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cp11-12-1996 cift November SUNDAY MONDAY TUESDAY 1996 -10- -11- -12- HEALTH FAIR HUTCHINSON 11 A.M. to 2 P.M. CITY VETERANS DAY Recreation Center CALENDAR 1:00 - 3:00 p.m. - Joint Planning All City offices closed Staff Meeting WEEK OF 4:00 p.m. - City Council Budget Workshop in Main Conf. Rm. November 10 to November 16 5:30 p.m. -City Council Meeting in Council Chambers WEDNESDAY THURSDAY FRIDAY 17 SATURDAY -13- -14- -15- -16- CONFERENCE/MEETING/ 10:00 a.m. - Directors Meeting in 9:30 a.m. - Sr. Advisory Board SEMINAR/VACATION Staff Conference Room Meeting at Senior Center 11/13 -Mark Hensen (S) 2:00 p.m. - Open Bids for Purchase/ Removal/Relocation of 5:15 p.m. - Parks /Rec. /Comm. Ed. Structure at 126 Hassan St. SE Advisory Board at City at City Center Center C = Conference 2:00 p.m. - Open Bids for M = Meeting Demolition of Wright Property S = Seminar at 36 First Ave. NW at City V = Vacation Center • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 12, 1996 CALL TO ORDER - 5:30 P.M. 2. INVOCATION - Rev. Brian Brosz, Congregational UCC Church PRESENTATION OF RECOGNITION PLAQUE: ♦ ROGER GILMER MINUTES OF REGULAR MEETING OF OCTOBER 22, 1996 Action - Approve as presented - Approve as amended 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1996 2. TREE BOARD MINUTES OF SEPTEMBER 24, 1996 • 3. LIBRARY BOARD MINUTES OF OCTOBER 28, 1996 4. POLICE CIVIL SERVICE COMMISSION MINUTES OF OCTOBER 21, 1996 5. AIRPORT COMMISSION MINUTES OF OCTOBER 27, 1996 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 96 -182 - AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, CHAPTER 11, SECTION 8.11, C -3 CENTRAL COMMERCIAL DISTRICT, REGARDING NEW/USED AUTOMOBILE SALES (SECOND READING AND ADOPT) 2. ORDINANCE NO. 96 -183 - AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTION 10, REGARDING SIGNS PERMITTED IN MAIN STREET AREA DISTRICT (SECOND READING AND ADOPT) 3. RESOLUTION NO. 10774 - RESOLUTION CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MCLEOD 4. RESOLUTION NO. 10775 - AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM MARQUETTE BANK N.A., HUTCHINSON, MINNESOTA 5. RESOLUTION NO. 10776 - RESOLUTION SETTING INTEREST RATE • FOR 1996 ADOPTED ASSESSMENT ROLLS CITY COUNCIL AGENDA - NOVEMBER 12, 1996 (c) TEMPORARY SUNDAY ON -SALE LIQUOR LICENSE FOR ELKS CLUB ON JANUARY 26, 1997 Action - Motion to approve consent agenda 9111194RIN] a CQUI : JRI 11 (a) ASSESSMENT ROLL NO. 5005, LETTING NO. 3, PROJECT NO. 96 -04 Action - Motion to close hearing - Motion to reject - Motion to approve and adopt Resolution No. 10777 •uull►I IWA 1• Oki • •' • NONE (a) CONSIDERATION OF MCLEOD COUNTY SOLID WASTE FUNDING • AGREEMENT Action - Motion to reject - Motion to approve and enter into agreement (b) CONSIDERATION OF INVESTIGATOR STEVE MOGARD ATTENDING FBI NATIONAL ACADEMY FROM JANUARY 12 THROUGH MARCH 28, 1997 Action - Motion to reject - Motion to approve (c) CONSIDERATION OF A SPECIAL CITY COUNCIL WORKSHOP ON NOVEMBER 19, 1996 AT 4:30 P.M. TO REVIEW WATER RATES Action - Motion to reject - Motion to approve (d) CONSIDERATION OF RESCHEDULING DECEMBER 24, 1996 CITY COUNCIL MEETING TO DECEMBER 23, 1996 Action - Motion to reject - Motion to approve (e) CONSIDERATION OF AWARDING BID FOR 1997 POLICE SQUAD CAR Action - Motion to reject - Motion to approve 0 OA • CITY COUNCIL AGENDA - NOVEMBER 12, 1996 (f) CONSIDERATION OF REQUEST FROM SOLITRA USA, INC. REGARDING DEFERRED LOAN REPAYMENT AGREEMENTS FOR LOTS 8 AND 9 Action - Motion to reject - Motion to approve and enter into agreements (g) CONSIDERATION OF APPROVING ENGINEERING SERVICES AGREEMENT FOR AIRPORT PHASE 2 IMPROVEMENTS WITH TKDA Action - Motion to reject - Motion to approve and enter into agreement (h) CONSIDERATION OF RECONSTRUCTION OF CATCH BASIN, CHANGE ORDER NO.3 ON LETTING NO. 2, PROJECT NO. 96-02 ( SOLITRA USA, INC.) Action - Motion to reject - Motion to approve and adopt Resolutions No. 10778, No. 10779 & No. 10780 10. MISCELLANEOUS (a) COMMUNICATIONS • (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds • 193 • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 22, 1996 The meeting was called to order by Mayor Torgerson at 5:30 p.m. Present: Mayor Marlin Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also present: City Administrator Gary D. Plotz, Planning Coordinator Brenda Ewing, and City Attorney G. Barry Anderson. 2. The invocation was given by the Reverend Charles Carlson. PRESENTATION OF RECOGNITION PLAQUES: ♦ LEE COX ♦ ROGER GILMER ♦ ROBERT HANTGE ♦ BRUCE ROSENOW Since none of the recipients could attend the meeting, Director Dolf Moon accepted the plaques on behalf of Lee Cox, Robert Hantge, and Bruce Rosenow, who are outgoing members of the Parks, Recreation, and Community Education Advisory Council. u 1►I 1 . The minutes of the regular meeting of October 8, 1996 and bid opening of October 7, • 1996 were approved as presented. 4. CONSENT AGENDA (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS FINANCIAL/INVESTMENT REPORT - SEPTEMBER 1996 2. PLANNING COMMISSION MINUTES OF SEPTEMBER 17.1996 LIBRARY BOARD MINUTES OF SEPTEMBER 30, 1996 4. AIRPORT COMMISSION MINUTES OF SEPTEMBER 30, 1996 PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF SEPTEMBER 5, 1996 (b) RESOLUTIONS AND ORDINANCES ORDINANCE NO. 96 -180 - AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING CITY CODE SECTION 9.12 ENTITLED "VEHICLE REPAIR ON STREET' TO INCLUDE "AND /OR PUBLIC PARKING LOT" AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) • 2. ORDINANCE NO. 96 -181 - AN ORDINANCE OF THE CITY OF HUTCHINSON GRANTING A FRANCHISE TO IMPRESSIONS INCORPORATED AND ADOPTING BY REFERENCE CITY CODE N CITY COUNCIL MINUTES - OCTOBER 22, 1996 • CHAPTER 1, AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND READING AND ADOPT) 3. RESOLUTION NO. 10765 - RESOLUTION REAFFIRMING CITY REPRESENTATIVES ON HUTCHINSON AREA 'TRANSPORTATION SERVICES (H.A.T.S.) JOINT POWERS BOARD 4. RESOLUTION NO. 10770 - TRANSFERRING FUNDS FROM 1980 TAX INCREMENT DEBT SERVICE FUND TO ECONOMIC DEVELOPMENT LOAN FUND (c) GAMBLING LICENSE - CROW RIVER SNO PROS (d) CHRISTMAS TREE PERMIT FOR HACKER'S CHRISTMAS TREES (e) DELINQUENT WATER AND SEWER ACCOUNTS (f) USE OF LIBRARY SQUARE PARK ON NOVEMBER 29, 1996 FOR MAIN STREET'S ANNUAL HOLIDAY LIGHTING CEREMONY (g) REZONE PROPERTY KNOWN AS CENTURY COURT ADDITION FROM R -3 TO PDD AS REQUESTED BY BRIAN SOLSRUD, AUGUSTA BUILDING CORPORATION, WITH UNFAVORABLE RECOMMENDATION OF • PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (h) CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON TO CONSTRUCT MINI STORAGE LOCATED IN CASA ADDITION SOUTH OF TEXAS AVENUE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10766) G) VARIANCE REQUESTED BY KEVIN OTTO TO REDUCE LOT WIDTH REQUIREMENT 25 FEET FROM 105 FEET TO 80 FEET FOR CONSTRUCTION OF TWIN HOME 60 FEET IN WIDTH LOCATED AT 909 HILLCREST ROAD NE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (j) CONDITIONAL USE PERMIT REQUESTED BY JOEL GROEBNER TO MOVE 30'X 26 HOME ONTO PROPERTY LOCATED AT 504 CALIFORNIA STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10767) (k) VARIANCE REQUESTED BY SOLITRA INC. TO REDUCE PARKING LOT AND CIRCULAR DRIVE FROM REQUIRED 20' TO 10' WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10768) (1) AMENDMENT TO HUTCHINSON ZONING ORDINANCE, CHAPTER 11, SECTION 8.11, C -3 DISTRICT, NEW/USED AUTOMOBILE SALES, WITH • • CITY COUNCIL MINUTES - OCTOBER 22, 1996 FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCENO.96 -182 AND SET SECOND READING FOR NOVEMBER 12, 1996) (m) CONDITIONAL USE PERMIT REQUESTED BY ROGER KLEMAN, SPORT CARS INC., TO OPERATE CLASSIC AUTOMOBILE SALES BUSINESS LOCATED AT 5 JEFFERSON STREET SE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10769) (n) AMENDMENT TO HUTCHINSON ZONING ORDINANCE SECTION 10, SIGNS IN MAIN STREET AREA DISTRICT, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH STAFF RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 96 -183 AND SET SECOND READING FOR NOVEMBER 12, 1996) Council Member Erickson moved to approve the consent agenda except for 4 -(c) and 4 -(i), seconded by Council Member Mlinar and unanimously carried. 4 -(e) -- Following discussion, Council Member Erickson moved to approve the gambling license for Crow River Sno Pros contingent upon approval by the Police • Chief. Motion seconded by Council Member Peterson and unanimously carried. 4 -(i)- -Kevin Otto presented a proposed plan for a twin home to be located at 909 Hillcrest Road NE. He claimed that the low lying lot and a nearby wetlands made construction of a conventional single - family home with a basement impossible. And, therefore, he needed the lot width variance. Following discussion, Council Member Craig moved to uphold the Planning Commission's recommendation to reject the variance. Motion seconded by Council Member Mlinar and carried three to two, with Council Members Craig, Mlinar and Torgerson voting aye and Council Members Peterson and Erickson voting nay. ' . (a) CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 11 FOR DAIRY QUEEN AND JOHNSON PROPERTY Mayor Torgerson called the hearing to order at 6:15 p.m. and read the notice of hearing. City Administrator Plotz provided background information regarding the creation of Tax Increment Financing District No. 11. Then representatives of Ehlers & Associates, Inc. presented a financial report on the uses of funds and the collection of debt. Mr. Mike Ribich expressed his concerns about TIF funding for the Dairy Queen project. is CITY COUNCIL MINUTES - OCTOBER 22, 1996 • Following discussion, Council Member Erickson moved to close the hearing at 6:08 p.m., seconded by Council Member Peterson and unanimously carried. Council Member Mlinar moved to approve the TIT District No. 11 and to waive reading and adopt Resolution No. 10773. Motion seconded by Council Member Erickson and carried with Council Member Peterson abstaining from voting. NONE MINSIONWITOWINk, (a) CONSIDERATION OF ENTERING INTO PARKING LOT LEASE AMENDMENT WITH ARTHUR BENJAMIN, JR. Following discussion, the motion to approve and enter into agreement was made by Council Member Mlinar, seconded by Council Member Craig, and unanimously • carried. (b) CONSIDERATION OF PURCHASE AGREEMENT FOR TWO -WAY COMMUNICATIONS BUILDING Following discussion, the motion to approve the purchase of the Two -Way Communications building for the price of $80,000.00 and to enter into agreement was made by Council Member Erickson, seconded by Council Member Mlinar and carried, with Council Member Peterson abstaining from voting. (c) CONSIDERATION OF DEVELOPMENT AGREEMENT BETWEEN GARY COX AND CITY OF HUTCHINSON FOR PARKING LOT LOCATED IN TAX INCREMENT DISTRICT NO. 11 Following discussion of the terms of the agreement, Council Member Erickson moved to approve and enter into agreement with Gary D. And Mary L. Cox. Motion seconded by Council Member Craig and carried, with Council Member Peterson abstaining from voting. (d) DISCUSSION OF PROPOSED REVISIONS IN MINNESOTA REGIONAL DEVELOPMENT ORGANIZATION Council Member Mlinar commented on the proposed changes regarding the Regional Development Act of 1969. No action was required. (e) CONSIDERATION OF ROOF REPAIR AT BURNS MANOR NURSING HOME • 4 • CITY COUNCIL MINUTES - OCTOBER 22, 1996 Following discussion, Council Member Erickson moved to approve the roof repair and to award the bid to the lowest bidder, Laraway Roofing, in the amount of $62,450 (or $61,450 after deducts A -C) plus the unit prices for wet insulation and repairs. Motion seconded by Council Member Peterson and unanimously carried. (f) CONSIDERATION OF PURCHASE OF PYXIS PHARMACY MEDICATION SYSTEM FOR HOSPITAL'S EMERGENCY ROOM Following discussion, Council Member Mlinar moved to approve the purchase of the Pyxis automated medication dispensing station from Pharmacy Services in the amount of $45,067.50, seconded by Council Member Peterson and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz requested approval of Resolution No. 10771 ordering preparation of Assessment Roll No. 5005 for Letting No. 3, Project No. 96 -04. Council Member Peterson moved to waive reading and adopt Resolution No. 10771, • seconded by Council Member Erickson and unanimously carried. Administrator Plotz requested approval of Resolution No. 10772 for a hearing on Assessment Roll No. 5005, Letting No. 3, Project No. 96 -04, to be held November 12, 1996 at 6:00 p.m. It was noted that no signed waiver was received from the property owner. Council Member Mlinar moved to waive reading and adopt Resolution No. 10772, seconded by Council Member Peterson and unanimously carried. (b) COMMUNICATIONS FROM MAYOR Mayor Torgerson stated that the Chamber of Commerce was close to achieving its goal of $34,000 to restore the Library Square band shell. He commended Vi Mayer and the committee for their efforts in generating revenue toward this project. u ;• ; • : • r: 40919 (a) VERIFIED CLAIMS The motion to approve the claims and to authorize payment from appropriate funds was made by Council Member Peterson, seconded by Council Member Mlinar and unanimously carried. I`� \ laL•Ii17�1��1 There being no further business, the meeting adjourned at 7:11 p.m. • CITY OF HUTCHINSON BUILDING / PLANNING / ZONING DEPARTMENT 111 HASSAN STREET S.E., HUTCHINSON, MN 55350 PHONE: 612. 234.4216 FAX 612. 234 -4240 • 0 Total Pemints 53 Total Valuation $996,712 � f1 (1) 1 v1 Id IC IIMIILII 1 - NEW RESIDENTIAL -- ATELY OWNED PUBLICLY HOUSEKEEPING Gam NwTtw of I Vaaarllonof Numtwol vakadond BUILDINGS No. DA*Qa FHMAN7 &&WW N� OmIcaro • o SbgI• Willy houses, daaehed Esebbnesapdued 101 3kpa -arNry hm". gtadwd sesraadayvaarwresresa. .N r 102 fom.wesua. saow.r hswpryreer a 1 01ymw•+ Tw famly bWldWW 109 Thrw rd bur -a 104 FM-or— 106 NsnWabrad m motile, modulso 106 NEW RESIDENTIAL PRIVA Y OWNED PUBLICLY OWNED NONHOUSEKEEPING tam Nunberd VWUOMof Nunibeld Vaaotland BUILDINGS Na Rmres mMmWon P Mmms carshudlon am uru. cans 0" • c Ho". mot•a, and bunt dbku (Wamde 219 Ofw nodrmndresp• g dm tr 214 NEW _ PRJ VATELY OWNED PUBLICLY OWNED NONRESIDENTIAL n•m Nurkw Vaaallerrd Numb•rd Vahaticnof BUILDINGS Nm of mrbudbn a6*.ge coMblldbn Bridrp• arA dot• Omaomb • e Arranerrura. •ocW. rd r sadonW 311 Churches and ofw relomn 319 wdntdw 32D Parklry garages (bLd*gg A open d•dwd 32t Service sadma and npalr garages 922 Hoq as and bufaAOrW 122 Olkes, bank, and p W*mk l 924 PutAo workeandudldes 926 Sdwd• rd ofur admalonal 921 Sbres and mmio rnlesNlCes 327 O6wn egwwWdld'rs 921 2 1,913 &m *o otm fun bt" 321 ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, Ram Number Vaaadwcl Nunbwd Vakntlmd AND CONVERSIONS No. d mnnmdbn ao&rpa oombuctbn BWldtga am oerua am dots (a) (b) (c) (d) w RuldwdW - cm=AyacHawr 4314 ow" A'Id Capra in ran 438 11 134,57 Nmresdr" and nmhasek"Ong 437 11 2113A? A60ims d roWdwdW garages and carports u1 (attsdud and d•adnd) 40 NS PRI VATELY OWNED PUBLICLY OWNED AND RAZING own Number Numbesd Number of Nuraerd OF BUILDINGS No. of &A*w Howirrp Wft ButlArrga HmmkV udts • C Sino*Umly houses (aradod WA dm awed) f16 Two-IrrAy butk mp so Ttww and fu -WrAy b Aid p fp Ftvwrt amaj aA&Vs on M other buldlnp• and whKtx•a so RRR -6, RRS-7, RWR -3. SIGN -2. DEW-3. FE16CE -2 Total Pemints 53 Total Valuation $996,712 � f1 (1) Oct -25 -96 11:15A HUTCHINSON PARKS /FORESTRY 1 -320- 234 -4456 P.01 is MINUTES HUTCHINSON TREE BOARD SEPTEMBER 14, 1996 MARQUETTEE BANK Members present, Dave larson, Laura Poser, Ray Wurscher, Brain Brosz. Jav Beytien, Mark Schnobrich Members absent Joe Nuebauer The tree board received a letter from Peggy Sand, DNR State Urban Forestry Coordinator, thanking the tree board for hosting the V. S Forest Service review team in Hutcheson this summer Peggy also commented on the review teams tour through Miller Woods and strongly encouraged the City to develop an ongoing management program to protect and enhance the oak savannah resource The board discussed the Miller Woods park status and agreed that a comprehensive management plan would be in order. A discussion of what to do next concluded with Dave Larson sugbesting that Brian Brosz, the park board representative on the tree board, present the tree boards views to the Park board and report back to the Tree board Further discussion revolved around setting up a consortium for a Miller Woods planning committee. Potential members would include property owners adjacent to Miller Woods, a park board member, a tree board member, a citizen member at large and the City forester The basic • objective of the consortium would be to put together, with the help of ecologists, botanists and DNR foresters a management plan that would enhance the uniqueness of the site. 1996 &herev Tree Piannny Program The board agreed to again report as a group to the Hutchinson Unliry commission in October on the state of the 19% Energy / MN ReLeiaf Tree planting project and again propose to request funding for the 1997 Energy Program Mark will get the tree board on the utility commissions monthly agenda for October. The project for Hwy 22 south and Hwy. 15 Soulh is a $10,000 project scheduled for spring of 1997. Mark is still awartmg a revision of his planting proposal from the MnDOT landscape architect More on the project when he gets update ftom Mn Dot. The board will continue with the updating at the next meeting Meeting was adjourned at 6:10 p.m Respectfully Submitted, Mark Schnobrich_ • # - 'i , ( 2) • Hutchinson Public Library Board Meeting Monday, October 28, 1996 Members Present: Lois Carlson, Joyce Beytien; Mary Henke, Connie Lambert (PLS) Members Absent: Sue Munz, Paul Wright, Joe Schulte, Richard Peterson, Larry Ladd, (PLS) Since there were only four of us in attendance we reviewed the items on the agenda and listened and asked questions concerning the Oct. 17 PLS open meeting about the proposed automation project that Mary, Connie and County Commissioner Sheldon Nies attended. sue Munz also attended the meeting. Old Business: The Internet installation , through Telecommunication grant money, will hopefully be in January, 97. Mary and Connie are preparing a program with the Chamber Director on Channel 10 for November 25, 1996 Children's Book Week, Nov. 18 -26 • Some promotional work has begun to encourage children to visit the library during this week and to sign up for a book. We will use the newspaper and flyers to the children in grades K -5 to also encourage parents to read with their children. Mary, Joyce and Norita are working on this project. The next Library Board Meeting will be on Monday, November 25, 4:30 P.M. , the same day as the Channel 10 interview. Joyce Beytien, Secretary r1 LJ • HUTCHINSON POLICE COMMISSION MINUTES The Hutchinson Police Commission held a meeting on October 21, 1996, at the Hutchinson Police Department. Present at the meeting were John Decker, Cheryl Dooley, Rick Nass, Chief Steve Madson and Lt. John Gregor. The meeting was called to order of 7:30 a.m. Chief Madison stated that the first item for the Commission's consideration was the test results of the patrol officer test. John Gregor stated that on October 12, 1996 a patrol officer test was administered to 84 applicants. He stated that the company used for the test was from Wollack & Associates based out in Washington. The three parts to the test were the Alert which is for reading and comprehension, the PAF which is a mini - physiological and the Field Contact which rates the aggressiveness of the applicant. He then presented a list which included the applicants which had scored at least 80% on the Alert, 70% on the PAF with no less than 12 correct answers in each PAF category. The list was then ranked by total score. Cheryl Dooley asked if this list would replace an existing list. Lt. Gregor stated that the remaining five individuals on the current list had been contacted and each stated that they had accepted employment elsewhere. Chief Madson stated that the scores on the Alert and PAF sections were 15 - 20% higher than previous test scores but from a smaller pool of applicants. He also stated that the next • step would be the oral interview process. A motion was made by Cheryl Dooley, seconded by Rick Nass, to accept the list presented and interview the top 20 candidates. Motion carried. Chief Madison then informed the Commission that in August a communication specialist has been hired, Diane Rathbun. He stated that she had to leave her employment with the department due to other personal responsibilities after approximately two weeks. He stated that she was progressing through the training process but the circumstances for her leaving were beyond her control. He requested that the Commission place Rathbun's name back on the eligibility roster for consideration at a later date A motion was made by Rick Nass, seconded by Cheryl Dooley to reinstate Diane Rathbun's name on the eligibility roster. Motion carried With there being no further business to discuss, a motion was made by Cheryl Dooley, seconded by Rick Nass, to adjourn. Motion carried. Time of adjournment was 7:45 a.m. Cheryl Do6ley is ,�/ -A, (Z � ) MINUTES AIRPORT COMMISSION October 27, 1996 Members in attendance: Dave Skaar, Joe Dooley, Al Koenig, Mayor Marlin Torgerson Members absent: Dennis Kahl, Tim Miller, Secretary Doug Meier Guests: Tom Parker, Jerry Peterson -TKDA Minutes of last meeting read and approved. Discussion of TKDA engineering contract in the amount of $160,000.00 with revisions dealing with pre- engineered buildings: Hangar Maintenance Equipment Building Terminal and FBO Maintenance Hangar Motion by Dave Skaar, seconded by Joe Dooley, to recommend City Council approval of engineering contract with TKDA. Passed 3 -0 • Further discussion with Jerry Peterson regarding revised drawings as presented. Next Airport Commission meeting - November 25, 1996 - 7:30 at Airport Lobby. Meeting adjourned. Submitted by Dave Skaar, Chairman n U • ORDINANCE NO. 96 -182 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, CHAPTER 11, SECTION 8.11 , C -3 CENTRAL COMMERCIAL DISTRICT, REGARDING NEW/USED AUTOMOBILE SALES THE CITY COUNCIL OF THE CITY OF HUTCH NSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464. SECTION 2. That Section 8.11, C -3 Central Commercial District, is amended as follows: CONDITIONAL PERMITTED USES .. =RW M .� SECTION 3. This ordinance shall take effect from and after its passage and publication. • Adopted by the City Council this 12th day of November, 1996 Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator 0 # -fi.(s) 0 ORDINANCE NO. 96 -183 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTION 10, REGARDING SIGNS PERMITTED IN MAIN STREET AREA DISTRICT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning Ordinance No. 464. SECTION 2. That Section 10, Special Provisions, is amended as follows: (5) Signs Permitted in th G 3 Gent Gemmere' - ' Main Street Area District: Signage in the Main Street area, which is defined as the area located between the east side of Franklin Avenue from the Crow River to Fourth Avenue Southwest and the westside of Hassan Street from the Crow River to Fourth Avenue Southeast, shall be subject to the following additional requirements. Signage shall be designed to enhance and complement the character of buildings within the district. All new signs, the replacement, alteration, painting and so forth of an existing sign, requires a � application and may require review by the downtown design review committee if the sign does not specifically meet these requirements. a) Size and Placement: Within the G 3 et , Main Street Area name and business signs are permitted, provided the aggregate square footage of sign per lot shall not exceed the sum of two (2) square feet per front lineal foot of building. On corner lots, two front foot calculations are allowable provided such side contains a major buiding entrance. the allowable square footage on the side entrance. Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, logos or of a line or lines, to form display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, numbers or illustrations composing the entire sign. For multi -faced signs. each face shall be measured exceot in the case of a sign with two identical sides. • Signs shall be positioned so that they are an integral design feature of the building which means that signs shall help define and enhance the architectural features of the building and shall be placed so that they do not destroy architectural details such as but not limited to stone arches, glass transom panels, or decorative brickwork. Signs may be placed only in the horizontal lintel "sign space" or within window glass, or on the awnings. In buildings that do not have a traditional lintel sign area, signs shall be placed no higher than 36 inches above the building openings. Suns attached to a marauee shall not extend beyond the vertical surface of the marquee No soon shall be placed on the roof of a marquee. Only the name of the owner and/or business conducted on the premises may be placed on any awning or canopy. t1 - •1. • =d =l�! ll• a 1 -.1 1. 1 <1 =S - 1• .1, -. IN .• - • 1.1 • 1. • • • - - ,11 111 (b) Lettering: Lettering styles shall be legible and relate to the character of the property's use. No sign shall contain more than two (2) lettering styles. Franchise logo signs are permitted. gilding Letter height shall be no more than 75% of the lintel height. Plestiesigns (c) Colors: Sign colors shall blend with the building facade to which the sign is attached and be compatible with the property's use. Pie ---- tHam ` e ee'eF$ Shall Only two letter colors are permitted (including black and white).* No more than three colors shall be used for the entire sign. (unless authenticity requires minimal use of additional colors.)* (d) Message: The sign message shall be legible and relate to the nature of the use. These requirements may be accomplished through the use of words, pictures, names, symbols, and logos. (e) Illumination: External illumination of signs is permitted. nt -- fi eFe � Lighted suns shall emit a continuous white light that prevents direct light from shining onto the street. seetiem. acklit plastic panel signs are —ftet permitted if they are designed in character with the era of the original building construction.* Exposed external conduit wiring is not permitted. 40 • (f) Freestanding Signs: All freestanding signs in the C -3 district shall be located, sized, and landscaped so that they do not obscure the view of adjacent properties. All freestanding signs shall conform to all sections of this ordinance. Freestandino F r t nan li nd r n fr andi m signs. see Section 10. 14 r i h Z n no Ordinance. (#}fig) Signs for Pedestrian Traffic: A sign in addition to that otherwise allowed in this section is permitted. The sign shall be no larger than six square feet (three feet maximum on each side) and be placed so the bottom of the sign has no less than " seven feet (TO ") of clearance. Such signs shall be two feet allowed to project into the public The square footage of E signs shall be deducted from the total allowable sign area for that building. Pedestrian signs shall conform to all sections of this ordinance. (+) (i Rear Building Signs: Signs shall be allowed on the rear of a building. The9geera e - Qi Signs on Exterior Walls: Signs shall not be painted on exterior wall of any building • or structure. Ij) M r I: M t t i mi d an i' i (k) Banners: One or more banners not exceeding two square feet per front linear foot of building are allowed on primary side of building for no more than 45 days in a calendar year. (1) Appeals: Upon notice of any application being rejected by the City Staff, the applicant shall have access to appeal to the Downtown Design Review Committee, and if rejected by the Downtown Design Review Committee the applicant shall have the appeal procedure pursuant to the City of Hutchinson Zoning Ordinance. (mg) Permit Fee! 8 gin peF199 t fees shell be we ved m the G 3 Ge.08 GeFmngeFe 8' " RE W BY I EET THIS R ALLY PROHIBITED SIGNS The following described signs are hereby declared a nuisance and shall be prohibited in all districts of the City. (1) Revolving and Flashing Signs: Signs which revolve or flash or consist of lights which revolve or flash are prohibited with the exception of devices which inform the public of time and/or temperature. Moving message type signs shall be permitted as an exception when their messages consist primarily of news, public announcements, etc., or a non - advertising • nature. (2) Signs Imitating Official Signs: Signs which imitate an official traffic sign or signal or • which contain the words "stop ", "go slow ", "caution ", "danger", "warning ", or similar words. (3) Confusing Signs: Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device; or which hide from view any traffic or street sign or signal; or which obstruct the view in any direction view at a street or road intersection. (4) Signs Advertising Terminated Businesses: Business signs which advertise an activity, business, or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than sixty (60) days from the date of vacancy. (5) Right -of -Way: Business or advertising signs which are placed on a municipal, county, or state right -of -way. (6) Other Temporary Signs: Signs which are pasted or attached to utility poles, trees, fences, or other signs. ra �E• ata.7C�9[TiF�'1+L17� � r � • a • _ • � �ll�Cl ii�nrn fLiL�fxl�tl as C'" rtT rl iFT� GJLDJAIIOJR=iO SECTION 3. This ordinance shall take effect from and after its passage and publication. Adopted by the City Council this 12th day of November, 1996 • Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator • 0 RESOLUTION NO.10774 CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MCLEOD BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA, COUNTY OF MCLEOD, STATE OF MINNESOTA: That the following embraces unpaid assessments levied by the City Council of Hutchinson, Minnesota, under Statutes Sec. 429.011 to 429.111 for the various assessments of the City of Hutchinson, to be levied and assessed upon the properties as listed for the following purposes for the current year, and that a copy thereof be sent to the County Auditor of said McLeod County, Minnesota: • 10th 10th 10th 10th 10th 9th 9th 9th 9th 9th 9th 9th 9th 9th 8th 8th 8th 7th 7th 7th 6th installment of 10 yr installment of 10 yr. installment of 10 yr, installment of 10 yr installment of 10 yr, installment of 10 yr installment of 10 yr, installment of 10 yr. installment of 10 yr installment of 10 yr, installment of 10 yr, installment of 10 yr installment of 10 yr installment of 10 yr installment of 10 yr. installment of 10 yr installment of 10 yr, installment of 10 yr installment of 10 yr. installment of 10 yr, installment of 10 yr. assessment - -Roll #224 Water Services assessment- -Roll #225 Watermain,San.Storm Sewer assessment - -Roll #228 Watermain,San.Storm Sewer assessment - -Roll #230 San,Storm Sewer,LiftStat assessment - -Roll #234 Watermain,San,Storm Sewer assessment - -Roll #236 87 -36 San.Sewer,Appur. assessment - -Roll #237 88 -25 San.Sewer,Watermain assessment- -Roll #239 88 -15 SanStorm Sewer,Wate assessment - -Roll #240 88 -20 &21 San,Storm,Wate assessment - -Roll #241 88 -19 San,Storm,Watermain assessment - -Roll #247 88 -32 San,Storm,Watermain assessment - -Roll #185A San.Sewer assessment - -Roll #202B Watermain /San.Sewer assessment - -Roll #204A Watermain /San.Sewer assessment- -Roll #230A Activate Deferred SanStr assessment - -Roll #249 89 -01 Watermain & Appur assessment - -Roll #250 89 -02 San,Storm,Watermain assessment - -Roll #255 90 -04 San.Sewer & Appur assessment - -Roll #258 90 -16 Watermain,San.Sewer assessment - -Roll #262 90 -15 Watermain,San.Sewer assessment - -Roll #266 91 -01 San,Storm,Watermain assessment - -Roll #267 91 -02 San,Watermain,Lift assessment- -Roll #268 91 -10 &12 San,Storm,Water assessment - -Roll #273 91 -24 San.Sewer,Watermain • 6th installment of 10 yr 6th installment of 10 yr 6th installment of 10 yr n u 5th installment of 10 yr. assessment - -Roll #275A 92 -01 San,Storm,Wtrmain 5th installment of 10 yr. assessment - -Roll #275B 92 -03,04 San,Storm,Water 5th installment of 10 yr. assessment - -Roll #276 San,Storm,Wtrmain,St 5th installment of 10 yr. assessment - -Roll #277 San,Storm,Wtrmain,St 5th installment of 10 yr. assessment - -Roll #278 San,Storm,Wtrmain,St 5th installment of 10 yr. assessment - -Roll #279 San,Storm,Wtrmain,St 5th installment of 10 yr. assessment - -Roll #281 San,Storm,Wtrmain,St 5th installment of 7 yr. assessment - -Roll 240A San Sewer /watermain 5th installment of 7 yr. assessment- -Roll 240B san Sw wm 5th installment of 7 yr. assessment- -Roll 228A WM, SS 3rd installment of 4 yr. assessment - -Roll 126W Watermain & Appur 3rd installment of 4 yr. assessment - -Roll 127W Watermain & Appur. 3rd installment of 4 yr. assessment - -Roll 128W Watermain & Appur. 3rd installment of 4 yr. assessment - -Roll 131W San Sewer & Appur. 3rd installment of 4 yr. assessment - -Roll 132W San Sewer & Appur. 3rd installment of 10 yr. assessment - -Roll #221A WM 94 project 4th installment of 10 yr. assessment - -Roll #283 93 -14 San sewer - watermain 4th installment of 10 yr. assessment- -Roll #285 93 -02 San sewer 4th installment of 10 yr. assessment- -Roll #287 93 -16 Storm,San,watermain 4th installment of 10 yr. assessment - -Roll #239A 93 proj. Ss,wm • 5th installment of 10 yr. assessment - -roll #228A 94 proj. Wm 3rd installment of 10 Yr. assessment - -Roll #289 94 -01 StmSew,San, Water 3rd installment of 10 Yr. assessment- -Roll #290 94 -02 StmSew,San, Water 3rd installment of 10 Yr. assessment - -roll #291 94 -05 StmSew,San, Water 3rd installment of 10 yr. assessment - -roll #293 94 -18 StmSew,San, Water 3rd installment of 10 Yr. assessment - -roll #294 94 -03 StmSew,San, Water 3rd installment of 10 Yr. assessment - -roll #295 94 -24 StmSew,San, Water 3rd installment of 10 Yr. assessment- -roll #296 94 -09 StmSew,San, Water 3rd installment of 10 Yr. assessment - -roll #297 94 -04 StmSew,San, Water 3rd installment of 10 Yr. assessment - -roll #298 94 -18 StmSew,San, Water 2nd installment of 10 yr. assessment - -roll #294B stm sew,san & watermain 2nd installment of 5 yr. assessment - -Roll # 121D watermain 3rd installment of 10 yr. assessment - -roll #299 stm sew, san & watermain 2nd installment of 10 yr. assessment - -roll #300 95 -05 stmsew, san & water 2nd installment of 10 yr. assessment - -roll #301 95 -09 stmsew, san & water 2nd installment of 10 yr. assessment - -roll #302 95 -04 stmsew, san & water 2nd installment of 10 yr. assessment - -roll #303 95 -12 stmsew, san & water 2nd installment of 10yr. assessment- -roll #305 95 -01 stmsew, san & water 2nd installment of 10yr. assessment- -roll #306 95 -17 stmsew, san & water 2nd installment of 10yr. assessment - -roll #310 96 -01 ss,wm & sm 2nd installment of 10yr. assessment - -roll #307 95 -23 stmsew, san & water • 2nd installment of 6 yr. assessment - -Roll #240D 95 prof 1st installment of 9yr. assessment -roll 4307A 95 -24 ss,wm,sm & st S 1st installment 1st installment 1st installment 1st installment 1st installment OFF STREET PA-RKTNG of of of of of Syr. 10yr 10yr 10yr 10yr assessment -roll #309A 95 -24 ss, water connection assessment -roll #5000 96 -07 sm,ss,wm & street assessment -roll 45002 96 -17/18 ss,wm,sm & st assessment - -roll 45003 97- 01/3/4 ss,st(r)& wm assessment - -roll 45004 97 -05/6 wm,ss,st(r) 15th installment of 15 yr.assessment - -Roll #152 1983 Off Street Parking 9th installment of 15 yr. assessment - -Roll #152A 1984 Off Street Parking 9th installment of 10 yr. assessment - -Roll #245 88 -17 Storm,San,Watermain 9th installment of 10 yr. assessment - -Roll #97A Storm Sewer 8th installment of 10 yr. assessment - -Roll #35A 1969 deferred truck sewer 8th installment of 10 yr. assessment - -Roll #252 89 -15 Storm Sewer 8th installment of 10 yr. assessment - -Roll #254 89 - -15 Storm Sewer • 8th installment of 10 yr. assessment - -Roll #245A Lateral Storm Sewer 7th installment of 10 yr. assessment - -Roll #176C Trunk Storm Sewer 6th installment of 10 yr. assessment - -Roll #269 91- 04,05 &06 Storm Sewer 6th installment of 10 yr. assessment - -Roll 4271 91 -11 Storm Sewer 6th installment of 10 yr. assessment- -Roll 4272 91 -07 Storm Sewer 6th installment of 10 yr. assessment - -Roll #274 91 -25 Storm Sewer 5th installment of 7 yr. assessment - -Roll 272A 92 proj. SS 5th installment of 5 yr. Re- assessment agreement #122m 4th installment of 10 yr. assessment -- ROLL # 278A 93 proj. Strom sewer 4th installment of 10 yr. assessment - -Roll # 59A 93 proj WM,SS 4th installment of 10 yr. assessment - -Roll #80B 93 proj. 3rd installment of 4 yr. assessment- -Roll #135W Storm Sewer 3rd installment of 5 yr. Re- assessment agreement 122N 2nd installment of 5 yr. assessment - -Roll #278D SS,WM 2nd installment of 10 yr, assessment - -Roll #308 95 proj sansew trunk 2nd installment of 10 yr. assessment - -Roll #309 95 proj sansew trunk 2nd installment of 10 yr. assessment - -Roll #311 96 -02 proj sm, street 2nd installment of 6 yr. assessment - -Roll # 122c storm sewer 2nd installment of 5 yr. assessment - -Roll # 122D 95 PROJ. SS 1st installment of 10yr. assessment - -Roll #5001 96 -12 storm sewer & st • i 10th installment of 10 yr. assessment - -Roll #227 Curb /Gutter /Gravel Base 10th installment of 10 yr. assessment - -Roll #229 Curb /Grade /Gravel Base 10th installment of 10 yr. assessment - -Roll #233 Bituminous Surfacing 9th installment of 10 yr. assessment - -Roll #238 88 -02 Bituminous Surfacing 9th installment of 10 yr. assessment - -Roll #242 88 -01 Bit.Surfacing etc 9th installment of 10 yr. assessment- -Roll #243 88 -04 Bit.Surfacing etc 9th installment of 10 yr. assessment - -Roll #244 88- 13 &14 &16 Bit Surfacing 9th installn,snt of 10 yr. assessment- -Roll #248 88 -31 Bit.Surf /Appur 9th installment of 10 yr. assessment - -Roll #215A Grade /Gravel /C &G 9th installment of 10 yr. assessment - -Roll #227A C/G /Gravel /Base 8th installment of 10 yr. assessment - -Roll #251 89- 05 &06 &07 &12Curb /Gut /Bit 8th installment of 10 yr. assessment - -Roll #253 89 -15 Bit.Surf & Appur 7th installment of 10 yr. assessment - -Roll #256 90 -08 Curb /Gutter /Surf,etc 7th installment of 10 yr. assessment - -Roll #257A 90 -10 Curb /Gut /Surf,etc 7th installment of 10 yr. assessment- -Roll 4257B 90 -11 Curb /Gut /Base /App 7th installment of 10 yr. assessment - -Roll #257C 90 -12 Curb /Gut /Surf /App 7th installment of 10 yr. assessment - -Roll #259 90 -05 Curb /Gut /Surf /Gray 7th installment of 10 yr. assessment - -Roll 109D Grading /Appur. 7th installment of 10 yr. assessment - -Roll 257A grade sidewalk 6th installment of 10 yr. assessment- -Roll #264 90 -11B Bit.Su-f /Curb /Guttr• 6th installment of 10 yr. assessment - -Roll #270 91 -13 &14 Bit.Surf & Appur 5th installment of 7 yr. assessment - -Roll # 251A 92 prof. Bit /surfacing 5th installment of 7 yr. assessment - -Roll # 243B 92 proj. Bit. Surfacing 4th installment of 10 yr. assessment - -Roll # 73A 93 proj. CURB- GUTTER 4th installment of 10 yr. assessment - -Roll 259A 93 PROJ. BIT SURF - GRAVEL 3rd installment of 12 yr. assessment - -Roll 103W Curb /Gutter /Surfacing 3rd installment of 4 yr. assessment - -Roll 138W Grading & Appur. 3rd installment of 4 yr. assessment - -Roll 142W Gravel base & Appur. 3rd installment of 4 yr. assessment - -Roll 143W Gravel base & Appur. 3rd installment of 4 yr. assessment - -Roll 159W Curb /Gutter & Appur. 3rd installment of 4 yr. assessment - -Roll 160W Curb /Gutter & Appur. 3rd installment of 10 yr. assessment - -Roll 230B SS, STS, LS 4th installment of 10 yr. assessment - -Roll #284 93 -07 Street - Curb /Gutter 4th installment of 10 yr. assessment - -Roll #286 93 -09 Bit Surf - curb /gutter 4th installment of 10 yr. assessment - -Roll #58A GRADE AND GRAVEL 3rd installment of 10 yr. assessment - -Roll #292 94 -13 1 /Bit Wear course 2nd installment of 5 yr. assessment -- roll #103D Curb /gutter 2nd installment of 5 yr. assessment- -roll #123D Curb.gutter 2nd installment of 5 yr. assessment- -roll #149D Bit surface 2nd installment of 5 yr. assessment - -roll #150D Bit surface 2nd installment of 5 yr. assessment - -roll #159D Bit surface • 2nd installment of 5 yr. assessment - -roll #270D Bit base 2nd installment of 10yr. assessment - -roll 4304 95 -20 Bit base F- r - I L BE IT FURTHER RESOLVED: That the following embraces unpaid weed cutting and water sewer bills: J & S INVESTMENTS $125.55 JOE KRAMER 125.55 FBS MORTGAGE CO. 99.40 VINCENT SWANSON 137.69 NW STILLWATER BANK 1182.87 FBS MORTGAGE CO $ 98.80 BANK OF AMERICA 186.69 NORWEST MORTGAGE 91.30 * Adopted by the City Council this 12th day of November, 1996. Marlin Torgerson, Mayor ATTEST: Gary D. Plotz, City Administrator • . RESOLUTION NO. 10775 AUTHORIZING RELEASE OF PLEDGED SECURITIES FROM MARQUETTE BANK, N.A., HUTCHINSON, MN WHEREAS, Marquette Bank N.A. of Hutchinson, Minnesota, a city depository, has requested release of the following security under the collateral agreement with the City of Hutchinson: US Treasury Note 11 -15 -96 $ 300,000.00 (cusip 912827UF7) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • THAT the City Finance Director be authorized to release the requested securities. Adopted by the City Council this 12th day of November, 1996. Marlin Torgerson Mayor ATTEST: Gary D. Plotz • City Administrator . CITY OF HUTCHINSON RESOLUTION NO. 10776 RESOLUTION SETTING INTEREST RATE FOR 1996 ADOPTED ASSESSMENT ROLLS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT all assessment rolls which have been adopted and will be adopted relating to 1996 improvement bonds are hereby changed to read an interest rate of 4.86 %. This rate is the true interest rate of the 1996 Improvement bonds. Adopted by the City Council this 12th day of November 1996 Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator • Minnesota Department of Public Safety VUV ._ LIQUOR CONTROL DIVISION 3 444 Cedar St. /Suite 100L St. Paul, MN 55101 -2156 (612)296 -6439 TDD (612)282 -6555 APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER HUTCHINSON ELKS INC 2427 1969 STREET ADDRESS CITY STATE ZIP CODE 720 HWY 7 E P 0 BOX 565 HUTCHINSON MN 55350 -0565 NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE SHARI KING 32 587- 3116 7 -703? DATES LIQUOR WILL BE SOLD (1 to 4 days) TYPE OF ORGANIZATION JANUARY 26, 1997 � CLUB ❑ CHARITABLE ❑ RELIGIOUS ❑ OTHER NONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS SCOTT NEWMAN 24203 ODAY AVE HUTCHINSON, MN 55350 ORGANIZATION OFFICER'S NAME ADDRESS DENNIS SCHROEDER 1252 ROLLING OAKS LANE NW HUTCHINSON, MN 55350 ORGANIZATION OFFICER'S NAME ADDRESS CHARLES DRAEGER 720 GOEBEL ST HUTCHINSON MN 55350 Location where license will e usect. if an outdoor area, descn nk AT CLUB — 720 HWY 7E IF Will the applicant contract for intoxicating liquor services? If so, give the name and address of the Liquor license provid the service. Will the applicant cam' liquor liability insurance? If so, the carrier' s name and amount of coverage. (NOTE: Insurance is not mandatory) NATIONAL SURETY CORP CSR 2163281 1,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO LIQUOR CONTROL CITY /COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID IGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED LIQUOR CONTROL DIRECTOR NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this division will be returned as the license. Submit to the City or County at least 30 days before the event PS-09079(8/95) PUBLICATION NO. 4985 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5005 • LETTING NO. 3 /PROJECT NO. 96 -04 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 6:00 P.M. on the 12th day of November, 1996, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of Bluff Street and Adams Street from 4th Avenue NE to Washington Avenue by storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and appurtenances. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by November 15th, 1996. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 4.861 percent per year. The right to partially prepay the assessment shall be until November 15th, 1996. • The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $28,500.00. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. • 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. �,6 --A PUBLICATION NO. 4985 PAGE 2 5. The entire proceedings will be tape recorded. • 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. • Gary D. Plotz, Ci dministrator City of Hutchinson, innesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, OCTOBER 29TH, 1996 AND TUESDAY, NOVEMBER 5TH, 1996. L� RESOLUTION NO. 10777 • RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5005 LETTING NO. 3 /PROJECT NO. 96-04 WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of Bluff Street and Adams Street from 4th Avenue NE to Washington Avenue by storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous wear course, bridge construction and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefrtted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 4,UL percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from December 1, 1996, until the 31st day of December, 1997. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to • the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 1996; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 12th day of November, 1996. Mayor City Administrator McLeod County • Household Hazardous Waste Facility 880 Century Avenue Hutchinson, MN 55350 (612) 234 -7166 OCT 2 - October 15, 1996 City of Hutchinson Gary Plotz 111 Hassan Street SE Hutchinson, MN 55350 Dear Mr. "Plotz: Enclosed is the recycling funding agreement for calendar year 1997, an itemization of eligible expenses and a budget worksheet. Please execute both copies of the agreement and the budget worksheet and return them to this office by January 1, 1997. No money can be dispersed until the agreement is signed. I would also like for you to review the following information I have regarding your recycling and yard waste program. If there are any changes, please note them and return with your agreement. 0 Program Location /Hours Materials Curbside every week on trash day A,T,G,P,N Drop Off HWY 22 S Open MWF noon to 8, A,T,G,P,N C = Cardboard Sat 9 -4 = Office Paper Yard Waste South HWY 22: Open MWF noon- 8, Yard Waste, Sat 9 -4 Brush, timber, logs, wood chips A = a uminum cans G= Mass, separate y co or T = Tin Cans N = Newspaper P =. Plastic necked bottles (1 &2) M= Magazines C = Cardboard O = Office Paper Thank you! f c;—>Kuo(�A Roberta Lexvold Solid Waste Coordinator • Encl. UP r S McLeod County is an Equal Opportunity /Affirmative Action Employer 1997 • BUDGET WORKSHEET Attachmnet to Solid Waste Funding Agreement Township or City: Hutchinson Budget Amount: $128,000 Please refer to the eligible expenses when making this budget. Item Amount Education /Promotion Curbside Service Drop Box Service Yard Waste Site Preparation Yard Waste Site monitoring Total • • 9 -A- MCLEOD COUNTY SOLID WASTE ABATEMENT FUNDING PROGRAM 1997 EXPENSES ELIGIBLE FOR REIMBURSEMENT RECYCLING Educational/Promotional costs (printing and news media advertising) Curbside service costs not to exceed $2.00Axx se/month. Drop Box service costs not to exceed $125.00 /service call or $ per year COMPOSTING/YARD WASTE Site preparation (initial grading, materials, fencing, signs). Site monitoring costs not to exceed $7.00/how or $ per year. • EXPENSES NOT ELIGIBLE FOR REIMBURSEMENT RECYCLING Recycling equipment available through other sources (e.g. drop boxes, vehicles, etc.). Administrative staffing costs. Curbside or drop box service costs above those specified by McLeod County. Incentives or Rewards to citizens for recycling K -CIV, Land purchases. Land rental. Curbside compost pickup costs. Compost site tuming and maintenance costs. Equipment purchases beyond those allowed under site preparation. • 9 COUNTY OF McLEOD and CITY OF HUTCHINSON 1997 SOLID WASTE FUNDING AGREEMENT 0 THIS AGREEMENT is entered into by the County of McLeod, acting by and through the Planning, Zoning, and Environmental Services Office, hereinafter referred to as the County, and the City of Hutchinson, hereinafter referred to as the City. WrfNESSETH: WHEREAS, the County has been granted certain responsibility for regulation of solid waste development, as provided by Select Committee on Recycling and the Environment (SCORE); and I - WHEREAS, the County is authorized by the Waste Management Act and SCORE to provide funding for local governments for solid waste management, consistent with the SCORE rules; and WHEREAS, the County is authorized by Minnesota Statute §115A.919 to collect fees from municipal solid waste disposal facilities located within the County for the purpose of funding solid waste management programs; and WHEREAS, the County has received SCORE funding for assistance. NOW THEREFORE, it is agreed by and between the parties hereto: • I . WORK Local Government Responsibility (1) Documentation of Actual Costs. The City agrees to provide to the County documentation of all actual eligible costs, defined by the Solid Waste Advisory Committee, and consistent with SCORE and MS §115A.919. (2) The City shall return to the County any funds advanced which are not used in the calendar year or are not used for the intended purpose (i.e., the budget approved by the County Board). (3) If the City does not complete all the tasks by December 31, 1997, then all remaining funds for the purposes of solid, waste management shall be retumeld to the County. 2. FUNDING The County shall pay to the City all solid waste abatement expenses for 1997 as approved by the County Board and according to the attached budget. The City agrees to pay all expenses not paid for by the agreement. All billings shaft first be sent to the 94 McLeod County Planning, Zoning, and Environmental Service Office, 830 11 th Street East, Glencoe, Minnesota 55336 for approval and processing: Upon completion of this agreement, advance payment to Me City from the Canty shall not exceed 25 percent of the adopted bcxiget for the first In April and July, Me County shall reimbrrrse the City for the achral expenditure incuffed in the first and second quarters, respecthrlly. The final expenditure report, which will include both third and fourth quarters, must be submitted within 30 days following the end of the faatlh quarter. Final payment will be made after the Work has been completed, provided that all costs and Work for which quarterly expenditure reports are submitted, are determined by the Solid Waste Officer to be in accordance with the terms of this budget. 3. SPECIAL PROVISIONS a. The City agrees that in the hiring of common or skilled labor for the performance of any work under any contract, or subcontract hereunder, neither it nor any contractor, material supplier, or Vendor shall engage in any discriminatory employment . practices as such practices are defined in Minnesota Statutes §181.59 and Chapter 363, or in any practices prohibited by Minnesota Statutes §177.42 and §177.43 (1988). b. The City shall indemnity, protect, and hold harmless the County, its agents, and employees from all claims or actions which may arise from performance of this Agreement. „ C. The books, records, documents and accounting procedures, and practices of the City relevant to this Agreement shall be subject to examination by the Solid Waste Advisory Committee/County Board and the McLeod County Auditor. 4. TERM The fiscal year is the calendar year. This Agreement shall become effective when all signatures required have been obtained and when the funds have been encumbered by the Solid Waste Advisory Committee, and shall continue in effect until the provisions of the contract are completed. 5. TERMINATION 'This 6jreement'is 6obtingent upon the availability of SCORE funds, McLeod County tip fees, and McLeod County Solid Waste Abatement fees to fund the attached • budget. This agreement shall terminate at the option of the McLeod County Board of Commissioners, if such funds are unavailable to continue financing the City's solid waste abatement programs contained in the attached budget. In addition to the above provision, the County may terminate this Agreement "with cause". "With cause' shall mean that the City is not performing the Work in accordance with the terms of this Agreement or the Work.is not being performed to the satisfaction of the County. If this Agreement is so terminated, the County shall only be liable to pay for the Work found acceptable and all other funds will be returned to the County within 30 days following termination. In the event of termination of this Agreement as heretofore provided, the City shall have ten (10) days prior written notice of the termination date and if the Agreement is being terminated 'with cause' the City shall have until the date of termination to show cause why the Agreement should not be terminated. If it is determined by the County that the City's default was beyond its control or it was not otherwise in default, the Agreement shall not be terminated. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MCLEOD COUNTY • « arr r :ra r Date: BY: Auditor Date: &2 CITY OF HUTCHINSON BY: Mayor Il'1?�7 BY: City Administrator =11; 0 • CITY OF HUTCHINSON POLICE SERVICES TO: Mayor and City Council FROM: Steve Madson, Director of Police /Emergency Management Services 1 DATE: October 25. 1996 1 RE: FBI National Academy Invitation Attached herewith please find a copy of a letter of invitation from Director Louis J. Freeh of the Federal Bureau of Investigation to have Investigator Steve Mogard attend the 188th Session of the FBI National Academy. The FBI National Academy is one of the most prestigious advanced law enforcement educational facilities in the world. The opportunity to send an employee from this • department occurs approximately once every five to six years. I attended in 1991 and Investigator Dick Waage attended in 1980. Former Chief Dean O'Borsky attended in 1986. Investigator Mogard would be in Quantico, VA from January 12 through March 28, 1997. The bulk of the costs of this educational opportunity are borne by the FBI. It would be the departments responsibility to pay for uniforms, student fee and incidental expenses of approximately $750.00. These costs would be paid out of the 1997 budget. I would recommend approval of the outstanding educational opportunity. /Ikg 0 c r �� U.S. Department of Justice Federal Bureau of Investigation • Office of the Dircctur Wr hingion. DC 70535 October 18, 1996 Mr. Steven C. Madson Chief of Police Hutchinson, Minnesota 55350 Re: Investigator Steven Michael Mogard Candidate, 188th Session, FBI National Academy January 12 - March 28, 1997 Dear Chief Madson: I am indeed pleased to extend an invitation to the above -named candidate to attend the next session of the FBI National Academy. We look forward to having him in attendance. I would appreciate your informing me as soon as possible whether this invitation is accepted. Enclosed for review by you and your candidate is a set • of general instructions which reflects pertinent information regarding the National Academy Program. Please insure that your candidate has registered for his courses through your local FBI representative. ncerely yo /�� Louis J. Freeh Director Enclosure A F." DO, • FM Rust Environment & Infrastnicture Inc. A Rust International Company Phone 612.551 1001 3033 Campus Drive North Fax 612.551 2499 Suite 175 Minneapolis, MN 55441 November 5, 1996 Randy DeVries, Water/Wastewater Director City of Hutchinson 111 Hassan.Street SE Hutchinson, MN 55350 -2522 Re: Proposed Council Workshop Water Rate Study Dear Mr. DeVries: NOV 7 1996 '-'1 ...'ON As we discussed at the meeting with HTI, 3M, and Hutchinson Utilities on October 24, 1996, we are prepared to conduct a Council workshop on water rates at the convenience of the Council and staff. • Ideally, the workshop should be conducted yet this month if we are to be successful in implementing rate revisions on or before January 1, 1997. We understand that the only available date this month is November 19. We are available on this date if it is convenient for the staff and Council. The purpose of the workshop would be the presentation of alternative water rates for consideration by the Council, discussion of an implementation schedule, and completion of the recommended plan. The goal of the workshop is to receive direction from the Council regarding the proposed rates and implementation schedule. After the workshop, Rust staff would finalize the report for formal presentation at a Council meeting in December. This schedule would allow implementation of the new rate system by January 1, 1997, which has been a project goal. We are u:uilable to attend a Council workshop any time after November 13, 1996. Workshop materials can be delivered to staff as early as November 14, so that they can be distributed to the Council ahead of the workshop date. Please confirm the date of the proposed workshop at your earliest convenience. Sincerely, Scott L. Y ng,, . Project Manager cc: Marilyn Swanson 1 Al S DgiUTCHA 3474 \ W ORKS HP I . LTR b Ouahly through teamwork 0 C. TQ: Mayor and Council FROM: Doug Meier, Maintenance Operations Supervisor SUBJECT Recommendation for the purchase of a Police Squad Car On October 21, 1996, specifications were sent to the following dealers requesting quotes for the purchase of one (1) new, 1997 Police Patrol Vehicle: Plowman Ford, Wigen Motor Company, • and Superior Ford. The results are as follows: PLOWMAN FORD Highway 7 West Hutchinson, MN 55350 Cash Bid - One (1) new 1997 Model, 4 -door, Police Sedan Less trade -in 1991 Chevrolet Lumina NET BID WIGEN MOTOR COMPANY Highway 7 East Hutchinson, MN 55350 • City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (612) 587 -5151 Fax(612)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (612) 587 -2975 Fax(612)234 -4240 - Prinred on recycled paper - $ 20893.00 $ 4050.00 S 16843.00 + tax Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (612) 587 -2242 / Fax(612)587 -6427 SUPERIOR FORD" 9700 56th Avenue North Highway #69 & Bass Lake Road Minneapolis, MN 55442 Cash Bid - One (1) new 1997 model, 4 -door, Police Sedan Less Trade -in 1991 Chevrolet Lumina $ 20267.00 $ 2250.00 NET BID S 18017.00 -t i d 4 My recommendation is to award the contract to Plowman Ford, Hutchinson, MN, to supply one (1) new 1997 Model, 4 -door, Police Sedan, per specifications to the City of Hutchinson, and that the City trade in the 1991 Chevrolet Lumina at this time, for a net bid of $16, 843.00 including the trade -in. I based my recommendation on the fact that Plowman Ford is the low bidder by $1,174.00. Since the Motor Pool budget has not been approved at this time, I've been informed that consideration will be made due to the urgency concerning order time. The replacement of this vehicle will be included in the 1997 Motor Pool Budget. Vendors are aware that payment of this vehicle will be after January 1, 1997. • "Star denotes State Contract Vendor • • 0 CI'1 0 QM CU COMPANY NAME: P L a w M i - ._� S L DATE: DELIVERY DATE: _A"Y7e2 Yl1-V One (1) new, 1997 Model, 4 -door, Police Sedan. U CASH BID $ Less Trade-in: 1991 Chevrolet Lumina TRADE -IN S T 5 U VIN# 2G1 WL54T6M1122612 3 NET BID $ /v DUE DATE: This form must be returned to the Hutchinson City Center, Attention: Doug Meier, 111 Hassan Street SE, Hutchinson, MN 55350, no later than November 1, 19%. We will review the proposals and make recommendations to the Hutchinson City Council no later than • November 12, 1996. "' In submitting this Proposal, it is understood that the right is reserved by the City of Hutchinson to reject any and/or all proposals, and it is agreed that this Proposal may not be withdrawn for a period of thirty (30) days from the date of opening thereof. • T? PROPQCAL DORM COMPANYNAME 5�,,o,& rn,,- (MC— DATE: DELIVERY DATE: 73'ho 4433 One (1) new, 1997 Model, 4 -door, Police Sedan. CASH BID S _ �j 7 c W Less Trade -m : 1991 Chevrolet Lumina TRADE -IN S _ate TZ VDW 2031 WL54T6M1122612 NET BID S DUE DATE: This form must be returned to the Hutchinson City Center, Attention: Doug Meier, I I I Hawn Street SE, Hutchhoon, MN 55350, ere later than Nff We Will r*viOw the November 1 proposals and make r000mmendatio= to the m son City Coundl no Ina than "• In ntbmtting this Proposal, it is understood that the right is reaaved by ft City of Hutc� to reject any aaWor all proposah; and it is agreed that this Proposal may not be withdrawn for a period of thirty (30) days ftom the date of opening thereof. • 1] • ARNOLD, ANDERSON & DOVE WV ; '996 PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW DAVID B. ARNOLD STEVEN A- ANDERSON G. BARRY ANDERSON LAURA K. FRETLANO DAVID A. BRUEGGEMANN PAUL D. DOVE" JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS. III 'ALSO ADMITTED TN TEXAS AND NEw TDRK 101 PARK PLACE HUTCHINSON. MINNESOTA 55350-2563 (320) 567-7 57 5 FAX 1320) 587 -4096 RESIDENT ATTORNEY G- BARRY ANDERSON November 7, 1996 Mr Jeff Benson Dorsey & Whitney 220 So. Sixth Street Suite 2200 Minneapolis, Mn. 55402 -1498 Re: Solitra USA, Inc. /City of Hutchinson Our File No. 3244 -95083 Dear Jeff: � — ,ON, OF COUNSEL RAYMOND C...ALLIER ARTHUR L. DOTEN TERRI A. BLOMFELT 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 FAX (612) 545.1793 FAX (612)542.9210 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 3892214 FAX 16121 3895506 I am enclosing herewith proposed deferred loan repayment agreements for both lots 8 and 9. I have drafted each document as a separate document so that each can be recorded against the appropriate Owner's Duplicate Certificate of Title. By carbon copy of this correspondence I am asking the City Administrator to place the agreements for both Lots 8 and 9 on the City Council agenda for approval at next Tuesday's City Council meeting. I understand there is no dispute regarding the deferred loan agreement with respect to Lot 9 and as of the time we had last visited about this matter you did not yet have a decision from your client with respect to Lot 8. Please advise if you have any other concerns or questions. Thank you. Best regards. Very truly ARNOLD,,ANP ON/& DOVE, P.L.L.P. T g8 #y Anderson am: lm Enclosures SM Mary Plotz E GCATIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAN ASSOCIATION L / , — &"TIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION CITY OF HUTCHINSON INDUSTRIAL DEVELOPMENT LOAN PROGRAM DEFERRED LOAN REPAYMENT AGREEMENT AND MORTGAGE THIS AGREEMENT is made and entered into this _ day of 1996 by and between the City of Hutchinson ( "Lender ") and Solitra USA, Inc., a Minnesota corporation and hereinafter referred to as "Borrower ". RECITALS WHEREAS, Borrower has purchased a parcel of land hereafter referred to as "the Land;" WHEREAS, Borrower has made improvements, or will make improvements, that have increased the value of the property such that the taxes assessed to the property are equal to or greater than one tenth (1 /10) of the loan amount set forth in this Agreement; WHEREAS, Lender has loaned Twenty two Thousand Four Hundred Twenty five and no /100 Dollars ($22,425.00), to Borrower at the rate of 9% per annum, and receipt of the same is hereby acknowledged by Borrower, for the purpose of encouraging industrial development in the Hutchinson Industrial Park and; WHEREAS, Borrower and Lender desire to set forth herein the provisions for Borrower's repayment or forgiveness of the loan, and to provide for securing said repayment with the mortgage on the property described below (hereinafter referred - to as "The Mortgage "); NOW, THEREFORE, in consideration of said loan and in accordance with Minnesota law, the parties do hereby agree as follows: -1- 9- F • 1. Borrower covenants and agrees with Lender to pay to the ADO► -14W1 order of Lender the principal of the loan, with interest as hereinafter provided, at the office of the Lender in Hutchinson, Minnesota, or at such other place as the Lender may designate in writing, upon the occurrence of any of the following events ( "Repayment Events ") within a period of ten years after the date of the loan as set forth above: a. If any portion of the Land subject to the terms of this deferred loan repayment agreement and mortgage is sold, transferred or otherwise conveyed, whether by deed, contract for deed or otherwise and whether said transfer or sale is voluntary or involuntary. The foregoing notwithstanding, Borrower may sell, • transfer or convey part or all of the Land to (x) and entity that controls, is controlled by or is under common control with Borrower, or (y) any entity resulting from the merger or consolidation with Borrower or to any entity that acquires all of Borrower's assets as a going concern of the business that is being conducted on the Land, and no such sale, transfer or conveyance. described in clause (x) and (y) shall be deemed a Repayment Event. b. The filing of a voluntary or involuntary bankruptcy petition by the Borrower or its principals. Repayment of the loan as required above shall be made to • Lender no later than the 30th day after the occurrence of any -2- =C Repayment Event, which day is hereby designated for purposes of • this Agreement as the maturity date of the loan. This maturity date shall occur regardless of whether notice_ required by this Agreement is given or received on or before said maturity date. Absent the occurrence of any Repayment Event, within ten years after the date of the loan as set forth above, upon the commencement of the 11th year after said date of the loan, Borrower, at that time and at any time thereafter, shall have no obligation to repay the loan or any party thereof to the Lender. 2. It is understood and agreed between the parties that 10% of the principal amount of the loan shall be forgiven and become a grant to the Borrower for each year the Borrower continues to own all of the Land and no Repayment Event occurs within the ten year period following the date of this Agreement. This ten year • period is hereafter referred to as the "Forgiveness Period." 3. Should any Repayment Event occur within the Forgiveness Period, then payment of the remaining balance of the deferred loan shall be made as follows: a. If any portion of the improved property is sold, then the Borrower shall pay to the Lender the remaining, unforgiven principal amount of the loan together with interest on that amount at 9% per year for the number of years remaining to complete the Forgiveness Period. b. If any part of the unimproved property is sold, then the Borrower shall pay to the Lender that bf • Vm on the remaining unforgiven principal =C • amount of the loan that bears the same ratio to the � unforgiven amount that the part sold bears to the total Land together with interest on that amount at 9% per year for the number of years remaining to complete the Forgiveness Period. 4. As security for the Borrower's personal covenant and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, Borrower hereby grants, and the Lender shall and hereby does have, a Mortgage lien on the real estate hereinafter described, together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney's fees of collecting the same. The said real estate subject to said • Mortgage lien is situate in McLeod County, Minnesota, and is legally described as follows: Lot Eight (8), Block One (1) , First Addition in the Hutchinson Industrial District, McLeod County, Minnesota. 5. Immediately upon any sale, transfer or other conveyance of the above - described real estate within ten (10) years of the date of the Loan as set forth above, Borrower or his /her heirs, executors, or representatives, hereby covenant and agree to give Lender notice thereof. 6. In the event Borrower or his /her heirs, executors, or representatives shall fail or refuse to make a required payment within said limited period, or otherwise in any way be in default under the terms and conditions of this Agreement, the Borrower . confers upon the Lender the option of declaring all sums then owing by the Borrower immediately due and payable without notice, and -4- hereby authorizes and empowers the Lender to foreclose this • Mortgage by judicial proceedings or to sell the mortgaged premises at public auction and convey the same to the - purchases in fee simple in accordance with the mortgage foreclosure statute appearing at Minn. Stat. Chapter 581, and out of the moneys arising from such sale to retain all sums secured hereby, together with interest and all legal costs and charges of such foreclosure and the maximum attorney's fees permitted by Law, which costs, charges and fees the Borrower herein agrees to pay. The Borrower and Lender further covenant and agree as follows: -5- a. Borrower shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. • b. Upon default of any covenant or agreement by Borrower under the terms of this Agreement, Lender prior to foreclosure shall mail notice to Borrower as provided herein specifying (i) the nature of the default by the Borrower, (ii) the action required to cure such default, (iii) a date, if such default is capable of being cured by Borrower, not less than thirty (30) days from the date the notice is mailed to Borrower by which such default, if capable of being cured, must be cured; and (iv) that failure to cure such default on or before the date specified in the notice may result in • acceleration of the sum secured by this Mortgage -5- and sale of the mortgaged premises. The notice `ea -Iqw shall further inform Borrower of the right, if any, to reinstate after acceleration_ and the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to acceleration and sale. C. In addition to any notice required under applicable law to be given in another manner, (i) any notice to the Borrower provided for in this Agreement shall be given by mailing such notice by certified mail addressed to the Borrower at the address of the mortgaged premises, or at such other address as the Borrower may designate in writing to the Lender _ • as provided herein, and (ii) any notice to the Lender shall be given by certified mail, return receipt requested, to Lender at the following address: City of Hutchinson, Attention: Finance Director, Hutchinson City Center, 111 Hassan Street S.E., Hutchinson, Minnesota 55350, or to such other address as Lender may designate by notice in writing to the Borrower as provided herein. Any notice provided for in this Agreement shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 7. The Mortgage lien created by this Agreement shall terminate and shall be of no further force or effect in the event i Borrower or his /her heirs, executors, or representatives are not in -6- default of any of the covenants or agreements contained herein, and i Lender has not, on or before October 1, 2006 (a) commenced an action in the manner provided by statute for the-foreclosure of the Mortgage and (b) filed for record a notice of said action, or a power of attorney to foreclose mortgage, or a I-jA pendens referring to the same, in the office of the County Recorder or Registrar of Titles, as the case may be, in the County where said real estate is situated. Lender may, in its sole discretion, extend said termination date of said lien by filing for record, on or before said termination date, an agreement with Borrower or his /her heirs, executors, or representatives evidencing such extension. 8. This Agreement shall run with the aforementioned real estate and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, • representatives, successors and assigns. Wherever used, the singular number shall include the plural, and the plural the singular. All covenants and agreements of the Borrower shall be joint and several. Upon termination of the Mortage lien created by this Agreement Lender shall, upon request of Borrower, execute and deliver to Borrower a recordable instrument evidencing such termination. 9. In the event that any provision or clause of this agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflicting provision, and to this end the 40 provisions of the Agreement are declared to be severable. -Z- • IN TESTIMONY WHEREOF, the parties hereto have executed this agreement. Attest: CITY OF HUTCHINSON By: Marlin Torgerson, Mayor Gary Plotz, City Administrator SOLITRA USA, INC. By: Its: By: Its: STATE OF MINNESOTA ) SS • COUNTY OF MCLEOD ) �� On this day of 1996 before me, a notary —_ public within and for said c' ounty, personally appeared Marlin Torgerson and Gary Plotz, Mayor and City Administrator for the City of Hutchinson respectively, to me known to be the persons described in, and who executed, the foregoing instrument and acknowledged that they executed the same on behalf of the City of Hutchinson as its free act and deed. Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF MCLEOD ) On this day of , 1996 before me, a notary public within and for sa county, personally appeared and , the and Solitra USA, Inc., to me known to be the persons described in, and who executed, the foregoing instrument and acknowledged that they executed the same on behalf of Solitra USA, Inc. • `i& Notary Public --qw -a- Tax statements for the real property described in this instrument should be sent to: Solitra Usa, Inc. This instrument was drafted by: G. Barry Anderson, Atty. Reg. 196X ARNOLD, ANDERSON & DOVE, PLLP 101 Park Place Hutchinson, Mn. 55350 Telephone (320) 587 -7575 MM C� C M E M O R A N D U M November 7, 1996 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Consideration of Approving Engineering Services Agreement for Airport Improvements - Phase 2 with TKDA Attached please find a copy of the engineering services agreement for the Airport - Phase 2 Improvements with TKDA. This agreement has been reviewed by staff and • Airport Commission members, and has been officially recommended for approval by `sh. the Airport Commission. The contract amount is for $160,000 which has been --9w previously approved by the Council. We recommend approving the contract. attachment cc: Gary Plotz - City Administrator Dick Lennes - HCDC • City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax(320)234 -4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350 -3097 (320) 587 -2975 /J Far (320) 234.4240 % - - Printed on recycled paper - Police Services —� 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2242 Fax (320) 587 -6427 RECEIVED qh 49 TKDA CITY OF Hl1fCHINSON TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS October 18, 1996 Mr. John Rodeberg Director of Engineering Hutchinson City Center I 1 I Hassan Street SE Hutchinson, MN 55350 -2522 Re: Airport Expansion - Phase 11 Hutchinson Municipal Airport Hutchinson, Minnesota TKDA Commission No. 10734 Dear Mr. Rodeberg: 1500 PIPER JAFFRAV PLAZA W CEDAR STREET SAINT PAUL MINNESOTA 55101.21,0 PHONE:61=)2- 00 FAXMI2 W2 V We are transmitting herewith 2 copies of our proposed contract for professional services for the design and construction engineering to complete Phase 11 of the airport expansion. The Contracts • have been revised in accordance with the items discussed during the meeting held October 7th in your office. You still may want to undertake -,in independent analysis of engineering fees for the proposed work. Although at the present time MtiDOT is not allocating any of the State's available Federal funds to reimburse Owners for engineering costs, it may not be a permanent policy. After reviewing the contract please execute both copies, keep one copy for your files, and return one copy to us. Thank you. Yours truly, 1. G. Petersen Project Engineer Encl. An E4u.l Op,.".MtT Employs • TKDA Mr. Ken Merrill Director of Finance Hutchinson City Center I l l Hassan Street SE Hutchinson, MN 55350 -2522 ENGINEERS • ARCHITECTS • PLANNERS October 18, 1996 RECENED OCT � ') 1996 GrrY OF HUTCHINSON Re: Airport Expansion - Phase II Hutchinson Municipal Airport Hutchinson. Minnesota TKDA Commission No. 10734 TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED 1500 PIPER JAFFRAY PLAZA A CEDAR STREET SAINT PAUL MINNESOTA 55101 -2110 PHOHEI=92-AA00 FAX11=92 M. Dear Nh Merrill: • As you requested we are providing herewith an estimated billing cycle for our future engineering work on the design of Phase 11 Development at the airport. We anticipate starting work in mid - November and completing the design by the end of June, 1997. This would put Hutchinson in position to accept a late- breaking Federal grant offer at the end of the 1997 fiscal year in September. The billing might approximate the following sequence: Perio Project Am ount Total December, 1996 invoice for November work $20.000 $120,000 January through July, 1997 invoices $20.000 /month $ 140.000 TOTAL $160.000 • Although the above is only at estimate we trust it provides the information you need for the City's budgethig process. Please call me if you need additional information or have other questions. Yours truly, J. G. "Jerry" Petersen Project Engineer c: John Rodebere - HCD Dave Sklar - HCD An Eglul Oppo,(.Iryry Emplarrt 1] Between Alh� THE CITY OF HUTCHINSON. MINNESOTA _� (OWNER) and • for PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this day of • hereinafter referred to as the OWNER, and . with a regular place of business at referred to as the CONSULTANT. WITNESSETH: That the OWNER and CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE 1. GENERAL DESCRIPTION OF WORK TO BE DONE The OWNER agrees to and hereby does retain and employ CONSULTANT and CONSULTANT agrees to perform Architectural, Engineering and/or other Professional Services for the project at the Hutchinson Municipal Airport, entitled: hereinafter referred to as the Project. • The Project and those services to be performed hereunder are more particularly described in ATTACHMENT A, a part hereof, and may be financed in part by grant -in -aid programs of the Minnesota Department of Transportation, Office of Aeronautics (MnDOT) and/or the Federal Aviation Administration (FAA) as described in Article 14. Ask� Owner - Consultant Agreement 1- TKDA - 03/15/95 �- G ARTICLE 2. PERIOD OF SERVICE • Compensation for CONSULTANT'S services as provided elsewhere in this Agreement has been agreed to in anticipation of an orderly and continuous progress of CONSULTANT'S services through completion. In this regard, if the services covered by this Agreement have not been completed within 12 months of the date hereof, through no fault of CONSULTANT, any lump sum or maximum payment amounts shall be equitably adjusted. ARTICLE 3. COMPENSATION TO CONSULTANT A. Compensation to CONSULTANT for services described in this Agreement shall be on a Lump Sum basis, Cost Reimbursement Plus Fixed Fee basis and /or an Hourly Rate basis as designated in the box below, and in ATTACHMENT B and as hereinafter described. _ 1. A Lump Sum method of payment for CONSULTANT'S services I shall typically apply to all or parts of a work scope where I CONSULTANT'S tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. The OWNER shall make monthly payments to CONSULTANT within 30 days of date of invoice based on an estimated percentage of completion of CONSULTANT'S services. M Reimbursement for Direct Expenses incurred in the performance of • the work shall be included in the Lump Sum amount, unless otherwise set forth in ATTACHMENT A. _ 2. A Cost Reimbursement Plus Fixed Fee method of payment for IXI CONSULTANT'S services shall typically apply to all or parts of a IXI work scope where CONSULTANT'S tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be established with any reasonable degree of accuracy. Under a Cost Reimbursement Plus Fixed Fee method of payment, the CONSULTANT shall be paid for the actual costs of providing required services plus a fixed fee payment as defined in FAA Advisory Circular 150 /5100 -14C, dated February 16, 1994 and as further defined as follows: a. Direct Salary Costs incurred by CONSULTANT for employees time directly chargeable to the Project, and in accordance with CONSULTANT'S SALARY SCHEDULE included in ATTACHMENT B. Periodic revisions to the schedule may be made and any such revisions shall be submitted by CONSULTANT to the OWNER for approval. 4 • Owner - Consultant Agreement -2- TKDA - 03/15/95 • b. Overhead Costs including overhead on direct labor including, but not limited to, employment taxes, fringe benefits, holidays, vacation, and sick leave and all allowable general and administrative overhead costs. Overhead Costs shall be calculated as a percentage of Direct Salary Costs, with such percentage based on CONSULTANT'S audited records. The Overhead Rate to be applied to this Agreement and any special provisions relating thereto shall be set forth in ATTACHMENT A. C. Direct Non -Salary Expenses incurred by CONSULTANT for costs directly chargeable to the project, including but not limited to: 1) Travel and subsistence. 2) Computer services. 3) Outside professional and technical services. 4) Identifiable reproduction and reprographic charges. 5) Expendable field supplies and special field equipment • rental. 6) Other acceptable costs for such additional items and services as may be required by the OWNER to fulfill the terms of this Agreement. d. Fixed Fee. In addition to the above reimbursement of costs, CONSULTANT shall be paid a fixed fee in the amount set forth in ATTACHMENT A. It is agreed that the fixed fee will be subject to adjustment in case of a work scope change, abandonment of the work prior to completion, or deletion of specific tasks. The OWNER shall make monthly payments to CONSULTANT within 30 days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, including a proportionate amount of the fixed fee. Invoices shall be accompanied by supporting evidence as required. C� Owner - Consultant Agreement -3- TKDA - 03/15/95 _ 3. If no Federal funds are involved in this Agreement, an Hourly Rate M 1 method of payment for CONSULTANT'S services may be utilized • as an alternative to the Lump Sum or Cost Reimbursement Plus Fixed Fee methods. Under an Hourly Rate method of payment, CONSULTANT shall be paid for the actual hours worked on the Project by CONSULTANT'S technical personnel times an hourly billing rate established for each employee. Hourly billing rates shall include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. A rate schedule shall be furnished by CONSULTANT to OWNER upon request. In addition to the foregoing, CONSULTANT shall be reimbursed at cost for the following Direct Expenses when incurred in the performance of the work: a. Travel and subsistence. b. Computer services. C. Owner approved outside professional and technical services. d. Identifiable reproduction and reprographic charges. 49 e. Expendable field supplies and special field equipment is rental. f. Other acceptable costs for such additional items and services as may be required by the OWNER to fulfill the terms of this Agreement. The OWNER shall make monthly payments to CONSULTANT within 30 calendar days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, accompanied by supporting evidence as required. B. The OWNER, the Minnesota Department of Transportation, Office of Aeronautics, the Federal Aviation Administration, or their authorized representatives shall have access to CONSULTANT'S records for thepurpose of accounting and audit. The CONSULTANT shall maintain all records relative to this Agreement for a period of not less than three years, subsequent to the OWNER'S final payment to CONSULTANT and until the project is financially closed -out by the Federal Aviation Administration. 4 • Owner- Consultant Agreement -4- TKDA - 03/15/95 • ARTICLE 4. EXTRA WORK AND SERVICES NOT INCLUDED IN THIS CONTRACT If CONSULTANT is of the opinion that any services it has been directed to perform is beyond the Scope of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work, it shall promptly notify the OWNER of that fact. Extra work, additional compensation for same, and extension of time for completion shall be covered by a Supplemental Agreement entered into by both parties and approved by MnDOT and FAA, prior to proceeding with any extra work or related expenditures. ARTICLE 5. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven calendar days written notice. In addition, the OWNER may at any time, reduce the scope of this Agreement. Such reduction in scope shall be set forth in a written notice from the OWNER to CONSULTANT. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may also be terminated, upon seven calendar days' written notice as provided above. In the event of termination, all documents finished or unfinished, prepared by CONSULTANT under this Agreement shall be made available by CONSULTANT to the OWNER pursuant to Article 7, and there shall be no further obligation of the OWNER to CONSULTANT under this Agreement, except for payment of amounts due and owing for • work performed and expenses incurred to the date and time of termination, computed in Ask. accordance with Article 3. In the event of a reduction in scope of the Project work, CONSULTANT shall be paid for the work performed and expenses incurred on the project work thus reduced and for any completed and abandoned work for which payment has not been made, computed in accordance with Article 3. ARTICLE 6. DISPUTE RESOLUTION In the event of an irreconcilable dispute under this Agreement, which is not resolvable through informal means, the parties may, upon written agreement, submit to the resolution process set out in this provision. Once the parties have agreed to the resolution process, each party shall have seven (7) calendar days to designate one representative, who shall have authority to act on this Agreement. If either party fails within that time to inform the other party in writing of its designation, the other party is free to pursue all other legal and equitable remedies. Within ten (10) calendar days of designation of the representative, the representatives shall meet and shall entertain such presentation of testimony and other evidence as the CONSULTANT and the OWNER may wish to present with respect to the dispute. Within seven (7) calendar days after the close of such presentation, the representatives shall resolve the dispute or either parry is free to pursue all other legal and equitable remedies. When the representatives resolve the dispute, their decision shall be final and conclusive. Should the representatives be unable to agree on a resolution of the dispute, then the parties are free to +� • pursue all other legal and equitable remedies. Each party's costs for the dispute resolution shall be bome by the respective party. Owner - Consultant Agreement -5- TKDA - 03/15/95 If the parties do not agree in writing to the resolution process set out so above, either party is entitled to pursue any other legal or equitable remedies available. • ARTICLE 7. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work, CONSULTANT shall make available to the OWNER, all maps, tracings, reports, resource materials and other documents pertaining to the work or to the Project. All such documents are not intended or represented to be suitable for reuse by the OWNER or others on extensions of the Project or any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at OWNER'S sole risk and without liability or legal exposure to CONSULTANT. In this regard, the OWNER will indemnify and hold harmless CONSULTANT from any and all suits or claims of third parties arising out of such reuse, which is not specifically verified, adapted or authorized by CONSULTANT. ARTICLE 8. DOCUMENTS FORMING THE CONTRACT The contract documents shall be deemed to include this Agreement with all accompanying attachments a part hereof. N ARTICLE 9. OWNER'S RESPONSIBILITIES 0 A. To permit CONSULTANT to perform the services required hereunder, the OWNER shall supply, in proper time and sequence, the following at no expense to CONSULTANT. Provide all necessary information regarding its requirements as necessary for orderly progress of the work. 2. Designate in writing, a person to act as OWNER'S representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive instructions, receive information, interpret and define OWNER'S policies with respect to CONSULTANT'S services. 3. Furnish, as required for performance of CONSULTANT'S services (except to the extent provided otherwise in ATTACHMENT A), data prepared by or services of others, including without limitation, core borings, probings and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right -of -way, topographic and utility surveys; 49 property descriptions; zoning, deed and other land use • restriction; and other special data not covered in ATTACHMENT A. Owner - Consultant Agreement -6- TKDA - 03/15/95 • 4. Provide access to, and make all provisions for CONSULTANT to enter upon publicly and privately owned property as required to perform the work. 5. Act as liaison with other agencies to carry out necessary coordination and negotiations; furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 6. Examine all reports, sketches, drawings, specifications and other documents prepared and presented by CONSULTANT, obtain advice of an attorney, insurance counselor or others as OWNER deems necessary for such examination and render in writing, decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT. 7. Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT'S services or any defect in the work of Construction Contractor(s), Consultants or CONSULTANT. 8. Initiate action, where appropriate, to identify and investigate Auk_ . the nature and extent of asbestos and/or pollution in the Project _ and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of these General Provisions, "pollution" shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous or toxic waste means any substance, waste, pollutant or contaminant now or hereafter included within such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. If CONSULTANT encounters, or reasonably suspects that it has encountered, asbestos or pollution, including soil contamination in the project area, CONSULTANT shall cease activity in said area and promptly notify the OWNER who shall proceed as set forth above. Unless otherwise specifically provided in ATTACHMENT A, the services to be provided by CONSULTANT do not include identification of asbestos or pollution, including soil contamination and CONSULTANT has no duty to identify or attempt to identify the same in the Project area. Owner - Consultant Agreement -7- TKDA - 03/15/95 M 9. Provide such accounting, independent cost estimating and insurance • counseling services as may be required for the Project, such legal services as OWNER may require or CONSULTANT mayreasonably request with regard to legal issues pertaining to the Project and such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract. 10. Provide such inspection services (except to the extent provided otherwise in ATTACHMENT A) as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. 11. Provide "record" drawings and specifications for all existing physical plants or facilities which are pertinent to the Project. 12. Provide written notice to CONSULTANT when the project has been financially closed -out by FAA. 13. Provide other services, materials, or data as may be set forth in ATTACHMENT A. B. CONSULTANT shall be entitled to rely on the accuracy and completeness N of information or services furnished by the OWNER. If CONSULTANT finds that any • information or services furnished by the OWNER is in error or is inadequate for its purpose, CONSULTANT shall promptly notify the OWNER. ARTICLE 10. OPINIONS OF COST Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for in ATTACHMENT A, a part hereof, are to be made on the basis of CONSULTANT'S experience and qualifications and represent CONSULTANT'S best judgment as an experienced and qualified design professional. It is recognized, however, that CONSULTANT does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any evaluation of any facility to be constructed, or reacquired, or work to be performed on the basis of CONSULTANT'S cost opinions, must of necessity, be speculative until completion of construction or acquisition. Accordingly, CONSULTANT cannot and does not guarantee that proposals, bids or actual costs will not substantially vary from opinions, evaluations or studies submitted by CONSULTANT to OWNER hereunder. so • Owner - Consultant Agreement -8- TKDA - 03/15/95 ARTICLE 11. CONSTRUCTION PHASE SERVICES OWNER acknowledges that it is customary for the architect or engineer who is responsible for the preparation and furnishing of Drawings and Specifications and other construction - related documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to interpret and clarify the documentation so furnished and to modify the same as circumstances revealed during bidding and construction may dictate, (2) in connection with acceptance of substitute or or -equal items of materials and equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to CONSULTANT'S detecting in advance of performance of affected work inconsistencies or irregularities in such documentation. OWNER agrees that if CONSULTANT is not employed to provide such professional services during the Bidding (if the work is put out for bids) and the Construction Phases of the Project, CONSULTANT will not be responsible for, and OWNER shall indemnify and hold CONSULTANT (and CONSULTANT'S professional associates and consultants) harmless from, all claims, damages, losses and expenses including attorneys' fees arising out of, or resulting from, any interpretation, clarification, substitution acceptance, shop drawing or sample approval or modification of such documentation issued or carried out by OWNER or others. Nothing contained in this paragraph shall be construed to release CONSULTANT (or CONSULTANT'S professional associates or consultants) from liability for failure to perform in accordance with professional standards any duty or responsibility which CONSULTANT has undertaken or assumed under this Agreement. • !— ARTICLE 12. INSURANCE CONSULTANT shall procure and maintain insurance for protection from claims against it under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims for damages against it because of injury to or destruction of property including loss of use resulting therefrom. Also, CONSULTANT shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent act, error, or omission for which CONSULTANT is legally liable. However, CONSULTANT hereby states and the OWNER acknowledges, that CONSULTANT has no professional liability (errors and omissions) or other insurance, and is unable to reasonably obtain such insurance, for claims, arising out of the performance or failure to perform professional services, including but not limited to the preparation of reports, designs, drawings and specifications, related to the investigation, detection, abatement, replacement, modification, removal or disposal of (1) pollutants or of (2) products, materials or processes containing asbestos. Pollutants herein under (1) above meaning any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Accordingly, the OWNER hereby agrees to bring no claim for non - negligent services, breach of contract, or other cause of action against CONSULTANT, its principals, employees, agents or consultants if such claim in any way arises out of the actual, alleged or threatened discharge, dispersal, release or escape of pollutants, or the investigation of or AM, • remedial work related to such pollutants or asbestos in the project. Owner - Consultant Agreement -9- TKDA - 03/15/95 M Certificates of insurance will be provided to the OWNER upon request. aI \:yY[ I►IY � DIY �Y Ki �IIY7� ;�ilCi7;3 The CONSULTANT in performance of work hereunder operates as an independent contractor and covenants and agrees that it will conduct itself consistent with such status, that it will neither h;4 itself out as nor claim to be an officer or employee of the OWNER by reason hereof, and that it will not by reason hereby, make any claim, demand or shall it apply for any right or privilege applicable to an officer or employee of the OWNER, including, but not limited to, workmen's compensation coverage, unemployment insurance benefits, social security coverage or retirement membership or credit. ARTICLE 14. FEDERAL AND STATE PARTICIPATION Work performed under this Agreement may be financed in part by State and Federal Funds. However, payments to CONSULTANT will be made by the OWNER. The State of Minnesota and the United States are not parties to this Contract and no reference herein to the Minnesota Department of Transportation, Office of Aeronautics and to the Federal Aviation Administration or any representatives thereof makes the State of Minnesota or the United States a party to the Contract. 40 • ARTICLE 15. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that no person or legal entity has been employed or retained to solicit or secure this contract upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona -fide employees or bona -fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the OWNER shall have the right to annul this Agreement without liability or in its discretion to deduct from payment to CONSULTANT the full amount of each commission, percentages, brokerage or contingent fee. ARTICLE 16. STANDARD DOT TITLE VI ASSURANCES If this Agreement is to be financed in part by Federal funds, the CONSULTANT shall comply with those provisions of DOT Title 49, Code of Federal Regulations, Part 21 (attached hereto as ATTACHMENT 1), which specifically relates to the furnishing and procurement of professional services. The term "Contractor" in said ATTACHMENT 1 is to be construed as the CONSULTANT. Owner - Consultant Agreement -10- TKDA - 03/15/95 • ARTICLE 17. EQUAL EMPLOYMENT OPPORTUNITY ASSURANCES CONSULTANT will comply with the provisions of applicable federal, state and local statutes, ordinances and regulations pertaining to human rights and non - discrimination. In this regard, if this Agreement is financed in part by Federal funds, the CONSULTANT shall comply with Executive Order No. 11246, entitled "Equal Employment Opportunity ", as supplemented in Department of Labor Regulations (41 CFR, Part 60), and shall have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex, and age, and which specified goals and target dates to assure the implementation of that plan. ARTICLE 18. OWNERSHIP AND DEBARMENT ASSURANCES If this Agreement is to be financed in part by Federal funds, the CONSULTANT shall comply with the requirements of and provide the certifications regarding foreign ownership and debarment as outlined in Attachment 2 of this Agreement. ARTICLE 19. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals employed by and through whom CONSULTANT performs work hereunder, shall not be assigned, sublet or transferred without the written consent of the OWNER. ARTICLE 20. NOTICES All notices required by law or by this Agreement to be given to the CONSULTANT must be written and may be given personally or by depositing the same in the United States mail, postage prepaid, and addressed to CONSULTANT at such premises and at the following address: Toltz, King, Duvall, Anderson and Associates, Incorporated 1500 Piper Jaffray Plaza 444 Cedar Street St. Paul, Minnesota 55101 -2140 All notices required or permitted to be given to OWNER hereunder shall be given by United States mail, postage prepaid, and addressed to: Mr. John Rodeberg Director of Engineering Hutchinson City Center 111 Hassan Street S.E. Hutchinson, Minnesota 55350 dim Owner - Consultant Agreement 11- TKDA - 03/15/95 so Notice shall be deemed given as of the date said notice is deposited in the mail or personally delivered. or address. The parties must notify each other promptly in the event of a change in name ARTICLE 21. CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. ARTICLE 22. SPECIAL CONDITIONS IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. r, Iwo 1 Wmej antinew • QI Lo alVW IL1�1►��.`J ATTACHMENT A ATTACHMENT B ATTACHMENT 1 ATTACHMENT 2 Owner - Consultant Agreement TKDA - 03/15/95 TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED CONSULTANT Du e T. Prew, P.E. Presi ent By Lyle W. Kratzke, P.E. Project Manager -12- • • ATTACHMENT A SCOPE OF WORK The Phase II Expansion at Hutchinson Municipal Airport consists of the following items to be accomplished under two separate sets of bidding documents: A. PROJECT NO 1 - APRON TAXIWAY AUTO PARKTNG AND ROADWAY 1. Completion of Parallel Taxiway (1000 ft. x 40 ft.) 2. Aircraft Parking Apron (270 ft. x 525 ft.) 3. Apron Floodlighting 4. Entrance Roadway (1000 LF) 5. Auto Parking Lot with Lighting (60 ft. x 250 ft.) 6. Hangar Site Preparation 7. Relocate Avgas Fueling System B. PROJECT NO. 2 - ARRIVAUDEPARTi1RE BUILDING AND FBO HANGAR 1. Pre - Engineered A/D Building (2,000 SF) 2. Pre - Engineered FBO Hangar (5,600 SF) 3. Well 4. On -Site Septic System Based on TKDA'S understanding of the Projects, we propose to provide the following services: 1. Coordinate with OWNER, MnDOT and FAA any changes in the Project scope, cost, or schedule from the Preliminary Design Phase. ATA -1 so 2. Prepare plans and specifications, contract documents, and detailed estimates for • items described in SECTION I - PROJECT DESCRIPTION. Make minor revisions and adjustments following OWNER, MnDOT and FAA review. 3. Reproduce the final plans and specifications for bidding purposes. 4. Assist in securing bids, tabulation and analysis of bid results, then forward the results to MnDOT and FAA for their use in preparing state and federal funding documents. 1. Provide administrative assistance. related to state and federal airport funding programs. 2. Revise Airport Layout Plan as necessary to show Project work. 3. Provide environmental analysis to support an FAA determination of "Categorical Exclusion ". 4. Contract with a soils testing firm to obtain soil borings, laboratory tests, and geotechnical information as needed to supplement previous borings in the Project 40 area. • 5. Provide field surveys and mapping as needed to supplement previous surveys in the Project area. 6. Prepare "Construction Safety Plan" in accordance with FAA Advisory Circular 150/5370 -2C. 7. Prepare application for necessary permits required for construction. 8. Assist OWNER in development of a DBE program and establishing Project goals for DBE utilization. If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Agreement. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the Agreement, and such billings shall be over and above any maximum amounts set forth in this Agreement. A. Permit application fees. M B. Environmental analysis in excess of 52,000. ATTA -2 • C. Soil borings, laboratory tests, and geotechnical recommendations in excess of $5,000. D. More than five trips to Hutchinson in connection with providing design services. E. Publication costs associated with advertising for bids. F. Preparation of Contract Documents for more than two Projects. G. Topographic survey costs in excess of $7,000. H. Construction phase engineering services. •uy M6 Payment to the CONSULTANT for services described in this Attachment A shall be on a "Cost - Reimbursement Plus Fixed Fee" basis as described in Agreement Article 3.A.2, subject to the following additional conditions: A. The Overhead Rate to be applied to this Agreement shall be 1.43 times Direct Salary Costs. • B. The Fixed Fee for this Agreement shall be $20,858. C. The maximum payment under this Agreement shall not exceed the amount listed hereinafter without amendment as may be necessary to cover any increases in the scope of work and/or level of effort required to complete the scope of work described: Total Reimbursable Cost $139,142 Fixed Fee 20.858 Total Contract Ceiling Amount $160,000 • ATTA -3 CONSULTANT'S SALARY SCHEDULE Senior Registered Engineer or Architect Engineering or Architectural Specialist Registered Engineer, Architect or Land Surveyor Graduate Engineer, Architect or Planner Technician or Drafter :.M 4 a� $26.27 to $38.00 $15.91 to $30.90 $14.78 to $27.81 $10.55 to $23.18 $ 7.25 to $18.00 • * Rates effective until December 31, 1996 • ATTACHMENT 1 TITLE VI ASSURANCES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the ('contractor ") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrinunation in Federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices • when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereof and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. withholding of payments to the contractor under the contract until the contractor complies; and/or • ATTl -1 b. cancellation, termination, or suspension of the contract, in whole or in part. • 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. DISADVANTAGED BUSINESS ENTERPRISES (DBE) ASSURANCES 1. Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. 2. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged • business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT - assisted contracts. ATTl -2 • ATTACHMENT 2 CLAUSE TO BE INCLUDED IN ALL SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS RESULTING FROM PROJECTS FUNDED UNDER THE AIP The contractor or subcontractor, by submission of an offer and /or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who • is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of contractor is not required to exceed that which is normally • possessed by a prudent person in the ordinary course of business dealings. ATT2 -1 This certification concerns a matter within the jurisdiction of an agency of the United States • of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. STANDARD CLAUSE FOR SOLICITATIONS, CONTRACTS, AND SUBCONTRACTS REQUIRED FOR 49 CFR, PART 29 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion: The bidder /offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/ offeror /contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS • (VERSION 2, 4/23/90) The contractor /tenant/concessionaire/lessee assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire /lessee or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. ATT2 -2 • INSPECTION OF RECORDS - 49 CFR PART 18 (VERSION 1, 1/5/90) The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. RIGHTS TO INVENTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. Information regarding these rights is available from the FAA and the Sponsor. BREACH OF CONTRACT TERMS SANCTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) Any violation or breach of the terms of this contract on the part of the contractor or subcontractor may result in the suspension or temrination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. 0 AM -3 • TOLTZ, KING, DUVALL, ANDERSON SAINT PAUL, MINNESOTA AND ASSOCIATES, INCORPORATED ENGINEERS - ARCHITECTS - PLANNERS OCTOBER 16, 1996 ESTIMATED DESIGN PHASE ENGINEERING COSTS PHASE 11 AIRPORT CONSTRUCTION HUTCHINSON MUNICIPAL AIRPORT 9 1. DIRECT SALARY COSTS: Senior Registered Engineer 200 Hrs. @ $30 = $ 6,000 Registered Engineer 800 Hrs. @ $25 = 20,000 Engineering Specialist I 80 Hrs. @ $30 = 2,400 Graduate Engineer 200 Hrs. @ $20 = 4,000 Engineering Specialist H 250 Hrs. @ $20 = 5,000 Technician 60 Hrs. @ $15 9 00 TOTAL DIRECT SALARY COSTS = • 2. TOTAL OVERHEAD (1.43 x Direct Salary) _ 3. DIRECT NON - SALARY EXPENSES: Soil Borings $5,000 Computer Service 5,000 Travel and Subsistence 1,000 Reproduction 1000 $38,300 $54,769 TOTAL DIRECT NON - SALARY EXPENSES = $ 13,000 4. SUB -TOTAL OF ITEMS 1 THROUGH 3 $106,069 5. FIXED FEE (15% OF ITEM 4) 15.911 TOTAL PROJECT NO. 1 $121,980 SAY $122,000 -1- DI B. PROJECT NO, 2 - ARRIVAL/DEPARTURE BUILDING AND FBO HANGAR 1. � Senior Registered Architect 40 Hrs. @ $30 = $ 1,200 Registered Engineer 100 Hrs. @ $25 = 2,500 Registered Architect 150 Hrs. @ $25 = 3,750 Engineering Specialist I 40 Hrs. @ $30 = 1,200 Graduate Engine[6 —er 40 Hrs. @ $20 = 800 Graduate Architect 40 Hrs. @ $20 = 800 Engineering Specialist IT 60 Hrs. @ $20 = 1,200 Technician 40 Hrs. @ $15 = 600 TOTAL DIRECT SALARY COSTS = $12,050 2. TOTAL OVERHEAD (1.43 x Direct Salary) _ $17,232 3. DIRECT NON - SALARY EXPENSES: Computer Service $2,200 Travel and Subsistence 500 Reproduction 1.000 TOTAL DIRECT NON - SALARY EXPENSES = $3,700 4. SUB -TOTAL OF ITEMS 1 THROUGH 3 $32,982 5. FIXED FEE (15% OF ITEM 4) 4.947 TOTAL PROJECT NO. 2 $37,929 SAY $38,000 • -2- CHANGE ORDER NO. CITY OF HUTCHINSON - ENGINEERING DEPARTMENT 111 HASSAN ST SE, HUTCHINSON MN 55350 16121 587 -5151 Sheet 1 of t CONTRACTOR: Juul Contractina Co m any LETTING NO. 2 PRO CT NO. 96-02 RESS: P.O. Box 189, Hutchinson, MN 55350 PROJECT LOCATION: 5th Avenue SE Arch S[ DESCRIPTION OF CHANGE: Lower and extend type A catch basin to provide connection for Solitra. Item No Spec Ref Item Name Unit Quantity Unit Price Amount INCREASE ITEMS: Reconstruct Type A Catch Basin & Lead Lump Sum 1 $1,985.00 51,985.00 TOTAL INCREASE ITEMS $1,985.00 TOTAL CHANGE ORDER NO 3 7985.00 NET INCREASE /13EE}trSE $1,985.00 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $1,985.00• add /deduce: An extension of Q days shall be allowed For completion. The original completion date was June 1, 1996 and now has been adjusted to - - - -- . 19 - . ORIGINAL CONTRACT PREVIOUS THIS TOTAL ADDITIONS /DEDUCTIONS LDInON/E)EDue-44epi $88,045.80 + $4,293.00 + $1,985.00 $94,323.80 APPROVED: Contractor DATED: APPROVED: Mayor DATED: ROVED: Director of Engineering DATED: APPROVED: DATED: in City Ali istrator q— 7q , 0 November 4, 1996 Solitra, Inc. 1065 5th Ave SE Hutchinson MN 55350 RE: Reconstruction of Catch Basin Change Order No. 3 on Letting No. 2/Project No. 96 -02 Gentlemen: As per your request, we have obtained costs on the reconstruction of a catch basin on Lot 8, Block 1, 1st Addition to Hutchinson Industrial District. The contractor would like to start this work this week, but before we can give him approval to proceed, we need a signed petition, agreement of assessment and waiver of hearing. For your convenience, we have enclosed these forms for your signature. Please sign and return both forms to this office as soon as possible, so that we can give the contractor notice to proceed. If you have any questions, please contact me. Sincerely, John P. Rodeberg Director of Engineering JPR/pv cc: Juul Contracting Company PETITION FOR LOCAL IMPROVEMENT BY 100% OF PROPERTY OWNERS NO. PROJECT • Hutchinson, Minnesota Dated: November 4, 1996 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, the owners of real property known and described as: Lot 8. Block 1. 1st Addition to Hutchinson Indusrri District (C PID 05-116-D hereby petition that such property be improved by: reconstruction of Type A Catch Basin and Lead and Appurtenances pursuant to Minnesota Statutes, Chapter 429. This petition shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. SOLI RA, INC. Printed SOLITRA, INC. a Printed N I have caused an examination to be made of the records provided by the County of McLeod, in order to ascertain the names and addresses of each person, firm or corporation having an interest in each lot, tract or parcel for which improvement is requested and against which a special assessment will be made for the entire cost of the improvement. After making search and inquiry, I am unable to find any other persons, firms or corporation who have interest other than those listed. To my best knowledge, the persons herein named are all the owners of properties affected by the petitioned improvement. CITY OF HUTCHINSON Gary D. Plotz Dated: Title: City Administrator • AGREEMENT OF ASSESSMENT, WAIVER OF HEARING AND WAIVER OF IRREGULARITY AND APPEAL LETTING NO. 2 PROJECT NO. 96 -02 This Agreement, is made this_41fL day of November 19 96 , between the City of Hutchinson, in the State of Minnesota, hereinafter referred to as the City and Solitra. Inc. hereinafter referred to as Owner. In consideration of the action of the City Council, at the owners' request, to cause the improvement of : Lot S. Block 1. 1st Addition to Hutchinson Industrial District City PI) 05- 116 -29- 06-0030 by reconstruction of Type A Catch Basin & Lead & Appurtenances , and to assess 100% of the cost of said improvements to the Owner, the Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed $2.461.40 , plus interest, over a period ten years. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. In testimony, whereof, said Owner has hereunto set his hand, the day and year first above written. SOLITRA, INC. SOLITRA, INC. By: Printed Title: Printed Name: CITY OF HUTCHINSON Mayor City Administrator 1 C,_ . RESOLUTION NO. 10778 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5006 LETTING NO.2 /PROJECT NO. 96.02 /CHANGE ORDER NO.3 WHEREAS, cost has been determined for the improvement of Lot8, Block 1, 1st Addition to Hutchinson Industrial District by reconstruction of type "A" catch basin, lead and appurtenances, and the bid price for such improvement is $1,985.00 and the expenses incurred or to be incurred in the making of such improvement amount to $476.50 so that the total cost of the improvement will be $2,461.40. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by City funds is hereby declared to be $0.00 and the portion of the cost to be assessed against benefitted property owners is declared to be $2,461.40. 3. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 4.861 percent per annum from the date of the adoption of the assessment resolution. 4. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 5. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 12th day of November, 1996. Mayor City Administrator • q— RESOLUTION NO. 10779 RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT • ASSESSMENT ROLL NO. 5006 LETTING NO. 2 /PROJECT NO. 96 -02 /CHANGE ORDER NO. 3 WHEREAS, by a resolution passed by the Council on the 12th day of November, 1996, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving Lot8, Block 1, 1st Addition to Hutchinson Industrial District by reconstruction of type "A" catch basin, lead and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The hearing on the assessments is hereby waived, as the property owners petitioned for the project and waived their rights to a hearing. Adopted by the Council this 12th day of November, 1996. Mayor City Administrator 11 CJ 1-#I RESOLUTION NO. 10780 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5006 LETTING NO. 2 /PROJECT NO. 96-02/CHANGE ORDER NO. 3 WHEREAS, pursuant to receipt of petition and waiver of hearing the Council has met and reviewed the proposed assessment for the improvement of LotS, Block 1, 1st Addition to Hutchinson Industrial District by reconstruction of type "A" catch basin, lead and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 4,LL percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from December 1, 1996, until the 31st day of December, 1997. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 1996; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 12th day of November, 1996. Mayor City Administrator N. Re: Cable Franchise Our File No. 3244 -92054 Dear Gary: • I am enclosing herewith a Resolution to be considered by the Hutchinson City Council as a 11 10 - A " item at this evening's meeting. I had a telephone conference with Alan Krumrey at the close of business on Monday regarding his frustration in so far as the provision of cable services is concerned. He advises me that he lives in the Hunter's Ridge area and that cable service has been extended to the majority of the homes but for some reason the last three homes, which he identifies as the home owned by himself, another home owned by Mr. and Mrs. Dettman and a third unidentified home, have not been given service. He has been advised that the company has no intention of providing services and that he's just going to have to "live with it." As you know, the franchise agreement does require that service be provided to all residents within the city limits of the City of Hutchinson except where insufficient densities are maintained and since service has been provided to others in the neighborhood I presume density is not an issue. I do not want to make the specific finding that the cable franchise holder is, in fact, in breech of its obligations under the franchise agreement because I cannot know that for certain without knowing their defenses to such an allegation. However, it seems to me that a resolution passed in an open meeting demanding that the cable company advise as to why they should not be considered in default ought to be sufficient to at least get their attention and • either get Mr. Krumrey and his neighbors the service they are CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ARNOLD, ANDERSON & DOVE 1 PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW n�l 101 PARK PLACE DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350 -2563 OF COUNSEL STEVEN A. ANDERSON RAYMOND C. LALLIER G. BARRY ANDERSON' (320) 587 -7575 ARTHUR L. DOTEN LAURA K. FRETLANO FAX (320) 587 -4096 TERRI A. BLOMFELT DAVID A. BRUEGGEMANN PAUL D. DOVE- RESIDENT ATTORNEY 5881 CEDAR LAKE ROAD JANE VAN VALKENBURG G. BARRY ANDERSON MINNEAPOLIS, MINNESOTA 55416 RICHARD G. MDGEE (612) 545 -9000 CATHRYN D. REHER FAX (612) 545 -1793 WALTER P. MICHELS, III FAX (612) 542 -9210 ALSO ADMITTED IN 7C%A6 AND NOw YDRR 501 SOUTH FOURTH STREET November 12, 1996 PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389 -5506 Mr. Gary D. Plotz Hutchinson City Center 111 Hassan Street SE Hutchinson, Mn. 55350 Re: Cable Franchise Our File No. 3244 -92054 Dear Gary: • I am enclosing herewith a Resolution to be considered by the Hutchinson City Council as a 11 10 - A " item at this evening's meeting. I had a telephone conference with Alan Krumrey at the close of business on Monday regarding his frustration in so far as the provision of cable services is concerned. He advises me that he lives in the Hunter's Ridge area and that cable service has been extended to the majority of the homes but for some reason the last three homes, which he identifies as the home owned by himself, another home owned by Mr. and Mrs. Dettman and a third unidentified home, have not been given service. He has been advised that the company has no intention of providing services and that he's just going to have to "live with it." As you know, the franchise agreement does require that service be provided to all residents within the city limits of the City of Hutchinson except where insufficient densities are maintained and since service has been provided to others in the neighborhood I presume density is not an issue. I do not want to make the specific finding that the cable franchise holder is, in fact, in breech of its obligations under the franchise agreement because I cannot know that for certain without knowing their defenses to such an allegation. However, it seems to me that a resolution passed in an open meeting demanding that the cable company advise as to why they should not be considered in default ought to be sufficient to at least get their attention and • either get Mr. Krumrey and his neighbors the service they are CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Gary D. Plotz November 12, 1996 page 2 entitled to or, alternatively, it will at least allow the city to find out what is transpiring here. If you have any questions regarding the foregoing, please advise. Thank you. E, PLLP • A Very truly yours, RESOLUTION NO. /O 7 D I This Resolution is made and entered into this day of November, 1996 by the Hutchinson City Council. 1*11*440034:3P 1. The City of Hutchinson, a Minnesota municipal corporation, has issued a non exclusive franchise to Midwest Cablevision or its successors and interest to provide cable television services to the residents of the City of Hutchinson; 2. The rights and obligations of said franchise were duly assumed by Triax Communications Corporation; 3. The City Council continues to be in receipt of complaints from residents and others regarding the inability or refusal of the franchise holder to provide cable television services to residents • of the City of Hutchinson and no response has been received regarding the extension of services to presently unserved areas of the community. NOW THEREFORE BE IT RESOLVED that the City Council for the City of Hutchinson demands that the cable franchise holder, under a nonexclusive grant of rights more fully set out as Ordinance Number , advise the City Council as to why it should not be found in default on its obligations to the City of Hutchinson under and pursuant to said ordinance for failure to provide services to residents within the city limits of the City of Hutchinson. CITY OF HUTCHINSON By • Marlin Torgerson, Mayor Attest: Gary D. Plotz, City Administrator 10— C FAX M E M O R A N D UM November 12, 1996 TO: Mr. Thomas Sather, Senior Developer - NEVAC, Inc. FAX 608 - 251 -6800 Ms. Miriam Dent FAX 404 -525 -2224 Mr. Barry Perkal, ALS - WovenHearts Minnesota, Inc. FAX 608 - 827 -0488 FROM: John P. Rodeberg, Director of Engineering/Public Works RE: ALS - Woven Hearts Minnesota, Inc. • Attached is the second draft of the Development Agreement for the above referenced property. The changes requested by you previously have been made. Please let me know if you have any other questions or comments. I will present the agreement to the City Council tonight for approval. cc: Gary Plotz - City Administrator Brian Solsrud - Augusta Homes • City Center III Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street S W Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 2344140 Police Services IO Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587 -2242 Fax (320) 587 -6427 Printed on recycled paper - DEVELOPMENT AGREEMENT ALS - WOVEN HEARTS MINNESOTA, INC. CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between ALS - Woven Hearts Minnesota. Inc., a Delaware Corporation, Fee Owner, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City", WITNESSETH: WHEREAS, the Subdivider is the owner and developer of property situated in the County of McLeod, State of Minnesota, which has been surveyed and legally described as follows; That part of Lot 1, Block 2, Century Court Addition; according to the plat thereof on file and of record with the McLeod County Recorder described as: Beginning at the northeast comer of said Lot], Block 2; thence South 89 degrees 08 minutes 22 seconds West (assumed bearing) along the north line of said Lot I, a disctance of 214.36 feet; thence South 00 degrees 02 minutes 25 seconds East. 215.00 feet; thence North 89 degrees 08 minutes 22 seconds East, along a line parallel with the north line of said Lot 1, a distance of 197.49 feet to a point on the east line of said Lot 1; thence North 00 degrees 02minutes 25 seconds West, along said East line, 117.10 feet to the point of curvature of a circular curve to the right; thence northerly along the east line of said Lot I, along a 294.02 foot radius curve, central angle 19 degrees 30 minutes 00 seconds, an arc distance of 100.07 feet to the point of beginning. IS WHEREAS, this property was previously included in the Subdivision Agreement for Century Court, and; WHEREAS, City Ordinance No. 464 and 466 requires the Subdivider to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: I. SUBDIVISION AGREEMENT It is understood and agreed that this Development Agreement shall supercede the Subdivision Agreement for Century Court. IL ASSESSMENTS It is understood that previous assessments to Lot 1, Block 2, Century Court Addition shall be subdivided to the new parcel described above as follows: Roll No Description (year activated) Principal SAl22A Trunk Storm Sewer (1992) $ 3,727.05 SA240A Utilities in Cleveland Ave. (1992) $ 4,663.23 SA -286 Street for Cleveland Ave. (1993) $ 2,893.14 SA -304 Street of Sunset Street (1995) $ 1516.20 • Century Court/Page I See Attachment A for assessment calculations. It is understood that all assessments for this parcel shall be paid prior to issuance of an occupancy permit, with the remainder of Lot I, Block 2 remaining in a deferred status until development occurs within the that parcel. 2. The assessment amounts note the payoff of principle for improvements serving the new parcel. Credit has been assumed for previous assessment payments. Actual payoff amounts may vary slightly, depending on if previous payments have been made. and when the final payment is received. Arrangements for payment of the above assessments shall be made with the City Finance Director. III, OTHER FEES, CHARGES AND DEDICATIONS It is understood and agreed, that a Parks and Playground Contribution shall be paid to the City, based on City Policy. This amount has been determined to be $860.00. Payment shall be made with the building permit. IV. SITE PREPARATION AND GRADING It shall be the responsibility of the Subdivider to assure that the Site Grading Plan is being conformed to during building construction within the parcel. This responsibility shall include the notification of contractors and builders as to the drainage and grading requirements for the structure. It is understood and agreed that it shall be the responsibility of the Subdivider to provide all turf establishment and erosion control necessary to protect the utilities and street improvements. The Subdivider shall also provide all erosion control during site work necessary to meet local and state requirements. The entire site shall be planted with grass, or other erosion control plantings, following completion of grading. V. GENERAL • I. It is understood and agreed that all local, state and federal permits required to be obtained for the development shall be the responsibility of the Subdivider. 2. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties 3. It is understood and agreed that the City shall record this agreement at the McLeod County Recorder's Office or McLeod County Registrar of Titles Office, and that no Building Permits will be issued until said Agreement is recorded and a certified copy of this agreement is provided to the City. All cost associated with said recording shall be paid by the Subdivider. IN WITNESS THEREOF, has hereunto set its hand this day of , 19_ SUBDIVIDER: ALS - Woven Hearts Minnesota Inc. • Century Court/Page 2 r1 LJ STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 19 Notary Public My Commission Expires APPROVED BY THE HUTCHINSON CITY COUNCIL THE DAY OF L011ro1.a:to fta� MARLIN TORGERSON, MAYOR • STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 19 ,byMadm Torgerson, Mayor and Gary D. Plotz, City Administrator of the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires Prepared by: John P. Rodeberg Director of Engineering/Public Works City of Hutchinson I 1 I Hassan Street SE Hutchinson MN 55350 (612) 234 -4208 County, Minnesota 19 GARY D. PLOTZ, CITY ADMINISTRATOR 0 Century CourtRage 3 H 1TAc 4Ml:.NT A M E M O R A N D U M November 6, 1996 TO: Barry Anderson, City Attorney Ken Merrill, Finance Director FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Century Court Assessment Split/Lot 1, Block 2 I have reviewed the request to split assessments on the above referenced lot. It is proposed to split a 1 acre lot out of the original approximately 9.6 acres. The owners have requested that the assessments be split based on lot area. Due to future assessments on Century Avenue and the added benefit of access on Cleveland Avenue and Sunset Street, it is proposed to divide the street project costs on the primary side, Cleveland Avenue, on a front foot cost. Based on this premise and the attached calculations, the payoff amount would be as follows: • Assessment SA -286 Payoff $ 2,893.14 SA -304 $ 3,516.20 SA -122A $ 3,727.05 SA 240A $ 4.663.23 TOTAL $14,799.62 This amount assumes payoff of related, remaining principle. Credit for previous assessment payments is taken into account in the above numbers. Arrangements for payment or activation of assessments will need to be made with the City Finance Director in accordance with local policies. It is still assumed that the remaining assessments to the remainder will stay in the deferred status. I will develop an amended Subdivision Agreement based on these procedures. Please contact me if you have any questions. attachment cc: City Administrator Gary Plot Augusta Homes - Brian Solsrud E City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax(320)234.4240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 2344240 Printed on recycled paper - Police Services 10 Franklin Street SW Hutchinson, MN 55350.2464 (320) 587 -2242 Fax (320) 587 -6427 0 Century Court (Lot 1, Block 2) Lot Spilt ADJUSTED PRINCIPLE FOR NEW PARCEL ON DEFERRED ASSESSMENTS o Rolt"'!:`�;� Status 1 " a" Prindiol 0 J�,Add]Vonal�'. ';�: t pit t'. 1�9 it I t SA-286 - Active - 1993 , — $4,133.05 $0.00 HIP Credit due for 3 payments made (Should be $2,893, remainip_g)____ SA-304 Active t $3,906.89 $000 i�; qj� I T 'j Credit due for 1 payment made (Should be $3,516. remaining) Sta t u s r PrIncipal, $2,925.04 Adt"aKdO hi od ,"�$ptitMeth SA-286 Active 1993 $14,839.10 $4,133.05 $10,70605 Front Foot (200' of 718.07') Street Imp./Cleveland SA-304 Active 1995 $37,506,16 $3,906.89 $33,599.27 Area (1 acre of 9.6 acres) SA-122A Deferred 1992 $28,080.37 $2,925.04 $25,155.33 Area (1 acre of 9.6 acres) I SA -240A Deferred 1992 $36,133.71 $3,659.76 $31,473.95 Area (1 acre of 9.6 acres) ADJUSTED PRINCIPLE FOR NEW PARCEL ON DEFERRED ASSESSMENTS o Rolt"'!:`�;� Status 1 " a" Prindiol 0 J�,Add]Vonal�'. ';�: 4IAdjust 6d' Principlei, t� t--,L �pg I r M�lt I ,i ° I;, "N t'. 1�9 it I t SA-286 - Active - 1993 , — $4,133.05 $0.00 $4,133.05 Credit due for 3 payments made (Should be $2,893, remainip_g)____ SA-304 Active 1995 $3,906.89 $000 $3,906.89 Credit due for 1 payment made (Should be $3,516. remaining) SA-122A Deferred 1992 $2,925.04 $802.02 $3,727.05 ------------ --- - -- ------ - - - - -- ------------- ----- --- SA-240A Deferred 1992 $3,65976 $1,003.47 -- -- $4,663.23 I TOTAL I T ---- 7 $16,430.23 1 Amount does not include credit for previously paid assessments Assessments calculated through the end of November 1996 g:lassesslspliWcent-crt wb2 Calculated November 6 1996 C) T 3 (T\ NA t November 5, 1996 Dear Council Members; In 1996 we were notified that our retail cigarette license is going from $50 to $100 in 1997. This is an unjustified and totally crazy increase in license fee. As a small business operator the raise is going to force us to reconsider whether we should even sell cigarettes. It has been as a convenience for our customers, that we have offered this service, but it seems that your council doesn't care if we make any profit, to help pay our other taxes and bills. The past few months I have contacted other businesses in the surrounding communities to check out the differences in prices compared to Hutchinson. Again, Hutchinson comes up #1 in the highest cost for a license for the same or similarly businesses. We think this is very unfair!! We feel that you should reconsider this move and try to come back to a more reasonable price using our neighboring cities as an example of more accurate and fair cost! • 10-Al � 4 � As you can see your idea of a fair price doesn't even come close to what other towns are charging. Even a town as big as Willmar is more reasonable. Hutch Bowl Hi- Tops /Flyers • Citgo Freedom Valu Food n Fuel Amoco Tom Thumb Total A6 (W- -rd y The following is a list of surrounding towns & their license fees: Arlington $12.00 New Auburn $12.00 Cokato 12.00 Darwin 12.00 Dassel 15.00 Fairfax 12.00 Gaylord 12.00 Gibbon 12.00 Glencoe 12.00 Lester Prairie 12.00 Mankato 20.00 New Auburn 12.00 Plato 12.00 Silver Lake 25.00 Waconia 35.00 Waverly 12.00 1 Willmar 25.00 Winthrop 12.00 As you can see your idea of a fair price doesn't even come close to what other towns are charging. Even a town as big as Willmar is more reasonable. Hutch Bowl Hi- Tops /Flyers • Citgo Freedom Valu Food n Fuel Amoco Tom Thumb Total A6 (W- -rd y ;MMEDIATE PAY COUNCIL REPORT TUE, NOV 12, 1996, 2:05 PM ---- -- — --- --- -------- - ---------- -- --- --- ---- — -- 1 � o H TIDS JOHNSON, LEONARD G. EARNEST MONEY c *> 19 4 PARKING BDS MCLEOD COUNTY TITLE LAND ENERGY LOAN FD c *> GENERAL FUND HOUSING REDEV LIQUOR STORE PAYROLL FUND LANG &, RANDY ARM OF MINNESOTA BROWNS GREENHOUSE DEPT NATURAL RESOURCES MACIA MN SAFETY COUNCIL VIKING COCA COLA BLAZINSKI, LISA COMPULINK LOAN SERVICES HRA KAHLE, DAVID MONTES &, JOANN ESCROW ACCOUNT page 1 $500.00 $500.00* REG -TOM KLOSS GERANIUMS DNR REG FEES 1/2 MEMBER DUES REG -SCOTT HANSON POP PURCHASED FOR FAIR WINDOWS APPLY TO LOAN #830530 -H DEAN ADMIN FEES ROOF, WINDOWS, STUCCO ELECTRICAL WORK CITY OF HUTCHINSON LOTTERY PYMT CITY OF HUTCHINSON- GENERAL FUN PAYROLL 10/25/96 QUALITY WINE & SPIRITS CO. OCT LIQUOR CREDIT UNIVERSAL PUBLICATIONS ADVERTISEMENT AETNA VARIABLE LIFE ASS GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA - D.C.P. PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT WATER /SEWER FUND MN SECTION CSWEA c *> CO. EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB EMPLOYEE CONTRIB REG -RANDY DEVRIES $37,619.16 $37,619.16* $8,000.00 $8,000.00* $240.00 $63.17 $2,322.00 $812.50 5165.00 $176.32 $3,778.99* $6,600.00 $1,520.69 $2,819.25 $10,000.00 $2,150.00 $23,089.94* $2,124.00 $6,666.06 $1,063.16 $180.00 $10,033.22* 770.00 100.00 $159.61 $2,501.91 $112.50 $52.02 $180.00 $30.00 $14,753.14 $448.46 $150.00 $31,583.64 $50,841.28* $80.00 $80.00* $133,942.59* 11 / A , OPEN -HOLD COUNCIL REPORT TUE, NOV 12, 1996, 2:05 PM page 1 -- 1980 -- -- - TIDS ---- -------- ------- - ELKS LODGE #2427 - ------- - - ------ - ------ ------ PRINCIPAL PAYMENT - --- $10,000.00 -- --- - ---- Is *' MCLEOD COUNTY RECORDER FILING FEES $65.00 $10,065.00* 1984 PARKING BDS HUTCHINSON LEADER DEMO NOTICE $176.16 SOUTHERN MN CONSTRUCTION CO GRINDER $1,400.00 *' $1,576.16* 1987 IMPROV. BDS FIRSTAR BANK OF MINNESOTA INTEREST PYMT $10,350.00 < *' $10,350.00* 1986 IMPROV. BDS FIRSTAR BANK OF MINNESOTA FEES $213.56 < *' $213.56* 1994 IMPRO CONST S J LOUIS CONSTRUCTION INC 94/1,12 EST 7 $5,922.09 < *' $5,922.09* 1995 IMPRO CONST BAUERLY BROS INC. 95/L7 EST 8 $10,340.06 RANDY KRAMER EXCAVATING INC 95/L14 EST 10 $11,876.75 < *' $22,216.81* 1996 IMPRO CONST CASH DRAWER #4 BID SECURITY $10.00 QUAM CONSTRUCTION 97 L1 /EST 2 $28,546.00 WM MUELLER & SONS 96/L7 EST 4 $30,519.69 ` *' $59,075.69* AIRPORT RENOVAT. TKDA PROFESS SERV -PHASE II $6,866.39 < *' $6,866.39* CAP.IMPRO.FUND LOUIS OCT COMPUTER CHARGES $939.83 < *' $939.83* GARAGE BRANDON TIRE CO TUBE, MOUNT /DISMNT $107.33 CARQUEST AUTO PARTS FILTERS $543.21 CITY OF HUTCHINSON NOV MED $432.09 COAST TO COAST SUPPLIES $175.97 FORTIS BENEFITS NOV LTD $19.63 G & K SERVICES SHOP TOWELS $81.00 HARPEL BROS.INC DAMPER $130.45 HUTCH COOP CENEX TIRE REPAIR $40.08 HUTCHINSON WHOLESALE SUPPLIES $277.01 JERABEK MACHINE SERV CAPSCREW, CUTTING $394.24 JERRYS TRANSMISSION REPAIR FUEL LINE, INJECT LINE $1,195.11 L & P SUPPLY CO REPAIRS 4 WHEEL DRIVE TRACTOR $885.35 MACQUEEN EQUIP INC CONTROL CABLE ASSY, KNOB $74.71 MEIER, DOUG REIMB FOR COMPUTER COURSE $82.00 MN MUTUAL LIFE NOV LIFE $6.93 MTI DIST.CO 4WD MOWER $27,632.71 PLOWMANS REPAIRS TO 94 FORD $1,034.02 POSTAGE BY PHONE OCT POSTAGE $7 RUNNING'S SUPPLY HITCH HANDLE $4.31 SHOPKO PHOTO PROCESSING $2.86 STANDARD MOTORS PARTS $18.57 SWEENEY BROS TRACTOR WASHER, BUSHING, SEAL $1,150.89 TEPLY EQUIPMENT ALTERNATOR & REGULATOR $308.15 TERMINAL SUPPLY CO BATTERY TERMINAL $222.57 TOWN & COUNTRY TIRE ALIGNMENT $54.95 W.D. COOLING CLINIC CLEAN & REPAIR RADIATOR 115.00 WELDING SYSTEMS INC 5/32 CRONAWELD 315 123.08 WIGEN CHEVROLET CO T /SIG SW $25.78 < *' $35,145.04* CITY HALL CONST. QUADE ELECTRIC LABOR & SUPPLIES -NEW LIGHTS $481.19 REINER LANDSCAPING VICTORIAN CIRCLE PAVER $2,168.25 SOUTHERN MN CONSTRUCTION CO GRINDER $1,400.00 < *' $4,049.44* OPEN -HOLD COUNCIL REPORT TUE, NOV 12, 1996, 2:05 PM 2 page PAL FUND ----------------------------- ------- ------ AAGARD WEST ----- ------ ------ _- _-------- NOV SERVICE __- $814.20 _--- - -____ ABDO ABDO & EICK 1995 FINANCIAL STMTS $2,250.00 ALLEN OFFICE PROD SCENIC PAPER $4.79 ALLIED SERVICES OF HUTCHINSON DRAIN PLUGGED $857.23 AM.WELDING SUPPLIES WELDING SUPPLIES $15.85 ARCHER, KURT HOURS WORKED $65.00 ARNDT, BILL ELECTION JUDGE $72.50 ARNOLD & MCDOWELL OCT COMPENSATION $6,871.00 ASCE 1997 DUES $155.00 BECK, VIRGINIA ELECTION JUDGE $35.00 BECKER ARENA PRODUCTS ICE PAINTING SERVICE, PAINT $630.04 BENNETT OFFICE SUP. TONER $38.29 BERG, JOY SINGING SERVICES FOR SR DANCE $25.00 BLACK HILLS AMMUNITION AMMUNITION $119.50 BLACK, JOANN ELECTION JUDGE $72.50 BONNIWELL, JACK REFUND VARIANCE REQUEST $75.00 BRADLEY, DOROTHY REFUND -CLASS CANCELLED $22.00 BRANDON, HOWARD REFUND- NON - RESIDENT FEE $6.00 BRAUN INTERTEC CORP PROFESS SERV -PVMT MGMT SYST $13,801.20 BREMIX CONCRETE CO CYLINDERS, TILE $166.25 BRUNNER, DOLORES ELECTION JUDGE $70.00 BUS. RECORDS CORP. ELECTION CODING, BATTERY $666.70 CARQUEST AUTO PARTS PARTS $257.41 CARR FLOWERS GREEN PLANT -CAROL ARLT $21.30 CASH DRAWER #4 POP $51.80 CASH WISE SUPPLIES $144.58 CENTRAL GARAGE OCT REPAIRS $14,123.94 CENTURY LABS RODENT PACKS $82.35 CHAMPION AUTO 3 FT HOSE $6.44 CITY OF HUTCHINSON LOAN PYMT $96,014.93 COAST TO COAST BULBS $274.93 COMPRESS AIR PRESS SWITCH, LABOR, MILEAGE $542.07 CROSS, KARLA ELECTION JUDGE $72.50 CROW RIVER AREA QUALITY COUNCI MEMBERSHIP 96 -97 $50.00 DAGGETT, DORIS ELECTION JUDGE $81.25 DAIRY QUEEN TREATZZA PIZZAS $33.93 DEPT NATURAL RESOURCES DNR REG FEES $1,313.00 DEPT OF PUBLIC SAFETY -OISM FCONNECT & OPERATING CHARGES $390.00 DOMINO'S PIZZA PIZZAS, POP $231.33 DTN EAST - FARMDAYTA SUBSCRIPTION $714.10 DYNA SYSTEMS HEAT GUN, ACCY KIT, SFTY GLASS $69.63 ECOLAB PEST ELIM PEST CONTROL $22,37 EMANS, BRAD MLG,DIEM,HOTEL -MN FIRE CHIEFS $199.18 EMANUEL, LAURA REIMB- OVERPYMT LEAGUE FEE $4.00 EMERGENCY MEDICAL PRODUCTS SUPPLIES $2,681.79 FAMILY REXALL DRUG FILE $22.29 FASCHING, JOSHUA HOURS WORKED $144.00 FITZLOFF HARDWARE SUPPLIES $164.89 FLANAGAN SALES CLEVIS FOR CHAIN $137.42 FORCIER, GARY REIMB- SHARPENING $7.80 FORESTRY SUPPLIERS FLAGGING $27.21 FORTIS BENEFITS NOV LTD $1,455.59 FWD CORP /SEAGRAVE FIRE APPARAT SHAFT AXLE REAR $1,450.86 G & K SERVICES UNIFORMS $929.10 GILBERTSON, ANNA REFUND - CANCELLED FROM CLASS $68.00 GILHOUSEN, PAMELA REFUND -CLASS CANCELLED $5.00 GREAT PLAINS SUPPLY LUMBER $207.96 GROEHLER, FLOYD MEALS, MILEAGE -MN ASSOC CEMET $41.49 H & B SPECIALIZED PRODUCTS PULLEY SHEAVES $141.32 HAAS, VIOLA HAGEN, RUTH ELECTION JUDGE $81.25 ELECTION JUDGE $81.25 HAGER JEWELRY PLATES, ENGRAVING 132.06 - HANSEN TRUCK SERVICE SERVICE CALLS 275.47 HAUGEN, MARV REFUND- CANCELLED FROM CLASS $90.00 HCVN - TV REIMBURSE TO HCVN $16,061.91 HEIMAN FIRE EQUIPMENT FIREMEN GLOVES $778.19 HENRYS FOODS INC COFFEE $104.40 HENSEN, MARK REIMB- SAFETY GLASSES $72,09 HILLYARD FLOOR CARE / HUTCHINSON KITCHEN TOWEL, CLEANER $337.93 HUTCH CONVENTION & SEPT LODGING TAX $4,466.01 HUTCH COOP CENEX SOLVENT $404.10 HUTCH MEDICAL CENTER PHYSICAL $371.00 HUTCH PLBG & HTG CO INSTALL VENT CAP $368.68 HUTCH TECH COLLEGE CONFLICT RESOL /COACHING -H SITZ $320.00 HUTCHINSON LEADER ADV $1,199.77 HUTCHINSON TEL CO NOV SERVICE $6,238.16 OPEN -HOLD COUNCIL REPORT TUE, NOV 12, 1996, 2:05 PM page 3 G EPAL FUND HUTCHINSON UTILITIES CHANCE FOUNDATION $5,610.06 H111 WHOLESALE SUPPLIES $26.93 ICBO ANNUAL DUES $85.00 INK SPOTS ENVELOPES $268.23 JACKSON & GIBBENS JACKET $37.95 JEFF'S ELECTRIC LAMPS, LABOR TO REPAIR $126.00 JENSEN, ROXANNE ELECTION JUDGE $72.50 JOES SPORT SHOP PLAQUES $12.78 JOHNSON, DOUG L. REIMB FOR 3 BELT KEEPERS $7.99 JOLLY WOODCHOPPER, THE DANCE MUSIC FOR SR DANCE $75.00 K MART BLINDS $113.84 KEGLEY, GINNY REFUND- CANCEL FROM CLASS $38.00 KELLY, STACY HOURS WORKED $49.50 KERKVLIET, MARY ANN REFUND - CANCEL FROM CLASS $5.00 KINSKY, MATTHEW REFUND -CLASS CANCELLED $5.00 KNIGGE, DARLEEN ELECTION JUDGE $67.50 KOEHLER, ANNETTE ELECTION JUDGE $72.50 KOENIG, MAIZIE REFUND -CLASS CANCELLED $22.00 KURTH, ELIZABETH REFUND -CLASS CANCELLED $5.00 L & P SUPPLY CO STABIL $13.40 LADD, LARRY ELECTION JUDGE $72.50 CARSON, ETHEL ELECTION JUDGE $72.50 LEAGUE OF MN CITIES CLAIM FILED $70.47 LENNES, RICHARD OCT COMPENSATION $2,292,78 LEVY, NORITA 2 RED POINSETTIA $16.00 LEWANDOWSKI, ANN REFUND -CLASS CANCELLED $22.00 LOGIS OCT COMPUTER CHARGES $5,306.68 LONG LAKE TRACTOR & EQUIP LAMP ASSY $24.71 LUDOWESE, JOYCE REFUND- CANCELLED SKATING CLASS $30.00 LUND, KARLA REFUND -CLASS CANCELLED $22.00 MALLAK, MIKE HOURS WORKED $152.00 MARQUARDT, DIANNE ELECTION JUDGE $81.25 MCGARVEY COFFEE INC COFFEE $30.00 MCLEOD COUNTY RECORDER FILING FEES $39.00 MEEKER SAND & GRAVEL SAND $675.97 MERKINS, KYLE TOURNAMENT STAFF $99.75 MID -MN HOT MIX INC BLACKTOPPING CENTURY & FREMNT $7,738.98 MILLER, SEDONA ELECTION JUDGE $81.25 MILLS, JAMES ELECTION JUDGE $81.25 MINNCOMM PAGING NOV SERVICE $27.16 MN DEPT OF HEALTH PLAN REVIEW FEE $150.00 MN DEPT OF REVENUE NOVELL NETWARE 4.1 $176.73 MN ELEVATOR INC. ELEVATOR SERVICE $67.90 MN MUTUAL LIFE NOV LIFE - COBRA - MATTSFIELD $543.06 MN REC & PARK ASSC ANNUAL CONF. $1,019.00 MN TURF & GROUNDS FOUNDATION REG -JOHN ARLT $150.00 MORE 4 SUPPLIES $134.55 MPCA APPLICATION FOR PERMIT $480.00 MURPHY GRANITE CARVING REPAIRS TO VANDALIZED MONUMTS $250.00 NATL FIRE PROTECTION ASSC SUBSCRIPTION RENEWAL $450.00 NICKLASSON ATHLETIC CO VOLLEYBALLS $1,194.89 NO STATES SUPPLY INC BRUSHES, CORD, TRERM, LABOR $87.16 NORTH STAR TURF INC GENERAL TURF MIXTURE $71.98 NSPE 1997 MEMBERSHIP DUES $228.00 OLSON, MARGARET ELECTION JUDGE $70.00 ONDRACEK, KIRK YOUTH FOOTBALL COACH $168.00 PADRNOS, ERIC HOURS WORKED $136.00 PALMER, DWAINE REFUND -CLASS CANCELLED $5.00 PARTIES PLUS DOLLIES, CONFETTI, CANDLE $22.68 PEACE LUTHERAN CHURCH 70 MEALS $350.00 PERFORMANCE COMPUTER FORMS COMPUTER FORMS POCK & CO,R.L. 1997 DIRECTORY ,5142.29 $464.00 POSTAGE BY PHONE OCT POSTAGE $1,162.05 PROCHNOW, EVELYN ELECTION JUDGE $81.25 QUADE ELECTRIC REPAIR SIRENS $321.59 R&R SPECIALTIES INC SPREADER, PULLEY, WASHER, RING $172.97 R.P.UTILITIES REFUND TREE BALANCE NOT USED $150.00 REDMAN BRICK & TILE CO FLOWER POT FOR SNUFFER $37.28 RENNICK, JOHN REFUND -CLASS CANCELLED $5.00 ROSENOW, PAUL HOURS WORKED $96.00 RUNKE, JOLEEN REIMB MILEAGE - PAYROLL SEMINAR $28.50 RUNNING'S SUPPLY GLOVES $74.58 SCHMIDT, HARRIET ELECTION JUDGE $72.50 SCHRAMM, STEVE MLG, DIEM, HOTEL -MN FIRE CHFS $322.77 SCHUMANN, KARA REFUND - CANCEL FROM CLASS $16.00 ' SCHWANS SALES ENTERPRISES INC CHARGED SALES $47.34 JPEN -HOLD COUNCIL REPORT TUE, NOV 12, 1996, 2:05 PM page 4 ------- ----- RAL FUND ---- - - ---- _-_-------__--__---_------___------___-----___--___---_--__--- SCHWARTZ, CARRIE HOURS WORKED $31.50 SEALE, PEARL ELECTION JUDGE $72.50 SERVATY, TOM YOUTH FOOTBALL COACH $144.00 SERVICEMASTER CLEANED CARPETS $713.55 SHOPKO BATTERIES AAA $92.87 SITZ, HAZEL REIMB MILEAGE -MN PUB TRANSIT $45.00 SMITH, TIM HOURS WORKED $128.00 SORENSEN FARM SUPPLY SEWER CLEANER $13.31 STANDARD PRINTING 23 X 35 SHEETS 65.86 STAR TRIBUNE PAPER THRU 2/26/97 24.05 STEELE, DAN MLG, DIEM, HOTEL -MN FIRE CHFS $322.77 STREICHERS THROAT PROTECTORS $216.02 SUPER 8 MOTEL ROOM CHGS- TOURNAMENT OFFICIALS $55.83 TEMPLETON INC OCTOBER EMPLOYER CONTRIB $238.90 TEWS, CLARA ELECTION JUDGE $72.50 TOWN & COUNTRY TIRE FIND & REPAIR LEAK $5.00 TRI CO WATER COND SOFTNER RENTAL, SALT $61.25 TWO WAY COMM INC BATTERY $95.85 UNIFORMS UNLIMITED SLACKS, THERMOLITE LINERS $515.54 UNITED BLDG CENTERS SWEEP ALACR. $36.02 VANHALE, EVELYN ELECTION JUDGE $37.50 VFW POST 906 SENIOR DINNER -55 SERVED $385.00 VIKING OFFICE PRODUCTS FAX PAPER $15.55 WAL -MART TRASH CAN, FILM $59.29 WEGNER, GRANT HOURS WORKED $144.00 WESELOH, PHYLLIS ELECTION JUDGE $72.50 WIBSTAD, MASON YOUTH FOOTBALL COACH $72,00 WICK, JUNE ELECTION JUDGE $72.50 WIXCEY, HARRIET ELECTION JUDGE $72.50 WOOGIM'S COFFEEHOUSE MISC BEVERAGES $20.49 XEROX COPIES, TRADE ALLOWANCE $294.17 < *> $217,198.40* HAT -FAC. CONST. BACHMAN'S TREES /SHRUBS $692.04 GREAT PLAINS SUPPLY PAINTERS CLK $1,691.96 HUTCHINSON LEADER OPEN HOUSE $99.50 MCLEOD COUNTY HIGHWAY DEPT. HARD COSTS FOR PAVING $2,777.00 MN ELECTRIC SUPPLY CO ELECTRICAL SUPPLIES $104.33 *� Is SOUTHERN MN CONSTRUCTION CO GRINDER $1,400.00 $6,764.83* HOUSING REDEV HRA ADMINISTRATION FEES $1,400.00 < *> $1,400.00* HUTCH TRANS FAC. CASH WISE DELI CATERING $480.13 COAST TO COAST CLEANERS $52.51 ED DAVIS BUS MACH TYPEWRITER $137.39 G & K SERVICES MATS, MOPS $187.90 HUTCHINSON TEL CO NOV SERVICE $215.52 HUTCHINSON UTILITIES OCT GAS & ELEC $1,872.25 MCGARVEY COFFEE INC COFFEE $30.00 MID CON SYSTEMS INC SAMPLER $106.52 MN DEPT OF REVENUE DET 525 AX /MS 11GV, HARN TYPE $64.22 NAIL BUSINESS FURNITURE INC MAGAZINE RACK $168.95 PEEK TRAFFIC DET 525 AX /MS 110V, HARN TYPE $993.54 POSTAGE BY PHONE OCT POSTAGE $5 REDMAN BRICK & TILE CO SNUFFER W /TRAY $73.49 SCHMELING OIL CO DIESEL FUEL $6,183.20 WITTE SANITATION OCT SERVICE $63.37 < *> $10,634.21* INSURANCE FUNDS CASH DRAWER #4 SANDWICHES $12.78 STANDARD PRINTING 50 SHEETS CREAM PAPER $4.26 < *' $17.04* LIQUOR STORE AAGARD WEST NOV SERVICE $45.20 AM.LINEN SUPPLY CO OCT DELIVERIES $131.98 ANDERSON, MIKE REIMB- REPAIRS TO CART $12,22 BERNICKS PEPSI COLA OCT POP PURCHASES $601.07 CDI OFFICE PRODUCTS LTD SEPT & OCT PURCHASES $183.01 CHAMBER OF COMMERCE BOOTH AT FOOD FARE $10.00 QPEN -HOLD COUNCIL REPORT TUE, NOV 12, 1996, 2:05 PM page 5 ---------------------------- LOR STORE ----------- ------ CHUCK'S REF --- ---- -- ---" --------------------------- FILTERS, LABOR $242.00 CITY OF HUTCHINSON YEARLY LOAN PYMT $40,345.18 CITY OF HUTCHINSON- GENERAL FUN PAYROLL 11/8/96 $7,212.71 COAST TO COAST OCT PURCHASES $61.58 DISTRIBUTION COMPANY OF AMERIC MUGS $144.00 ED PHILLIPS & SONS CO. OCT LIQUOR PURCHASE $2,814.03 FORTIS BENEFITS NOV LTD $36.85 FRIENDLY BEVERAGE CO OCT BEER PURCHASE $1,143.50 GRIGGS COOPER & CO OCT LIQUOR PURCHASE $17,959.48 HENRYS FOODS INC OPERATING SUPPLIES $1,963.31 HERMEL WHOLESALE OPERATING SUPPLIES $326.88 HUTCHINSON LEADER OCT ADVERTISING $141.48 HUTCHINSON TEL CO NOV SERVICE $150.36 HUTCHINSON UTILITIES OCT GAS & ELEC $773.94 JOHNSON BROTHERS LIQUOR CO. OCT LIQUOR PURCHASE $23,514.41 JORDON BEVERAGE INC. OCT BEER PURCHASE $1,255.30 K D U Z OCT ADVERTISING $39.00 LENNEMAN BEVERAGE DIST. INC OCT BEER PURCHASE $4,169.05 LEO'S TRANSFER OCT 2ND HALF FREIGHT $707.34 LOCHER BROS INC OCT BEER PURCHASE $14,133.68 LUNDHOLM, LORI CLEAN WINDOWS $42.60 MN MUTUAL LIFE NOV LIFE $13.02 MORE 4 SUPPLIES $47.93 NELSEN, LORI REIMB - MATCHES $3.98 PAUSTIS & SONS OCT BEER PURCHASE $2,366.95 POSTAGE BY PHONE OCT POSTAGE $28.71 QUALITY WINE & SPIRITS CO. NOV LIQUOR PURCHASE $2,697.01 SEGAL WHOLESALE OCT TOBACCO PURCHASE $1,488.66 SHOPKO PORT DESK TOP $37.26 STANDARD PRINTING CASSETTE, CALCULATOR, CLIPBRDS $286.36 TRI CO WATER COND WATER DELIVERIES $36.90 TRIPLE G DISTRIBUTING INC OCT POP PURCHASE $13,695.00 VIKING COCA COLA OCT POP PURCHASES $45.20 < ;> $138,907.18* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EMPLOYEE CONTRIB $770.00 AMERICAN FAMILY INS CO. EMPLOYEE CONTRIB $89.16 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB $100.00 Is H.R.L.A.P.R. EMPLOYEE CONTRIB $159.61 ICMA RETIREMENT TRUST EMPLOYEE CONTRIB $4,466.04 PERA LIFE INS CO. EMPLOYEE CONTRIB $130.50 PERA- D.C.P. EMPLOYEE CONTRIB $52.02 PRUDENTIAL EMPLOYEE CONTRIB $180.00 PRUDENTIAL MUTUAL FUNDS EMPLOYEE CONTRIB $30.00 PUBLIC EMPLOYEES EMPLOYEE CONTRIB $14,619.02 TEMPLETON INC EMPLOYEE CONTRIB $448.46 WADELL & REED EMPLOYEE CONTRIB $150.00 WITHHOLDING TAX ACCT EMPLOYEE CONTRIB $31,007.94 <*> $52,204.75* RURAL F. D. HUTCH COOP CENEX OCT FUEL $5.77 KUTTNER, RICHARD MEALS, MILEAGE -PKUP WATER IRK $120.46 LINGBEEK, CHUCK MILEAGE, DIEM $116.80 MIDWEST FIRE EQUIP & REPAIR CO REPAIRS PER ESTIMATE $5,312.50 <*' $5,555.53* WATER /SEWER FUND AAGARD WEST OCT SERVICE $26,454.10 ALLIED SERVICES OF HUTCHINSON REPAIR LEAKING BOILER LINES $1,410.56 AM.PUBLIC WORKS ASSN MEMBERSHIP FEES - 1997 $325.00 AM.WATER WORKS ASSN 1997 MEMBERSHIP DUES $175.00 BRANDON TIRE CO TUBE, MOUNT /DISMNT $33.38 BUSINESSWARE SOLUTIONS INKJET CRTG $170.66 CAMERA SHOP DEV & PRINT $51.44 CASH DRAWER #4 POSTAGE $5.60 CDI OFFICE PRODUCTS LTD TRAY, TISSUE $136.92 CENTRAL GARAGE OCT REPAIRS $117.42 CHEMSEARCH X -ICE $154.47 CITY OF HUTCHINSON NOV MED $4,266.71 COAST TO COAST SUPPLIES $193.45 CROW CHEMICAL CO DISP COVERALLS $89.88 CULLIGAN WATER COND SALES, RENTAL $75.15 DANO ENTERPRISES ECOLOBAG $1,107.00 DEVRIES, RANDY REIMB MEALS -OEA GRANT MTG $238.59 OPEN -HOLD COUNCIL REPORT TUE, NOV 12, 1996, 2:05 PM 6 page ---------------------------------------------------------------------------------------------------- WATER /SEWER FUND EBERT, RICHARD REIMB REGIST -D EBERT, J LANZ $50.00 FISHER SCIENTIFIC LAB SUPPLIES $1,107.30 FITZLOFF HARDWARE FAN, VALVE $21.92 FORTIS BENEFITS NOV LTD $201.46 G & K SERVICES UNIFORMS $343.54 HACH COMPANY LAB SUPPLIES $155.12 HARRIS CONTRACTING SEPT PM INSPECTION $1,922.71 HUTCH COOP CENEX OCT FUEL, LP GAS BOTTLE $35.37 HUTCH MEDICAL CENTER DRUG TESTING $35.00 HUTCHINSON LEADER PICKUP $1,613.12 HUTCHINSON TEL CO NOV SERVICE $615.15 HUTCHINSON UTILITIES POSTAGE FOR 10/8/96 $17,923.91 IMPERIAL PORTA THRONES SEPTEMBER RENT $49.53 JOHN HENRY FOSTER MINNESOTA VAC PUMP $212.73 L & P SUPPLY CO BLADE $44.95 LAB SAFETY SUPPLY INC DISP GLOVES $216.58 LOGIS OCT COMPUTER CHARGES $2,648.67 MCGARVEY COFFEE INC COFFEE $34.80 MCNELLY GROUP OCT PYMT COMPOSTING LEASE $12,208.00 METTLER INSTRUMENT CORP. UNT LABOR ELEC TOPLOADER $98.00 MIDWEST MACHINE TOOL SUPPLY SOLVENT, DETERGENT, VALVE $42.82 MN MUTUAL LIFE NOV LIFE 70 77 MN VALLEY TESTING LAB WATER TESTS $153.00 NALCO CHEMICAL CO. NALCO WATER STABIL $10,557.34 NCL NITRIF INHIB, THERMOMETER $232.21 PAPER SERVICE CO RETURN WIPERS $17.30 POSTAGE BY PHONE OCT POSTAGE $178.98 QUADE ELECTRIC 120MB LAMPS $10.65 RUNNING'S SUPPLY RAINSUIT, GLOVES $70.85 SAFETY FIRST PROGRAMS /PROCED & TRAINING #1 $632.00 SANIFILL INC LOADS FOR 10/14 TO 10/18 $4,062.79 TEK MECHANICAL THREADED ROD, ANCHORS, BELT $1.51 TKDA PROFESS SERV & EXPENSES $460.86 WITTE SANITATION TRUCK TIME & LABOR $109.38 < }> $91,143.65+ $680,245.60• Electronic Transfers MN Dept of Revenue Payroll Taxes 6,152.96 MN Dept of Revenue Liquor Sales Tax 15,164.00 4b r ARNOLD, ANDERSON & DOVE . �R YoU ffNro 4r to N PROFESSIONAL LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW DAVID B. ARNOLD STEVEN A. ANDERSON G. BARRY ANDERSON' LAURA K. FRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE JANE VAN VALKENBURG RICHARD G. McGEE CATHRYN D. REHER WALTER P. MICHELS, III 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA S5416 -1492 OF COUNSEL RAYMOND C. LALLIER ARTHUR L. DOTEN TERRI A. BLOMFELT lPL ADMITTED IN TE) 5 AND N[ YORK October 22, 1996 (612) 545 -9000 FAX (612) 545 -1793 FAX (612) 542 -9210 Gary D. Plotz, City Administrator Hutchinson City Center 111 Hassan Street S.E. Hutchinson, MN 55350 RE: Shopko Matter (Environmental Issues) Our File No. 3244 -89031 Dear Gary: 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 3892214 FAX (612) 369 -5506 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (320) 587 -7575 FAX (320) 587 -4096 0 Cf 2 4 1996 .. _i ION, This correspondence is for the purpose of bringing yourself and the council up to date on the status of this matter. Please include this correspondence in the next council packet as a for your information item. As you may recall, cleanup on this site began coterminous with the Shopko development in 1990. You may recall some recent correspondence from Maxim Technology, the successor firm to Twin City Testing, dealing with the recommendation to close the site because the cleanup had been completed. I was advised by telephone by engineer Kleiter that indeed the MPCA has accepted the recommendation of our consultant and the site has now been closed. There are, of course, remaining details that need to be attended to including the destruction of the small building on site, the closing and abandonment of the wells and asphalting of the affected areas. Our consultants were confident that we could get all of the work completed by Thanksgiving with the possible exception of the application of any asphalt because of your temperature considerations. It would not surprise me if the asphalt work is not completed until spring. • There will, of course, as there always is, be wrap up paperwork and a final application to the Petro Fund and based on the delays that I am experiencing with other claimants concerning the Petro Fund, I fully expect those efforts to continue well into the next year. However, the CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Gary D. Plotz October 22, 1996 Page 2 cleanup process itself has been completed and that is certainly good news for everyone. Should you have any questions in connection with this matter, please advise. Thank you. Best regards. Very truly yours, ARNOLD, ANDERSON & DOVE, P.L.L.P. —Z 4 G. Ba= Anderson GBA cc: Maxim Technology Twin City Testing Division Attention: Engineer Kleiter 662 Cromwell Avenue St. Paul, MN 55114 LJ I MEMO To: Planning Staff, Planning Commission and City Council From: Bonnie Baumetz Subject: CONVERSATION WITH MR. BILL WEBER, BRW, REGARDING INTENT OF THE LOT DIMENSIONS IN THE R -2 DISTRICT Date: November 6, 1996 I spoke with Bill Weber of BRW this morning regarding the intent of our zoning ordinance concerning lot width for two - family dwellings in the R -2 district. He stated that 105' seems to be quite wide and he does not recall the intent of placing that number in our ordinance other than • possibly, at the time, other cities such as Vadnais Heights were using 105' for lot width in this instance. He suggested it is not wise to use numbers from other cities since each city is different with varying needs. Bill also stated the movement now is toward narrower lots and there is no magic number. FOR YOUR NFORMATION In our discussion, Bill pointed out that cities must use a common sense approach in making decisions regarding lot width requirements. He stated it is most important to meet the side yard setbacks and keep the aesthetics of the neighborhood in mind. A duplex or twin home should not look "squeezed" on to a lot in a single family development. He suggested amending the ordinance to accomodate the needs for the City of Hutchinson. • City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 (320) 587 -5151 Fax (320) 2344240 Parks & Recreation 900 Harrington Street SW Hutchinson, MN 55350.3097 (320) 587 -2975 Fax (320) 2344240 Police Services 10 Franklin Street SW Hutchinson, MN 55350 -2464 (320) 587.2242 Fax (320) 587.6427 -Printed on recycled paper - • U M E . r U M October 16, 1996 TO: Barry Anderson, City Attorney FROM: John P. Rodeberg, Director of Engineering/Public Works RE: Osgood/Hayden Addition and Surrounding Area Improvements Letting No. 4/Project No.95 -04 Attached please find copies of the following: 1 set of still photos of street construction 1 video tape of street construction 2 copies of American Engineering Testing, Inc. report dated September 13, 1996 These documents clearly show the reason for the profound concerns that the City has shown regarding this project. Based on my review, and the thorough report by American Engineering Testing, I can recommend no other solution than complete removal and replacement of the bituminous surface. This work would also require the repair and approval of the subgrade and aggregate base. We have clearly expressed our displeasure at the services provided by Landwehr and Bauerly Brothers, during and after the work took place. We provided professional advisements and timely response to questions and concerns. In return, both Contractor's have been unresponsive and evasive. The result of this work is clear. As a reminder of previous discussions, and in particular my detailed memorandum of January 19, 1996, the following is a description of our concerns. COMPLETION DATE The Contractor has commented that the City may have delayed the award of the project. No delays occurred due to City actions. The bids were opened on April 14, 1995, and the assessment hearing was held on May 9, 1995, the soonest possible date thereafter. The Contract was awarded to Landwehr by the Council that same night. Although, at the time we expressed concern regarding the cost of the project, we were told by other contractors that the cost was high due to the staging and access requirements of the contract. All required documents were signed and submitted to the City between May 10 and May 17. The Pre - Construction Conference was held on May 30. 111 1 Hutchins (3 Fax(320)234 -4240 City Center P Parks & Recreation Fax(320)234 -4240 Police Services 10 Franklin Street SIV Hutchinson,A1N 55350.2464 (320) 587 -2242 Fax (320) 587 -6427 Printed on recycled paper - The Contract had a Completion Date of September 15, 1995. This was not a "working day" • completion date. so consideration of additional time for weather related issues was not a factor. Even so, weather records indicate that the overall rainfall during the project, prior to September 15, was less than average. The Contractor worked a 50 hour week. Monday through Thursday, with 1 crew. Despite concerns raised by the City, the Contractor did not bring in extra crews when it appeared that the schedule could not be met, and did not work on Fridays or Saturdays during the majority of the project. Liquidated damages should be strongly considered! SUBGRADE PREPARATION Although the subgrade appears to have passed density tests completed by the testing agency, the "required stability" portion of the specification (Mn/DOT 2112.3) was not met. Also note that the "required grade and cross section" section was not met due to the inability to have the "required stability ". Both of these failures were due at least in part to a failure to meet specifications regarding the moisture content of the material. The specifications (Mn/DOT 2105.F1) require that the moisture content be between 65 and 102 percent of the Optimum Moisture for the in -place material. As noted in American Engineering Testing's report. these specifications were not met in 5 of their 9 tests. Contrary to the Contractor's letter of December 20. 1995, the subgrade was not accepted for Class 5 placement. The photographs and video tape attached clearly show how unstable the subgrade was. GEOTEXTILE FILTER FABRIC Our specification for geotextile fabric construction (Section 02245 of the Contract) calls for fabric • to be placed at right angles to the centerline for highest strength. unless otherwise approved by the engineer. The fabric was placed parallel to the centerline. Although this is usually allowed when the subgrade is solid, in this case it should have installed the other direction. We consider this a minor point. However, the major concern here is that the placement of the fabric, and the placement of the aggregate base on top of the fabric greatly reduced its effectiveness. The fabric placement itself must be done so that no separation can occur during aggregate placement. It should also be without folds and wrinkles, and shall be secured so no displacement occurs during subsequent construction. The largest concern is related to damage caused to the fabric during aggregate placement. Contrary to the specification. layers of aggregate were placed in small lifts, well less than the required 10 inches, and significant deflection and damage occurred to the fabric due to construction traffic. We also verified that at least in one location the contractor knowingly covered an area with aggregate in which the fabric was not in- place, having moved prior to construction. The worker admitted seeing the fabric was not in- place, but commented that "it really didn't matter anyway ". We do not believe that the fabric. as constructed, meets the specifications. Significant deflections were observed in the fabric, and areas with rips were observed in which subgrade material had pushed through the fabric. We believe that the value of the fabric was significantly reduced due to this "defective work The video tape and photographs clearly show a number of the measurements taken on the material. It also indicates the areas of poorly placed and damaged material. Clearly we should not pay for material which is in conflict with the specification, and provides little value as placed. • • AQGREGATF BAS As noted in previous correspondence, the quality and placement methods of the aggregate base class 5 were questioned by us several times. The main concern was that the aggregate base, although it met gradation specifications, did not provide a stable base for bituminous construction. Mn/DOT Specifications required "firmly keyed particles This material had almost no binding strength, and deflected easily. Combined with the poor subgrade preparation conditions, this created a situation in which significant deflection occurred in the gravel. Less than 6 inches of gravel. compared to the required 10 ", was observed and recorded in many locations. These are clearly shown in the .photographs. Some areas had less than 3 inches. We have video tape of the paving operation showing trucks sunk over 6" in this material. This occurred after we had notified the Contractor that the gravel was not ready for paving. This was after Quentin and the mayor notified the Contractor that the project was not ready for paving. As was noted by American Engineering Testing on the project, when the Contractor followed recommended procedures for preparing the base for paving, conditions improved greatly. However, the Contractor did not continue to follow these recommendations. The Specification also requires that the aggregate base elevations on the fabric elevation be within 0.10" of plan, and at the surface be within 0.05" of plan. This obviously did not occur on the majority of the project. Allowing for this deviation, a minimum thickness of 8.2" would be required. Based on these observations, we consider this work to be "defective ". • BITUMINOUS Due substantially to the problems with the Subgrade Preparation and the Aggregate Base. the bituminous construction did not meet compaction and thickness specifications. As noted above, significant deflection was observed in the aggregate base while paving. The Contractor also did not follow specified compaction procedures, apparently fearing that the bituminous material would fail if over compacted. Again, following recommended procedures of American Engineering Testing, test results indicate that the quality of the project could have been significantly increased with the proper effort. Compaction test results note that the bituminous material fell significantly below required levels. Most tests indicate that a cost reduction factor should be applied. Some tests were below the acceptable level noted in the Mn/DOT Specifications and would require removal and replacement, unless other arrangements are made with the City. Thickness and elevation requirements of the material also fell outside of the specifications. Workmanship issues were also observed. The Contractor refused to properly prepare existing joints next to previously existing bituminous by cutting them as noted in the specifications. Also, on areas of new construction, the Contractor overlapped joints and left bituminous passes over a %," higher than the adjoining pass. These also fall outside of the specifications of the Contract and are considered "defective work ". We previously noted these defects. most of which have arisen again in the new report from American. N.RA. Based on the review by American Engineering Testing during construction. and their report dated • September 13, 1996 we recommend complete removal and replacement of the bituminous after correction of the subgradelaggregate base problems. We have also had a significant number of complaints regarding damage to property during • construction. It appears as if very few of these have been addressed by the Contractor. Some residents have complained to us that the response from the Contractor's insurance agency has been rude and abrasive. Even though our contract with Landwehr notes that they are responsible for this work, their insurance agent has asked at least one resident to contact a subcontractor that may be responsible for the damage. This is unacceptable. I understand that you will work on this issue with Landwehr also. Detailed lists of these complaints have been sent to the Contractor several times in the past. attachments cc: Gary Plotz- City Administrator City Council Cal Rice - Engineering Department Dan Sarff- Bolton & Menk (Willmar) file: L4,P95 -04 ( H:APRO]ECT`.OSGOODV6STATUS.WPD) • A n • • TIME LINE April 14, 1995 Bids Opened April 25. 1995 Resolution Ordering Preparation of Assessment Roll. and Resolution Accepting Assessment Roll and Calling for Hearing May 9, 1995 Assessment Hearing, Resolution Accepting Bid and Awarding Contract Resolution Approving Assessment Roll Mav 17. 1995 Contract Documentation Given to City by Landwehr Construction. Inc. May 30, 1995 Pre - Construction Conference held at City Center June, 1995 Project work commences July Work commencing well August Project slows. City requests more effort by Contractor September 10, 1995? Request for contract extension received September 15. 1995 ORIGINAL COMPLETION DATE Agreed to Completion Date extension to September 23 October 4, 1995 Letter to Landwehr noting lack of progress. poor subgrade conditions and staging /access concerns (no response received) October 11. 1995 Letter to Landwehr noting Defective Work (poor subgrade. low compaction, and material and procedure concerns) (no response received) October 23, 1995 Letter to Landwehr noting unacceptable conditions, defective work and breach of contract. Listed specific concerns and recommendations from American Testing. October 25, 1995 Quentin, Marlin and Police stop Bauerly from paving. Bauerly paves at own risk November 30. 1995 Letter to Landwehr noting Defective Work and breach of contract issues. Requests meeting for December 5 December 5, 1995 Meeting with Landwehr. Bauerly Bros. and City to discuss contract. City lists concerns and asks Contractor to respond. December 20? Response from Landwehr and Bauerly denies and wrongdoing, requests full payment r PROJVZ- r95- L6- EOSGOOD_CJ/. A1IERIW ENGINEERING TESTING. INC. CONSULTANTS GEOTECHNICAL MATERIALS ENVIRONMENTAL REPORT OF PAVEMENT OBSERVATIONS PROJECT: REPORTED TO: OSGOOD /HAYDEN /LAKE PROJECT CITY OF HUTCHINSON HUTCHINSON, MINNESOTA 111 HASSAN STREET SE HUTCHINSON, MN 55350 -2522 AET JOB NO: 96 -2391 ATTN: MR. JOHN RODEBERG, PE DATE: SEPTEMBER 13, 1996 American Engineering Testing, Inc. (AET) was requested by Mr. John Rodeberg (City of Hutchinson) to perform a pavement condition survey of the Osgood/Hayden/Lake project that was paved in 1995. The scope of our work was limited to the following: 0 1. Review pertinent background information. • 2. Perform visual observations of the pavement. 3. Document and photograph pavement deficiencies /distress. 4. Provide an engineering report with our observation results and recommendations for remedial treatment. Our work was verbally requested and authorized by Mr. Rodeberg on September 6, 1996. The following remedial options are presented to correct observable deficiencies /distress in the pavement structure that may prevent the pavement from achieving its design life and to protect the owner from incurring maintenance costs due to construction deficiencies: Reconstruction with adherence to the specifications is recommended because these pavements were designed for a 30 -year design life according to MnDOT's Geotechnical & Pavement Manual. Typically, a regular maintenance program is integral to achieving a pavement's design life. Based on field data documented during the course of construction and observations made during our pavement survey, it is our opinion that these pavements will not reach their design lives without an undue increase in maintenance expense. • - -N AFFIRMATIVE ACTION EMPLOYER" 2102 University Ave. W. . St. Paul, MN 55114 .612-659-9001 • Fax 612 -659 -1379 Duluth .Mankato .Rochester .Wausau aET 96 -2391 - Page 2 • . .i 1 : rarl• i . • U Correct areas in the bituminous base course that exceed the grade variation specification of 1; 8 arch in 10 feet (NfaDOT 25313.1 ana 2331.3.I). The 2 o cross -slope should be reestablished during this corrective action. 2. Reconstruct the areas where new pavement abuts existing pavement. Specifications required ...a straight vertical edge such that the new bituminous surface will properly match the in place surfacing." 3. Repair distressed areas prior to placing the bituminous wear course. This may involve, but is not limited to. surface milling, additional subcuning and replacement of aggregate base. 4. Remove all Portland Cement concrete from the pads surrounding sanitary and storm sewer openings, and water mains and level to specifications. 5. Place a - eotextile interlayer between the base and wear course of the new pavement. This treatment may help prevent reflective cracking from the base course through the wear course. 6. Place an 1.5 inch wear course during the 1997 construction season. Measures should be taken • so that the wear course is placed to the proper grade. 7. Secure a 5 -year warranty from the contractor to repair structurally related distress in the pavement. This remedial option has the same treatments as Option Il with the exclusion of Number 4 Placement of a geotextile). AET has completed the requested scope of work. Based on review of project documents, and our observations and past experience, our opinions are as follows: 1. In general, almost all of the joint work was performed in a poor manner. Proper care was nor exercised during leveling, compaction, and patchwork. The result was extensive raveling and cracking at the joints. 2. Due effort was not used as shown by patch settlement, cracking at the interface of the patch and existing pavement, and the extension of alligator cracking beyond the perimeter of the • patch. AET #96 -2391 - Page 3 3. It is evident that the areas where new and existing pavement abutted were not saw cut as per . specifications. Physical evidence indicates that these areas were removed by other means that rendered an uneven. rough construction joint. 4. It is apparent that there were problems with the subgrade and base aggregate stability because compaction of the bituminous course was not achieved on much of the project and there are numerous areas of settlement, evident by ponding on pavement surface in areas that were observed to have high water content in the base aggregate. 5. Grade control was a problem on the birummous base course as shown by the many areas where the base course was level with the gutter. 6. Early distress (alligator cracking) indicates that the pavement is structurally deficient. Based on construction records, it is evident that there are substantial deviations from subgrade, base, and bituminous base course preparation specifications. 7. All the concrete used for the leveling pads of the sanitary and storm sewer openings, and water mains are in poor condition. Extensive scaling and cracking indicate that the concrete was exposed to below freezing conditions shortly after construction. 8. Most of the sanitary and storm sewer openings, and water mains do not meet elevation specifications. • BACKGROUND INFORMATION We understand that the street and utility reconstruction work was to be completed during the 1995 construction season. On several occasions. the City of Hutchinson had documented and voiced concerns over the quality of the pavement construction. For the purpose of assisting us in our pavement condition survey, project documents have been provided for us to review. These documents include: • Technical specifications for the construction project • Construction reports documenting materials quality and quantity • Letters and memos that document the City of Hutchinson's concerns over construction quality Our work was limited to conducting a pavement condition survey and providing pavement treatment recommendations prior to the placement of a bituminous wear course. Photographs of typical pavement deficiencies are included for your reference. We will retain these photographs in our file for future reference, if necessary. Report Prepared By: Ariei Soriano. P.E. Materials Engineer Report Reviewed Bv: • Donald E. Gehrman Bituminous Laboratory Coordinator PHOTOGRAPHS AET JOB NO. 96 -2391 • • • r livwe i -LU Laxcu on I. K e mou AI) Above: #1 - Typical alligator cracking starting to form Below: #2 - Typical patch of area that failed shortly after construction (Note raveling and debonding of patch interface and extension of alligator cracking from the patch perimeter) 1 r F _ z a t Y - i t t n�� Y `Lf e3 t n�� "C •�5.� L nc.. ,,. C t at r�K�bsw'FP"1 „ 3 -5 •. �a�`L�.fA+fY w-. .. .y _.. _ a,`ry5 ...v _. ti ..,y i. im e.. y �: G: �• a .. _ 4 i q� , A _ PHOTOGRAPHS 1ET JOB NO. 96-2391 Above: H7 - T ical sanity v sewer opening reauiring concrete removal and re- leveling Below: X8 - Typical section where bituminous base course is level with the gutter line (Note rough transverse construction joint) r� LJ C • ri .......... M t Y e. PHOTOGRAPHS AET JOB NO. 96 -2391 ructos u - ll taken on Lake (Roll N"L) } Ar Tt r p Z 2 ! � Above: (ill - Poorly formed lon itudinal and transverse joints (Note cracking along transverse oint Below: #12 - Crac ' along longitudinal joint • • A Y h r, m.l Y PHOTOGRAPHS AET JOB NO. 96 -2391 Above: #15 - Poorly formed joint at the end of Lake Street (Note alligator cracking forming on the new bituminous pavement) Below: #16 - Transverse cracking in bitmmous base course Photos 16 - 20 taken on Hayden (Roll #3) r1 u LJ • , �� ..n+ t L o a � `1 f • s , �� ..n+ t L o a � `1 f • et. 16 OF ...' ,. -' fib -�•°� �, � - ��••�� ` rr y PA I It ,A. I ,, PHOTOGRAPHS AET JOB \O 96 -2391 9 I L L.J Above: #21 - Grade differential between paver passes Below: .922 - Depression in the bituminous base course tNote depression extends from photographer to g reen garba¢e container) ,.....,,, �. w .-� )onto vii vs5lnnl 1RU❑ R�1 PHOTOGRAPHS AEf JOB NO. 96 -2391 r r Above: #23 - Poor construction where new pavement abuts existing pavement Below: k24 - Cracking, and settlement at same location as X123 (End of Osgood) C] 0 MINUTES HUTCHINSON EMPLOYEE SAFETY COMMITTEE SEPTEMBER 26, 1996 Present: Chair John Arlt, Tom Kloss, Eldon Barkeim, Jim Ford, Dick Nagy, Floyd Groehler, Hazel Sitz, and Marilyn J. Swanson. Absent: Doug Johnson and Ron Carter. John Arlt reported on the respond audits at the wastewater treatment plant, recreation center, and civic arena. During discussion on distribution of the new Safety Manual, it was suggested to conduct three employee seminars showing a safety video on proper lifting/back care. Three committee members would be present at each seminar. At that time, the Safety Manual would be given to each employee, and he/she would sign off on it. Future departmental meetings would be held to review the manual's contents. • It was also suggested to hold departmental meetings and cover material pertaining to that particular department. The employees would sign off for their Safety Manuals at that time. It was the consensus of the committee: (1) to do a payroll stuffer with the next payroll regarding the new Safety Manual; (2) to request that the director or department head be in attendance at the departmental staff meeting to be held prior to November 1; and (3) to present a progress report on the Safety Manual distribution at the October 24 Safety Committee meeting. The following were assigned to be the departmental presenter/leader: HATS Facility -- Eldon and Floyd Parks & Rec. /Civic Arena/Sr. Center -- Jim, John, Ron Liquor Store -- Neil, John City Center -- Marilyn J., Ken (Hazel & Gary) Water /Wastewater -- Doug, Dick Eng./Bldg./Ping. -- Jim, Tom It was suggested that an all- employee safety seminar be held on back injuries since most workman's comp. claims are for this type of injury. A video could be obtained from Response Safety or the Safety Council, and the Safety Manuals could be distributed after the video had been viewed. The departmental meetings could be held at a later time. SAFETY COMMITTEE -- SEPTEMBER 26, 1996 John stressed the importance of holding departmental safety meetings on a regular basis to discuss and review pertinent material relevant to that particular area He showed the committee a safety booklet which was prepared for seasonal employees working in the parks and recreation department. John reported that he plans to stay on the committee in 1997 although he will no longer be the chair. He also stated that Gale Boelter is no longer a member of the Safety Committee. In January 1997, Scott Hanson will replace Doug Johnson. Also, Mark Weis will join the committee. It was noted that there is a need for a City Safety Coordinator. It was suggested that the following items be included in the Safety Booth for the City's Health Wellness Fair to be held on November 12 at the Recreation Center. • Safety Resources -- > Safety boots /glasses -- > Brochures and hand -outs -- Jim & Marilyn • Policies -- > Smoke alarm -- Floyd & John • Fire extinguisher -- Casey Stotts • Drawing -- > Booth Sign -- Hazel E The October committee meeting will be held at City Center. HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 FROM: Brad Emans, Fire Chief MONTHLY CITY COUNCIL UPDATE OCTOBER 1996 The fire department responded to 34 calls for service in October. Breakdown of the Cily calls: 5 - Residential 5 - Commercial /Industrial 3 - Multi Family 1 - School (Type Building) 1 - Rescue 3 - Haz- Material • 2 _ Vehicle 1 Mutual Aid to Silver Lake kdown of th 1 - Farm Buildings 1 - Residential 5 - 10 -52 1 - Medical 1 - Grass 3 - Vehicle Drills /Meetings for the month: • Pumper Truck Training • High rise building fires /Park Towers and Evergreen • Ropes and ladders • SCBA Maintenance Other items: Fire Marshal Casey Stotts resigned after accepting a position with the State Fire Marshal's Office. The rear axel on the ladder truck broke at a fire. • /bb TO: Mayor and Council • • Hutchinson Safety FIRE PREVENTION WEEK Fire Prevention ctober 6th thru the 12th, has been designated fire prevention week this year. The fire department has many events planned this year including station tours, visits to school classrooms, and having the Meeker/Mcleod County Fire Safety Trailer at Park Elementary School. The Fire Department has seen a steady rise in the number of calls received about children playing with fire. Maybe we as a group will be able to put together a program to assist the fire department with this growing problem. SEPT. ATTENDANCE Dave Conrad, Jim Haasl, Mark Hansen, Duane Hoeschen, Dave Mueller, Loretta Pishney, Mr. & Mrs. Les Smith, Casey Stotts, Kay Peterson, Emil Rix, Joyce Rix, Vi Visselman, June Wick, Roger Vacek Council NEXT MEETING WILL BE October 28th, AT THE Ridgewater Technical College. IHUTCHINSON EMERO. SERVICES r Disaster Drill n September 23rd, th City of Hutchinson hel an emergency drill a the Hutchinson Waste Wate Treatment Plant wit numerous local, county, an State of MN emergent organizations assisting in th drill, several members of th Hutchinson Safety Counc members were also there t assist. The drill proved to be great tool for all tl participating organizations see how other emergen organizations perform in a emergency. Plans are already in tl works for next years drill. 0 Lei I New Job * *BRING A GUEST AS A PROSPECTIVE MEMBER ** Just a bit of information. I will starting a new job as investigator, with Minnesota State Marshal's office, on Octl 30th. HUTCHINSON SAET, O 2 Hutchinson Safety Council October meeting C OUNCIL BY -LAWS spends LUNCH B Y Laws - Meal /Reading of the "IN SEARCH OF" previous meeting minutes. The new changes to the - Guest Program The perfect by -lawls were voted on and approved at the September - Discussion. lunch unch meeting. - Next meeting program We are still trying to find The bulk of all the i update. a new home for our Safety changes were just for cosmetic - Adjournment Council meetings. reasons. All Safety Council members should now have a The last two meetings new updated copy (If for some "Welcome to have been held at the V.F.W. reason you have not received a For the next meet we have copy, contact Casey and he will been invited to the Hutchinson get you a one). Technical College. Thank you to the There are parking following committee members permits that were sent out with for their time . [/aCBf? this edition that you need to - Mark Hensen place in your car when you - Tom Kloss park in the school's parking lot. - Les Smith our newest - Casey Stotts member to the Hutchinson ANNOUNCEMENTS: - Lunch for the October meeting (O Safety Council will be your choice at the lunch counter. DON'T - Treasurers report as of 08- 26-96: FORGET TO $462.60 in savings $16171 in checking BRING A - Try and make a point to attend the GUEST TO THE October meeting. Attendance has OCTOBER been down lately and the decisions that are being made will affect the MEETING. future of the safety council. u • a W OF HUTCHINSON LIQUOR STORE COMPARISON 0- 4 tr76x,t 1995 1,214 2,414 405 • OCTOBER 2 1,785 2,118 429 TOTAL 1995 LIQUOR BEER WINE MISC. TOTAL BY WEEK 2 1,374 2,068 411 145 3,998 880 3 1,401 1,731 331 156 3,619 1,032 4 2,018 2,249 443 157 4,867 396 5 1,769 3,171 454 215 5,609 439 6 3,097 5,208 1,101 346 9,752 324 7 2,835 4,671 991 385 8,882 603 193 5,146 11 3,140 5,427 36,727 9 1,460 1,910 380 130 3,880 1,361 10 . 977 2,206 339 144 3,666 383 11 1,162 2,364 377 237 4,140 400 12 2,131 3,129 513 233 6,006 437 13 2,864 5,261 885 460 9,470 721 14 3,434 4,893 1,044 400 9,771 1,089 481 9,913 19 2,968 5,244 36,933 16 1,535 2,106 363 150 4,154 337 17 1,646 2,151 332 198 4,327 570 18 1,781 2,117 421 191 4,510 339 19 2,015 2,895 557 217 5,684 627 20 2,965 5,138 962 409 9,474 1,062 21 3,222 5,065 958 324 9,569 1,269 428 11,397 28 1,709 2,449 37,718 23 1,413 1,785 457 144 3,799 542 24 1,061 1,847 448 155 3,511 495 25 1,400 2,036 385 215 4,036 619 26 1,801 2,567 388 473 5,229 27 3,313 5,661 946 427 10,347 28 3,319 5,695 1,068 538 10,620 37,542 30 1,700 2,334 443 4,448 8,925 31 1,886 2,293 360 223 4,762 13,687 TOTAL 53,579 82,551 15,357 11,120 162,607 94 TOTALS 50,375 76,376 13,552 5,833 146,136 % OF SALE 33 51 9 7 100 SALES INC OR DEC 16,471 11 % CITY OF HUTCHINSON LIQUOR STORE COMPARISON OCTOBER 1996 u OCTOBER TOTAL 1996 LIQUOR BEER WINE MISC. TOTAL BY WEEK 1 1,214 2,414 405 233 4,266 2 1,785 2,118 429 214 4,548 3 1,721 2,896 541 346 5,504 4 3,253 5,602 880 479 10,214 5 3,407 6,398 1,032 511 11,348 7 1,404 1,804 396 305 3,909 8 1,392 2,016 439 236 4,083 9 1,582 2,116 324 188 4,210 10 1,437 2,913 603 193 5,146 11 3,140 5,427 982 506 10,056 12 2,719 5,750 1,361 558 10,388 14 1,031 2,219 383 213 3,846 15 1,713 2,105 400 264 4,482 16 1,536 2,909 437 157 5,039 17 2,209 3,560 721 309 6,798 18 2,971 5,372 1,089 481 9,913 19 2,968 5,244 1,048 466 9,726 21 1,523 2,186 337 184 4,230 22 1,379 1,793 570 270 4,012 23 1,632 2,157 339 156 4,284 24 1,909 2,681 627 236 5,453 25 3,154 5,515 1,062 549 10,279 26 3,615 8,087 1,269 428 11,397 28 1,709 2,449 289 245 4,693 29 1,670 2,151 542 248 4,611 30 1,347 2,019 495 163 4,024 31 2,058 2,864 619 266 5,837 TOTAL 55,488 90,785 17,621 8,401 95 TOTALS 53,579 82,551 15,357 11,120 % SALE 32 53 10 5 SALES INC OR DEC 9,687 6 % 35,878 37.791 39,655 19,165 172,294 162,607 100 • 0 0 C CITY OF HUTCHINSON LIQUOR STORE COMPARISON OCTOBER OCTOBER 338 322 1994 LIQUOR BEER 1 2,859 4,836 3 1,210 1,459 4 1,584 1,635 5 1,082 2,082 6 2,577 2,311 7 2,596 5,089 8 2,517 4,463 10 1,321 2,386 11 1,015 1,393 12 1,222 1,919 13 1,655 2,286 14 2,742 4,658 15 2,957 3,863 17 1,233 1,540 18 1,506 1,769 19 1,471 2,561 20 1,723 3,679 21 3,140 4,283 22 2,966 3,907 24 1,664 1,744 25 1,154 1,683 26 1,236 1,748 27 1,607 2,381 28 2,663 4,635 29 3,117 5,847 31 1,558 2,219 TOTAL 50,375 76,376 93 TOTAL 45,421 65,913 % OF SALE 34 52 SALES INC OR DEC WINE MISC. 918 338 322 103 312 312 444 227 438 165 890 345 866 373 289 235 270 141 362 149 308 181 760 313 924 286 340 110 439 127 276 146 381 127 685 323 758 278 334 112 349 95 443 157 434 122 820 363 891 383 299 302 13,552 5,833 11,944 4,805 9 4 18,053 I fell 11 8,951 3,094 3,843 3,835 5,491 8,920 8.219 4,231 2,819 3,652 4,430 8,473 8,030 3,223 3,841 4,454 5,910 8,431 7,909 3,854 3,281 3,584 4,544 8,501 10,238 4,378 CITY OF HUTCHINSON LIQUOR STORE COMPARISON . 1 C 995 T. TOTAL OCTOBER TOTAL BY WEEK 1995 LIQUOR BEER WINE MISC. TOTAL BY WEEK 14 % 2 1,374 2,068 411 145 3,998 8,951 3 1,401 1,731 331 156 3,819 4 2,018 2,249 443 157 4,867 5 1,769 3,171 454 215 5,609 6 3,097 5,208 1,101 346 9,752 7 2,835 4,671 991 385 8,882 36,727 9 1,460 1,910 380 130 3,880 33,402 10 977 2,206 339 144 3,666 11 1,162 2,364 377 237 4,140 12 2,131 3,129 513 233 6,006 13 2,864 5,261 885 460 9,470 14 3,434 4,893 1,044 400 9,771 36,933 16 1,535 2,106 363 150 4,154 31,635 17 1,646 2,151 332 198 4,327 18 1,781 2,117 421 191 4,510 19 2,015 2,895 557 217 5,684 20 2,965 5,138 962 409 9,474 21 3,222 5,065 958 324 9,569 37,718 23 1,413 1,785 457 144 3,799 33,768 24 1,061 1,847 448 155 3,511 25 1,400 2,036 385 215 4,036 26 1,801 2,567 388 473 5,229 27 3,313 5,661 946 427 10,347 28 3,319 5,695 1,088 538 10,620 37,542 30 1,700 2,334 443 4,448 8,925 34,002 31 1,886 2,293 360 223 4,762 4,378 13,687 146,136 TOTAL 53,579 82,551 15,357 11,120 162,607 128,083 94 TOTALS 50,375 76,376 13,552 5,833 146,136 100 % OF SALE 33 51 9 7 100 SALES INC OR DEC 16,471 11 % 'COUNCIL' Date-, 11/011% me: 07:45:30 item code Descriation DEPTNO -i i (LIG") Count 1076 subtotals DEPTNO -: 2 (BEER) Count 635 Subtatals-i DEPTNO -i 3 (WINE) Count 1016 Subtatals-? DEPTNO -i 5 (ICE) Count 3 Subtotals DEPTNO -> 4 (RENTAL) Count 2 subtotals DEPTNO - - lei JOO= PRODUCTS) Count 304 Subtotals -i DEPRIO - i 90 (MISC BEER) count 1 Subtotals -? W O - -i 91 (MISC LID") Count 1 subtotals=, DEPTNO -) 92 (MISC WINE) Count 1 subtotals -} WPTNO -) 93 (MISC 6.5%) Count 346 subtotals -i count 3367 Totals -i 'LIQUOR 10/01/96- HUTCHO 10131196 On Extended Month to date sales -- - Cls ordr O-u-H cost qty Cost Markdowns Sales Profits AP % 23412 1560".6101 5802 42747.26 453.19 55036.16 12288.90 22Z 7960 46731.19 11017 70894.94 381.96 90396.98 19502.04 21.6 23180 66438.95 3056 It K5.65 319.12 17302.13 5766.46 33.3 460 82.35 630.51 548.16 86.9 9 119.(X) 119.00 100.0 2781 6491.61 1613 3460.03 112.42 4627.61 1147.76 24.6 3548 6662.03 1112 2071.77 37.71 2874.67 802.90 27,9 60931 304369.79 23069 130812.00 1304.42 170987,26 40175.26 23,5 • Date: 11/01/56 Time: 07:49:48 Page: 1 Item code Description DEPTNO -> 1 (LIOUOR) Count 1078 Subtatais- ) DEPTNO -- 2 (BEER) Count 635 Subtotals -) DEPTH➢ -i 3 (WINE) Count 1016 Subtatals-) DEPTNO -) 5 (ICE) Count 3 Subtotals -> DEPTNO - -i 9 (RENTAL) Count 2 Subtotals - -) DEPTNO -> 10 (TOBACCO PRODUCTS) Count 304 Subtotals -) DEPTNO - -> 90 (MI5C BEER) Count 1 Subtotals-) DEPTNO - -) 91 (MISC LIG1N]R) Count 1 Subtotals -) DEPTNO -i 92 (MI5C WINE) count 1 Subtotals -) DEPTNO -> 93 (MI5C 6.5%) Count 346 Subtotals -) Count 3387 Totals -> 'LIQUOR HUTCH' 1/01/96- 10/31 /96 0 3598 6682.03 15204 24692.68 526.55 34678.64 9985.96 28.8 60931 304369.79 254872 1444527.31 15158.83 1884088.55 439561 24 23.3 S 40 Extended - -- Year to Bate Sales - - Cls B-U-H cast Oty Cast Markdowns Sales Profits BP % 23412 158026.01 59362 441713.75 5790.78 565234.60 123520.85 21.9 7960 46731.19 1222301 820429.94 4092.89 1042757.33 21.3 222327.39 23180 86438.95 34998 125964.77 4115.32 188037.86 62073.09 33.0 7453 1557.20 10626.17 9268.97 85.6 392 2084.08 2084.08 100.0 2781 6491.61 15162 30168.97 633.29 40469.87 10300.90 25.5 0 3598 6682.03 15204 24692.68 526.55 34678.64 9985.96 28.8 60931 304369.79 254872 1444527.31 15158.83 1884088.55 439561 24 23.3 S 40 0 Oates 11/01/95 sa /0130140 AgN 1 Itee code Description DUN -> 1 (LIM) Count 922 Subtotals -> DEPTMI -> 2 (BEE11) Count 572 Subtotals -> DEPIIA -) 3 (MINE) Count 856 Subtatals-> DEPTNO -> 5 (ICE) Cant 3 Subtotals -> 0um -> 9 1POTAL) Count 1 Subtotals -> > 10 (TI)B= PRODUCTS) nt 180 Subtotals -) DEPTNO -> 90 (MISC BEER) gaunt 1 Subtotals -) oEPTINO -) 91 (RISC LIM) Count 1 Subtotals -) DEPTW -> 92 (RISC MINE) Cant 1 Subtotals - -) DEPTNO -> 93 (MISC 6.5 %) Cant 319 Subtotals-) Cant 2856 Totals -) *LIQUOR 10/01195- HUTCHN 10/31/95 an Extended Month to date sales CIS ordr Q cost Qty Cost Markdowns Sales Profits SP % 17899 125370.16 582.78 52970.62 5579 41644.36 11326.26 21.4 7926 45381.16 10515 64480.00 199.29 82352.30 17872.30 21.7 13425 50938.53 2BII 10116.71 159.97 15196.49 5079.78 33.4 339 59.85 454.23 394.38 86.8 14 130.01 130.01 100.0 1188 2170.90 1332 2434.74 32.06 3283.05 848.31 25.8 asat 2 1.00 1.00 100.0 5182 7315.51 1835 2044.29 40.29 2857.25 812.% 28.5 i E E 12.24E .. E EE ===Z 3=3 ...... E...29SEEE .9222.E 24X4. 45620 231176.26 22427 120779.95 1014.39 157244.95 36465.00 23.2 • oatel 11/01/95 "LIQUOR 1 /01 /%- • ,. :10:32:21 HUTCH' 10/31/95 doll l Item mde Description CIS q-" Extended mst qty Year to Date Sales Cost Markdowns Sales "its BP % DEFW -) 1 (LIM) Cant 922 Subtotals -) - -- - 17899 125370.16 56149 421434.69 5505.16 535640.36 114205.67 21.3 DEPflO -> 2 (BEER) Count 572 Subtotals -> - 7926 45381.16 116127 728538.60 2627.33 925543.83 197005.23 21.3 DEPTNO -) 3 (MINE) Cant 856 Subtotals-) - 1 13425 50938.53 30940 105808.49 1826.29 156963.26 51154.77 32.6 DOM -) 5 (ICE) Count 3 Subtotals -> - 7491 1497.85 11070.86 9573.01 86.5 DEFM -> 9 (RENTAL) Count I Subtotals -> -- - 145 1440.01 1440.01 100.0 DEPTIU -> 10 (TMKM PRODl1CTS) Count 180 Subtotals-> 1188 2170.90 12818 --- Z272B.69 303.00 30395.50 7666.81 - 25.2 • DEPRO -> 90 (RISC BEER) ramt 1 Subtotals-) - 4 9.00 9.00 100.0 UEPTND -> 91 (MISC LIQUOR) Count I Subtotals-) -- 10 I.00 I.OD 10D.0 DEPTNB -) 92 (MISC MINE) Cant 1 Subtotals-) - 2 -6.19 - 6.19 100.0 DEPTNO -) 93 (MISC 6.5 %) Cant 319 Subtatals-> -- - - -- - 5182 7313.51 15996 24999.43 411.12 34938.91 9939.48 28.4 Cant 2856 Tatals -) zzzazzzz .ztatersazz zzev.a.. = =..status zzzasz =zz zzazseas=. etaatse.st ..ust 43620 231176.26 Z39682 1305007.75 10672.90 1695996.54 390988.79 23.1 0 0 0 10/23/96 HUTCHINSON UTILTTIES COMMTSSION PAGE BALANCE: SHEET SEPTEMBER 30, 1996 " M it if M l U LAL �f ■ M M ASSETS a UTILITY PLANT — AT COST LAND 6 LAND RIGHTS 891,734.75 DEPRECIABLE UTILITY PLANT x 53,361,346.27 TOTAL UTILITY PLANT ° LESS ACCUMULATED DEPRECjg _, '''° (18.656.093.52) TOTAL ACCUMULATED DEPRECIATION (38,656,093.52) CONSTRUCTION IN PROGRESS m 4a TOTAL CONSTRUCTION IN PROGRESS 416,352.13 TOTAL UTILITY PLANT DEPREC VALUE 35.i21 804.88 RESTRICTED FUNDS 6 ACCOUNTS INVESTMENT — GAS RESERVES 758,426, 5 x. MEDICAL INSURANCE 100,000.00 BOND 6 INTEREST PAYMENT 1993 1,088,124.75 „ BOND RESERVE — 1993 CATASTROPHIC FAILURE FUND 750,000.00 TOTAL RESTRICTED FUNDS & ACCOUNTS 4,085,871.30 CURRENT & ACCRUED ASSETS CASH IN BANK 1,331,462.27 n INVEST T8 ACCOUNTS RECEIVABLE 1,741,687.10 INVENTORIES E i3O11,0i5.53 PREPAID INSURANCE 67 687, U TOTAL CURRENT 6 ACCRUED ASSETS 4,971,293.33 i DEFERRED CHARGE BOND DISCOUNT 1993 154,402.01 TOTAL DEFERRED CHARGE 154,402.01 TOTAL ASSETS 44,333,371.52 a° s. u f � ss 51 tl m 1 T 0 0 10/23/96 HUTCHINSON UTILITIES COMMISSION PAGE DALANC SHEET SEPTEMBER , 1996 0 x x x x TOTAL x x x x MU NICIPAL TY_6_L ITIES MUNICIPAL EQUITY ' s MUNICIPAL EQUITY LKANIMMIATED RETAINED EARNINGS 28,894,611.41 °96.998.91 TOTAL MUNICIPAL EQUITY e 0 TERM LIABILITIES—NET OF 29,491,610.32 ____LONG CURRENT MATURITIES Tl 1993 BONDS - 13,300,000.00 TOTAL LONG TERM LI 1 _ 13 300 000.00 ° CONSTR CONTRACTS & ACCTS PAY RETAIN s ACCRUED EWENSE RETAINAGE 190 OOO.00 + TOTAL CONSTRUCTION 8 ACCTS PAY _ 100,000.00 1. ACCOUNTS PAYABLE T 806,405.68 INTEREST ACCRUED —, 213,899.97 ACCRUE AYR F 82.763.63 ACCRUED VACATION PAYABLE 150,332.53 ACCRUED MEDICAL FUND 85,648.98 ACCRUE REC PAYMENT 1.662.48 CUSTOMER DEPOSITS �' 78,305.00 OTHER CURRENT 8 ACCRUED LIABILITIES 22,742.93 � TOTAL CURRF�T Ee ACCRUEp LIA9 1 441 761.20 m TOTAL MUNICIPAL EQUITY 6 LIAB - 44,333,371.52 v v t v r r z - r 1 V'.'GO /YO IIU IL.III N:: >UN UI1L1ilEb LUftru ��, ui� • STATEMENT O CCiME d EXPENSES SEPTEM930, 1996 --- PREVIOUS --- -- - CURRENT YEAR TO DATE YEAR TO DATE , INCOME STATEMENT t , L,b J. • BUDGETED BUDGET ANNUAL YEAR TO DATE DEVIATION BUDGET ----- SALES - ELECTRIC ENERGY 8 8,289,056.66 6 6,466,459.07 8 8,178,400.00 2 288,059.07 1 11,000,000,06 SALES FOR RESALE 3 33,171.00 2 297,408.00 1 100,000.00 1 197,408.00 1 100,000.00 NET INCO FR OTH ECLSOURCES _ . .33 .470.84 4 40.448 3 32 990.00 4 4FR.FN _ __54,0 "f•1fd SECURITY LIGHTS 8 8,462.00 9 9,686.50 1 10,080.00 ( (393.50) 1 14,000.00 POLE RENTAL 1 1,293.25 3 3,067,75 4 4,000.00 ( (932.25) 4 4,000.00 SALES - GAS 3.4." - - 1 72 320.52 3 3,_616,900-00 55- 420_._52- ° ° 000.08 TOTAL OPERATING REVENUE i ii,82i,700.i9 1 12,989,390.35 1 121149,370.00 8 840,020.35 1 16,772,000.00 OPERATING EXPENSES PRODUCTION OPERATION 8 824,162.52 8 819,925.13 8 856,320.95 3 36,395.82 1 1,160,015.00 PRODUCTION MAINTENANCE 1 196,394.10 5 509,429.29 2 282,055.00 ( (227,374.29) 3 303,500.00 PURCHASED POWER _ _ _ 2,7Sd,_ 1 1 928.284.78 i i,735.090:00 ( (193.194.78) 2 2 , 09916zi0 TRANSMISSION OPERATION 9 95.82 . .00 . .00 . .00 3 3,400.00 TRANSMISSION MAINTENANCE 9 9,347.80 1 19,466.38 2 20,800.00 1 1,333.62 2 29,000.00 EL ECTRIC DIST RIBUTION OPERATION 1 176.138.40 1 154.978 1 161.7 47.00 _ 6,766.52 217.000.00 ELECTRIC DISTRIBUTION MAINTENANCE 1 101,979.48 1 140,981.55 1 _. 6 (22,116.55) 1 150,900.00 MFG GAS PRODUCTION OPERATION 2 271.50 7 710.09 3 310.00 ( (400.09) 1 1 ING OTHER INCOME O THER - NET -- INTEREST INCOME MISC INCOME MISC INCOME - GAS TOTAL OTHER INCOME OTHER EXPENSES DEPLETION - GAS WELLS INTEREST EXPENSE TOTAL OTHER EXPENSES C-1 CONTRIBUTION TO CITY 117 TOTAL CONTRIBUTION TO CITY NON- OPERATING INCOME NET INC OFfE_ _ _____ 36,083.41 1 ; 19,400.05 458, 8 94.97_. - 6 64,fj45.98_ i 107.4 - _ 561285.12 68.264.24 91_,SQQ._0 (22 835 .7111 125,009_9.0 151,578.79 155,212.53 157 (2,287.47) 210,000.00 43,330.66 70,133.23 23,534.00 46,599.23 28,700.00 _ .00 _- - ._ .00 -100 _ _ _ ....00. __. i 500 .90 185,973.26 240,121.30 276,500.00 (36,378.70) 395,000.00 437,167.83 533,731.30 548,634.00 (14,902.70) 760,200.00 .00 .00 .00 .00 125,000.00 44.706.94 67.850.03 _ 47.560 _ S 24.290.03) _ 72.000.00 493,215.58 482,032.41 479,756.25 (2,276.16) 640,875.00 537,922.52 549,882.44 527,316.25 (22,566.19) 837,875.00 467,500.00 506,250.00 506,250.00 .00 675,000.00 487,500.00 506,250.00 506,250.00 .00 675,000.00 (588,254.69) (522,401.14) (464,932.25) (37,468.09) 54.6, ? B.9i -_ (26.0 37-28) 623.D36.SQ 54 R13040 54.6, ? B.9i -_ (26.0 37-28) 623.D36.SQ 54 R13040 0 CITY OF HUTCHINSON MEMO Finance Depart u: •: r • 1► 1 MINN Ok N INN a I►;► IIC :1" Is) : We will be conducting a workshop Tuesday beginning at 4 p.m. in the main conference room to discuss the general fund budget. This is the final meeting prior to the truth in taxation hearing which will be held on Monday December 2, 1996 beginning at 5 p.m.. For the meeting we will have updated the general fund with our adjustment and also have a look at proposed measurements of the city. Keep in mind, we will not be adopting either the tax levy or the budget at the hearing, this will be placed on the agenda at the next meeting. To summarize what some of the adjustments we have: Taxes $98,168 increase over 1996 levy Transfers Electric and gas utility utilized some of this for capital expenditures Show a transfer of the balance to the capital projects Water/ Sewer - Transfer continues at $50,000 as in 1996 Storm Water Utility- budget $50,000 to be generated by this new utility in 1997 Services Transit - will have some reduction in dispatch hours later in the year and an increase of rates Recreation - reduction of some life guard hours, eliminate the playground program, eliminated the morning building supervisor Eliminate Shared police /park patrol at west river campgrounds and park. Eliminated the proposed full time funding for fire marshal will consider full time in last quarter of 1997 will have funding if approved. C.C. Directors