the main entrances, be re-
moved at the cost of $535.00 and replaced on the south and north
sides of the entrances) be accepted. Motion was made by Paul Ackland
and seconded by John Horrocks. The vote passed 4 -2 (nay - -K. McGraw
and Albert Linde)
2. John Korngiebel recommended we accept the bids listed below:
General E. J. Pinske with the low bid of $441,000 (with the deduction
of $30,418 with alternate 2 and of $535.00 for cubicle re-
moval). Motion by P. Ackland and seconded by J. Horrocks. Passed.
Mechanical Krasen of Hutchinson of $114, 795. Motion by J. Horrocks
and seconded by Elaine Clay. Passed.
Electrical- McNerney of Dayton, Mn. of $56,000. Motion by Albert Linde
and seconded by P. Ackland. Passed.
Discussion followed regarding the $30,000 sidewalk program, the $72,000 for
furniture and any "icing" that might have to be changed. (Electrical- -
lighting fixtures and in 'General, J. Korngiebel has estimated blinds at $4,500
could be reduced.
Motion was made by Paul Ackland and seconded by .Albert Linde to accept
Kathleen McGraw as replacement for resigning Secretary, Sally Cone.
Secretary
Consideration for replacement of Sally Cone will be decided at next meeting.
After adjournment, Board members were to go to Century 21 (old Yetzer Building)
for possible site for temporary location of Library.
Motion was made by P. Ackland and seconded by Elaine Clay to adjourn at 11:00 a.m.
L
October 16, 1984
The library board met on October 16, 1984, with the following members
present:
Ralph Bergstrom, John Horrocks, Albert Linde, Paul Ackland, Sue O'Brien,
Gina Iverson - Barb Whittenberg and John Mlinar.
The minutes of the previous meeting were read and approved.
Motion was made by Paul Ackland and seconded by John Horrocks to accept
the nomination of Terri %ilertson to replace Sally Cone on the Board.
Motion carried.
Motion was made by Paul Ackland and seconded by Albert Linde to cloxe
the nominations. Motion carried.
John Korngiebel informed the Board of the most recent details regarding
the beginning of construction of addition. Contractor had questions of
insurance coverage.
Ralph Bergstrom reviewed possibilities of temporary location for library
and books.
1. Allen Office Supply Bldg. - 1,400 sq. ft.
2. Yetzer Bldg. - $1824 per mo. - 3,468 sq. ft. •
3. Korngiebel Bldg. - 1,000 sq. ft.
Kathy McGraw made motion to act on negotiation for Century 21 ( Yetzer
Bldg.) space - $....? 2,000 sq. ft.). Motion seconded by John Horrocks.
Motion carried. Ralph Bergstrom, John Horrocks and Paul Ackland volun-
teered to go to the Century 21 Bldg., Wed., Oct. 16, at 9:00 to meet
with Larry Frazer regarding temnorary location.
Motion was made by Gena Iverson and seconded by =au1 Ackland to adjourn
at 5:45. Motion carried.
Secretary
n
Ll -%re)
A F, 1" L F;C N 1-40-;i -- ,1\ ''teal �1 - - -.r
----0---------
To the .......CITY COUN
.. -CITYC0LJNC1L .............. .. .................. ................................. .......
of the - ...... QUY . ..... . .... . ............................ of. HUTCHINSON
• MC LEOD ........... - ................. .. .......... I ............... ......... the County of
State I Minnesota:
The undersigned owner whose =reu is . . ..... .................... ....... ...... ..
PLOW AND
....... .................... Q ........ hereby applies for a permit to..............._...... ....
REMOVE SNOW WITH
........................
upon that certain tract of land described as follows: Lot....._._ ........ -- - ................ --; Block.........
plator addition. .................. ... .. .... .. .. .... ........ ; address. ......................_........ .... ... ...
which is of the following size and area; width.... -...._ .... . ... .. ... - ....... - feet; length_....... .......... - ...... . . feet;
WITHIN... THE ...C.I.TY.. ...L.I. M . I ..TS .................................... .... ............... ..... .............................. ......... ............... . ............. . ...... .. ...
and hereby agreed that, in case such permit 4 granted, that all work which shall be done and all
materials which shall be used shall comply with the plans and specifications therefor herewith submitted
and with all the ordinances of said . . ...... CITY .... O.FYUT.01.I�NST ......................... - .......................... ..... ....
applicable thereto.
.applicant further agrees to pay fees or assessments at the time and in the amounts specified a;
follows:
$1.00
............................ ............................................... - ------------- --- - -- --------- - ------------ - -------------- - ----------------- -- ---------- -------------- .............. .........
11
............ -- .. ... -- ....... - ...... - ............... ........... . ..... - ............. ......... -1- ........ ...... -11 - .. .. ..
RIM", I M
1// -,)/ -I
APPLICATION FOR s"OK REMOVAL P- 11LNUT
To the....... CITY COUNCIL •
......................................_ .................................. _ ............. _ _ ..... ............................... _ .... ... _ ..... ....... _ ............. ...... .........
of the ....... .._.0 TY .......... ............................ ................. of..__HgCHINSON
......... ........................_..._.. ..in the County of
T....MC_LEOo......__.... ... . _.. -- ................ ...._, State of cnncsota:
!!he undersigned owner whose address is -.-........._........_..._ ..............._.._... .........._...._..._......._... _...
1.. -uL -� - ...... ....... A 1 /9f...... .her applies or a PLOW AND
_..... hereby PP f permit to. ...... ......................
REMOVE SNOW .WITH
........ ....
upon that certain tract of land described as follows: Lot_ ............... ............._................; Block ......... .......... ..... _ .......... .. ._. ;
plator addition .............................................................. .. ... ...................... .; address ....................................................................... _.............. ...;
which is of the following size and area; width.................................. _............... eet; Zength .... . ............_......_..- ..__.... feet;
area ....... WITHIN THE CITY LIMITS
_.. ... ._ _............................................_........................................__......._.............. ....._.._.........._.................. ...... _ ...... ---
and hereby agrees that, in case such permit is granted, that all work which shall be done and all
materials which shall be used shall comply with the plans and specifications therefor herewith submitted
and with all the ordinances of said ......._CITY OF HUTCHINSON
applicable thereto.
Applicant further agrees to pay fees or assessments at the time and in the amounts specified as
follows:
$1.00
0
fION
Tothe....... CITY ... C9.U.N.C.I-L-1- ................... . ................ I ............... ... . .........................
of the..... CITY....... . ...... .... .......................of._ . CHINS
HUTON in the County of
MCLEOD ... ................. ... I ...... I ..................... ...... - .... ..... ---- ....
. .. .... .. ....... ........ State of Minnesota: ef
V%
The. undersigned owner whose address is ........................ . ........ ........................ . �t .. ... k
i PLOW AND
... ............................ ....... ........ hei:eby applies for a permit to ............... ............... ..........
REMOVE SNOW WITH N-4,
............. I ................................................... ........ Q .............. .. . ................
.............. � ............... . ....................... ........
upon that certain tract of land described as follows: Lot_._..._ .... ........... ....... Block......... ......_...................._.__
plat or addition . .... .... ...... ...... - - . .; address._.......
which is of the following size and area; width. ... . ....... ... . ... ....._........ feet; length._ _............... ....... feet;
...... WITHIN THE CITY LIMITS
area
-1 -- ............ -- I ..... - ...... I .... - ...... ........ ....................... .. .... ........ ..... ................................ ........... ............. I ....... . ... .. .. ..
and hereby agrees that, in case such permit is granted, that all work which shall be done and all
materials which shall be used shall comply with the plans and specifications therefor herewith submitted
and with all the ordinances of said ..... I .... C..I.T.Y-,.O.F,,.H.UT.C.H.1-N.S..ON .......... ................ -- .................... .......................
applicable thereto.
.4pplicant further agrees to pay fees or assessments at the time and in the amounts specified as
follows:
$1.00
0
I I ION _). , I'll % " � ;
- " P% \L
- ------------------
To the ........ C1..T.Y ... C.O.L.I.N.C..I..L
of the .......... CITY ....... . ..... ... ........... ...... .... of.. �gCHINSON
........ .... ...... .................... .. .......... - .... ..................in the County of
MC.. ....... State of Min nesota:
The undersigned owner whose address is ............ ........ . ......... . .......
.................. -- ... hereby appliee for a perinu to ..... .. ?jq� AND
.... R.E.M.O.V.E .... SNO.W .... WITH ......... .......
.. .. ........ .. .. . ...... ........... 0��014 ...... . ...... .........
.. P
upon that certain tract of land described as follows: Lot_._.-...._.. ....- ......................... ; Block............. ..........._........._......_.;
plator addition ... ...... .. ......... ...... .......... -.-- ...... .. ..... ...... ; address .... - ............. - .......... ........... ... .....................................
which is of the following size and area; width.........._...._.._._.._.. __.........._. feet; jength ... _ ............. . ....... le -et;
area ......
WITHIN . .... T.H.E.-C.1-T , Y .... L . I . M . I .. T . S ................................... . -- ..................... ............................. - ............................... .. ............ .. .. ....
and hereby agrees that, in case such permit is granted, that all work which shall be done and all
materials which shall be used shall comply with the plans and specifications therefor herewith submitted
and with all the ordinances of said .......... C.I.TY-OF ... H-UF.CH.I..N.S.ON ............................................................................... .......
applicable thereto.
.4ppUeant further agrees to pay fees or assessments at the time and in the amounts specified a;
follows:
$1.00
........... ...... ...................... ................... ... ..... ......... 1-1- ........ . . I .... .....
. .......... ....... .. I ............
.. T
owner
•
0
0 0
RESOLUTION NO. 7894
RESOLUTION ACCEPTING PLEDGED SECURITY
FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION
IMEREAS, the First State Federal Savings & Loan Association of Hutchinson,
Minnesota, a duly designated depository of the City, has pledged the following
security:
GNMA —
Pool #50819
17
$ 119,516.00
GNMA —
Pool #63482
12%
471,852.00
GNMA —
Pool 1140087
12.5%
774,960.00
$1,366,328.00
• BE IT
RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF HUTCHINSON, MINNESOTA:
THAT the City Treasurer is hereby authorized to accent said pledged security
being held at First State Federal Savings & Loan Association of Hutchinson, Min-
nesota.
Adopted by the City Council this 23rd day of October, 1984.
ATTEST:
Gary D. Plotz
Citv Clerk
•
Robert H. Stearns
Mavor
•
0
Published in the Hut 0nson Leader on Tuesday, OctobjWnd, 1984, and on
Tuesday, October 9th, 1984.
NOTICE OF HEARING ON IMPROVEMENT
PUBLICATION NO. 3316
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota,
will meet in the Council Chambers of the City Hall at 8:00 P.M. on the 23rd
day of October, 1984, to consider the making of an improvement of:
PROJECT NO. TYPE AND LOCATION
85 -01 -26 Curb and Gutter 6 Appurtenances in Clouse Addition
85 -01 -27 Sanitary Sewer, Watermain, Storm Sewer, Grading, Gravel
Sub -base and Area Lift Station 8 Appurtenances in Clark's
2nd Add.
85 -01 -28 Sanitary Sewer, Watermain, Storm Sewer, Curb and Gutter,
Grading, Gravel Sub -base & Appurtenances in Helland's Fifth
Add.
85 -01 -29 Sanitary Sewer, Watermain, Storm Sewer, Grade, Gravel Sub-
base & Appurtenances in Waller's 2nd Add.
85 -01 -30 Sanitary Sewer, Watermain, Storm Sewer, Grade, Gravel Sub-
base 8 Appurtenances in Fourth Addition to Lakewood Terrace
85 -01 -31 Sanitary Sewer, Watermain, Storm Sewer, Gravel Sub -base &
Appurtenances in Orchard Park Add.
pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area
proposed to be assessed for such improvement is the benefited property. The
estimated cost of such improvement is $ 233,000 . Such persons as desire to
be heard with reference to the proposed improvement will be heard at this
meeting.
Dated: September 25th, 1984.
R �
(612) 587 -5151
f/UIIH' CITY OF HUTCHINSON
• 37 WASHINGTON AVENUE WEST
-_ HUTCHINSON. MINN. 55350
TO: Mayor & City Council
FROM: Bruce Ericson, Director, Parks & Recreation Dept.
DATE: October 17, 1984
SUBJECT: Response to Fair Board Letter
The Parks Department does change the dates of the fair
as indicated by their letter. This is a very minor item
and is easily accomplished with the use of the boom truck.
At the present time, we do not use the fairgrounds for
any storage or events. Although there are no plans for
use of any facilities at the fairground in the immediate
future that possibility should not be ruled out.
skr /BLE
•
(O —Lf_.
/(672) 879 -2371
° -f# , C/TY OF HUTCHINSON
U; CHINSON, .MINN. 55350
M E M O R A N D U M
DATE: Oct 1 7. 1484
TO: —Gary Plotz — — — — — — — — — — — — — — — —
FROM: —Ralph Neumann — _ — — — _ — — — — —
SUBJECT: —Use of City equipment and operator atCountyFair — — —
In this memo is a cost breakdown that the Fair Board would
have had to pay a private firm to supply them with the services
the City of Hutchinson provided during the 1184 County Fair. All
prices include operators time.
Street sweeper
Water truck
Trucks
Front -end loader
10
hours
@
$50
27
hours
@
$35
20
hours
@
$30
12
hours
@
$55
$500.00
$945.00
$600.00
$660.00
-- $ ---------
$2705.00
0
•
L
XII LEOD COUNT' AGRICULTURAL ASSOCIATION
t
r
0
Z-7,
P. 0. BOX 142
HUTCHINSON, MINNESOTA 55350
r,
6-1,
(d 12) 587 -5151
'/TY OF 141UTCH11Vq QN
NASHINGTON AVENUE WEST
H;PvSGvV, LliNN.5535O
September 27, 1984
Mr. Walter Vorpahl
1115 Randall Road
Hutchinson, MN 55350
RE: City and Fair Association F
Cooperation OR YOUR INf/lpNAT
Dear Wally: Vii N
The City Council has requested me to contact you regarding the items the
Fair Association may be requesting assistance with for calendar year 1985.
A list of items would be very helpful at this point. The Council could then
review the list, and thereafter, take action at a regular Council meeting.
The City staff is available to meet with the Fair Association Board, includ-
ing Ralph Neumann, Bruce Ericson, and myself. Perhaps you could advise me
if this can be arranged soon.
Sincerely,
CITY OF HUTCHINSON
Gary D�tz i�
City Administrator
GDP:ms
cc: Ralph Neumann
Bruce Ericson
Mayor & City Council
0
I-
J
•_ _ - - - _ - - -_- 0
(612) 587 -5151
. 37 "_��HL!._CHiNSON, CITY OF HUTCHINSON
WASHINGTON AVENUE WEST
M /NN. 55350
October 17, 1984
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
i
FROM: PERSONNEL /TRANSIT COORDINATOR HAZEL SITZ
RE: WORKSHOP
I request authorization to attend the 1984 Minnesota Public Transit
Conference in St. Paul on October 30, 31 and Nov. 1. Conference
registration fee is $55. Agenda is attached. This is a budgeted
item.
'MEN DIRECTIONS FOR MINNESOTA TRANSIT'
is 1904 Minnesota Public Transit Conference
St. Paul RAdisson Plasm
Town Square - 4th a Minnesota
St. Paul
October 30, 31 4 November 1, 1984
Tuesday, October 30, 1984
900
A.M.
- Minnesota Public Transit Association Business meeting
11,00
A.M.
- REGISTRATION
1:00
P.M.
- Opening - MPTA President Dennis Jansen
- Welcoming City of St. Paul Mayor George
Latimer
1:30
P.M.
- Commissioner Richard Braun - Mn /DOT
2:00
P.M.
- UNTA Message - Joel Ettinger Regional Administrator
2:30
P.M.
- U.S. Congressmen Martin Sabo
3130
P.M.
- Regional Transit Board Chairman Elliott Parovich
4:30
P.M.
- MPTA Awards
5:30
P.M.
- Social Hour
6:3D
P.M.
- Dinner
Entertainment - CLIMB - A Comedy Theatre Group
Wednesday, October 31, 1984
8:30
A.M.
- Metro Mtq. Presentations Greater Minnesota Mtq. Presentationr
- Regional Implements- - Contraets /Budget Report
tion Plan - Capital Investment Strategy
- Alternative Analysis - Transit Survey- Mankato State
Study (Univ. Ave. University
8 /Southwest) - Marketing Experiences
- LRT Implementation
Plan
- Metro Mobility Evalua-
tion
- MSC Changes
11:00
A.M.
- Vendors Presentation
12:00
Noon
- Luncheon Address - Governor Rudy Perpich
1:30
P.M.
- Legislative Panel
2:45
P.M.
_ Professional Development Workshop
5:00
•
P.M.
Social Hours
Thursday, November 1, 1984
7:30
A.M. -
Breakfast Buffet - Business Meeting Follow-up
8:30
A.M. -
Microcomputers Workshops (3)
10115
A.M. -
Presentation - "Mork Porce of the Future'
11:00
A.M. -
Presentation - 'Transportation in the Future"
12,00
Noon -
Adjourn
Box Lunch and Tour at the new MTC Administrative
Offices and Garage.
- r.
THE ANISCAN INSTITUTE OF
• 1'.
9r_
AIA Document B747
AR &ITECTS
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the 17th day of October in the year of Nineteen
Hundred and Eighty -Four
BETWEEN the Owner:
and the Architect:
City of Hutchinson
Hutchinson City Hall
Hutchinson, Mn. 55350
Korngiebel Architecture
45 Washington Avenue East
Hutchinson, Mn. 55350
For the following Project: Hutchinson Recreation Facility
(Include detailed description of Project location and scope.) Hutchinson, Mn.
The Owner and the Architect agree as set forth below.
Cop,i6ht 1.917, 1926, 1948, 1951, 1953, '958, ;961, 1963, 1966, 1967, 1970, 1974, © 1977 by The American Inslinute
. of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20X6. Repioduction of the material herein or
substantial quotation of its ptovisn ns without permission of the AIA violates the copyright laws of the United
States and will be subject to legal prosecution.
AIA DOCUMENT BHt • O %VNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAS . Q1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 70M6 8141-'^'
0 0
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services included
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.11 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other, subject to the limitations set
forth in Subparagraph 3.2.1.
1.1.3 The Architect shall review with the Owner alterna-
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5 The Architect shall submit to the Owner a State-
ment of Probable Construction Cost based on current
area, volume or other unit costs.
1 -2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner in
the program or Project budget, the Architect shall pre-
pare, for approval by the Owner, Design DeveluPment
Documents consisting of drawings and other documents
to fix end describe the s.ze and character of the entire
Project as to architectural, structural, mecl amca! and elec-
trical systems, materials and such other elements as may
be appropriate.
1.2.2 The Architect shall submit to the Owner a further
Statement of Probable Construction Cost
1.3 CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments and any further adjustments in the scope or qual-
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw-
ings and Specifications setting forth in detail the require-
ments for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the prepara-
tion of the necessary bidding information, bidding forms,
the Conditions of the Contract, and the form of Agree-
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust-
ments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for the approval of governmental authorities hav-
ing jurisdiction over the Project.
1.4 BIDDING OR NEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE — ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when final payment to the
Contractor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty days after the Date
of Substantial Completion of the Work, whichever occurs
first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect
shall provide administration of the Contract for Construe
tion as set forth below and in the edition of AIA Docu
ment A201, General Conditions of the Contract for Con-
struction, current as of the date of this Agreement
1.5.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac-
tor shall be forwarded through the Architect. The Archi-
tect shall have authority to act on behalf of the Owner
only to the extent provided in the Contract Documents
uniess otherwise modified by written instrument in ac-
cordance with Subparagraph 1.5.16.
1.5.4 The Architect shall visit the site at intervals a
propriaie to the stage of construction or as otherwise
agreed by the Architect in writing to become generally
familiar with the peeress and ouality of the Work ano to
determine in general if the Work is proceeding in accord-
ance with the Contract Documents. However, the Archi-
tect shall not be required to make exhaustive or con-
tinuous on -site inspections to check the quality or quan-
tity of the Work. On the basis of such on -site observa-
tions as an architect, the Architect shall keep the Owner
informed of the progress and quality of the Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1.5.5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with 1h
Work, for the acts or omissions of the Contractor, Sub
AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • ID 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 30886 8141 -1977 3
E
contractors or any other persons performing any of the
Work, or for the failure of any of them to carry out the
Work in accordance with the Contract Documents.
5.6 The Architect shall at all times have access to the
'fork wherever it is in preparation or progress.
1.5.7 The Architect shall determine the amounts owing
to the Contractor based on observations at the site and on
evaluations of the Contractors Applications for Payment,
and shall issue Certificates for Payment in such amounts,
as provided in the Contract Documents.
1.5.8 The issuance of a Certificate for Payment shall
constitute a representation by the Architect to the Owner,
based on the Architect's observations at the site as pro-
vided in Subparagraph 1.5.4 and on the data comprising
the Contractor's Application for Payment, that the Work
has progressed to the point indicated; that, to the best of
the Architect's knowledge, information and belief, the qual-
ity of the Work is in accordance with the Contract Docu-
ments (subject to an evaluation of the Work for con-
formance with the Contract Documents upon Substantial
Completion, to the results of any subsequent tests re-
quired by or performed under the Contract Documents,
to minor deviations from the Contract Documents cor-
rectable prior to completion, and to any specific qualifica-
tions stated in the Certificate for Payment); and that the
Contractor is entitled to payment in the amount certified.
However, the issuance of a Certificate for Payment shall
not be a representation that the Architect has made any
examination to ascertain how and for what purpose the
Contractor has used the moneys paid on account of the
Contract Sum.
5.9 The Architect shall be the interpreter of the re-
uirements of the Contract Documents and the judge of
the performance thereunder by both the Owner and
Contractor. The Architect shall render interpretations nec-
essary for the proper execution or progress of the Work
with reasonable promptness on written request of either
the Owner or the Contractor, and shall render written de-
cisions, within a reasonable time, on all claims, disputes
and other matters in question between the Owner and the
Contractor relating to the execution or progress of the
Work or the interpretaton of the Contract Documents.
15.10 Interprtations and decisions of the Architect shall
be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in written or
graphic form. In the capacity of interpreter and .judge,
the Architect shall endeavor to secure faithful perform-
ance by both the Owner and the Contractor, shall not
show, partiality to either, and shall not be liable for the
result of any interpretation or decision rendered in goad
faith in such capacity.
1.5.11 The Architect's decisions in matters relating to
artistic effect shall be final if consistent with the intent of
the Contract Documents. The Architect's decisions on
any other claims, disputes or other matters, including
those in question between the Owner and the Contractor,
shall be subject to arbitration as provided in this Agree-
ment and in the Contract Documents.
1.5.12 The Architect shall have authority to reject Work
hich does not conform to the Contract Documents.
'henever, in the Architect's reasonable opinion, it is
necessary or advisable for the implementation of the intent
of the Contract Documents, the Architect will have author-
ity to require special inspection or testing of the Work in
accordance with the provisions of the Contract Docu-
ments, whether or not such Work be then fabricated, in-
stalled or completed.
1.5.13 The Architect shall review and approve or take
other appropriate action upon the Contractors submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's ap-
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
15.14 The Architect shall prepare Change Orders for
the Owner's approval and execution in accordance with
the Contract Documents, and shall have authority to order
minor changes in the Work not involving an adjustment
in the Contract Sum or an extension of the Contract Time
which are not inconsistent with the intent of the Contract
Documents. -
1.5.15 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and related documents
required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Pay-
ment.
1.5.16 The extent of the duties, responsibilities and lim-
itations of authority of the Architect as the Owners rep-
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con-
tractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more ex-
tensive representation at the site than is described in
Paragraph 1.5 shall be provided, the Architect shall pro-
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall be selected, em-
ployed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed be-
tween the Owner and the Architect as set forth in an ex-
hibit appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives.
1.6.3 Through the observations by such Project Repre-
sentatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project representa-
tion shall not modify the rights, responsibilities or obliga-
tions of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following Services are not included in Basic
Services unless so identified in Article 15. They shall
be provided if authorized or confirmed in writing by
the Owner, and they shall be paid for by the Owner
as provided in this Agreement, in addition to the
compensation for Basic Services.
4 6741 -1977 AIA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAe • ® 1977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
0
1.7.1 Providing analyses of the Owner's needs, and pro-
gramming the requirements of the Project.
1.7.2 Providing financial feasibility or other special
studies.
1.7.3 Providing planning surveys, site elaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys, studies and submis-
sions required for approvals of governmental authorities
or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, sys-
tems and equipment which are not intended to be con-
structed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur-
nished by the Owner. '
1.7.6 Preparing documents of alternate, separate or
sequential bids or providing extra services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner.
1.7.7 Providing coordination of Work performed by
separate contractors or by the Owner's own forces.
1.7.8 Providing services in connection with the work of
a construction manager or separate consultants retained
by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs, or detailed quan-
tity surveys or inventories of material, equipment and
labor.
1.7.10 Providing interior design and other similar ser-
vices required for or in connection with the selection,
procurement or installation of furniture, furnishings and
related equipment.
1.7.11 Providing services for planning tenant or rental
spaces.
1.7.12 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such doc-
uments or are due to other causes not solely within the
control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting
data and providing other services in connection with
Change Orders to the extent that the adjustment in the
Basic Compensation resulting from the adjusted Con-
struction Cost is not commensurate with the services re-
quired of the Architect, provided such Change Orders are
required by causes not solely within the control of the
Architect.
1.7.14 Making investigations, surveys, valuations, inven-
tories or detailed appraisals of existing facilities, and serv-
ices required in connection with construction performed
by the Owner.
1.7.15 Providing consultation concerning replacement of
any Work, damaged by fire or other cause during con-
is
struction, and furnishing services as may be required in
connection with the replacement of such Work.
1.7.16 Providing services made necessary by the default
of the Contractor, or by major defects or deficiencies in
the Work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for
Construction.
1.7.17 Preparing a set of reproducible record drawings
showing significant changes in the Work made during
construction based on marked -up prints, drawings and
other data furnished by the Contractor to the Architect.
1.7.18 Providing extensive assistance in the utilization of
any equipment or system such as initial start -up or testing,
adjusting and balancing, preparation of operation and
maintenance manuals, training personnel for operation
and maintenance, and consultation during operation.
1.7.19 Providing services after issuance to the Owner of
the final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than sixty days after
the Date of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1.7.21 Providing services of consultants for other than
the normal architectural, structural, mechanical and elec-
trical engineering services for the Project
1.7.22 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1,8 TIME
1.8.1 The Architect shall perform Basic and Additional
Services as expeditiously as is consistent with professional
skill and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for the
Owner's approval, a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall include allowances for peri-
ods of time required for the Owners review and approval
of submissions and for approvals of authorities having
J urisdiction over the Project. This schedule, whe,^. approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding
requirements for the Project including a program, which
shall set forth the Owner's design objectives, constraints
and criteria, including space requirements and relation-
ships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it
shall include contingencies for bidding, changes in the
Work during construction, and other costs which are the
responsibility of the Owner, including those described in
this Article 2 and in Subparagraph 3.12. The Owner shall,
at the request of the Architect, provide a statement of
funds available for the Project, and their source.
AIA DOCUMENT 6141 • OWNER ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • 01977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 5
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L_J
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2.3 The Owner shall designate, when necessary, a rep-
resentative authorized to act in the Owner's behalf with
respect to the Project The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
promptly, to avoid unreasonable delay in the progress of
the Architect's services.
2.4 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements and adjoin-
ing property; rights -of -way, restrictions, easements, en-
croachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and complete
data pertaining to existing buildings, other improvements
and trees; and full information concerning available serv-
ice and utility lines both public and private, above and
below grade, including inverts and depths.
2.5 The Owner shall furnish the services of soil engi-
neers or other consultants when such services are deemed
necessary by the Architect. Such services shall include test
borings, test pits, soil bearing values, percolation tests, air
and seater pollution tests, ground corrosion and resistivity
tests, including necessary operations for determining sub-
soil, air and water conditions, with reports and appropri-
ate professional recommendations.
2.6 The Owner shall furnish structural, mechanical,
chemical and other laboratory tests, inspections and re-
ports as required by law or the Contract Documents.
2.7 The Owner shall furnish all legal, accounting and in-
surance counseling services as may be necessary at any
time for the Project, including such auditing services as
the Owner may require to verify the Contractor's Applica-
tions for Payment or to ascertain how or for what pur-
poses the Contractor uses the moneys paid by or on be-
half of the Owner.
2.8 The services, information, surveys and reports re-
quired by Paragraphs 2.4 through 2.7 inclusive shall be
furnished at the Owner's expense, and the Architect shall
be entitled to rely upon the accuracy and completeness
thereof.
2.9 If the Owner observe: or olherwise becomes aware
of any fault or defect in the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the Owner to the Architect.
2.10 The Owner shall furnish required information and
services and shall render approvals and decisions as ex-
peditiously as necessary for the orderly progress of the
Architect's services and of the YVork.
ARTICLE 3
CONSTRUCTION COST
3,1 DEFINITION
3.1.1 The Construction Cost shall be the total cost or
estimated cost to the Owner of all elements of the Project
designed or specified by the Architect.
3.1.2 The Construction Cost shall include at current
market rates, including a reasonable allowance for over-
head and profit, the cost of labor and materials furnished
by the Owner and any equipment which has been de-
0
signed, specified, selected or specially provided for by
the Architect.
3.1.3 Construction Cost does not include the compen-
sation of the Architect and the Architect's consultants,
the cost of the land, rights -of -way, or other costs which
are the responsibility of the Owner as provided in Arti-
cle 2.
3,2 RESPONSIBILITY FOR CONSTRUCTION COST
3.2.1 Evaluations of the Owner's Project budget, State-
ments of Probable Construction Cost and Detailed
Estimates of Construction Cost, if any, prepared by the
Architect, represent the Architect's best judgment as a
design professional familiar with the construction indus-
try. It is recognized, however, that neither the Architect
nor the Owner has control over the cost of labor, mate-
rials or equipment, over the Contractor's methods of de-
termining bid prices, or over competitive bidding, market
or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or
negotiated prices will not vary from the Project budget
proposed, established or approved by the Owner, if any,
or from any Statement of Probable Construction Cost or
other cost estimate or evaluation prepared by the Archi-
I ect.
3.2.2 No fixed limit of Construction Cost shall be estab-
lished as a condition of this Agreement by the furnishing,
proposal or establishment of a Project budget under Sub-
paragraph 1.12 or Paragraph 2.2 or otherwise, unless such
fixed limit has been agreed upon in writing and signed by
the parties hereto. If such a fixed limit has been estab-
lished, the Architect shall be permitted to include con-
tingencies for design, bidding and price escalation, to de-
termine what materials, equipment, component systems
and types of construction are to be included in the Con-
tract Documents, to make reasonable adjustments in the
scope of the Project and to include in the Contract Docu-
ments alternate bids to adjust the Construction Cost to the
fixed limit. Any such fixed limit shall be increased in the
amount of any increase in the Contract Sum occurring
after execution of the Contract for Construction.
3.2.3 If the Bidding or Negotiation Phase has not com-
menced within three months after the Architect submits
the Construction Documents to the Owner, any Project
budget or fixed limit of Construction Cost shall be ad-
justed to reflect any change in the general level of prices
in the construction industry between the date of submis-
sion of the Construction Documents to the Owner and
the date on which proposals are sought.
3.2.4 If a Project budget or fixed limit of Construction
Cost (adjusted as provided in Subparagraph 32.3) is ex-
ceeded by the lowest bona fide bid or negotiated pro-
posal, the Owner shall (1) give written approval of an
increase in such fixed limit, (2) authorize rebidding or re-
negotiating of the Project within a reasonable time, (3) if
the Project is abandoned, terminate in accordance with
Paragraph 10.2, or (4) cooperate in revising the Project
scope and quality as required to reduce the Construction
Cost. In the case of (4), provided a fixed limit of Construc-
tion Cost has been established as a condition of this Agree-
ment, the Architect, without additional charge, shall mod-
ify the Drawings and Specifications as necessary to comply
AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • © 1977
6 8141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200016
•
with the fixed limit. The providing of such service shall be
the limit of the Architect's responsibility arising from the
establishment of such fixed limit, and having done so, the
Architect shall be entitled to compensation for all services
performed, in accordance with this Agreement, Whether
or not the Construction Phase is commenced.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal-
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment Taxes and other statutory employee bene-
fits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi-
tect's employees and consultants in the interest of the
Project for the expenses listed in the following Sub-
paragraphs:
5.1.1 Expense of transportation in connection with the
Project; living expenses in connection with out -of -town
travel; long distance communications, and fees paid for
securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and the
Architect's consultants.
5.1.3 Expense of data processing and photographic pro-
duction techniques when used in connection with Addi-
tional Services.
5.1.4 If authorized in advance by the Owner, expense of
overtime work requiring higher than regular rates.
5.1.5 Expense of renderings, models and mock -ups re-
quested by the Owner.
5.1.6 Expense of any additional insurance coverage or
limits, including professional liability insurance, requested
by the Owner in excess of that normally carried by the
Architect and the Architect's consultants.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An initial payment as set forth in Paragraph 14.1 is
the minimum payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be
made monthly and shall be in proportion to services per-
formed within each Phase of cervices, on the basis set
forth in Article 14.
6.1.3 If and to the extent that the Contract Time initially
established in the Contract for Construction is exceeded
is
or extended through no fault of the Architect, compensa-
tion Tor any Basic Services required for such extended
period of Administration of the Construction Contract
shall be computed as set forth in Paragraph 14.4 for Addi-
tional Services.
6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the Project are
deleted or otherwise not constructed, compensation for
such portions of the Project shall be payable to the extent
services are performed on such portions, in accordance
with the schedule set forth in Subparagraph 14.2.2, based
on (1) the lowest bona fide bid or negotiated proposal or,
(2) if no such bid or proposal is received, the most recent
Statement of Probable Construction Cost or Detailed Esti-
mate of Construction Cost for such portions of the Project.
6.2 PAYMENTS ON ACCOUNT Of
ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages
or other sums withheld from payments to contractors, or
on account of the cost of changes in the Work other than
those for which the Architect is held legally liable.
6.4 PROTECT SUSPENSION OR TERMINATION
6.4.1 If the Project is suspended or abandoned in whole
or in part for more than three months, the Architect shall
be compensated for all services performed prior to receipt
of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then
due and all Termination Expenses as defined in Paragraph
10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation
shall be equitably adjusted.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on
the basis of a Multiple of Direct Personnel Expense shall
be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE 8
OWNERSHIP AND USE OF DOCUMENTS
8.1 Drawings and Specifications as instruments of serv-
ice are and shall remain the property of the Architect
whether the Project for which they are made is executed
or not. The Owner shall be permitted to retain copies, in-
cluding reproducible copies, of Drawings and Specifica-
ticros for information and reference in connection with the
Owner's use and occupancy of the Project. The Drawings
and Specifications shall not be used by the Owner on
AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAO • 01977
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141 -1977 7
0
other projects, for additions to this Project, or for comple-
tion of this Project by others provided the Architect is not
in default under this Agreement, except by agreement in
writing and with appropriate compensation to the Archi-
. sect.
8.2 Submission or distribution to meet official regulatory
requirements or for other purposes in connection with the
Project is not to be construed as publication in derogation
of the Architect's rights.
ARTICLE 9
ARBITRATION
9.1 All claims, disputes and other matters in question
between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be
decided by arbitration in accordance with the Construc-
tion Industry Arbitration Rules of the American Arbitra-
tion Association then obtaining unless the parties mutu-
ally agree otherwise. No arbitration, arising out of or re-
lating to this Agreement, shall include, by consolidation,
joinder or in any other manner, any additional person not
a party to this Agreement except by written consent con-
taining a specific reference to this Agreement and signed
by the Architect, the Owner, and any other person sought
to be joined. Any consent to arbitration involving an ad-
ditional person or persons shall not constitute consent to
arbitration of any dispute not described therein or with
any person not named or described therein. This Agree-
ment to arbitrate and any agreement to arbitrate with an
additional person or persons duly consented to by the
parties to this Agreement shall be specifically enforceable
• under the prevailing arbitration law.
9 -2 Notice of the demand for arbitration shall be filed in
writing with the other party to this Agreement and with
the American Arbitration Association. The demand shall
be made within a reasonable time after the claim, dispute
or other matter in question has arisen. In no event shall
the demand for arbitration be made after the date when
institution of legal or equitable proceedings based on
such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
9.3 The av:ard rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
ARTICLE 10
TERMINATION OF AGREEMENT
10.1 This Agreement may be terminated by either party
upon seven days' written notice should the other party
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination.
10.2 This Agreement may be terminated by the Owner
upon at least seven days' written notice to the Architect
in the event that the Project is permanently abandoned.
103 In the event of termination not the fault of the Ar-
chitect, the Architect shall be compensated for all services
performed to termination date, together with Reimburs-
able Expenses then due and all Termination Expenses as
defined in Paragraph 10.4.
E
10.4 Termination Expenses include expenses directly at-
tributable to termination for which the Architect is not
otherwise compensated, plus an amount computed as a
percentage of the total Basic and Additional Compensa-
tion earned to the time of termination, as follows:
.1 20 percent if termination occurs during the Sche-
matic Design Phase; or
.2 10 percent if termination occurs during the Design
Development Phase; or
.3 5 percent if termination occurs during any subse-
quent phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of
the Architect.
11.2 Terms in this Agreement shall have the same mean-
ing as those in AIA Document A201, General Conditions
of the Contract for Construction, current as of the date
of this Agreement.
11.3 As between the parties to this Agreement: as to all
acts or failures to act by either party to this Agreement,
any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the rele-
vant Date of Substantial Completion of the Work, and as
to any acts or failures to act occurring after the relevant
Date of Substantial Completion, not later than the date of
issuance of the final Certificate for Payment
11.4 The Owner and the Architect waive all rights
against each other and against the contractors, consult-
ants, agents and employees of the other for damages cov-
ered by any property insurance during construction as set
forth in the edition of AIA Document A201, General Con-
ditions, current as of the date of this Agreement. The
Owner and the Architect each shall require appropriate
similar waivers from their contractors, consultants and
agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representa-
tives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
assign, sublet or transfer any interest in this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agree-
ments, either written or oral. This Agreement may be
amended only by written instrument signed by both
Owner and Architect.
AIA DOCUMENT 6141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA* • O
8 8141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. :
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance With Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of Five Hundred and no/100 --- - - - - -- dollars (S 500.00)
shall be made upon execution of this Agreement and credited to the Owners account as follows:
14.2 BASIC COMPENSATION
14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
fHere insert basis of rompensalton, including fined amounts, multiples or perren: ages, and identify Phases to which particular methods of compensa-
tion apply, it neressary.t
On the basis of 6% of the construction & equipment cost
\J
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payment for Basic
Services shall be made as provided in Subparagraph 6.12, so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
pnrivde any addiliona; Phases as appropriate.)
Schematic Design Phase: - percent ( 10 %)
Design Development Phase: percent ( 10 %)
Construction Documents Phase: percent ( 55 %)
Bidding or Negotiation Phase: percent ( 5 %)
Construction Phase: percent( 20 %)
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
AIA DOCUMENT 6141 • OWNEK- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 197, • AIAa • 01977
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 9
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14.4 COMPENSATION FOR ADDITIONAL SERVICES
0
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in-
cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
I Here insert hash of commmsaiiom, mcfudmg rhea and,or multiples of D,recr Persunne! Bpensr for Pnncipds and emplu pees. and ,denfdy F,mopah
and classily employees, it required Identify specifrc services to which part,cular methods of compensation apply, it necessary.)
Hourlv Rates
Principal
$50.00
Architect
35.00
Draftsman
20.00
Steno
10.00
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi-
tional Services, a multiple of ( 1.25 1 times the amounts billed
to the Architect for such services.
(identify specific types of consultants in Article 15, it required.)
14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim-
bursable Expenses, a multiple of ( 111 ) times the amounts ex-
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of
business of the Architect.
(Here insert any rate of m r,e,r agreed upon.) Legal Rate
(Usury laws and requirements under the federal Truth in Lending Act, similar state and loot consumer credit laws and other regulations at the
Owner's and Architect's principal places of business, the location of the Project and eisewhe,e may affect the validity of this provision. Specific legal
advice should be obtained with respect to deletion, modification, or orher requirements such as writ en disclosures or waivers.)
14.7 The Owner and the Architect agree in accordance With the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
14.7.2 IF THE SERVICES covered by this Agreement have not been completed Within
. (1� months of the dale hereof, through no fault of the Architect, the amounts of compensation, rates and
multiples set forth herein shall be equitably adjusted.
AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA6 . ID 1977
10 8141 -1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20D06
• •
ARTICLE 15
OTHER CONDITIONS OR SERVICES
u
Additional Services 1.7: Shall not include items
1.7.1, 1.7.19, 1.7.21
Construction Cost
For fee computation, the following
not be included in the construction
installed by the Owner.
Gym Flooring
Lockers
Basketball Standards
Mats
Nets
equipment items would
cost if furnished and
0
E
AIA DOCUMENT 8141 • OWNER- ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAQ • © 1977
THE AMERICAN IN5TITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 11
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This Agreement entered into as of the day and year first written above.
OWNER
City of Hutchinson
Hutchinson City Hall
Hutchinson, Mn. 55350
M
•
ARCHITECT
Korngiebel Architecture_
45 Washington Ave. East
Hut.ghinson, MN. 55350
FE
AIA DOCUMENT 8141 • OWNER - ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® . Q 1977
12 8141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C- 10006
12) 587.5151
HUTCH' CITY OF HUTCHINSON
• 37 WASHINGTON AVENUE WEST
/ HUT CHINSON, MINN. 55350
M E M 0
DATE: October 22, 1984
TO: Mayor and City Council
FROM: Director of Engineering
RE: Printer
We have received the following quotations for a replacement printer:
Albinson: Dizit Dart 115 White Printer $1,432.13
Blu -Ray Model 121 W /12 -302 $2,249.21
F.O.B. Minneapolis - unassembled -need to set up
Copy Equipment, Inc.: Dizit Dart 115 White Printer $1,449.00
Dietzgen Javelin II White Printer $1,714.00
Blu -Ray Model 121 w /12 -302 $1,904.20
Rotolite Diazo Jet Mark III $2,004.95
F.O.B. Hutchinson Assembled and set up
All quotations include trade -in of present printer.
Request permission to purchase a Dizit Dart 115 White Printer from Copy
Equipment, Inc. for $1,449.00, delivered, assembled and set up.
MVP/PV
cc: Ken Merrill
Cal Rice
•
Marlow V. Priebe
Director of Engineering
E
•
S CERTIFICATION OF MINUTES RELATING TO
$500,000 GENERAL OBLIGATION RECREATION CENTER BONDS,
SERIES 1984
Issuer: City of Hutchinson, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: a regular meeting held
on October 23, 1984 at 7:30 o'clock, p.m., at the City Hall.
Members present:
Members absent:
Documents attached:
Minutes of said meeting (pages): 1 through 10
RESOLUTION NO. 7897
RESOLUTION RELATING TO $500,000
GENERAL OBLIGATION RECREATION CENTER BONDS, SERIES 1984;
AUTHORIZING THE ISSUANCE AND CALLING
FOR THE PUBLIC SALE THEREOF
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing the
obligations referred to in the title of this certificate,
certify that the documents attached hereto, as described above,
have been carefully compared with the original records of said
corporation in my legal custody, from which they have been
transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body of
said corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents
approved by the governing body at said meeting, so far as they
relate to said obligations; and that said meeting was duly held
by the governing body at the time and place and was attended
throughout by the members indicated above, pursuant to call and
notice of such meeting given as required by law.
WITNESS my hand official'y as such recording officer
and the seal of the City this 23rd day of October , 1984.
• Signature
(SEAL) Gary D. Plotz,
City Administrator _
Name and Title
LJ
0
0 0
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO. 7897
RESOLUTION RELATING TO $500,000
GENERAL OBLIGATION RECREATION CENTER BONDS, SERIES 1984;
AUTHORIZING THE ISSUANCE AND CALLING
FOR THE PUBLIC SALE THEREOF
BE IT RESOLVED by the City Council of the City of
Hutchinson, Minnesota (the City), as follows:
1. Authorization. At a special election duly noticed
and held on August 7, 1984, a majority of the voters of the
City voting on the question approved the issuance by the City
of its general obligation bonds in the amount of $500,000, to
be used with other funds available to the City, for the
construction of a recreational facility and outdoor swimming
pool (the Recreation Center), The present estimated total cost
of the Recreation Center is as follows:
Item
Construction and
Cost of Issuance
Bond Discount
Engineering
Estimated Cost
$963,000
10,000
8,000
$981,000
In order to finance the Recreation Center it is hereby
determined to be necessary and desirable for the City to sell
and issue its General Obligation Recreation Center Bonds,
Series 1984 (the Bonds), in the principal amount of $500,000
including every item of cost of the kinds authorized in
Minnesota Statutes, Section 475.65, $8,000 of such amount
representing interest as provided in Minnesota Statutes,
Section 475.56, the proceeds of which Bonds together with funds
of the City in the amount of $481,000 available for
construction of the Recreation Center will be used to pay the
cost of the Recreation Center.
2. Sale. This Council shall meet at the time and
place specified in the notice of sale hereinafter prescribed
for the purpose of receiving sealed bids and awarding sale of
the Bonds. The City Administrator is hereby authorized and
directed to cause a public notice of the time, place and
purpose of the meeting to be published in the official
newspaper of the City, and in Commercial west, published in
Minneapolis, Minnesota, once not less than ten days before the
date of said meeting in substantially the following form:
NOTICE OF BOND SALE
$500,000 GENERAL OBLIGATION RECREATION CENTER
BONDS, SERIES 1984
CITY OF HUTCHINSON, MINNESOTA
Sealed bids for the above Bonds of the City of
Hutchinson, Minnesota, will be opened at 3:00 o'clock P.M.,
Central Time, on November 13, 1984, at the City Hall in
Hutchinson, Minnesota. The City Council of Hutchinson will
meet in the City Hall at 7:30 o'clock p.m., on Tuesday,
November 13, 1984 to consider the bids and award the sale for
the purchase of $500,000 General Obligation Recreation Center
Bonds of the City (the Bonds). The Bonds will be issued for
the purpose of financing a portion of the cost of the
construction of a recreational facility and outdoor swimming
pool within the City. The Bonds will be issuable as fully
registered bonds, in the denomination of $5,000 or any integral
multiple thereof, will be dated, as originally issued, as of
December 1, 1984, and will mature on March 1 in the following
years and amounts:
Year
Amount
Year
Amount
1987
$25,000
1995
$25,000
1988
25,000
1996
25,000
1989
25,000
1997
25,000
1990
25,000
1998
25,000
1991
25,000
1999
50,000
1992
25,000
2000
50,000
1993
25,000
2001
50,000
1994
25,000
2002
50,000
The City will select a suitable bank or trust company
to act as Bond Registrar, Transfer Agent and Paying Agent.
Interest will be payable on each March 1 and September 1,
commencing March 1, 1985, to the registered owners of the Bonds
appearing of record in the bond register as of the 15th day of
the immediately preceding month. Bonds maturing in 1994 and
later years are each subject to redemption and prepayment on
March 1, 1993 and any interest payment date thereafter at a
price equal to the principal amount thereof to be redeemed plus
accrued interest. No rate of interest nor the net effective
rate of the issue may exceed the maximum legal rate determined
pursuant to Minnesota Statutes, Section 475.55. A legal
opinion will be furnished by Dorsey & Whitney, of Minneapolis,
-2-
0
0 0
. Minnesota. Copies of a statement of Terms and Conditions of
Sale and additional information may be obtained from the
undersigned.
Dated: October 23, 1984.
i
•
-3-
BY ORDER OF THE CITY COUNCIL
Gary D. Plotz
City Administrator
City of Hutchinson, Minnesota
3. Terms and Conditions of
statement of Terms and Conditions of
terms and conditions for the sale an
such terms and conditions are hereby
incorporated in material distributed
the Bonds:
-4-
Sale. The following !
Sale shall constitute the
3 issuance of the Bonds and
authorized to be
to prospective bidders for
•
!
0 0
• TERMS AND CONDITIONS OF SALE
$500,000 GENERAL OBLIGATION RECREATION CENTER BONDS,
SERIES 1984
CITY OF HUTCHINSON, MINNESOTA
Sealed bids for the purchase of $500,000 General
Obligation Recreation Center Bonds, Series 1984 (the Bonds), of
the City of Hutchinson, Minnesota (the City), will be opened at
the City Hall in the City of Hutchinson, Minnesota at 3:00
o'clock, p.m. Central Time, on Tuesday, November 13, 1984. The
City Council will meet at the City Hall in the City at 7:30
o'clock, p.m., on Tuesday, November 13, 1984 to consider the
bids and award the sale. This is a statement of the terms and
conditions upon which the bids for the purchase of the Bonds
will be received, the sale thereof awarded and the Bonds issued.
The Bonds will be issued for the purpose of financing
a portion of the cost of constructing and equipping a
recreation facility and outdoor swimming pool within the City,
in accordance with the provisions of Minnesota Statutes,
Chapter 475.
DATE, TYPE AND DENOMINATION
The Bonds will be dated, as originally issued, as of
December 1, 1984, will be issued as negotiable investment
securities in registered form as to both principal and interest
and will be issuable in the denomination of $5,000 or any
integral multiples thereof.
MATURITIES AND REDEMPTION
The Bonds will mature on March 1 in the following
years and amounts:
Year
Amount
Year
Amount
1987
$25,000
1995
$25,000
1988
25,000
1996
25,000
1989
25,000
1997
25,000
1990
25,000
1998
25,000
1991
25,000
1999
50,000
1992
25,000
2000
50,000
1993
25,000
2001
50,000
1994
25,000
2002
50,000
Bonds maturing in 1994 and later years will be subject
• to redemption and prepayment, at the option of the City and in
whole or in part, in inverse order of maturities and by lot
-5-
assigned in proportion to their principal amount, within any •
maturity, on March 1, 1993, and any interest payment date
thereafter at a price equal to the principal amount thereof to
be redeemed plus accrued interest to the date of redemption.
BOND REGISTRAR, TRANSFER AGENT
AND PAYING AGENT
The City will select a suitable bank or trust company
to act as Bond Registrar, Transfer Agent and Paying Agent (the
Registrar). The Bond Register will be kept, principal and
interest will be paid to the registered owner of each Bond and
transfers of ownership will be effected by the Registrar. The
City will pay the charges of the Registrar for such services.
The City reserves the right to remove the Registrar and appoint
a successor.
INTEREST PAYMENT DATES, RATES
Interest will be payable each March 1 and September 1,
commencing March 1, 1985, to the registered owners of the Bonds
appearing of record in the Bond Register as of the close of
business on the 15th day (whether or not a business day) of the
immediately preceding month. All Bonds of the same maturity
must bear interest from date of issue until paid at a single,
uniform rate, not exceeding the rate specified for Bonds of any
subsequent maturity. Each rate must be expressed in an
integral multiple of 5 /100ths or 1 /8th of 1 %, and no rate of
interest nor the net effective rate of the issue may exceed the
maximum legal rate determined pursuant to Minnesota Statutes,
Section 475.55.
DELIVERY
Within 40 days after the sale, the City will deliver
to the Registrar the printed Bonds ready for completion and
authentication. The original purchaser of the Bonds must
notify the Registrar, at least 5 business days before delivery
of the Bonds, of the persons in whose names the Bonds will be
initially registered and the authorized denominations of the
Bonds to be originally issued. If notification is not received
by that date, the Bonds will be registered in the name of the
original purchaser and will be issued in denominations
corresponding to the principal maturities of the Bonds. On the
day of closing, the City will furnish to the purchaser the
opinion of bond counsel hereinafter described, an arbitrage
certification and a certificate verifying that no litigation in
any manner questioning the validity of the Bonds is then
pending or, to the best knowledge of officers of the City,
threatened. Payment for the Bonds must be received by the City !
at its designated depositary on the date of closing in
immediately available funds.
0
. LEGAL OPINION
An opinion as to the validity of the Bonds and as to
the exemption from taxation of the interest thereon will be
furnished by Dorsey & Whitney, of Minneapolis, Minnesota. The
legal opinion will be printed on the Bonds at the request of
the purchaser. The legal opinion will state that the Bonds are
valid and binding general obligations of the City enforceable
in accordance with their terms, except to the extent
enforceability may be limited by State of Minnesota or United
States laws relating to bankruptcy, reorganization, moratorium
or creditors' rights generally.
TYPE OF BID AND AWARD
Sealed bids for not less than $492,000 and accrued
interest on the principal sum of $500,000 must be mailed or
delivered to the undersigned and must be received prior to the
time stated above. All bids will then be publicly opened and
tabulated and submitted to the City Council at 7:30 o'clock,
p.m., Central Time, the same day for consideration and action.
No bid maybe altered or withdrawn by the bidder after the time
specified above for opening bids. Each bid must be
unconditional and must be accompanied by a cashier's check or
certified check or bank draft in the amount of $10,000, payable
• to the City Administrator to be retained by the City as
liquidated damages if the bid is accepted and the bidder fails
to comply therewith. The bid authorizing the lowest net
interest cost (total interest on all Bonds from December 1,
1984 to their maturities, less any cash premium or plus any
discount) will be deemed the most favorable. The net effective
rate on the Bonds may not exceed the maximum legal rate
determined in accordance with Minnesota Statutes, Section
4.75.55, Subdivision 4. In the event that two or more bids
state the lowest net interest cost, the sale of the Bonds will
be awarded by lot. No oral bid and no bid of less than
$492,000 for principal, plus accrued interest on all of the
Bonds, will be considered and the City reserves the right to
reject any and all bids, to waive informalities in any bid, and
to adjourn the sale.
is
CUSIP NUMBERS
The City will assume no obligation for the assignment
or printing of CUSIP numbers on the Bonds or for the
correctness of any numbers printed thereon, but will permit
such numbers to be assigned and printed at the expense of the
purchaser, if the purchaser waives any extension of the time of
delivery caused thereby.
SIG
0 0
Information for bidders and bidding forms may be
obtained from the undersigned.
Dated: October 23, 1984.
BY ORDER OF THE CITY COUNCIL
Gary D. Plotz
City Administrator
Hutchinson, Minnesota
•
0 0
. 4. Official Statement. The City Administrator, in
cooperation with Ehlers and Associates, Inc., financial
consultants to the City, is hereby authorized and directed to
prepare on behalf of the City an official statement to be
distributed to potential purchasers of the Bonds. Such
official statement shall contain the statement of Terms and
Conditions of Sale set forth in paragraph 3 hereof and such
other information as shall be deemed advisable and necessary to
adequately describe the City and the security for, and terms
and conditions of, the Bonds.
Adopted by the City Council on October 23, 1984.
Attest:
City Administrator
. (SEAL)
0
Approved:
Mayor
The motion for the adoption of the foregoing 0
resolution was duly seconded by Member
and upon
roll call taken and tallied by the City Administrator, the
following Council Members voted in favor:
and the following voted against the same:
whereupon said resolution was declared passed and adopted and
was signed by the Mayor and his signature attested by the City
Administrator. •
-10-
Y) 587 -5151
f/U7lH' CITY OF HUTCHINSON
. 37 WASHINGTON AVENUE WEST
14UTCHNSON, MILAN 55350
M E M 0
DATE: October 15th, 1984
TO: Mayor and City Council
FROM: Director of Engineering
RE: Demolition Bids
I recommend awarding Demolition Contracts as follows:
Erickson $ Templin - $1,835.00 - 623 -2nd Avenue S.E.
. - $1,850.00 - 679 -2nd Avenue S.E.
Juul Contracting - $1,374.00 - 45 Erie St.
Don Rettman Const. - $2,120.00
- 427 -1st
Avenue
S.E.
- $1,400.00
- 447 -1st
Avenue
S.E.
- $1,350.00
- 645 -2nd
Avenue
S.E.
Peterson Earth Movers, Inc. - $1,700.00 - 613 -2nd Avenue S.E.
A further recommendation for 515 -1st Avenue S.E. will be made on November
13th, 1984.
Marlow V. Priebe
Director of Engineering
MVP /pv
cc: Bruce Ericson
. Ralph Neumann
Dick Nagy
Randy DeVries
F a
A) 587 -5151
ilarcH/ CITY OF HUTCHINSON
. 37 WASHfNGTON AVENUE WEST
HU`CHINSON, M/NN, 55350
M E M O R A N D U M
DATE: October 19, 1984
TO: Mayor and City Council
------------------------------
FROM: Kenneth B. Merrill, Fimance Director
------------------------------
SUBJECT: Administration and Engineering Costs
------------------------ - - - - --
Current City policy on special assessments for property owners has been to
add 25% of construction costs to cover lega, issuing fees, capitalized in-
terest, administration, and engineering fees. Dorsey (legal), Ehlers (finan-
cial), and the capitalized interest are paid direct and based upon the size
40 of issue and prevailing interest rates.
Based upon 17% of construction cost, the City has reimbursed to the City's
general fund, engineering and administration. A 1981 memo was the basis of
this decision, a copy of which is attached.
Since we do not have a full costing system in place, and the cost of imple-
mentation of such a system may possibly be more than the value derived, we
could only guesstimate our actual cost each year and, of course, the variable
on number and size of the assessment rolls come into play.
In 1983 the engineering staff monitored their time and reported 63% of the work
time spent on 1982, 1983 and 1984 projects. Miscellaneous (including future
projects, past project recording "as builts ") account for an additional 12%
of the 1983 work time, or a total in 1983 of 75% of work time was spent on
past, present or future projects. Keep in mind this was for only one year.
Administration becomes even more of a guesstimate, and I do not feel in a good
position at this time to say what amount of time has been used, for instance on
1984 projects. Part of the difficulty is determining what time is related to a
project and what is related to general maintenance of the system which is used
on special assessments.
If the Council feels the 17% factor is too high, a lower percentage could be
used. To be consistent, the same percentage should be used each year to be
. fair to property owners who have projects. By doing so, arbitrary decisions
would be avoided.
/ms �/
I
(612) 879 -2311
/CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE; September 29, 1981
TO: Mayor and Cites Council
FROM: Gard D. P1otzL City Administrator_
SUBJECT: Engineering and Administrative Fees for Annual Improvement Issues
I have contacted Wes Hendrickson of Toltz, King, Duvall, Anderson & Associates
(TKDA) regarding the engineering fees associated with doing annual improvement
projects. In addition, I have contacted Mr. Chuck Barger of Rieke, Carroll and
Mueller (RCM) regarding the fees they charge for engineering on annual improvement
projects.
Both of these private consulting firms have approximately the same fee structure
as represented by the following breakdown:
Preliminary-Engineering Work
Measurement and recording of elevations
Preparation of the engineer's preliminary report
to the City Council
Attendance at all City Council and Planning Com-
mission meetings
Reviewing proposed projects
All supplemental reports, including maps for public
review
% CHARGE
4%
Engineering Work 8% •
Basic design of the improvement
Preparation of final plans and specifications
for bidding process and all bidding documents
Y1 n
LJ
•
Staking and Inspection
Field work and staking of improvement
On -site inspection through completion of
contract
SUB -TOTAL
Administrative and Fiscal
Preparation of notices for public hearing
Preparation of notices for adopting assessment
roll
Preparation of individual assessment calculations
Preparation of assessment roll
Finalization of assessment roll for certification
to county
On -going administrative costs of bond issue and
fiscal review
TOTAL
2 CHARGE
5 -62
17 -182
3 -52
20 -232
Both of the engineering firms stated that these percentages apply to improvement
projects of size of $1 million or less. Percentages may change slightly if there
is a substantially larger issue. Also, the type of work may cause percentages to
change; however, streets, sewer and water projects, storm sewer projects, are all
commonly within the percent range as shown above.
To re -check my findings of the private consultant I contacted Mr. Bill Fahey of
Ehlers 6 Associates to determine what was being charged by other communities. I
report the following:
CITY
Faribault
Fairmont
Grand Rapids
Northfield
2 CHARGE
20
20
20
20
r
i
CITY Z CHARGE •
Owatonna
20
Winona
20
Worthington
19 -22
Mr. Fahey stated that in regard to storm sewer projects, some cities have charged
as much as 25% for engineering and administrative costs. However, 20% is the com-
mon amount charged for these costs. He has also been contacted by various other
engineering firms and similar percentages have been given by firms other than RCM
and TKDA.
/ms
LI
0
0
(612) 587 -5151
0
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
October 15, 1984
Gary D. Plotz
City Administrator
HUTCHINSON CITY HALL
Hutchinson, Mn 55350
RE: Option on Wendorff Property
Dear Gary:
CO OCT
LP vF�
a BI
After our discussion on Friday, I received a phone call
from the Wendorff's. They indicated that they wanted only a
option for a ninety -day time frame with the ability to remain
in the buildings until July 31, 1985. I have drafted the Option
Contract according to those terms and have forwarded a copy to
the Wendorffs. I would suggest that the Option Contract be
placed on the agenda for the next Hutchinson City Council meeting
for the Council's consideration.
JHS:dlp
Enclosure
Sincerely yours,
CITY OF HUTCHINSON
By/ )W4
Ja s H. Schaefer
Hutchinson City Attorney
r _ n ,
• OPTION CONTRACT Is
For and in Consideration of the sum oJ__ One,_ Hundred_,gtrl,�_Q[,j,QQtih,g_ - -, _�oRan
to me in hand paid, the receipt whereof is hereby acknowledged, I hereby grant unto
... ....... T.h tt...D.i tY.. si... tiuGnhinsnn ....a...Municipal...Qnrpara Uon._.......-...__. ....._........_ ................
....... _ ............ _ ...... _ ... _ .................. . .... ....... __ ---- an ....... _ ... Pur Cha se_ .......... Option fop ........ 9- 9 ......................... day#
from the ...... ..... ._._.- 2jrd._ ......... ....day of__— OCiober ..... ... — .._..ly_ .i,... to purchase, for the
sumo %Qna.,. Hundred _Thirty,- Four.._Thoueaxld ana.r�q(},Qg,�h,p.DOLLdRS (1..13.4,.DQQ.100
the following described in the
County o/ McLeod ,and State of -----
.iF3lesot�._.., —,.__. to -wth
Lot 5 and the South 56 Feet of Lot 4, Block 51,
Townsits of Hutchinson, North Half
upon the following terms and conditions, to -wit:
If option is exercised by City of Hutchinson,Grantors
shall have right to maintain occupancy of buildings
located on property until July 31, 1985. Right of
occupancy terminates upon grantors vacation of buildings.
Sad _ ......... City -of Hutchinson. g Municinaj Cor.p.43:AtS.1071_ —_ -- ....... _t.'
shall signify his intention to take said property by due notice in writing, and shall perform the co'n
ditions and Comply with the terms of this Option, all within the time above specified; and a failure
to give such notice, and comply with the terms and perform the Conditions hereof (except as herein-
after provided), within the time apeci/led, shall terminate this Option, and all rights thereunder
without further act or notice whatsoever, time being the essence of this agreement.
In case said notice shall be given in due time, but transaction is not completed, then-J-9
shall be given in which to ezamine titles, make conveyances and close the transaction.
In Presence of I amea end dorff
Robert C. Wendorf£
accept said Option and agree
to aaah and all of its terms.
In Presence of - - - -- -- - - -- - - -- '- -' —-
Robert H. Stearns, Mayor
Gary D. Plotz, City Clerk
9
Ll
2) 587 -5151
f/UTCN' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHiNSON, MINN 55350
M E M 0
DATE: October 18, 1984
TO: Mayor and City Council
FROM: Director of Engineering
RE: Sealing of Wells
Attached is the cost estimate data Mr. Nagy has obtained. Request permission
to proceed.
MVP /pv
attachment
M
Marlow V. Priebe
Director of Engineering
Y-6-
(612) 879 -2311
CITY OF HUTCHINSON
rfU "CHlNSON. ;VIVA. 55350
M E M O R A N D U M
DATE: October 16, 1984
--------- - - - - --
TO: — Mat1 Qlv Priebe _
-- — — — — — — — — — — — — — — — — — — — — —
FROM: Richard Nagy
--------------------------------
su9,7EcT: Sealing of Wells ---Cost Estimate
— ---------------- — — — — — — — — - - — — —
As per your instructions, I have received a cost estimate from UP
Enterprises for the sealing of wells on LAWCON property. To the best of
our knowledge, there are five wells to be sealed. Since all but one are
shallow points, these can be taken care of relatively easily by filling with
sand and capping. LTP quotes us $40.00 an hour with the City providing one
helper and the sand, with the job taking about one -half day. This does not
include the well at 613 Second Avenue SE which will have to be done at the
time it is vacated.
Since the well at 45 Erie Street also serves 103 Erie Street, the well
must be disconnected from 45 Erie but left in service for 103 Erie. This
can be done with relative ease but must be modified to be brought in com-
pliance with the State of Minnesota Well Code, since the well will be on
City property, making the City liable for its construction.
State code requires that the well be made "pitless ". At this time, we
are waiting for approval from the State Department of Health as to a couple
of possible modifications. Depending on which method meets approval, the
cost will be $300 to $500.
•
cc: Ralph Neumann 0
0
9
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
October 16, 1984
Mr. & Mrs. Mike Carls
915 Neal Avenue
Hutchinson, MN 55350
Dear Mike and Peggy:
On Friday, October 12, I received your call regarding the Gutormson complaint.
Please review the series of correspondence and action subsequent and immediate
to your original telephone call.
1. Memorandum dated September 10, summarizing the problem - copies to staff.
2. Letter from City Attorney to Tom and Ray Gutormson, giving them notice to
correct the zoning problems.
3. Letter of September 10, 1984, specifically regarding the discharge of anti-
freeze.
4. Memorandum of September 23, regarding an update on the Gutormson property,
including an October 19 deadline for the outbuilding removal.
5. A second letter of notice dated October 4, 1984, this time from the Building
Official, to cease repair and clean up area within seven days.
6. Third letter of notice to discontinue repair business dated October 16, 1984,
with notice of intent to place on Council agenda.
Regarding the outbuilding, please note the October 19 deadline has not passed.
Regarding the zoning violation, the time limit of October 11 has expired, and the
I atter shall be placed on the next City Council agenda. Under Section 6.01 of the
zoning ordinance, the Council shall authorize the City Attorney to proceed with
legal proceedings. I have been advised by Jim Schaefer that this will involve a long
form criminal complaint.
Sincerely,
• CITY OF HUTCHINSON
F�
j lotz
City Administrator
cc: James Schaefer, City Atty.
Homer Pittman, Bldg. Official
Marlow Priebe, City Eng.
Dean O'Borsky, Police Chief
Roger Bakken, Comm. Service Officer
Mayor & City Council
9-12,.
Mr. Gary D. Plotz
City Administrator
Hutchinson City Hall
37 Washington Avenue West
Hutchinson, Minnesota 55350
Re: Transfer of Bond Issuance Authority
to the City of Ortonville
Dear Gary:
201 DAVIDSON BUILDING
B THIRD STREET NORTH
GREAT FALLS,MONTANA 89901
(406) 727-3632
SUITE 079 MOW"
1800 M STREET N.W.
WASHINGTON, D. C. 20036
(202) 959-1005
30 RUE LA SOFTIE
75009 PARIS, FRANCE
Oil 331 502 32 50
1�12,�g1415161 8
CO
�1984
La
La
. In connection with the proposal that the City of
Hutchinson transfer $1,500,000 of its bond issuance authority to
the City of Ortonville for the Boundary Natural Gas Company
Project, enclosed are six copies of a form of resolution of the
Hutchinson City Council and six copies of a draft of a form of
Agreement between Hutchinson, Ortonville and Boundary Natural Gas
Company. Also enclosed is a copy of a form of resolution of the
Ortonville City Council.
Once you have reviewed this material, if you have any
questions or comments, please call me.
JPG:cmn
Enclosures
cc: Mr. James Schaefer
Mr. John Kirby
•
Yours truly,
J ome P. Gilligan
DORSEY & WHITNEY
•
A P4NnOmhip Including Prabssionel Gb,por b"
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
510 NORTH CENTRAL LIFE TOWER
(612 ( 340 -2600
196 MINNESOTA STREET
ST. PAUL,MINNESOTA 56101
TELEX:29-0805
(812)227 -BOA
TELECOMER: (812)390 -2888
P. 0. am 818
340 FIRST NATIONAL BANK BUILDING
ROCHESTER, MINNESOTA 65903
(5O7) 288 -3158
318 FIRST NATIONAL SANK BUILDING
JEROME P. GILLIGAN
WAYZATA, MINNESOTA 58391
(612)475 -0373
(612) 3411 -2962
October 16, 1984
Mr. Gary D. Plotz
City Administrator
Hutchinson City Hall
37 Washington Avenue West
Hutchinson, Minnesota 55350
Re: Transfer of Bond Issuance Authority
to the City of Ortonville
Dear Gary:
201 DAVIDSON BUILDING
B THIRD STREET NORTH
GREAT FALLS,MONTANA 89901
(406) 727-3632
SUITE 079 MOW"
1800 M STREET N.W.
WASHINGTON, D. C. 20036
(202) 959-1005
30 RUE LA SOFTIE
75009 PARIS, FRANCE
Oil 331 502 32 50
1�12,�g1415161 8
CO
�1984
La
La
. In connection with the proposal that the City of
Hutchinson transfer $1,500,000 of its bond issuance authority to
the City of Ortonville for the Boundary Natural Gas Company
Project, enclosed are six copies of a form of resolution of the
Hutchinson City Council and six copies of a draft of a form of
Agreement between Hutchinson, Ortonville and Boundary Natural Gas
Company. Also enclosed is a copy of a form of resolution of the
Ortonville City Council.
Once you have reviewed this material, if you have any
questions or comments, please call me.
JPG:cmn
Enclosures
cc: Mr. James Schaefer
Mr. John Kirby
•
Yours truly,
J ome P. Gilligan
•
CERTIFICATE OF MINUTES RELATING TO
INDUSTRIAL DEVELOPMENT REVENUE BOND ISSUANCE AUTHORITY
Issuer: City of Hutchinson, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: A special meeting
held on October 23, 1984, at o'clock .M., at the City
Hall.
Members present:
Members absent:
Documents attached:
Minutes of said meeting, including:
RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT
REVENUE BOND ISSUANCE AUTHORITY; AUTHORIZING
THE ISSUANCE BY THE CITY OF ORTONVILLE,
MINNESOTA OF BONDS PURSUANT TO THE BOND
ISSUANCE AUTHORITY OF THE CITY AND APPROVING
THE EXECUTION OF DOCUMENTS NECESSARY
THEREFOR
I, the undersigned, being the duly qualified and
acting City Administrator of the City of Hutchinson, Minnesota
(the "City "), do hereby certify that attached hereto is a
correct and complete copy of a resolution duly adopted by
the City Council at a meeting duly called and held on October
23, 1984.
WITNESS my hand officially as such City Administrator
and the seal of the City this day of , 1984.
(SEAL)
11
Signature
Gary D. Plotz, City Administrator
Name and Title
• 0
Member
resolution and moved its adoption:
introduced the following .
RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT
REVENUE BOND ISSUANCE AUTHORITY; AUTHORIZING
THE ISSUANCE BY THE CITY OF ORTONVILLE,
MINNESOTA OF BONDS PURSUANT TO THE BOND
ISSUANCE AUTHORITY OF THE CITY AND APPROVING
THE EXECUTION OF DOCUMENTS NECESSARY
THEREFOR
BE IT RESOLVED by the City Council of the City
of Hutchinson, Minnesota (the City), as follows:
1. Recitals. This City constitutes an "entitlement
issuer" under Minnesota Statutes, Chapter 474 (the Act) and
has been allocated an entitlement amount of bond issuance
authority under the Act for the 1984 calendar year in the
amount of $2,484,533 (the Entitlement Amount). This Council
has been informed that the City does not reasonably expect
to issue obligations before the end of 1984 in the aggregate
amount of the Entitlement Amount, less the amount of $375,715
of such Entitlement Allocation previously transferred by
the City to the City of New Hope, Minnesota, and that an
amount greater than $1,500,000 is available for transfer
to other issuers of obligations under the Act. The City
of Ortonville, Minnesota (the City of Ortonville), has given
preliminary approval to a proposal that the City of Ortonville
issue revenue bonds under the Act in the maximum aggregate
amount of $2,000,000 (the Bonds) to finance a project under
the Act (the Project) on behalf of Boundary Natural Gas Company,
a Minnesota corporation (the Borrower). Representatives of
the Borrower have requested that the City and the City of
Ortonville enter into an agreement pursuant to Minnesota
Statutes, Section 474.18, subdivision 4, by which the City
of Ortonville may issue up to $1,500,000 of the principal
amount of bonds for the Project pursuant to the Entitlement
Amount.
2. Determinations. This Council hereby determines
that the City of Ortonville' may issue up to $1,500,000 principal
amount of bonds under the Act for the Project pursuant to
the Entitlement Amount, provided that the Borrower pays to
the City the amounts of all costs and expenses of the City
relating thereto, including, without limitation, the amount
of $15,000, which is equal to the deposit paid by the City
to the Minnesota Department of Energy and Economic Development
to retain such portion of the Entitlement Amount.
3. Agreement. There has been presented to this
Council an Entitlement Amount Allocation Agreement (the
• •
Agreement) between the City, the Borrower and the City of
Ortonville, by which the City of Ortonville is authorized
to issue up to $1,500,000 principal amount of bonds under
the Act for the Project pursuant to the Entitlement Amount.
The form of the Agreement is approved, and the Mayor and
City Administrator are hereby authorized and directed to
execute and deliver the Agreement on behalf of the City,
with such variations, insertions and additions as are deemed
appropriate by the parties and approved by the City Attorney
and the City Administrator, which approval shall be conclusively
evidenced upon execution and delivery of the Agreement by
the City. The Mayor and City Administrator are further
authorized and directed to execute and deliver all such other
documents as may be necessary in connection with the issuance
by the City of Ortonville of bonds for the Project pursuant
to the Entitlement Amount hereby approved.
Adopted this 23rd day of October, 1984.
Mayor
Attest:
• City Administrator
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 the resolution was declared duly passed and adopted
and was signed by the Mayor which was attested by the City
Administrator.
E
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ENTITLEMENT AMOUNT ALLOCATION AGREEMENT
THIS ENTITLEMENT AMOUNT ALLOCATION AGREEMENT (the
"Agreement "), between the City of Hutchinson, Minnesota
( "Hutchinson "), a municipal corporation and political subdivision
of the State of Minnesota, the City of Ortonville, Minnesota
( "Ortonville "), a municipal corporation and political subdivision
of the State of Minnesota, and Boundary Natural Gas Company
(the "Borrower "), a Minnesota corporation, provides as follows:
1. Recitals.
(A) Both Hutchinson and Ortonville are authorized
pursuant to Minnesota Statutes, Chapter 474, as amended (the
"Act "), to issue revenue bonds to defray, in whole or in
part, the costs of a "project" as defined in the Act.
(B) Hutchinson constitutes an "entitlement issuer"
under the Act and has been allocated an entitlement amount
of bond issuance authority under the Act for the 1984 calendar
year in the amount of $2,484,533 (the "Entitlement Amount ").
To retain the Entitlement Amount after August 31, 1984,
Hutchinson has submitted to the Minnesota Department of Energy
and Economic Development on or before September 1, 1984,
a letter which stated its intent to issue obligations pursuant
• to its Entitlement Amount before the end of the 1984 calendar
year, together with a deposit in the amount of 1% of the
Entitlement Amount.
(C) The Ortonville City Council has given preliminary
approval to a proposal that Ortonville issue its revenue
bonds under the Act in an amount not exceeding $2,000,000
to defray, in whole or in part, the costs to be incurred
in connection with the construction and installation of a
natural gas distribution system throughout Ortonville (the
"Project ") by the Borrower.
(D) In order to issue the Bonds it will be necessary
for Ortonville to have bond issuance authority under the
Act in an amount at least equal to the principal amount of
the Bonds which are issued.' To obtain the bond issuance
authority Ortonville is permitted to enter into an agreement
pursuant to Minnesota Statutes, Section 474.18, subdivision
4, with another municipality which is an entitlement issuer
under the Act, by which Ortonville would be authorized to
issue bonds pursuant to the entitlement issuance authority
allocated to such other municipality.
(E) Representatives of the Borrower have requested
that Ortonville be authorized to issue up to $1,500,000 principal
• amount of bonds under the Act for the Project pursuant to
0
a portion of the Entitlement Amount of Hutchinson, and that •
in evidence thereof and in accordance with Minnesota Statutes,
Section 474.18, subdivision 4, Hutchinson and Ortonville
enter into this Agreement.
Section 2. Representations of Hutchinson. Hutchinson
makes the following respresentations as the basis for its
undertakings herein:
(A) Hutchinson is an entitlement issuer under
the Act and as of the date hereof its remaining Entitlement
Amount which it has not allocated to any person or project
is in excess of $1,500,000.
(B) The execution and delivery of this Agreement
and the performance of all covenants and agreements of Hutchinson
contained herein have been authorized by a resolution of
the Hutchinson City Council.
Section 3. Representations of Ortonville. Ortonville
represents as the basis for its undertaking herein that the
execution and delivery of this Agreement and the performance
of all covenants and agreements of Ortonville contained herein
have been authorized by a resolution of the Ortonville City
Council.
Section 4. Representations of Borrower. The Borrower •
represents as the basis for its undertakings herein that
the execution and delivery of this Agreement and the performance
of all covenants and agreements of the Borrower contained
herein have been duly authorized by proper corporate action
of the Borrower.
Section 5. Authorizations. Ortonville is hereby
authorized on or prior to December 31, 1984 to issue up to
$1,500,000 principal amount of revenue bonds under the Act
for the Project pursuant to the Entitlement Amount. Hutchinson
agrees that it will not take any actions or issue bonds under
the Act the effect of which is to reduce the Entitlement
Amount to an amount less than $1,500,000.
Section 6. Deposit. Upon the execution hereof,
the Borrower will pay to Hutchinson the amount of $15,000,
which is the amount which has been paid by Hutchinson to
the Minnesota Department of Energy and Economic Development
to retain that portion of the Entitlement Amount reserved
to the Project. If requested by the Borrower, Hutchinson
will return all or a portion of the Entitlement Amount reserved
for the Project to the Minnesota Department of Energy and
Economic Development. Upon filing of this Agreement with
the Minnesota Department of Energy and Economic Development
(the "Department ") in accordance with Section 8 hereof, $15,000
of the application deposit paid by Hutchinson will be credited
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•
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to Ortonville in accordance with rules promulgated by the
Department. Ortonville agrees to pay to the Borrower any
portion of the application deposit credited to Ortonville
by the Department which is paid by the Department to Ortonville
upon return of the allocation to the Department or the issuance
of the Bonds or any combination thereof.
Section 7. Fees and Expenses. The Borrower hereby
agrees to reimburse Hutchinson and Ortonville for all reasonable
and necessary direct out -of- pocket expenses which Hutchinson
or Ortonville may incur in the execution of this Agreement
and the performance of their obligations hereunder.
Section 8. Filing of Agreement. Ortonville shall
cause a copy of this Agreement, together with a certified
copy of the resolution adopted by the Ortonville City Council
on September 4, 1984, giving preliminary approval to the
Project, to be filed with the Department on or before October
31, 1984.
IN WITNESS WHEREOF
into this Agreement this
(SEAL)
(SEAL)
the parties hereby have entered
day of October, 1984.
CITY OF HUTCHINSON, MINNESOTA
By
Mayor
And
City Administrator
CITY OF ORTONVILLE, MINNESOTA
By
Mayor
And
City Clerk
BOUNDARY NATURAL GAS COMPANY
• By
C�
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CERTIFICATION OF MINUTES RELATING TO
INDUSTRIAL DEVELOPMENT REVENUE BONDS
(BOUNDARY NATURAL GAS COMPANY PROJECT)
Issuer: City of Ortonville, Minnesota
Governing body: City Council
Kind, date, time and place of meeting: A regular meeting,
held on 1984, at o'clock .M. at the City
Hall.
Members present:
Members absent:
Documents Attached:
Minutes of said meeting, including:
RESOLUTION RELATING TO A PROJECT UNDER
THE MUNICIPAL INDUSTRIAL DEVELOPMENT
ACT AND BOND ISSUANCE AUTHORITY ALLOCATED
TO THE CITY OF HUTCHINSON, MINNESOTA;
AUTHORIZING THE ISSUANCE BY THE CITY
OF BONDS PURSUANT TO SUCH AUTHORITY,
PROVIDING FOR PAYMENT OF COSTS INCIDENT
THERETO AND APPROVING THE EXECUTION OF
DOCUMENTS NECESSARY THEREFOR
I, the undersigned, being the duly qualified and
acting recording officer of the public corporation issuing
the obligations referred to in the title of this certificate,
certify that the documents attached hereto, as described
above, have been carefully compared with the original records
of said corporation in my legal custody, from which they
have been transcribed; that said documents are a correct
and complete transcript of the minutes of a meeting of the
governing body of said corporation, and correct and complete
copies of all resolutions and other actions taken and of
all documents approved by the governing body at said meeting,
so far as they relate to said obligations; and that said
meeting was duly held by the governing body at the time and
place and was attended throughout by the members indicated
above, pursuant to call and notice of such meeting given
as required by law.
WITNESS my hand officially as such recording officer
this day of October, 1984.
(SEAL)
Signature
Donald Geier, City Clerk
Name and Title
E
Member
resolution and moved its adoption:
introduced the following .
RESOLUTION RELATING TO A PROJECT UNDER
THE MUNICIPAL INDUSTRIAL DEVELOPMENT
ACT AND BOND ISSUANCE AUTHORITY ALLOCATED
TO THE CITY OF HUTCHINSON, MINNESOTA;
AUTHORIZING THE ISSUANCE BY THE CITY
OF BONDS PURSUANT TO SUCH AUTHORITY,
PROVIDING FOR PAYMENT OF COSTS INCIDENT
THERETO AND APPROVING THE EXECUTION OF
DOCUMENTS NECESSARY THEREFOR
BE IT RESOLVED by the City Council of the City
of Ortonville, Minnesota (the City), as follows:
1. Recitals. This Council has given preliminary
approval to a proposal that the City issue revenue bonds
under Minnesota Statutes, Chapter 474 (the Act), in the maximum
aggregate amount of $2,000,000 (the Bonds) to finance a project
under the Act (the Project) on behalf of Boundary Natural
Gas Company, a Minnesota corporation, (the Borrower). Prior
to the issuance of the Bonds it will be necessary for the
City to obtain bond issuance authority under the Act for
the Project. This Council has been informed that the City
of Hutchinson, Minnesota (the City of Hutchinson), is an
"entitlement issuer" under the Act and has been allocated
an entitlement amount of bond issuance authority under the
Act for the 1984 calendar year in the amount of $2,484,533.
Because the City of Hutchinson does not reasonably expect
to issue bonds pursuant to the Act in the 1984 calendar year
in an aggregate amount equal to its bond issuance authority,
the City of Hutchinson is willing to permit the City to issue
up to $1,500,000 principal amount of bonds under the Act
for the Project pursuant to the City of Hutchinson's bond
issuance authority, upon the City of Hutchinson being reimbursed
by the Borrower for all costs and expenses incurred in connection
with such allocation and transfer.
2. Determinations. This Council hereby determines
that the issuance of the Boffds pursuant to bond issuance
authority of the City of Hutchinson thereto in order to finance
the Project is in the best interests of the City, and hereby
approves the authorization of such issuance by the City Council
of the City of Hutchinson. Such determination and approval
is conditional upon the Borrower's paying all costs and expenses
of the City and of the City of Hutchinson with respect thereto,
including, without limitation, the amount of $15,000, which
is equal to the deposit paid by the City of Hutchinson to
the Minnesota Department of Energy and Economic Development
to retain after August 31, 1984 such portion of the City
KI
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0
of Hutchinson's bond issuance authority to be allocated to
the City.
3. Agreement. There has been presented to this
Council an Entitlement Amount Allocation Agreement (the
Agreement) between the City, the Borrower and the City of
Hutchinson, by which the City is authorized to issue bonds
in an aggregate amount of $1,500,000 under the Act for the
Project pursuant to the City of Hutchinson's bond issuance
authority under the Act. The form of the Agreement is hereby
approved, and the Mayor and City Clerk are hereby authorized
and directed to execute and deliver the Agreement on behalf
of the City, with such variations, insertions and additions
as are deemed appropriate by the parties and approved by
the City Attorney and City Clerk, which approval shall be
conclusively evidenced upon execution and delivery of the
Agreement by the City. The City Clerk is hereby authorized
to file a copy of the Agreement and a certified copy of the
resolution adopted by the City Council on September 4, 1984,
giving preliminary approval to the Project with the Minnesota
Department of Energy and Economic Development on or before
October 31, 1984. The Mayor and City Clerk are further
authorized and directed to execute and deliver all such other
documents as may be necessary in connection with the issuance
by the City of the Bonds for the Project pursuant to the
City of Hutchinson's bond issuance authority under the Act.
Attest:
Adopted this day of October, 1984.
Mayor
City Clerk
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 the resolution was declared duly passed and adopted
and was signed by the Mayor which was attested by the City
Clerk.
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•
RICHARD A. PETERSON
ATTORNEY AT LAW
October 18, 1984
Hutchinson Utilities Commission of
the City of Hutchinson
225 Michigan Street
Hutchinson, MN 55350
City of Hutchinson
City Hall
37 Washington Avenue West
Hutchinson, MN 55350
Gentlemen:
• TELEPHONE (6121 597-1420
116 MAIN STREET SOUTH
P.O. SOX 85
HUTCHINSON. MINNESOTA 35950. 1
0
D
e��
Inquiry has been made regarding whether any conflicts of interest
occur as a result of the involvement of Eugene "Bud" Daggett in
,,occur
Natural Gas Company, Inc.
FACTS
Eugene "Bud" Daggett is a commissioner of the Hutchinson Utilities
Commission of the City of Hutchinson (HUC) . The Commission consists
of three commissioners, all appointed for a six -year term by the City
Council.
The Commission has "full, absolute, and exclusive control of and power
over" the City's electric and gas operations.
Rufus Alexander is general manager and an employee of HUC, hired by
the Commission.
Boundary Natural Gas Company, inc. (BNG), is a private business corpo-
ration. Rufus Alexander is a 25 percent shareholder. Bud Daggett's
family is a 25 percent shareholder. Persons affiliated with Northern
Natural Gas are owners of the remaining 50 percent.
Rufus Alexander and Bud Daggett are officers of BNG and active in its
management.
Boundary Natural Gas Company, Inc., has obtained and expects to own
and operate natural gas franchises in the Cities of Clear Lake,
Dig Stone City, and Milbank, all in South Dakota; and from the City
of Ortonville, in Minnesota.
q -,&
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Hutchinson Utilities Commission of
the City of Hutchinson
City of Hutchinson
Page 2
October 18, 1984
QUESTION
Whether any conflicts of interest are created as a result of Daggett's
interest in and activities on behalf of Boundary Natural Gas Company, Inc.
DISCUSSION AND OPINION
The first question which comes up is: Does the mere existence of the
outside business relationship with Alexander and in BNG constitute a
conflict?
The general rule is that any official who has a personal pecuniary
interest that may conflict with the public interest in considering
an official action is generally disqualified from participating in
the action.
"The purpose behind the creation of a rule which would dis-
qualify public officials from participating in proceedings
in a decision - making capacity when they have a direct interest
in its outcome is to insure that their decision will not
be an arbitrary reflection of their own selfish interests.
There is no settled general rule as to whether such an
interest will disqualify an official. Each case must be
decided on the basis of the particular facts present. Among
the relevant factors that should be considered in making
this determination are: (1) The nature of the decision
being made; (2) the nature of the pecuniary interest;
(3) the number of officials making the decision who are
interested; (4) the need, if any, to have interested persons
make the decision; and (5) the other means available, if any,
such as the opportunity for review, that serve to insure
that the officials will not act arbitrarily to further their
selfish interests." Lenz vs. Coon Creek Watershed District,
(1967) 278 Minn. 1, 153 N.W. 2nd 209.
It is stated in "Official Conflict of Interest," 140a.3, revised
November, 1978, published by the League of Minnesota Cities, that:
"When there is such a disqualifying personal interest,
the action is not necessarily void, however in contrast
to the rules regarding conflict of interest as applied to
contracts, the official action may still be taken validly
if the disqualified official does not participate, and
the action is approved by the requisite number of non -
interested votes." .
• 9
Hutchinson Utilities Commission of
the City of Hutchinson
• City of Hutchinson
Page 3
October 18, 1984
It does not appear that the personal pecuniary interest of Daggett
resulting from the outside business relationship with Alexander and
from his interest in BNG conflicts with the public interest in the
regular, routine, and on -going business matters of HUC.
Daggett can exercise his supervisory role over Alexander at HUC even
though they are "business partners" in an outside business.
The second question which comes up is: what happens if a conflict
does arise?
In the event a matter or action does come before the Commissioners in
which it appears that the personal pecuniary interest of Daggett
resulting from his relationship with Alexander or his interest in BNG
conflicts with the public interest, then he is disqualified from
participating in and voting on the matter. The Commission consists
of three members. The remaining two members constitute a quorum and
can act on matters which involve a conflict as far as Daggett is
concerned.
Ve ruly yours
Richard A. Peterson
RAP /jes
i
October 4, 1984
9
league of minnesota cities
TO: Mayors, Manager, and Clerks
FROM: Stan Peskar, General Counsel
RE: PERA -- Appointment of John Allers
Attached are several newspaper articles that express my concern about the
appointment of John Allers as interim director of PERA.
I think that cities and city employees should be very concerned about the lack
of an open and above board appointment process and that the executive
directorship of PERA has been turned over to an individual without even a
minimal investigation into his qualifications to meet the requirements under
PERA policies. Certainly, by industry standards, Mr. Allers is not at all
.qualified. This appointment, even in the interim, is not in the best interest
of PERA or its members.
Also attached is a copy of our complaint against the PERA Board members who we
feel violated the Open Meeting Law. We will also pursue actions which we feel
violate the fiduciary responsibility of Board members who have supported the
Allers appointment.
Additionally, the League of Minnesota Cities Board, at its next meeting, will
consider a resolution requesting a legislative review of PERA. Your city's
assistance would be helpful in several ways:
Cc37 1) Post copies of the newspaper articles in several areas: lounge areas
4v.plo�ers or on bulletin boards used for employee information dissemination or
e_12_g use other appropriate methods of communication. Employees may want to
write individually or cojlectively petition PERA, the legislature, and
the governor for an investigation and other action.
2) Ask the city council to pass a resolution similar to the sample
enclosed or write a letter expressing concern.
3) Mail your resolution or letter to the Governor, area legislators,
PERA, LMC and the chairman of the Pension Commission, the chairman of
the House Subcommittee on Pensions and Investments, and the chairman
of the Senate Governmental Operations Committee. (See attached
addresses.)
• I want to thank you for your immediate attention to this matter.
SP: 1W -HOVER
I b0 university avenue east, at. paul, minnesota 551 01 CS 21 227- 560C}�
r.
0
0
SAMPLE RESOLUTION
RESOLUTION #_
RESOLUTION ON THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
WHEREAS, Most of the employees of the city of
belong to the Public Employees Retirement Association; and
WHEREAS, A number of Public Employees Retirement Association Board members
have raised significant questions relating to PERA Board election procedures,
to the appointment process used to hire an interim Executive Director of the
Public Employees Retirement Association, as well as other administrative
matters; and
WHEREAS,the present method for electing PERA board members results in
electing only those with such financial backing as to permit expensive mailed
information campaigns, permitting a single organization or individual to
determine board membership; and
WHEREAS, greater diversity on the board would assure that decisions of
that body are better considered; .
NOW THEREFORE BE IT RESOLVED that the city council of >
Minnesota, requests the following actions:
1. That the legislature conduct an investigation into PERA Board
election practices and also into the administration of PERA.
2. That the legislature consider amending the statutes which determine
the method by which the PERA board is constituted to provide that three fewer
members shall be elected by the PERA general membership and three additional
members shall be appointed by the governor from among non PERA member citizens
of Minnesota.
3. That immediate action be taken to remove the interim Executive
Director and to provide for an open process to select a Public Employees
Retirement Association Executive Director.
Adopted by the Council on
Attest
City Clerk
Mayor
E
(612) 587 -5151
' �$g10 fl T2131A�
%HUTCH CITY OF HUTCHINSON
OCT 1984
37 WASHINGTON AVENUE WEST a J% E
HUTCHINSON, MINN. 55350 n P,
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October 11, 1984
Mayor Robert Stearns and the
Hutchinson City Council
RE: Liquor License for T. L. Scalawags, Inc.
Dear Mayor Stearns:
On March 21st of 1984 I contacted you by letter
concerning the propriety of T. L. Scalawags, Inc. using its
on -sale liquor license to serve alcoholic beverages in Crow
River Lanes. At that time I stated, "I do not feel that
issuance of a license which would allow or permit the sale of
intoxicating liquors directly to patrons of Crow River Lanes
would be appropriate since T. L. Scalawags, Inc. and Crow River
Lanes are two separate establishments under individual proprie-
torship." Since the practice was of long standing duration, I
contacted the Attorney General's Office in order to obtain a
formal opinion on this matter. I am enclosing a copy of the
April 27, 1984 letter to the Attorney General's Office for your
files.
On October 3, 1984 I received an opinion from Linda F.
Close, Special Assistant Attorney General, indicating that T. L.
Scalawags' liquor license could not be utilized to sell and
dispense alcoholic beverages to patrons in Crow River Lanes nor
would they be permitted to do so if T. L. Scalawags, Inc. and
Crow River Lanes shared common ownership or common management.
I am enclosing a copy of the Attorney General's opinion for your
records.
Given the Attorney General's opinion, I feel that the
city can no longer permit the sale of alcoholic beverages to
patrons of Crow River Lames by T. L. Scalawags. I would request
that this matter be placed on the agenda for the October 23rd,
1984 council meeting. At that council meeting, it is my
recommendation that the liquor license issued to Mr. Dolder be
amended to provide for sale only on the premises of T. L.
Scalawag's Inc. The window between the two businesses would also
be required to be closed.
If you or any member of the council has a question
concerning this matter, please feel free to contact me directly.
Sin rely yours,
JHS:d1p By/
Ja es H. Schaefer
Enclosures Hutchinson City Attorney
cc Thomas Do
Crow River L
River Lanes L,�
OBERI' H. HUMPHREY, 111
AT- FORNLY OFNERAI.
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STATE OF MINNI:SMA
OFFICK OR TUE A'1 "1'11NYI V GI :N" NI
5T. PA 1'I. 5.Mir
October 3, 1984
James H. Schaefer
Hutchinson City Attorney
37 Washington Avenue West
Hutchinson, MN 55350
Dear Mr. Schaefer:
In your letter to Attorney General Hubert H
you have presented the following facts:
AUURI NN ki N Y TO
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I1.111910NF 161 .1)2%' 71
Humphrey, III,
The City of Hutchinson, Minnesota has issued an "on- sale"
liquor license to Mr. Thomas Dolder for his restaurant,
T. L. Scalawags, Inc., which is located in Hutchinson.
T. L. Scalawags, Inc. is a restaurant as defined by Minn.
Stat. § 340.07, subd. 14. T. L. Scalawags, Inc. is located in
g& a building owned by Mr. Dolder which also houses Joe's Sports
Shop and Crow River Lanes, a bowling alley. The two latter
businesses are leased from Mr. Dolder and are individually
managed and run as separate business enterprises by persons
other than Mr, Dolder. When T. L. Scalawags, Inc. was first
issued its "on- sale" liquor license, the license provided in
relevant part:
"1. License shall cover the Hutch Bowl (now Crow River
Lanes, except game room.
2. Hutch Bowl shall terminate it's 3.2 beer license."
Under these provisions, T. L. Scalawags, Inc. has been
selling and dispensing intoxicating liquor and strong beer
to patrons of Crow River Lanes. Drink orders are taken from
patrons of bowling alley and the beverages are passed through
an opening in a wall that is common to both T. L. Scalawags,
Inc. and Crown River Lanes. The drinks are paid for and
consumed on the premises of Crow River Lanes. Crow River
Lanes shares in a portion of the receipts of the sales of
these alcoholic beverages with the balance retained by
T. L. Scalawags, Inc.
AN EQUAL OPPORTUNITY EMPLOYER
F
James H. Schaefer
Page 2
October 3, 1984
Based on these facts you then have asked the following
questions:
1. Given the above - described factual situation, may the
T. L. Scalawags, Inc. liquor license be utilized to sell and
dispense alcoholic beverages to patrons of Crow River Lanes?
2. If the answer to question No. 1 is in the negative,
would the response change if T. L. Scalawags, Inc. and Crow
River Lanes shared common ownership or common management?
1. Your first question is answered in the negative.
Minn. Rules pt. 7515.0430, subp. 3 (1983) provides that no
intoxicating liquor license shall be granted for any premises
with inside access to another business establishment unless
the combination is permitted by Minn. Rules pt. 7515.0420
and the Intoxicating Liquor Act. For fourth class and
statutory cities of less than 10,000 persons, "on- sale" liquor
licenses in combination with other businesses are prescribed
in Minn, rules pt. 7515.0420(A) to include hotels, clubs,
restaurants, or exclusive liquor stores. An exclusive liquor
store is an
"establishment used exclusively for the sale of
intoxicating liquor at retail and under control
of an individual owner or manager and as
incident thereof . . . may offer recorded or
live entertainment and make available
coin- operated amusement devices. An exclusive
liquor store includes an on -sale establishment
operating a restaurant or selling food for
consumption on the premises "
Minn. Stat. § 340.07, subd. 13 (1982).
Under this definition, one license can be issued for a
combination business only if the combination is owned or managed
by one individual. Therefore, since T. L. Scalawagsv Inc. and
Crow River Lanes are neither jointly owned nor managed, the
license issued to T. L. Scalawags, Inc. and held by Mr. Dolder
cannot be utilized to sell or dispense alcoholic beverages to
patrons of Crow River Lanes. Further, consistent with this
interpretation, inside access from the restaurant to the bowling
alley makes issuance of a license to Mr. Dolder inappropriate.
See Op. Atty. Gen. 318 -g -6 (Mar. 30, 1959).
0
0
James H. Schaefer
Page 3 •
October 3, 1984
2. Your second question is also answered in the negative.
Minn. Rules pt. 7515.0420 permits inside access between
establishments under the control of an individual owner or
manager only if the establishments comprise a combination
permitted by Rule 7515.0420(A). A bowling alley does not
appear to fall within the definition of hotel, club, restaurant
or exclusive liquor store as provided in the rule. Therefore,
sales of liquor from the restaurant to the bowling alley may
not be made.
Very truly yours,
LINDA F. CLOSE
Special Assistant
Attorney General
Public Safety
Litigation Division
(612) 296 -7580
LFC:pi
Y I
I
(612) 587.5151
f1UTlH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUrCHINSON, MINN. 55350
April 27, 1984
The Honorable Hubert H. Humphrey, III.
Attorney General
102 Capitol Building
St. Paul, MN 55155
RE: issuance of the Municipal On -Sale Liquor Licenses
Dear Attorney Genaral.Humphrey:
The city of Hutchinson has issued an "On -Sale" Liquor
license to Mr. Thomas Dolder for the premises described as
"T. L. Scalawags, Inc. ", Highway 7 West, Hutchinson, Minnesota.
There is no question that T. L. Scalawags, Inc. is a restaurant
as defined by Minnesota Statutes 340.07 Subd. 14 and that it
is eligible for an "On -Sale" liquor license under the provision
of Minnesota Statute 340.11 Subd. 11. T. L. Scalawags,Inc. is
located in a building owned by Mr. Thomas Dolder, holder of
T. L. Scalawags, Inc. liquor license. In addition to T. L.
Scalawags, Inc. Mr. Dolder's building houses Joe's Sports Shop,
a sporting good store and Crow River Lanes, a bowling alley.
Joe's Sport Shop and Crow River Lanes are leased from Mr. Dolder
and are individually managed and run as entirely separate
business entities. Neither Mr. Dolder nor the management of
T. L. Scalawags, Inc. participate in the management or control
of Joe's Sports Shop or Crow River Lanes. When T. L. Scalawags,
Inc. was first issued its "an -Sale" liquor license, the license
provided that:
"1. License shall cover the Hutch Bowl (now Crow River
Lanes), except the game room.
2. Hutch Bowl shall terminate its 3.2 beer license.
3. Whenever drinks are consumed in the bowling alley
proper, licensee shall employ someone to monitor the activity
in the bowling alley to insure that no minors are consuming liquor
therein."
Under the provisions of those conditions T. L. Scalawags,
Inc. has been selling and dispensing alcoholic beverages and
•strong beer to patrons of Crow River Lanes. This is accomplished
by having orders taken from patrons of'Crow River Lanes and the
beverages passed through an opening in a wall that is common to
C --0 •
The Honorable Hubert H. Humphrey, III.
April 27, 1984
Page Two
both T. L. Scalawags, Inc. and Crow River Lanes. The alcoholic
beverages are paid for and consumed on the premises of Crow
River Lanes. Crow River Lanes shares in a portion of the receipts
of the sales of these alcoholic beverages with the balance
retained by T. L. Scalawags, Inc.
I raise the following questions:
1. Given the above- described factual situation, may
T. L. Scalawags, Inc. liquor license be utilized to sell and
dispense alcoholic beverages to patrons of Crow River Lanes?
2. If your answer to question number one is in the
negative, would your response change if T. L. Scalawags, Inc.
and Crow River Lanes shared common ownership or common manage-
ment?
JHS:dlp
cc: Tom Dolder
Crow River Lanes
Sincerely yours,
SCHAEFER LAW OFFICE
By/
James H. Schaefer
Hutchinson City Attorney
t r
11
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M E M O R A N D U M
DATE:
0
October 18, 1984
TO: Mayor and City Council
FROM: Gary D. Plotz, City Administrator
------------------------------
SUBJECT: Deferred Special Assessment of George & Ruth Luthens -
------------------------------
Income Limits
George Luthens has contacted me regarding his financial hardship, specifically
his total income plus his accumulated savings of $13,000 is rapidly being used
up because his wife is seriously ill in Burns Manor Nursing Home. He says the
cost to maintain her is $16,800 per year, and that his combined income between
their social security and pension is $10,860.
George requests favorable consideration of the City Council in the interpre-
tation of his available annual income from all sources. He actually has a
negative cash flow of $5,940 after the expenditure for Burns Manor.
The assessment of $842.75 for storm sewer would be a severe hardship on him.
Again, he requests favorable interpretation of his annual income from all
sources.
/ms
/(672) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
August 27, 1984
George H. & R. Luthens
225 So. Hassan St.
Hutchinson, MN 55350
This will certify that there is due the sum of $842.75 for RECONSTRUCTION OF
STORM SEWER
ASSESSMENT ROLL NO. 181
Parcel No. 06- 116 -29 -03 -1010
Property Description: Lot 8, Blk. 26, S 1/2 City
This assessment may be paid in full at the Office of the City Clerk with no
interest charged if payment is made by October 1, 1984•
Partial payments may be made initially, but in the event that a partial
payment is made or no payment is made before October 1, 1984, the unpaid
balance will bear interest at a rate of 8.4% per annum for the remaining 3
months of this calendar year. The amount of interest at the time of
certification will be an actual 10.5% of the principal amount (15 months at
8.4%). The amount of interest plus 1/10 of the principal sum unpaid will be
certified to the County Auditor for collection in the same manner as real
estate taxes.
In subsequent years, the amount certified each October will be 1/10 of the
original principal amount plus interest for the ensuing calendar year at the
rate of 8.4% of the unpaid balance.
The unpaid balance may be paid in full at the Office of the City Clerk at any
time prior to November 15th in any year. However, partial payments CANNOT be
accepted in any year after the dnitial certification.
Gary D. Plotz
City Administrator
0
0
4W TE OF MINNESOTA
County of
To:
APPLICA &I AND AUTHORITATIM FOR DELA PAYIENT OF TAX
Oil SP AL ASSESS'IEUS FOR SENIOR CIT ENS' HOlfESTE1lD
LATIS 1974, CHAPTER 206
Da to
Assessor of
I, the undersigned, declare under penalties of perjury:
County, Minnesota
That I reside at -2,2 S' HFfXrary ST t•ItJnl#,Vr 4-V 7M 1iu4.
19
That I am not less than 65 years of age and that the date of my birth is tqg V � Ige 9
That I am the owner of the property legally described as: T B L K_
That my interest in the ownership of the above property was acquired on Su L_ 19�
and is as follows:
1. Sole ownership (Enter yes, if applicable)
2. Joint tenancy, held with
3. Other undivided interest (Specify)
Wt on January 2, 19 •-$"- or June 1, 19 I o:raed and occupied the above property as my
stead and such occupancy began on ' C Q 19 15-/x
That the taxes for improvements on the special assessments duly adopted in ordinance by the
of n 1,4aca as of - Ivy a7 i9
which have been ai locafed agains,, the subject property would create undue personal hardship
on my behalf and I respectfully request that payment be delayed and that such taxes be so
deferred for-the years 19 to 19
Signed
i
I, Clerk of the of
in ounty, State of Minnesota, do hereby certify that t e applicatrc
of above named, has been duly revieti•:ed and that in accorc
ance with the minutes of official record in said chambers was duly Q APPROVED or Q DENIED
as of 19_
That in accordance with approval granted, that the taxes on the affiants subject property
levied for annual collection in the arount -of $ for the year(s)
should be so deferred with interest at the annua rate of until such trr;a as it is
0'ed the applicant no longer qualifies or the property loses its eligibility.
Dated I
_
(Clerk or Authorized Deputy
0 0
APPLICATION FOR DEFERRED SPECIAL ASSESSMENT BY PERSONS 65 YEARS
OF AGE OR OLDER FOR WHOM IT WOULD BE A HARDSHIP TO MAKE PAYMENTS
To the Mayor and Council, City of Hutchinson[ State of Minnesota.
t. Pv r_c, a [.0 7 A niS as owner- occupant of the
following daribed real estate situated in the City of Hutchinson.
LWAL OR TAXABLE D$SCRIPTIONS %_QT _ F', D LK . a 6 S �1
of zYurt A „vsew M l v jl
I -am 65 years or older and do ow and occupy above described real estate as
my homestead.
A special assessment in the amount of $ ?io?. 7.$ has* been made
commencing in the year // 7P Y— with interest at the. rate of ,?� 41 Z for
N, T?�I1 N1 S"j 1, 10r
(Kind of Special Assessment)
Such special assessment amount causes a hardship for me to make payment
thereof.
The folloving information vill help substantiate my . claim for deferral of
special assessments _
Annual income from all sources
Cash assets
Other assets
Estimate Value of Residence
Other Real or Personal Property
$ /01Cba
s Ald rJ
1}Q 00 0 .
3 a0U
I hereby request that above assessment of $ be
deferred as provided in Chapter 2069 Laws 1974] 68th Legislature, Second
Regular Session, M.S. 444.22 Through 444.24. - -
I hereby declare that the foregoing statements are true and I /we make app -
'licatiou for deferral of special assessments as outlined herein.
V
Applicant.
�yo?r�iS MANS
C0577IJ oa p t. �
p ��i S
AJ el-
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0
E
N LSA —LEAS{ For Score or Cnntm•r.Id eu11d1r L. ...
'Z* ckorrement, .Wwie [Au___. _.._. 1` _ ...... _day or:.— L4taber_.._...... 19_aA.
�y wd between .. tlu, ccnxD .IIRD...AF.fli._Cflet➢DBLDL_ .— ...- -..—.-- .-- -'--..___._.. -- —.........
...- -.._._ party of Me first part, Lesser
AyaltyesaaL.COiAOLation._ _.
party of the eseand part, Looses
F'ITNdSBB rB, That tM said party of the.4ret part, in consideration of the rowq Sued sow.
pants hereinafter mentioned, do hsraby Remiss, Lsar1 and Let unto the said party of the sesond
Part. and the said party of the second part do hereby hire and take from the said party o/ the first
part, the followinf described premised situated in the County o)..._ - -. McLeod ....... — .__ .................... ___
and State of... _ ....
MtaneHajtd...___.... —rris:
One North office space within the Hutchinson Area Chamber of Commerce leased
office space at 45 Washington Aveaue East, Suite 102, a space approximately
131 x 9Y.
TO HAVE AND TO HOLD, The Lead,maid, jue te Wq en, tekhmt cop li•liliry ea sblieelioo es tW pn et hrd Lmtm ai sehias
mF ehmlime, imFbeemhvu m rphin W •%' kud m w about Laid pnmiwL, br W um d 1 ewer
(not 5eOtember 1 HAA._ Im tk blbwioa "Maths, la.it:
Office space for the Executive Director and support services.
wd phyteg dbeesho tee tmt w Fifteen Hundred —_ pollen lt1, 500_00
AM IM YW lentee dee6 • ..et Y .1 the YY roe Is KW .eeWL w.. as myesea, Wraith 1fe . r
— Gl'25i01) •'shah"nW let YL et etYL eDeb eDLY(LLY
ermee er. W h' gee h eau cast, Suite ln2
.m fe.t Yb lean. wneea.m aWewefev rla premed, Sonde feoeraeeaWE Yrm.m.wl.m am.•r DD we.Y YemWLb waela leer
pewbWr doe Dubtn YYe em of Ye YorYeld Yrm arYYr pnrbue YemineYDn Ihereal Im Lq ma ••.YYLmeOmerdLead, Lm eYY
OInWe. nYmeDb vY em eeonq aeml Lm W.IYWe mebeeY YO•DW. Y Ye 4.e con Y• M YL N m[ InY h YW lemoe
Weed IDLWrLLneB btlee lour erl[Ynm[b Ylnp dLlL MIYeWYDInamY WelYM Of their YfWbebrwYLlW
•m mmuteeY.ow.r.lr>,e . or .Iph... hPdddmmnuuMah6ta- fh.,4 /1 year tatted hose..vusuwl.phereaeeumerr•e
Th.[.ad la.ee vw keep Yw prembeet eoomuepr to a eYt Wharf and «emeuete oteeUdo .IsWmles Ye. ebe.. AM will heap be
ed,tenh;, frooa em...'.ud yrcmnea._. ..... .he eau hte0 bls uou Dd. Y;fw. Il such W.., bap De Ordered to
,emue b, m hou'" ho,b.e,,. .Seal%"w.�5:. :u:,,= yeL�iFa�,iYx.Xiev]b ifYl4E6Yh5XY S xYti'1"" :c* mh.a . f....e .w m
Wo..oy YOUOIe Oe mrOeeLe. of ee lh.OneaYey ha .1 Ymeder Y he hold Oh YW M, ..U.
Tberblsre• Wml ....... oil eemy.Wo Wteoocr Wrt.L .m .W ml headed or mso., OOr OY.rlmmorY YILOYO..
w albs f Yn Yercol
emt.tboeohret.l,Kwleasur .nWY Lm.weed Y Y• bete of m. Yo.e. s.b Leese. XKXy2tYXX%1t%�edtY%Y %KiG %X""
lee rom.o[oe n;d ,dear tube oven of Y;. l.. ,.r.me..p.o,nm:pru•u.ur...omuoo er oo.eo.m o}aeu u.w mYS bn of tD. aelw.ue
r. he It, ..'d L.. c.pwr oritrmea. dew be padre or mthotea. feet, Yd to WWer of shot then are Meld lasuee does heref, authorize ba
muy empo tterr,df<ro, ,,their. am•rwthu l.YeKweoe am sure mter..a nee mr.Y,oe of..,epremue,ImmmduWy
.m.11. -11.. Ka, euYtt.... hrc O.-,lceeof InYOhoe bre2tYr.em,em�ee eu hu— em bmr uWhery tbemfrt0.•mw woe
mro..ndeve,r..,n eeeaune.m we.ou,ywon mmo. alretidlror mgd.emW,WW.br.00r•r . a ont.IWl •hd ez WOU.e poY.WOd ae al
.u.l r.w.ea p.. ...uem.rmpo.eeunnofeWe sure o,otwrdpemOf,or,ehwco Ym Leaor theireveet
Ott.. .1 en, ume.1111.ueh delaWt or noderlt t of o.tGUou or th, -nano. pane, Km YYe poelee[lOD Of dud pnmue. er tho .fucb 1trv04vr,nv
eoruee K lor1w1h..1 be reou r M Veld she be ht,eYO. Y Y eehl he eW lwwe for the f. bob hf,Wl lore
Lease cost may be renegotiated yearly. Lessee is subject to rental increases
that may be incurred by the Lessor due to their lease with the building
owner and other expenses that may incur.
Audit i. Mutually Agreed, Th.t w toe w.en.... Yrm..m aaeWUOr of aha le.r bw enerfd. appb b.m Demb Oloe W Oa....... .
.Jm,ouuaon.m ealeN.1 Rul ro.cemh. wruY here. r 1u Y Ye rboeou,e D.eur.w them.W,Y COUm.
In Testimony Wherrtoj, Both parties have hereunto set their hand, the day and year first
above written.
In Presence of
I'll 34
/' 14 GI Ir1
0
/r37 ( ) 587 -5151 ITY OF HUTCHINSON
WASHlNG7ON AVENUE WEST
HUTCHINSON, MINN , 55350
M E M O R A N D U M
DATE: October 10, 1984
TO: Mayor and City Council
------------------------------
FROM: Gary D. Plotz, City Administrator
------------------------------
SUBJECT: Installation of Transformer_ Pad On City Parking Lot
------ -- - - -- — — -- — — — — — — — — — — —
(Hazel Baseman Property]
Council approval is requested for installation of pad- mounted equipment
and a transformer pad on the northeast corner (5' X 18') of the Hazel Base-
man parking lot.
Installation will be in 1985.
/ms
q - (: -)-,
9
0
TH IS AGILE EM ENT, Made l hla _ l8_th -_day nf.__ October_ _- 19. 84_,
by and between__ 6fly €Stmen t_s_
._ party of the first pert, Lessor___, and Ci_ E Hutchinson
P arty of the second part, Lessee_
WITNESSETH, That the said party of the first part, in consideration of the rents and cove-
nants hereinafter mentioned, does. hereby Lease to the said party of the second part, and the said party
of the second part does_ hereby hire and take from the said party of the first part, the following des-
cribed premises situated in the County of McLeod and State of
Minnesota viz:
2,387 square feet being the North 31 feet of the West 77 feet of the
commercial building located at 305 Main Street South, on the premises
legally described as follows:
Lot 10 and the North half of Lot 9, Block 33, the South half of Hutchinson,
according to the map and plat thereof on file and of record in the office
of the County Recorder in and for McLeod County.
TO HAVE AND TO HOLD, The said premises just u they m, without any liability or obligation on the part of mid f mot_
of making any iteration, improvements or repairs of any kind on mahout said premium, for the tenn of six months
from November 1 , Ill A 4 for the following purposes, to- wit:
temporary library space
'paylagJbeaofor the ren[of�nn
thousand two hundred and no /100 - -- pollen (t 1.200.00 I
YTtIU J0' And - thesaid Lesme _ do£S— covenant to pay the mid rent in equal monthly payments in advance,
mr
IDwit:'I'he sum of One thousand two hundred and no /100------------ - - - - -- Dollar,
on or before the first day of every month during mid term at 30S Main AtrPef South
and that said Losses— will keep and maintain the said premises
timing the aforesaid term, and quit and deliver up the mid premises to the said Leamr peaceably and quietly at the end of the
mforwald term or at my previous termination thereof for my cause, in as good order and condition and state of repair,
reamemble use and wearing thereof and inevitable accidents excepted, u the same now am or may be put into by mid Lever.
Mammavv ACIkgtYRltltYXIXgfPPN] fggefYY] N1K4f011DM0eXa7MXif�KCPYMKiLKKd�NKtOK I&MMleAKNIXXXXYYXXX
XMta00kmXIX9kRdta90t Yse] laPtgKXllfafahNXgM[ atX0�PxKf6XYJC% a6Y0�PtimxatYmKiYmKm41 [gtklaXfiYXXX XX XXXXXX
�CalaHbXNsMYaFXKXetisK %% , _ 9'5
That said Lessee —will keep mid premises continually in a neat, clean and respectable condition, Wd will keep the side-
walk. I. front and along said premises cleare odf,d �pE grid i¢�ow, ar other ob.tructiom or objectionable thing. All aahas, garbage
and mrum of my kind u to be removed at $eYe$$! pentefhat said Lessee —will not allow my liquor, or beverage. of
an intoxicating nature or tendency to be sold on mid premises, or permit my gambling or other immoral practice therein.
The said teaamm will not make or allow my waste thereon or eery f an
ess d will not sexism or underlet mid premises or
any part thereof without the written convent of maid Lor_. Said also agrees to replace all glass broken on
mid premises during said term, and pay for all city water, YIIhXXd@gtCYXXIXXdet%rLXBdt used thereon during the term of
this lease, and not to use said premix. nor any pert thereof for any purpose called extra hazardous by insurance companies. i4
And if maid monthly payments, whether the same be demanded or not, are not paid when they become due: or if said
leased premises shall be appropriated to or used for any other purpose or use than is hereinbefore specified: or if my liquor,
gambling or my other immoral practices are allowed on acid premises, or any damage or waste shall be made thereon: or if
any part of mid premises shall be underlet or this lease be assigned without the written consent of said Lessor —as above
specified; or if my Semi, condition or covenant of this lease on the part of the said Lessee to be by said Lessee —kept or
performed, shall be violated or neglected, then the said Lessee— doe^ _ hereby authorize and fully empower said L or—
or agent to cancel and annul this lease at once and to reenter and take possession of said premises immedi.
ately and by forte if necessary, without my previous notice of intention to reenter, and remove all persons and their prop-
erty therefrom, and to use such force and assistance in effecting and perfecting such removal a said Lessor —may deem
advisable to recover at once full and exclusive poeumuion of all said leased premises, whether in possession of said Lexee-
or of third persona, or vacant; or mid Lessor —or agent —may at i t s option at my time after such
default or violation of condition or covenant, re-enter and take possession of said premises, without much re- entering working
a forfeiture of the rents to be paid and the covdhants to be kept by said Lessee —for the full tern of this lease.
• Lessor will pay for a reasonable amount of refuse removal.
*• Lessor shall also provide electrical metering for rental area; Lessee
shall pay for all electrical and gas bills.
See attachment for additional terms.
If the leased premises, building, or any part thereof, shall be partially damaged by rte, stones, earthquake or other casual-
ty not due to lessee's negligence or willful set or that of has employee, family, agent, or vuiten, the premises shall be promptly
repaired by lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which,
the leased premises may have been unterm table; but, if the leased premiums should be damaged other than by lemmas i negli-
gence or willful act or that of has employee, family, agent, or visitor, to the extent that lessor shall decide not to rebuild or
repair, the term of this lease shell end and the rent shall be prorated up to the time of the damage.
And it is Mutually Agreed, That all the covenants, terms and conditions of this [ewe shell extend, apply to and firmly
bind the heirs, personal representatives, successor, and mists of the respective parties hereto m fully m the respective parties
an, themselves bound.
I
(Continued on back)
• 0
In Testimony Whereof, Both parties have signed this lease this 18th day of
October ,19 84. B 6 Investments
By q 7L a_1_
City --of Hutchinson
By
By
&tate of Minnesota
County of McLeod
On this 18th day of nr thher A. D. 1984 before roe,
Marilyn J. Swanson a notary puhiir within and for said
County and State, personally appeared Larry Fraser
to me known to be the same persona
described in and who executed the foregoing instrument, and acknowledge that—the _y executed the
the same a their free act and deed. Q
MARILYN J. SWANSON
�, sar�ar rank- saraaeora
MEEKER COUNTY
4 eaaunY.b s.ss+Na . sa tsss
&tate of Minnesota
County of McLeod
On this day of , 1984 , before me,
a notary public within and for said County, personally appeared
Robert H. Steams and Gary D. Plotz
to me personally known, who, being each by me duly sworn they did my that they are respec-
tively the Mayor PYFH&M and the City Clerk of the corporation named
in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said cor-
poration, and that said instrument was signed and sealed in behalf of said corporation by authority of
its Rg City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and
deed of said corporation
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ATTACHMENT
Additional Terms:
1. This lease shall terminate on April 30, 1985, unless renewed on a
monthly basis by mutual agreement of the parties.
2. Lessee shall provide liability insurance regarding their use of
the property and hazard insurance regarding all personal property.
3. Lessee agrees to cooperate with Lessor if a permanent renter is
found for the building space east of the space being rented (this
additional unrented space may be used by the Lessee until such
time as a permanent tenant is found).
4. Lessor shall allow Lessee to use the
located in non - rented portions of th
that this arrangement is approved by
5. Lesse4 agrees to make no substantial
6. Lessor agrees to cement the existing
existing carpet and floor tile.
7. Lessor agrees to provide an entry to
of the rented property.
•
existing restroom facilities
a building with the understanding
the fire and building inspectors.
leasehold improvements.
floor opening and clean the
the Main Street (west) side
SUBDIVISION AGREEMENT
ORCHARD PARR FIRST ADDITION
• CITY OF HUTCHINSON, MINNESOTA
THIS AGREEMENT, made and entered into the day and year set forth
hereinafter, by and between Richard S Beatrice Schmidtbauer, 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 certain
subdivision known as Orchard Park First Addition, which is located in the City
of Hutchinson, 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 main, watermain,
storm sewer main, curb and gutter and gravel base has been installed
on Bradford Street approximately 100 feet south of the North line of
Blocks 1 and 2 and that sanitary sewer service leads and water service
leads have been installed to Lot 1, Block 1 and Lot 10 Block 2 of
• Orchard Park First Addition.
2. It is understood and agreed that the Subdivider will grade all lots to
elevations shown on the "Preliminary Plat" before a Building Permit is
issued to any lot in the plat and subcut the roadway one (1) foot
below finished grades or to a depth to remove all topsoil (black dirt)
as shown on the "Preliminary Plat" before extension of utilities, base
or curb and gutter is constructed.
3. It is understood and agreed that as of August 10, 1984, the balance of
the assessment for inplace improvements assessed to Lot 9, Block 1,
Schmidtbauer's Addition, amounts to $15,539.81, not including
interest. It is, also, understood and agreed, that $7,769.90 will be
reassessed to Lot 1, Block 1 and $7,769.91 will be reassessed to Lot
1, Block 2, all in Orchard Park First Addition.
4. The Subdivider hereby eetitions the City to construct, during the 1985
construction season, the watermain as shown on the plan submitted and
to assess only the cost of an 8" watermain on a front foot basis. The
assessable frontage for each lot is as follows:
Lot
Lot
Lot
Lot
Lot
. Fut
1,
2,
1,
2,
3,
are
Block
Block
Block
Block
Block
Plat —
1---------------- - - - - -- 55.46 Feet
1 ---------------------- 282.83 Feet
2--------- --- -- --- --- -- 2.72 Feet
2 ---------------------- 137.33 Feet
2 ---------------------- 133.22 Feet
---- ------------- - - -- -- 83.30 Feet
0
SUBDIVISION AGREEMENT
ORCHARD PARR FIRST ADDITION
CITY OF HUTCHINSON, MINNESOTA
PAGE 2
0
5. The Subdivider hereby petitions the City to construct water service
leads at the time the watermain is constructed, as follows:
Lot 1, Block 1---------------- - - - - -- None (Inplace)
Lot 2, Block 1---------------- - - - - -- 2 Inch
Lot 1, Block 2---------------- - -- --- None (Inplace)
Lot 2, Block 2---------------- - - - - -- 1 1/2 Inch
Lot 3, Block 2---------------- - - - - -- 1 1/2 Inch
and to assess the cost of each to the lot.
6. The Subdivider hereby petitions the City to construct, during the 1985
construction season, the sanitary sewer main as shown on the plan
submitted and to assess the cost on a front foot basis. The
assessable frontage to each lot is as follows:
Lot 1, Block
Lot 2, Block
Lot 1, Block
Lot 2, Block
Lot 3, Block
Future Plat-
---------------------- 52.74 Feet
1---------------- - - - - -- 282.83 Feet
2-- ---------- ---------- -0-
2 ---------------------- 137.33 Feet
2 ---------------------- 133.22 Feet
------- ---------- - - -- -- 83.30 Feet
7. The Subdivider hereby petitions the City to construct sanitary sewer
service leads at the time the main is constructed as follows:
Lot 1, Block 1---------------- - - - - -- None (Inplace)
Lot 2, Block 1---------------- - - - - -- 6 Inch
Lot 1, Block 2---------------- - - - - -- None (Inplace)
Lot 2, Block 2---------------- - - - - -- 4 Inch
Lot 3, Block 2---------------- - - - - -- 4 Inch
and to assess the cost of each to the lot.
8. The Subdivider hereby petitions the City to construct, during the 1985
construction season, the storm sewer main as shown on the plan
submitted, as well as, catch basins at the proposed low points on the
street and to assess the cost on a front foot basis. The assessable
frontage for each lot i5 as follows:
Lot 1, Block 1---------------- - - - - -- 30.64 Feet
Lot 2, Block 1 ---------------------- 282.83 Feet
Lot 1, Block 2---------------- - - - - -- -0-
Lot 2, Block 2 ---------------------- 115.05 Feet
Lot 3, Block 2 ---------------------- 133.22 Feet
Future Plat------------------- - - - - -- 83.30 Feet
rl
L
9. The Subdivider hereby petitions the City to improve Bradford Street, •
during the 1985 construction season, by shaping the sub -grade and
• •
SUBDIVISION AGREEMENT
ORCHARD PARK FIRST ADDITION
CITY OF HUTCHINSON, MINNESOTA
. PAGE 3
placing six (6) inches of gravel base during the 1985 construction
season and to assess the cost on a per front foot basis. The
assessable frontage for each lot is as follows:
Lot 1, Block 1---------------- ------ 68.46 Feet
Lot 2, Block 1 ---------------------- 282.83 Feet
Lot 1, Block 2---------------- - - - - -- 15.72 Feet
Lot 2, Block 2 ---------------------- 137.33 Feet
Lot 3, Block 2 ---------------------- 133.22 Feet
Future Plat------------------- - - - - -- 83.30 Feet
10. The Subdivider hereby petitions the City to construct curb and gutter
and additional gravel base on Bradford Street, during the 1986
construction season, and to assess the cost on a front foot basis.
The assessable frontage for each lot is the same as shown in Paragraph
9. The proposed finished grades are shown on the plat submitted.
11. The Subdivider hereby petitions the City to construct street surfacing
on Bradford Street, during the 1987 construction season or as soon as
feasible thereafter. The cost to be assessed on a front foot basis
and the assessable frontage for each lot is as follows:
Lot
. Lot
Lot
Lot
Lot
Futi
1,
2,
it
2,
3,
ire
Block 1 ---------------------- 176.86 Feet
Block 1 ---------------------- 282.83 Feet
Block 2 ---------------------- 120.80 Feet
Block 2 ---------------------- 137.33 Feet
Block 2 ---------------------- 133.22 Feet
Plat-- ----- ------------ - - - - -- 83.30 Feet
12. The Subdivider hereby waives all rights to a public hearing and appeal
for the cost of all the improvements petitioned for in Paragraphs 40
5, 6, 7, 8, 9, 10 and 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 the Parks and Playground
Contribution has been fulfilled by the platting of the "Park" in
Schmidtbauer's Second Addition.
14. All electrical and gas lines in easements that may have to be moved by
request of the property owner, will be done at said property owners
expense.
15. It is understood and agreed, that to fulfill City Policy, two trees
will be provided in the margin (boulevard) of 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 two trees per lot
and assess the properties in the subdivision, the cost less allowed
• 0
SUBDIVISION AGREEMENT
ORCHARD PARR FIRST ADDITION
CITY OF HUTCHINSON, MINNESOTA
PAGE 4
City's portion of said cost. Said installation to be included in the
last assessable improvement to be installed for the subdivision. 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.
16. This agreement shall be binding upon and extend to the heirs,
representatives, assigns and successors of the parties.
IN WITNESS THEREOF, the Subdivider has hereunto set his hand and seal
this day of , 1984.
q(� D SUBDIVIDER
Richard Schmidtbauer Beatrice Schmidtbauer
Approved by the City Council on the day of
Its Mayor
CITY OF HUTCHINSON
Its City
1984.
•
Patricia B. Spence
Mayor
Raymond H. Schulte
Cwti ll President
Thomas J. Manninen
City Adminlnntor
Robert J. Phillips
City Attomay
�I OC� is�'►
CO Q1M' Y
tD
r ZAJt
dtly&little falls
At the October 5, 1984 MCOOC meeting in St. Cloud, there was concern over
whether the Coalition of Outstate Cities has any authority to lobby or should
lobby on a Local Government Aid formula, as an affiliate of the LMC. Enclosed
for your review is correspondence from Tim Flaherty of Holmes & Graven with
four additional enclosures from Mr. Flaherty. Excerpts from the MCOOC By -Laws
establish clear intent:
. STATEMENT OF PURPOSE. "The purpose of the Minnesota Coalition of
Outstate Cities is to provide a vehicle for voluntary joint action to meet the
problems of mutual concern to the member cities... MCOOC will lobby on
specific issues of importance to the membership."
. APPEARANCE BEFORE LEGISLATIVE BODIES. The President, or representative
or representatives, may address legislative bodies on matters of concern to
the organization expressing the majority view. The president may select a
committee of sufficient size to adequately present an issue to the legislative
body so designated.
. AFFILIATION WITH LEAGUE OF MINNESOTA CITIES. The Minnesota Coalition
of Outstate Cities shall be affiliated with the League of Minnesota Cities and
shall participate in their programs as far as practical. The MCOOC will
"supplement and compliment the League of Minnesota Cities lobbying when
appropriate ".
The MCOOC By -Laws seem peripissive on retaining lobbying expertise,
individually or through joint agreements to lobby for Local Government Aids,
annexation or any other issues without violating MCOOC incorporation or By-
Laws or affiliation with the League of Minnesota Cities. Therefore, a
proposed enabling resolution for action at an October meeting is enclosed to
each MCOOC member city and will be reported on at the MCOOC's next regular
meeting at the oliday Inn - Capitol, St. Paul, at 10:00 a.m. October 26, 12fii�
At this October 26, 1984 meeting, Lhe Coa form ecide w her to:
jointly lobby for Local Government Aid revisions as up, individually
lobby or enter into other joint powers agreements, oo rely on the League
• of Minnesota Cities to do all lobbying and negotiating Local Government Aids.
Timing is important to organize and act quickly because of the need to develop
a program and begin lobbying right away!
PLEASE R.S.V.P. TO MY OFFICE ON YOUR ATTENDANCE AT THE 10/26 MCOOC MEETING.
AN EQUAL OPPORTUNITY EMPLOYER
City Offices
Laoodd ooffl1lndbergh
DATE:
October 9,
1984
IOO Northeast Seventh Avenue
Little Folls, Minnesota 56345
612/632 -2341
TO:
Minnesota
Coalition
of Outstate Cities
FROM:
Thomas J.
Manninen,
Secretary, MCOOC 17W
SUBJECT:
Minnesota
Coalition
of Outstate Cities Joint
Lobbying Efforts
At the October 5, 1984 MCOOC meeting in St. Cloud, there was concern over
whether the Coalition of Outstate Cities has any authority to lobby or should
lobby on a Local Government Aid formula, as an affiliate of the LMC. Enclosed
for your review is correspondence from Tim Flaherty of Holmes & Graven with
four additional enclosures from Mr. Flaherty. Excerpts from the MCOOC By -Laws
establish clear intent:
. STATEMENT OF PURPOSE. "The purpose of the Minnesota Coalition of
Outstate Cities is to provide a vehicle for voluntary joint action to meet the
problems of mutual concern to the member cities... MCOOC will lobby on
specific issues of importance to the membership."
. APPEARANCE BEFORE LEGISLATIVE BODIES. The President, or representative
or representatives, may address legislative bodies on matters of concern to
the organization expressing the majority view. The president may select a
committee of sufficient size to adequately present an issue to the legislative
body so designated.
. AFFILIATION WITH LEAGUE OF MINNESOTA CITIES. The Minnesota Coalition
of Outstate Cities shall be affiliated with the League of Minnesota Cities and
shall participate in their programs as far as practical. The MCOOC will
"supplement and compliment the League of Minnesota Cities lobbying when
appropriate ".
The MCOOC By -Laws seem peripissive on retaining lobbying expertise,
individually or through joint agreements to lobby for Local Government Aids,
annexation or any other issues without violating MCOOC incorporation or By-
Laws or affiliation with the League of Minnesota Cities. Therefore, a
proposed enabling resolution for action at an October meeting is enclosed to
each MCOOC member city and will be reported on at the MCOOC's next regular
meeting at the oliday Inn - Capitol, St. Paul, at 10:00 a.m. October 26, 12fii�
At this October 26, 1984 meeting, Lhe Coa form ecide w her to:
jointly lobby for Local Government Aid revisions as up, individually
lobby or enter into other joint powers agreements, oo rely on the League
• of Minnesota Cities to do all lobbying and negotiating Local Government Aids.
Timing is important to organize and act quickly because of the need to develop
a program and begin lobbying right away!
PLEASE R.S.V.P. TO MY OFFICE ON YOUR ATTENDANCE AT THE 10/26 MCOOC MEETING.
AN EQUAL OPPORTUNITY EMPLOYER
at Law
HOLMES
GRAVEN
R. WEAVER
DAVIDSON
LINDALL
LEFEVRE.JR.
, WERTHEIM
October 12, 1984
HOLMES k GRAVEN
CHARTERED
170 Pillsbury Center Minneapolis. MN 55412
(612)3394177
2200 Nontwesiern Financial Center. Bloomington. MN 55431
(612) 893 -9100
The Honorable Edward C. Gamradt
President
Minnesota Coalition of Outstate Cities
City Hall
Little Falls, MN
Dear Mr. Gamradt:
JEFFREY R. BRAUCNLE
RICHARD LELAND BROOKS
STEFANIE N. GALEY
DANIEL R. NELSON
BARBARA L. PORTWOOD
ROBERT J, DEIKE
MARK A. LINDGREN
LAURA R. KAISLER
CHRISTINE M. CHALE
MARY G. DOBBINS
Of Counsel:
KATHERINE M. HOLMES
Thank you for inviting Holmes & Graven to participate in the
October 5 meeting of the Minnesota Coalition of Outstate Cities.
. We enjoyed visiting with you and other representatives of
Coalition cities. Many of the Coalition cities have expressed an
interest in retaining Holmes & Graven to provide legislative
representation on issues related to property taxation and local
government aid (LGA). We believe cities in the Coalition need to
develop and begin lobbying a common position on these issues in
November.
Holmes & Graven is prepared to assist the Coalition in its
lobbying effort by providing professional lobbying services,
including computer, research and analysis services. The cost of
these services is estimated to be between $100,000 and $125,000.
Attachment 1 is a form resolution which authorizes cities to
contribute to the Coalition for lobbying activity an amount not
to exceed $.25 per capita,eor .108 of each city's LGA plus levy,
whichever is greater. However, no individual city shall be
required to contribute more than $10,000. Attachment 2 is a form
resolution for those cities that want to lobby and retain pro-
fessional lobbying services jointly with other cities even though
the Coalition decides it does not want to retain professional
lobbying services. Attachment 2 authorizes cities to enter into
a joint powers agreement which establishes a "Joint Board of
Outstate Cities" to lobby in the 1985 legislative session. The
Board is authorized to collect contributions from member cities
. in an amount not to exceed $.50 per capita or .208 of each city's
LGA plus levy, whichever is greater. However, no city shall be
required to contribute more than $20,000.
0
The Honorable Edward C. Gamradt .
October 12, 1984
Page 2
Attachment 3 provides each city with an estimate of its maximum
contribution authorized by the Attachment 1 resolution. The
maximum cost to each city under the Attachment 2 resolution is
the maximum amount shown on Attachment 3 doubled.
Attachment 4 contains our views on questions raised at the
October 5 meeting.
We look forward to working with the Coalition cities on these
property tax and LGA issues. Please share this letter with other
Coalition cities and let them know that they can call me for more
information prior to their City Council meetings if they think
that would be helpful.
Very truly yours,
'
FTT h . aerty
TPF:jes i
Enclosures
cc: Don Slater
Executive Director
League of Minnesota Cities
r
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ATTACHMENT 1
RESOLUTION AUTHORIZING PAYMENT
TO MINNESOTA COALITION OF OUTSTATE CITIES
TO BE USED FOR LEGISLATIVE REPRESENTATION SERVICES
WHEREAS, major changes to the property tax and state aid
systems will be considered in the 1985 State legislative session;
and
WHEREAS, changes to the property tax and State aid system
could have a major impact on the financial health of the city and
affect the ability of the city to provide essential services to
its residents; and
WHEREAS, changes to the property tax and State aid system
could substantially increase the property tax burden on taxpayers
within the city; and
WHEREAS, the City of can more effec-
tively promote and protect its interest and the interest of its
property taxpayers at the State legislature by joining with other
cities to develop and lobby a joint legislative program; and
WHEREAS, the City of is a member of the
Minnesota Coalition of Outstate Cities ( "Coalition "); and
WHEREAS, the Coalition at its meeting on October 5, 1984,
asked member cities to indicate whether or not they were willing
to contribute to the Coalition so that the Coalition could retain
professional legislative representation services, including com-
puter, research and analysis services; and
WHEREAS, pursuant to the Coalition's Articles of Incorpora-
tion, a majority vote of its members is required to approve an
assessment above membership dues; and
WHEREAS, effective legislative representation on property
tax and State aid issues requires professional services,
including computer, research and analysis services; and
WHEREAS, other cities and governmental units have retained
professional services to assist with legislative representation;
NOW, THEREFORE, be it resolved by the City of
that:
1. The City of hereby consents to the Coalition
retaining professional legislative services for the 1985
legislative session and agrees to pay an assessment for
1
0
0
these services of an amount not to exceed $.25 per capita or
.108 of the city's Local Government Aid plus property tax
levy, whichever is greater. However, the amount of the
assessment shall not exceed $10,000.00.
2. Subject to the limitations contained in paragraph 1,
the President of the Coalition shall notify each city in the
Coalition of the amount of its assessment. The assessment
shall be payable within one month after notice of the
assessment is received by the member city.
3. No assessment shall be made unless a majority of the
member cities of the Coalition adopt a resolution similar to
this resolution on or before November 9, 1984.
P,
K
0
i
0
• ATTACHMENT 2
RESOLUTION AUTHORIZING PAYMENT
TO MINNESOTA COALITION OF OUTSTATE CITIES
TO BE USED FOR LEGISLATIVE REPRESENTATION SERVICES
AND AUTHORIZATION TO ENTER INTO A JOINT POWERS AGREEMENT
WHEREAS, major changes to the property tax and state aid --
systems will be considered in the 1985 State legislative session;
and
WHEREAS, changes to the property tax and State aid system
could have a major impact on the financial health of the city and
affect the ability of the city to provide essential services to
its residents; and
WHEREAS, changes to the property tax and State aid system
could substantially increase the property tax burden on taxpayers
within the city; and
WHEREAS, the City of can more effec-
tively promote and protect its interest and the interest of its
property taxpayers at the State legislature by joining with other
cities to develop and lobby a joint legislative program; and
WHEREAS, the City of is a member of the
Minnesota Coalition of Outstate Cities ( "Coalition "); and
WHEREAS, the Coalition at its meeting on October 5, 1984,
asked member cities to indicate whether or not they were willing
to contribute to the Coalition so that the Coalition could retain
professional legislative representation services, including com-
puter, research and analysis services; and
WHEREAS, pursuant to the Coalition's Articles of Incorpora-
tion, a majority vote of its members is required to approve an
assessment above membership dues; and
WHEREAS, a majority of Coalition member cities may not want
to approve an additional assessment for legislative representa-
tion services; and
WHEREAS, effective legislative representation on property
tax and State aid issues requires professional services,
including computer, research and analysis services; and
. WHEREAS, other cities and associations of governmental units
have retained professional services to assist with legislative
representation;
1
•
NOW, THEREFORE, be it resolved by the City of .
that:
1. The City of hereby consents to the Coalition
retaining professional legislative services for the 1985
legislative session and agrees to pay an assessment for
these services of an amount not to exceed $.25 per capita or
.108 of the city's Local Government Aid plus property tax
levy, whichever is greater. However, the amount of the
assessment shall not exceed $10,000.00.
2 -.- Subject -t-o the limitations contained in paragraph 1,
the President of the Coalition shall notify each city in the
Coalition of the amount of its assessment. The assessment
shall be payable within one month after notice of the
assessment is received by the member city.
3. No assessment shall be made unless a majority of the
member cities of the Coalition adopt a resolution similar to
this resolution on or before November 9, 1984.
4. If a majority of Coalition member cities do not approve
a resolution authorizing the assessment described in para-
graph 1 on or before November 9, 1984, then appropriate city
officials are authorized to enter into the attached joint
powers agreement. •
2
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SUMMARY OF JOINT POWERS AGREEMENT
•
ARTICLE I:
Establishes a Joint Board of Outstate Cities.
ARTICLE II:
States purpose of Agreement, which is to jointly
develop legislative programs and protect and
promote the interests of member cities at the
State legislature.
ARTICLE III:
Defines terms used in the Agreement.
ARTICLE IV:
Allows any city which is a member of the Minnesota
Coalition of Outstate Cities to become a party to
the Agreement. Other cities may become members
upon approval by the Board.
ARTICLE V: Provides that the Agreement will become effective
upon approval of at least six cities and upon exe-
cution of a professional services agreement.
ARTICLE VI: Describes the powers and duties of the Board.
ARTICLE VII: Entitles each city to designate two members to the
Board.
ARTICLE VIII: Authorizes the Board to adopt bylaws governing its
procedures.
ARTICLE IX: Provides that the Board shall elect a Chairman, a
Vice Chairman and a Secretary /Treasurer and des-
cribes their duties.
ARTICLE X: Authorizes the Board to appoint an Executive
Committee and delegate authority to the Committee.
ARTICLE XI: Authorizes the Board to determine a contribution
to be paid by each city for Board activities in
the 1985 legislative session. The amount deter-
mined by the Board shall not exceed $.50 per
capita or :208 of a city's Local Government Aid
plus property tax levy, whichever is greater.
However, no city shall be required to pay more
than $20,000.
ARTICLE XII: Allows cities to withdraw from Agreement.
ARTICLE XIII: Provides that Agreement can be amended by a
majority approval of the member cities.
ARTICLE XIV: Provides that the Agreement terminates and assets
returned to member cities on August 1, 1985 unless
• extended by agreement of a majority of the member
cities.
NOTE: This summary is for information only and is not part of
the Joint Powers Agreement.
0 0
JOINT POWERS AGREEMENT
ARTICLE I
Joint Board of Outstate Cities; Formation
The participants in this Agreement are cities of the State
Of Minnesota. Pursuant to statutory authority granted in
Minnesota Statute 471.59, the Participants agree to establish a
joint board to be known as the Joint Board of Outstate Cities.
ARTICLE II
Purpose of Agreement
The purpose of this Agreement is to provide a structure and
opportunity for outstate cities to jointly develop legislative
programs on matters of mutual interest and, after evaluation of
State legislation proposed by others, promote and protect the
interests of member cities at the State legislature.
ARTICLE III
Definition of Terms
Section 1. Definitions. For the purpose of this Agreement,
the terms defined in this Article shall have the meanings given
them by this Article.
Section 2. "Board" means the organization created pursuant
to this Agreement.
Section 3. "Council" means the governing body of a Partici-
pant.
Section 4. "Members" means the persons appointed pursuant
to this Agreement to serve on the Board.
Section 5. "Executive Committee" means the committee
consisting of Members appointed by the Board.
Section 6. "Participants" means a City which has entered
into this Agreement.
ARTICLE IV
Additional Participants
• Any city which is a member of the Minnesota Coalition of
Outstate Cities may become a Participant and any other City may
become a Participant upon approval by the then Board.
1
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ARTICLE V
Effective Date
A city shall enter into this Agreement by duly executing a
copy of this Agreement and by filing such copy, together with a
certified copy of the authorizing resolution, with the City
Administrator of the City of Little Falls, but after the Board
Chairman is elected, such documents shall be filed with said
Chairman. This Agreement shall become effective upon approval of
at least six cities and upon execution of a professional services
agreement.
ARTICLE VI
Powers and Duties of the Board
Section 1. The powers and duties of the Board shall include
the powers set forth in this article.
Section 2. It may establish legislative programs embodying
proposed legislation and positions on proposed legislation.
Section 3. It may take such action as it deems necessary
and appropriate to accomplish the general purposes of this Agree-
ment.
Section 4. It may conduct such research and investigation
and take such action as it deems necessary, including participa-
tion and appearance in proceedings of any metropolitan,, State,
regulatory or legislative or administrative bodies, on any
proposed or existing law, bill or recommendation related to or
affecting any or all Participants.
Section 5. It may enter into any contracts deemed necessary
by the Board to carry out its power and duties, subject to the
provisions of this Agreement.
Section 6. It may contract with any of the Participants or
others to provide space, services.or materials on its behalf.
Any contracts let or purchases made shall conform to the require-
ments applicable to Minnesota statutory cities.
Section 7. It shall cause an annual, independent audit of
the books of the Board to be made and shall make an annual
financial accounting and report in writing to the Participants.
Its books and records shall be available for and open to examina-
tion by the Participants at all reasonable times.
0
Section 8. It may delegate authority to the Executive
Committee between Board meetings. Such delegation of authority
shall be by resolution of the Board and may be conditioned in •
such manner as the Board may determine.
Fa
0
0
• Section 9. It may exercise any other power necessary and
incidental to the implementation of its powers and duties.
ARTICLE VII
Board
Section 1. Each Participant shall be entitled to designate
two (2) Members. Each Member shall have one (1) vote. The
Council of each Participant shall appoint its two (2) Members, at
least one (1) of whom shall be an elected official from the
Council of the Participant or the Mayor of the Participant.
Section 2. Each Member shall serve until that Member's
successor is appointed and assumes his or her responsibilities.
Members shall serve at the pleasure of the Council appointing
them.
Section 3. A majority of the Members on the Board shall
constitute a quorum of the Board.
Section 4. A vacancy on the Board shall be filled by the
Council of the Participant whose position on the Board is vacant.
ARTICLE VIII
Meetings
Section 1. The Board shall hold an organizational meeting
at the time this Agreement becomes effective. At the organiza-
tional meeting, or as soon thereafter as it reasonably may be
done, the Board shall adopt bylaws governing its procedures
including the time, place and frequency of its meetings. Such
bylaws may be amended from time to time by the Board.
ARTICLE IX
Officers
Section 1. Number, Election, Qualifications. The officers
of the Board shall consist of a Chairman, a Vice Chairman and a
Secretary /Treasurer. Each'officer shall be elected by the Board
and shall hold office until the next annual meeting of the Board.
All officers shall be Members of the Board. Not more than one
(1) Member of a Participant shall be elected an officer during
the same term. Any officer who ceases to be a Member shall at
the same time cease to be an officer.
Section 2. Vacancies. A vacancy in any office because of.
disqualification, death or resignation shall be filled for the
unexpired portion of the term in the manner prescribed herein for
election to that office.
3
9 0
Section 3. Chairman; Vice Chairman. The Chairman shall •
preside at all meetings of the Board and shall perform all duties
incident to the office of Chairman and such other duties as may
be delegated by the Board. The Vice Chairman shall act as
Chairman in the absence of the Chairman.
Section 4. Secretary /Treasurer. The Secretary /Treasurer
shall be a Member who s a mem r- of the Executive Committee.
He /she shall be responsible for keeping a record of all of the
proceedings of the Board and Executive Committee. The
Secretary /Treasurer shall send written notice and material
pertaining to agenda items to each Member. He /she shall have
custody of the Board's funds, shall pay its bills, shall keep its
financial records and generally conduct the financial affairs of
the Board. The Secretary /Treasurer shall be responsible for such
other matters as shall be delegated to him /her by the Board.
Orders, checks and drafts of the Board shall require the signa-
tures of the Secretary /Treasurer and one (1) other Member from a
Participant other than that of the Secretary /Treasurer. In
conducting the Board's financial affairs, the Secretary /Treasurer
shall, at all times, act in accordance with generally accepted
accounting principles. The Secretary /Treasurer shall post a
fidelity bond or othr insurance in an amount on terms and with a
company approved by the Board. The Board shall bear the cost of
the bond or insurance. Said fidelity bond or other insurance
shall cover all persons authorized to handle funds of the Board. •
Any person may be engaged to perform such services under the
Secretary /Treasurer's supervision and direction when authorized
by the Board.
ARTICLE X
Executive Committee
Section 1. Qualifications. The Executive Committee shall
consist of Members appointed by the Board. The Board shall
appoint a Member as Chairman of the Executive Committee.
Section 2. Authority. The Executive Committee shall have
the authority to manage the property, affairs and business of the
Board between Board meetings, to the extent specifically
delegated by the bylaws or resolution of the Board, but at all
times shall be subject to the control and direction of the Board.
Section 3. Meetings. The Executive Committee shall meet at
least monthly at a time and placed to be determined by the
Executive Committee. Special meetings may be called by the
Chairman of the Executive Committee or by any other two (2)
members of the Executive Committee or by the Board.
0
4
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. ARTICLE XI
Financial Matters
Section 1. Participant funds may be expended by the Board
in accordance with the procedures established by law for the
expenditure of funds by Minnesota statutory cities. Orders,
checks and drafts must be signed by any two (2) of the officers.
Other legal instruments shall be executed with authority of the
Board by any two (2) officers.
Section 2. The financial contributions of the Participants
in support of the Board shall be based either on a participants'
population or its Local Government Aid plus its property tax
levy. To support Board activities for the 1985 legislative
session, each of the Participants shall pay to the Board an
amount determined by the Board not to exceed $.50 per capita or
.208 of the Participant's Local Government Aid plus property tax
levy, whichever is greater. The contribution shall be based on
the most recent data available as determined by the Board.
However, no Participant shall contribute more than $20,000.00 for
legislative activities related to the 1985 session. Unless
otherwise agreed upon by the Board, one -half of the contribution
shall be paid not later than one month after a city becomes a
Participant to the Agreement and the other half not later than
February 15, 1985. This amount may be used by the Board to
retain professional services, to prepare and disseminate informa-
tion, and to exercise any of the powers and perform any of the
duties authorized by this Agreement.
Section 3. Any Party may inspect and copy the Board books
and records at any and all reasonable times. All books and
records shall be kept in accordance with normal and accepted
accounting procedures and principles used by Minnesota statutory
cities.
ARTICLE XII
Withdrawal
Any Participant may withdraw from this Agreement by giving
notice to the Chairman of the Board. No financial benefit shall
inure to a Participant that withdraws from the Board nor shall
there by any reimbursement for any contribution made or required
of the withdrawn Participant by this Agreement.
ARTICLE XIII
Amendments
This Agreement may be amended only by written amendment
entered into by a majority of the then Participants to this
Agreement in the same manner as this Agreement is entered into
pursuant to Article V hereof.
5
0 0
ARTICLE XIV
Termination
Section 1. Duration of Agreement. This Agreement shall
terminate on August 1, 1985 unless extended by written agreement
of a majority of the then Participants. This Agreement may be
terminated earlier by written agreement of all the Participants.
Section 2. Distribution of Assets. Upon termination of the
Agreement, all remaining assets of the Board, after payment of
all obligations, shall be distributed among the Participants that
are Participants to the Agreement at the time of termination, in
proportion to their contributions and in accordance with
procedures established by the Board.
IN WITNESS WHEREOF, the undersigned City has caused this
Agreement to be signed on its behalf this day of
, 1984.
CITY
OF
CITY
OF
By:
By:
Its
Mayor
Its
Mayor
By:
By:
Its
Manager /Clerk
Its
Manager /Clerk
CITY
OF
CITY
OF
By:
By:
Its
Mayor
Its
Mayor
By:
By:
Its
Manager /Clerk
Its
Manager /Clerk
CITY OF CITY OF
By: By:
Its Mayor Its Mayor
By: By:
Its Manager /Clerk Its Manager /Clerk
0
0
L.
City
0 •
MINNESOTA COALITION OF OUTSTATE CITIES
25¢
Per Capita
.10%
of LGA
& Levy
1.
Hastings
3,212
2,942
2.
Detroit Lakes
1,799
1,469
3.
Bemidji
2,821
21478
4.
Sauk Rapids
1,502
1,082
5.
Mankato
7,248
8,938
6.
New Ulm
3,469
3,190
7.
Montevideo
1,452
1,232
8.
Moorhead
7,338
5,720
9.
Alexandria
1,933
2,049
10.
Blue Earth
1,029
972
11.
Albert Lea
4,599
4,431
12.
Red Wing
3,435
6,545
13.
Jackson
960
1,019
14.
Mora
707
575
15.
Willmar
4,246
2,934
16.
Cleveland
183
116
17.
Le Sueur
829
790
CM-Fff
ars a
,
19.
Hutchinson
2,370
,464
20.
Fairmont
2,870
2,664
1.
Litchfield
1,470
1,041
2.
Little Falls
1,705
1,578
23.
Austin
5,636
5,533
24.
No. Mankato
2,354
2,110
25.
St. Peter
2,270
1,214
26.
Worthington
2,582
2,752
27.
Rochester
14,597
($10K max.app.) 14,483
28.
Stewartville
1,016
648
29.
Fergus Falls
3,210
3,276
30.
Pipestone
1,187
918
31.
Faribault
4,081
3,907
32.
Northfield
3,238
2,333
33.
Luverne
1,142
_ 798
34.
Elk River
1,769
900
35.
Sartell
948
773
36.
St. Cloud
10,729
4$10K max.app.) 11,785
37.
Owatonna
4,736
4,417
38.
Morris
1,382
1,199
39.
Wadena
1,145
728
40.
Waseca
2,114
1,759
41.
Breckenridge
998
958
42.
Winona
6,165
6,092.
43.
Monticello
730
1,451
44.
Granite Falls
846
681
.
TOTALS
130,871
125,002
Attachment 3
($10K max.app.)
($10K max.app.)
NOTE: The estimted maximum amount that could be assessed against a city
under the resolution in Attachment 1 is the amount shown in Column 1 or
Column 2, whichever is greater. The estimated maximum amount under the
Attachment 2 resolution is double that amount, but one half is payable in
1984 and the other half in February,'1985.
• •
Attachment 4
M E M O R A N D U M
TO: Honorable Edward C. Gamradt
President
Minnesota Coalition of Outstate Cities
FROM: Timothy P. Flaherty -fF
Attorney
Holmes & Graven, Chartered
DATE: October 11, 1984
RE: Our Views on Questions Raised at October 5 Coalition
Meeting
This memorandum provides you with our views on the questions
raised at the October 5 meeting and recommends a course of action
for those cities that want to retain Holmes & Graven.
A. Need for I
atio -- n
We believe the cities in the Coalition need to develop and
begin lobbying a common position related to property taxa-
tion and LGA in November. Coalition cities can lobby
together because they have relatively similar fiscal
characteristics (low taxable value, high municipal property
tax burdens and high LGA) compared to other organizations
and cities actively lobbying on these issues. Changes to
the property tax and aid system are likely to have a similar
impact on Coalition cities. Effective legislative
representation is more critical for Coalition cities in the
1985 session than other sessions for the following reasons:
1. Governor's proposal to change property tax system. The
Governor has announced that he will seek major legisla-
tive changes in the state aid and property tax system.
The proposal may be detrimental to Coalition cities but
beneficial to other cities and other organizations. We
expect that the Governor's proposal will be supported
by the Kindergarten through grade 12 education
community, townships, counties, and the Municipal
Legislative Commission (a joint powers organization
consisting of cities with fiscal characteristics
substantially different than characteristics of the
Coalition cities). These groups all have active
lobbying programs and are assisted by professional
lobbyists.
B.
2. LGA formula proposals. The Local Government Aid Study
Commission was established in the 1984 legislative
session and is composed of legislators from the House
and Senate. The Commission is studying new LGA
formulas for presentation to the 1985 legislative
session.
3.
Cities. The League will not have a position on the
Governor's proposal or the LGA formula proposals being
debated by the LGA Study Commission until at least
January 28, 1985. There is a possibility that the
League will never take a position or take a very
general position on the Governor's proposal or LGA
proposals made by others. Without concensus on a
specific position, the League will not be able to
lobby and protect or promote the interest of any cities
on these issues.
4. Protection of Coalition Cities by the Citv of
Minneapolis. Minneapolis has many other issues to
lobby in the 1985 session and it may be unreasonable to
expect Minneapolis to protect the interests of
Coalition cities.
Potential Conflict Between Coalition and League of Minnesota
ities.
Some Coalition cities have expressed a concern that the
legislative efforts of the Coalition may eventually be in
conflict with League policy or hurt the chances for the
League to develop a League policy. We believe it is
unlikely that a conflict will develop between the Coalition
and the League over the property tax or local government aid
issues and that developing and lobbying a program on these
issues will not affect the potential for the League to
develop a policy on these issues. We hold this view for the
following reasons:
1. The Coalition would not be in conflict with League
policy in November, December and January because the
League will have`no policy until January 28. These
three months are a critical time for Coalition cities
to have input into the Governor's proposal and various
legislative formula proposals.
2. It is unlikely that the League will reach concensus on
a specific position related to the Governor's proposal
or local government aid formulas. However, if the
League is able to reach concensus on a specific
position, the Coalition can decide at that time whether
to support or oppose the League's position. In the
unlikely event the Coalition wants to lobby a position
2
1]
9
• •
. in conflict with the position adopted by the League, it
may do so and still remain an affiliate of the League
provided certain conditions contained in the League
Constitution are met.
3. Other organizations and cities that have developed
positions and that are assisted by professional lobby-
ists (League of Small Cities, Municipal Legislative
Commission, Minneapolis and St. Paul) will lobby on the
Governor's proposal and legislative formula proposals
at the same time that they participate in the League
process to develop a concensus policy. The Coalition
could develop and lobby a position related to the
Governor's proposal and legislative formula proposals
while it participates on the League Revenue Sources
Committee and the Technical Committee.
C. Proposal to Provide Professional Legislative Representation
Services to Coalition Cities.
We believe that a coordinated legislative program which
relies on computer analysis, professional lobbying services
and direct lobbying by local officials will result in effec-
tive representation that will protect and promote the
interests of Coalition cities. Holmes & Graven has pro-
fessional lobbyists, experienced in local government aid and
property tax issues, available to assist the Coalition in
developing and presenting its position. Holmes & Graven is
prepared to offer the following legislative services
beginning in November, 1984:
1. Coordinate the Coalition's lobbying on property tax and
LGA issues, including drafting and lobbying bills and
amendments that have been approved by the Coalition.
2. Provide computer analysis to determine the impact of
proposals on Coalition cities.
3. Assist the Coalition in developing policy positions
related to proposed changes in the property tax system,
including the Governor's proposal and LGA formula pro-
posals.
4. Assist the Coalition in presenting its position to
interested parties and negotiating common positions
with those other parties (State Department of Finance,
Governor, League of Minnesota Cities, League of Small
Cities, Municipal Legislative Commission, Range Associa-
tion, Minneapolis, St. Paul, Duluth, etc.).
5. Assist Coalition cities by providing policy analysis
and technical services to Coalition cities that serve
on the League Revenue Sources Committee and Technical
Committee.
3
• t
We estimate the cost of representation, including research
and computer services, to be between $100,000 and $125,000.
These costs would have to be contributed by participating
cities in November or December, 1984.
D. Formal Action By Coalition Cities.
The Articles of Incorporation or Bylaws of the Coalition
(see attached document) authorize the Coalition to establish
and lobby positions approved by a majority of the Coalition
membership. A majority vote of the member cities is
required to approve an assessment above membership dues. A
quick phone check at the Secretary of State's office indi-
cated that the Coalition's Articles may have not been filed
as required by law. The Coalition should take steps to
confirm that it is properly incorporated before collecting
assessments for legislative services.
Cities that want to participate in a joint lobbying effort
with other cities and retain professional lobbying services
with the financial support of those other cities should
adopt the resolution contained in Attachment
1 or 2 as soon as possible.
•
• As amended 6/18/82
. MINNESOTA COALITION OF OUTSTATE CITIES
Incorporated Under Laws of Minnesota
MCOOC
STATEMENT OF PURPOSE
The purpose of the Minnesota Coalition of Outstate Cities, hereafter
called the MCOOC, is to provide a vehicle for voluntary joint action to
meet the problems of mutual concern to the member cities. It is an
effort to do those things together which cannot be successfully accomp-
lished independently by reason of lack of information, professional
counsel, resource potential, common understanding, and political impact.
The MCOOC will lobby on specific issues of importance to the membership.
PARTICIPATING CITIES
Any Minnesota city excluding cities of the first class and those
located within the seven county metropolitan area, which is a member
of the League of Minnesota Cities, may become a member.
&FFICERS
The officers of the organization shall include a President, a Vice -
President and a Secretary- Treasurer. The officers shall be elected for
one year at the annual meeting in January but shall serve until successors
are chosen. The officers so elected shall not serve successive terms.
The President shall preside at the meetings of the organization and
shall represent MCOOC in appearances before other bodies.
The Vice - President shall,in the absence or disability of the Presi-
dent, perform the duties and e:-ercise the powers of the President.
The Secretary- Treasurer shall maintain the minutes of the meetings
of the organization and shall be responsible for all the correspondence
of the organization, including the preparation and the circulation of the
official agenda in advance of each regular meeting. He shall have custody
of the organization's fund and securities and shall keep full and accurate
account of receipts and disbursements in books belonging to the organiza-
tion. He shall deposit all mor:ey and other valuable effects in the name
and to the credit of the organization in such depositories as may be
designated by the organization. He shall disburse the funds of the
organization, taking vouchers for such disbursements, and render to the
President and the organization members an account of all transactions and
. give a statement of the financial status of the organization at regular
meetings or whenever they may require it. The organization, by resolution,
• 0
may establish rules and regulations for disbursement of funds by the
Secretary- Treasurer as obligations of the organization arise.
COMMITTEES
The President may establish an executive
empowered to perform executive functions that
scheduled meetings. This executive committee
members and the President, Vice - President and
majority of the members of the executive Comm
quorum for the conduct of business.
0
committee which shall be
may arise between regularly
shall be composed of two
Secretary- Treasurer. A
ittee shall constitute a
The organization, by motion, or the President alone may establish
such standing committees as are deemed necessary for the proper conduct
of the affairs of the organization. Standing committees may be established
at any meeting. The members of these standing committees shall be appointed
by the President. The members of the committee may elect their own
chairman, unless he be designated by the President of the organization.
They may meet from time to time upon their own motion and shall report
action taken by the committee. The organization may, on motion, approve
the appointment of non - members to serve on subcommittees and standing
committees. Special committees may be established as the need arises.
ADMINISTRATION OF THE ORGANIZATION AFFAIRS
The organization may
deem necessary, who shall
sation and shall exercise
be determined from time to
MEETINGS
retain such employees and agents as it shall
be employed for such terms and at such compen-
such powers and perform such duties as shall
time by the organization.
Regular meetings of the organization shall be called by the President.
The hour of the meeting shall be 10:00 a.m. unless changed by mutual
agreement. Special meetings may be called by the President at his
discretion or shall be called by the President upon petition of four
members. Special meetings shall be held only after reasonable notice is
given to each member city. The annual meeting shall be called in January.
An agenda describing thermatters to be considered shall be sent by
mail at least seven days prior to any regular meeting. The members
present may transact any business.
The official vote at the meetings shall be given by a designated
member. Each city shall have one vote on all official actions taken by
the organization. All representatives of a city shall have freedom to
participate in open discussion.
Robert's Rules of parliamentary law shall govern the conduct of .
organizational business unless modified for that particular meeting by
the total membership in attendance.
0 •
APPEARANCE BEFORE LEGISLATIVE BODIES
• The President, or a representative or representatives, may address
legislative bodies on matters of concern to the organization expressing
the majority view. The President may select a committee of sufficient
size to adequately present an issue to the legislative body so designated.
AFFILIATION WITH LEAGUE OF MINNESOTA CITIES
The Minnesota Coalition of Outstate Cities shall be affiliated with
the League of Minnesota Cities and shall participate in their programs
as far as practical. The MCOOC will supplement and compliment the League
of Minnesota Cities lobbying when appropriate.
FINANCES
The finances of the Minnesota Coalition of Outstate Cities shall be
met by yearly dues of $25 from each of the member cities. Each year in
January at the annual meeting the outgoing Secretary- Treasurer shall
present a Financial Report for approval. A majority vote of the members
will be necessary to approve an assessment above membership dues.
The books of the organization may be audited according to law and
upon the request of any four members. The fiscal year shall be the
.same as the calendar year. Any capital investment, if the organization
shall disband, shall be sold and the returns equally divided among the
members at that time.
0
•
0 0
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, October 16, 1984
1. CALL TO ORDER
FOR YOUR INFORMATION
The regular meeting of the Hutchinson Planning Commission was called to
order by Chairman Larry Romo at 7:30 P.M., with the following members
present: Marlin Torgerson, Elsa Young, Roland Ebent, Thomas Lyke, Shu -Mei
Hwang, and Chairman Romo. Members absent: Don Erickson. Also present:
City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe
and City Attorney James Schaefer.
2. MINUTES
The minutes of the regular meeting dated September 18, 1984, were approved
as presented on a motion by Mr. Ebent. Seconded by Dr. Lyke, the motion
carted unanimously.
3. PUBLIC HEAINGS
(a) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY GORDON HEDLUND
Chairman Romo opened the hearing at 7:32 pm. with the reading of
publication $3318 as published in the Hutchinson Leader on Thursday,
October 4, 1984.
The request is for a conditional use permit to allow the expansion of
a mobile home park (Country Club Terrace - Phase Two). Director
Priebe explained that this was a revised portion of an overall plan
for Country Club Terrace. Staff recommended the permit be approved
contingent upon 10% of the land being designated for park land, as per
City Ordinance. Director Priebe explained that Mr. Hedlund had not
provided 10% on the proposed layout as the playground area already
designated in the mobile home park was not used. City Administrator
Plotz noted that for less than 10% to be required a variance would be
necessary.
Mr. Torgerson made a motion to close the hearing at 7:40 pm.
Seconded by Mrs. Young, the motion carried unanimously. Mr. Torgerson
made a motion to recommend to City Council approval of the conditional
use permit contingent upon 10% of both phases of Country Club Terrace
being designatd for park land. Seconded by Dr. Lyke, the motion
carried unanimously.
(b) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY KENNETH NORTON
Chairman Romo opened the hearing at 7:42 p.m. with the reading of
publication 53317 as published in the Hutchinson Leader on Thursday,
October 4, 1984.
• The request is for a conditional use permit to allow the moving of a
house from 515 1st Ave. N.E. to property located at 216 Huron Street,
located in an IC -1 zone and the flood fringe district. Chairman Romo
noted staff recommendation to approve with contingencies and that the
DNR has stated the basement or first floor must be at or above the
Planning Commission Minutes •
10/16/84
regulatory flood protection elevation (10.41 feet). Fill material .
must be in accordance with applicable standards contained in
Hutchinson Zoning Ordinance 464 Section 8.11.
Mr. Kenneth Norton questioned having to meet flood fringe
requirements. He had removed a house from the lot and there had been
no problems with water in the basement. Director Priebe explained
that there were things that could be done to protect the structure
from ground water, but that they would have to be determined by the
State Building Department. In response to the staff recommendations,
Mr. Norton responded that the house would be made a uniform color. He
asked when water and sewer would be made available by the City.
Director Priebe responded that it would be at least next summer. Mr.
Norton replied that he would like to hook up to the present sewer line
and wondered if it would be possible for him to privately hire someone
to extend the water line to the house. Director Priebe explained that
it would have to be requested of the City Council, but was possible.
He questioned the advisablility of hooking up to the existing
sewer line because of the poor condition of the line and noted that if
Mr. Norton was allowed to hook up to the existing sewer it should only
be temporary.
In reference to staff recommendation that the house must meet building
code requirements in 6 months, Mr. Ebent asked how this could be
possible if sewer and water would not be available until summer. It
was determined that this 6 month requirement could be extended upon
request. It was also noted that rather than have the house demolished
if code was not met, the house could also be moved.
Mrs. Young made a motion to close the hearing at 8 :05 p.m. Seconded
by Mr. Torgerson, the motion carried unanimously. Mr. Torgerson made
a motion to recommend to City Council approval of the conditional use
permit as requested contingent upon the following: 1. The house must
meet building code requirements within 6 months after the house is
moved, or the house must be moved or demolished. 2. The house must
meet requirements of the State Building Code for houses located in the
Flood Fringe District. 3. The exterior of the house must be the same
(uniform) color. 4. The house may be hooked up to the existing sewer
line temporarily until such time as a new sewer line is extended and
made available to the property. 5. Water and sewer will be extended
to the property as per Council determination. Seconded by Mr. Hwang,
the motion carried unanimously.
(c) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY ROBERT MCGEE
Chairman Romo opened the hearing at 8 :07 pm. with the reading of
publication #3322 as published in the Hutchinson Leader on Thursday,
October 4, 1984.
The request is for a 3' variance to allow the construction of a double
garage 3' from the sideyard line on the property located at 173 5th •
Ave. N. E. The supporting materials for Mr. McGee's request did not
clearly show the dimensions and the proposed plan. Mr. McGee was not
present to answer any questions about the request.
N
Planning Commission outes
10/16/84
•
Chairman Romo stated that there was a double garage behind the house.
He questioned the need for two double garages for a single family
residence. Director Priebe recommended that a survey of the lot
showing the existing structures be required before a determination be
made. It was the consensus of the Planning Commission that the
hearing be continued until the November 20th meeting.
(d) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY VICKI HOEFT
Chairman Romo opened the hearing at 8:15 p.m. with the reading of
publication #3323 as published in the Hutchinson Leader on Thursday,
October 4, 1984.
The request is for a conditional use permit to allow the moving of a
house now located at 29 Fourth Ave. N.E. to the property located on
Carlisle Street described as the South 75' of North 150' of Lot 9
Block 4, N 112 City. Director Priebe explained that the proposal
meets all setback requirements and that City water and sewer are
available. It was the consensus of the Planning Commission that the
house fit well into the area.
Mr. Torgerson made a motion to close the hearing at 8 :19 pm. Seconded
by Mr. Hwang, the motion carried unanimously. Mr. Ebent made a motion
to recommend to City Council approval of the conditional use permit to
allow the moving of the house to the Carlisle Street location.
. Seconded by Mrs. Young, the motion carried unanimously.
(e) CONSIDERATION OF REQUEST FOR SIGN VARIANCE AS SUBMITTED BY B & F
INVESTMENTS (CENTURY 21)
Chairman Romo opened the hearing at 8:20 p.m. with the reading of
publication 8 3324 as published in the Hutchinson Leader on Thursday,
October 4, 1984.
The request is for a sign variance to allow a 10' by 11' sign to be
placed on an existing signboard above the roofline of the building
located at 305 Main Street South. Mr. and Mrs. Larry Fraser were
present to explain the request. Mr. Fraser stated that the sign was
already in place on the signboard that was actually a part of the
roof of the old Yetzer building. He stated that they need a sign to
advertise their business and felt that in essence all they were doing
was changing the lettering on the signboard. Mrs. Connie Fraser
stated that there was some updating to do on the building in the
future, but for now she felt putting the sign somewhere else on the
building might not be as attractive as using the present signboard.
Mr. Fraser further explained that they have bought the building
contract for deed and the owner is not in favor of having the exisitng
board removed.
Mr. Torgerson read from Ordinance 464 siting that any non - conforming
sign must be made conforming upon change of ownership or use of the
property. He felt that by granting the variance as requested, the
Planning Commission would be setting a precedent. Discussion followed
3
Planning Commission tea
10/16/84
0
regarding nonconforming signs. Mr. Hwang stated that he felt the
ordinance was very straight forward about what it required and that
the ordinance should be followed. Mrs. Young stated her agreement.
Chairman Romo indicated he felt there was some gray area about the
existing signboard.
After discussion, Mr. Torgerson made a motion to close the hearing at
8:45 pm. Seconded by Mrs. Young, the motion carried unanimously.
Mr. Hwang made a motion to recommend to City Council the request for a
sign variance be denied in accordance with the City Ordinance.
Seconded by Mrs. Young,-the motion carried unanimously.
(f) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY ERICKSON OIL
PRODUCTS, INC. .
Chairman Romo opened the hearing at 8::45 P.M. with the reading of
publiccation #3325 as published in the Hutchinson Leader on Thursday,
October 4, 1984.
The request is for a 121variance to allow the construction of an
Erickson Station Store 38' from a residential zone on the property
located at 11 Fourth Ave. N.E. Mr. Clare Erickson of Erickson Oil
Products, Inc., was present to explain that Erickson's had been
granted a 25' variance on July 22, 1980. The project was not done.
Now they have submitted a new design which would give them
more room so only a 12' variance is required.
Mr. Richard Anderson was present to inquire about how the proposal •
will affect his access to the driveway to his home which is located
behind the present Erickson Station. He stated that he has an
easement which allows him access and use of that driveway. After
looking at the plans that Mr. Erickson had, he felt it would be
impossible to use the driveway in the winter.
Chairman Romo pointed out to Mr. Anderson that the easement is a legal
question between Mr. Anderson and Ericksons. Granting the variance
would not supercede the easement.
Mr. Torgerson made a motion to close the hearing at 8 :55 pm. Mrs.
Young seconded the motion and it unanimously carried. Mr. Torgerson
made a motion to recommend to City Council approval of the variance as
requested, with the understanding that Erickson's work out access and
egress with the affected property owners. Seconded by Mr. Hwang, the
motion carried unanimously.
(g) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY PAUL BETKER
Chairman Romo opened the hearing at 8 :57 p.m. with the reading of
publication #3326 as published in the Hutchinson Leader on Thursday
October 4, 1984.
The request is for a conditional use permit to allow the construction .
of a twin home in an R -1 zone, located on the property on the corner
of School Road North and Rolling Oaks Lane. Chairman Romo noted that
L
Planning Commission Minutes •
10/16/84
staff recommended that the permit be denied as the proposed plan did
not meet setback requirements for an R -1. (Mr. Torgerson asked to
relinquish his seat on the Planning Commission to become a part of the
audience as he was affected by the request and formally notified. His
seat was so relinquished for this hearing.)
Mr. Paul Betker was present to explain that he intends to build an
attractive home, one side facing Roling Oaks Lane and one side facing
School Road. Mr. Marlin Torgerson was present to state that all the
homes on the north side of Rolling Oaks Lane, bordering the park are
single family, facing south. He stated he objected to a mulitple
family dwelling and the front yard setback proposed. Mr. Jarvis
Watnemo, property owner to the West of the proposal stated that his
house was setback 901. He also objected to the setback proposed.
Director Priebe noted that Mr. Betker had been sold a nonconforming
lot. He owns an area 260' by 1001. He will need Council approval to
split a lot, but at this point, that would be separate from this
request.
After much discussion, Mr. Ebent suggested that the 260' be divided
into three lots; the first would be 100 feet deep and the other two
80' deep. He proposed that the twin home be constructed so that it is
set back 62 feet from Rolling Oaks Lane. Mr. Betker argued that that
. would leave him with an 80' lot that would be difficult to sell. He
would prefer to make the lots so that the twin home would be set back
50' from Rolling Oaks Lane. The property owners present stated that
they would be much more open to a 62' setback than the 25' in the
proposal or the 50' that Mr. Betker proposed .
Mr. Ebent made a motion to close the hearing. Seconded by Mrs. Young,
the motion carried unanimously. Mr. Ebent made a motion to deny the
conditional use permit as requested, but would also recommend that he
(Mr. Betker) work with the neighbors and come up with a 3 lot layout
of the 260' and bring it before the City Council. Seconded by Mr.
Hwang, the motion carried unanimously.
4. OLD BUSINESS
(a) CONSIDERATION OF FINAL PLAT OF ORCHARD PARK FIRST ADDITION
Director Priebe explained that there had been no changes from the
preliminary plat that had been approved. Dr. Lyke made a motion to
recommend to City Council approval of the final plat as submitted.
Seconded by Mr. Hwang, the motion carried unanimously.
(b) CONSIDERATION OF FINAL PLAT OF HELLAND'S SIXTH ADDITION
Director Priebe explained that there had been no changes from the
• preliminary plat that had been approved. Mr. Torgerson made a motion
to recommend to City Council approval of the final plat as submitted.
Seconded by Mr. Hwang, the motion carried unanimously.
5
Planning Commission Putes
10/16/84
i
(c) CONSIDERATION OF FINAL PLAT OF LAKEWOOD TERRACE FOURTH ADDITION .
Director Priebe explained that there had been no changes from the
preliminary plat that had been approved. Mr. Torgerson made a motion
to recommend to City Council approval of the final plat as submitted.
Seconded by Dr. Lyke, the motion carried unanimously.
(d) CONSIDERATION OF FINAL PLAT OF BETHKE'S ROLLING GREENS THIRD TOWNHOUSE
ADDITION
Director Priebe explained that there had been no changes from the
preliminary plat that had been approved. Mr. Torgerson made a motion
to recommend to City Council approval of the final plat as submitted.
Seconded by Mrs. Young, the motion carried unanimously.
5. NEW BUSINESS
(a) CONSIDERATION OF ANNEXATION AS PETITIONED BY DENNIS ALBERTSON
Director Priebe explained the request. He noted that it would come
into the City as R -2 and that the owner intended to rezone to
commercial, on which there would be a hearing.
Mr. Torgerson made a motion to recommend to City Council proceeding
with the annexation as proposed. Seconded by Mrs. Young, the motion .
carried unanimously.
(b) CONSIDERATION OF POSSIBLE CHANGE IN ZONING ORDINANCE REGARDING
MANUFACTURED HOMES
Director Priebe explained that the State has determined that a City
can no longer exclude "manufactured homes" if they meet A.U.D.
requirements from particular zones. The alternative is to make
changes in the zoning that would apply to both stick built and
manufactured homes, that manufactured homes would not be able to
comply with. Examples from various cities were given and
discussed. Director Priebe further explained that we must also change
any part of the ordinance that discriminates against manufactured
homes.
After discussion, Mr.'Torgerson made a motion to use a minimum width
requirement of 241. Seconded by Dr. Lyke, the motion carried
unanimously. Director Priebe further explained that a hearing would
have to be held on any such changes. It was the consensus of the
Planning Commission that appropriate changes be made and a hearing be
held at the regular meeting of the Planning Commission on November 20,
1984.
(c) CONSIDERATION OF ADDING REQUIREMENTS FOR ACCESSORY BUILDINGS IN R -1
AND R -2 ZONES •
Director Priebe explained that in our previous ordinance there had
been specific requirements for accessory buildings. He suggested that
this be added to the present ordinance for R -1 and R -2 zones, changing
0
0 9
Planning Commission Minutes
10/16/84
i
setback as per our present ordinance. After discussion, Mr. Ebent
made a motion to have the necessary changes made and to set a public
hearing on the amendment for the regular meeting of the Planning
Commission on November 20, 1984. Seconded by Mr. Torgerson, the
motion carried unanimously.
6. ADJOURNMENT
There being no further business, Mrs. Young made a motion to adjourn the
meeting. Seconded by Mr. Ebent, the motion carried unanimously and the
meeting was adjourned at 10:30 pm.
0
0
7
W2) 587 -5151 v
H�rcy' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: October 17, 1984
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Conditional Use Permit Submitted by Gordon Hedlund
Pursuant to Section 6.05, C5, 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 conditional
use permit.
HISTORY
On September 10, 1984, Mr. Gordon Hedlund submitted a request for a
conditional use permit to allow the expansion of Country Club Terrace
mobile home park - phase two. A public hearing was held at the regular
meeting of the Planning Commission on October 16, 1984, 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 4, 1984.
3• The proposal is in conformance with the requirements of a
conditional use permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request be granted contingent upon 10% of the land (both phases)
being designated for park land as per City Ordinance.
I utchictfully bmitted,
Romo, Chairman
nson Planning Commission
u
9 -z,
0
• 9
RESOLUTION NO. 7885
. RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO
ALLOW THE EXPANSION OF COUNTRY CLUB TERRACE MOBILE HOME PARK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FTNDINGS
1. Mr. Gordon Hedlund. of New Brighton, Minnesota has made application to
the City Council for a Conditional Use Permit under Section 8.04.2 of Zoning
Ordinance No. 464 to allow the expansion of a mobile home park (Country Club
Terrace - Phase Two) on the property with the following legal description:
Legal Description: That part of Lot One (1) in Block Two (2) in
HELLAND'S FIRST ADDITION, according to the plat thereof on file and
of record in the Office of the County Recorder in and for the
County of McLeod and State of Minnesota, decribed as follows:
Commencing at the southwest corner of said Lot 1; thence easterly,
along the south line of said Lot 1, a distance of 150.02 feet to the
point of beginnning of the land to be described; thence northerly,
parallel with the west line of said Lot 1, a distance of 300.48
feet; thence easterly, deflecting to the right 90 degrees 00 minutes
a distance of 1020.59 feet to the intersection with the northerly
extension of the east line of Tract A of Registered Land Survey No.
15; thence, southerly, along said northerly extension, a distance of
27.00 feet to the northeast corner of said Tract A; thence westerly,
southerly, and westerly, along the southerly line of said Lot 1, to
the point of beginning.
2. The City Council has considered the recommendation of the Planning
Commission and the effect of the proposed use on the health, safety, and
welfare of the occupants of the surrounding lands, existing and anticipated
traffic conditions, and the effect on values of properties in the surrounding
area and the effect of the use on the Comprehensive Plan.
3. The Council has determined that the proposed use will not be detri-
mental to the health, safety, or general welfare of the community nor will it
cause serious traffic congestion nor hazards, nor will it seriously depreciate
surrounding property values, and the proposed use is in harmony with the gener-
al purpose and intent of the Zoning Ordinance and the Comprehensive Plan.
0
Resolution No. 7885
Page 2
CONCLUSION
The application for Conditional Use Permit for the purpose designated is
granted, based upon the findings set forth above, contingent upon 10% of the
land (both phases) being designated for park land as per City ordinance.
Adopted by the City Council this 23rd day of October, 1984.
Attest:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
LI
0
•
W2) 587 -5151 1
f1UTlN' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
. HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: October 17, 1984
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Conditional Use Permit Submitted by Kenneth Norton
Pursuant to Section 6.05, C5, 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 conditional
use permit.
HISTORY
On September 26, 1984, Mr. Kenneth Norton submitted a request for a
conditional use permit to allow the moving a house onto the property located
at 216 Huron Street. A public hearing was held at the regular meeting of
the Planning Commission on October 16, 1984, at which time there was no one
present who objected to the request. As the property involved is located in
the flood fringe district the DNR was notified of the request and responded
that the basement or first floor (if no basement) of the structure must be
at or above the regulatory flood protection elevation. The placement of
fill material must be in accordance with applicable standards contained in
Hutchinson Zoning Ordinance 464 Section 8.11.
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 4, 1984.
3. The proposal is in conformance with the requirements of a
conditional use permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request be granted contingent upon the following:
1. The house must meet building code requirements within 6 months after the
house is moved, or the house must be moved or demolished.
2. The house must meet requirements of the State Building Code for houses
located in the flood fringe district.
3. The exterior of the house must be the same color.
Planning Commission
Findings of Fact /Conditional Use Permit - Norton
Page 2
0
4. The house may be hooked up to the existing sewer line temporarily until
such time as a new sewer line is extended and made available to the
property.
5. Water and sewer will be extended to the property, as per Council
determination.
Respectfully submitted,
Chairman
Planning Commisson
L
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NOTE : House on Lot I is set back
13 1/2 feet f Huron Street
40.8. 40.7s
X41.9 ♦41.9
SHED
O X41.8 •42.0
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Bench Mark: Top of pipe
Elevation = 1041.19
110.47
x 40.8
42.1x 24
x42.3 v
61.10
BENCH MARK: Top of hydrant at
Second Ave. and Erie St. Elev. = 1045.01 X 41.8
BENCH MARK: Top of iron pipe on north line of
Lot 3, on set back line. Elev. = 1041. 19.
1 3.5 .41.1
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41.5
39.SIX •39.7
39.71 13149 _
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141.9 Denotes existing elevation
(42.3)Denotes proposed elevation
i
AREA= 5662 S0. FT.
for KENNETH NORTON LOT 3, BLOCK 22, SOUTH HALF OF HUTCHINSON. EXCEPT RAILROAD RIGHT OF WAY.
1y, plan or report was prepared by me or under my direct super- Scale 1" = 20 Book HTPO 2s Hansen Thorp Pellinen Olson Inc.
nsad Land Surveyor under the laws of the State at Minnesota, Land Surveyom -Consulting Eng ineen -Site Planners
,, Sept. 28, 1984 cn s1 184150 o e 57 1 HIITCHINSnN MN Tot 5147 -47144
13.5
1
Top of
block elev. 44,0
1
1
1
(42.31
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41.9x
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142. 131
16 q
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(42.3)
tp PROPOSED
41.3.
(42.5)
N HOUSE
4
13.5
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(42.3)
(42.3)
42.1x 24
x42.3 v
61.10
BENCH MARK: Top of hydrant at
Second Ave. and Erie St. Elev. = 1045.01 X 41.8
BENCH MARK: Top of iron pipe on north line of
Lot 3, on set back line. Elev. = 1041. 19.
1 3.5 .41.1
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41.5
39.SIX •39.7
39.71 13149 _
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141.9 Denotes existing elevation
(42.3)Denotes proposed elevation
i
AREA= 5662 S0. FT.
for KENNETH NORTON LOT 3, BLOCK 22, SOUTH HALF OF HUTCHINSON. EXCEPT RAILROAD RIGHT OF WAY.
1y, plan or report was prepared by me or under my direct super- Scale 1" = 20 Book HTPO 2s Hansen Thorp Pellinen Olson Inc.
nsad Land Surveyor under the laws of the State at Minnesota, Land Surveyom -Consulting Eng ineen -Site Planners
,, Sept. 28, 1984 cn s1 184150 o e 57 1 HIITCHINSnN MN Tot 5147 -47144
- r
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p .�w �i`n �s aI
37 WAS- NGTON AVE\4JENEST
_� A-le r rurc�i;�a N, 1VlINN. `5 .v0
M
M E M O
DATE: October 5th, 1984 - -- — —
TO: Planning Commission
poeity Council
FROM: Director of Engineering
RE: Conditional Use Permit
Lot 3, Block 22 Except Railroad R/W
The flood protection elevation is 1041.0 in the area of the above - referenced
property. According to the survey submitted, the main floor of the house
will meet the requirements of the City Ordinance. If a basement is planned
for the structure, it may be necessary to flood proof same. State Building
Code Division may be best source of information as to requirements.
There is no water service available to this property at present. It will be
necessary to extend the watermain and install a service lead. The estimated
cost to the property is $973.25. The sanitary sewer main on Railroad
right -of -way is in poor condition and should be replaced. It is recommended
a new line on Huron Street be constructed now to provide service. The
estimated cost for the main and service lead is $986.50.
I would assume these costs would be assessed after construction. A petition
by the owner will be necessary to follow 429 procedure.
Marlow V. Priebe
Director of Engineering
MVP/PV
cc: Homer Pittman
•
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• RESOLUTION NO. 7886 0
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO
ALLOW THE MOVING OF A HOUSE TO 216 HURON STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Mr. Kenneth Norton of Hutchinson has made application to the City
Council for a Conditional Use Permit under Sections 8 :11 and 8 :12 of Zoning
Ordinance No. 464 to allow the moving of a house to the property located at 216
Huron Steet, in an IC -1 zone and the flood fringe district, and with the
following legal description:
Lot Three (3), Block twenty -two (22) in the Townsite of Hutchinson
South Half, except the Railroad Right -of -way, according to the
recorded map or plat thereof;
2. The City Council has considered the recommendation of the Planning
Commission and the effect of the proposed use on the health, safety, and
welfare of the occupants of the surrounding lands, existing and anticipated
traffic conditions, and the effect on values of properties in the surrounding
area and the effect of the use on the Comprehensive Plan.
3. The Council has determined that the proposed use will not be detri-
mental to the health, safety, or general welfare of the community nor will it
cause serious traffic congestion nor hazards, nor will it seriously depreciate
surrounding property values, and the proposed use is in harmony with the gener-
al purpose and intent of the Zoning Ordinance and the Comprehensive Plan.
CONCLUSION
The application for Conditional Use Permit for the purpose designated is
granted, based upon the findings set forth above, contingent upon the following
recommendations of the Planning Commission: 1. The house must meet building
code requirements within 6 months after the house is moved, or the house must
be moved or demolished. 2. The house must meet requirements of the State
Building Code for houses located in the flood fringe district. 3. the
exterior of the house must be of uniform color. 4. The house may be hooked
up0 to the existing sewer line, temporarily, until such time as a new sewer
line is extended and made available to the property. 5. Water and sewer will
be extended to the property, as per Council determination.
Adopted by the City Council this 23rd day of October, 1984.
Attest:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
587.5151
FCITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN, 55350
M E M O R A N D U M
DATE: October 17, 1984
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Conditional Use Permit Submitted by Vicki Hoeft
Pursuant to Section 6.05, C5, 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 conditional
use permit.
HISTORY
On October 1,1984, Ms. Vicki Hoeft submitted a request for a conditional use
permit to allow the moving a house from 29 Fourth Ave. N.W. to the property
described as the South 75' of the North 1501 of Lot 9 Blk 4 North 112 City.
A public hearing was held at the regular meeting of the Planning Commission
. on October 16, 1984, 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 4, 1984.
3. The proposal is in conformance with the requirements of a
conditional use permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request for a conditional use permit be granted.
tted,
rry Romo, Chairman
utchinson Planning Commisson
9 -170-
Survey
for John Keefe, jr.
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TM horlherly IS0.00 fhf Of Lot ,,
,lock 4, N...k tr.1f Of nfffehlh,.h.
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lion Inc. 90011 MTPO 20 ►AGE 29 FILE h0. 10442
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•
•
RESOLUTION NO. 7887
0
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO
ALLOW THE MOVING OF A HOUSE TO CARLISLE STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Ms. Vicki Hoeft of Hutchinson has made application to the City Council
for a Conditional Use Permit under Section 8 :03 of Zoning Ordinance No. 464 to
allow the moving of a house to the property located on Carlisle Street, with
the following legal description:
South 75' of N 150' Lot 9 Block 4 N 112 City of Hutchinson
2. The City Council has considered the recommendation of the Planning
Commission and the effect of the proposed use on the health, safety, and
welfare of the occupants of the surrounding lands, existing and anticipated
traffic conditions, and the effect on values of properties in the surrounding
area and the effect of the use on the Comprehensive Plan.
• 3. The Council has determined that the proposed use will not be detri-
mental to the health, safety, or general welfare of the community nor will it
cause serious traffic congestion nor hazards, nor will it seriously depreciate
surrounding property values, and the proposed use is in harmony with the gener-
al purpose and intent of the Zoning Ordinance and the Comprehensive Plan.
CONCLi1STON
The application for Conditional Use Permit for the purpose designated is
granted, based upon the findings set forth above.
Adopted by the City Council this 23rd day of October, 1984.
Attest: Robert H. Stearns
Mayor
Gary D. Plotz
City Clerk
*) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: October 17, 1984
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Sign Variance as Submitted by B & F Investments (Century 21)
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 sign variance.
HISTORY
On October 1, 1984, B. & F. Investements submitted a request for a sign
variance to allow a 101 by 11' sign to be placed on an existing signboard
located above the roofline of the building located at 305 Main Street South.
A public hearing was held at the regular meeting of the Planning Commission
on October 16, 1984. Mr. and Mrs. Larry Fraser were present to explain
. 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 4, 1984.
3. It was the consensus of the Planning Commission that granting this
request would set a precedent. The majority of the Planning Commission
felt that the Sign Ordinance was clear about the replacement or change
of nonconforming signs.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request for a sign variance be denied in accordance with the City
Ordinance.
Respectf,411 )submitted,
,Larry Romo, Chairman
Hutchinson Planning Commisson
q_b19_
L
LJ
12) 587 -5757 0
F CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: October 17, 1984
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Variance Request as Submitted by Erickson 011 Products, Inc.
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 October 1, 1984, Erickson Oil Products, Inc. submitted a request for a
variance to allow the construction of an Erickson's Station Store on the
property located at 11 Fourth Ave. N.E. A public hearing was held at the
regular meeting of the Planning Commission on October 16, 1984. Mr. Clare
Erickson was present to explain that Erickson's had been granted a 25'
variance on July 22 of 1980 for the purpose of constructing a new store.
That project had not been done. A new design has now been submitted which
requires only a 12' variance. Mr. Richard Anderson of 15 4th Ave. N.E.
stated that he holds an easement to allow access to his property to the rear
of the Erickson Station. It was the opinion of the Planning Commission that
this was a legal matter between Erickson's and the property owners and that
the granting of the variance as requested would not supersede any such
easement.
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 4, 1984.
3. In their written application Ericksons stated the 50' setback required
along with the need to provide driveways to the two residences to the
north restricts utility of the site.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request for a variance be granted with the understanding that
Erickson's would work out access and egress with the affected property
owners.
Respectf submitted,
WHutohin7sonPlanning hairman
Commisson
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RESOLUTION NO. 7888
RESOLUTION GRANTING VARIANCE UNDER SECTION 6.05 OF
ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF ERICKSON STATION
STORE 38' FROM THE REARYARD PROPERTY LINE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Erickson Oil Products, Inc., has applied for a variance from
Section 10.03 A.(e) of the Zoning Ordinance No. 464 for a variance of 12' to
allow the construction of an Erickson Station Store 38' from a residential
zone on the property located at 11 Fourth Ave. N.E., with the following legal
description:
South 146 feet of Lot 9, Block 13, and Lot 8 Block 13, Townsite of
Hutchinson North Half
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 understanding that Erickson 011 Products, Inc. works out the
problem of access to and ingress and egress for the property owners to the
North.
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.
Resolution No. 7888
Page 2
CONCLUSION
40
The application for variance for the purpose designated is granted based
upon the findings set forth above.
Adopted by the City Council this 23rd day of October 1984.
ATTEST:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
0
•
•
r 02) 587.5751 • al
TY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: October 17, 1984
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Conditional Use Permit Submitted by Paul Betker
Pursuant to Section 6.05, C5, 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 conditional
use permit.
HISTORY
On October 1, 1984, Mr. Paul Betker submitted a request for a conditional
use permit to allow the construction of a twin home on the property located
on the corner of School Road North and Rolling Oaks Lane. A public hearing
was held at the regular meeting of the Planning Commission on October 16,
1984, at which time there were several owners of neighboring property who
voiced their objection to the setback on the Rolling Oaks Lane side and to
the possibility of having a multiple family dwelling in an area zoned for
single - family dwellings.
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 4, 1984.
3. The proposal is in conformance with the requirements of a
conditional use permit._
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request for a conditional use permit be denied, but also
recommends that the builder and neighboring property owners come up with a 3
lot layout of the 260, with an acceptable setback from Rolling Oaks Lane and
present it to the Council.
Respectfu),13( submitted,
ry Acdo, Chairman
chinson Planning Commisson
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HUTCHINSON,MN. Tel. 587 -4789 r
587.5151
F CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: October 18, 1984
TO: Hutchinson City Council
------------------------ - - - - --
FROM: Hutchinson Planning Commission
------------------------ - - - - --
SUBJECT: FINAL PLAT - HELLAND'S SIXTH ADDITION
------ ------------------ - - - - --
It is the recommendation of the Planning Commission that
the final plat for Helland's Sixth Addition be approved
as submitted.
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0 RESOLUTION NO. 7889 0
RESOLUTION GIVING APPROVAL OF FINAL PLAT
FOR HELLANDS SIXTH ADDITION
WHEREAS, W. A. Helland of Spicer, Minnesota, owner and subdivider of the
land proposed to be platted as Helland's Sixth Addition, has submitted an
application for approval of the 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;
Lot 1, Block 1, and that part of Lot 1, Block 2, all in HELLAND'S FIRST
ADDITION, according to the recorded plat thereof, described as follows:
Commencing at the southeast corner of HELLAND'S FIRST ADDITION,
according to the recorded plat thereof; thence North, assumed bearing
along the east line of said HELLAND'S FIFTH ADDITION, a distance of
300.48 feet to the point of beginning of the land to be described;
thence East a distance of 1020.59 feet to the intersection with the
northerly extension of the east line of Tract A of REGISTERED LAND
SURVEY NO. 15; thence South, along said northerly extension, a distance
of 27.00 feet to the south line of said Block 2; thence East, along said
south line, a distance of 144.15 feet to the southeast corner of said
Block 2; thence northerly, along the easterly line of said Block 2, to
the northeast corner of said Block 2; thence southwesterly, along the
northwesterly line of said Block 2, a distance of 120.00 feet; thence
South 29 degrees 06 minutes 00 seconds East a distance of 250.00 feet;
thence South 10 degrees 31 minutes 35 seconds East a distance of 100.17
feet; thence South a distance of 384.19 feet; thence South 89 degrees 40
minutes 10 seconds West a distance of 900.00 feet; thence North a
distance of 54.32 feet; thence West a distance of 237.11 feet to the
westerly line of said Block 2; thence southerly, along said westerly
line, a distance of 134.04 feet to the northwest corner of said
HELLAND'S FIFTH ADDITION; thence East, along the north line of said
HELLAND'S FIFTH ADDITION, a distance of 149.36 feet to the northeast
corner of said HELLAND'S FIFTH ADDITION; thence South, along the east
line of said HELLAND'S FIFTH 4DDITION, a distance of 207.12 feet to the
point of beginning.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
1. That said plat of Helland's Sixth 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.
q-A�?
Resolution No. 7889
Page 2
2. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the County Recorder for their use as required
by M.S.a. 462.358(3).
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 23rd day of October, 1984.
ATTEST:
Gary D. Plotz
City Clerk
H. Stearns
Mayor
0
0
LJ
587 -5151
F CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: October 18, 1984
TO: Hutchinson City Council
------------------------------
FROM: Hutchinson Planning Commission
------------------------------
SUBJECT: FINAL PLAT - ORCHARD PARK FIRST ADDITION
--------------- --------- - - - - --
It is the recommendation of the Planning Commission that
the final plat for Orchard Park First Addition be approved
as submitted.
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. RESOLUTION NO. 7890
11
RESOLUTION GIVING APPROVAL OF FINAL PLAT
FOR ORCHARD PARK FIRST ADDITION
WHEREAS, Richard Schmidtbauer of Hutchinson, owner and subdivider of the
land proposed to be platted as Orchard Park First Addition, has submitted an
application for approval of the 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;
Legal Description: Lot 9, Block 1, Schmidtbauer's Second Addition,
according to the recorded plat thereof. Also north 452.00 feet of Tract
E of registered land survey No. 3, McLeod County, Minnesota. Also that
part of Tract A of Registered land survey No. 3, McLeod County,
Minnesota, described as beginning at the northwest corner of said Tract
A; thence southerly, easterly and northerly, along the westerly,
southerly and easterly lines of Bradford Street, as dedicated in said
SCHMIDTBAUERS SECOND ADDITION, to the southwest corner of said Lot 9 of
Block 1; thence east, along the south line of said Lot 9, to the
southeast corner of said Lot 9; thence south, along the west line of the
park, as dedicated in said addition, and along the southerly extension
thereof, a distance of 280.00 feet; thence West a distance of 180.00
feet; thence South a distance of 83.30 feet; thence west a distance of
120.00 feet to the west line of said Tract A; thence North along said
west line a distance of 452.00 feet to the point of beginning.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
1. That said plat of Orchard Park First 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.
2. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the County Recorder for their use as required
by M.S.a. 462.358(3).
9—'V,
0 a
Resolution No. 7890 .
Page 2
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 23rd day of October, 1984.
ATTEST:
Gary D. Plotz
City Clerk
E
Robert H. Stearns
Mayor
0
(612) 587 -5151
klmll, CITY OF HUTCHINSON
i 3? WASHINGTON AVENUE WEST
/(TCHIN'SON MINN 55350
M E M O R A N D U M
DATE: October 18, 1984
TO: Hutchinson City Council-
------- ----------- - - - - --
FROM: Hutchinson Planni� Commission
- -- - - - - -- — — — — — — — — — — — — — —
SUBJECT: FINAL PLAT - BETHKE'S ROLLING—GREENS THIRD TOWNHOUSE ADDITION
----------------------- - - - - --
It is the recommendation of the Planning Commission that the
final plat for BETHKE'S ROLLING GREENS THIRD TOWNHOUSE ADDITION
be approved as submitted.
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• RESOLUTION NO. 7891 •
RESOLUTION GIVING APPROVAL OF FINAL PLAT
. BETHKE'S ROLLING GREENS THIRD TOWNHOUSE ADDITION
WHEREAS, Larry Bethke of Hutchinson, owner and subdivider of the land
proposed to be platted as Bethke's Rolling Greens Third Townhouse Addition had
submitted an application for approval of the 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;
That part of the Northeast Quarter of the Northwest Quarter of Section 36,
Township 117 North, Range 30 West, McLeod County, Minnesota, described as
follows: Commencing at the northeast corner of said Northwest Quarter; thence
North 89 degrees 55 minutes 45 seconds West, assumed bearing, along the north
line of said Northwest Quarter a distance of 1068.51 feet; thence South 1
degree 57 minutes 15 seconds West a distance of 279.65 feet to the point of
beginning of the land to be described; thence South 0 degrees 04 minutes 15
seconds West a distance of 150.00 feet; thence south 88 dgrees 59 minutes 30
seconds East a distance of 177.60 feet; thence South 47 degrees 37 minutes 30
. seconds East a distance of 95.00 feet to the northwest corner of BETHKE'S
ROLLING GREENS SECOND TOWNHOUSE ADDITION; thence North 50 degrees 50 minutes 30
seconds East, along the northwesterly line of said addition, a distance of
331.94 feet to the northeast corner of said addition; thence North 8 degrees 37
minutes 00 seconds West, along the easterly line of Block 1 of GREENS VIEW
ADDITION, a distance of 7.00 feet to the northeast corner of said Block 1;
thence North 89 degrees 55 minutes 45 seconds West, along the north line of
said Block 1 and its westerly extension, a distance of 503.91 feet to the point
of beginnning.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
1. That said plat of Bethke's Rolling Greens Third Townhouse 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 contribu-
tion being met and appropriate subdivision agreement being drawn up.
2. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the County Recorder for their use as required
by M.S.a. 462.358(3).
0
Resolution No. 7891
Page 2
40
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 23rd day of October, 1984.
ATTEST:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
0
•
11
(612) 587 -5151
%lUTCN' CITY OF HUTCHINSON
• 37 WASHINGTON AVENUE WEST
HUTCH;NSON, MINN. 55350
M E M O R A N D U M
DATE: October 18, 1984
TO: Hutchinson City Council
------------------------------
FROM: Hutchinson Planning Commission
------------------------------
SUBJECT: FINAL PLAT - LAKEWOOD TERRACE FOURTH ADDITION
-- --- ------ ------------- -- - - --
It is the recommendation of the Planning Commission that
the final plat for Lakewood Terrace Fourth Addition be
approved as submitted.
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RESOLUTION NO. 7892
RESOLUTION GIVING APPROVAL OF FINAL PLAT
FOR LAKEWOOD TERRACE FOURTH ADDITION
WHEREAS, Loretta McDonald and Larry Bethke of Hutchinson, owners and
subdividers of the land proposed to be platted as Lakewood Terrace Fourth
Addition, have submitted their application for approval of the final plat of
said subdivision in the manner required for platting of land under the Hutchin-
son 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 the Northeast Quarter of Section 2 and
part of the South Half of Section 2, all in Township 116 North, City of
Hutchinson
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
1. That said plat of Lakewood Terrace Fourth 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.
2. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the County Recorder for their use as required
by M.S.a. 462.358(3).
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 23rd day of October, 1984.
Robert H. Stearns
Mayor
ATTEST:
. Gary D. Plotz
City Clerk
9 -.0�,
(612) 587 -5151
HUTCH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON MINN. 55350
M E M O R A N D U M
DATE: October 18, 1984
TO: Hutchinson City Council
------------------------------
FROM: Hutchinson Planning Commission
------------------------------
SUBJECT: Annexation petitioned by Dennis Albertson
------------------------ - - - - --
It is the recommendation of the Planning Commission that
the annexation as petitioned by Dennis Albertson be proceeded
with.
0
0
9- u
•
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA
The undersigned petitioner(s) respectfully represents and states that
he (0q* is sole owner of the following described lands:
The N� of the S15 of the SEA of the NEh of Section 12, Township 116 North, Range 3
West, excepting therefrom the following described tract of.land: A part of the
N�,S' of SE4 of NEa of Section 12, Township 116 N, Range 30W, McLeod County,
Minnesota. Described as follows: Beginning at a point on the South line of said
N�,S' of SE4 of NE; of said Section 12, said point being on the West 75.0 foot
Right of Way line of Minnesota T.H.No. 15, said point bearing South 89039' West
75.0 feet from the SE corner of said N]�,S;, of SE4 of NE'h of said Section 12,
thence, along the South line of said Nk,Sh of SEk of NEa of said Section 12,
South 89039' West 264.0 feet, thence due North 165.0 feet, thence North 89039'
East 264.0 feet to the West Right of Way line of Minnesota T.H.No. 15, thence,
along said R.O.W. line due South 165.0 feet to the point of beginning. Tract
containing 1.0 acres more or less. Also excepting a part of the N' of S' of
SE; of NE;, Section 12, Township 116N, Range 30W, McLeod County, Minnesota,
described as follows: Beginning at a point on the S line of said Nk, S� of
SEa of NE; said Section 12; said point bearing S 89039'.West a distance of 339.0
feet from the SE corner of said N', Sk of SE4 of NEa, Section 12, thence continua
along said S line aforesaid S 89039' West a distance of 264.0 feet; thence d
N 165.0 feet; thence N 89039: E 264.0 feet; thence due S 165.0 feet to the pcc*t
of beginning. Tract containing 1.0 acres, more or less.
And do respectfully request that said lands be annexed to and become
part of and included in the corporate limits of the City of Hutchinson.
Date: Oc
Dennis K. Albertson
Signed: BY:
C.\,M. Bradford,.AttorneY for Dennis K. Albertson
1]
•
RESOLUTION ITO. 7893
REQUEST FOR ANNEXATION
0
WHEREAS, the following described property is urban in character and adjoins
the City of Hutchinson, and
WHEREAS, the City Council of the City of Hutchinson hereby requests the
described property to be annexed to the City of Hutchinson, and
WHEREAS, authority to effect such annexation is vested in the City,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON:
THAT, annexation of the following tract be put into effect:
N 1/2 of the S 1/2 of the SE 1/4 of the NE 1/4 of Section 12, Township
116 North, Range 30 West, excepting therefrom the following described
tract:
Commencing the Southeast corner of said N 1/2 S 1/2 of SE 1/4
of NE 1/4; thence West along the South line 33 feet more or
less to a point on the West right -of -way line of T.H. 15, said
point being the point of beginning; thence North along said West
right -of -way line 165 feet; thence West parallel to said South
line 528 feet; thence South 165 feet to a point on said South
line, thence East along said South line 528 feet to the point of
beginning. Containing 8 acres more or less.
Adopted by the City Council this 23rd day of October, 1984.
ATTEST:
Gary D. Plotz
. City Clerk
Robert H. Stearns
Mayor
1— V•
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\J
SIATL OF MINNESOTA
COUNTY OF MCLEOD
IL
NOTICE OF PUBLIC HEARING
• 1112 1,7 S
OCT1984
N REEF
YOU ARE HEREBY NOTIFIED that a regular meeting of the Mci:2e4�-County Planning
Commission will be held on the 24th day of October , 19 84 , at 7:30 p.m.
in the County Commissioners' Room at the Courthouse, Glencoe, Minnesota.
THE PURPOSE OF SAID REGULAR MEETING is to consider the application of Rezoning
heretofore filed with the County Zoning Administrator by
Sharstrom Plumbing and Compton - Anderson Construction Inc.
Said application has been submitted for a Rezoning from a(n) Agricultural District
to a(n) Industry . District to allow the construction of a general contractor
and mechanical contractor offices, shop and yard.
THE PREMISES UPON WHICH said Rezoning is anticipated and situated in the
County of McLeod and State of Minnesota is described as follows to wit:
Lot 2 Block 1 David Lee Acres in Section 30 T117N, R29W.i/
THIS HEARING will be held by the McLeod County Planning Commission at which
time you may appear if you desire, either in person or by agent or attorney, in opposition
to or support of the proposed zoning change. Thereafter, the McLeod County Planning
Commission shall forward its recommendation to the County Board of Commissioners. If you
desire to appeal the Planning Commission's recommendation, you can take your request to
the County Board which has the power to overrule the decision of the Planning Commission.
DATED THIS 10th DAY OF October 19 84 .
Edwin E. Homan n —
McLeod County Zoning Administrator �/!► �
f(672) 587.5151 -
C/TY OF HUTCH/NSON
WASHINGTON AVENUE WEST
i ~U`C -hVS CN. MINN
M E M 0
DATE: October 18, 1984
TO: Mayor and City Council
FROM: Director of Engineering
RE: Mac's Bluff Addition
According to the Subdivision Agreement, construction of curb and gutter and
gravel base should be completed in 1985.
Attached is the Engineer's Report for same.
The following resolutions need to be passed:
• 1. Ordering Report
2. Receiving Report and Calling Hearing
MVP /pv
attachment
•
Marlow V. Priebe
Director of Engineering
q- x�
DATE:
TO:
FROM:
0
October 18, 1984
ENGINEER'S REPORT
CITS OF HUTCHINSON
Mayor and City Council
Director of Engineering
SUBJECT: Street Improvement Project
Gentlemen:
0
I have studied the following areas and find that the proposed project is
feasible and recommend it be constructed. If acceptable, I recommend a
hearing be held on the 13th day of November, 1984.
PROJECT N0. 85- 01 -34: Construction of Gravel Base and Curb and Gutter and
Appurtenances on Walnut Street and Hillcrest Road in
Mac's Bluff Addition
Construction Cost
Engineering
Fiscal and Miscellaneous
Land Acquisition
Capitalized Interest
TOTAL--- - - - - --
Assessable Cost
Deferred Assessable Cost
City Cost
MVP1pv
$ 14,500
1,450
1,450
1,450
18.850
$ 18,850
TOTAL --------------- = ---------------- $ 18,850
Respectfully submitted,
Marlow V. Priebe
Director of Engineering
i
•
•
i
•
• •
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
PROJECT N0. 85 -01 -34
Resolution No. 7895
WHEREAS, it is proposed to improve Walnut Street and Hillorest Road in
Mac's Bluff Addition by the construction of Gravel Base and Curb and Gutter
and Appurtenanoes, and to assess the benefited property for all or a portion
of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 4299
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
MINNESOTAs
That the proposed improvement be referred to Marlow V. Priebe for study
and that he is instructed to report to the council with all convenient speed
advising the council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as proposed
or in connection with some other improvement, and the estimated cost of the
improvement as recommended.
Clerk
Adopted by the council this 23rd day of October, 1984.
9
Mayor
•
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
PROJECT N0. 85 -01 -34 •
RESOLUTION N0. 7896
WHEREAS, pursuant to resolution of the Council adopted October 23rd,
19849 a report has been prepared by Marlow V. Priebe with reference to the
improvement of Walnut Street and Hillorest Road in Mac's Bluff Addition by the
construction of Gravel Base and Curb and Gutter and Appurtenances, and this
report was received by the council on October 23rd, 1984.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
MINNESOTA:
1. The council will consider the improvement of such street in
accordance with the report and the assessment of benefited property for all or
a portion of the cost of the improvement pursuant to Minnesota Statutes
Chapter 429 at an estimated total cost of the improvement of #18,850.00.
2. A public hearing shall be held on such proposed improvement on the
13th day of November, 1984, in the Council Chambers of the City Nall at
p.m. and the clerk shall give mailed and published notice of such hearing and
improvement as required by law.
C1
Adopted by the council this 23rd day of October, 1984. .
Mayor
•
• 0
Published in the Hutchinson Leader on Tuesday, October 30th, 1984, and on
Tuesday, November 6th, 1984.
•
NOTICE OF HEARING ON IMPROVEMENT
PROJECT NO. 85 -01 -34
PUBLICATION NO. _
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota,
Will meet in the Council Chambers of the City Hall at 8:00 P.M. on the 13th
day of November, 1984, to consider the making of an improvement on Walnut
Street and Hillemst Road in Maus Bluff Addition by the construction of
Gravel Base and Curb and Gutter and Appurtenances, pursuant to Minnesota
Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for
such improvement is the benefited property. The estimated cost of such
improvement is ;189850.00. Such persons as desire to be heard with reference
to the proposed improvement will be heard at this meeting.
City Clerk
Dated: October 24th, 1984
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE
FOR OR AGAINST TUB PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE
BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION.
11
() 587 -5151
jffj37 ITY OF HUTCHINSON
WASHINGTON AVENUE WEST
CHINSCN. MINN. 55350
M E M 0
DATE: October 18, 1984
TO: Mayor and City Council
FROM: Director of Engineering
RE: Watermain
Due to the lack of a City Watermain on Oak Street between McLeod Avenue and
College Avenue, the property owners have had to install a misfit system of
services, as shown on the attached drawing. There has been one leak repaired
on the 11411 galvanized service line about two years ago.
That street is programmed for a wear course overlay, however, before the
above - mentioned section is done, a watermain should be installed and
properties hooked up or service leads provided.
• I, therefore, recommend this be done in 1985 and the overlay be delayed for
this block until 1986,
MVP/PV
attachment
cc: Ralph Neumann
Dick Nagy
Marlow V. Priebe
Director of Engineering
9- y
(612) 879 -2311
. f/!/TlH" C1TY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: October 23, 1984
TO: _ Mayor & City Council _ _ _ _ _ _ _ _ _ _ _
FROM: _ Water Billing Department
SUBJECT: _ Delinquent Water Accounts _ _ _ _ _ _ _ _ _ _
Attached is a listing of the delinquent water accounts for the month of
October. Recommend water service to be discontinued on Monday, October
• 29, 1984 at Noon.
•
2- 070- 0565 -081 • 2- 035- 0654 -041 •
David Norton Larry R. Wendorff
565 Fourth Ave. SW 654 2nd Ave. S.W.
Hutchinson Mn 55350 Hutchinson MN 55350
565 Fourth Ave. SW 654 2nd Ave. S.W.
64.34 60.66
Promises 11/01
2- 350 - 0505 -021
Richard Mattson
505 Dale Street
Hutchinson MN 55350
505 Dale Street
72.59
2- 585 - 0621 -081
Mrs. Ruth Piehl
621 Juul Road
Hutchinson Mn 55350
621 Juul Road
73.58
Promises 11102
2 -465- 0626 -081
Chris Johnson
626 Harmony Lane
Hutchinnon MN 55350
626 Harmony Lane
86.73
cc: LeRoy Johnson
215 David Ave. No.
Litchfield Mn 55355
2- 585- 0642 -032
Rick Weispfenning
642 Juul Road
Hutchinson MN 55350
642 Juul Road
42.27
2- 670 - 0506 -041 2- 925 - 0804 -061
Pat Mahoney Gene Burch
506 Lynn Road 804 Sunset Street
Hutchinson MN 55350 Hutchinson MN 55350
506 Lynn Road 804 Sunset Street
117.16 87.57
$25 weekly beg. 10/26
3 -210- 0506 -091 3- 330 - 0131 -072
Randy Gunderson David Nonweiler
506 Adams RR 1
Hutchinson MN 55350 Brownton MN 55312
506 Adams 131 College Ave.
104.31 63.38
Promies to pay $25.00 10/26
$25.00 11102 - $13.38 11/09
2- 345 - 0744 -011
Odella Radtke
744 Craig Ave.
Hutchinson MN 55350 •
744 Craig Ave.
92.38
Promises 11/01
2 -470- 0715 -031
E. Duesterhoeft
715 Harrington Street
Hutchinson Mn 55350
715 Harrington Street
94.78
2- 620 - 0540 -031
Mark Schmidt
540 Larson Street
Hutchinson Mn 55350
540 Larson
92.35
E
2- 670- 0557 -022
Richard VanGilder
Box 170 RR 1
Hutchinson MN 55350
557 Lynn Road
106.44
Promises 1/2 11102 - 112 ll /"
•
0
(612) 587 -5151
9
f/U1CH" CITY OF HUTCHINSO
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
October 17, 1984
Mayor Robert Stearns and the
members of the Hutchinson City Council
RE: Legal Opinions from Outside Sources
Dear Councilmembers:
Since I became City Attorney for the City of Hutchinson,
I have attempted to answer any and all legal questions placed
to me by Councilmembers of city staff in a prompt, diligent
and impartial manner. If my response to any question was not
palatable to a councilmember or staff member, I have never
been unwilling to seek independent verification of my opinions.
On many occasions during the last three years, I have contacted
the Attorney General's Office or the League of Minnesota Cities
and sought their formal opinion on questions which I had already
attempted to answer. I believe that you will find that for the
most part, the opinions received from these two sources have
verified the information which I provided the council.
In the last two years
for individual councilmembers
seek direct opinions from the
League of Minnesota Cities.
procedure is unwise from both
view point.
there has been a growing tendency
to bypass the City Attorney and
Attorney General's Office or the
strongly feel that such a
an administrative and a practical
The City Attorney is the legal
Hutchinson. If legal questions arise,
equipped to provide rapid and authorit
City Attorney is bypassed, there is no
office can be aware of or prepared for
may face the city. To fail to utilize
advisor to the City of
he is the source best
ative answers. If the
way that the City Attorney'
potential problems that
the office of the City
Attorney is, to me, a waste of a valuable resource.
I would also question the utility of opinions obtained
from secondary sources if those opinions are not obtained with
input from the City Attorney's office. Whenever I contact the
Attorney General's office or the League of Minnesota Cities,
I attempt to provide them with information that completely out-
lines the legal and the factual situation as I perceive it. I
attempt to fairly provide arguments made for both sides and the
basis for my forming the legal conclusions that I have formed.
• I feel confident that whenever I have concluded speaking or
contacting the Attorney General or the League, they are fully
/D -C',
f r
Mayor and City Council •
October 17, 1984
Page Two
apprised of the situation and are capable of forming a valid
opinion on the questions raised. If that opinion is different
than mine, they outline the reasons for the difference and
provide me with the tools needed to further research the question.
If the City Attorney has not participated in providing input to
the Attorney General's office or the League, then I, as an attorney,
cannot be sure what information was provided these agencies or
how they reached their conclusions. Their opinion may agree
with mine but if their opinion is based upon incomplete or
incorrect data, their opinion would not be valid. In a like
manner, if their opinion differs, such difference would only be
valid if both opinions were based upon the same underlying data
and factual information.
I do believe that these two sources of information are
valid and useful. I do not believe that it is right or proper
to attempt to pick the opinions of the City Attorney's office
against the opinions of the Attorney General of the League of
Minnesota Cities.
I would request that all questions of a legal nature be
directed to the City Attorney's office. I will respond in an
informal manner if such a response is appropriate; but will
respond in writing if the response requires great detail or if
requested to do so. Any response to a specific item of controversy
will be reduced to writing and provided the entire council. If
any councilmember or staff member feels that the response is
inaccurate or not a correct interpretation of law or statutes,
they may request a formal opinion from the Attorney General's
office or the League of Minnesota Cities. I will then draft
such a request in writing outlining the question and the factual
basis surrounding the issue. This document will be presented
to the council for their. review prior to submitting it for answer.
When all parties agree that the information is substantially
correct and the question is properly phrased, it will be submitted
to the appropriate source. By proceeding in this manner, all
parties can agree that the issues involved have been fairly
presented and that the response will be dispositive of the issue.
It should be remembered that many of the issues presented
to the City Attorney for resolution are not capable of being
precisely answered in black and white terms. It is my position
that if a proposed action is clearly contrary to statute, ordinance
or charter, it is my duty to so advise the council. If the
matter is subject to various interpretations, I have always
attempted to fully inform the council concerning the various •
possible legal ramifications of any action taken by the council.
If I feel that a particular course of action is preferable to
another, I will so recommend. Once I have informed the council of
i r
Mayor and City Council
October 17, 1984
Page Three
the various legal ramifications of any action and made my
recommendation, it is up to the council to determine the course
of action which it desires to pursue. Once the council makes
such a determination, it is my duty as City Attorney to attempt
to uphold and enforce that determination to the best of my
ability. I have always attempted to do this even if I did not
necessarily agree with the course of action taken.
Hopefully this letter will clarify the policies and
procedures which I feel I have attempted to follow and which
should be followed in the future. If any of you have any
questions concerning this matter or any other matter, I urge to
stop in my office and discuss them with me personally. It is
important that lines of communication between council and staff
be kept open if the council and staff are to work together in
an efficient and harmonious manner.
0
JHS:dlp
i
Respectfully submitted,
CITY OF HUTCHINSON
By/ "+
Ja es H. Schaefer
Hutchinson City Attorney
0 REGULAR COUNCIL MEETING
WATER L SEWER FUND
First Trust Co. of St. Paul
N.W. Bell Co.
Hutch Area Vo Tech
Hydraulic Specialty
Blue Cross Blue Shield
Canada Life Assurance Co.
Electric Motor Co.
Firemans Fund Insurance
Fitzloff Hardware
Hutch Cennex
Jerabek Machine Shop
Juul Contracting
Logis
Mn. Mutual Ins. Co.
Power Process Equipment
RCM
State Treasurer
*State Treasurer
*Hutchinson Telephone Co.
•
CENTRAL GARAGE
*State Treasurer
Hutch Area Vo. Tech
Jeffs Auto REpair
Pleasureland Inc.
Sec. State Bank (Teply Equip)
Blue Cross Blue Shield
Canada Life Assurance Co.
Firemans Fund Ins.
Forbes Auto Store
Mn. Mutual Life INs.
STate Treasurer
Swanke Motors
Town & Country Tire
Wigen Chev.
OCTOBER 23, 1984
interest & paying fees
$ 68,056.25
lease line installation
1,057.70
work study student
143.38
repairs
1,000.00
Oct. medical insurance
1,456.57
Oct. dental insurance
174.91
rewind motor
120.00
Oct. LTD insurance
52.10
supplies
30.98
gasoline
789.24
repairs
33.00
curb box & bushing
22.00
terminal & printer & computer chgs
2,496.14
Oct. life ins.
51.77
supplies
216.06
professional services
2,459.84
PERA
261.79
Social Security
353.76
phone service
175.48
Soc. Sec.
work study student
repairs
parts
parts
Oct. medical ins.
Oct. dental ins.
Oct. LTD ins.
parts
Oct. life ins.
PERA
parts
repairs & parts
3/4 ton pickup 4 x 4
$ 78,9 50.97
$ 64.78
39.87
153.49
26.20
77.32
174.60
23.79
6.18
30.60
6.20
39.33
20.45
32.50
13,628.02
$_14,323.33
/l -Q,
-z-
•
GENERAL FUND
•
*Hutchinson Telephone Co.
phone service
$2948.11
*State Treasurer
social security
2565.87
*Mn. State Treasurer
boat registration fees
98.00
*Dean O'Borsky
advance for seminar in Utah
400.00
*Mn. Playground
down payment on shelter
9699.03
*US POSTMASTER
postage
1650.00
*Commissioner of Revenue
arena Sept. sales tax
2.54
John Bernhagen
supplies
50.60
N.W. Bell
leaseline installation for computer
711.77
Hutch Area Vo Tech
work study students
44.89
Nina Bonniwell
refund on purchased tickets
33.00
Kenneth Rathbun
stump removal refund
29.40
Janice Messner
skating refund
15.00
Acme Wash Inc.
4 car wash maintenance
16.00
Anderson Interiors Inc.
supplies
7.43
APCO
registration fees
73.00
Automation Supply Co.
office supplies
30.20
Mr. & Mrs. Lee Cheney
mowing city grass
30.00
City of Princeton
personnel manual
95.00
City of Hutchinson
arena building permit
118.00
Hanson Throp Pellinen Olson
survey work
1332.00
Lindsay Publications
publication
9.95
Mn. Legal ChangesSeminar
registration fees
40.00
Nat'l Inst. of Urban Wildlife
2 guides
6.00
Star Chapter of ICBO
membership dues
25.00
.No.
Prentice Hall Inc.
publication
35.96
R.L. Polk Co.
motor vehicle reg. manual
22.00
Crow River Country Club
120 Star CityBanquet dinners
960.00
Big Bear
supplies
214.85
Cash Drawer #4
supplies
47.50
Central Garage
vehicle rental
68,071.00
Central Garage
repairs
131.44
Coast,�o Coast
supplies
106.46
Canada Life Ass. Co.
Oct. dental insurance
1581.22
Firemans Fund Ins.
Oct. life ins.
553.25
Farmers Elev. Assn.
chemical
25.00
Felskas Machine
supplies
178.15
Great Plains
hockey rink supplies
290.78
Fitzloff Hardware
supplies
294.58
Guardian Pest Control
pest control
33.25
Hutch Cennex
gasoline
3715.98
Home Bakery
supplies
92.64
Hutch Comm. Hospital
laundry
4.50
Hutch Drug Inc,
supplies
30.46
Hutch Fire Dept.
State fire aid
23,124.00
Hutch Leader
publication costs
472.58
Hutch Medical Center
Johnson physical
100.00
Hutch Plbg & Htg.
supplies
39.10
Jahnke Red Owl
supplies
4.58
computer chgs
2616.58
•Logis
Mn. Mutual Life Ins.
Oct. life ins.
456.01
Mankato Mobile Radio
pageboy charger & repairs
68.39
Marco Busines Products
repairs
111.76
Kenneth Merrill
fin. officers seminar
86.36
Midland Lines Inc.
% of freight
960.57
-3
ICMA
McGarvey Coffee Inc.
Olsons Locksmith
Sewing Basket
Schmeling Oil Co.
Hazel Sitz
State Treasurer
James Schaefer
U.B.C.
Xerox
Wm. Mueller & Sons
Blue Cross Blue Shield
*U.S. Postmaster
nnMn vminc
1981 Parking Bonds
Bennie Carlson
• •
Library Construction Bonds
Korngiebel ARchitecture
Hutch Leader
Chapin Pub. Co.
Bonds of 1982
First Trust Co. of St. Paul
Bonds of 1984
Juul Contracting
0
contribution
125.60
coffee
84.80
repairs
3.00
tarp repair
3.00
grease
22.80
workshop
44.90
PERA
3456.24
last half October
962.50
supplies
424.29
maintenance & paper
348.50
street materials
833.00
Oct. medical ins.
11,767.39
stamps for election
20.00
$125,172.21
contract payment $669.30
fees 14,629.60
bid ads 32.06
bid publications 91.96
interest and agent fees 21,200.00
est. #3, proj. 84 =07 2390.00
MUNICIPAL LIQUOR FUND
Ed Phillips $ Sons
wine 4 liquor
$2421.60
Griggs Cooper $ Co.
wine & liquor
3721.38
Quality Wine $ Spirits
wine $ liquor
2501.59
Twin City Wine Co.
wine $ liquor
1685.11
Ed Phillips $ Sons
wine $ liquor
530.96
Northland Beverages Inc.
mix
320.65
Quade Electric
lamp holder
4.64
Hutch Mun Utilities
electricity
720.05
City of Hutchinson
water,sewer,refuse
46.01
State Treasurer
PERA
154.55
Commissioner of Revenue
Sept. sales tax
7033.89
Junker Sanitation
Sept. refuse
97.50
City of Hutchinson
payroll
3886.58
City of Hutchinson
insurance
53.60
Allen Office Products
tape,&, pen
25.00
State Treasurer
Soc. sec. contribution
254.56
Griggs Cooper $ Co.
wine $ liquor
3900.84
Quality Wine & Spirits
wine $ liquor
1525.74
Twin City Wine Co.
wine $ liquor
1607.40
Ed Phillips $ Sons
wine $ liquor
4050.92
$ 34,542.56
•
•
October 17, 1984
Dear City Official:
4fP""HLLS 4""'
City of Fergus Falls ,ffC Se
FERGUS FALLS, MINNESOTA 56537 ,'I1''
i5eo- qol
Office of
JAMES L. NITCHALS
City Administrator
o
��`��g1617 +fg2
m
p,/�
X18' �
FOR YOUR INFORMATION
Fergus Falls urgently needs your help! We need an Industrial Development
Bond allocation of $4.5 Million Dollars out of the 1984 allotment. If your
City has an excess allotment that will be lost by the end of October,
please give me a call immediately. We are willing to pay a reasonable
amount for your allotment, plus cover all legal fees.
If you willing to consider this, please call me collect at 218- 739 -2251.
Sincerely,
James L. Nitchals
City Administrator
JLN /co
Equal Opportunity Employer
i
K' af
NAME
Gail Verhey
,
•
EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL
JOB TITLE Gymnastics Instructor
FOR YOUR INFORMATION
DATE October 10, 1984
ADDRESS
Dassel
SUPERVISED BY Barb Haugen, Bruce Ericson
EMPLOYMENT STATUS X NEW EMPLOYEE OTHER:
FULL TIME X PART TIME OR SEASONAL
PAY RATE $6 /1r
COMMENTS Skilled instructor for gymnastics fall program
THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL
POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS,
D,\ TnMtt E A D
PERSONNEL ORDINATOR
I
CITY ADMINISTRATOR
DEVELOPMENT CORPORATIOUESIGN CDMMITTEB ✓ L �Q /(j (� y
October 4, 1984 I r
Members Present: John Rorngiebel, chairman; T.A. Burich, HCDC; John Bernhagen,
0 HCDC Executive Director; Gary Plotz, City administrator
A name for the committee was discussed. No decision was reached. The following
are suggestions:
I. HCDC Design Committee
2. Beautification Committee
3. HCDC Downtown Redevelopment and Design Committee
John Bernhagen will contact Gary Larson of the Downtown Retail Association
to explain committee function and to propose having one of their officers
sit in on our committee meetings and one of our members sit in on their
committee meetings. The committee is considering ways to coordinate remodeling
and new construction in downtown area. A mission statement was discussed.
A first drafC proposal is as follows:
The Committee shall be called "The " The committee's
purpose is to establish a private and public partnership to co"
ordinate the development, redevelopment and design of downtown
Hutchinson.
The following were considered as objectives:
General priority
Facade concepts
City co-ordination
Set up building designs within a specified district
The following goals were suggested:
Specific priorities
recommendation on design of Bretzke property parking lot
access of above parking lot to main street
consider city ordinance for design review of facade and site
select a specific block for a beginning consideration for re-
development concept
establish criteria for Tax Increment Financing for public improvement
and private loans
The Chairman will personally contact additional members for committee
membership.
The next meeting will be Thursday, November 1, at 9:00 a.m. at the Chamber
of Commerce board room.
sy
0
"WHAT's mVEIOPInd"•
Wchinson Community Development Corporation (HCDC) John Bernhagen, Exec. Director
WLibrary Square 10 -15-84
Hutchinson, MN 55350
(612) 587 -7500
NEW DIRECTORS AND OFFICERS
DEVMPMENT CORPORATION DESIGN COMMITTEE
At the recent annual membership of
DOWNTOWN DESIGN COMMITTEE
HCDC, twenty -one of its twenty -nine
members were present. The member-
Through meetings of downtown retailers
ship approved a Bylaw change allowing
beginning last February, a committee
the Board to expand from its five mem-
that has became very active is, for lack
bers to a maximum of nine. Seven
yet of another name, the Beautification
directors were elected by the member-
Committee." The committee presently
ship for 1985. They are as follows:
consists of John Korngiebel as Chairman,
Ron McGraw, Glenn Matejka, T.A. (Buzz)
Dick McClure as Secretary: Other mem-
Burich, Art Cooper, Donald Glas, Chad
bers being Jay Alrick, Jo Willmert,
Piehl, and Tom Daggett. At a sub -
Cheryl Dooley, Buzz Burtch. HCDC Board
sequent meeting of the Board, the
member John Bernhagen, Advisor; Rufus
following were elected as officers:
Alexander, Advisor; and Marlow Priebe,
Ron McGraw, President; Art Cooper,
Advisor. The group has a first draft
Vice President; and Chad Piehl
of a mission statement as follows:
Secretary/Treasurer.
The committee shall be called "The "
The committee's purpose is to estab-
lish a private and public partnership
to coordinate the development, redev-
GRAXr APPLICATION IN THE MAKING
elopment and design of downtown Hutch-
inson.
Meetings are being held with West
Projects that they are presently working
Central Personnel to develop a low-
interest financing application to the
on are:
1. Beautifying parking lots
State of Minnesota. Our schedule is
2. Coordinating an alley improve-
to have all of the detail work done with
ments program
the application to be sent in and, hope-
3. Giving consideration to review
fully, approval during the calendar
city ordinances for design of
year of 1984. The successful completion
facade and site on downtown
of this project will have many posi-
buildings.
tive outcomes. Several of which are:
4. Suggest financial help program
1. Provide employment for low and
5. Select a specific block in the
moderate income individuals
downtown for a redevelopment
and handicapped
2. Provide a local market for
concept.
salvage j
3. The beginning of an environ-
mental waste management pro-
STAR CITY WORK FINALIZED
gram of recycling
After two years of intensive work by
4. Making available to the city
many Individuals, the tools that the
a revolving loan fund for future
Star City Program brings to the city
industries
were finalized at the Star City awards
5. The location of a new industry
Banquet on October 1. Approximately
for our community.
110 people attended the evening's
festivities. Many committees were co-
ordinated from the HCDC office. A big
THANK YOU goes out to everyone that
helped.
INDUSTRIAL CALLS
We identify nineteen industites in our
community ranging from a one -man tool
and die shop to the two A plants with
a combined employment-of '2,083 employees.
Each of these.industries ,sas personally
visited in order to have an opportunity
to discuss their questions regarding
city and state problems as well as sug-
gestions they may have.
The information gathered from these
visits will be forwarded to the State
Department of Economic Development and
will become the topic of discussion at
a meeting on October 24 with Commissioner
Mark Dayton and other Star City repre-
sentatives. The information received
at these visits will also be the topics
of several meetings planned for our
committee.
EXTENSIVE LABOR SURVEY. UNDERWAY
In order to give existing industries and
potential developers .h statistically
sound projection of labor potential,
a blanket labor survey will be conducted
in November. This is being done with
the cooperation of Hutchinson and
Glencoe Utilities and McLeod Coop Power
Assn. by enclosing two questionnaires
in each electric bill. HAVTI will be
doing the computer entry upon return of
questionnaires and St. Cloud State
University will be running the program
for us. To our knowledge to date, this
will be the most extensive and.complete
labor survey of any area in the state:
r
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