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cp11-25-1980 ca HUTCHINSON CITY CALENDAR i;JEEK OF November 23 TO November 21) 1980 V' DNESDAY —26— SUNDAY —23— do THURSDAY —27— THANKSGIVING DAY MONDAY —24— Noon - Special Meeting of Planning Commission at City Hall 2:00 P.M. - Utilities Commissio Meeting at Utilities Office FRIDAY —28— TUESDAY —25— 7:30 P.M. - City Council Meet- ing at City Hall SATURDAY —29— t AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 25, 1980 A. Call Meeting to Order - 7:30 P.M. /2. Invocation - Reverend Richard H. Coston f3. Consideration of Minutes - Special Meeting of November 7, 1980 and Regular Meeting of November 12, 1980 Action - Motion to approve - Motion to approve as amended 4. Public Hearing None 5. Communications, Requests and Petitions VI(a) Consideration of Petition for Further Hearing on Richard Schmidtbauer Annexation Action - Motion to reject - Motion to waive reading and adopt Resolution �b) Consideration of Appointments to Transportation Board: 1. Jack Kj os 2. Mrs. Ralph D. (Geraldine) Johnson Action - Motion to ratify appointments 6. Resolutions and Ordinances V(a) Resolution No. 6638 - Resolution Authorizing Filing of Grant Application with MN /DOT for 1981 Transportation Assistance W ) Action - Motion to reject - Motion to waive reading and adopt 7. Reports of Officers, Boards and Commissions ✓(a) Monthly Financial Report - October 1980 Action - Order by Mayor received for filing V(b) Minutes of Hutchinson Planning Commission dated September 16, 1980 Action - Order by Mayor received for filing COUNCIL AGENDA NOVEMBER 25, 1980 ,/(c) Minutes of Hospital Board dated October 21, 1980 Action - Order by Mayor received for filing Vd) Minutes of Nursing Home Board dated October 21, 1980 Action - Order by Mayor received for filing 8. Unfinished Business A a) Consideration of Main Street Light Poles and Street Banners (DEFERRED NOVEMBER 12, 1980) Action - ,//(b) Consideration of Priority Rating for 1981 Projects (DEFERRED NOVEMBER 12, 1980) //nn Action - Motion to reject - Motion to approve J VAC) Consideration of Briggs & Morgan Legal Fees Statement for Developers Diversified Lawsuit (TABLED AUGUST 12, 1980) Action - 9. New Business VI(a) Consideration of Authorization for Hutchinson Community Hospital to Advertise for Bids on Energy Computer Action - Motion to reject - Motion to approve advertising for bids ✓(b) Consideration of Authorization for Hutchinson Community Hospital to Purchase Two Cardiac Monitors Action - Motion to reject - Motion to approve purchase VI(c) Consideration of Authorization for Hutchinson Community Hospital to Purchase 15 Replacement Color TV Sets Action - Motion to reject - Motion to approve purchase /(d) Consideration of Authorization for Hutchinson Community Hospital to Purchase Five Hospital Beds with Attachments Action - Motion to reject - Motion to approve purchase -2- A VP 0 0 COUNCIL AGENDA NOVEMBER 25, 1980 /e) Consideration of Part -Time Police Officer Action - Motion to reject - Motion to approve employment f) Consideration of Delinquent Water and Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuance of service yEg) Consideration of Resignation by Pam Isaacson Action - Motion to reject - Motion to accept resignation - Motion to adopt // Resolution of Appreciation V(h) Consideration of CETA Employee ` Action - Motion to reject - Motion to approve employment Consideration of Purchase of File Cabinets for Police Department Action - Motion to reject - Motion to approve purchase V�j) Consideration of Request for Snow Removal Permit: 1. Walter Clay 2. Edwin Karg 3. Curtis W. Paulsen 4. H. H. Lepel Action - Motion to reject - Motion to approve and issue permit vl(k) Consideration of Auditing Firm for 1980 Year End Audit Action - Motion to reject - Motion to approve audit proposal 10. Miscellaneous VI(a) Communications from the City Administrator 11. Claims, Appropriations and Contract Payments ,�(a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. L)ournment - 3- AGENDA ADDITION REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 25, 1980 0- Consideration of Minutes - Special Meeting of November 21, 1980 Action - Motion to approve - Motion to approve as amended 4 Resolutions and Ordinances (b) Resolution No. 6639 - Transferring $10,000 from Liquor Store to General Fund Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished .Business ,/(d) Consideration of Street Department Truck Bid (DEFERRED NOVEMBER 21, 1980) Action - Motion to reject - Motion to award bid 9. New Business ,/(/1) Consideration of Advertising for Bids for Sale and /or Demolition of Two Houses and /or Garages on Property Adjacent to Elderly High Rise Site (Forcier and Guetter) Action - Motion to reject - Motion to advertise for bids on December 8, 1980 at 2:00 P.M. V(m) Consideration of Upgrading Telephone System at City Hall Action - Motion to reject - Motion to authorize installation of telephone system and enter into contract /(n) Consideration of 1981 Shade Tree Application Action - Motion to reject - Motion to approve application - Motion to waive reading and adopt Resolution No. 6642 ✓(o) Consideration of Request for Conditional Use Permit Submitted by Orville Martin with favorable recommendation of Planning Commission Action - Motion to reject - Motion to waive reading and adopt Resolution ✓(p) Consideration of Request for Rezoning Submitted by the City of Hutchinson with favorable recommendation of Planning Commission Action - Motion to reject - Motion to waive first reading of Ordinance and set second reading for Ddcember 9, 1980 AGENDA ADDITION NOVEMBER 25, 1980 ,/(q) Consideration of Land Transfer to Lorraine A. Meyer Action - Motion to reject - Motion to refer to City Attorney for recommen- dation 11. Verified Claims /(b) Statement from Keefe & Schantzen Action - Motion to approve and authorize payment from appropriate funds -2- :1 0 0 MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL FRIDAY, NOVEMBER 7, 1980 The special meeting was called to order by City Engineer Priebe at 2:00 P.M. since no Council members were present. Also present were: City Engineer Priebe and Main- tenance Operations Director Neumann. Publication No. 2344, Invitation for Bids, City of Hutchinson, Purchase of A Front - End Loader, was read,- and the bids were then opened. (See attached Bid Tabulation Sheet) Publication No. 2345, Invitation for Bids, City of Hutchinson, Purchase of A Self - Powered Snow Blower, was read, and the bids were then opened. (See attached Bid Tab- ulation Sheet) Publication No. 2346, Invitation for Bids, City of Hutchinson, Sale of A Front -End Loader, was read. The following bids were opened and read: Anderson, Inc., Princeton, MN Jerke Construction Co, Sioux Falls, S.D. Buffalo Manor, Buffalo, MN Gerald E. Hanson, Inver Grove Hghts., MN $4,525.00 9,200.00 - Loader Only 11,200.00 - Combined Offer 6,600.00 5,500.00 Publication No. 2347, Invitation for Bids, City of Hutchinson, Sale of a Self Powered Snow- Blower, was read. The following bids were opened and read: Anderson, Inc., Princeton, MN $ 250.00 Jerke Construction Co., Sioux Falls, S.D. 1,000.00 -Snow-Blower Only 11,200.00 -Combined Offer The bids were referred to the City staff for review and recommendation to the next Council meeting. There being no further business, the meeting adjourned at 3:00 P.M. E CITY OF HUTCNINSON BID TABULATION PURCHASE OF PRONT -END LOADER NOTE 1 - H 60 E 8 Blanchet Blower - $93,923.00 - Time payment of $60,000, Balance $48,784.00 H 60 E 8 Blanchet Blower Less Trade in of Loader A Blower $84,423.00 - Time Payment of $60,000.00 Balance $37,327.96 NOTE 2 - If balance is paid one year sooner, save $192.98 1] LONG LAKE BO R - ROAD RM CASE POWER TRI INTERNATIONAL FORD TRACTOR MINNESOTA INGERSOLL MACHINERY MACHINERY 8 EQUIPMENT EQUIPMENT MIDWAY HARVESTER INC. TRACTOR INC. INC. SUPPLIES CO. SUPPLIES CO. EQUIPMENT COMPANY COMPANY TRACTOR See Note 41 3-c—O'No-f—e-rr SURETY BOND BOND BOND BOND BOND BOND BOND BOND BOND BOND TOTAL PRICE BID (52,100.00 $52,896.00 , 96. SS4,962.00 , $58,590.00 S8,S90.00 $59,725.00 59,725.00 SS4,S64.00 S54,S64.00 $51,913.00 51,913.00 $61,370.00 $61,370.00 SSS,862.00 SS5,862.00 SS4,621.10 SS4,621.10 TOTAL PRICE BID LESS J9 $7JBID LOADER TRADE 500.00 4 000.00 7 500.00 7 500,00 7 500.00 4 500.00 14 247.00 S 500.00 8 500.00 4 S 0 5 S. 61 1 4 3 0 TOTAL PRICE BID LESS 52,896.00 54,952.00 SSB 590.00 . $59 725.00 . SSI 564.OP , $51,913.00 $61,370.00 BLOWER TRADE 3 000000.0000 1 500.00 500.00 500.00 500.00 500.00 S 000.00 NO BID NO BID 090, 0 49 896.00 0 0 TOTAL PRICE BID LESS S ,896.00 54,952.00 $58,590.00 $59,725.00 $54,564.00 SS1,913.00 $61,370.00 LOADER 4 BLOWER TRADE 13 000.00 S 500.00 8 500.00 8 000.00 8 000.00 5 000. 00 16 247.00 NO BID NO BID TIME PAYMENT BALANCE/ $40,000 BASE 18,567.22 $21,649.00 $25,249.50 $24,600.61 $18,717.43 $19,806.94 $34,070.00 + At�Simple NO BID TIME PAYMENT BALAN Interest 540,000 BASE - LESS 6,112.48 $17,730.45 S1S,885.o9 $15,795.25 S 9,992.S7 $13,461.74 $13,731.00 + 8% Simple NO 810 LOADER TRADE TIME PAYMENT BALANCE/ Interest 540,000 BASE - LESS NO BID 514,634.14 $20,777.48 $24,741.43 $24,013.58 $18,217.43 $19,101.92 526,930.00 NO BID NO BID BLOWER TRADE TIME PAYMENT BALANCE 540,000 BASE - LESS NO BID $ 1,S23.89 $15,901.93 $14,736.80 $15,208.23 $ 9,412.09 $12,7S6.71 $10,870.00 NO BID NO BID LOADER 6 BLOWER TRADE DELIVERY 45 Days 60 - 90 30 - 4S 60 - 90 4 - S S weeks 60 Days 30 Days 30 - 4S 90 Days Day? Days Days Weeks Days TYPE H 60 E Ford A64 Plat Allis GM Terex Clark SSB Clark SSC Case W20 Trojan 1900 JD 44 -8 Ford A64 60S -8 72 -218 NOTE 1 - H 60 E 8 Blanchet Blower - $93,923.00 - Time payment of $60,000, Balance $48,784.00 H 60 E 8 Blanchet Blower Less Trade in of Loader A Blower $84,423.00 - Time Payment of $60,000.00 Balance $37,327.96 NOTE 2 - If balance is paid one year sooner, save $192.98 1] CITY OF HUTCHINSON BID TABULATION PURCHASE OF SELF POWERED SNOW - BLOWER J 0 INTERNATIONAL LONG LAKE FORD TRACTOR MACQUEEN ITASCA I CASE POWER { CASE POWER 8 CASE POWER 8 BORCLERT- HARVESTER INC. EQUIPMENTCO. E IPMENT CO. MC?ULLEN CO. EQUIPMENT EQUIPMENT EQUIPMENT INGERSOLL INC. SURETY BOND NONE BOND MORE CERTIFIED BOND BOND BOND BOND CHECK TOTAL PRICE BID $41,823.00 NO BID $30,080.00 NO BID $27,547.00 $68.000.00 $43,000.00 $45,000.00 $44,060.00 TOTAL PRICE BID LESS NO BID NO BID NO BID NO BID NO BID $63,500.00 $38,500.00 $40,500.00 $36,S60.00 LOADER TRADE TOTAL PRICE BID LESS $39,823.00 NO BID $27,582.00 NO BID $27,047.00 $67,500.00 $42,500.00 $44,500.00 $43,560.00 BLOWER TRADE TOTAL PRICE BID LESS p1O BID NO BID NO BID NO BID NO BID $63,000.00 $38,000.00 $40,000.00 $3S,S60.00 LOADER 4 BLAMER TRADE TIME PAYMENT BALANCE/ $ NO BID NO BID NO BID NO BID NO BID $69.186.74 $33,935.59 $36,75S.6B $31,148.34 $20,000 BASE TIME PAYMENT BALANCE $20,000 BASE - LESS NO BID NO BID NO BID NO BID NO BID $62,641.53 $27,590.38 $30,410.46 $21,768.91 LOADER TRADE TIME PAYMENT BALANCE/ $20,000 BASE - LESS NO BID NO BID NO BID NO BID NO BID $68.461.71 $33.230.57 $36,050.66 $30,522.97 BLAMER TRADE ME PAYMENT BALANCE/ $20,000 BASE - LESS NO BID NO BID NO BID NO BID NO BID $62,136.51 $26,885.36 $29.705.45 $20,S1B.31 LOADER 8 SLOWER TRADE See Option DELIVERY 60 - 90 Days - - - - -- 30 - 60 Days - - - - -- 30 Days 60 Days 60 Days 60 Days 60 Days Blanchet SMI Model Root Model Schmidt Blanchet Blanchet Blanchet TYPE 13S N.P. - - - - -- 2200 - - - - -- RB -8 HF2 13S H.P. 200 H.P. 13S H.P. J 0 0 9 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, NOVEMBER 12, 1980 1. CALL TO ORDER The meeting was called.to order by Mayor Westlund at 7:30 P.M., with the follow- ing members present: Aldermen Lueneburg, Gruenh agen and Beatty, in addition to Mayor Westlund. Absent: Alderman Peterson. Also present were: City Adminis- trator Plotz, City Engineer Priebe, and City Attorney Schantzen. 2. INVOCATION In the absence of a pastor, there was a time of silent prayer. 3. MINUTES The minutes of the Regular Meeting of October 28, 1980 and Special Meetings of October 30, 1980 and November 12, 1980 were approved as read upon motion by Ald- erman Lueneburg, seconded by Alderman Beatty and unanimously carried. 4. PUBLIC HEARING - 8:00 P.M. (a) $2,300,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR HUTCHINSON TELEPHONE COMPANY PROJECT The public hearing was called to order at 7:57 P.M. by Mayor Westlund, and he read Publication No. 2351, Notice of Public Hearing On A Proposed Project and The Issuance Of Industrial Development Revenue Bonds Under The Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, As Amended, City of Hutchinson, Minnesota. City Attorney Schantzen reported he had reviewed the papers submitted by the Dorsey, Windhorst, et al law firm and found them to be in proper order. Following discussion, the motion was made by Alderman Lueneburg to close the hearing at 8:00 P.M. The motion was seconded by Alderman Gruenhagen and carried unanimously. Alderman Beatty moved to approve the $2,300,000 Industrial Development Rev- enue Bonds for the Hutchinson Telephone Company Project; he further moved to waive reading and adopt Resolution No. 6635 entitled Resolution Determin- ing to Proceed with A Project and Its Financing Under the Minnesota Munici- pal Industrial Development Act; Referring the Proposal to the Commissioner of Securities for Approval and Authorizing Preparation of Necessary Docu- ments. Seconded by Alderman Lueneburg, the motion unanimously carried. ffl- MINUTES NOVEMBER 12, 1980 5. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR DAN KASTELLE AND MICHAEL JAMISON TO SELL MERCHANDISE DOOR -TO -DOOR WITHIN CITY LIMITS City Administrator Plotz reported the Police Department was unable to do an investigative report on Dan Kastelle and Michael Jamison from the in- formation provided on the application for a solicitation permit. After discussion, the motion was made by Alderman Lueneburg to hold the application submitted by Dan Kastelle and Michael Jamison until such time as the Police Department can provide a recommendation to the Council. The motion was seconded by Alderman Beatty and carried unanimously. (b) CONSIDERATION OF REQUEST FOR SNOW REMOVAL PERMIT: 1. GENE C. BETKER 2. PAT MIKULECKY 3. CARL CHRISTENSEN Following discussion, it was moved by Alderman Gruenhagen, seconded by Ald- erman Lueneburg and unanimously carried, to approve the applications for snow removal permits and issue said permits to above -named individuals. (c) CONSIDERATION OF REQUEST FOR CHRISTMAS TREE SALES PERMIT BY LEONARD RfEMANN Following discussion, Alderman Beatty moved to approve and issue a Christ- mas Tree Sales Permit to Leonard Riemann. The motion was seconded by Ald- erman Gruenhagen and unanimously carried. 6. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 6634 - RESOLUTION ADOPTING ENTERPRISE FUNDS BUDGET FOR FISCAL YEAR 1981 After discussion, Alderman Gruenhagen made the motion to waive reading and adopt Resolution No. 6634 entitled Resolution Adopting Enterprise Funds Budget for Fiscal Year 1981. The motion was seconded by Alderman Beatty and carried unanimously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - OCTOBER 1980 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. -2- COUNCIL MINUTES NOVEMBER 12, 1980 (b) MINUTES OF TREE BOARD DATED OCTOBER 21, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF PARKS & RECREATION BOARD DATED OCTOBER 1, 1980 There being no discussion, the minutes were ordered by the Mayor-to be re- ceived for filing. (d) MINUTES OF LIBRARY BOARD DATED OCTOBER 30, 1980 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF MAIN STREET LIGHT POLES AND STREET BANNERS (DEFERRED OCTOBER 28, 1980) City Engineer Priebe reported that only preliminary data had been received from the Utilities to date. The estimated cost for the two poles was $5,000. After discussion, it was moved by Alderman Beatty to defer this item until the next Council meeting. Seconded_ by Alderman Lueneburg, the motion unani- mously carried. (b) CONSIDERATION OF AWARDING BIDS FOR PURCHASE OF SELF - POWERED SNOW BLOWER AND FRONT -END LOADER AND SALE OF SELF - POWERED SNOW BLOWER AND FRONT -END LOADER (DEFERRED NOVEMBER 7, 1980) City Engineer Priebe reported that bids were received on Friday, Novem- ber 7, 1980 for the purchase of a self - powered snow blower and front -end loader and the sale of a self - powered snow blower and front -end loader. Staff had reviewed the bids, and it was their recommendation to reject the bids for the purchase of a self - powered snow blower and front -end loader and to prepare new specifications for.advertisement of bids for December 2, 1980 at 2:00 P.M. It was also the staff's recommendation to hold the bids for the sale of a self - powered snow blower and front -end loader until the bids had been received on December 2, 1980. Following review of the new bids, a recommendation would be made to the December 9, 1980 Council meet- ing. Following discussion, Alderman Beatty moved to reject the bids received for the purchase of a self - powered snow blower and front -end loader. The motion was seconded by Alderman Gruenhagen and carried unanimously. -3- COUNCIL MINUTES NOVEMBER 12, 1980 (c) CONSIDERATION OF AWARDING BID FOR $650,000 GENERAL OBLIGATION TAX INCREMENT BOND (DEFERRED NOVEMBER 12, 1980) City Administrator Plotz reported three bids had been received earlier to- day for the tax increment bond. Consultant Bill Fahey of Ehlers & Asso- ciates had reviewed the bids and recommended award to First National Bank of Minneapolis in the amount of $539,540.63 at a net interest rate of 8.3812. Mr. Plotz further reported the City has an "A Rating ", but it is close to an A -1 or AA Rating. He then explained the procedure for obtaining a high- er bond rating for the City. Following discussion, the motion was made by Alderman Beatty, seconded by Alderman Lueneburg and carried unanimously, to award the bond bid to Firgi National Bank of Minneapolis. It was moved by Alderman Beatty to waive reading and adopt Resolution No. 6636 entitled Resolution Relating to $650,000 General Obligation Tax In -'' crement Bonds Awarding the Sale Thereof. The motion was seconded by Ald- erman Gruenhagen and unanimously carried. It was moved by Alderman Beatty, seconded by Alderman Lueneburg and car- ried unanimously, to waive reading and adopt Resolution No. 6637 entitled" Resolution Relating to $650,000 General Obligation Tax Increment Bonds; Fixing the Form and Details,'Providing for the Execution and Delivery Thereof and the Security Therefor- and Levying Taxes for the Payment There= of. 9. NEW BUSINESS (a) CONSIDERATION OF HIRING EUGENE BAASEN FOR STREET MAINTENANCE Following discussion, the motion was made by Alderman Gruenhagen to approve the employment of Eugene Baasen for street maintenance, effective November 17, 1980. Seconded by Alderman Lueneburg, the motion carried unanimously. (b) CONSIDERATION OF PERMANENT STATUS OF ELDON BARKEIM After discussion, it was moved by Alderman Lueneburg, seconded by Alder- man Gruenhagen and carried unanimously, to approve the permanent status of Eldon Barkeim, street maintenance employee. (c) CONSIDERATION OF FINANCIAL ASSISTANCE TO DRUG INVESTIGATION UNIT The Drug Investigation Unit requested a contribution from the City of Hutchinson to assist in maintaining the Unit. It was the recommendation -4- COUNCIL MINUTES NOVEMBER 12, 1980 of Chief of Police O'Borsky to contribute $200.00 to the Drug Investiga- tion Unit inasmuch as the City has worked with the Unit and received equip- ment and training through their office. It was moved by Alderman Beatty to approve a $200.00 contribution from the City of Hutchinson to the Drug Investigation Unit. The motion was seconded by Alderman Lueneburg and carried unanimously.° (d) CONSIDERATION OF MUTUAL FIRE PROTECTION CONTRACT Fire Chief Schlueter stated the Fire Department has written agreements with some surrounding communities, but they would like to have additional con- tracts with the cities of Litchfield, Dassel, Silver Lake, Glencoe, Brown - ton, Buffalo Lake, Stewart and Cosmos. Also, the Fire Chief requested a letter from the Mayor authorizing him, or an appointed person, to dispatch the Hutchinson Fire Department equipment to other towns not having a Mutual Aid Contract or agreement with the City in the event of a large fire requir- ing additional fire fighting equipment. After discussion, Alderman Beatty moved to authorize the Mayor and City Clerk to sign the Mutual Fire Protection Contracts with above - named cities. Seconded by Alderman Lueneburg, the motion unanimously carried. (e) CONSIDERATION OF EMPLOYING PART -TIME EMPLOYEES - Personnel Coordinator Sitz reported two City offices are in need of part - time employees. It was her recommendation to hire Mary Lou Lipke for the Motor Vehicle Office and Mary Bruder in the Transit Office. Following discussion, the motion was made by Alderman Gruenhagen, seconded by Alderman Beatty and carried unanimously, to approve the employment of Mary Lou Lipke and Mary Bruder. (f) CONSIDERATION OF PRIORITY RATING FOR 1981 PROJECTS City Engineer Priebe reported there was no sanitary sewer, watermain or storm sewer to the site where the proposed middle school would be built. He, therefore, felt this would be a number one priority if the bond refer - endum passed in December. He stated the projects had been placed in order of priority for work to be done, but they are the same projects as previous- ly presented to the Council. Mayor Westlund commented that he thought a sidewalk policy should be adopted and suggested including the figure in with the project costs. He also requested a map showing the location of the projects. The 1981 projects were deferred until the next Council meeting. -5- COUNCIL MINUTES NOVEMBER 12, 1980 (g) CONSIDERATION OF ENTERING INTO A LAND DISPOSITION AGREEMENT WITH HUTCHINSON PARTNERS Messrs. Kenneth Lever of Hutchinson Partners; Jack Hoeschler of Doherty, Rumble & Butler law firm; Barry Jaeger of Kraus - Anderson; and Jon R. Pope of Pope Associates appeared before the Council regarding the proposed eld- erly high rise. Attorney Jack Hoeschler presented a full set of drawings of the high rise and commented that the drawings had been presented to the Housing Author- ity for approval. HRA had some suggested changes, which were incorporated into the plans. A breakdown of costs associated with the project for the senior citizens center was discussed.. It was pointed out that the two adjacent lots recently acquired by the City had not been incorporated into the high rise plan. Also, the par- tially vacated alley will be treated as a public alley. The senior q *ti- zen center and the apartment complex are separate units and treated as such. The developer will retain the fee title to the stairwell next to the senior citizen center. The City will be responsible for everything below the second floor and south of the line from the east boundary of the property. The air conditioning is part of the senior citizen center. The Marketing and Management Agreements have been approved by the HRA--and are separate from the City's contracts with Hutchinson Partners. The lard purchase has been agreed upon at $1,000.00 per unit for $62,000.00 and $25,000.00 earnest money to be received by the City. As partiof the agree- ment, the utility and telephone lines are to be placed underground at;:no cost to the developer. The City would have 30 years for economic interest in the center. There would be a Change Order provision allowed the City, but the City would be charged for the expense of the architect. If the developer were to make any changes from the preliminary plans, they would have to be approved by the City first. The kitchen area of the senior citizen center will be bare walls and sub - floor ready for flooring. There was concern about where the pipes, vents, etc. would be placed. Discussion centered on the contractor doing the rough - ins and vent work in the kitchen. Mr. Plotz reported the $50,000.00 grant application due in February 1981 requires there be a bidding process. The City will be held harmless, except for the kitchen; during construc- tion, the developer will be responsible. When the kitchen work is being done, the developer likewise will be held harmless. City Administrator Plotz stated he had discussed the completion date of the kitchen with Leslie Pilch of MHFA, and it was agreed in writing to use the wording "within a reasonable period of time." -6- 0 COUNCIL MINUTES NOVEMBER 12, 1980 The MHFA had stated the life of the lease has Therefore, the City would retain ownership of for a period of 30 years, at whcih time it wo It was the consensus of the Council that this unacceptable, and City Attorney Schantzen was MHFA to have it changed. the life of the mortgage. the senior citizen center ald go back to the developer. portion of the agreement was instructed to negotiate with After discussion, it was moved by Alderman Gruenhagen to authorize the Mayor and City Clerk to sign the necessary documents for the proposed high rise at a cost of $287,538.00, with additional costs as determined in the November 10, 1980 letter from Kraus - Anderson of St. Paul Co., and further to negotiate with Minnesota Housing Finance Agency for the best interests of the City. The motion was seconded by Alderman Lueneburg and carried unanimously. The motion was made by Alderman Lueneburg to authorize the writing of two checks in the amount of $271,300.00 to Minnesota Housing Finance Agency and $16,200.00 to Hutchinson Partners, with the money to cover said amount to betaken from a temporary loan of the Water and Sewer Fund until such time as the tax increment bond funds are received by the City. The motion was seconded by Alderman Gruenhagen and unanimously carried. (h) CONSIDERATION OF RECOMMENDATION FROM HRA REGARDING PROPOSED MANAGEMENT CONTRACT AND PROPOSED MARKETING CONTRACT FOR ELDERLY HIGH RISE Administrator Plotz reported the HRA has been working with the developer on the contract between the Housing Authority and the Hutchinson Partners. The Marketing Agreement and Management Agreement have been approved and signed by HRA. The Resolutions submitted to the Council from HRA are for informational purposes and do not require any Council action. (i) CONSIDERATION OF GRANT APPLICATION FOR WOOD WASTE UTILIZATION AND DISPOSAL City Administrator Plotz reported a grant application had been previously applied for, but it required a Resolution authorizing the filing of the application. The grant funds will be used for the purchase of a chain link fence at the firewood production site in the wood disposal area. After discussion, it was moved by Alderman Lueneburg to approve the grant application and to waive reading and adopt Resolution No. 6633 entitled Resolution of Applicant Authorizing Filing of Application for Grant to Pur- chase Chain Link Fence under the Provisions of the Minnesota Shade Tree Pro- gram Grants for Wood Utilization and Disposal. Seconded by Alderman Gruen - hagen, the motion carried unanimously. 10. 'MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR -7- N L COUNCIL MINUTES NOVEMBER 12, 1980 11. 12. City Administrator Plotz reported the Capital Improvements Program has been completed by Consultant Clarence Simonowicz. (b) COMMUNICATIONS FROM MAYOR Mayor Westlund reminded the Council members that the Hutchinson Safety Council had extended an invitation for the Council to attend a luncheon on November 17, 1980 at the Prairie House to discuss the civil defense system and plans regarding evacuation in case of a chemical disaster. (c) COMMUNICATIONS FROM HUTCHINSON DOWNTOWN RETAIL ASSOCIATION The Hutchinson Downtown Retail Association requested permission for thw- downtown merchants to cover the parking meters from November 28 to Decem- ber 25, 1980. Following discussion, the motion was made by Alderman Beatty to approve covering the downtown parking meters from the dates of November 28 to=_-. December 25, 1980. Seconded by Alderman Lueneburg, the motion carried unanimously. (d) COMMUNICATIONS FROM POLICE DEPARTMENT Chief of Police O'Borsky recommended that permission be granted to sell an obsolete radar unit to the Driftriders Snowmobile Club of Hutchinson for $20.00. _ After discussion, it was moved by Alderman Gruenhagen, seconded by Alder- man Lueneburg and unanimously carried, to authorize the sale of the radar unit to the Driftriders Club in the amount of $20.00. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS It was moved by Alderman Lueneburg, seconded by Alderman Gruenhagen and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. AnJOTTRNMENT There being no further business to come before the Council, the meeting adjourned at 11:05 P.M. upon motion by Alderman Gruenhagen, seconded by Alderman Lueneburg and unanimously carried. -8- • 0 MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL FRIDAY, NOVEMBER 21, 1980 The special meeting was called to order by Alderman Lueneburg at 2:00 P.M., with the following present: Aldermen Lueneburg and Beatty. Absent: Mayor Westlund and Alder- men Gruenhagen and Peterson. Also present were: City Accountant Merrill and Mainten- ance Operations Director Neumann. Publication No. 2352, Invitation for Bids, City of Hutchinson, Purchase of A One Ton Truck with Plow and Spreader, was read, and the following bids were opened: Swanke Motors, Inc. $17,562.00 Total Price Bid 2 -1 -81 Delivery Wigen Chevrolet Co. 17,631.00 Total Price Bid 90 Days 17,331.00 Less 1954 Chevy 90 Days Truck & 1972 Intl. Pick -Up ($300.00 Trade -in) Publication No. 2353, Invitation for Bids, City of Hutchinson, Sale of A 1972 Inter- national Pick -Up, was read. No bids were received. Publication No. 2354, Invitation for Bids, City of Hutchinson, Sale of A 1954 Chevy 1 -1/2 Ton Dump Truck, was read. One bid was received and opened. Larry Karg, Hutchinson $260.00 The bids were referred to the staff for review and recommendation. There being no further business, the meeting adjourned at 2:05 P.M. 9 ,y RE: Richard SchmidtLauer Annexation A -2456 (OH) - 14 iiutchfnson PETITION FOR FURTHER 1IFARING Pursuant to Rule 19(a) of Minnesota Board Rules, the City of Hutchinson and. Richard Schmidtbauer do hereby petition the Minnesota Municipal Ccmmission for a Further Heari::g per- taining to the annexation of the 'Sahmidtbauef property by the City of Hutchinson. This petition is submitted upon the following grounds: 1. That Richard Schmidtbauer was unable to attend the first hearing and that he will be available for further nearing. 2. That the City of nutchinson ordinance pertaining to zoning cannot be accomplished without a com- plete annexation of all of the property as oric- inally set forth. 3. That Richard Schmidtbauer has received numerous inquiries and requests to sell but can not do so without annexantion. B CITY OF HUTCHINSON B? Aichard Schm dthauer r RESOLUTION NO. 6640 RESOLUTION SUPPORTING PETITION FOR FURTHER HEARING ON RICHARD SCHMIDTBAUER ANNEXATION WHEREAS, Richard Schmidtbauer submitted a Petition for Annexation to the City of Hutchinson on March 13, 1980 for the following described property: Tracts A, B, C, D and the North 732 feet of the West 120 feet of Tract E of Registered Land Survey No. 3 together with Tracts C, West 95 feet of Tract D, East 60.42 feet of Tracts E, F, G, H, 1, J, K and L of Registered Land Survey No. 1 containing 35 Acres, Hassan Valley Township, McLeod County, Minnesota WHEREAS, the City Council of the City of Hutchinson, Minnesota adopted Resolu- tions No. 6529 and No. 6544, and WHEREAS, said request for annexation was submitted to the Minnesota Municipal Board for a public hearing to be scheduled, with said hearing held July 2, 1980 at Hutchinson City Hall, AND WHEREAS, the Minnesota Municipal Board held a conference call meeting re- garding the Schmidtbauer annexation on October 14, 1980 and was not favorable to an- nexation of the entire requested area, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the Council hereby submits a Petition for Further Hearing on the Richard Schmidtbauer Annexation (A- 2456(OA) -14 Hutchinson) according to Rule 19(a) of the Minnesota Board Rules for the following reasons: 1. That Richard Schmidtbauer was unable to attend the first hearing. 2. That the City of Hutchinson's Joint Orderly Annexation Agreement re- quires a complete annexation of all of the property as originally set forth in the plans. 3. That Richard Schmidtbauer cannot sell any portion of his property with- out annexation, and he has had numerous requests to do so. Adopted by the City Council this 25th day of November, 1980. ATTEST: Gary D. Plotz, City Clerk Ralph D. Westlund, Mayor REESOLUTIO;J NO. 6638 Resolved that City of Hutchinson enter into an (recipient Agreement with the State of :iinnesota, Department of Transaortation, to provide a public transportation service in the City of Hutchinson (service area Further Resolved that the City of Hutchinson agrees to - (Recipient) provide 33 1/3 percent of the total deficit of the transit project from local funds. _ Further resolved that authorization to execute the aforementioned, Agreement is hereby given to the Mayor and /or the title City Administrator title Further resolved that the City Administrator or (title the City Finance Director is hereby authorized to execute (title)_ requests for reinaursenent from the Minnesota Departr:.ent of Transportation. CERTIFICATION I hereby certify that the aforegoing resolution is a true and correct copy of t . the resolution presented to and adopted by Hutchinson City Council at a duly authorized neeting thereof held on the 25th day of November , 1980 as sho.,-n by the minutes of said neeting in ny possession. name name Fund. 0 RESOLUTION NO. 6639 0 TRANSFERRING $10,000 FROM LIQUOR STORE TO GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $10,000.00 is hereby transferred by the Liquor Store to the General Adopted by the City Council this 25th day of November, 1980. Ralph D. Westlund Mayor ATTEST: Gary D. Plotz City Clerk v. REVENUE REPORT 1)oscri pti on GENERAL FUND TAXES LICENSES • FIEW11 T'S & FEES IN'PER- GOVERNMENT REVENUE CHARGE'S I'OR SLIWICES FINES & I'ORFEI'I'S MISCE1,LANEOIIS REVENUE CONTRIBUTIONS PROM OTTER FUNDS REVENUE FOR OTHER AGENCIES CITY OF HUTCHINSON FINANCIAL REPORT FOR OCTOBER, 1980 Current Adopted Year to Month Budget Date Amount $0,000,000.00 $0,000,000.00 $0,000,000.00 $ none 84.00 3,167.99 31,229.07 12,882.79 2,347.56 18,496.56 10,000.00 250.15 $ 78,458.12 0 WATER & SEWER FUND WA'T'ER & SEWER UTILITIES $ 64,709.65 $ 473,17.5.00 11,030.00 34,000.00 997,514.00 278,095.00 23,000.00 131,740.00 351,000.00 550.00 $2,300,104.00 $ 691,100.00 $ 237,956.80 10,394.00 28,479.11 876,598.68 234,645.03 21,072.31 161,702.26 242,504.00 A79 In $1,813.774.29 $ 582,490.42 Remaining Balance $0,000,000.00 $ 235,218.20 636.00 5,520.89 120,915.32 43,449.97 1,927.69 (29,962.26) 108,496.00 127.90 $ 486,329.71 $ 108,609.58 i Percentaae 50.3% 94.2% 83.8% 87.9% 84.4% 91.6% 122.7% 69.1% 76.7% 78.9% 84.3% EXPEINSE Rf:PORT Descrii)ti.on (',I:NERAI, tUN►) CITY OF HUTCHINSON FINANCIAL REPORT FOR OCTOBER._1289 Current Adopted Year To Month Budget Date Amount $0,000,000.00 $0,000,000.00 $0,000,000.00 Remaining Balance Percentage Used MAYOR e COUNCIL 2,649.92 251162.00 22,017.90 3.144.10 87.5% ADMINISTRATIVE ASSISTANT 5,659.86 47,510.00 40,205.64 7,304.36 84.6% ELECTIONS 3,439.18 7,615.00 7,468.01 146.99 98.1% CITY CLERK 13,542.43 151,792.00 124,240.93 27,551.07 81.8% MOTOR VEHICLE 33539.20 37,063.00 28,956.59 8,106.41 78.1% ASSESSING none 14,300.00 7,114.50 7,185.50 49.8% LEGAL 2,141.81 19,190.00 16,868.58 2,,321.42 87.9% PI.,ANNING 54.40 2,850.00; 1.013.74 1,836.26 35.6% CITY HALL 2,499.02 30,462.00 26,694.16 3,767.84 87.6% OLD ARMORY 2,093.28 22,255.00 18,116.88 4,138.12 81.4% POLICE DtPT• 43,200.06 424,948.00 376,921.51 48,026.49 88.7% FIRE DEPT. 7,603.75 60,950.00 29,299.85 31,650.15 49.1% COMMUNITY SERVICE OFFICLR 1,031.93 21,439.00 13,295.03 8,143.97 62.0% PROTECTIVE INSPECTIONS 5,445.87 54.,008.00 42,978.08 11,029.92 79.6% CIVIL DEFENSE none 1,600.00 37.00 1,563.00 2.3% SAFETY COUNCIL none 250.00 none 250.00 -- Fite; MARSHALL 2,935.68 27,3107.00 21,941.90 5,365.10 80.4% ENGINEERING 11,918.57 114,130.00 99.339.03 14,790.97 87.0% WA'T'ER & SEWER FUND WATER & SEWER OPE1ATIO14S — ADM. 26,047.45 5 454.477.08 241,333.92 65.3% WATER PLANT OPERATIONS 8,241.61 114,400.00 77,265.13 1•:XPL:IJ:,1; RI•;1'Oft'1' CONTINUED _ Current Adopted Year To Remaining Percentage 119.4% ue5cription Month Budget Date Amount Balance Used $0,000,000.00 $0,000,000.00 $0,000,000.00 $0,000,000.00 $ S'T'1U-E`1'S & ALLEYS 29,903.74 269,021.00 259,015.61 10,005.39 96.3% MAINTENANCE ACCOUNT 9,300.51 64,100.00 58,400.57 5,699.43 91.1% CONSERVATION OF HEALTH none 300.00 4 none 300.00 -- LIBRARY 540.35 43,179.00 42,110.24 1,068.76 97.5% RECREATION 6,542.74 107,401-00 80,456.95 26,904.05 74.9% CIVIC AIUJNA 16,191.80 62,781.00 67,310.62 ( 4,529.62) 107.2% PARK DEPAR`1'MENT 15,310.26 216,737.00 226,810.21 (10,073.21) 104.6% CEb1ETERY 2,573.39 25,449.00 25,911.68 ( 462.68) 101.8% DOWNTOWN DEVELOPMENT 362.82 10,600.00 13,616.27 ( 3,016.27) 128.5% LAWCON 1,292.15 100.00 216,153.80 (216,053.80) 153.8% DEB I` SERVICE 4,506.00 34,355.00 26,621.69 .7,733.31 77.5% AIRPORT 17,078.74 68,630.00 62,640.44 5,989.56 91.3% TRANSIT 7,268.85 43,064.00 36,423.60 6,640.40 84.6% • UNALLOCATED GENERAL EXPENSE 18,278.33 291,556.00 176,847.23 114,708.77 60.7% 11RA 3,013.06 00.00 20,776.41 20,776.41 999.9% 239,917.70 $2,300,204.00 2,189,655.65 110,448.35 95.2% WA'T'ER & SEWER FUND WATER & SEWER OPE1ATIO14S — ADM. 26,047.45 695,811.00 454.477.08 241,333.92 65.3% WATER PLANT OPERATIONS 8,241.61 114,400.00 77,265.13 37,134.87 67.5% SEWER PLANT OPERATIONS 7,638.39 123,800.00 147,840.91 (24,040.91) 119.4% $41,927.45 $ 934,011.00 $679,583.12 $254,427.88 72.8% 1. CALL TO ORDER 0 MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, SEPTEMBER 16, 1980 The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Don Erickson at 7:30 P.M. with the following mem- bers being present: Ted Beatty, Clint Tracy and Elsa Young, in addit- ion to Chairman Don Erickson.- = --Absent were: Bill Backen and Larry Romo. Also attending were City Administrator, Gary Plotz, Director of Engineering, Marlow Priebe and Fire Marshal, George Field. 2. MINUTES The minutes of the regular meeting of August 19, 1980 and of the Special meeting -of August 25, 1980 were unanimously approved on mot- ion by Elsa Young and seconded by Ted Beatty. 3. PUBLIC HEARINGS a) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY "MCLEOD FINAN- CIAL RESOURCES" _Chairman.Don Erickson-opened-the hearing at 7:31 P.M. with the reading of publication # 2334 as published in the Hutchinson Leader on Friday, September 5, 1980. Mr. Charles H. Gersdorf, representing the Church of Jesus Christ of Latter-day-Saints explained to the Planning Commission their request to allow the reduction of off street parking spaces from 15 to four (4). He went on to say this would strictly be a house of worship and no residency. The parking would mainly be between 9:30 A.M. and 12:30 A.M. After discussion, it was determined that after the Senior Citizens High Rise is built there would be a parking lot next door and per- haps something could be worked out between the two of them. On motion by Ted Beatty, the hearing was closed at 7:34 P.M. Seconded by Elsa Young, the motion carried unanimously. Mr. Ted Beatty then made a motion to recommend approval of the requested variance of off street parking from fifteen (15) to four (4) to the City Council. Seconded by Elsa Young, the motion unanimously carried. b) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY "GRACE LUTHERAN CHURCH" 7 -1, September 16, 1980 Hutchinson Planning Commission Page 2 The hearing was opened at 7:36 P.M. by Chairman Don Erickson with the reading of publication # 2335 as published in the Hutchinson Leader on Friday, September 5, 1980. Mr. Milan Dummer, Chairman of the building committee of Grace- Lutheran Church, was present to answer questions of the Commission. Mr. Jim McClure of Miller, Miller, & Mac stated the plan is de- signed for future additions of classrooms to the church. The hearing was closed at 7:41 P.M. on motion by Ted Beatty and seconded by Clint Tracy. The motion carried unanimously. Mr. Clint Tracy then made the motion to recommend approval of the Conditional Use Permit to the City Council with the contin- gency a time schedule is agreed upon between the City and appli- cant for completion of a surfaced parking lot. Seconded by Ted Beatty, the motion unanimously carried. Mr. Milan Dummer then stated he felt this would no problem as they too would want a surfaced parking lot as soon as possible. c) CONSIDERATION OF REQUEST FOR VARIANCE SUBMITTED BY "GRACE LUTH, ERAN CHURCH" The hearing was opened by Chairman Don Erickson at 7:44 P.M. with the reading of publication # 2336 as published in the Hutchinson Leader on Friday, September 5, 1980. Mr. Clint Tracy commented by viewing the resolutions previously passed by the City Council on May 22, 1979 he felt no discussion was necessary. He then made a motion to close the hearing at - 7:45 P.M. Seconded by Ted Beatty, the motion carried unanimously. Elsa Young then made the motion to recommend approval to the City Council for the requested variance reducing the front yard setback from 25 feet to 5 feet. Seconded by Ted Beatty, the motion car- ried unanimously. d) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY "ALBRECHT OIL CO" Chairman Don Erickson opened the hearing at 7:47 P.M. with the reading of publication # 2337 as published in the Hutchinson Leader on Friday, September 5, 1980. Mr. Emanuel Albrecht, representing Albrecht Oil Co., was present to answer questions that the Planning Commission members might have. i • September 16, 1980 Hutchinson Planning Commission Page 3 It was determined, after discussion, that the business is presently non - conforming to the present zoning so a conditional use permit is necessary. The Commission questioned Fire Marshal, George Field, on this mat- ter and he felt it best if the existing tanks would be underground. The hearing was closed at 7:50 P.M. on motion by Ted Beatty. Sec- onded by Clint Tracy, the motion unanimously carried. Mr. Ted Beatty then made the motion to recommend approval of the conditional use permit to the City Council contingent upon the property owner agrees to placing all existing above ground storage tanks below ground by October 1, 1985. Seconded by Elsa Young, the motion carried unanimously. e) CONSIDERATION OF AMENDING ZONING ORDINANCE NO. 464 The hearing was opened at 7:51 P.M. by Chairman "Don - Erickson with the reading of the public hearing notice # 2332 as published in the Hutchinson Leader on Friday, September 5, 1980- City Administrator, Gary Plotz, explained that he and Marlow Priebe, Director of Engineering, had reviewed the ordinance and made the suggested changes given by the federal and state pertain- - ing to the flood plain. Discussion followed at which time questions were asked as to whether there should be a concern for McDonald's Trailer Court. Mr. Priebe explained Roberts Road has been built up two feet higher than the flood-level so there should be no problem. The hearing was closed at 7:59 P.M. on motion by Ted Beatty. Seconded by Clint Tracy, the motion carried unanimously. Mr. Ted Beatty then made a motion to recommend approval of the amendment to Ordinance No. 464 to the City Council. Seconded by Elsa Young, the motion unanimously carried. f) CONSIDERATION OF AMENDING SUBDIVISION ORDINANCE NO. 466 The hearing was opened at 8:00 P.M. with the reading of publication notice # 2333 as published in the Hutchinson Leader on Friday, September 5, 1980. Mr. Plotz, City Administrator, explained the changes in the sub- division ordinance. September 16, 1980 Hutchinson Planning Commission Page 4 On motion by Clint Tracy, the hearing was closed at 8:01 P.M. Seconded by Elsa Young, the motion carried unanimously. Elsa Young then made a motion to recommend approval to the City Council of amending Subdivision Ordinance No. 466. Seconded by Ted Beatty, the motion unanimously carried. 4. OLD BUSINESS EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY JUNE REDMAN` Mr. Marlow Priebe explained that June Redman has requested an extension of time to comply to our stipulation of a circle drive. After discussion, it was determined that the extension of time could be given providing no further extensions are issued in the future. Mr. Ted Beatty then made the motion to recommend approval to the City Council of the extension of the conditional use permit con -R. tingent upon no further extensions are given and the work is complete by June 1, 1981. Seconded by Elsa Young, the motion carried unanimously. 5. NEW BUSINESS APPROVAL OF BUDGET 1981 Mr. Gary Plotz explained that the budget was reviewed at a work- shop held on September 10, 1980. At that time a figure of $77.500 was reduced to $27,500. The largest portion of this ($75,000) was for aerial photography for contour mapping. It was decided that this could possibly be done over -a three year period of time, thus reducing the amount to $27,500. Mr. Ted Beatty then made a motion to recommend approval of the budget in the amount of $27,500 setting aside $25,000 for aerial photography to be used for contour mapping. Seconded by Clint Tracy, the motion unanimously carried. 6. ADJOURNMENT There being no further business to come before the Board at this time, the meeting was adjourned at 8:22 P.M. on motion by Elsa Young and seconded by Ted Beatty. The motion unanimously carried. HUTCHINSON COMMUNITY HOSPITAL REGULAR BOARD OF DIRECTORS MEETING October 21, 1980 5:30 PM - Small Conference Room Present: Norah Mullan, Secretary; Ken Gruenhagen, Trustee; Virgil Goebel, Trustee; Joan Ewald, Trustee; Rev. David Natwick, Trustee; Dr. Cris Remucal, Chief of Staff Absent: Jim Joyce, President; Rollie Balke, Vice - President Others Present: Philip G. Graves, Administrator; Willard H. Rosenow, Ass.istant,_, Administrator; Dori Johnson, Hospital Auxiliary President; Jan Conner, Medical Records Department Head Prior to the beginning of the meeting Dori Johnson, Hospital Auxiliary President, presented the activities of the Hospital Auxiliary -- -The Coffee Shop staffing and financial status: The newest enterprise of the Hospital Auxiliary, the Thrift Shop, was also explained to the Board. Jan Conner, Medical Records Department Head, presented six nursing audits, as attached. Also presented were two medical audits (attached): The audits, as presented, revealed minor documentation errors. No other significant errors. were noted. The meeting was called to order by Secretary Mullan at 6:15 PM. Minutes of Past Meetings. Motion by Gruenhagen to accept the regular board of directors minutes of September 16, 1980. Motion was seconded by Goebel. All were in favor. Motion passed. Statistical Report. The statistical report was presented by Graves. Comments were made regarding the Mental Health Unit length of stay. Occupancy percentage for the month was 82.9 %. Medical service areas appear to be somewhat comparative to the previous month. Accounts Payable. Motion was made by Gruenhagen to approve and authorize for payment the attached listing of accounts payable and cash disbursements in the amount of $342,529.22. Motion was seconded by Ewald. All were in favor. Motion passed. Financial Statements. Financial statements were presented by Graves. Natural expense categories were recapped. The variance from budget in the salary category again was explained. Mental Health Unit profit and loss statement once again demonstrated a favorable result. Medical Staff Minutes. Medical Staff Meeting Minutes were presented by Dr. Remucal. No unusual comments were made. Director and Assistant Director of Nursing Reports & Mental Health Unit Report The reports were presented and no unusual comments were made. New Business: a. Resignation of Jim Joyce. A letter of resignation was submitted by President Joyce. Trustee Gruenhagen emphasized that the Mayor would be looking for //--a recommendations from the hospital board in making a new appointment. The following candidates were presented for consideration: Mr. Dave Dolger - 3M Company Mr. Bob Peterson - Rockite Silo Mr. Arnie Kaiser - 3M Company Following discussion: Motion was made by Goebel to recommend to the Mayor the name of Dave Dolger from 3M Company, as Board as a replacement for Mr. Gruenhagen. All were in favor. an appointee to the Hospital Jim Joyce. Motion was seconded by Motion passed. b. Cardiac Monitors for Surgery. An analysis was presented to the Board regarding the purchase of cardiac monitors for the surgical suite. Following discussion: Motion was made by Natwick to request approval of the City Council to purchase two cardiac monitors from International Medical Equipment at a cost not to exceed $6,400. Motion was seconded by Ewald. All were in favor. Motion passed. c. Laminar Flow Hood. Graves presented to the Board an analysis for the purchase`: of a laminar flow hood for the use in the Pharmacy Department. Following discussion: / Motion was made by Natwick to authorize the Hospital Administrator 1 to purchase a Laminar Flow Unit for the Pharmacy Department in the amount of approximately $1,600. Motion was seconded by Gruenhagen. All were in favor. Motion passed. d. Resolution on the Hospital Air Conditioning System. Graves presented to the Board a letter submitted by the hospital attorney regarding a possible suit in the repairs of the hospital chilled water absorption system. Following discussion: ' Motion was made by Ewald to concur with the findings of the attorney for the hospital and take no action against Trane Company of Minneapolis for operational problems recently encountered with the hospital absorption unit. Motion was seconded by Goebel. All were in favor. Motion passed. e. Staff Appointments: Applications for Dr. Gary Wyard and Dr. Roger Jung to the Courtesy Medical Staff were presented with a recommendation from the Executive Committee. Following discussion: Motion was made by Natwick to grant privileges on the Courtesy Medical Staff to Dr. Gary Wyard, Orthopedic Surgeon, and Dr. Roger Jung, Psychiatrist, per recommendation of the Executive Committee of the Medical Staff. Motion was seconded by Gruenhagen. All were in favor. Motion passed. / f. Doug Olmanson, Medical Student. Doug Olmanson, a third year medical student with the Medical Center, was to be present at the Hospital Board Meeting. Because of a recent illness, he was not able to attend: g. Occupational Therapy Contract with Glencoe. Graves presented an occupational therapy contract recently negotiated with Glencoe. Following discussion: Motion was made by Goebel to enter into the contract with Glencoe to provide occupational therapy services as detailed on the attached agreement. Motion was seconded by Natwick. All were in favor. Motion passed. h. . Medical Audit. Nursing and two Medical Staff Audits were presented by Jan Conner, Medical Records Department Head, prior to the beginning of the regular business meeting. Following discussion: Motion was made by Goebel to accept the nursing "audits and Medical Staff audits as presented and attached. Motion was seconded by Ewald. All were in favor. Motion passed, J. Salary and Benefits. Graves presented and explained a detailed analysis regarding salary and benefits program for operational year 1981. Following discussion: Motion was made by.Natwick, to increase base levels by 11% in all departments, plus maintain the 2% differential between steps for established categories, effective December 29, 1980. Motion seconded by Gruenhagen. All were in favor. Motion passed. J. Bereavement Policy. An amendment to the Bereavement Policy was presented. / Following discussion: Motion was made by Natwick to modify the bereavement policy to read: "One day will be granted with pay, to attend the funeral for the death _ of grandparents, parent -in -laws, brother -in -laws, sister -in- laws." Motion was seconded by Ewald. All were in favor. Motion passed. k. Call Pay. An amendment that would increase the hourly rate paid to an employee for taking call was proposed. Following discussion: Motion was made by Gruenhagen to'amend the present hourly rate of compensation to on -call employees to $1.25 per hour, effective December 29, 1980. Motion seconded by Ewald. All were in favor. Motion passed. 1, health Insurance Policies. A proposal that would provide for a contribution toward dependent health insurance coverage was presented. Following discussion: Motion was made by Gruenhagen to table the issue. m. Dental Insurance. A proposal that would provide for the hospital to pay for family coverage for eligible employees was presented. Following discussion: The hospital administrator was directed to poll eligible employees regarding a family dental plan to assess whether or not the employees would be willing to pay the family premium, if the hospital guaranteed the minimum number of premiums as specified by the insurance carrier that would allow our present policy to be expanded for dependent coverage. The policy is to be reconsidered at the November Board Meeting. n. Holiday. A policy was introduced to increase the hospital holidays to 8. Following discussion: Motion by Gruenhagen to increase the hospitals holidays to 8 in number. The 7th and 8th holidays will be floating holidays, effective 1 -1 -81 Eligibility for both will be after the 3 -month probationary period. Motion was seconddd by Goebel. All were in favor. Motion passed. o. Shift Differential: A policy amending compensation for shift differential was presented. Following discussion: Motion was made by Goebel to set the compensation for shift differential at the rate of $.25 per hour for 3 -11 shifts and $.35 per hour for 11 -7 shifts, effective December 29, 1980. Motion was seconded by Gruenhagen. All were in favor. Motion passed. p. Goals and Objectives. The hospital's operational goals and objectives for 1981 were presented. Following discussion: Motion was made by Natwick to adopt the goals and objectives for operational year 1981. Motion was seconded by Ewald. All were in favor. Motion passed. q. Meeting with Glencoe Hospital Board of Directors. A joint meeting with the Hospital Board of Directors from Glencoe was set for November 18, 1980, at 6:30 PM. Motion was made by Goebel to adjourn the meeting. Motion was seconded by Gruenhagen. All were in favor. Motion passed. Theneeting was adjourned at 9:30 PM. Respectfully ubmi ted, hilip G..Graves Norah Mullan Admini trator Secretary Recording Secretary 0 0 111J. W October - %f- nutes The Board of Directors for Burns Yanor ;:unici aal Nursing :.o: e =et October 21, 1980, 12:00 noon, at Burrs Manor; President Leslie Linder presiding. All members were present. A motion by Keith Duehn, seconded by Bruce Peterson and carried, approved the minutes as presented. A motion by Esther Kuerl, seconded by Bruce Peterson and carried, approved the bills as presented, a copy of which is attached to the minutes on file and :wade a part thereof. A financial report was given by Wallace Kurth - Food costs have shown a higher increase than was estimated in the budget. Proposed budgeting fQr 1981 was projected. Old Business: Re- roofing project: Unsatisfactory work is being corrected by Marty's Roofing crew. Noon Neal cost has been $1.50 for over one year. The Administrator incorrectly stat .9d $1.25 at the September meeting. Quality Assurance & Review Program, Minn. Department of Health Individual Review: 1 patient - I.C.F. to Skilled - accepted. 4 patients - Skilled to I.C.F. - rejected because of behavorial and unstable medical conditions. This has been a Utilization Review Committee determination. Renotivation and sensory stimulation was a suggestion for the majority of the patients. New Business: Change of Certification: September 29, 1980 - Reclassification of 10 beds from I.C.F. to Skilled Nursing Facility. 75 Skilled - (22 XVII & XIX), (53 XIX), and 54 I.C.F. I beds. Jean Schlueter, R.N. wrote a letter of thanks for having the opportunity to attend the two day Long Term Care Instructors Mork Shop. Landscaping foundation planting has been completed. A motion by Eldred Ifiller,, seconded by Gloria Dansereau approved 3591.50 to be paid to Hutchinson Landscaping from the Savings Memorial Fund. Minnesota State Department of health Survey orders and plan of corrections were read and discussed. LL`s; In AC<O-_;L* ii lth is I G 0 S A D �I O R L1kW Y E IR S FIRST I:ATIO1QA1 BA1tiX I3UJL_n1Nr -+ SAI`__T ° -,njo1 March 10, 1980 City of uutchnson t1Utcaa-zison, %ir12esota For professional services rendered in connection with Developer's Diversified, Ltd., ar_d Hecnt Associates, Ltd. V. City Of Hutchinson, P.a pa hest und, Theodore R. Beatty, an ?4iitoa Lueneberg as follows: Review and analysis of plaintiffs' SIMmons and Complaint, and Motions for Declaratory and Injunctive Relief; conferences with City Attorney, City Coan-il, counsel for plaintiffs concerning representation and both substantive and .propedural' issues raised by plaintiffs' pleadings.; review of plaintiffs' affidavits and memoranda in support of Notions for injunc- tive and declaratory relief; consultation with Forum Insurance Company concerning representa- tion of the parties and necessary actions in response to plaintiffs' pleadings; research in both procedural a_`ld substantive issues; draft necessary affidavits; draft, revise and file memorandum in opposition of plaintiffs' motions; representation of all defendants at hearing in Federal District Court, February 14, 1980 . . . Disbursements P lvis2_.3 APPRO \'`J DEPT. HEAD.__r_ RESP. LAWYER ORIG. LAWYER BILLING LAWYER . . . . . . . $10,800.00. Duplication expenses . . . . . . $17.40 Express mailing charge 23.25 Travel and m.i.scei laneous expenses 63.07 169.54 TOTAL Am-Ob -ST DUE $10,969.54 Bn1O(3S &ND �SO$dAN' — L , jbiLUNG Lr+n t cn :.vr O COUNCIL MINUTES AUGUST 12, 1980 It was moved by Alderman Beatty, seconded by Alderman Gruenhagen and carried, unanimously, to approve the verified claims and authorize payment from the appropriate funds. (b) STATE °`E''T OF LEGAL FEES FOR D=LOPERS DIVERSIFIED VS. CT '7" OF HUTCHI''SO'' LAWSUIT City Attorney Schantzen co=mented that a statement from Briggs & Morgan had been submitted to the insurance company to cover attorney fees for prelimin- ary hearings on the Developers Diversified vs. City of Hutchinson lawsuit, prior to the insurance company appointing legal counsel for the City. Also, a statement for legal fees from Keefe & Schantzen was submitted for payment. Both bills were rejected by Forum Insurance. Mr. Schantzen suggested writing a letter to the insurance company. Two al- ternatives could be considered: 1) the City pay Briggs & Morgan and sue the insurance company, or 2) let Briggs & Morgan sue the City and bring in the insurance company as a third party, hoping they will be forced to pay I the bill. Following discussion, the motion was made by Alderman Gruenhagen to table the matter. The motion was seconded by Alderman Lueneburg and carried unani- mously. 12. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:45 P.M. upon motion by Alderman Lueneburg, seconded by Alderman Gruenhagen and unanimously carried. -10- �► i GERHARD E. SEIDEL ROBERT G. SCHLOERS HENRY P. C. W. BARBER RICHARD V. HENRY, JR, HERBERT C. LOTM,JR. ELROY C. SANDOUIST, JR. IRVING G. SWENSON THEODORE J.TSOUMAS J. ROBERT GEIMAN JOHN G. CAMPBELL PETER M.SFIKAS LAWRENCE X. PUSATERI ROBERT SAXON MILNIKEL JOHN P. MOE RICHARD 5- BORLAND ABE R. PETERSON OWEN RALL 0 • LAW OFFICES PETERSON, ROSS, SCHLOERB & SEIDEL RUSSELL M. PELTON.JR. THEODOREA.BOUNDAS JOHN W. MCCULLOUGH NORBERT J. WEGERZYN DANIEL S. MALES J05EPH J. HASMAN MICHAEL M. LANE W. CLYDE JONES III RICHARD LEE BLATT J. RICHARD CHILDERS VINCENT P. REILLY DENNIS L. FROSTIC LARRY R. EATON ELLEN J- KERSCHNER J. HAYDEN MACDONALD EDWARD D. LAPPERRE OF COUNSEL SUITE 7300 200 EAST RANDOLPH [)RIVE CHICAGO 60601 (312) 861 -11400 CABLE EPALAW TELEX NO. ZS -4161 July 24, 1980 Mr. Gary D. Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: Forum Claim Number: Policy Number: Claimant: Your File Number: Our File Number: Dear Mr. Plotz: 71 CP 1132 PO 91480 Developers 80 -H -34 2859 PAT CHAPIN JOHN M. DUCZYN5K1 DANIEL A_ ENGEL HAZEL S. FISHER RICHARD J. GEDDES PATRICK N. GRABER RICHARD T. GREENBERG ROBERT W- HAMMESFAHR KEITH A. HANSON DAVID R. wERZOG DONALD N. HOPPE JOHN A. HUBBUCH ERNEST W. IRONS RAYMOND J. JAST CYNTHIA SLIWA KUCERA WAYNE R. LVEPKER MARK A. LUSCOMBE JOHN C. MEYER V DENNIS NELSON MARY ALICE NOONE JAMES T. NYESTE CLAY HAINES PHILLIPS THOMAS A. REED WILLIAM F. RICHARDSOt, LOUIS C. ROBERTS RICHARD R. RYAN DAVID R. SCHMIDT JOHN N. SCHOLNICK ROBERT A. SEIDEL JAMES A. SKARZYNSKI MICHAEL P. TONE JAMES D. WANGELIN KENT A. WILSON WALTER W. ROSS, JR. 11034-1972) �IJ 27,4► ti Ui 199 0 w N RECEIVED Na, 9Y �I Diversified, et al. Your letter of July 2, 1980 has been referred to this.office for reply as we have been retained by the Forum Insurance Company to represent its interests in the above- captioned matter.. When the Developers Diversified, Ltd. suit was filed on January 30, 1980 and shortly thereafter served upon the City, notice of claim was given to the Forum by a letter from Madsen Agency, Inc. on February 4, 1980. The Madsen letter in turn was apparently prompted by a letter to Madsen from Mr. Schantzen on February 1, 1980, which stated: "Please submit this to Forum Insurance Company . for submission of a defense pursuant to the City of Hutchinson's public officials liability policy." PETERSON, ROSS, SCHLOEF -B & SEIDEL Gary D. Plotz July 24, 1980 Page 2 Mr. Schantzen followed up his letter with a telephone conversation with a representative of the Forum on February 4, 1980. As a result of the request on behalf of the City, Forum retained Messrs. Popham, Haik, Schnobrich, Kaufman & Doty, Ltd. of Minneapolis to defend the City and the individual defendants. Messrs. Popham, Haik immediately undertook the defense of the City and the individual defendants and continued that defense through trial and the ultimate settlement. The Forum Insurance Company later confirmed in writing the defense arrangements which had been established and reserved certain rights under its polio_ At no time has Forum Insurance Company retained the firm of f eefe & Schantzen. Indeed, it is our understanding that Keefe & chantzen provided legal services to the City which they have illed as a result of their representing the City's uninsured nterests in the lawsuit as the claim against the City was in xcess of the limits of the Forum policy. We further understand at Mr. Schantzen had previoulsy advised Messrs. Popham, Haik at this was his function. Accordingly, the Forum Insurance mpany hereby declines payment of Keefe & Schantzen's statement.- As you are aware, the Forum has also received a letter from Mr. Schantzen dated April 2, 1980 forwarding a statement from - Messrs. Briggs & Morgan. Again, Briggs & Morgan was not retained. by the Forum Insurance Company, and the Forum Insurance Company also declines to make payment of this statement. We trust that the City will make appropriate payments to attorneys who may have represented interests other than those insurable under the policy and not be making further demands of the Forum in connection with these statements. The Forum has, of course, paid the statements submitted by Messrs. Popham, Haik, in accordance with its obligations under its policy. DLF:lmw Very truly yours, Dennis L. Frostic a 0 . i • M E M O R A N D U M DATE: — — November 25, 1980 — — — — TO: — Mayor and City Council -- — — — — — — — — — — — — — — — — — — FROM: — Marilyn Swanson, Administrative Secretary SUBJECT: Information Regarding Developers Diversified Lawsuit . -------------------------- - - - - -- I have researched the files for additional information regarding the lawsuit with Developers Diversified and have found the following: 1. The Summons and Complaint were received by the City on February 1, 1980 2. The date for a hearing before Judge Miles W. Lord was set for February 14, 1980, or as soon thereafter as counsel may be heard. 3. The City Attorney notified the insurance agent, Madsen Agency, of the pending lawsuit and requested that Forum Insurance Company be notified for defense to the City. (See letter dated February 1, 1980) 4. Howard Madsen notified the Forum Insurance Company on February 4, 1980. (See copy of letter) 5. Special Meeting of Council on February 8, 1980 with consulting attorneys from Briggs and Morgan law firm, St. Paul. (Note: Stated no response to date from the insurance company.) 6. Letter from Briggs and Morgan stating they will represent the City of Hutchin- son, but the three individual defendants "presently are not represented by coun- sel in this matter." (See letter dated February 11, 1980) 7. Letter received February 28, 1980 (dated February 25, 1980) from Montgomery Ward/ FortimInsurance regarding insurance coverage. (See copy of letter) 8. Letter from Popham, Haik, Schnobrich, Kaufman & Doty, Ltd. stating their firm would represent the City and defendants in the lawsuit, with designation from Forum Insurance Company. (See copy of letter dated March 4, 1980) sr- C9 0 L-- CIIICEE 0 MASLON KAPLAN EDELMAN' BORMAN BRAND E McNULTY ieoo N�owEST PEA.'. MINNEAPOLIS, MINNESOTA 55402 PRE. CODE E11c' __ -6015 SAI+UEL H MA.S L ^I. M.VAN COELMAn S H E L DO N —PLAN VAZt J'N BIIR MAe, tR VING A 9�:A N.^. JOHN C VcN VLTT STEDHEN B. 5,WAR -7 H ARVET F. MAP�AN CHARLES OUAINTANCE. J. NEIL I SELL ROBERT A. ENGELKE RONALD G VANTIYE MICHAEL D. GOLDNER MARTIN G -EINSTEIN WILLIAM Z- DENTELOVITCH MARCT S. - ALLACE MICHAEL L SNCI - BARBARA R. HAVSER THOMAS M. BORMAN REBECCA PALMER MARK BAU MAN N Honorable Miles W. Lord United States Judge United States Courthouse 110 South Fourth Street Minneapolis, MN 55401 February 1, 1980 RE: Developers Diversified, Ltd. and Hecht Associates, Ltd. v. City of Hutchinson et al. No. 4 -80 Civ. 82 Dear Judge Lord: Please find enclosed two copies of Notice of Motion and Motion for Preliminary and Permanent Injunction and Declaratory Relief, noticed for hearing February 14. CQ:ls Enclosures HAND DELIVERED cc: Cit Mr. Mr. Mr. Mr. Mr. y of Hutchinson Ralph Westlund Theodore R. Beatty Milton Lueneberg Milton C. Schantzen Richard Martin Respectfully, Charles Quaintance, Jr. SIDNET J. t'.A DLAn 1909 -196. ROGER E. .ICSEDH +917 -fPEe KEEFE & SCHANTZE10 ATTORN Er5 AT LA y% 246 •^..;N STREET SOUTH HUTCHINSON, MINNESOTA 55350 JOHN E. KEEFE MILTON C. SCHANT2EN , , .c... City of Kutchinson Oar File No. 7? Dear oward: PHONE SE7.2163 AREA C.. ^E 612 Enclosed here-,ith we are s:l-7itting to yos th_ ..u:-= ons and Comipl^aillt served u?on the City in the above act.-Jon. ?leasc submit this to = or-an, Insurance Co.-.o any , 14 0 Sort:; S te S t. , Chicago, Illinois 60603 =or sub :ission of a dafense pursuan-z to the City of Hutchinson's Public officials Dia'�i1'_ty Policy. Yours very truly, KEEFE & SCuAtiTZEN Milton D. Schantzen '-�S :11 Enc. cc: :'•ir. Gary Plotz F�-') 0 N1ADS 1 AGENCY ,-- Je axtment rur: lnsuran :o-.pany C' ..ou th to :itree t lca ;c 60603 City of Hutchinson `Policy 'RC9-1480 BOX 66 CORNER OF 3,a AVE S E & AzFFR`Q ' HUTCHfNSON. MINNESOIA 55-Su PHONE (5121 - 89' -2405 REGISTERED MAIL f� ntlemen: -lease find attached the forwarding letter and su mons and complaint fro-- A "ilton 1; D. Schantzen, the city attorney, in regard to the suit being brought by Developers j Diversified. L; Also attached is the letter on the hearing to be hell in Minneapolis on 2/14/30— ease contact Fr. Schhnftm at your earliest convenience. incerely, Howard J. k:adsen i- TY1].kb :moo. L_.oc: I•lilton J. Schantzen (i; , AOEWT 0 LAW 01•:ES MASLON KAPLAN EDELMAN BORMAN BRAND S MCNULTY I800 MIDWEST PLAZA MINNEAPOLIS, MINNESOTA 85402 AREA CODE 612 339-8015 SAMVCL M MASLON HYMAN EDC'_ MAN SHELDON ­Pk-1 MARTIN BO�MAev IRVING R. •RANG JOHN C .-NULTY STEPHEN B. SWARTZ HARVEY i. KAPLAN CHARLCS OVAINTANCE, J. NEIL I. SELL ROBERT A. ENGELKE RONALD G. VANTINE MICHAEL D. GOLDNER MARTIN G. WEINSTEIN WILLIAM Z. PENTELOVITCN MARCH' E. WALLACE MICHAEL L. SNOW BARBARA R. HAUSER THOMAS H. BORMAN REBECCA PALMER MARK tA LJ_YN Mr. Milton Schantzen City Attorney Hutchinson, MN 55350 February 6, 1980 RE: Developers Diversified, Ltd. et al. v. City of Hutchinson et al. Dear Mr. Schantzen: SIONE, J SAP, AN 19x9 -'Pel t ROGER E. CSEPI' 1917-wee This will confirm my telephone conversations with you on Friday, February 1, and again today. It is imperative that the question of whether the City of Hutchinson will honor its obligation to issue industrial development bonds for the shopping center our clients desire to develop be resolved immediately. On Friday, you advised me that the defendants desire to tender defense of the action to the City's insurer. I expressed doubt that . an insurer would accept a tender, but urged you to expedite the process. I suggested on Friday that you telephone the insurer, if the tender were indeed to be made. I further stated that we intend to ask the Court to try the injunctive aspect of the case on February 14 or the first possible date thereafter. Today you advised that you have had no contact with any representative of the insurer. You advised that you had decided not to telephone the insurer and mailed the tender to the carrier Monday, February 4. In both Mr. Milton Schantzen Page Two February 6, 1980 conversations you advised me that you expect Briggs & Morgan to handle the defense if the insurer does not accept the tender. My purpose in writing to you is to emphasize the critical nature of the time factor in this matter. It is our position that delays in obtaining defense counsel should be of no relevance in determining when the injunctive and declaratory relief aspects of this case should be tried. Yours truly, 00/ 2-444� Charles Quaintance, Jr. CQ:ls Z' cc: City of Hutchinson Mr. Ralph Westlund Mr. Theodore R. Beatty Mr. Milton Lueneberg Mr. Richard Martin *; r u 0 r .. I I D I *I DATE: Fricav, February 8, 1980 SUBJECT: Attornev /Client Conference Re. Lawsuit of Developers Diversified /Hecht Associates vs. City of Hutchinson and Three Defendants Present: Ralph D. Westlund M. D. Schantzen Bruce Peterson Gary D. Plotz Kenneth Gruenhagen Richard Martin, Atty. Milton Lueneburg Jeffrey F. Shaw, Atty. Theodore Beatty The City Council met informally at the Frontier House on Friday, February 8, 1980 at 12:00 Noon to discuss the status of the pending lawsuit between the City and Three Defendants (Ralph Westlund, Milton Lueneburg and Theodore Beatty) and plain- tiffs Developers Diversified and Hecht Associates. Messrs. Richard Martin and Jeffrey F. Shaw of the law firm Briggs and Morgan, St. Paul, were introduced as consultant attorneys on the ft-was reported there has been no response to date from the insurance company so they will have to be contacted. It is their obligation to provide defense for the City. Mr. Martin informed the Council that the attorney for Developers Diversified is push- ing for an early date on the trial. However, since this is such an involved case it is not possible to settle it in two or three days through an expedited trial. Affi- davits have been issued in support of the plaintiffs. Formally the defense attorney would prepare counter affidavits, but there is a limitation of time. There is a need for early termination due to the costs involved and the land purchase option expir- ing for Developers Diversified. Mr. Shaw stated he and Mr. Martin need to meet with the plaintiffs' attorney to de- termine if an agreement can be reached on the issue. It is in everybody's interest to settle the case as soon as possible. The plaintiff and defendant attorneys need to determine what type of trial will be held, what issues will be covered, and agree on the facts. He was hopeful they could meet with Developers Diversified's attorney yet this afternoon, and they will work on the case over the week end. Mr. Shaw pointed out that one of the first questions to be resolved will be on the vote given to the Resolution rescinding the industrial revenue bond and its lawful- ness. Was there a conflict of interest on the part of Alderman Ted Beatty. Also, 2 C LI�4LLS �' L�111 crGS ':MC! -IF!n� J. \Cl. �::�YTfi• Ccs OcnLZv L.LVr.cr D.,Is i 1.1,Y [ _.. 0' D Lrc'. t::� J. j r,rs B- C. E.F.' JOF7: M. SLLU-1 r HERD iv:rt BLIM E. S.asos `:.J. Ga. -:.. JR. ,I. C FOYS`IFFC =' J M NZLLT YCStIL V, Sz XGILR.J[. T 7'/wIID C. ST1T.1rZF Ttvrncz JC Dorzr k:CE.vD E.F.YLE JCIAXK�' E. MOFO.n Joxn L.I ;rs-.ET R.L.Sovr,-soN F'r-ry E.Srzr P E.117 L. Di".tLv S.rrEL L.E..nsov PrNIIM E.Oeca.IIo JGF71 R. L.r�LTIC[ JOYL P.. III7CD M..\ S �vt J Z✓II.ZII. 1-."ID J. Srt.cry L .'IEL J. COLE. JR. YzTty W. SLPY)Fs L ,ro"s L. SZov • LJC pFI J( E7 B R I G G S A- D �I O R G A N PRUFF5530',AL ASSOCIATION 2200 FIRST NATION-AL EANL. BI'ILDIXG SA-XT PAUL. MINNESCTA 57+101 2452 I D S CYNTER MI \�EA.POL25,MI�SE50TA 55402 k612 2911215 February 11, 1980 Honorable Miles W. Lord United States District Judge United States Courthouse 110 South Fourth Street Minneapolis, Minnesota 55401 RE: Developers Diversified, Ltd. et al. v. City of Hutchinson et al. No. 4 -80 Civ. 82 R. Sw- Ds% -ILS I.vls k'. L::TLZrICLD JOn� B.�s. Dz \osTn GLFU C. bIr11LP yLSOVC A.C-r:S Lnvm L. `::TCr r:L b O�'�-!r 1. 51vILO�sn 5rnz .i -E7ust VJFL N. �•rSTF. J: ^RrL F. SE.- Dw,ID G.GFrr.:_" Ds _D E. SiND BF=:T L BL-x CnAIILES E.?.Y>•Ov RL. X. Bc!= .MA -ATIY E. FIS[ JOHN PiLMW4 PIcE. \IID E- Y..FT1- TE= E. SCFVOr[ L. IPPZL DP'ID J.AL. r. kenYV L. B.�sLx kC3w LD L!� ie.as VJ iG. FLT i.. S.1.Or Bvl.v G- BL LISLE MICIAEL R �TYtATLv OL C.C.SLL Face "D E. RYLz Fr_.[ %. GII"K REPLY TO Saint Paul 2F _�:z . C 1 4•,1551� E f. Cb .N16SZL_ Z(70, Dear Judge Lord: Our firm has been asked by the City of Hutchinson to represent it in the above - entitled action. The other three individual defendants presently are not represented by counsel in this matter. Plaintiffs' counsel has scheduled the following motions for hearing before Your Honor on February 14, 1980 at 10:00 a.m.: 1. An order directing immediate trial as to all issues relating to preliminary and permanent injunctive relief; 2. For a declaratory judgment that defen- dant City of Hutchinson is obliged to issue industrial development bonds in accordance with the resolutions and agreements of August 14, 1979 and December 29, 1979, Exhibits A through D to the Complaint; B R I G G S AND M O R G A N' Honorable Miles W. Lord February 11, 1980 Page Two 3. For a declaratory judgment that the resolution of the City Co- :.nission of Hutchinson dated January 8, 1980, purporting to rescind the resolutions and agreements of August 14 and December 29 is null and void; 4. Enjoining defendants and each of them, their officers, agents and employees, and all those in active concert or participation with them from taking any action in derogation of plaintiffs' right to have industrial development bonds issued, as provided in the resolutions and agreements of August 14 and December 29. In the alternative, plaintiffs seek an Order: 1. Establishing an early trial date for all ' matters relating to claims for declaratory and injunctive relief; 2. Permitting plaintiffs to commence dis- covery by oral depositions of all defendants and third party witnesses, with appropriate document production by all defendants and witnesses, commencing February 18, 1980. Counsel apparently seeks to advance trial on the basis of Federal Rule 65(x)(2), which states: Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application . . . This sub- division (a)(2) shall be so construed and applied as to save to the parties any rights they may have to trial by jury. We wish to state our opposition, on behalf of the City 0 D R I G G S l N D M OR G A N Honorable "ilex WV . Lora February 11, 1980 Page Three of Hutchinson, to such request.* Initially, it should be noted that this action commenced approximately one week ago and that the City subsequently was served with supporting affidavits and a memorandum in support of plaintiffs' Motion just several days ago on February 7, 1980. Our first conference with the Mayor, Counclmembers and Administrative Assistant of Hutchin- son took place this past Friday. Obviously, there has been little time to analyze, much less engage in substantive discovery regarding, the allegations 1 raised in the Complaint.* Moreover, even a cursory review of the Complaint reflects that the allegations set forth various counts involving complex issues of both fact and law not compatible with a quick, "discovery- free" trial of all issues, as urged by plaintiffs. For example, the allegations of federal and state antitrust violations by the individual Councilmember /defendants require an initial determination of whether their alleged conduct is * We believe that the individual defendants also would join in opposition to the request, particularly inasmuch as they have not yet even retained counsel to represent them indivi- dually in these proceedings. * Pursuant to Rule 12, defendants have until February 24, 1980 simply to answer or otherwise move or plea in this matter. Moreover, defendants have yet to discuss with counsel and decide whether they wish to demand a jury trial. i3 i; 1 G G S e x n ?I O Ii G A N Honorable Niles 1%'. Lord February 11, 1980 Page Four in any event immunized from antitrust scrutiny. See, e.g., City of Lafayette v. Louisiana Power & Light Co., 435 U.S. 389 (1979); United Mine workers of America v. Pennington, 381 U.S. 687 (1965); Eastern Railroads Presidents Conference v. Noerr Motor Freight, Inc., 368 U.S. 127 (1961). only after that threshold determination would inquiry into the substantive claims of antitrust violations proceed. In short, it is the position of the City of Hutchinson that expedited consolidation and advancement of trial pursuant to Rule 65(x)(2) as requested by plaintiffs is unwarranted under the circumstances surrounding this matter. This ddfendant will attempt to address the issues raised by plaintiffs in their motion, supporting affidavits and memorandum of law recently w served. However, it is submitted that the requirements of dde process, including adequate notice and a fair and full oppor- tunity to be heard on the merits (see, e.g., Pughsley v. 3750 Lake Shore Drive Cooperative Building, 463 F.2d 1055 (7th Cir., 1972)),suggest that plaintiffs' proposed request for immediate consolidation and advancement of trial would be prejudicial to all of the defendants. For that reason, on behalf of the City of Hutchinson, we oppose plaintiffs' motions. While we, of course, recognize that the Complaint raises serious issues, h r� 13 1t I (', C+ S ,x), �-I o T2 G AN' Honorable , "iles V.. Lorc February 11, 1980 Page Five requiring judicial deterzination, we submit that resolution of those complex issues should not be accomplished in haste without sufficient opportunity for discovery, presentation and review. JFS:mf cc: Charles Quaintance, Jr. City_ of Hutchinson t--� Ralph Westlund Theodore R. Beatty Milton Lueneberg Respectfully submitted, Jy F. Shaw . MASLON KAPLAN EDELMAN BORMAN ERANED & MCNULTY MINNEAPOLIS, MINNESOTA 554C2 AREA "_'''E BIZ 379 -60'5 ­­E: r. r'^•SLC'. u ASv'.ti P'�P �•n ..•q JE` • �Ati Cn R.ES O. AiNTANCE, J. NE'L ! GE_. R:i6ER` A. ENGEL -E RONA.G G. 1.1T NE M C-AEL C. - -� L•JNER MAR�;N G WE'NSTEIN v.,L LEA r+ Z. PE NTELOV�' -C �+ MARC• S KALLACE MIC.AE. L SNOW BARBARA R. --USER T.CMAS M. SORMAN REBECCA PALMER MARK B.' ­N 80 -120 Mr. Milton D. Schantzen Keefe & Schantzen 246 Office Building - Suite 1 246 Main Street South Hutchinson, MN 55350 February 22, 1980 RE: Developers Diversified et al. v. City of Hutchinson et al. Dear Buzz: P:)GER E As you know, Judge Lord has scheduled trial of the injunctive and declaratory relief aspects of this case for March 17. As I understand it, defendants -are currently represented by the Popham, Haik firm. I understand that Briggs & Morgan is not representing anyone at this time. Apparently the insurance company has agreed to provide a defense, subject to some reservation of rights. I do not know whether you have decided that the reservations of rights require retaining additional counsel or whether you plan to ask the insurance company to pay for any such additional counsel. My only purpose in writing is to say that these questions are foreseeable and should provide no reason for any delay in either discovery or trial. Yours truly, 44ale'sQuaintance, Jr. CQ:ls cc: Mr. Scott Davies Mr. Bruce Willis �f u February 25, 1980 City of Hutchinson 34 Washington St.kest Hutchinson, 1� 55350 Attn: Gary D. Plotz, Administrative Assistant 0 Re: Claim Number: 71 CP1132 Insured: City of Hutchinson Claimant: Developers Diversified Ltd. b Hecht Association Date of Loss: Januuary 9, 1980 Policy Number: RC9 -1480 Dear Mr. Plotz: f• F R SSO ^ 2 RECF.'N'M c A lawsuit has been filed by or in behalf of the Developers Diversified Ltd., and Hetcht Association against the City of Hutchinson, et al. This action aroused out of an incident which involved an alleged breach of contract and unlawful voting procedures. PLEASE TAKE NOTICE THAT it is the contention of Forum Insurance Company that the City of Hutchinson, et al may not be entitled to any rights or benefits and Forum Insurance Company may not have any duty or obligation, including but not limited to a duty to defend or indemnify yo%, under the provisions of Policy Number RC9 -1480 issued by Forum Insurance Company to the City of Hutchinson and with respect to the action on the claim referred to above. PLEASE TAKE FURTHER NOTICE that Forum Insurance Company, in investigating the matters alleged or referred to in the action or claim, or in negotiation, for any compromise thereof, or making any settlement thereof or in defending this lawsuit filed against you or in any other way acting or failing to act with respects to the action or claim referred to above, does not waive any of its rights or admit any duty or obligation under the policy of insurance issued by Forum Insurance Company to the City of Hutchinson and bearing Policy Number RC9 -1480. Forum Insurance Company hereby asserts this reservation of rights due to the allegation of illegal acts, injunctive relief, breach of contract, and loss of use of property. Mpa 51 Please refer to Section III Part D of the Public Official that you have with our firm. This particular section states: "Loss" shall mean any amount which the insureds are legally obligated to pay including but not limited to any amount the public entity may be required or permitted to pay as indemnity to an insured for a claim or claims made against the insured for a wrongful act and shall include but not be limited to damages, judgments, settlements and cost, cost of investigation and defense of legal action (excluding salaries of officers or employes of the public entity, or any other governmental body) claims or proceedings and appeals therefrom, premiums or bond to release attachments or similar bonds but without any obligation to apply for or furnish any such bonds, providing always,however such subject of loss shall not include fines or penalties imposed by law and any amounts due payable under the terms of any contractual obligation." Also please refer to Section IV Exclusions 1 S 2 and 4 of the Public Official Liabiity Policy that you have with our firm. This particular section states: "The Company shall not be liable to make any payment in connection with any claim made against the insureds based upon or attributed to their gaining and in fact any profit or advantage to which they were not legally entitled, including renumeration paid in violation of law as determined by the courts; "Brought about or attributed to by fraud or dishonesty of an insured; however, notwithstanding the foregoing, the insured shall be protected the terms of this policy as to any claims upon which suit may be brought against them by reason of any alleged fraud or dishonesty on the part of any insureds, unless a judgment or other final adjudication thereof adverse to such insured shall establish that act or active or deliberate dishonesty or fraud committed by such insureds was material to the cause of action so adjudicated;" -3- "For any damages arising from bodily injury, sickness, mental anguish, disease or death of any person or for damages to or destruction of any tangible property including loss of use thereof;" PLEASE BE FURTHER ADVISED that Forum Insurance may seek reimbursements and /or indemnity from the defendants to recover any and all sums paid in the defense of this actual claim on your behalf and eto recover any and all sums paid toward the satisfaction of any j u should it be any settlements of this action or claim on your behalf defend or indemnify determined that Forum Insurance Company has no duty the defendants with respect to the above referenced action or a claim. nsel of PLEASE BE FURTHER ADVISED that you are at liberty to employ couterests your own choosing and at your own expense, to represent your with respect to the presently existing coverage dispute and /or the action or claim referred to above. It is not our inteention ht to do so. that you must employ additional counsel; but merely y g of At nt this action has been assigned to man Srpotyedernci erevent the law firm of Popham, Haik, Schnobeck.9 Kaufman you wish to discuss this claim wit m, a may a reac ed at area code 612 -335 -9331. In the event you wish to discuss the subject of this letter with me, I may be reached at area code 312 -843 -4469. Thank you for your cooperation in this matter. Very truly yours, D La^a_ A f.� Diana Spires Claim Examiner DS /of r POPfAM, HAIK, SCHNOBRICH, KAUF • b DOTY, LTD. 4 3 A A IDS CENTER Mr. Theodore R. Beatty 228 Main Street South Hutchinson, Minnesota 55350 Mr. Milton Lueneberg Two Main Street South Hutchinson, Minnesota 55350 Re: Developers Diversified, Ltd. et al vs. City of Hutchinson, et al. Our File Number: 6096 -010 Gentlemen: As you know, this law firm has been assigned the represen- tation of the City of Hutchinson and of each of you in the defense of the lawsuit instituted against you by Developers Diversified, Ltd. and Hecht Associates. This designation was made by Forum Insurance Company in accordance with the insurance policy issued by it to the City of Hutchinson and in accordance with a terms an con i ions ot the enclosed etter of Fe ruary , rom_ Diana Spires of Forum Insurance Company to t}_e City of Hutchinson. Bruce Willis and I will be the principal attorneys assigned to this lawsuit from this law firm. We are pleased to represent you and the interests of the City of Hutchinson. As you all know, U.S. District Court Judge Miles Lord has scheduled the trial in this lawsuit to begin on March 17, 1980. Since the trial is near at hand and depositions are already underway, we must immediately remind you that we are representing all of the named defendants__ in this lawsuit. MINNEAPOLIS, MN (55402 / WATNE G PO PRAM. AM £S 4. STEILEh ~ RAYMOND A. HAIK ,AN ES E. LOCKHAR' / TELE ,-HCNE ANC TELECC °IER ROGER W. SCHNCBRICH GARY E. RARISr,. DENVER KAUFMAN ALLEN W. HINOERAKER DA.VIC S. DCTY CLIFFORD M. GREENE --- ROBERT A. MIN!SH D. WILL1AW KAUFMAN ROLFE A. WORDEN D ESYL L. PETERSON DENVER OFFICE G MARC V.HITEHEAD MICHAEL O. FREEMAN' 2c60 ENERGt CENTER ONE BRUCE D. WILLIS LARRY C. ES-EL DENVER. COLORADO B02C2 FREDERICK S RIC HARDS AVID A. JONES RCNALC C. ELMOVIST SALLY A.JCHNSON 303- E25-2EEC G. RCEERT JOHNSON LESLIE GILLETTE GARY R. MACOMSER MICHAEL T. NILAN RDBERT S. BURK ROBERT E.HAME— ;4 FREDERICK C. BROWN Or COUNSEL BRUCE D. MALKERSON DALE C. NATHAN MOT ADMITTED TO .—ESOT. OAF March ch 4 , 1980 CV W cc `' Mr. Ralph Citizen's Westlundkf-LF Bank Building .°' 102 Main Street South s`'� N ' �£2Zc Hutchinson, Minnesota 55350 �v Mr. Theodore R. Beatty 228 Main Street South Hutchinson, Minnesota 55350 Mr. Milton Lueneberg Two Main Street South Hutchinson, Minnesota 55350 Re: Developers Diversified, Ltd. et al vs. City of Hutchinson, et al. Our File Number: 6096 -010 Gentlemen: As you know, this law firm has been assigned the represen- tation of the City of Hutchinson and of each of you in the defense of the lawsuit instituted against you by Developers Diversified, Ltd. and Hecht Associates. This designation was made by Forum Insurance Company in accordance with the insurance policy issued by it to the City of Hutchinson and in accordance with a terms an con i ions ot the enclosed etter of Fe ruary , rom_ Diana Spires of Forum Insurance Company to t}_e City of Hutchinson. Bruce Willis and I will be the principal attorneys assigned to this lawsuit from this law firm. We are pleased to represent you and the interests of the City of Hutchinson. As you all know, U.S. District Court Judge Miles Lord has scheduled the trial in this lawsuit to begin on March 17, 1980. Since the trial is near at hand and depositions are already underway, we must immediately remind you that we are representing all of the named defendants__ in this lawsuit. • 0 POPHAM, HACK. SCHNOBRICH. KAUFMAN b DOTY. LTD. Mr. Ralph t,;estlund Mr. Theodore R. Beatty 1.1r. Milton Lueneberg Pace Two ?.arch 4, 1980 In the event further discovery should disclose facts which would prevent us from representing all of the defendants, we will i ,ediately bring this matter to your attention and to the attention of ForuL-r� Insurance Company and request that separate legal counsel be assigned. To date, we are unaware of any facts which would prevent this firm from competently and ethically representing the interests of all defendants. We have also reached this decision at this time because the plaintiffs will be seeking only injunctive relief against the City of Hutchinson at the trial scheduled to commence on March 17. In other words, the specific issues relating to the claims for damages against- - each of you will not be directly addressed at that time. It is our understanding, however, that the plaintiffs may at a later date and depending on the result of the trial commencing on March 17 litigate the damage claims against the City of Hutchinson and against each of you. We stand ready to answer any and all of your questions as they may arise and will spend whatever time is necessary to prepare each of you for the upcoming trial. We urge you to con- tact us at any time if you should have any questions or concerns regarding the status of the lawsuit or the nature of our represen- tation. I must also advise you at this time, in accordance with the advice of Diana Spires, that you are free to retain legal counsel of your own choosing and at your own expense to represent your interests in this lawsuit. In this regard, please refer to the comments contained in Ms. Spires' enclosed letter. Please be assured that if you decide to employ personal counsel we will in all ways cooperate with your counsel and respect their requests and suggestions. Very truly yours, Frederick C. Brown FCB /sjc Enclosure cc: Mr. Gary D. Plotz / Milton D. Schantzen, Esq. Ms. Diana Spires (6'2) 879 -23' CITY OF HUTCHINSON 37 v^ ✓ASH,;'JG TON AVENUE V ✓EST HUTO,, -�,n�; c Jtil. P✓,"�,' ":. 5350 November 25, 1980 TO: City Council FROM: City Engineer SUBJECT: Street Department Truck Bid On Friday, November 21, 1980, the following bids for a "ONE TON TRUCK WITH PLOW AND SPREADER" were received: Swanke Motors, Inc. - $17,562.00 - No Trade Myron Wigen Chevrolet Co. - $17,631.00 - No Trade Myron Wigen Chevrolet Co. - $17,331.00 - With Trade of Two (2) Vehicles A bid was received from Larry Karg for the 1951 Chevrolet Dump Truck in the amount of $260.00. A late bid was received from Robert Anderson for the 1972 International Pickup in the amount of $110.00. Based on the above, it is recommended the City accept the bid from Swanke Motors, Inc. for $17,562.00 with no trade. We recommend the bid from Myron Wigen Chevrolet Co. for $17,331.00 with trade of two vehicles be rejected. We, also, recommend that the bids to purchase the two used vehicles be rejected. It is proposed that these vehicles be retained until spring of 1981, at which time they would be sold at an auction at an anticipated better price. Sincerely, CITY OF HUTCHINSON Marlow V. Priebe City Engineer Pv cc: Ralph Neumann Ken Merrill F, . r hutchinson community hospital Century Avenue, Hutchinson, Minnesota 55350 Telephone 612/587 -2148 "An Equal Opportunity Employer" November 20, 1980 Mayor Ralph Westlund and City Council Members 37 Washington Avenue West City Hall Hutchinson, Minnesota 55350 Honorable Mayor Westlund and City Council Members: The Hospital Board recently heard requests from the hospital staff regarding capital expenditures. These expenditures were in excess of $5,000 and consequently are being presented to you for approval prior to purchase. The following items are abstracted fran the regular hospital board minutes and read as follows: Cardiac Monitors for Surgexy The hospital's biomedical engineer recently discovered that one of our cardiac mni-tors in the surgical suite has had electrical leakage and because of this, the machine has been "red tagged." The hospital, in the interim, is renting machines. Exhibit A Costs estimates for rent are prohibitive. Several alternative type of machines have been investigated. A detailed analysis was presented by anesthesia to the Board regarding a decision on the purchase of the monitors. Following discussion: Motion was made by Natwick to request approval of the City Council to purchase two cardiac monitors from International Medical Equipment at a cost not to exceed $6,400. Motion was seconded by Ewald. All were in favor. Motion passed. Television Sets A few years back the hospital's board made a comTittment to replace all the black and white television sets with color TV's frcan Sylvania. Following discussion: Exhibit B Motion was made by Natwick. to request approval of the City Council to purchase 15 color television sets from GTE Sylvania at a cost of approximately $5,300. Motion was seconded by Gruenhagen. All were in favor. Motion passed. �—,t—zf Page #2 Hospital Bed Replacement The Board of Directors made a decision a few years ago to replace, on a gradual basis, the hospital's manual ck) beds with electric beds. A request was recently submitted to the Exhibit C board for consideration of replacing 5 manual hi -low beds with electric Borg - Warner beds. Following discussion: Notion was made by Natwick to request approval of the City Council to purchase 5 Borg-Warner beds with attachments at a cost of approximately $6,000. Notion was seconded by Ewald. All were in favor. Notion passed. Thank you for your consideration regarding the above- mentioned items. I will be present at the City Council meeting to discuss further the above mentioned expenditures if there are additional questions. Sincerely, HIT1=4SON COMMUNITY HOSPITAL Philip Graves Admini trator PGG:lkz Enclosures (3) DEPARTMEN"�- CAPITAL EXPENDh ..,QUEST EXHIBIT A PROPOSAL PRESENT SYSTEM ALTERNATIVES TO PROPOSA =, RECOl_,IENDATION AND E4TIONALE BUDGETED, IF NOT, PLAN FOR FINANCING To purchase two Ohio We presently rent two Abbott - $9,443.20 The Ohio Monitor is com Budgeted - $3,500.00 ECS Cardiac Monitors with monitors from Narco pact and offers us the Hospital Auxiliary attachments from at an annual cost Narco - Datascope necessary parameters we $4,000.00 International Medical at of approximately $8,521.50 are interested in. a total cost not to ex- $6,000. Considering the reliable Total $7,500.00 ceed-$6,400.00 service of the company and the purchasing of two monitors, we are not concerned about the interchangability with the Abbott scopes in ICU. Therefore, we are proposing to accept the lowest bid, which is the Ohio Monitor. Signature: Donald Shaffer, Anesthetist Date: 10115180 > 1LRS ING DEPAM ENT CAPITAL EXPMT IR8 REQUEST EDGITRtT B PROPOSAL PRESENT SYSMI ALTERNATIVES TO PROPOSAL RECOMMMION AMID RATIONALE, P,1�'DG]J'tED, IF NOT, PLAN FOR FEMCING To purchase 15 GTE Present system in the Continue with existing It was the decision of Equipment has been Sylvania 19" color hospital is 19" black 19" black and whites. the Board of Directors budgeted in the amount television sets at a and white remote in 1978 to begin a of $5,100.00 for the cost of $5,276.25 F.O.B control units. This total replacement fourth quarter of 1980. Batavia, NY'. system was installed plan of all television in the hospital at the sets in the patient time of original care areas. A system construction in 1970. for replacement is installing color television sets in each wing until all black and whites are replaced. SIGNATURE: 8/79 GT /JAL /dir Dennis Anglin DATE: November S, 1980 ► Wtw i.tw UL'.rArUl XA'41 CAPITAL DTENP7-°1JRE REQUEST EXHIBIT C PZOPOSAL PRESENT SYSTEM ALTM*MVES MCQt->; ENDATION T?0 PROPOSAL. AND RATIONAM To purchase 5 Borg - Warner model #3 beds, complete with accessories and overbed tables in the amount of $5,595.45 plus an additional $350.00 for transportation at a total cost of $5,945.45 The present system in the hospital is manual beds along with older type electric beds. SICNATLRE: Dennis Anglin VJ /79 Continue with existing manual beds and some older type electric beds. It was the decision .in 1979 to start replacing the manual beds in patient care areas with the new electric beds.until all the old type manual beds have been eliminated. IF Nar, , PIAN FOR' FINANCUC Equipment has been budgeted in the amount of $5625.00 for purchase in the fourth quarter of 1980. DATE: November S. 1980 POLICE DEPARTMENT MEMORANDUM TO: Mayor and City Council FROM: Dean M. O'Borsky, Chief of Police SUBJECT: Part -time Police Officer 9 November 21, 1980 DATE The Hutchinson Police Department currently has one position open on the Part -time Police Unit. Under State Law we are only allowed to have six Part -time Officers which has been computed by the number of officers who were working at the time that the new legislation was enacted in 1979. I recommend that the Council approve the appointment of Miss Carol Schmidtbauer of Hutchinson to the position of Part -time Officer. Carol is currently a licensed Part -time Officer and has experience with the Mankato Police Department as a Reserve and also was employed by the City of Hutchinson as the Bicycle Safety Officer under our Federal Grant two years ago. She will be graduating from Mankato State Universtiy in December of 1980 with a double major in Law Enforcement and Corrections. She also will attend the 9 week Skills School in the Spring of 1981 with hopes of being a Full -time Police Officer. She comes highly recommended from the Mankato Police Department and should be a good addition to our Department. DMO:neb cc: Hazel Sitz ?_ ..Qi 8 �612j 879 -2311 CITY OF HUTOHINSON 37 WASHINGTON AVENUE VVEST HUTCh';,,.'SON, Pvfh%fr,:�. ;:5350 M E M O R A N D U M DATE: November 25, 1980 TO: Mayor and Council -------------------------------- FROM: Water Billing Clerk -------------------------------- SUBJECT: Delinquent Water Accounts -------------------------- - - - - -- 01- 0570 -0 -00 Treinen Buschel, Inc *37 Monroe St. S.E. Box 98 $23.84 WATER OFF 04- 0675 -0 -00 Bondex, Inc. 115 Erie St.-S. $12.25 REFUSE 09- 0760 -3 -00 Wm. Hetherington *330 Dale St. Box 93 $41.90 10- 0265 -0 -00 Mrs. Ruth Piehl 621 Juul Road $44.81 Promised to pay Dec. 4, 1980 *Service Address 20- 0065 -0 -00 Eugene Duesterhoeft 715 Harrington St. $81.61 24- 0275 -0 -00 Francis Bartz 520 Larson St. $45.81 Recommend water be discontinued on December 1, 1980 at 12:00 Noon on all the above except were otherwise noted. • i DATE November 19, 1980 POLICE DEPARTMENT MEMORANDUM TO: Mayor and City Council FROM: Dean M. O'Borsky, Chief of Police SUBJECT: Pam Isaacson's Resignation With regret I have accepted Dispatcher Pam Isaacson's resignation. She has been a good employee and we hate to see her leave, however, they are building a home near Litchfield and she has a job opportunity which will be closer to home. CITY OF HUTCHINSON POLICE DEPARTMENT INTRA- DEPARTMENTAL MEMORANDUM DATE November 15, 1980 TO: Chief of Police O'Borsky, Mayor Westlund and Hutchinson City Council FROM: Pamela Isaacson, Police Department dispatcher SUBJECT: Resignation I hereby tender my resignation as of December 1, 1980. Qm� .ten E . . r(� v s r WHEREAS, Pa,ncEa I,saacson has 5vwed the City we.CL as Dizpatche,, in the PoZi_cc Depattment ion. t►ie past 'out, (4) yeatcs and nine (9) months; WHEREAS, said Pame.ea. I.6aac.6on ho .6en.ved jaith{u ty and dif i.gentty giving 06 he,% time and tatent6 towaAd the ewLichment o �, the City, NOW THEREFORE, BE IT RESOLVED 8V THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, deep apptee cation iz hereby expte6eed to Pame. -a 1.6aaesson ion hen aSone- mentioned aercvices and the gut tude of Hutchi.n-6on and the citizen.6 theneoj .c.6 hene.by expte zed. Adopted by the City Co unc it thi.6 25th day o j No vemb etc, 1980. ATTEST: GaAy D. P otz City Ctenh Ratph D. We,6ttun Mayon. l ' E �• (612) 879 -2311 CITY OF HUTCH`NSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: November 18, 1980 TO: MAYOR AND CITY COUNCIL FROM: PERSONNEL COORDINATOR RE: CETA EMPLOYEE The City of Hutchinson has been offered the opportunity to employ an individual under the CETA -On Job Training program. This person could work full time with wages and fringe benefits fully paid under the CETA program for up to a year, or until he returns to school. We have need for a public works laborer who could assist in water, wastewater, or street work. Therefore, approval is requested to emplby this individual at this time, at Grade II, Step 2. He has been interviewed by Ralph Neumann. He is Aaron Lietzau, 578 South Main Street Respectfully, copy: Ralph Neumann DATE November 14, 1980 POLICE DEPARTMENT MEMORANDUM T0: Mayor and City Council FROM: Chief of Police, Dean M. O'Borsky SUBJECT: Purchase of File Cabinets The Hutchinson Police Department is currently in need of a file cabinet to centralize the thirteen different card files located in three different rooms in the department. The approximate cost of such a cabinet is $525.00. We are also in need of a storage cabinet for the Investigator's office for evidence gathering equipment. The cost of this cabinet is approximately $125.00. I realize the budget is tight, however, we just had a bike auction and realized a profit of $445.00. I propose the City Council allow us to purchase these items by putting the money from the bike auction toward these purchases and taking the remainder of the money from the CSO budget, which has approximately $150.00 remaining for office supplies in the 1980 budget. DMO:neb 9� 9 0 - - - - APPLICATION FOR_SNOW F ------ REMOVAL ---------------- P, -NUT CITY COUNCIL TOthe ... . ...................... ............................... of the- ... - CIn ....................................................... Of_ .. .... !PTCHINSON . . . ........................................ ........ ........... ........................... . .... in the County of .... ....... ......... M.C.L.E.09 ................... ................................... State of Minnesota: The under8ifned, owner whose address is ......:..G .................................. .. .............................. REMOVE . ... . ... ................................... ....................................................... .................. .............hereby applies a permit to ......... . ..................... .. . ... .. . . . .......... SNOW . ........... .................................................................................................... ......................... ............................... . ............. . .......... upon that certain tract of land described as follows.- Lot ............................................ -.; Block . ................. . .. .. plat or addition .... WITHIN CITY LIMITS ............ .......... addren ........................... . ................... I ... . . ............... . ..... ............................................................ which is of the following size, and area; width............ . ... _........feet; length.. ...... . .......... ... .... feet: area....... .. ... ....... ............ ......................... ......... ............ ....... ....... . ......... ....... — ......... ................... .. . - ...... ....... and hereby apvt8 that, I '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 specifloatiom therefor herewith submitted andwith all the ordinances of 8ald .....CITY .... ...................... .............................. . .................................................... . ..... . ......... ..... I ..... ...... applicable thereto. 1ppZicant fre48 to pay fm or assessments at the time and in the amounts specified as follows: .... . .... ... ........... . . ..... .......... .......... ........... ................. ........... ...................... . ....... ........ .... ...... .... . ...... CO....... 0*4 .. ..................... ....... .. . Owner APPLICATION FOR_ SNOW REMOVAL -PEXILAUT ..... . . To the MCOUNCIL --S- ... . .................................. . Ofthe ... -91 ....... ... ...................... . ....... . ...............Of......... ...-_........... ..........._....._......._...in the County of . .... ....... . -MC.L.E.OD ............... ............................................ I State of Minnesota.: *41 ......... .. 27m undersigned owner whom address is..._............ ... ............ L REMOVE 91�& ............................................................ hereby applies for & J0107711it *0 ............. ...... . ............... SNOW . ......... . ........... ...... ......f. upon that certain tract of land described as follows: Lot............__ ................................ ; Block......-- .- .__...__..:.._....... plat or addition .... WITHIN - - - ... CITY TY ... LIMITS MI.TS ..... . .............. ......... ; addren ....................... ........................... - ... - - -------- - - - -_- which is of the following size and area; width ....... . .. .. ... ............feet; length. .... ...... ..... ... .... . . feet: area.... .. .. .. ........ ............ . ............... --.- ..... ............ . ..... ......... ........ . ..... .. .. .... .. ................ . and hereby apv" that, in case such permit w granted, that all work which shall be done and all materials which shall be used shall comply with the plans and 8pedfl4ations I therefor herewith submitted and with all the ordinances of 8aid ........ !ql7X ...... . .......... .... . ...... --.— . . ................ ...... . . ............ . . . . ...... ....... applicable thsrst& Jpplioant further agrees to pay fees or assessments at the time and in the amounts specified as follows: -.0grov"Wo- .......... .... ... . ...... . ............ 41, .... . . ...... FEE $1.00 NOV 1989 PAID 9_ Own. crff of HU ".1 INX APPLICATION FOR--- SNOW ` REMOVAL --- PER-1,11T To the ........CITY COUNCIL of the.._....... CITY .._.... HUTCHINSON of .................................................................................... .............................in the County of MCLEOD .........., State of Minnesota: .......... ..... .............. ............................... The undersigned owner whose address is .................................. .................................................................... ................... ........... .... . _.. ..... ..... ... ............... _ .................. ... ...... .............. .......... ....- ............ ..... .................. hereby applies for a permit to...REMOVE ............. SNOW .. ............ r ......................... L :..........:... ."/...... �z � c.�= .:...... ................................................. ............................... .. .... upon that certain tract of land described as follows: Lot............ ..... ..............................: Block................... ........ . plat or addition ........ WITHIN CITY LIMITS ... -__ -.; addreaa ..........................._. .................. ............................... ; which is of the following size and area; width............ _. - .. .... ............feet; length. .... feet. area...... _ ........ ......................... ..................................................---... ............................ - -- ............... ... ....... .. ......... ......... ....._. ; 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 plane and specifloaatiom therefor herewith submitted andwith all the ordinances of said........ CITY.- .............................................. . ....................................................................... ..... ..... ...... applicable thereto. .applicant further agr Fig a`iv easmcnte at the time and in the amounts specified as follows: 4 4404 ............. ........ ................... _ ..... .. . ........... ........................ PAID ...................... ..... FEE $1.00 F�Z ��� Owner Na 293 Application for Permit Gen" Fora. Xwer-D.d. oa.. Kinue"OAo APPLICATION FOR, --st t_RmQYAL____PERMIT Toam ...., .....E I T.Y._ CHR 1 L .................... .. .... _ ........... .... _....._..................._._.. ......................... .._... .... .... ofthe ......... .._ ... CITY ........... .. ...... _....... _ ..... __ ... ...of ................_ ........ _HUT: CHI. KSO&.. ...... .. .................... _ ................ _...in the County of - .N. L. EO. 0 ................................................... _ ......... .............. State of .Minnesota: The undersigned owner whose address ...... �`" ........hereby applies for a permit tio ... PLOR. AND REMOVE .. SNOW... WIT H ............ _- �'....z1....._.... _.. ... _ ....... _ ... _ ..... _ ................... _ ....... upon that certain tract of land described as follows: Lot . .............................. .............; Block... _....., ......... __ ................... ; plat or addition ...... _ ..................................................... ............._........._......; addren ... _ ..... _._ ............................... ...._. ...... ._...._•____.. _.........; which is of the following size and area; width ............................................ _ ..... fed; length ................... _ ........................... ..feet; WITHIN THE CITY LIMIT area ................. ..................................... ._................_.....$.._... _. ..__... _._...._..._.._._._ ................ _ ..... _ ... ................ ... ..... _..... -: 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 speoifcoations therefor herewith submitted and with all the ordinances of said......... CITY .OF�HUTCHINSON applicable thereto . .........................._........._.......... ................... ....... ... .......... ....__.........._.........._... .dpplioant reel to pay fees or assessments at the time and in the amounts specified as follows: = X4 j r 0 9 M E M O R A N D U M DATE: November 21, 1980 TO: Mayor and City Council FROM: Kenneth B. Merrill, City Accountant SUBJECT: Year End Audit Attached is the proposal for the 1980 year end audit from the audit firm of Thorsen, Campbell, Rolando & Lehne. The quote of $13,000.00 represents a $250.00 increase over the 1979 year end audit. The firm has been doing our audit since the 1940's and is very familiar with the operation of the City. The firm has done an acceptable job on the audit. KBM:ms cc: Gary D. Plotz 9 -4 Thorsen Campbell Rolando & Lehne R.:--nd-cl -- —norwn. C r A F S Cainnioeb, F, A �—r A C.' A Dc!naia ri, %:wn, A Ce.-tfied Pubic r"iccountants Mr. Gary Plotz City of Hutchinson Hutchinson, Minnesota 55350 Dear Gary: July 18, 1980 Re: Audit Fee Proposal - Year Ended December 31, 1980 As you requested, we herewith submit a fee estimate proposal with respect to the audit for the year ended December 31, 1980. As you well understand, it is always difficult to estimate a city audit fee due to the changes in funds, ongoing bond issues, volume of transactions, and normal annual growth of the entity involved. We would anticipate that the time involved would be similar to last year. We would anticipate that our work schedule would be similar to previous years. Our fee estimate for the audit according t6' generally accepted accounting standards and an opinion that the report was presented in accordance with generally accepted accounting principle is as follows: Based upon our estimate of hours at standard rates for each category level of staff and assuming the expectant degree of City accounting assistance for the coming year and further assuming there are no special internal problems or other consultation or systems work that would not be subject to an additional proposal, our audit fee would not exceed $13,000. This fee is approximately the same as, last year. We, of course, wish to continue our present relationship with the 11 City and we know we can perform the type of work and service you are looking for. We also feel we have an adequate sized staff with the necessary expertise in municipal accounting that is necessary for a city of your size. If you have any questions at all about this proposal, please feel free to contact either Bob Campbell or myself-' Very truly yours, THORSEN, CAMPBELL, ROLANDO & LEHNE By. C.P.A. Roger Ocel RJO:smb cc: Mr. Kenneth Merrill 5:353 Garr leDnve V1=ea;)c1LS,'-`N 55416 jj ' --s � Mern-47eA -a-Cup 0 C P-A". pnnc�p c:es * 0 9 M E M O R A N D U M DATE: November 24, 1980 --------- - - - - -- TO: Mayor and City Council -------------- - - - - -- FROM: Kenneth B. Merrill, City Accountant -------------------------- - - - - -- SUBJECT: Upgrading of Telephone System — ------------------------- - - - - -- Attached is a proposal from the Hutchinson Telephone Company to place a new electronic system in operation. The system would be similar to several in- stallations already in the City. The phone system will add to the efficiency of the office and solve some of the operational problems we have on occasion. During the 1981 budget planning, the Council set aside money in the contin- gency dollars to upgrade the system. If the Council would approve the installa- tion, the phone company could order the equipment and have it operational in early 1981. KBM:ms HUTCHINSON TELEPHONE COMPANY TELEPHONE EQUIPMENT PROPOSAL FOR CITY OF HUTCHINSON q-11x-1 MANAGER'S OFFICE • Phone 587-24M HUTCHINSON TELEPHONE COMPANY 30 Second Avenue Southwest • Hutchinson, Minnesota 55350 November 25, 1980 Mr. Gary Plotz, City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 RE: PABX TELEPHONE EQUIPMENT Dear Gary; c� Enclosed please find our quotation of prices for a new Electronic PABX for the Hutchinson City Hall complex. As per our meetings with yourself and Ken Merrill and my telephone employees concerning your operation and its telephone system, it is my recommendation that we install a GTD -120A PABX made by GTE Automatic Electric Company to replace your existing Electro - mechanical PABX. The many features that are available with these new electronic switches will have many advantages that I know will help you and your people with the operation of the City's communications network. We have several of these systems in operation in Hutchinson at the present time and have found them to operate very well. If you have any additional questions or need additional information, please contact me at our offices. WSC /lmj Encl. Sincere. -lyy yours, Walter S. Clay Treasurer lol BUSINESS OFFICE Phone 587 -2323 • • PABX EQUIPMENT MONTHLY GTD -120A ELECTRONIC PABX: EQUIPPED WITH 40 LINES AND 8 TRUNKS, ONE ATTENDANTS CONSOLE WITH BUSY LAMP FIELD. 2 TOUCH CALLING RECEIVER CARDS @ $7.50 15.00 $423.00 $408.00 ADD ADDITIONAL CARDS: 8 STATION LINE CARD @ $16.30 4 LINE TRUNK CARD @ $16.30 INSTALLATION INSTALLATION ONE TIME CHARGE $882.00 60 MONTH DECREASING TERM CONTRACT @ $235.00 PER MONTH. MONTHLY 6 PBX TRUNKS @ $22.50 $135.00 6 TOUCH CALLING LINES @ 1.90 11.40 $146.40 28 PABX EXTENSIONS @ $ 2.35 $ 65.80 28 TOUCH CALLING PHONES @ .50 14.00 $ 79.80 INSTALLATION OF TELEPHONES COST FOR EACH TELEPHONE INSTALLED @ $10.00 SERVICE CONNECTION CHARGE $ 25.00 • M E M O R A N D U M DATE: November 24, 1980 TO: Mayor and City Council ------------------- - - - - -- FROM: Kenneth B. Merrill,— City Accountant ---------- - -._ — ------ — — — — — — — — — — — — SUBJECT: 1981 Shade Tree Application The Department of Agriculture has requested all cities to place their 1981 application for Diseased Shade Tree by December 1, 1980. The Legislature must approve the program during the upcoming session for the application to be approved. Mark Schnobrich has put together the application, and the numbers have been reviewed. The attached Resolution is needed to accompany the application. KBM:ms Attachment 9 �� RESOLUTION NO. 6642 RESOLUTION GIVING APPROVAL OF APPLICATION FOR 1981 DISEASED SHADE TREE PROGRAM SANITATION /REFORESTATION GRANT -IN -AID BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City of Hutchinson is in support of an application to the Department of Agriculture for the 1981 Diseased Shade Tree Program. FURTHERMORE, the City of Hutchinson submits said application to the Legislature for approval. Adopted by the City Council this 25th day of November, 1980. ATTEST: Gary D. Plotz City Clerk Ralph D. Westlund Mayor • 0 (6'12j 87ti-23 i CITY OF HUTCHINSON 37 tVASH /NGTDN AVENUE V EST HUTG! i ^JSOiV. 55350 M E M O R A N D U M DAVE: — — — — November 19, 1980 — — TO: — — Hutchinson City Council - ----------------- FROM: Planning Commission-------------- - - - - -- SUBJECT: — — Ccnditional Use Permit _ submitted by "Orville Martin" -------------- Pursuant to Section 6.07, C.5, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for a conditional use permit. HISTORY On October 27, 1980 an application for a conditional use permit to allow a 6' x 15' addition to a non - conforming structure in a R -2 zone was sub- mitted. The hearing was held on November 18, 1980 at which time no one was present objecting to this 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 pub - lished'in the Hutchinson Leader on Friday, November 7, 1980. 3. Since this building is non - conforming to the present zoning, a conditional use permit is necessary. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted. Respectfu ub mitte , Mr. Don Erickson, Chairman Hutchinson Planning Commission 9� RESOLUTION NO. 6643 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07, C.5 OF ZONING ORDINANCE NO. 464 TO ALLOW AN ADDITION TO A NON - CONFORMING STRUCTURE IN A R -2 ZONE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: FINDINGS 1. Orville Martin of Hutchinson has made application to the City Council for a Conditional Use Permit under Section 6.07, C.5 of Zoning Ordinance No. 464 to al- low a 6' X 15' addition to a non - conforming structure in a R -2 zone, located at 704 Harrington, having the following legal description: Lot 21, Peterson's Subdivision 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 Com- prehensive Plan. 3. The Council has determined that the proposed use will not be detrimental 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 general purpose and intent of_the Zoning Ordinance and the Comprehensive Plan. ` rnurT TTCT()M 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 25th day of November, 1980. ATTEST: Gary D. Plotz City Clerk Ralph D. Westlund Mayor • 0 r (612) 879_2311 ' CITY OF HUTCHINSON 37 '1 ASH/NOTON AVENUE ', =S:' M E M O R A N D U M DATE: November 24, 1980 TO: Hutchinson City Council FROM: —Planning Commission SUBJECT: — Request for Rezoning Property described as Lot 6, Block 11, — - -- --------------- -- South 1/2 City o�Hutchinson Pursuant to Section 6.06, C.4, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its finding of fact and recommend- ation with respect to the aforementioned request for rezoning. HISTORY On November 6, 1980 a request was submitted by the City of Hutchinson and signed by the owner to rezone Lot 6, Block 11, South 1/2 City of Hutchinson, from R -2, Multiple Family Residence District, to C -3, Central Commercial District. A public hearing was held at a special Planning Commission meet- ing on Monday, November 24, 1980. FINDINGS OF FACT 1. The required application was submitted. 2. Notices were mailed to the surrounding property owners as well as publish- ed in the Hutchinson Leader on Wednesday, November 12, 1980. 3. It was found by the Planning Commission that the request for rezoning is not inappropriate since this property is adjacent to an area present- ly zoned C -3. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned property be rezoned to C -3, Central Commercial District. Respectful l itte , Mr. Don Erickson, Chairman Hutchinson Planning Commission �' ORDINANCE NO. 22/80 AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS: The following described real property is hereby rezoned from R -2 Multiple Family Residence District, to C -3 Central Commercial District. Lot 6, Block 11, South 1/2 City of Hutchinson Adopted by the City Council this 9th day of December, 1980. ATTEST: Gary D. Plotz City Clerk Ralph D. Westlund Mayor is • ;. 2) (61 879 -231 1 C /�'Y OF H(!TCHINSOAl 37 'V /ASH[( 'VGTON AVENUE WEST HUTOH/NSON. PAWN. 55350 November 25, 1980 TO: City Council FROM: City Engineer RE: Land Transfer Attached is a copy of a letter and the enclosures received from W. E. Reyerson. I would recommend the City Attorney review same for recommendations. pv attachments Sincerely, CITY OF HUTCHINSON Marlow V. Priebe City Engineer 9- � W. E. REYERSON ATTORNEY AT LAW 215 - 1st Ave. N. W. - P. O. Box 595 HUTCHINSON, MINNESOTA 55350 November 20, 1980 Mr. Marlow V. Priebe, City Engineer City Hall 37 Washington Ave.West Hutchinson, Minnesota, 55350 Dear Mr. Priebe:- (612) 587 -2167 On March 27, 1980 the City of Hutchinson executed and had filed and recorded in the office of the County Recorder in and for McLeod County, Minnesota, a warranty deed conveying to Lorraine A. Meyer a strip of land 2.55 feet north to south and 132.0 feet east to west adjacent to Lot 5, Block 50, Townsite of Hutchinson, North Half, a copy of which deed is inclosed herewith for your consideration. By this warranty deed the City of Hutchinson warrants "that it is well seized in fee of the lands and premises aforesaid ". Mrs. Lorraine A. Meyer, the grantee, asked me for an opinion relative to this conveyance, and I had to advise her that although it appears valid on its face it is in fact null and void and creates a cloud on her title that can only be removed by an action in District Court to quiet title. I am inclosing a sheet with excerpts from various decisions of our Supreme Court. It has been the "uniform holding" of the Court since the year 1866 that the dedication of streets, alleys, public squares and parks to the public does not pass the fee title. Frankly, I doubt if you were ever consulted about the giving of the inclosed deed, but I feel that, in the future, you should be in a position to advise the City Council and city administratidn that the City of Hutchinson does NOT have fee title to streets, etc. Incidentally there are many other cases that could be cited, all holding the same. Surely the City should realize that it is only a "Trustee ", and that, as stated in Headley v. City of Northfield, 35 NW 2d,606, a dedication of a public square for public use is one for special, qualified and limited purposes as such, and that an attempt by the City to pass an ordinance for a use other than those for which it was dedicated would be "unlawful ". It is interesting to speculate on just what sort of title, if any, Independent School District #2 has to the area in North Park occupied by its school buildings? Squatters rights? Certainly there is no "record" title. Unlawful, certainly, but acquiesced in by the public for hundred years or so. What does that make it? Yours very truly, W. E. Reyerson, ox 595, Hutchinson,Mn. 55350 Anna :field Etzle 'v,alter F. �iondale, Attorney �ieral, and Another. 256 ":inn. ?33,, 123 N.W.2 , ,351 _tins betcher v. C._ca�-c> .. St.P Ri: Co., I I o M,221 ,234, 124 N.W. 1096,1099: "it S f F�', he "T11fOrT .; 1din, . 'F t,iis court t}':.?; the dedication of land, anc r� -art t. st =lute, to t:e p�:blic_"or aiq streets, alleys,/public grounds, doc-s _ fec tit r *_::cret_ :t on1� s__ estate as the purpose of L..;t tr ;S E _ _ ..I t t t fie Iee sui it -t t,:, l-_ public easement remains =:t a.. curl_ date : ur law with respect to the effectH of a statutory dedication was settled. In City of Wimona v. Huff (1866), 11 Minn.75 (119) etc." t:ie dedication o;;rrates to reserve to the owner ai the fee the public square and to grant to the municipality, wherein it is situated, in trust for the benefit of the public at large only such estate or interest therein as the purposes of the crust require ". "It is entirely inaccurate, therefore, the speak of the public square here involved as rkm property belonging to the city of Northfield. Rather, it should be spoken of as the property alcak of the dedicator or his successors in interest, in which the city, as trustee for the benefit of the public and not in its own right as such, has such an interest as is necessary to enjoy the use thereof as a public square ". 1?364. We have held that one purchasing a lot within a plat may rely upon the dedication of streets and alleys shown therein, and possesses the right to use the same. Bryan v. Gustafson, 230 Minn. 1, 40 NW 2d,427. Gilbert v. Emerson, 60 Minn.62, 61 h.W.820. Certainly the same right would extend to the use of areas dedicated for park purposes," Gilbert v.Emerson, 60 Minn. 62, 61 N. W. 820, @ited in Bryand v. Gustafson, 40 N.W. 2d, 427, @ 432 "In the Gilbert Case,_ we said, 60 Minn. 66, 61 N. W. 822, Each purchaser of a lot is entttled to the benefit of the plat as it appears when he purchased it. * **** It is not merely the street or alley upon whixh the purchased lot may abut that the purchaser has the privilege of using or enjoying, but all the easements, rights, privileges and advantages which the plat presents." (1450) 40 N,W. 2d, 427 Bryant v. Gustafson, holding: 5, Vendor and purchaser. ke;' 67 plat is deemed He who purchases a lot with refurtanantoto the lot, all to have thereb` ?Llchesed, as`sppur easements which plat the advanta <cs, ;ri�ileg and as belonging to represents as belonging t: the lot, and this :•nor t':e'r =s a resident of the area on wkis 1;rin-iF�r" is a:':' but to all roads and streets of which purchased lot abuts, Matted area as a whole." advantage or utility- utility- to the r • E -A, .S .. - 1 Go r po ra t l o n to l n d l .l d u i 1. � -- - - -- -- --- _. -- -- --------- . - - - --- - - -- •.� •. o �i :iji.5 4 11)1.erifUrr , �tade 2 7 - of.---------- •-- l ti:-------- ---------------- __, 19- 8_0 -_, } between City of Hutchinson, Municipal alorporation under the laws of the State of __ —_.- __Minnesota — party of the first part, and Lorraine A. Meyer, of the County of- - - - - -- McLeQ�?^ - — -- — - -- and State of - -- 11innesata• - -- ----------------------- part__Y --- - ------ of the second part, A'itnesseth, That the said party of the first part, in consideration of the sum of one - Dol -lar_ and- Q- thez--- _QQd__- and ___Valuahle__..cansiderat-inn - -_ __DOLLARS, to it in hand paid by the said part --- Y______of the second part, the receipt u:hereof is hereby acknouled?ed, does hereby Grant, Bargain, Sell, and Convey unto the said part_y_ ---------- of the second part,__ —her ---- - - - - -- heirs and assigns, Forever, all the tract.____- or parcel____ -_of land lyin? and being in the County of MCLeOC�---f---------------------- - _ and State of _Minnesota, described as follows, to-wit: Beginning at a point at the Southeast Corner of Lot -5, Block 50, Townsite of Hutchinson, North Half, (being the intersection of the West line of,Main Street and the North line of Washington Avenue West);; thence Southerly a distance of 2.55 feet; thence Westerly on a line parallel with the South line of said Lot 5 in said Block 50 a distance of 132 feet to a point 2.55 feet south of the Southwest corner of said Lot 5 in said Block 50; thence Northerly 2.55 feet to the Southwest corner of said Lot 5 in said Block 50; thence Easterly to the point of commencement. E X r s .20 Minnesota Deed Tax hereon of $ 2.20 To Have and to Hold the Same, Together with all the hereditantents and appurtenances thereunto belonging, or in anywise appertaining, to the said part 3t___________of the second part -----her----------- heirs and assigns, Forever. .- nd the said ---- Crit-y___.af:__I-lutehinson___---------------------------------------------------------- •------------- party of the first part, for itself and its successors, does covena7it with the said part_Y- .......... of the second part ------ her -------- heirs and assigns, that it is well seized in fee of the lands and premises afore- said, and has good right to sell and convey the same in manner and [orm aforesaid, and that the same are free from all zncum.brances ______________________ ___________ ____________________ SFr•.t�! +a�..tw�...a9 no exceptions .end the above bargained and granted lands and pre em -is es'47i,t pei deable possession of the said part.. -yt ------- of the second part , ------ her_ ----- - heirs and assigns, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said party of the first part will Warrant and Defend. In Testimony Whereof, The said first party has caused there presents to be executed in its corporate name by its ..... MayQ.r_ ?FWJ` F,A4 and its_City_Adm nistra_t d its corporate seal 1 �-Er✓ to be hereunto affixed the day and year first above written. -r• A. CITY OF HUTCHINSON T_ - -- — - - - - - -- - - -- - - - -___— _ - B Ra�pfi D. Westlund Its.__AaY_Qr___xn rt �- Gar D. - Plot ................. City_ Adm _- inistrator � 447; • Mate of :!Tttttnr ota. McLeod ss. Countyof .......................... ........... .................... On this ----- * -------------------- _Jh ........... day of ...... 19..8 0-.., before me. a .... NqtA��y Public --------- * ------------- ................................................ ---------- __ ----------- zvithin and for said County, personally appeared .................. ;�A�.P_b ... P.t ... j estlund ............................ .............. ......... and--- - - - - -- _-Gary- - ­------------------------- ------------ to me personally known, who, being each by me duly sworn..- . ....... .....•... ... did say that they are respec- tively the ----- M4YPr ------------ Pri'MO-= and the-CitY --- A-dminis.t-rato-r ......... of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by author- ity of its Rautgyq ..... City .. jC.9�4nci_l --------------- Westlund and_._!aTy. D. Plo.tz .... ..... and said ......... ......................................................... ... .. . ..... ........_ acknowledge instrument to be the free act and -------­-------- ............................. deed of said corporation. THIS INSTRUMENT WAS DRAFTED BY McGraw, Jensen, Flynn, P.A. (Name) g Citizens Bank Building__ - ----- - ----------- - ------ - ­ - ---- - -------------- - - Hutchinson, MN 55350 ----------------- - - -- --- - -------- (Address) .Votary Public_- ._- ___ -.__ _Minn. My commission expires----------------------------- _---- - - - - -- - I . 9 _, ........... �00000POPFF ood NEIL J. JENSEN NOTARY PUBLIC - MINNESOTA OD COUNTY UC MCLEMA4"Ica Expitas JXJL 1Z 1"3 - ----------- f Tax Statement for the real property described in this instrument should be sent to: Lorraine A. Meyer 45 Jefferson Street South Hutchinson, MN 55350 ti 6 En Q) >1 Q) .0 :E: V 0 �4 0 #4 I Q P4 E­4 -0 c Li U 0 0 ti 6 En Q) >1 Q) .0 :E: V 0 �4 0 #4 I C 1U LaJ O _j Lj O �•lo CV cn LLJ Cr. M a w LLJ Ld 1­- 0 W 0 tr Z C) L) T'12 i = CT CU U M C) Z 0 M 2 < I Ti­- 00 __ t? . C �; Z L) 0 0 L Q 0 C 0 LL 0 0 eo CD 0 < I U 0 _U 0 co 00 > r > C > C 1U LaJ O _j Lj O �•lo CV cn LLJ Cr. M a w LLJ Ld 1­- 0 W 0 tr Z C) L) T'12 i = CT CU U M C) Z 0 M 2 A ! 0 $ 2223.07 REGULAR COUNCIL MEETING November 25, 1980 WATER $ SEWER FUND essay contest 25.00 *Hutchinson Telephone Co. phone service $ 63.30 *Mn. Housing & Finance Agency temporary loan- elderly high rise 271,300.00 *Hutchinson Partners temp.loan - elderly high rise 16,200.00 Blue Cross -- Shield Dec. medical ins. 268.20 Central Dist. Services gasoline 619.82 Central Dist. Services copy paper 10.40 Electro Watchman Inc. alarm system 1,260.00 Gross Industrial Services uniform rental 103.00 LTP Enterprises Inc. well repair 46.00 Mn. UC Fund unemployment comp.Rob.Riebe 828.00 Mn. Valley Testing Lab. water & sewer testing 346.80 RCM Associates professional fees 738.24 Van Waters $ Rogers chemicals 840.53 Walker Process Corp, repair parts 26.13 Aaron Lietzau % safety shoes 20.00 *State Treasurer PERA 220.89 Dave Streich deposit refund $292,891.31 GENERAL FUND *Hutchinson Telephone Co. phone service $ 2223.07 *Donovan Holtberg essay contest 25.00 *Laura Dubisar essay contest 25.00 *Jacquelyn Geier essay contest 25.00 *Elsie Christensen essay contest 15.00 *John Flaa essay contest 15.00 *Greg Barcenas essay contest 15.00 *Michelle Retzlaff essay contest 10.00 *Denise Schroeder essay contest 10.00 *Pam Potter essay contest 10.00 Wagner Bernina fabric 2.70 DRug Investigation Unit financial assistance for unit _ 200.00 Dasco Inc. supplies 38.40 Sounders Thablen & Associates McDonald Park grant fees 1141.68 Mn.Dept of Transportation 2 bus carrier permits 40.00 Crow River Country Club meeting expenses 11.20 James Schaefer pre -trial hearings 5.70 Charles Mellies hanger rental refund 120.00 Mrs. Clifford Ruschmeyer cakes for birthday party 36.00 Dave Streich deposit refund 20.00 Jim Block football referee 54.00 Burns Manor ins. audit refund 444.00 AV Club intercome system -arena 300.10 Maintenance Engr. supplies 144.77 Cindy Duenow deposit refund 20.00 Judy Thunstrom skating instructor 16.00 Barb Haugen skating instructor 60.00 Superior Products tables $ chairs 351.40 Michael Hogan breathlayzer school 50.00 *State Treasurer PERA 3137.20 Big Bear supplies 41.08 Blue Cross Blue Shield Dec. medical insurance 4531.17 -2- • Central District 6ervices gasoline 4263.79 Central District Service copy paper 301.75 Central Mn. Commn. Inc. radio repairs 49.00 Clark Boardman Co. law books 38.00 Coast to Coast supplies 92.19 Copy Equipment Inc. supplies 272.91 Country Kitchen, prisoner board 16.21 Co. Treasurer dl fees for county 78.00 Dostal $ Oleson Co. solvent 9.25 Duanes Mobile Lock padlocks 89.70 Fire Extinguisher servicing extinguishers 158.75 Gross Inds. Service uniform rental 644.86 Hager Jewelry repair police badge 2.75 Hutch Community Hospital alcohol tests 42.50 Hutch Landscaping stump $ tree removal 867.35 Hutch Leaders ads $ legals 801.16 Hutch Telephone Co. flex o line strips 100.00 Mankato Mobile Radior radio repairs 122.41 Kenneth Merrill mileage 18.80 Mn. UC Fund unemployment comp.Dan St.Pierre 188.77 Motorola Inc. monthly maintenance 218.25 Mun. Finance Officers Assn. govt budgeting book 22.50 Marilyn Swanson coffee 8.18 McGarvey Coffee Inc. coffee 63.90 Quades repairs 479.43 Rutz Plbg $ Htg. repairs 123.00 St. Paul Book $ Stationery office supplies 22.77 Schramm Implement Inc. repair parts 3.14 Sorensen Farm Supply supplies 1.57 Standard Printing letterhead 98.50 Teply Equipment Inc. filter 111.60 Xerox maintenance agreen mt 155.64 Ziemers board meeting 8.19 Wallys Tire tire repairs 29.00 Floor Care Supply tissues & towels 118.80 Pamida Inc. wastebasket- 3.00 Hutch Hospital ins. audit refund 4319.00 School Dist. 423 supervisor & lifeguard services 30&.00 Kjos Our Own F.aidware coffee pot ertc. 106.58 Law Enforcement. Supply Co. police supplies 31.15 MRPA team reg. team reg. fees 119.00 W.Chief of Police 1981 dues ?0.00 Northland Beverages arena supplies 46.25 Schlueter Refrigeratior. electrical services 195.00 United Bldg. Center- supplies 351.22 Kenneth Merrill mileage 19.76 $ 28,290.05 r MUNICIPAL LIQUOR FUND City of Hutchinson,Genl Fund Aug -Sept payroll $11,540.23 Ed Phillips $ Sons liquor & wine 1,146.78 Griggs Cooper & Co. liquor & wine 2,030.64 Old Peoria liquor 1,461.05 Mun. Liquor Store petty cash items 34.46 Twin City Wine Co. wine 1,405.14 Hutchinson Utilities electric & gas 309.97 City of Hutchinson water $ sewer 37.52 Northland Beverage Inc. misc. $ mix 257.80 Ed Phillips & Sons liquor & wine 4,044.42 Johnson Brothers liquor & wine 1,319.91 Old Peoria Co. liquor & wine 3,331.39 Griggs Cooper & CO. liquor & wine 33908.19 Kenneth Merrill inventory control meeting 47.25 Dept. of Revenue Oct. Sales taxes 3,252.91 Ed Phillips $ Sons liquor & wine 23151.45 Old Peoria Co. liquor & wine 1,923.12 Twin City Wine Co. wine 634.08 Griggs Cooper 4 Co. liuqor $ Wine 2,670.10 $41,506.41 OFF STREET PARKING Charles Bell servicing meters $148.50 POM Incorporated cleaning supplies 140.95 BRIDGE FUND Sahr, Kunert & Tambornio legal fees $8614.43 Braun Eng. Testing concrete tests 31.00 Keefe & Schantzen legal fees Glenwood Bridge vs. Krueger 3027.75 JOHN E. KEEFE MILTON D. SCHANTZEN JAMES H. SCHAEFER City of Hutchinson City Hall Hutchinson, I,1N 55350 KEEFE & SCHANTZEN ATTORNEYS AT LAW 246 OFFICE BUILDING - SUITE 1 246 MAIN STREET SOUTH HUTCHINSON, MINNESOTA 55350 November 21, 1980 S T A T E M E N T PHONE 567 -2163 AREA CODE 612 RE: Glenwood Bridge, Inc. vs. R.A. Krueger, Inc. et al Our File No. 78 -H -73 10 -26 -78 Conference with Plotz; conference with Priebe re lawsuit 3 10 -27 -78 Conference with Priebe, review his files and City files. 3 11 -2 -78 Conference with Priebe 24 11 -7 -78 Conference with Priebe 3 11 -8 -78 Dictate Answer and Counterclaim to lawsuit 53� 11 -9 -78 Redraft Answer and Counterclaim; letter to Attorney Nelson 3h 11 -15 -78 Demand letter to U.S. Fidelity & Guaranty Co. for payment of outstanding claims 11 -28 -78 - Review letter from Attorney Morgan; conference with Priebe; Review letter from U.S. Fidelity & Guaranty Co. 1# 12 -12 -78 Review letter from Attorney Morgan; review claim of Prestressed Concrete, Inc.; letter to Attorney Morgan 2'h 12 -29 -78 Review Answer of Attorney Morgan to lawsuit; review claim of Krasen Plumbing & Heating, Co., Quade's, Inc.; Phoenix Steel, United Building Center, Con- struction materials, Rockite Silo and Waverly Steel; letter to attorney Morgan 6 3 -30 -79 Review letter from Attorney Nelson pertaining to taking of Priebe deposition; call Attorney Nelson, Morgan, Ventres; call Priebe. 2;j Page 2 Statement to City of Hutchinson 4 -5 -79 Letter to Atorney Nelson; phone call to Attorney Morgan 4 -24 -79 Deposition of Roger A. Krueger, Kathleen M. Krueger, Marlowe Priebe and James Gerber at Hopkins 5 -8 -79 Phone calls to Priebe (2); phone call to Sahr (1) 5 -13 -79 Travel with Priebe for conference with Sahr at Minneapolis 5 -19 -79 Call Priebe; Call Plotz; Call Westlund; Call Sahr(2) 8 -1 -79 Phone Attorney LaBore; Phone Attorney Morgan; 8 z 4� 1 Conference with Priebe 3 8 -16 -79 Letter to Attorney Nelson 8 -21 -79 Review Amended Answer and Counterclaim by R. A. Krueger Z2 8 -28 -79 Conference with Priebe; phone Attorney Nelson 1 8 -31 -79 Review and sign Substitution of Attorney by Attorney Sahr 1 9 -6 -79 Letter to Sahr 9 -14 -79 Letter to Sahr 9 -27 -79 Pre -trial conference at Glencoe 3 10 -19 -79 Letter to Attorney Sahr 3/4 10 -24 -79 Review Amended Answers and Counterclaim prepared by Roger Sahr 2 10 -30 -79 Letter to Sahr 11 -6 -79 Phone and Letter to Sahr 1 -29 -80 Review letter from Sahr 4 2 -18 -80 Review letter from Sahr re bringing Ricke, Carroll, & Mueller as 3rd party defendants; phone call to Sahr; Phone call to Ralph Westlund 1 6 -25 -80 Phone call to Sahr; review letter from Attorney Nelson 1 8 -1 -80 Phone call to Sahr re trial, office conference with Priebe; review file 4 8 -11 -80 Attend trial in Glencoe 8 Total Hours 774 KEEFE & SCHANTZEN ATTORNEYS AT LAW N E `�HUTCHINSON, MI NNESOTA • • i Page 3 Statement to City of Hutchinson $50.00 per hour x 774 hours $ 3,862.50 COSTS AND DISBURSE14ENTS Travel to Hopkins for deposition 110 miles at $.20 per mile Phone calls KEEFE 6 SCHANTZEN ATTORNEYS AT ur HUTCHINSON. MINNESOTA Total owing Less 22.00 5.75 $ 3,890.25 862.50 BALANCE DUE $ 3,027.75 of M I:H A EL J. DOHEPTY(1682 -!973; W'1"R;v E. P'vM BLE 1 91-19711 FRANCf5 D. BUTLER J. C. F007 IRVING CLARK HAROLD JORDAN THEOPHI`L RUSTERHOL2 FRANK CLAYBOURNE PIERCE BUTLER JOHN L.HANNAFORD PERRY M.WILSON.JR. JEROME HALLORAN JOSEPH M. FINLEY HENRY D.FLASCH EUGENE M.WARLICK JAMES K. WITTENBERG ROBERT L. DAVIDSON JOHN J.MLGIRL,JR. THOMAS E. ROHRICHT BOYD H.RATCHYE BURTON G. ROSS RALPH K. MORRIS BRUCE E.HANSON J. LAWRENCE Mr.INTYRE RICHARD A. WILHOIT JOHN G.HOESCHLER WILLIAM J.COSGRIFF RICHARD B. PETERSON RONALD A. ZAMANSKY DEAN R. EDSTROM C. ROBERT BEATTIE Mr. Gary Plotz City Administrator City Hall Hutchinson, Minnesota 55350 FOR YOUR INFORMATION Re: Change Order for Hutchinson Elderly Housing Project Dear Gary: Mr. Hoeschler has asked me to forward the enclosed six copies of a Change Order for your signature on page three. In addition to your signature, please fill in the address of the City office and the date on which you sign the Change Order. We would appreciate receiving these copies as soon as possible, so that construction may begin soon. Please send them to my attention. Thank you for your help in this matter. JD:cd Enclosures cc: John G. Hoeschler Yours truly, DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION Jacqueline Diehl �y Legal Assistant DOHERTY, RUMBLE & BUTLER DAVID G.MARTIN STEPHEN T. REFSELL PROFESSIONAL ASSOCIATION GEORGE L. AY WILLIAM J. HARGIS 1500 FIRST NATIONAL BANK BUILDING JONATHAN P.SCOLL TIMOTHY R.OUINN SAINT PAUL, MINNESOTA 55101 ALAN I.SILVER ROBERT H. WENNER TELEPHONE 1612) 291 -9333 _ -�`, ELLEN JOHN A. Yi LEK LEK . L BRUCE C.FAUL KEN WRITERS DIRECT DIAL NUMBER �;�' $r JEFFREY B. OBERM AN �'.N CYNTHIA S ROSENBLATT 291 -9318 ( n"i '� ✓ 4 GREGORY A. KVAM - •T" `. I' JAMES R. CRASSWELLER ROBERT S. BRILL MINNEAPOLIS OFFICE �`y :.++�� A"' {'� STEPHEN I.HALPER PENELOPE H. CAIRNS 3750 IDS TOWER '! �- -/ FRANK J. OUTKE L'kJ MINNEAPOLIS, MiNN ESOTA 55402 �! E M ILY F.SEESEL MARC W. LARSON •` 11 P. DYSON TELEPHONE (612) 340 -5555 G`v 21 �. -O V DAVID CARTER G. BISHOP TELEX 290 -635 HENRY W. GJE RS DAL.JR. THOMAS A. CONNOR AMY S.SADOF1 RICHARD H.ZEHRING p November 24, 1(gy700 OF COUNSEL DANIEL W. O'BRIEN WILLIAM B. RANDALL Mr. Gary Plotz City Administrator City Hall Hutchinson, Minnesota 55350 FOR YOUR INFORMATION Re: Change Order for Hutchinson Elderly Housing Project Dear Gary: Mr. Hoeschler has asked me to forward the enclosed six copies of a Change Order for your signature on page three. In addition to your signature, please fill in the address of the City office and the date on which you sign the Change Order. We would appreciate receiving these copies as soon as possible, so that construction may begin soon. Please send them to my attention. Thank you for your help in this matter. JD:cd Enclosures cc: John G. Hoeschler Yours truly, DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION Jacqueline Diehl �y Legal Assistant CHANGE ORDER AIA DOCUMENT G707 Di ,,tribution to: O% NER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: HUTCHINSON ELDERLY HOUSING CHANGE ORDER NUMBER: ONE (1) Page 1 of 3 (name, address) Jefferson St. & First Ave. Hutchinson, HN INITIATION DATE: November 21, 1980 TO (Contractor): (� ARCHITECT'S PROJECT NO: 79118 I CONTRACT FOR: Complete Construction Kraus - Anderson of St. Paul Co. 200 Grand Ave. Ls t - Paul , MN 55102 CONTRACT DATE: You are directed to make the following changes in this Contract: 1. Paving of southeastern alleyway owned by City of Hutchinson. ADD: $ 2,904.00 2. Addition of a range, refrigerator, non - vented hood and backsplash to the craft room. ADD: 810.00 3. Addition of two folding doors including installation. One to split the dining room. ADD: 636.00 One to separate the dining room and the lounge area. ADD: 1,6M .00 4. Addition of a beam and column near office area. Add: 500.00 Credit for drywall deleted. Deduct:(216.00) Net Add ADD: 284.00 5. Addition of glass wall in transit room. Add: 754.00 Credit for drywall wall. Deduct:(196.00) Net Add ADD: 558.00 6. Addition of Coax cable for radio antenna including outlet. ADD: 300.00 7. Addition of awnings over the patio area. (If 50% is to be contributed by the developer, the add would be $760.00) ADD: 1,520.00 8. Kitchen design fee for architect. ADD: 3,500.00 (continued on next page) Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $ Net change by previously authorized Change Orders .... ............................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order .......................... ............................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ... $ The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: ARCHITECT Address BY DATE CONTRACTOR Address BY DATE OWNER Address BY DATE ( ) Days. \ AIA DOCUMENT G701 CH,AN DER APRIL 1978 EDITION AIA- 1978 THE AMERICAN INSTITUTE OF ARCHWS, 1 -35 NEW YORK AVE., NA\ _ WASHINGTON.•D0006 6701 — 1978 CHANGE • Distribution to: You are directed to make the following changes in this Contract: ORDER OWNER ❑ additional cost of going from a 200 amp service to a 400 amp ARCHITECT ❑ AIA DOCUMENT G701 CONTRACTOR ❑ 10. Oversized hot water and water softening. Both oversize to FIELD ❑ ADD: 3,200.00 OTHER ❑ PROJECT: HUTCHINSON ELDERLY HOUSING (name, address) Jefferson St. & First Ave. Hutchinson, Minnesota TO (Contractor) : Kraus - Anderson of St. Paul Co. 200 Grand Ave. St Paul PIN 55102 • CHANGE ORDER NUMBER: ONE (1) Page 2 INITIATION DATE: November 21, 1980 ARCHITECT'S PROJECT NO: 79118 CONTRACT FOR: Complete Construction L CONTRACT DATE: You are directed to make the following changes in this Contract: 9. Oversized electrical for the kitchen area. This would be the additional cost of going from a 200 amp service to a 400 amp service to allow for space in the electrical panel for the kitchen area. ADD: $ 2,500.00 10. Oversized hot water and water softening. Both oversize to allow for capacity of new kitchen area. ADD: 3,200.00 11. Supervision fee a minimum of $10,000.00 plus 10% of all kitchen related costs to the City of Hutchinson community center in excess of $100,000.00. This is the cost of coordinating work by Kraus - Anderson and Pope Associates, Inc., with other subcontractors not under contract with Kraus - Anderson for the finishing of the kitchen area. ADD: 10,000.00 12. The kitchen pluming rough -in, shown on Sheet M3; the dishwasher exhaust, make -up air unit and any ductwork into the kitchen area, shown on Sheet M5;-and kitchen exhaust and exhaust stack, shown on Sheet M5. ADD: 19,488.00 13. All electrical shown in kitchen area as shown on Sheet E3. ADD: 5,500.00 (continued on next page) Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was ........................... $ Net change by previously authorized Change Orders .... ............................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was .......... $ The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order .......................... ............................... $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be ... $ The Contract Time will be (increased) (decreased) (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: ARCHITECT CONTRACTOR OWNER Address Address Address BY BY BY DATE DATE DATE AIA DOCUMENT G701 - CHANGE ORDER - APRIL 1978 EDITION - AIA9 - C 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NAN'_ WASHINGTON, D.C. 20006 6701 —1978 CHANGE ORDER AIA DOCUMENT G701 Distribution to: OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER 1­71 PROJECT: HUTCHINSON ELDERLY HOUSING (name, address) Jefferson St. & First Ave. Hutchinson, Minnesota TO (Contractor) : F Kraus - Anderson of St. Paul Co. 200 Grand Ave. St. Paul, MH 55102 L CHANGE ORDER NUMBER: ONE (1) Paae 3 INITIATION DATE: November 21, 1930 ARCHITECT'S PROJECT NO: 79118 CONTRACT FOR: Complete Construction J CONTRACT DATE: You are directed to make the following changes in this Contract: 14. Stainless steel roll -up door in the kitchen. ADD: $ 1,876.00 TOTAL ADD $54,782- -00 TOTAL ADD THIS CHANGE ORDER: FIFTY FOUR THOUSAND SEVEN HUNDRED EIGHTY TWO AND NO /100 DOLLARS ($54,732.00). Authorized by: City of Hutchinson Address BY: DATE: Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original ( (XdlrX)WX"X (Guaranteed Maximum Cost) was ......... . ................. $ 2 ,220 ,000.00 Net change by previously authorized Change Orders .... ............................... $ 0 The ( "►XtX AUH (Guaranteed Maximum Cost) prior to this Change Order was .......... $ 2,220,000-00 The OtSX r )� (Guaranteed Maximum Cost) will be (increased) by this Change Order .......................... ............................... $ 54,782.00 The new KkxiXrXX0S W (Guaranteed Maximum Cost) including this Change Order will be ... $ 2,274,782-00 The Contract Time will be (kX" XaM"XX (unchanged) by ( ) Days. f h d f h' Ch Ord th r fore is The Date of Substantial Completion as o t e ate o t Is a.E, er e e Authorized: POPE ASSOCIATES INC. KRAUS- ANDERSON OF ST. PAUL COMUTCHINSON PARTNERS A 3 f €T . Clair Ave. C�UR�rTO Ave. OWNER IN GENERAL 61';66 France P Ave- Address Address Address St. Pa )4MN 2 St. Paul ,�MN 55102 Edina, PIN 554.3/5 4 BY BY i /` c.c BY DATE ��//3 O DATE ! //ti/ /S — DATE AIA DOCUMENT G701 - CHANG DER - APRIL 1978 EDITION - AIAE 978 THE AMERICAN INSTITUTE OF ARCHIIWS, 1735 NEW YORK AVE., N.w., WASHINGTON. -D.006 6701 — 1978 114 yo.. r DEAR LOCAL OFFICIAL: �SL fr FOR YOUR INFORMATION THE SUPEAU OF T64E CENSUS THANKS YOU FOR YOUR COOPERATION "ITH THE 1OF0 DECE%'t -I4L CENSUS, THE FIELD OPERATIONS FOR YOUR JUPISOICTION 44VE GLEN CC"'PLETED. THE PRELIMINARY POPULATION COUNT IS Q20n A%D THE PRELT?'PARY HOUSING COUNT IS 3659. THESE ARE PRELIMINARY RESULTS NHICH ^ILL BE REPLACED LATER BY FINAL COUNTS, THE FINAL COUNTS TO BE SHOWN IN THE PRINTED REPORTS WILL HAVE UNDERGONE FURTHER PROCESSING AND REVIEW AND MAY DIFFER FROM THESE PRELIMINARY NUMBERS, SINCERELY, VINCENT P. RARABBA DIRECTOR BUREAU OF THE CENSUS 02:05 EST MGMCOmP MGM S SIDc FG; %'- . ,.:!G . - T_.._ - =e= : ._ c�i 20, 190 yr th ; �;ah Drive Hutchinson, Minnesota 55350 Pr,,o,.e (612) 879 -6071 FOR YOUR 1 1N, FOR I ATION T .e oQi G of Direct-ors of D._n s ' :aror voted today to increase the daily rate, jANT ARY 19 1981, from 102.50 to X38.75. The rate of inflation has of ected ood costs, utility -rates, and fuel. Social Security Tax increases and general increase in all products has necessitated the increase in daily rates. The BOARD Or DIPECTORS is pleased that the daily rate at Barns Manor is one of the lowest in the area. A private room will remain at x1.00 extra per day. MAV1S J. GyIER, AD: MT- STRATOR r • (F-2') 87- % 1 CITY OF HUTC INSON 37 VVASHING1OrV AV`7NUE 0.'ESf November 24, 1980 FnP MIT IRIPOPARATInrq Mr. Rufus Alexander, Manager Hutchinson Utilities 225 Michigan Street Hutchinson, Minnesota 55350 Dear Alex: The Hutchinson City Council has requested me to contact you regarding the in- stallation of street lights on School Road on the south bridge approach. There is a safety concern, especially in the winter months, of north bound traf- fic on School Road between Lewis Avenue and the bridge. The Council has approved the installation of these lights and requests them to be installed as soon as pos- sible. Sincerely, CITY OF HUTCHINSON Gary D. lotz City Administrator GDP: ms cc: Mayor and City Council BUSINESS OFFICE MANAGER'S OFFICE Phone 587 -2323 Phone 587 -2409 HUTCHINSON TELEPHONE COMPANY 30 Second Avenue Southwest • Hutchinson, Minnesota 55350 rR u,--" 131� � 151F,�j'� o N_ CAr -RTD v November 13, 1980 " 3Y__ s�,c�6� 8Z LZ92� FOR YOUR INFORMATION Mr. Gary Plotz City of Hutchinson City Hall Washington Avenue West Hutchinson, Minnesota 55350 Dear Gary, Just a short note to express my appreciation for your work and consideration of approval of the Industrial Revenue Bonds for the Hutchinson Telephone Company. There is no question is my mind that because of these Bonds, the citizens of Hutchinson and the surrounding area will have some of the finest and most reasonably priced telephone service in the State of Minnesota. Thank you again. WSC /s Sincerely yours, Walter S. Clay Treasurer Honorable Hutchinson Council: Gentlemen: 4831 Ridge Road Y,-, i-a , Yn, 55343 Lvov 3, 1 80 FOR YOUR INFORMAT0 I am writing in behalf of the Minnesota Building Lovers Association concerning the proposed T. V. Cable franchise that has been under consideration by the cities at the present. time. Our industry is constantly being frustrated by the addition of signals, overhead crosswalks, bridges, overhead signing and freeways obstructing the few routes we !nave left to Pet about in the cities. For many years we have looked forward, with great anticipation, to the day w-en all utility wires would be placed undergrc,unc. These wires have been an eye sore from an e W etic point of view, as well as an enormous obstruction in the movement of large loads about in ttie cities. I ile understand the T.V. franc?"ise people are now planning to put their wires overhead on poles already loaded with power and telephone cables, adding additional difficulty and expense to all truckers hauling large or bulky loads under these wires. A lot of construction is built in factories now and hauled in large sections by truck to sites. Houses and commercial buildings are being saved and relocated. What the people in the trucking industry feel is necessary is 24 feet of h_eiPht clearance over the streets and highways to make this trucking practical. The power and telephone companies have Pone througl-- an enormous amount of planning and e.-pense to go underground and we feel putting T.V. cables above ground is purely short term and profit motivated for installers, but a step in the wrong direction for the city. Please do keep us informed as the matter progresses and tY ank you for any consideration you may be able to give us when considering this type of installation in your area. KRE /aaw Yours very truly, "?net', R. Ernst' - "resident MINNESOTA BUILDING MOVERS ASSOCIATION �1�9101112�� 8 h V Vol/ co ftL-, 1980