cp07-09-1996 cF-1
SUNDAY
MONDAY
TUESDA
JULY 1996
-7-
-8-
-9-
4:00 p.m. - CLOSED MEETING of
City Council Re. Litigation on
HUTCIHNSON
7:00 am. - Excellence Plus Steering
Osgood/Hayden/Lake Street Project
CITY
Committee Meeting in Main
in Staff Conference Room at
CALENDAR
Conference Room at City Center
City Center
1:00 p.m. - HATS Joint Powers
4:30 p.m. - JOINT MEETING of
Board Meeting at HATS Facility
City Council and Library Board
in Staff Conference Room at
WEEK OF
City Center
Judy-7 to July 13
1996
5:30 p.m. - City Council Meeting in
City Center Council Chambers
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
-10-
-11-
-12-
-13-
10:00 am. - Directors Meeting in
9:30 a.m. - Senior Advisory Board
VACATION /CONFERENCE
Staff Conference Room at City
Meeting at Senior Center
Center
John Arlt - July 8 -12 (V)
Randy DeVries - July 8 -12 (V)
Steve Madson - July 8 -10 (C)
Ken Merrill - July 8 (V)
Cal Rice - July 8 -12 (V)
John Rodeberg - July 10 -12 (C)
Marilyn M. Swanson - July 8 -12
M
V = Vacation
C = Conference
• AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JULY 9, 1996
1. CALL TO ORDER - 5:30 P.M.
2. INVOCATION - Rev. Dan Cloeter, Our Savior's Lutheran Church
3. CONSIDERATION OF MINUTES
MINUTES OF REGULAR MEETING OF JUNE 25,1996; BID OPENING MINUTES OF
JULY 1, 1996
Action - Approve as presented - Approve as amended
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - JUNE 1996
(b) RESOLUTIONS AND ORDINANCES
• 1. ORDINANCE NO. 96 -169 - ORDINANCE AMENDMENT TO
SHORELAND MANAGEMENT ORDINANCE, SECTIONS 2.71 AND
5.22, REGARDING BOAT HOUSES (SECOND READING AND ADOPT)
2. RESOLUTION NO. 10704 - RESOLUTION FOR PURCHASE
3. RESOLUTION NO. 10705 - RESOLUTION AUTHORIZING RELEASE
OF PLEDGED SECURITIES FROM CITIZENS BANK & TRUST CO.,
HUTCHINSON, MN
(c) LIBRARY BOARD MINUTES OF JUNE 24, 1996
(d) REQUESTS FOR ANNUAL ARTS & CRAFTS FESTIVAL SEPTEMBER 13 -14
(e) REQUEST FOR OUT -OF -STATE TRAVEL FOR JOHN ARLT
(f) SHORT -TERM ON SALE NON - INTOXICATING MALT LIQUOR LICENSE FOR
HUTCHINSON JAYCEES
Action - Motion to approve consent agenda
5. PUBLIC HEARING - 6:00 P.M.
(a) BOARD OF REVIEW FOR A.W. DISPOSAL SANITATION SERVICES
Action - Motion to close hearing
• 6. COMMUNICATIONS REQUESTS AND PETITIONS -- NONE
7. RESOLUTIONS ND ORDINANCES -- SEE CONSENT AGENDA
CITY COUNCIL AGENDA - JULY 9, 1996 0
W121 9 1 Vol 1 : 1►.. D
(a) CONSIDERATION OF PUBLIC UTILITY POLICY FOR NATURAL GAS
SERVICE
Action - Motion to reject - Motion to approve and adopt policy
(b) DI OF ANNUAL CITY APPRECIATION PICNIC AND LOCATION
Action - Motion to reject - Motion to approve date and site
(c) CONSIDERATION OF APPROVING CLERK/ADMINISTRATOR'S
CERTIFICATE FOR FEDERAL AID PROJECT (BLUFF STREET BRIDGE
AND ROADWAY)
Action - Motion to reject - Motion to approve
(d) CONSIDERATION OF APPROVING MEMORANDUM OF UNDERSTANDING
WITH MN/DOT AND MCLEOD COUNTY FOR TRUNK HIGHWAY 22 •
BYPASS CONSTRUCTION
Action - Motion to reject - Motion to approve
(e) CONSIDERATION OF SETTING PUBLIC HEARING DATE OF AUGUST 13,
1996 AT 6:00 P.M. FOR SUBMISSION OF REHAB GRANT APPLICATION
Action - Motion to reject - Motion to approve hearing date
(f) CONSIDERATION OF NOTICE OF ORDER TO REPAIR OR REMOVE
REGARDING PROPERTY ON HARMONY LANE
Action - Motion to reject - Motion to approve notice of order and authorize signature
(g) CONSIDERATION OF UTILIZING PERPETUAL CARE FUNDS FOR
CEMETERY ROADWAY IMPROVEMENTS
Action - Motion to reject - Motion to approve
10. MISCELLANEOUS
(a) COMMUNICATIONS
1 1. CLAIMS APPROPRIATIONS AND CONTRACT PAYMENT
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from appropriate funds •
• CITY COUNCIL AGENDA - JULY 9, 1996
MONEWIM93rolwola u
•
•
DAVID S. 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
tALSO ADMITTED IN TEFAS ANO NEW IOMn
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(320) 587 -7575
FAX (320) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
July 5, 1996
Gary Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Mn. 55350
Re: Osgood /Hayden Matter
Our File No. 3244 -95091
Dear Gary:
FOR YOUR INFORMATION
OF COUNSEL
RAYMOND C. LAL.LIER
ARTHUR-W OOTEN
5661 CkDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
161 2) 389 -2214
FAX (612) 389 -5506
,,IUL 5 X996
This correspondence concerns the closed meeting of the Hutchinson
City Council which is set for this coming Tuesday afternoon at 4
p.m.
As you know, the city has had an ongoing dispute with Landwehr, the
principal contractor on the Osgood /Hayden /Lake Street improvement
project. In reality, the dispute, although in legal terms with
Landwehr, is actually with Baurerly Brothers, Inc., which supplied
the asphalt paving services. A meeting was previously scheduled at
May 14, 1996 to discuss a potential interim resolution of the
dispute but at the time of that meeting I advised the Council that
Baurerly was not cooperating and it did not appear that resolution
was likely.
All parties have now come to the table and we are in a position to
discuss an interim resolution. I am enclosing a copy of my
correspondence of May 10, 1996 which outlines some of the history
and the proposal that the City Council will be asked to consider
this coming Tuesday.
I think it is important to note that this is not a settlement
agreement in the traditional sense. The city has not accepted the
project as is and the City Council, if it approves what I would
describe as a "stand still" agreement, has not in any waived the
rights of the city to seek additional relief if the circumstances
dictate it.
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
• 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 Plotz
July 5, 1996
page 2
Under the circumstances, I believe the arrangement
my correspondence of May 10, 1996 and as outlined
makes sense and I would recommend entering into
setting forth those terms.
Thank you. Best
Ver
ARN
G.
GBA:jm
enc.
regards.
f
VE, L
is outlined in
in this letter
an agreement
0
•
•
• ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
RICHARD G. MCGEE
CATHRYN D. REHER
WALTER P. MICHELS, III
IALBO... TTED IN T.XP9 AND ..W TORM
May 10, 1996
PROTECTED BY ATTORNEY /CLIENT PRIVILEGE
Mr. Gary Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
• RE: Osgood Hayden Matter
Our File No. 3244 -95091
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
ARTHUR L. DOTEN
5661 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX 1612) 5451793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612)389 -2214
FAX (612) 389 -5506
This correspondence is a follow up to prior correspondence
regarding the Osgood /Hayden matter.
As you know, a closed meeting of the Hutchinson City Council will
occur on Tuesday, May 14, 1996. At that time, I would like to have
the council consider a proposal to temporarily resolve this matter.
We have been approached by Landwehr with a suggestion that a global
settlement be negotiated. I would recommend rejecting that
proposal because it is simply impossible to evaluate, with any
realistic precision, the damages suffered by the City as a result
of contract noncompliance by Landwehr or its subcontractor.
Frankly, any estimate of damages is, in large measure, at the
present time simply a guess. Will the roadway break up? Will it
break up along the edges? Will its projected life expectancy be
reduced as a result of the quality of workmanship? These questions
are simply not answerable at the present time.
Instead, I would propose a partial resolution of the matter.
• First, I would recommend that we settle the issues of liquidated
damages, additional testing and so forth for approximately
$10,000.00. The total cost of all of these charges is probably
somewhere around $20,000.00 or perhaps slightly more. There is
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
ATTORNEYS AT LAW
101 PARK PLACE
DAVID B. ARNOLD'
HUTCHINSON, MINNESOTA 55350 -2563
STEVEN A. ANDERSON
G. BARRY ANDERSON*
(320) 587 -7575
LAURA K. FRETLAND
FAX 1320) $674096
DAVID A. BRUEGGEMANN
PAUL D. DOVE **
RESIDENT ATTORNEY
JANE VAN VALKENBURG
G. BARRY ANDERSON
RICHARD G. MCGEE
CATHRYN D. REHER
WALTER P. MICHELS, III
IALBO... TTED IN T.XP9 AND ..W TORM
May 10, 1996
PROTECTED BY ATTORNEY /CLIENT PRIVILEGE
Mr. Gary Plotz
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
• RE: Osgood Hayden Matter
Our File No. 3244 -95091
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
ARTHUR L. DOTEN
5661 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX 1612) 5451793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612)389 -2214
FAX (612) 389 -5506
This correspondence is a follow up to prior correspondence
regarding the Osgood /Hayden matter.
As you know, a closed meeting of the Hutchinson City Council will
occur on Tuesday, May 14, 1996. At that time, I would like to have
the council consider a proposal to temporarily resolve this matter.
We have been approached by Landwehr with a suggestion that a global
settlement be negotiated. I would recommend rejecting that
proposal because it is simply impossible to evaluate, with any
realistic precision, the damages suffered by the City as a result
of contract noncompliance by Landwehr or its subcontractor.
Frankly, any estimate of damages is, in large measure, at the
present time simply a guess. Will the roadway break up? Will it
break up along the edges? Will its projected life expectancy be
reduced as a result of the quality of workmanship? These questions
are simply not answerable at the present time.
Instead, I would propose a partial resolution of the matter.
• First, I would recommend that we settle the issues of liquidated
damages, additional testing and so forth for approximately
$10,000.00. The total cost of all of these charges is probably
somewhere around $20,000.00 or perhaps slightly more. There is
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
0
Gary Plotz
May 10, 1996
page 2
always a debate about whether or not the testing was required
circumstances created by the contractor or whether it is simply
done by the City to protect its own position and in anticipation of
litigation. Settling this issue would eliminate this discussion at
a later date.
Second, I would require that the warranty be extended an additional
year and, along with extending the warranty an additional year, the
contractor provide adequate assurances, through its insurance
carrier, that the performance bond remains in full force and
effect.
Third, I would recommend that a resolution of the remaining issues
be delayed until the end of the warranty period. At present,
almost everything is disputed by the subcontractor. I do not
believe it is in the best interests of the City to litigate any
issues now. Delaying litigation is probably to the City's
advantage, at least in part, because we will have a much clearer
picture regarding the condition of the roadway and problems
relating to the roadway. For example, the city engineer has been •
very clear and direct with Landwehr in advising them that the work
did not pass compaction tests, at least according to testing done
by the City, and that the City will be expecting a deduction for
this amount. The contractor has tests.of its own which indicate
that either the roadway did pass compaction testing or it did much
better than alleged by the City. If the roadway begins to break up
within the warranty period the validity of the argument advanced by
Landwehr's subcontractor becomes questionable to say the least.
Even if the roadway doesn't break up, the City has waived no rights
and, in fact, the city engineer has continued to tell Landwehr at
every available opportunity that the City intends to take the
deduction for compaction trouble. Regardless, arguing the point
now simply puts the City into a litigation posture earlier than
would otherwise be to the City's advantage.
This is particularly true with respect to the more serious issues
concerning the length of the roadway and any repair work that might
be necessary. Extending the warranty period will keep Landwehr on
the hook for a longer period of time and help ensure that if there
is an early failure a response will occur.
The last issue to be addressed is the question of an escrow.
Normally, in a contract such as this, a municipality could, and in
many cases does, rely solely on the performance bond. Whether an
escrow or performance bond is used, in either case, the City is not
entitled to make a claim until the contractor has failed to respond •
to a District Court iudaement In other words, the escrow provides
no superior protection for the City unless Landwehr fails to
respond to a court order indicating that the City has prevailed.
• Gary Plotz
May 10, 1996
page 3
Landwehr would prefer to have no escrow at all over the next two
years. While that position is defensible, I would prefer to have
a fairly significant escrow for a couple of reasons that, for the
most part, have very little to do with the legal issues involved in
this case. It is frankly much easier to persuade a contractor to
perform necessary services when he will ultimately receive a
reasonably significant sum of money and secondly, the presence of
an escrow can provide some indirect encouragement on a contractor
to settle claims in a reasonable and efficient manner. Frankly,
when dealing with a contractor the size of Landwehr, in terms of
ultimate collection of the judgement if this matter were actually
to be litigated, the presence or absence of an escrow might be, and
probably is, irrelevant. Nonetheless, despite the wishes of the
contractor, I would recommend retention of at least some amount in
escrow (to be held at interest, of course) pending resolution of
the warranty issues or ultimate settlement of the litigation.
I would recommend, in a completely arbitrary fashion, that we
retain $50,000.00 for this purpose. Obviously, the parties would
• enter into an escrow agreement so that there would be no question
regarding the rights and responsibilities of the various parties.
I summary, the results of this settlement agreement will be to
resolve the testing expenses and delay resolution of all remaining
issues until a time better suited to the City's needs while
maintaining a significant escrow account and forcing the contractor
to provide additional assurances that the performance bond is in
place.
I have discuss these matters with the city engineer and I
understand him to be in general agreement with the procedure
outlined above.
I look forward to discussing these matters with the Council in our
closed session this coming Tuesday evening.
Best personal regards.
Very trul ,
ARNOLD, V t .L.L.P.
1�
G. Barry.
• GBA /es
• MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JUNE 25, 1996
The meeting was called to order at 5:30 p.m. by Mayor Torgerson. Present: Mayor Marlin
Torgerson, Council Members Bill Craig, John Mlinar, Kay Peterson, and Don Erickson.
Also present City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and
City Attorney G. Barry Anderson.
2. The invocation was given by the Reverend Larry Johnson.
3. MINUTES
The minutes of the regular meeting of May 28, 1996 and June 10, 1996 and bid opening
minutes of June 7, 1996 were approved as presented.
� ► . eT�l•1� ;
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIALANVESTMENT REPORT - MAY 1996
2. PLANNING COMMISSION MINUTES OF MAY 21, 1996
• (b) DELINQUENT WATER AND SEWER ACCOUNTS
(c) TRANSIENT MERCHANT PERMIT FOR MATTHEW EARL PALMER, DB /A
FOUR SEASONS STEAK, CHICKEN, SEAFOOD
(d) OUT -OF -STATE TRAVEL FOR DIRECTOR RANDY DEVRIES
(e) PAYMENT TO DUANE HOVERSTEN OF MINNESOTA SMALL BUSINESS
DEVELOPMENT CENTER
(f) CONDITIONAL USE PERMIT REQUESTED BY DENNIS CZECH, DMC
DEVELOPMENT CO., TO CONSTRUCT THREE 30 -UNIT BUILDINGS AND
ONE 47 -UNIT BUILDING LOCATED AT 55 NORTH HIGH DRIVE NW WITH
FAVORABLE RECOMMENDATION OF PLANNING COMMISSION WITH
0
STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 10700)
(g)
AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS
2.71 AND 5.22 REGARDING BOAT HOUSES WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION WITH STAFF
RECOMMENDATIONS (FIRST READING OF ORDINANCE NO. 96 -169
AND SET SECOND READING FOR JULY 9, 1996)
(h)
PROPERTY REZONING FROM AGRICULTURAL TO HWY. BUSINESS
(B -1) IN SECTION 33, HUTCHINSON TOWNSHIP, REQUESTED BY BRIAN
AND BRAD LOKENSGARD WITH UNFAVORABLE RECOMMENDATION
OF PLANNING COMMISSION
• (i)
VARIANCE REQUEST FOR REDUCTION OF SIDE YARD SETBACK FROM
10' TO 5' FOR INSTALLATION OF INDIVIDUAL SEWAGE TREATMENT
SYSTEM, HUTCHINSON TOWNSHIP, BY HENRY OGITZAK, 1060 BLUFF
0
CITY COUNCIL MINUTES - JUNE 25, 1996
STREET, WITH NO RECOMMENDATION FROM PLANNING COMMISSION
(j) PROPERTY REZONING FROM AGRICULTURAL TO RURAL RESIDENTIAL,
ACOMA TOWNSHIP, REQUESTED BY SKIP QUADS WITH NO
RECOMMENDATION FROM PLANNING COMMISSION
The motion to approve the consent agenda with the exception of items 4 -(c), (f), (h)
and (i) was made by Council Member Erickson, seconded by Council Member Mlinar
and unanimously carried.
Item 4-(c )-- Council Member Craig recommended denial of the permit based on the
Police Chiefs recommendation, seconded by Council Member Mlinar and
unanimously carried.
Item 4 -(f) -- During discussion of playground and parks contribution, it was noted that
the Parks, Recreation and Community Education Board recommended: (1) the City
collect $4,500 for each of the four building complexes constructed; and (2) at
successful completion of each recreation phase $3,000 be returned to DMC
Development. This project would generate $6,000 in parkland dedication fees and
provide $12,000 worth of play value on site.
Council Member Erickson moved to approve both Board recommendations for
donation, seconded by Council Member Craig and unanimously carried. •
Item 4 -(h) -- Council Member Craig commented that the Planning Commission
recommended to deny the request since sufficient information was not provided
regarding the site. Also, the City has no jurisdiction over the property since it is
located in Hutchinson Township.
The motion was made by Council Member Craig to approve the unfavorable
recommendation of the Planning Commission, seconded by Council Member Mlinar
and unanimously carried.
Item 4- (i)-- Council Member Craig reported the Planning Commission had no
recommendation since the County held a special meeting June 13 to act on the
request.
The motion was made by Council Member Craig to accept the Planning
Commission's recommendation, seconded by Council Member Mlinar and
unanimously carried.
(a) TRANSFER OF OWNERSHIP OF CITY CABLE TELEVISION FRANCHISE TO
TRIAX MIDWEST ASSOCIATES, L.P., OR DD CABLE PARTNERS, L.P., DD
CABLE HOLDINGS, INC. AND ITS VARIOUS SUBSIDIARIES DB /A/
MIDWEST CABLEVISION
Mayor Torgerson called the hearing to order at 6:00 p.m. and read the notice of
hearing. •
• CITY COUNCIL MINUTES - JUNE 25, 1996
A regional marketing representative of Midwest Cablevision was present and advised
the Council that the 120 day window would expire August 17, 1996. He expressed
concern that if the public hearing was continued to August 13, there might not be
sufficient time to respond to any issues raised on that date. He also informed the
Council that Triax intended to implement the planned fiber optic system for
Hutchinson and add Internet in the future.
City Attorney Anderson stated that Attorney Thomas Creighton is working on this
project on behalf of the City. He noted that the transfer would either be approved
at the continued hearing or the problems would be so serious that nothing would
resolve them.
Following discussion, Council Member Erickson moved to continue the hearing,
seconded by Council Member Mlinar. The motion was amended by Council
Member Erickson to continue the hearing to August 13, 1996, amended motion
seconded by Council Member Peterson and unanimously carried. The main motion
unanimously carried.
(b) ASSESSMENT ROLL NO. 5001 & 5001A, LETTING NO. 7, PROJECT NO. 96-09,
96 -10, 96 -11, 96-12 & 96 -13
Mayor Torgerson called the hearing to order and read the notice of hearing on
• Assessment Roll No. 5001 and 5001A.
Engineer Rodeberg explained the five separate projects included in Letting No. 7.
No one was present to be heard.
Council Member Erickson moved to close the hearing at 6:22 p.m., seconded by
Council Member Peterson and unanim ously carried.
The motion to approve all of the projects in Letting No. 7 and to waive reading and
adopt Resolutions No. 10702 and No. 10703 was made by Council Member
Erickson, seconded by Council Member Peterson and unanim ously carried.
COMMUNICATIONS, REQUESTS AND PETITIONS -- NONE
FS OLI TnONS AND •:•1►:► CES -- SEE CONSENT AGENDA
UNFINISHED BUSI!►! NONE
(DEFERRED (a) CONSIDERATION OF REJECTING QUOTES ON TWO GROUNDS
MAINTENANCE MACHINES AND AUTHORIZING RE-BIDDING THE UNITS
..,
Since an attachment was inadvertently omitted from the specification/proposal form
sent out to the bidders, it was recommended that the City Council reject all previous
bids and re-bid the units using the formal bidding process.
• Following discussion, Council Member Erickson moved to approve rejection of the
CITY COUNCIL MINUTES - JUNE 25, 1996
previous bids, seconded by Council Member Mlinar and unanimously carried.
Council Member Mlinar moved to authorize rebidding the units using the formal
bidding process, seconded by Council Member Peterson and unanimously carried.
I` I
(a) CONSIDERATION OF ENTERING INTO CONTRACTUAL AGREEMENT
WITH STATE OF MINNESOTA FOR CIVIC ARENA "MIGHTY DUCKS"
GRANT AND TO ADVERTISE FOR BIDS
It was reported that the City of Hutchinson has been awarded an end grant from the
State of Minnesota for improvements to the Civic Arena. The total project is valued
at approximately $100,000. Since it is a matching grant, the local match will be
provided from a variety of sources. The State will pay up to $50,000 of the project,
and the City's actual cash outlay will be approximately $10,000 - $12,000 from the
City's capital improvement fund.
0
Following discussion, Council Member Mlinar moved to approve entering into
a contractual agreement with the State, to provide city funding for the project, and
to advertise for bids. The motion was seconded by Council Member Peterson and
unanimously carried.
(b) CONSIDERATION OF SCHEDULING CLOSED LITIGATION MEETING •
REGARDING OSGOOD/HAYDEN/LAKE STREET PROJECT FOR JULY 9, 1996
AT 4:30 P.M.
Following discussion, Council Member Mlinar moved to approve a closed litigation
meeting at 4:30 p.m. on July 9, 1996, seconded by Council Member Peterson. After
further discussion, Council Member Mlinar amended the motion to hold a closed
litigation meeting at 4:00 n•m. on July 9, 1996. Motion seconded by Council Member
Peterson and unanimously carried.
(c) CONSIDERATION OF APPROVING REVISED POSITION DESCRIPTION
FOR HUMAN RESOURCES COORDINATOR AND AUTHORIZING
INTERNAL POSTING OF POSITION
City Administrator Plotz commented on the forthcoming retirement of the Human
Resources Coordinator and requested authorization for internal posting of the
position. He reported that the position description had been revised.
Following discussion, Council Member Craig moved to approve the revised position
description and to authorize internal posting and external advertising. Motion
seconded by Council Member Mlinar and unanimously carried.
(d) CONSIDERATION OF RENEWING LIABILITY, COMPREHENSIVE AND
AUTOMOBILE INSURANCE
Insurance Agent Dennis Potter and a representative from Berkley Risk Services
presented insurance renewal information on the City's liability, building and auto •
4
0 CITY COUNCIL MINUTES - JUNE 25, 1996
coverage. It was reported there were no major claims for liability and auto. It was
suggested that the City set up a special fund to cover the large claims. Effective July
1, 1995, the deductible for the LMCIT coverage for property, general liability and
automobile liability was raised to $25,000 from $5,000.
Council Member Erickson directed the Finance Director to research a reserve fund
and report back to the City Council.
Following discussion, Council Member Craig moved to approve the insurance
renewals, seconded by Council Member Peterson and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ATTORNEY
City Attorney Anderson stated that one year ago the City Council approved
commencement of eminent domain on the easement of property located on Texas
Avenue (Floor to Ceiling). He requested authorization to move forward with the
eminent domain process.
Following discussion, Council Member Peterson moved to approve, seconded by
Council Member Mlinar and unanimously carried.
• The City Attorney commented on the transfer of assessments from Lot B to Lot A
for the Word of Life Outreach Center's property and requested authorization from
the City Council to transact the transfer.
(b) COMMUNICATIONS FROM POLICE CHIEF STEVE MADSON
Police Chief Madson requested authorization to execute an agreement with the MN
Department of Public Safety for a $13,000 grant to be used for community oriented
policing purposes. He also requested adoption of Resolution No. 10701 approving
said grant application.
Council Member Craig moved to approve the grant application and to waive reading
and adopt Resolution No. 10701. Motion seconded by Council Member Peterson and
unanimously carried.
(c) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG
Council Member Craig commented on the developer who is constructing the
apartment units without the use of City funding.
(d) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON
Council Member Peterson stated that a resident on Stoney Point Road had
complained to her about the increase in traffic and speeding on this street. It appears
that the traffic on Alan has moved over to Stoney Point Road. Ms. Peterson
suggested that the traffic situation be reviewed.
•
[.7
CITY COUNCIL MINUTES - JUNE 25, 1996 •
Council Member Erickson suggested obtaining a petition from the residents on
Stoney Point Road with a recommendation.
Council Member Peterson commented on a discussion of traffic lights at the recent
Hutchinson Safety Council meeting.
(e) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz commented on the City contract with A.W. Disposal and the
requirement for a Board of Review meeting. He recommended that such meeting be
held in July.
Council Member Erickson moved to hold a Board of Review with A. W. Disposal
on July 9, 1996, seconded by Council Member Mlinar and unanimously carried.
The City Administrator reported that Earl Fitzloff had telephoned and requested a
special meeting with the City Council members to discuss a new approach to his
business establishment and present a drawing.
Following discussion, Council Member Mlinar moved to hold a special meeting at
7:00 a.m. on July 2, 1996 to meet with Earl Fitzloff, seconded by Council Member
Craig and unanimously carried.
(f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING •
Engineer Rodeberg reported on the City clean-up work at the intersection of Hwy.
7 and 15 late Monday when a tractor lost its hydraulic fluid. The intersection was
closed for a period of time to remove the spill.
The City Engineer presented the following update on five projects:
► BLUFF STREET BRIDGE -- July 1 bid; start work late in July.
► FIFTH AVENUE BRIDGE -- Funding shortage; railroad crossing
required change; may postpone project.
► HWY. 7 PROJECT BETWEEN SILVER LAKE AND HUTCHINSON --
Moved from 1998 to 1999.
► 22 EAST BYPASS -- On schedule.
► SOUTH GRADE ROAD -- Two weeks behind schedule; 50 working
day contract.
(a) VERIFIED CLAIMS
The motion to approve the claims and to authorize payment from appropriate funds
was made by Council Member Mlinar, seconded by Council Member Peterson and
unanimously carried.
•
• CITY COUNCIL MINUTES - NNE 25, 1996
MMINWEV131611f ; INS "12
There being no further business, the meeting adjourned at 6:55 p.m.
0
•
• MINUTES
BID OPENING
JULY 1, 1996
John Rodeberg, Director of Engineering, called the bid opening to order at 11:00 a.m. Also present
were Tom Behm ofMN/DOT, O.S.M. Representative, and Engineering Secretary Pat Vander Veen.
Engineer Rodeberg dispensed with the reading of Publication No. 4923, Letting No. 3, Project No.
96 -04; Bluff Street Bridge (S.P. 133 - 104 -04). The following bids were opened and read:
Johnson Brothers Corp.
Litchfield, MN $1,087,973.45
Structural Specialties, Inc.
Hutchinson, MN 1,411,828.00
The bids were referred to the Engineering Department for review and a recommendation.
• The meeting adjourned.
IN
CITY OF HUTCHINSON
BUILDING / PLANNING / ZONING DEPARTMENT
I I I HASSAN STREET S.E.. HUTCHINSON, MN 55350 PHONE: 612-234-4216 FAX: 612-234-4240
•
NEW RESIDENTIAL
PRIVATELY OWNED
BLICLY
HOUSEKEEPING
faro
vuhm1fon or
Nu 9w of V■krbon of
BUILDINGS
No.
DAcInps Ilouefnp axswrdim
LAtis Or/* cods
UUnl Omtr caws
c
o
Single-family uwe, doadrd
,re
101
2
2
225,870
uw, s11■rhod
, a'b
102
Ic 4 nano
T
103
Thos- and bn■
104
Flwarmae buldhp
105
TOTAL: SU of 101- /9S --e
109
NEW RESIDENTIAL
P
A LY OWNED
PUBLICLY
OWNED
NONNOUSEKEEPING
lam
NunWr
of
vak.bon 01
1 Nuibm
ol I
va%nim d
BUILDINGS
No.
fEQKje
Fiocnu
mrublwtlan
Buadrpe
carutrudfm
Chrr cards
Crrd' oorai
■
c
o
No W.. Motels, a i odna
(e ■inlenl ■ocarmbdetlars
bfio
213
Mr
C nodt kwpinp eheia
214
NEW
PRIV
TELY OWNED I
PU BLICLY OWNED
NONRESIDENTIAL
Zorn
Nunbw
v.katicn d
fhnn6or of Vakabon d
BUILDINGS
No.
of
mmb coon
AurdYge owwbudlon
BL9s
Ghw cards
Cow owab
c
o
Amusenwrd, eccial, ■rd reaoe9anal
310
Chnchen and oihw ro aan
319
P■rF4g 9v■9■■ (fa�ps ■ open dodwM
321
Sauk■ slsOms ■rld row paopn
322
HospWa and WditAonaf
377
Ctkw, bnfu, ad ProNNV W
3M
Public works and u919M
371
Sdbols and o1Fa educafond
300
Sbrw and asbmor sarvien
327
OVr narrnWwdW bufldnp
771
Stru"n oMw M bu ldhpe
320
ADDITIONS,
PRIVATELY
OWNED
F
LICGLY OWNED
ALTERATIONS,
11 n
Nundor
VWuskn of
Nunbad
vwuadonof
AND CONVERSIONS
No.
of
combudlm
Bu9dnpe
mrobudfm
Buldbpo
Grrw o
Orrhk corns
w
roi
(c)
(d)
c.I
Hft0w W- Cft&Wy edfWmof
474
MWW ■ad c"pab n kem 43i
13
40776
al and n
Nonrowdenllort=%*npby
437
Adddlf io e d rordwft par" and
479
(aarhod and dofadnod)
E
J� had)
VA LY D
P
IC D
AND RAZING
Dam
Nurbr
Nun bad
Number of
Nunbw of
OF BUILDINGS
No.
a
Hou" urds
f3Wd po
Ilo a uYn
BWldrge
c
o
S C w
ap k4artiyhouns(oaedAd a d dD84
Two rr buidhp
646
Thos - and four -fan* W16nps
647
Fmp a faml buddinpe
w
N c*- ' buidigs and sb d ft
60
un - -
• Total permits 73 Total Valuation $5,084,918.00
- x (1)
• ORDINANCE NO. 96 -169
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464,
SHORELAND MANAGEMENT ORDINANCE, SECTIONS 2.714,
2.753 AND 5.22 REGARDING BOATHOUSES
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 Sections 2.714, 2.753 and 5.22 are amended as follows:
Section 2.0 - GENERAL PROVISIONS AND DEFINITIONS
2.714 Boathouse. "Boathouse" means a structure designed and used principally for the storage
of boats or boating equipment. Boathouses, whether considered as water oriented accessory
structures, storage buildings, or otherwise, are prohibited. Expansion of or addition to existing
boathouses is also prohibited.
• 2.753 Water - oriented accessory structure or facility. "Water- oriented accessory structure or
facility" means a small, above ground building or other improvement, except stairways, fences,
docks, and retaining walls, which, because of the relationship of its use to a surface water feature,
reasonably needs to be located closer to public waters than the normal structure setback. Examples
of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump
houses, and detached decks. Boathouses are not permitted nor considered as water- oriented
accessory structures.
5.22 Design Criteria For Structures
B. (6) Water - oriented accessory structures used principally for watercraft storage are prohibited.
Storage of related boating and water - oriented sporting equipment in the shoreline impact zone, may
occupy a structure with a maximum door opening of 3'0 ". an afea up to 400 sotme feet-i�
SECTION 3. This ordinance shall take effect from and after its passage and publication.
Adopted by the City Council this 9th day of July, 1996.
ATTEST:
• Gary D. Plotz, City Administrator
Marlin Torgerson, Mayor
RESOLUTION N0. 10704
CITY OF HUTCHINSON
• RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE I DEPT.I BUDGET I VENDOR
The following items were authorized due to an emergency need:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
8,500 Gallons 90 Octane
107 Ethanol Gasoline
9,171.5 (
HATS Resale
HATS
Yes
Cenex Inc.
Date Approved: July 9, 1996 Resolution submitted for Council action
• Motion made by:
by:
Seconded by: Kenneth B. Merrill, Finance Director
�' \ Z)
0 RESOLUTION NO. 10705
AUTHORIZING RELEASE OF PLEDGED SECURITIES
FROM CITIZENS BANK & TRUST CO., HUTCHINSON, MN
WHEREAS, Citizens Bank & Trust Co. of Hutchinson, Minnesota,
a city depository, has requested release of the following security
under the collateral agreement with the City of Hutchinson:
FEMA 07 -19 -96 $ 1,000,000.00
(cusip31364az88)
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 9th day of July, 1996.
Marlin Torgerson
Mayor
ATTEST:
Gary D. Plotz
• City Administrator
Hutchinson Public Library Board Meeting
. Monday, June 24, 1996
Members present: Mary Henke, Paul Wright, Kay Peterson, Pioneer -
land Library Representatives Larry Ladd, and Connie Lambert.
Members absent: Joyce Beytien, Lois Carlson, Sue Munz, Richard
Peterson and Joe Schulte.
Minutes from the May 20th meeting were reviewed. Kay P. moved the
minutes be approved. Motion was seconded by Connie and minutes
were approved.
Old Business:
Dave Skaar delivered the portrait of Ralph Bergstrom and the recog-
nition plaque. The bill for the project was $ 146.79 and will be
paid for with Bergstrom memorial funds given to the library. The
picture and plaque will be hung in the entryway of the library.
The light fixtures continue to be a problem with dimming. John
Korngiebel, the architect of the building expansion, is having a
mechanical engineer check the bulbs to see if that's the problem.
The roof leak seems to have stopped. Possibly, the expansion of
the roof during the summer heat has closed the leak temporarily.
Library staff will monitor the area for leaks.
The library board's presentation at a city council workshop is set
is for 4:30, July 9 at the City Center. Kay Peterson encouraged all
board members to attend the workshop. Sue Munz had prepared a re-
vision of the board's presentation based on suggestions made at
our last board meeting. Joe Schulte will make a brief introduction.
Mary will give an overview of PLS and its service to our local
library and community. John Houlahan, PLS director, will make a
10 -15 minute explanation of the automation project. Kay is going
to invite Sheldon Nies, the county commisioner who represents us on
the PLS board, to attend the workshop.
New Business:
We discussed public relations efforts to promote awareness of the
library. It was decided to promote the library's automation pro-
ject after our presentation to the city council. An article in the
Hutchinson Leader, a talk show on KDU7 and KARP, and the Chamber of
Commerce's TV show on cable channel 10 were suggested as ways to inform
the public. Another idea_ to increase awareness of the library was
to develop a brochure that could be placed at City Center, the
schools, the Chamber of Commerce office, Welcome Neighbor service,
and other key locations in the community. Paul suggested a float in
the Water Carnival would be a creative way to promote the library.
Reports form Pioneerland Library System representatives:
Connie reported on the funding request for the automation project
• that was approved at the last PLS meeting. Larry said the Person-
nel committee is completing a revision of the personnel policy.
Since we will be meeting with the city council on July 9, it was de-
cided to skip the July 22nd meeting unless needed. Our next meeting
will be Mon. Aug. 26, 1996. The meeting was adjourned.
Mary Henke, Acting Secretary '171 _cY
0
HUTCHINSON AREA CHAMBER OF COMMERCE
206 Main Street North • Hutchinson, MN 55350
(320) 587 -5252
•
•
June 21, 1996
Mr. Gary Plotz
City Administrator
City of Hutchinson
111 Hassan Street Southeast
Hutchinson, MN 55350
Dear Mr. Plotz,
The 22nd Annual Arts & Crafts Festival of the Hutchinson Area Chamber of Commerce will be
held Friday, September 13, 10 a.m. to 6:30 p.m., and Saturday, September 11, 9 a.m. to 5 p.m.
We have contacted Mayor Torgerson, the Hutchinson Police Department, the Park and
Recreation Department and the Street Department for their assistance. If you have any questions,
please call the Chamber at 587 -5252.
T he Hutchinson Ambassadors also wish to reserve all concession rights in the downtown area as
well as the control of any and all food exhibitors for the Taste of Hutchinson. T he Ambassadors
have an agreement with Mai nStreet- Hutchinson regarding the operation of the Popcorn Wagon
during the event.
Thank you for your cooperation and for all the help you've provided in the past.
Sincerely,
Christine Haefner
HACC Arts & Crafts Task Force Member
19
ACCREDITED
0
TO: Mayor & Council
C.
FROM: Dolf Moon, Director PRCE
DATE: July 3, 1996
RE: Out of State Travel
This memo will serve to inform the Council that John Arlt has been named as the
NYSCA 1996 District Coordinator of the Year.
I am requesting that John be allowed to attend the NYSCA Conference and Award
• Ceremony held in Palm Beach Shores, Florida. Dates of the conference are Wednesday,
August 7 through Sunday, August 11.
Conference fees, lodging and airfare are included as part of the awards package.
LJ
City Center
11 / Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN55350 -3097
(612) 587 -2975
Fax(612)234 -4240
- Primed on recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(612) 587 -2242
Fax(612)587 -6427
WSCAWS c NATIONAL HEADQUARTERS i
N EWS West Palm Beach �FL 33411
561-684-11411 • FAX 561-684-25464
1996
NYSCA DISTRICT COORDINATOR
OF THE YEAR AWARD
John Arlt from Hutchinson, Minnesota, has been named District
Coordinator of the Year by the National Youth Sports Coaches Associa-
tion (NYSCA), a national nonprofit organization whose goal is making
sports positive and safe for America's youth.
Arlt was chosen from a field of over 200 NYSCA District Coordinators
nationally.
As a Parks & Recreation Specialist with Hutchinson, John continues
to serve the NYSCA as a District Coordinator since 1992. "John has con-
sistently and unwaveringly volunteered his time to the "NYSCA
mission with a great deal of effort, enthusiasm, and commitment ",
NYSCA of Minnesota State Director, Jon Burlingame said.
The District Coordinator of the Year Award is one of the most prestigious
honors bestowed upon a volunteer involved in the NYSCA. 'We believe
that the District Coordinator is the key to the success of the NYSCA.
John Arlt demonstrates what we would define as the exemplary District
Coordinator and truly deserves this recognition ", NYSCA National Execu-
tive Director, Michael Pfahl said.
John will be honored at the 11th Annual NYSCA Conference in Palm
Beach Shores, Florida, August 8, 1996.
L/ — ,,rj,
•
Form No.
SHORT -TERM $50.00
RETAIL "ON SALE"
btate of ff[innenta,
COONTr OF Mc Lead _. City_ _ OF Hutchinson
To the City Council .. of the Cicy , . .......................... Hutchinson
__.._....._ State of Minnesota:
. HUTCHINSON JAYCEES
hereby apps i.z.s for a Ueerx for the term of _ .... Ong _daY- . _ .
from the........__ __._19th.. ..._ ..... ............day of_....... .... dmjy_ .............. .__... ... __.., 19.95.._, to seU
At Retail Only, Non-Intoxicating Malt Liquors,
d the same are defined by law, for consumption "OX" thine oertain promises in the.. ._.._._..__....._.— ..
..__ _. _. ............ _..... ._............ _.. Lity. ...._..__. of .._....... utchiIICtn..._ _.___. —_.._. ._— ..__....._._
d escribed " follows, to-wit:. _.. ......._......__.._......_,.._._. ._.___.... _..._.... _.___1._____
Street Dance during Crazy Days -- July 19, L996, from 7:00 - 11:00 P.M.
Location of First Avenue SE between Main and Hassan Streets
at which plane said applicant..... opmats.. the baslnds of
•
.. .....__.._._....._.. —_._. _.__.____.._
and to that end represent.__ and state as foilwos:
That said applicant ............._is_ a..__ ..____.......__._..IStiun...... of the United Stater; of good moral ohaFadt
and repute; and ha _ _ attaiud the age of 21 years; that___.__......._...___.._. _...__._ ....... _proprietor..._,f the
establishment for which the license will be issued if this application is granted.
That no manufacturer of such notiintarieating malt liquors has any ownership, in whole or in. part,
in said business of said applicant.... or any tntered therein;
That raid applicant.. make this application purruant and rubjed to all the laws of the State of
Minnesota and the ordinances and regulations, of said .--------- CI[ Y..._.._.___._.____....__ —_.__.
applicable thereto, wh ieh are hereby made a part hereof, and hereby agree__, to obseroe and obey the same;
...........
Is-
Recommend approval with restrictions and requirements as in the past.
Driver's License L.D. to be required for purchase.
Steve Madson, Police Chief
Each applicant further states that —he is not now the holder of, nor has —he made application for,
nor does _he intend to make application for a Federal Retail Dealers Special tax stamp for the sale of
intoxicaiing liquor.
• I
Dated _...._.tL4.!�.
F IIO
C hr rf
Q y/ �,
P. O. dddm@*J_ .... ...�a1.-_._._ _ .
4 -F
0
BOXED AD - 4" x 5"
PUBLIC NOTICE
CITY OF HUTCHINSON
BOARD OF REVIEW MEETING
A. W. DISPOSAL SANITATION SERVICES
6:00 P.M.
TUESDAY, JULY 9, 1996
The City Council of the City of Hutchinson will meet to hold a Board of Review regarding
IS solid waste services provided by A. W. Disposal sanitation services. The hearing will take place at
the Hutchinson City Center, 111 Hassan Street SE, on Tuesday, July 9, 1996, at 6:00 p.m.
Public input from city residents is invited.
PUBLICATION NO. 4932
PUBLISHED IN THE HUTCHINSON LEADER
TUESDAY, JULY 2, 1996
AND
TUESDAY, JULY 9, 1996
is
PUBLIC UTILITY POLICY
NATURAL GAS SERVICE
WHEREAS, the City of Hutchinson desires to establish a policy on natural gas service
outside the city limits, and
WHEREAS, there is no federal or state territorial regulation or law for providing gas service
adjacent to the city limits of Hutchinson,
WHEREAS, the city herein reserves the right to have different policies for all other
services, including water, wastewater and electric,
WHEREAS, the city will evaluate each application for natural gas on a case by case basis,
according to the following requirement:
1. An existing natural gas main is currently in place and is in reasonable
proximity to the property to be served.
2. The hook -up, including any internal service line, equipment, or
miscellaneous cost, is paid 100% by the applicant. (Flat rate
hook -up charges that apply to the customer within the city limits
are not applicable).
BE IT RESOLVED, the City of Hutchinson hereby adopts said policy for implementation
by its public utility.
is
Q
►U► 5 1996
To: Gary Plotz
From: John Webster
Subject: DRAFT OF PUBLIC UTILITY POLICY FOR NATURAL GAS SERVICE
Attached are comments to the draft policy for natural gas service outside of the city limits.
Requirement No. 1: "Reasonable proximity to the property" This may be construed as adjacent
property or it may be property within 1000 yards. Open to potential
customers interpretation-
Natural gas main must be directly in front of the property in question.
• Does the City wish to enforce fuel line inspections in these areas? At this time, no inspection is being
performed, only a cursory check by the plumber. Hutchinson Utilities does not perform a fuel line check
for any customer unless a possible leak is reported to us.
If you should have any questions or comments regarding the above please contact me at 234 -0507.
r1
L J
Attachment
9 -A
0
C
MEMORANDUM
TO MAYOR AND CITY COUNCIL
FROM HAZEL SITZ, HUMAN RESOURCES COORDINATOR .
RE ANNUAL CITY APPRECIATION PICNIC
0
The Annual City Appreciation Picnic is traditionally held in August, the week
following the McLeod County Fair. ("Phis year will be the 22nd annual picnic.)
This year, the probable date would be Wednesday, August 21. An inside location
seems to be preferable due to weather concerns, and either the Civic Arena or the
Recreation Center would be available.
Does the City Council wish to proceed with the picnic on August 21 this year? Are
there any special instructions concerning the picnic?
•
City Center
III 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 (310) 234 -4240
- Printed on recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350.2464
(320) 587.2242
Fax (320) 587 -6417
July 2, 1996
11
M E M O R A N D U M
July 2, 1996
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Consideration of Approving Clerk/Administrator's Certificate for
Federal Aid Project (Bluff Street Bridge and Roadway)
Attached please find a copy of the above referenced certificate. Also note the
• proposed project breakdown based on the bid estimate. Since the actual bid was
slightly more, the individual amounts will also rise. We also will be reviewing the
potential deletion of the "Architectural Surface Treatment" (stone look) in order to
help reduce costs. The bid cost was approximately $90,000 with the city's share
being about 70 %. Although this cost is "State Aid Eligible" it would reduce our
future funding availability.
cc: Cal Rice
0
City Center
III Hassan Street SE
Hutchinson, MN 55350 -2522
(320) 587.5151
Fax (310) 2344140
Parks & Recreation
900 Harrington Street SW
Hutchinson„ VN 55350.3097
(320) 587 -2975
Fax (320) 2344240
Printed on recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(320) 587.1242
Fax (320) 587.6427
CLERK/ADMINISTRATOR'S CERTIFICATE
FEDERAL AID PROJECT
STATE OF MINNESOTA ) REFERENCE (S.P. 133 - 104 -04
City of Hutchinson ) ( BR STP 4395 (001)
I, Kenneth Merrill. the duly appointed, qualified and acting City Clerk/Administrator of the
City of Hutchinson State of Minnesota, do hereby certify that a regular meeting of the City
Council of the City of Hutchinson held on the 9th day of July ,1999&, the following named
contractors: Johnson Bros. , Inc.
Structural Specialties Inc.
submitted bids for the furnishing of all labor, tools, materials and equipment necessary for the
construction of the work provided for under plans and specifications for that improvement on
constructing Bridge 43531 otherwise known as:
S.P. No. 133 - 104 -04 , Minnesota Project No. BR STP 43905 (001). located over South
Fork Crow River in Hutchinson T1 17N- R2 9W approximately .149 miles in length.
The bid of Johnson Bros.. Inc. in the amount of $ 1,087,973.45
appeared to be the lowest bid received, subject to final audit, and on motion by Councilperson
and seconded by Councilperson
it was voted by said City Council to recommend to the Commissioner of Transportation, as Agent
for said City, that: (said contract be awarded to the lowest responsible bidder) or (that all bids be
rejected).
Attest:
City Clerk/Administrator
Chairperson, City Council
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this
16L day of July , 19 96.
13
•
Chairperson /Administrator •
Recommendation: I concur with the above recommendation
District State Aid Engineer
Bluff Street Bridge Fundin
nt
OVRY :7117 7tITFc.F 9WK
-1 11 11 • 1 11 • • 11
5Z M �- 1• 11 1• 11
$175,000.00 $90,500.00 1$1,016,450.00 1$1,281,950.00 1
gAstateaid\funding.wb2 -June 24, 1996
CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 612 - 234 -4209
BID TABULATION
SAP 133 - 104 -04 - CITY OF HUTCHINSON LETTING NO. 31PROJECT NO. 96-04
BID OPENING: 07/01/1996 AT 11:00 AM
\ '
ITEM
NO.
_ 001
002
DD3
005_
006
007
009,
010
011
012
013
014_
015_
010
017
018
019
021
_
0 22
025
026
027
_029__
0
030
031
032
033
_ 034
035
036
037
:Vmppro1Y1996UdlabV3.wk4\Page
SPEC.
_REF. _
_ 2021.501
2031.501
2401.501
2401512
2401.513
401515
2401.541
0401,601
0401.603
0401.612
2402.583
2402.595
2404.501
2452.607
2452.508
_ 245251
2511,511
2545.509
_ ..
2101.502
2101.507_
2104.501
_ 2104503_
2104.503
2104.509
_2104.513_
2104.523 _
2104,523
2104.523
2105.501
2105.522
2105.525
2211.501
ITEM DESCRIPTION UNIT
MOBILIZATION LUMP SUM
FIELD OFFICE TYPE D EACH
CATEGORY TOTAL -
STRUCTURAL CONCRETEIIA43)
BRIDGE LAB CO -. _ - -- __. M2
TYPE F RAILING CONCRETE (3Y40A) M
SIDEWALK C (3Y46A)
REINFORCEMENT BARS (EPDXY COATED) _ _ _ - _ KG _.
STRUCTURE EXCAVATION LU MP SUM
ARCHITECTURAL SURFACE TREATMENT
SPECIAL SURFACE FNISH(INPLACEI M2
ORNAMENTAL METAL RAILING TYPE, _ __. _ M_
PIPE RAILING _ - M
CONCRETE OVERLAY TYPE SPECIAL M2
C -I-P CONCRETE PILING DELIVERED Ws M M M
C-I-P CONCRETE PILING DRIVEN 305 MIA _ _ - _ - - _ -_ _ M_
C-I-P CONCRETE TEST PILE 18 M LONG 305 MM EA CH
GRANULAR FILTER - -- - -- - _ M3
EROS ION
CONDUIT SYSTEM MAT
EM _. - _LUMPSUM
CATEGORY TOTAL _ -_ _. _-
CLEARING
GRUBBING - _._ _ -.._ _ �- TREE_
REMOVE SEWER PIPE STORM _ M
REMOVE CONCRETE SIDEWALK M2
REMOVE BITUMINOUS PAVEMENT -- - - - -- 2
REMOVE MANHOLE OR CATCH BASIN _ EACH
SA WING BIT PAVEMENT (FULL DEPTH) _ _ _ M
SALVAGE CASTING _
SALVAGE HYDRANT _EACH _
SALVAGE LIGHTING UNIT EACH _
COMMON EXCAVATION M3
SELECT GRANULAR BORROW (CVO _ M3
TOPSOIL BORROW 1LV) _ - __ -- M3 -
AGGREGATE BASE CLASS S MOD T
BRIDGE APPROACH PANELS _ LUMP SUM
1
0
ESTIMATED
QUANTRY
BID
QUANTITY
1
1
745
70
82390
1
856
89
24
782
783
783 _ _
4
130
7
3 _
198
68
4510
8
48
1
1
3102
1319
400
3960
1
C17Y OF HUTCHIINSCIN
111 NASSAN
HUTCHINSON
320- 2314200
ST BE
MN 55350
JOHNSON BROS., INC. STRUCTURAL SPEC., INC.
23577 MN HWY 22 P O BOX 502
LITCHFIELD MN 55355 HUTCHINSON MN 55350
3204193-9192 321-5 -6719
BID PRICE BID TOTAL BID PRICE BID_TO_ TAL_
$55,00000 _ 555,000.00 $141,180.00' $141,180 DO
$1,50000 31,50.0' $5,350.23 $5,35023
$56.500.00 j 3146,53013
_ 5200.001 5149,000.001 5$27000! 3
$25000 $17,500.00 $345.00 $24,150.00
$ $1.30 11 $1075107.0 $ $1 20 $98,
$24,000.00 $24,000.00 $9,379.00 $9,379.00
$1 $ 84
38.00 56,8 0 . $3000 5$23.680.
_ $30000. _ $26,700.00 $240.01 0
$21,36000
$350 -00 $8.400.00 $332.00 $7.968.00
$25.00 $19,55000 $38.00_ $29,71600
$35.00 $27,405.00 $24.00 $18.792.00
$300 $2,349.00 33.00 $2.349.00
56,000.00 _ $24,000.00 $_8,800.001 $35,200.00
$32.00 54,160.00 $26.00 $3,360.00
80.001 $4.800,00,
$4,80000 54,800.00' $45 $
,$685,014.0 1 5683.43800
$450.001 $1,350001 $450.00 s 0i 57,10 50
$3000 $5,94000 $3000 $5,94000
_ $000 _ $408.00 $6.00 $40800
$200, 39,020.00 $2001 $9,020.00
$200.00 $1,600.001 $200.00 $1,600.00
550.00 f1,2��1 f�, $1,$w
$30000 5300.00' $300.001 $300.001
$500.00 $500 00' $265.001 $265001
31.25 $13,183.501 $4.251 $13,18.7.50
$14.151 $18,663 85 $14 15 $18,963.85
$16.05 $6,420.001 516.05! $6,420.00
$12421 $49.183.20 $1242 $49,18320
0 301.601
530, 00.00, $30.000.00 $28,600.00 $28,80000]
ESTIMATED
ESTIMATED
UNIT PRICE
TOTAL
1
f30, 000.00
$30,000.00
1
$5000.00
$5,00.0
$36.000.00
$
745
160.00
$111750.00
_
70
$140.00
$9,800.00
62390
$1.25
$102,967.60
1
$43400.00
$43400.00
1
869
$ 14.50
$12,412.00
_
89
$240.00
$21.360.00
24
$200.00
$4,800.00
782
$35.00
$27,370.00
783
$47.50
$37,19250
783
$6b0
$5089.50
4
$2 .00
$9400.00
130
$25,00
$3250.00
7
1
11
$8600.00
$8,600.00
$708.666.50
3
$150.00
$450.00
198
520.00
53860.00
68
$8.00
{7.20
$544.00
4610
$5,41200
B
5200.00
_
S7,6W 00
48_
$100.00
500,00
1
320.00
$20.00
1
Moo
$20000
3102
$3.60
11,787.60
$6.615.90
_
131E
]6.10
400
$10.00
$4,000.00
_
3960
5980
539 .00
1
•
1,000.00
_S21,000.p0_
0 0 0
CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON MN 55350 612 - 2344209
BID TABULATION
SAP 133 - 104-04 - CITY OF HUTCHINSON LETTING NO. 31PROJECT NO. 96-04
BID OPENING: 07/01/19% AT 11:00 AM
ITEM I SPEC.
NO. REF.
038_ 2340,508
039 2340,514
040 2357,502
04 1 _ 0412.802
042 2442.501
04 _ 250_1.515
044 2501.521
045 2501.525
048 _0501.802
bl7 0501.602
048 2503.541
D50
051
052
053
054
2503.541
2503.541
0503.602
0504.602
0504.602
D57
058
059
060
061
062
063
064
065_
06_8
067
D68
089
071
072
074
075
076
On
07_8
079
0504.603
0504.605
0504.807
0504.607
0504.620
2506.501
2506 516
2506.521
2506.5 _
0506602
0514.801
2521.501
2521,511
0521.6G4
2531.501
2531.507
0563.601
2564.531
0564.602
0564.602
D564 602
6564.603
REM DESCRIPTION
TYPE 41 WEARING COURSE MIXTURE_
TYPE 31 BASE COURSE MIXTURE
BITUMINOUS MATERIAL FOR TACK COAT
RELOCATE PLANTER -- -_ --
REMOVE OLD BRIDGE
800 MM R C PIPE APRON
11 MM SPAN RC P CULV CL I IA_
1110 _MM SP RC PIPE -ARCH APR _ _
TRASH GUARD FOR 6_00 MM PIPE AP
TRASH GUARD FOR 1200 MM PIPE APRON
300 MM RC PIPE SEWER DESIGN 3006 CL V
375 MM RC PIPE SEWER DESIGN 3008 CL V
450 MM RC PIPE SEWER DESIGN 3008 CL V
600 MM RC PIPE SEWER DESIGN 3008 CL III
CONNECT TO EXISTING MANHOLES
CONNECT TO EXISTING WATER MAIN
INSTALL HYDRANT
ADJUST GATE VALVE
152 MM WATER MAIN- DUCTILE IRON CL 52
203 MM WATER MAIN- DUCTILE IRON C 52
100 MM POLYSTYRENE INSULATION
152 MM GATE VALVE AND BOX____
203 MM GATE VALVE AND BOX
DUCTILE IRON FITTINGS
CONST DRAIN STRUCTURE DES 1200 MM 4020
INSTALL CASTING
ADJ UST FRAME 3 RING CASTING
RECONSTRUCT DRAINAGE STRUCTURE
PRECAST CONCRETE EROSION CONTROL MAT
50 MM CONCRETE WALK _
50 MM BITUMINOUS WALK
SAWING CONCRETE WALK
CONCRETE CURB 6 GUTTER DESIGN B 618
200 MM CONCRETE DRIVEWAY PAV EMENT
UNIT
T
T
L
EACH
LUMP SUM
K4
EACH
EACH
EAC
M _.
M
M
M
EACH
EACH
EACH _
EACH
M
M2
ASSEMBLY
ASSEMBLY
KG
M _
EACH
EACH
SIGN PANELS TYPE C
PAVEMENT MESSAGE (RIGHT ARROW) EPDXY
PAVEMENT MESSAGE (STRAIGHT ARROW) EPDXY
PAVEMENT MESSAGE (LEFT -THRU ARROW) EPDXY
PAVEMENT MESSAGE (RR CROSSING) EPDXY
100 MM SOLID LINE WHITE -EPDXY
400 MM SOLID LINE WHITE EPDXY
EACH
M2
M2
M2
M
M
M2
LUMPSUM
EACH
EACH
EACH _
EACH
M
M
IMATEO
ANTTIY
BID
QUANTITY
560
840
970
3
1
1 _
42
1 _ _
1
1
14
17
21
47
2
2
1
2
16 - _ -
113
9
1
1
310
13.72
10
1
8
3
35
935
320 _
3
590
204
1
3.85
2
1
1
445
_86
CITY OF HUTCHINSON
111 HASSAN
HIJTCMNSON
32U -234
ST BE
MN 65351
-4209
JOHNSON
23577 MN
LITCHFIELD
320.693
BIO PRICE
$32.50
$31.46
$0.53;
$150,001
$20,000.00
$375.001
$266.00
5725.00
$275.00
5450.00
$81.00
585.00
$92.50
$114.50
5550.00
$400.00
$400.00
$250.00
$86.50
39550
$1060
$63800
$768.00
54451
$540.00
$360.00
$200.001
5300.00
5500.00
$70.00
$32.00
$11.95
$20.00
$26.55
$35.30
$10,000.00
$263.72
$10500
$105.001
$155
$470.001
$1.671
512.50,
BROS., INC. STRUCTURAL SPEC., INC.
HWY 22 P O BOX 502
MN 55355 '�, HUTCHINSON MN 65350
-9192 320- 587 -6719
BID TOTAL BID PRICE BID TOTAL
$18,20000 $3250 _$18,20000
$31,45 $26.418.00
$51410' $0.53 $514.10
$45000 $150.00 5450.00
$20,000.00 $8,700.00 $8,700.00
5375.00, $375.00 $375.00
$11,17200. S266.00 $11.172.00
$725.00' $725.00 $725.00
$275.00 S275.00' $275.00
$450.00 $450.00' $45000
51,134.00 $81.001 $1,13400
$1,445.00 $85.00 5744500'
$1,94250 $92.50. $1,942.50
$5,381.501 S114.50' $5.381.50
$1,100.001 $550.00, $1,10000
$600.00 $'100.001 $am 00
$400.001 $400 D0 $400.00.
$500.00' $250 DO $50000'
$1,304.00 $86.50 $1.30400
$10,791.50 $95.501 $10,79150
$95.401 $10.60' $9540
$638.00 _$838.00 : $638.00
$7( 8.00 5768.00E $76800
S1,37B.50 $4,45 $1,379.50.
$7408.80 $540. DO $7,408.90
$3,6D)W, $380.00' $3.600.00
5200.00 $200.00 $20000
$2,400.00 $300.00 $2,400.00
$1,500.00 550000 $1,500.00
$2,450.00 599.001 $3.46500'
$29,920.00 $32.001 $29.920.00
$3,824.00 $11.951 $_ 3,824.00
$60.00 $20.001 $6000'.
$15,66450 $33.001 $19,470.00
$7,201.201 $3800 $7,344.00.
$10,000.00! $15.300.001 $15,300.001
$1.015.32 $258.00' $993.30
$210.00 $105.00 $210001
$210.00 $105,00' 5210.00
$155.00 $155.00
$470.001 $470.001 $470.001
$743.15 $1.67 $743.15
$1,075.00 $12.50 $1.07500
ESTIMATED
_
ESTIMATED
UNIT PRICE
TOTAL
650
$31.75
$17780.00
840
$31.75
526,670.00
970
30.36
$339.50
3
3200.00
$MOO
_
1
$15,700.00
515,700.00
1
/2
$500.00
$600,00
$=.60
$14.700.00
1
$1000.00
$1,000.00
1
3800.00
$600.00
1
31.500.00
$1, 500.00
14
$85.00
$910.00
17
378.00
$1.275.00
21
360.00
$1080.00
47
$98,67
$4,632.79
2
S250.D0
$600.00
2
$150.00
$300.00
1
$800.00
$800.00
2
$150.00
$300.00
1e
560.00
Seoo.
113
MOD
38 .216.00
B
$18.00
$162.00
1
3500.00
$ 500.00
1
3600_00
$3,00
_ $600.00
$83000
310
3.72
$476.00
38,517.00_
10
$300.00
$3.000.00
1
$100.00
$100.00
- s
MOD
1,90000
3
$800_00
$1,80000
35
$60.00
$2100.00
935
$19.00
$17,765.00
320
S11.D0
$3,520.00
3
38.00
$24.00
590
$21,00
$12
204
$30.00
1 $6.120.00
)A9
$8,000100
$7,920.00
765
2
_$270
$66.00
31,039.50
5730,00
2
$05.00
$130.00
1
$65,00
386.00
1
$65.00
$86.00
416
$1,65
573126
$4.80__
5112.80
h:Umppmj11996V7idtabV3.wk41Page 2
•
CITY OF HUTCHINSON, 111 HASA SE, HUTCHINSON MN 55350 612- 234 -4209
BID TABULATION
SAP 133 -10404 - CITY OF HUTCHINSON LETTING NO. 31PROJECT NO. 96-04
BID OPENING: 07/01/1996 AT 11:00 AM
ITEM
SPEC,
JOHNSON BROS., INC.
23577 MN HWY 22
LITCHFIELD MN 55355
3204393 -9192
BID PRICE 810 TOTAL
$19.15 $143.63
$3.65 $992.80
$14.45 $1,616.40
$1.80 $2700
$200.00 $1.000.00
$7.00 $770.00
$2,600.00 $442.00
$10.00 $90,00
$2,70 $5,130.00
$275.00 $220.00
$43000 $73.10
$2.40 $1,16400
$2.00, $72,00
NO,
REF.
ITEM DESCRIPTION
081
0561 803
600 MM SOLID LINE WHITE -EPDXY
082
0564.603
1100 MM DOUBLE SOLID LINE YELLOW -EPDXY
083
0564.603
1600 MM SOLID LINE YELLOW -EPDXY
084
0564 603
100 MM BROKEN LINE YELLOW -EPDXY
085
2571.541
'TRANSPLANT TREE (80 MM CAL DECIDUOUS)
086
2573.502
$SILT FENCE, TYPE HEAVY DUTY
087
2575.501
SEEDING
098
2575502
SEEDMIXTURE50A
089
2575.505
SODDING TYPE LAWN
090
2575 511
$ MULCH MATERIAL TYPE 1
091
2575.519
'DISK ANCHORING
092
2575 523
WOOD FIBER BLANKETS TYPE REGULAR
093
2575.532
COMMERCIAL FERT ANALYSIS 10 -10 -10
( CATEGORY TOTAL
(TOTAL - SAP 133- 144 04 - LETTING NO. 3IPROJECT NO 96-G4 _
UNIT
M
M
M
M
TREE_
M
HA
KG
M2
T
RA
M2
KG
BID
QUANTITY
7,5
272
_ 112
15
5
110 _
0.17
9
1900
0.8
0.17
485
36
CTTYOFHUTCHA4HON
111 HASSAN ST BE
HUTCHINSON MN 66$0
320 - 234-4209
JOHNSON BROS., INC.
23577 MN HWY 22
LITCHFIELD MN 55355
3204393 -9192
BID PRICE 810 TOTAL
$19.15 $143.63
$3.65 $992.80
$14.45 $1,616.40
$1.80 $2700
$200.00 $1.000.00
$7.00 $770.00
$2,600.00 $442.00
$10.00 $90,00
$2,70 $5,130.00
$275.00 $220.00
$43000 $73.10
$2.40 $1,16400
$2.00, $72,00
STRUCTURAL SPEC., INC.
P O BOX 502
HUTCHINSON MN 65350
320- 567 -6710
BID PRICE BID TOTAL
$19.15 $14363
$3.65 $982.80
$1445 $1,618.40
_ $1.80 _ $27.00
$300.00 $1,500.00
$1150 $1,265.00
$2,500.00 $425.00
$20.00 $18000
$3.60 $8,840.00
$1, 1 DD DD 8680.00
$1,_23500 $209.85
$240 $1,164.00
114.45 $160.20
ESTIMATED
E1TTgMTED
UNIT PRICE
TOTAL
87-20
854.00
83,30
8897.60
$7.20
3806.40
i1.75
82826
$150.00
$750.00.
$8.25
$007.60
82866.00
$604.06
$5.00
$45.00
$2.10
$3,99000
$140,00
$112.00
$240,00
$40.80
$1.26
8808.25
. $2.00
$72.00
7270218 $346,458.45 _ $347,628
$1,016,388.08 _ _ _- S1,OB7,B73A5 j $1,377,598.01
h:VmpprgY199ftldtabV3.wk41Page 3
•
1
L
i
M E M O R A N D U M
July 3, 1996
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
RE: Consideration of Approving Memorandum of Understanding (MOU)
for TH 22 Bypass Construction
Although it appears as if we have previously signed this document, Mn/DOT
• apparently would like reconfirmation. This document has no binding authority, but
acts only as a frame of reference for future negotiations and agreements. The only
issue that directly effects the City is paragraph VI(a) which notes that when the TH
22 bypass is completed, the Washington Avenue portion of existing TH 22 will be
given back to the City. The City will then be eligible for State turnback funds for
reconstruction.
cc: Cal Rice
•
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
(310) 587 -2975
Fax (320) 2344240
Police Sen4ces
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(320) 587 -2142
+ Fax (310) 587 -6427
- Printed on recycled paper -
0
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION ( "Mn /DOT "),
THE COUNTY OF McLEOD AND THE CITY OF HUTCHINSON REGARDING EARLY
COORDINATION IN THE DEVELOPMENT OF A HIGHWAY FACILITY ON NEW
LOCATION NEAR THE EASTERN EDGE OF THE CITY OF HUTCHINSON.
SECTION A. LOCATION OF PROPOSED NEW FACILITY
From a point on T.H. 22 at or near the Southwest corner of Section 9, Township 116
North, Range 29 West to a point on T.H. 7 at or near the West line of Section 33,
• Township 117 North, Range 29 West.
SECTION B. PURPOSE AND SCOPE
The Memorandum of Understanding ( "MOU ") is not a binding agreement and that
any binding obligation of the parties to this MOU will be made pursuant to written,
and properly executed and approved agreements. It is intended to provide a
standard means of communication between Mn /DOT, the County of McLeod and the
City of Hutchinson; to assist these three agencies in complying with related
legislative and statutory requirements; to help avoid untimely delay or disruption in
the necessary planning and to acknowledge the responsibility of local government
• to accept turnback of a portion of existing T.H. 22 upon completion of the new
facility which is to become the new T.H. 22.
9--1);
SECTION C. PROVISIONS •
NOW, THEREFORE, Mn /DOT, McLeod County and the City of Hutchinson, state the
following:
I. The County of McLeod, as the lead Agency, intends to be the party
responsible for accomplishing all work necessary to prepare the project for
letting. Such work may include but not be limited to acquiring the necessary
rights -of -way, conducting surveys, soils investigation, preparing project
documents, preparing construction plans, specifications, and prepare the
project for letting, and,
II. Mn/DOT intends to be responsible for furnishing engineering and inspection •
forces necessary for the construction of the project, and,
III. That Mn /DOT intends to be responsible for making all progress and final
construction cost payments as required under the construction contract, and,
IV. That upon completion of the project, the Mn /DOT intends to designate and
maintain the newly constructed highway facility as a portion of T.H. 22. The
portion of T.H. 22 replaced by the new facility will revert, as provided for under
Minnesota Statutes 161.082, 161.16 and 161.24, to the appropriate units of
local government as follows:
•
• a. Washington Avenue from T.H. 15 to Adams Street -- to the City of
Hutchinson.
b. Adams Street from Washington Avenue to the south corporate limits
and then south and east to a junction with T.H. 22 at a point at or near
the Southwest corner of Section 9, Township 116 North, Range 29 West
— to the County of McLeod.
VII. That also upon completion of the Project, Mn /DOT will reimburse the County
of McLeod for all administrative and engineering costs associated with
preliminary engineering, right -of -way acquisition and design.
•
SECTION D. AMENDMENTS
I. This MOU may be amended as necessary to comply with new laws, rules and
regulations and/or any changes deemed appropriate when mutually agreed
by Mn /DOT, the County of McLeod and the City of Hutchinson; any of the
agencies may propose amendments.
II. This Memorandum may be terminated any time upon written notice by any of
the agencies.
•
3
III. This Memorandum shall be effective immediately and continually until
decided otherwise by any of the agencies.
COUNTY OF J21C
BY - �""'T h ,
Chairman of County Board
DATE :
0
CITY • '
ow i
e
DATE: G - /o - 96
E
STATE OF MINNESOTA
D '.. j".,
District Engineer
DATE: ?4 zz I!F-%
•
4
• HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
111 Hassan St. SE Hutchinson, Minnesota 55350
— (320) 234.4251 • (320) 234 -4235 • FAX: 320 -234 -4240
EQUAL HOUSING
OPPORTUNITY
Memo To Mayor and City Council 14.L
Memo From: Jean Ward, HR.A Executive Director��
Memo Re: Request to Schedule Public Hearing Date for submission of rehab grant
application
Date July 2, 1996
The HRA is currently working on re- submitting the Adams Street Small Cities Rehab
Grant Application. As part of that process, we are planning on holding a homeowner
meeting on July 17, 1996 for informal input into the application. We are also required to
hold a public hearing for comment on the proposed application Based on DTED staff
recommendation the application will be re- submitted and will remain substantially the
• same as last year However we are hoping that 1996 will be a more typical year in terms
of the number of small cities applications submitted. (In 1995 forty-nine applications were
submitted versus in 1996 seventy applications were submitted). We therefore respectfully
request authorization to set a public hearing date for Tuesday, August 13, 1996.
•
9_mot
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE'
JANE VAN VALKEN13URG
RICHARD G. M
CATHRYN D. REHER
WALTER P. MICHELS, III
ALSO ADMITTED IN TEXAS AND NEW VORA
Gary Plotz
Hutchinson
111 Hassan
Hutchinson,
2
t
City Center
Street SE
Mn. 55350
G. BARRY ANDERSON
July 5, 1996
Re: Johnson (Harmony Lane) Issue
Our File No. 3244 -96097
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
ARTHUR L. DOTEN
5681 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX 1612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612)389 -2214
FAX 1612)389 -5506
JUL 5 1996
01
I write to you today regarding the above referenced matter. I
believe you already have in your possession a copy of the proposed
order to be considered by the Hutchinson City Council at its
meeting this coming Tuesday evening.
I write to you today to bring the Council up to date on my contact
with the property owner, Chris Johnson.
Mr. Johnson called my office for the purpose of advising me that he
is well on his way to cleaning up his property having already
filled at least one commercial sized dumpster with refuse pulled
from his garage and home.
He was disturbed that the issue had become a matter for public
discussion but I advised him that when a complaint is filed with
the City Staff and it becomes an agenda item for the Hutchinson
City Council it becomes a matter of public record and certainly
news and thus subject to coverage by the local media.
We then discussed the issue of the rats. He emphatically denies
that his property has anything to do with the propagation of the
rats and categorically stated that there was no evidence of any
sort that the rats in fact emanated from his property. As far as
I know the city does have no direct evidence that the rats are
coming from his property but there is circumstantial evidence
linking his property to this problem. I advised him that this was
a public health concern and that the city was intending to
aggressively pursue the matter but that if he did clean up the
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(320) 587 -7575
FAX (320) 587 -4096
RESIDENT ATTORNEY
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 Plotz
July 5, 1996
page 2
property by the proposed deadline I thought it very unlikely that
any action would be taken against him.
If you have any questions or problems in connection with any of the
foregoing, you certainly should feel free to contact me.
Thank you. Best regards.
Very
M
G .
GBA:7m
i
9
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
'ALSO ADHIT D iN rEXAA AND NEW YORK
S
i
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
June 26, 1996
Re: Johnson Hamony Lane Issue
Our File No. 3244 -96097
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
1612) 5459000
FAX (612) 5451793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 5
(612) 389 -2214
FAX 1612) 389.5506
AN- 5 1996
Ch
I am enclosing herewith a copy of the proposed Order to be
considered by the Hutchinson City Council at its first regularly
scheduled meeting in July. This Order will need to be amended to
include the legal description, but it can be included int he
Council packet for consideration at the next regularly scheduled
City Council meeting.
Under Minnesota Statute 8463.15, once the Order has been served on
Mr. and Mrs. Johnson, they have 30 days to fix the problems
relating to the property after which time the City is entitled to
go in and correct the problem and assess the costs against the
property owner.
There are certain other procedural requirements which must be met,
but which are not relevant to this correspondence.
Also enclosed is a copy of my letter to Jim Marka which is self -
explanatory and which should be included with the Council packet.
Thank you for your time and attention to these matters. Best
regards.
Very truly yours,
.SRN D, ANDER N & DOVE) P.L.L.P.
`�. B rry der on
GBA:lm
EnclosurE9 RTIFIED 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
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(320) 58 7-7 575
FAX 1320) 587 -4096
�F
NOTICE OF ORDER TO REPAIR OR REMOVE
TO: CHRIS JOHNSON AND DOLLY JOHNSON
Pursuant to the authority of Minnesota Statutes §463.15
through §463.261, you are individually and collectively ordered to
repair or remove the structure located at 626 Harmony Lane,
Hutchinson, Minnesota, 55350, legally described as:
Said structure constitutes a hazardous building as defined by
Minnesota Statutes §463.15, Subd. 3. A copy of the report prepared
by the City of Hutchinson is attached hereto and incorporated
herein which outlines the dangers and hazards of said structure
which include allowing conditions to develop which promote the
existence of rodents and public health hazards. For further
information on necessary improvements, contact the office of the
Hutchinson building official. These improvements shall be made
within thirty (30) days of the date of this Order. A motion for
summary enforcement of the Order will be made to the District Court
of McLeod County, First Judicial District of the State of
Minnesota, unless corrective action is taken or an Answer filed
within twenty (20) days from the date of service of this notice.
The cost of any corrective action taken by the City of Hutchinson
pursuant to Court Order, including the cost of repair, removal or
enforcement, shall be charged against the real estate as provided
by Minnesota Statute §463.21.
9 -F
Adopted this _ day of July, 1996.
CITY OF HUTCHINSON
By:
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz
City Administrator
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631
0 MEMORANDUM
OAS July 9, 1996
Oft City of Hutchinson
FROM Nancy Dennehey, 635 Harmony Lane
3MM49 Public Nuisance -626 Harmony Lane
Paul Lepinski and myself met with Mr. Jim Marka and G. Barry Anderson, City
Attorney, on Friday, July 5, 1996, to present another dead rat. At that time it was
suggested that each concerned neighbor put together a letter stating exactly what we
want the city to do. My requests and questions that I would like to have answered
are as follows:
• I want the city to have a reputable pest control company contracted to rodent proof
our homes, including the Johnsons, since I believe this where the problem
• originates. I talked with Harold Adams yesterday who owns Adams Pest Control
and he said rats need food, water, and shelter to survive. The type of shelter they
prefer is an unsanitary area with lots of debris. I believe this describes the Johnson
residence. I would recommend Adams Pest Control (800 /227 -2214) because I've had
contact several times with them. They have been more than helpful and are now
familiar with our problem. Any costs incurred I feel should be paid for by the
Johnsons or the city.
• The decaying debris and garbage needs to be cleared away from the property and
not allowed to build up again to deter another rat infestation because this is the
perfect rat breeding environment -will the city enforce this?
• Since a f"li led dumpster has been sitting on the property for a week now, I am
fearful that the Johnson's are not taking their July 18th clean-up deadline seriously.
I'm concerned that we might have a repeat of what happened last year when the
Johnson were ordered to clean-up the property and all they did was remove one car
and cut the grass. Although these minor efforts seemed to appease the city at that
time, I hope, at this time a more substantial effort is required by the city.
• Chris said in the paper his house needed to be painted- when ? -by the July 18th
deadline? Could the broken windows and rotting wood also be fixed? How about
the bird population living in the east walls of the house - should they be removed?
Is it okay for them to use the back porch and basement of the house with the
windows and doors broken out as a dog kennel? How about other rodents coming
and going as they please?
!,
• Is it a fire safety hazard to have cardboard boxes and insulation blocking the
windows?
• How many unlicensed cars can a person have sitting on their property and for
how long?
• Does this house need electrical, structural, fire code inspections to determine if it is
safe for human habitation?
• If they haven't complied by the deadline, what is the city prepared to do?
Harmony Lane is a really nice street, go down it anytime and you see people
working on their yards, doing home improvements projects, taking care of their
investment. I believe 626 Harmony Lane has devalued the whole street and
especially those of us who live right around it. It has created an embarrassement to
myself and my family. Friends and relatives always ask - "what is with that place ?"
I think it is time the city steps in and determines if this house is salvagable and
enforces the clean-up and that it stays that way.
Thank you.
• r:,,,,. n;, ice...
0
s
July 9, 1996
Mr. Jim Marka
Director of Planning Building and Zoning
City of Hutchinson, MN
Dear Mr. Marka:
This is a request for extermination of existing and
prevention of infestation of rats on our property to be
paid for by the city of Hutchinson.
Before the cleanup at 626 Harmony Lane goes any further
it is imperative that the rodents exiting that property
after being disturbed be controlled and exterminated.
We also expect that the property be monitored by local
officials throughout this cleanup and that the demands of
the city be enforced, keeping in mind the minor child
living in this house as well as the children housed daily
at the day care center located next to the house.
Personally, I am shocked that the health and well being
of the child in this house was not immediately and
seriously questioned by the proper authorities.
This issue cannot be overlooked and accepted any longer.
Mr. Johnson stated to the Hutchinson Leader that there
was no problem at his residence. When a dumpster the
size of those used for construction has to be located on
the property and is filled within two days there i$ a
Is problem whether the refuse removed is from the house,
garage or both.
9—r
Due to the infestation at this residence we have found
one dead rat in our yard - which we brought to your
office. We have witnessed rats in our dog kennel for the
last three weeks and around our yard in March and April.
Because of the freedom we enjoy in this country we can't
dictate that our neighbors maintain a level of aesthetic
pleasantry and cleanliness that most of us accept as our
responsibility, i.e. painting house, mowing lawn,
removing dead tree limbs, and controlling weeds. We have
the right to have our homes and property protected from
rodents and bad odors caused by the callous neglect of
residents in our neighborhood.
We also expect that the property be monitored by local
officials throughout this cleanup and that the demands of
the city be enforced, keeping in mind the minor child
living in this house as well as the children housed daily
at the day care center located next to the house.
Personally, I am shocked that the health and well being
of the child in this house was not immediately and
seriously questioned by the proper authorities.
This issue cannot be overlooked and accepted any longer.
Mr. Johnson stated to the Hutchinson Leader that there
was no problem at his residence. When a dumpster the
size of those used for construction has to be located on
the property and is filled within two days there i$ a
Is problem whether the refuse removed is from the house,
garage or both.
9—r
•
Page 2
Why was the dumpster not removed when filled and replaced
with an empty one?
what will be the penalty for non - compliance with this
order and will the penalty be strictly enforced without
regard to the fact that Mrs. Johnson is a county
employee? We have heard from several people that her
employment has had a bearing on looking the other way.
If true, that is discriminatory and grossly unfair to
those of us who are not employed by the county
government.
Thank you for your assistance to this point. We
understand that this is an uncomfortable, unpleasant
situation for everyone involved, including the Johnson
family. It was also their responsibility to prevent this
sort of action from taking place.
Sincerely,
It Paul and Deborah Lepinski
606 Harmony Lane
Hutchinson, MN 55350
cc: Hutchinson City Council
Mayor of Hutchinson
L]
July 3, 1996
Perpetual funds have been collected and interested earned since the
early 1980's. We have been adding to this fund without any
withdrawal since its approval.
Currently the funds on hand equal $110,521 and is part of the
General Fund cash balance. The requested use of these funds appear
to be authorized by state statue which has been attached by Floyd
for your review.
Council authorization would allow the use of the perpetual care
funds for use of the road construction estimated to cost $12,000.
This would allow, again if authorized by the council, use of
budgeted funds for road improvement to be used for building
improvements at the cemetery.
d:aac \Ca l.,.,d
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Fax (612) 234 -4240
- Printed ,n recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(612) 587 -2242
9 — Fax (612) 587 -6427
City Center
I11 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
- Printed ,n recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(612) 587 -2242
9 — Fax (612) 587 -6427
M E M O R A N D U M
May 31, 1996
TO: Ken Merrill, Finance Director
FROM: John P. Rodeberg, Director of Engineering /Public Works
RE: Consideration of Utilizing Perpetual Care Funds for Cemetery
Roadway Improvements
Attached please find information from Floyd Groehler and Doug Meier regarding
paving roads within Oakland Cemetery. We had $5,000 budgeted for building repairs
and upgrade and $6,000 budgeted for road upgrade. We would like to complete
$12,000 of roadway paving utilizing the Perpetual Care Fund, and utilize the $11,000
to help in repairing the Vault Building. These funds will only partially cover
expected costs of building rehabilitation. Repairs proposed for the building include
tuck - pointing and shingling.
We would also like to review the potential funding of restroom and waiting area
improvements. It appears as if this work can also be completed utilizing the
Perpetual Care Fund. I suggest that you, Doug, Floyd and I meet to review expected
costs and potential funding. I will talk to you next week about setting up a meeting.
Attachments
cc: Doug Meier
Floyd Groehler
Ciry Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(611) 587 -5151
Far(612)234.4240
Parks & Recreation
900 Harrington Street SW
Hutchinson. MN 55350 -3097
(612) 587.2975
Fax (612) 234 -4240
Panted on renried paper -
Police Sen ices
10 Franklin Street SW
^
Hutchinson. MN 55350 -2464
, (612) 587 -2242
Far (612) 587 -6427
El
• � t. a u. 1 r. •y' .r r. u J
Attached please find copies of a memo received from Floyd Groehler, Cemetery
Supervisor, proposing the funding of cemetery roadway improvements.
I have reviewed this proposal and concur with it as attached. I am now forwarding the
proposal to you for further action.
City Center
Hassan Street SE
Hutchinson. MN55350 -2512
(612) 587 -5151
Far(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson. MN 55350 -3097
(612) 587 -2975
Far (612) 2344140
Printed nn rrnrted paper .
Police Sen ices
10 Franklin Street StV
Hutchinson. MN55350- 2464
(611) 587 -1242
_� — Fax (612) 587 -6417
1
W
z . ,}, •
' • • , 1 • 1 �ii wa�i-wP:�l. /1•-1.11
SUBJECT: F i n di ng • t he , • , 1 • • Cr
t
r
This is a request for the use of $12,000.00 from the Perpetual Care Fund to blacktop the
roadways in Oakland Cemetery. The use of this fund for this purpose is mentioned in State
Statute 306.79 as "improvement of roads ".
I would also request that the funds budgeted for roadwork be shifted to the line for buildings so
that supplies for the renovation of the Vault building could be purchased and possibly some work
could be contracted.
Cip Center
1/1 Hassan Street SE
Hutchinson, MN 55350 -1522
(612) 587 -5151
Far(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(611) 587 -2975
Fax (612)234 -4240
Primed on rervrled paper -
Police Sen ices
10 Franklin Street SlV
Hutchinson, MN 55350.2464
(612) 587 -1242
Fax(612)587.6427
F7
§ 306.78
CORPORATIONS
fund, which shall be paid over on the first days of January, April
July, and October of each year to the trustee or trustees of said
fund, and such payments shall thereafter become a part of such
permanent care and improvement fund. The term "burial space" as
used herein shall include private rooms, crypts, niches or other
designated space in which the bodies or ashes of deceased persons
are placed for permanent burial in a mausoleum.
Historical Note
Derivation:
Laws 1943, c. 133, § 2.
St.1927, § 7616.
Laws 1977, c. 198, § 1.
Gen.St.1923, § 7616.
LAWS 1917, c. 95, § 3.
Laws 1977, c 198, § 1 am ended this
section by providing that not leas thaCemetery
Per cent of the proceeds of sales of Jots
hereafter made.
taws 1943, C 133, amended this sec.
tion by providing that cemetery lots do
not include mausoleum space, that at
least 10 per cent. of proceeda of sale of
mausoleum apace be paid over W fund,
and by defining burial apace in mausole.
um.
Notes of Decisions
1. In general
Where primary purpose of construc-
tion of administration building on ceme-
tery was to aid proRt- making aspect of
business of corporate taxpayer, operator
of cemetery, and lot holden were only
incidentally benefited, sum withdrawn
for construction of building from tax-
payer's permanent care and improve-
ment fund, pursuant to § 306.79 permit-
ting that part of such fund in excess of
specified minimum to be used for exec.
tion of buildings for operation of ceme-
tery. constituted taxable income to tax.
Payer. Crystal take Cemetery Assn Y.
U. S -. C. A. 1969, 413 F 2 617.
306.79. Principal inviolate; invested in certain securities
The principal of such permanent care and improvement fund shall
forever remain intact and inviolable and invested by the trustee or
trustees in the same class of securities only in which savings banks
are authorized by the laws of this state to invest their funds, except
that the association may, by resolution adopted by vote of at least
two-thirds of the members of its board of trustees at any authoriz-
ed meeting of the board, authorize the withdrawal and use of not
more than 50 percent of the principal of such permanent care and
improvement fund for any or all of the following purposes; for the
acquisition of additional land for cemetery purposes for the erection
gL a chapel, greenhouse, or other buildings desirable or necessary
for the operation of such cemetery, or for the building or improve
ment of road and avenues in such cemetery; provided, that the
fund shall at no time be diminished to an amount less than $1,000
per acre for each acre of land in the cemetery. Upon presentation
to such trustee or trustees of a certified copy of the resolution
adopted, as aforesaid, such trustee or trustees shall at once comply
788
CITY OF HU TCHINSON
PURCHASE REQUISITION
ACCOUNT NUMBER - SUBMITTED BY -
DATE
IUDGETED? Yes No If No Funds will cone from)-
DATE MANTED -
URCHASE ORDER N0. - APPROVED: Director - Finance Directo r
VENDOR NAbIE: _ SHIP TO: AITY OF HUTCHINSON
VENDOR ADDRESS: y Address if
OTHER THAN Cit Hall:
Check if only source available and
Place reason in comment section on back.
..............
VENDOR VA'.IE: `f ') MN a r SHIP TO
VENDOR ADDRESS: 7 :z Q Address
• ADDItIONAL QUOTES 8 C01llENTS ON REVERSE SIDE
#,�L4 50
GRAND TOTAL , 8
9
GRAND TOTAL
Mid- Minnesota Hot Mix, Inc.
P.O. Box 239 Annandale, MN $3302
Office (320) 274 -3037
PROPOSAL
raoro:u. r+ienrrtn ro Chkland Camel ' 234.4455 ° " 4115 /9(y
rT[[R
Oakland Ceme
`r Hutchi MN �Arp" Hutchinsm MN
W..w+,.M..'r d.,.pY SW YY..n Ir
Per ton price is based on quantity of approximately 500 tons of bituminous.
-Price includes paving and rolling of 3 to 3 1/2 inch bituminous met.
- Paving to be done at various locations throughout cemetery.
-At no point shall the width of an we to be paved be less than B feet.
PRICE ........ ..............................5 24.50 per ton
Price DOES NOT Include:
- Preparation of area to be paved.
- Furnishing, delivering, or placing Class 5 aggregge base.
F /yam! /;'Iziq
Y`"s "r
�U �cnsc Cn //,
76
We Propose to furni[h material and labor - complete in accordance with above spocificalio,n. for the [pun of
dollar (
rAt11LlRT E[rAM AS IOLU)WT
A�rra.da MrYaIYMr PriN YwaYa.awN.Y[. a.YYarM. _ _—
wwn ...r�Y Y r1Ud.a rYy., Aq iw.9s r [..rw {.r �. *.rirr.r Adrind
.•.�..a•w.�.0 N1. r.a..ary M..ar.MaWN1..wYnA. aVf�a
hfwa Yr ew.d DYarrupiar.Wtal b. re..wr YYr.e. 4wl... r. r04[
h6r, [.y.
Acceptance of Proposal- Tk.►... ra +s....,..�,..a:...
W nNfed"y Y.d W. baby "npkd Y" an rdwkt /,a Ice dr Y.A w
ys.W.l Taywuviti[wM wwiel.Mn. --_ --
DATR OP AM. 7rrAMp
SMA7VRE
...END... q_�
Yew Nn
WM. MUELLER & SONS, INC.
ROAD CONTRACTORS • WASHED SAND & GRAVEL
REDIMIX BLACK TOP • BLACK TOP SURFACING
HAMBURG, MN 56M
FAX 612467,'1 "
PROPOSA AL AL Np
ACCEPTAN
N R JA y`d L e M le I ot rR DATE
,. I Flo �� ass. st s,
S ia,TE N '
11 ZIP CODE � �+^ h c ��S L O /`
k ��; > 3 � D J OC�}TIQN
i1TFCT e �. r- C e >✓• etu r ffN�
GATE OF IIANS
ADS PHONE
+ereby wbm;r sped };cations and eshmmes
e $ o o
O e r
e Propose her umiah
/ �y morpipl nd labor —tom Jere ;n
We V e O J I P ocwrdome w;rh abw� sp�cil;car;ons. }or rM aum d: UPON RECEIPT OF STATEMENT. ddfen (S �O r ege_.)
IF ACCEPTABLE, PLEASE SIGN & RETURN YELLOW COPY.
All "ftriel n t/r.ererrrMd b b• as rpwd'yd M
I ' k e mwrMr ec�d:np re +re•derd Prw r:cn. My elyrer�en
rpeclfkerbna °� b b• cerr,pb, er a verkmar- `
e.r•e tort+ -ill b• e.ecvNd en w de.brlen Item oboe Authorized
+III becwne an earro cho•pe wor orb h• upon +ri order,
upyn art }� e[cidwrrr or dao.e rtre errimpre AE o9r cenrl aad S19nelur
—d ,h- beyond aw caned eemenq ripen
neCnury •ravronce Ou erl1en Owner b terry fire. rwnodo
penrehw, mswongr we linty Ce.vad by Work"., Nora This r
Com. P olaoaol may be ^ /�.L�14
w;thdrown by w ;I rqt accepted within I r
Acceptance Of Pro d ays
end cendirrons we aerwlecr I"' "a" . nOC ebo.e pCea. apecllker;a,ra I
PCP Cie the er a vb °ry end ore hereby wcWNd. you we avtl.wiaed
aPwifiad. Itrymenr ..W M
,,rode all er.tlkyd ebeve. Slgnoture
Dore of Accepfence
Si"lure
•A�.epF
�MTtD M u4A
N T E R
MEMO
O F F I C E
Date: July 9, 1996
To: Mayor & City Council
From: Marilyn J. Swanson, Administrative Secretary
W.V.S. Marketing, Inc. (also known as Hometown Super Saver) has requested a 1996 peddler/
solicitor license. They have been issued said license by the City of Hutchinson since 1992.
The company does telemarketing/advertising for service and merchandise coupon cards of local
participating businesses. Again this year, the Hutchinson Boy Scouts Troop 246 and KKJR will be
sponsoring the coupon card known as the Hutchinson Hometown Super Saver.
To date, there have been no complaints filed regarding this company's business operation.
cc: Steve Madson, Police Chief
I
ho-Al
: Flu 1 �1►(I�1
THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and
between Leonard and Doris Johnson, Fee Owner, hereinafter called the "Owner ", and the City of
Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called
the "City';
WHEREAS, the Owner owns property legally described as the East % of Lot 10, Block 50,
North Half of City, and;
WHEREAS, the sanitary sewer service to the property has had maintenance problems, and;
WHEREAS, the City is in the process of constructing parking lot improvements to the adjacent
property.
NOW, THEREFORE BE IT RESOLVED:
1. In lieu of any additional payment for past maintenance costs for the sanitary sewer line, the
City agrees to extend a new sanitary sewer service to within ten feet of the west side of the
• building on the property. The service will be located as close to the existing sanitary service
line as possible. No costs for this work shall be paid by the Owner.
2. The Owner shall be responsible for completing the connection from this point to the existing
sanitary sewer line. It is understood that this work may require a licensed plumber.
3. The Owner shall provide a temporary construction easement to the City to allow for grading
and landscaping of the Owner's property adjacent to the parking lot. It is understood that the
City will remove and dispose of all unnecessary retaining walls and fill, and will landscape the
area between the parking lot and the Owner's building with oak wood chips or landscape rock.
The City shall also provide landscape plantings similar to those proposed to be utilized in the
parking lot islands. This work shall be completed at no cost to the Owner.
Leonard Johnson, Owner Date Doris Johnson, Owner
Cary Plo City dministrator Date Marlin T rgers n, Mayor
•
/e_A .
OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996,
2:46 PM
page 1
---- - --------------
1987 IMPROV. BDS
- -------- ---------------
AM.NATIONAL BANK
----------- ------------------ -- ---------------
PAYING AGENT FEES
$311.10
- - ----
< *>
$311.10*
89 IMPROV. BDS
AM.NATIONAL BANK
INTEREST
$15,593.75
< *>
$15,593.75*
1995 IMPRO CONST
MID -MN HOT MIX INC
.EST #7 -JUNE 1996
$3,218.22
< *>
$3,218.22*
1996 IMPRO CONST
COUNTY RECORDER
LAND
$19.50
JUUL CONTRACTING CO
LETTING #9, EST 1 -JUNE 1996
$49,827.81
< *>
$49,847.31*
1996 IMPROV D.S.
COUNTY TREASURER
FEE FOR SPEC ASSESS UPDATES
$555.00
< *>
$555.00*
CAP.IMPRO.FUND
COAST TO COAST
BUILDINGS
$36.23
KABLE CONNECTION, THE
WASHER & DRYER
$647.99
< *>
$684.22*
CENTRAL GARAGE
BRANDON TIRE CO
MOUNT /DISMT 4 TIRES
$103.64
CARQUEST AUTO PARTS
AIR FILTERS, OIL FILTERS
$1,060.17
CITY OF HUTCHINSON
JULY MED
$432.09
DOYLE INCORPORATED
FILTER, BELTS, CLEVIS, KNIFE
$270.32
FORTIS BENEFITS
JULY LTD
$19.63
G & K SERVICES
UNIFORMS
$51.44
HUTCHINSON WHOLESALE
ADHESIVE
$13.99
L & P SUPPLY CO
ROLLER
$20.46
MN BODY & EQUIPMENT
TOGGLE SWITCH, SWITCH
$93.07
MN MUTUAL LIFE
JULY LIFE
$7.56
MTI DIST.CO
BELT
$147.79
POSTAGE BY PHONE
JUNE POSTAGE
$7.68
STEWARD ENTERPRISES
CALCIUM COMPLEX GREASE
$210.87
TERMINAL SUPPLY CO
TS -MFK
$88.97
WIGEN CHEVROLET CO
REMOVE STRIPES & DECALS
$68.00
< *>
$2,595.70*
CITY HALL CONST.
HOA FURNITURE SALES
CUBICLE PANELS, CHAIRS
$10,633.27
< *>
$10,633.27*
ENERGY LOAN FD
COUNTY RECORDER
MISCELLANEOUS
$39.00
< *>
$39.00*
FIRE HALL DS
AM.NATIONAL BANK
INTEREST
$2,212.50
< *>
$2,212.50*
GENERAL FUND
AAGARD WEST
JULY PAPER RECYCLING
$10.00
ADVANCED DESIGN SYSTEMS
LIGHT TRANSMITTANCE METER
$390.00
ALLEN OFFICE PROD
SHEET PROTECT
$8.66
AMERICAN RED CROSS
VIDEO, BINDERS, VALVES, MASKS
$107.91
ANDERSON'S DECORATING CENTER
CHIP BRUSHES, DP -99
$113.45
ARNOLD & MCDOWELL
JUNE COMPENSATION
$6,666.00
AUTOMATION SUPPLY CO
DISKS
$17.27
AXT, JILANN
REFUND SKATING LESSONS
$15.00
B &S INDUSTRIES INC
EVIDENCE FILM
$518.34
BAILEY NURSERIES
TREES
$613.17
BENNETT OFFICE SUP.
SERVICE CONTRACT
$605.69
BRINKMAN STUDIO
PHOTOFINISH
$86.19
BROWNS GREENHOUSE
HANGING BASKETS
$76.68
BUSINESSWARE SOLUTIONS
ADAPTER
$60.02
CAMERA SHOP
DEVELOP & PRINT
$118.81
CANNON, MIKE
REFUND ADVENTURE CAMP
$18.00
CARNEYS
PONY BEADS
$17.34
CARQUEST AUTO PARTS
METAL CONDITIONER
$64.89
CARR FLOWERS
GREEN PLANT -PAT VANDERVEEN
$17.36
CDI OFFICE PRODUCTS LTD
PENCIL, RIBBONS
$694.88
` r 1
u
//_A,
OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996,
2:46 PM
page 2
----------------------------------------------------------------------------------------------------
GENERAL FUND CITY OF HUTCHINSON
LODGING TAX -WEST RVR CAMPGRND
$30,007.97
CLAREYS SAFETY EQUIP
PERFORMED PACKING
$41.80
COAST TO COAST
KEYS, TAPE JTL
$989.76
fb COUNTY RECORDER
MISCELLANEOUS
$48.00
COUNTY TREASURER
PARCEL CHANGE PRINTOUT
$2.80
CROW RIVER VET CLINIC
K -9 FOOD
$592.04
CULLIGAN WATER COND
PILOT VALVE ASSEMBLY, SERVICE
$148.96
CUMMINS
SHREDDER
$180.00
DARK REFRIGERATION
REPAIR & SERVICE -AIR CONDIT
$38.00
DECKER, MARK
REIMS SAFETY SHOES
$49.99
DEPARTMENT OF PUBLIC SAFETY
2 POLICE LICENSE PLATES
$6.00
DEPT NATURAL RESOURCES
DNR REG FEES
$747.00
DJ'S MUNICIPAL SUPPLY
GLOVES, LANTERN, SAFETY SPECS
$91.52
DOCKEN, MARC
REIMB SAFETY BOOTS
$39.95
DOSTAL, ROSA
INTERPRETING SERVICES
$15.00
ERICKSON OIL PROD
FUEL PURCHASE
$7.22
FAMILY REXALL DRUG
PHOTOS
$38.39
FEED RITE CONTROLS
CHLORINE
$465.28
FITZLOFF HARDWARE
BREAKER, FUSES
$202.54
FORESTRY SUPPLIERS
FLAGGING, NET
$44.16
FORTIS BENEFITS
JULY LTD
$1,539.54
G & K SERVICES
UNIFORMS
$857.70
GANDER, CURT & JOAN
REFUND SR. SOFTBALL
$12.00
GREAT PLAINS SUPPLY
CEDAR STUDS FOR SIGN
$223.51
GUARDIAN PEST CPL
PEST CONTROL
$24.81
HAGER JEWELRY
BRACELETS, CHARMS, CHAIN
$143.87
HARRIS CONTRACTING
REPAIRS, LABOR
$712.51
HENRYS FOODS INC
CANDY, SLUSH BASE
1,187.06
HILLYARD FLOOR CARE / HUTCHINSON
WATERWAND, HANDLE, BRUSH
1,329.18
HOME BAKERY INC
ROLLS, DONUTS
$30.51
HOVERSTEN, DUANE
SBDC SERVICES - 136.25 HOURS
$6,131.25
HUTCH COMM HOSPITAL
LAUNDRY
$28.00
HUTCH COOP CENEX
JUNE FUEL
$187.30
HUTCH FIRE & SAFETY
EXTINGUISHER RECHARGED
$297.75
HUTCH MFG & SALES
ROUND BAR
$36.00
HUTCHINSON LEADER
ADVERTISING
$1,054.49
HUTCHINSON MUSIC STUDIOS
REFRESHMENTS- FOREST TOUR
$19.06
HUTCHINSON TEL CO
JULY PHONE SERVICE
$6,580.28
HUTCHINSON WHOLESALE
FILTERS, CONNECTORS, PLUGS
$15.57
INDIANHEAD SPECIALTY CO
VOID STAMP
$12.70
JEFF'S ELECTRIC
LABOR - HORSHOE ARENA
$28.00
JIM'S GARDEN SERVICE
MOW WEEDS
$773.99
JOES SPORT SHOP
SHIRTS NUMBERED
JUUL CONTRACTING CO
10" PVC, ROCK, BACKHOE, LABOR
$ $516.32
421.00
K MART
FILM
$48.85
KAHLER HOTEL
LMC CONF LODGING
$1,100.74
KASAL- BAKLUND, MALAYA
DANCE INSTRUCTOR
$280.00
KEYSTONE
MAIL VIDEO, KEYNOTE, SCHEDULER
$279.85
KOBS, ROD
REFUND SWIMMING
$26.00
L & P SUPPLY CO
SPRING
$47.42
LEAGUE OF MN CITIES
DEDUCTIBLE -G ZEMLICKA CLAIM
$1,055.36
LEARNKEY INC.
MS MAIL, SCHEDULE VIDEOS
$99.90
LENNES, RICHARD
JUNE COMPENSATION
$2,292.78
LITTLE DUKES
CAR WASHES /APRIL & MAY
$134.19
LUDOWESE, JOYCE
REFUND SOFTBALL
$12.00
M.I.A.M.A.
REG -MARV HAUGEN
$400.00
MADSON, STEVEN
MEALS, GAS, MILEAGE, PARKING
$107.71
MARKHURD
AERIAL SURVEY SERVICE
$6,000.00
MCGARVEY COFFEE INC
COFFEE
$35.60
MCLEOD COOP POWER
JUNE ELECTRIC
$355.85
MILKMOBILE
ICE CREAM BARS, COOL TUBES
$91.50
MINNCOMI PAGING
SERVICE & RENT
$114.12
MINNEAPOLIS COMMUNITY COLLEGE
REG -S SICKMANN, K WILSON
$400.00
MINNESOTA COUNSELING CENTER
PSYCHOLOGICAL EVALUAT & TEST
6250.00
MN CHAPTER IAAI
1996 DUES RENEWAL
$10.00
MN DEPT OF REVENUE
VOID STAMP
$93.57
MN ELEVATOR INC.
ELEVATOR SERVICE
$65.00
MN MAINTENANCE SUPPLY CO
HOT CUP
$58.36
MN MUTUAL LIFE
JULY LIFE- MATTSFIELD
577.71
MN SPORTS FEDERATION
TOURNAMENT
760.00
MN ZOO ARK
MN ZOOARK PRESENTATION 7/12/96
200.00
MR. MOVIES
VIDEO RENTAL
$5.24
NAGEL, KAREN
REFUND SUNBEAMS & RAINBOWS
$14.36
NATL TACTICAL OFFICERS ASSC
MEMBERSHIP RENEWAL
$100.00
NICKLASSON ATHLETIC CO
PITCHING RUBBERS
$370.61
NO STATES SUPPLY INC
YELLOW LINE GRAHAM
$82.23
r
L J
OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996,
2:46 PM
page 3
----------------------------------------------------------------------------------------------------
GENERAL FUND
NORTHSTAR CHAPTER
MEMBERSHIP DUES
$20.00
NYSCA
COACHES CERTIFICATION FEE
$30.00
P. B. AVIATION
AIRPORT FUEL CARD RETURNED
$25.00
PETERSON BUS SERVICE
COACH TO MPLS & EDEN PRAIRIE
$550.00
PITNEY BOWES INC
POSTAGE MTR RENTAL -7/15- 10/15
$324.04
PIAT2, GARY D.
BREAKROOM SUPPLIES
$9.33
POSTAGE BY PHONE
JUNE POSTAGE
$780.80
PRIEVE LANDSCAPING
MEEKER ROCK
$8.00
QUADS ELECTRIC
INSTALL RECEPTICAL
$194.48
RECREONICS
DPD REAGENT #2
$97.06
ROMO, JOHN
HOURS WORKED
$128.00
ROSENOW, BRUCE
ELKS BASEBALL SUPV
$215.00
RUNNING'S SUPPLY
CALIBRATOR, GLUE, TIP CUTTING
$108.96
SCHIEBEL, NATHAN
HOURS WORKED
$133.00
SCHUMACHER'S
FORMART
$54.10
SELLER, JEANNE
SWIM LESSON REFUND
$13.00
SERVICEMASTER
CLEAN CARPETS, & TILE FLOORS
$865.90
SEVEN WEST WASH & DRY
LAUNDRY
$45.53
SHOPKO
3 RING VELCRO
$100.14
STANDARD PRINTING
ENVELOPES
$84.09
STATE TREASURER
2ND QTR SURCHARGE REPORT
$3,181.77
STREICHERS
BATTERY
77.79
SUBWAY
12 PORTION PLATTER, CHIPS
42.16
THICHERT, PAM
REFUND SOFTBALL
22.00
THE SALTMAN
SOFT SALT
$138.50
TOPEREZER, DENISE
REFUND DANCELINE
$13.00
TRI CO WATER COND
SALT
$20.87
TRIPLE G DISTRIBUTING INC
JUNE POP PURCHASE
$33.50
TURF SUPPLY COMPANY
BAG TURFACE
$259.21
TWO WAY COMM INC
HOUSING
$348.26
UNIFORMS TO YOU
GOLF SHIRTS
66.05
UNIFORMS UNLIMITED
HANDCUFF
17.98
UNITED BLDG CENTERS
HANDI -CRETE
37.17
VIKING COCA COLA
JUNE POP PURCHASE
87.75
VIKING SIGNS
ARENA SIGN- BURGER KING
$190.00
WAL -MART
BATTERY - FIRE DEPARTMENT
$159.10
WILSONS NORTH WEST NURSERY INC
TREE
$213.00
XEROX
COPIER CHARGE -MAY
$756.43
< *>
$91,058.36*
SING REDEV
BLUHM, ADELAIDE
BATHROOM WORK
$1,476.09
HEIDECKER S,, RICK
FURNACE
$
< *>
3,841.09*
HUTCH TRANS FAC.
COAST TO COAST
MOP
$14.90
G 6 K SERVICES
UNIFORMS
$150.32
HUTCHINSON TEL CO
JULY PHONE SERVICE
MN ELECTRIC SUPPLY CO
BLACK STR, 70A BRKR
$ $288.95
149.33
POSTAGE BY PHONE
JUNE POSTAGE
$2.56
STRUCTURAL SPECIALTIES
CRANE TRAVEL 8 HOISTING
$145.00
WITTE SANITATION
JUNE SERVICE
$63.37
< *>
$814.43*
LIQUOR STORE
AAGARD WEST
JULY SERVICE
$45.20
AM.LINEN SUPPLY CO
JUNE DELIVERIES
$123.84
ARANGO CIGAR CO
JUNE TOBACCO PURCHASE
421.61
BERNICKS PEPSI COLA
JUNE POP PURCHASE
493.96
CDI OFFICE PRODUCTS LTD
JUNE PURCHASES
$148.06
CITY OF HUTCHINSON
LOTTERY
$1,584.88
COAST TO COAST
JUNE PURCHASES
$13.21
DIAMOND CLEAR ICE
PARTY PAK ICE
$152.00
ED PHILLIPS & SONS CO.
JUNE LIQUOR PURCHASE
$11,860.90
FORTIS BENEFITS
JULY LTD
$36.85
FRIENDLY BEVERAGE CO
JUNE BEER PURCHASE
$1,510.35
GRIGGS COOPER 6 CO
JUNE LIQUOR PURCHASE
$12,599.01
HENRYS FOODS INC
JUNE MISC TOBACCO PORCH
$2,390.97
HERMEL WHOLESALE
JUNE TOBACCO PURCHASES
$388.35
HUTCHINSON LEADER
JUNE ADVERTISING
$557.79
HUTCHINSON TEL CO
JULY PHONE SERVICE
$140.17
JOHNSON BROTHERS LIQUOR CO.
JUNE WINE PURCHASE
$17,387.06
JORDON BEVERAGE INC.
JUNE BEER PURCHASE
$1,190.05
KAPP RADIO
JUNE ADVERTISING
$65.00
LENNEKAN BEVERAGE DIST. INC
JUNE BEER PURCHASE
$5,158.70
r 1
OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996, 2:46 PM
---------------
LIQUOR STORE
VETERANS OF FOREIGN WARS ADVERTISE -STATE BASEBALL TOURN
VIKING COCA COLA JUNE POP PURCHASE
WEGNER, MILO MATERIALS & LABOR FOR CART
-- ---------------------- - -------------
LEO'S TRANSFER
- --------------- -
JUNE 2ND HALF SHIPPING
LOCHER BROS INC
JUNE BEER PURCHASE
LUNDHOLM, LORI
CLEAN WINDOWS
MIDWEST MEDIA INC
ADVERTISING- WEDDING GUIDE
MN MUTUAL LIFE
JULY LIFE
PAUSTIS & SONS
JUNE BEER PURCHASE
POSTAGE BY PHONE
JUNE POSTAGE
QUALITY WINE & SPIRITS CO.
JUNE WINE PURCHASE
SIMONSON LUMBER CO
#2 PINE, CDX
STANDARD PRINTING
TAPE CASSETTE
TRI CO WATER COND
BOTTLE WATER
TRIPLE G DISTRIBUTING INC
JUNE BEER PURCHASE
$607.
$22,424.
$42.
$309.
$14.
$1,487.
$19.
$85.
$45.
$158.
$26.
$33,452.
$52.
$152.
$85.
$115,230.
page 4
66
80
60
00
28
48
84
22
17
12
36
20
50
50
00
69*
PAYROLL FUND
AETNA VARIABLE LIFE ASS. CO.
EMPLOYEE CONTRIB
$690.00
GREAT WEST LIFE INS. CO.
EMPLOYEE CONTRIB
$100.00
H.R.L.A.P.R.
EMPLOYEE CONTRIB
$158.93
ICMA RETIREMENT TRUST
EMPLOYEE CONTRIB
$2,851.91
PERA LIFE INS CO.
EMPLOYEE CONTRIB
$124.50
PERA - D.C.P.
EMPLOYEE CONTRIB
$52.02
PRUDENTIAL
EMPLOYEE CONTRIB
$180.00
PRUDENTIAL MUTUAL FUNDS
EMPLOYEE CONTRIB
$30.00
PUBLIC EMPLOYEES
EMPLOYEE CONTRIB
$14,534.28
TEMPLETON INC
EMPLOYEE CONTRIB
$448.46
WADELL & REED
EMPLOYEE CONTRIB
$150.00
WITHHOLDING TAX ACCT
EMPLOYEE CONTRIB
$38,816.33
< *>
$58,136.43*
RURAL F. D.
BRODD, JIM
MILEAGE
$23.50
EMANS, BRAD
MILEAGE
$6.75
FORCIER, GARY
MILEAGE
$4.75
HOESCHENS, DUANE
MILEAGE
$1.50
HOMAN, ED
MILEAGE
$6.50
HUTCH COOP CENEX
JUNE FUEL
$30.23
KOELL BRIAN
MILEAGE
$4.75
LINGB
LINGBHER, CHUCK
DIEM, MILSAGS
$114.10
MIDWEST FIRE EQUIP & REPAIR CO
REPAIR TANKER
$6,551.00
PRECHT, BRUCE
MILEAGE
$6.50
SCHRAMM, STEVE
MILEAGE
$15.00
SCOTT, WES
PER DIEM
$25.00
STEELE, DAN
MILEAGE
$6.50
< >
$6,798.08*
WATER /SEWER FUND
AAGARD WEST
JUNE PICKUP
$25,517.62
ABLE HOSE & RUBBER INC
HOSE, PIN, CLAMP
$115.02
AM.NATIONAL BANK
PAYING AGENT FEES
$85.00
BRANDON TIRE CO
TUBE, MOUNT /DISMT
$48.72
BRINKMAN STUDIO
FILM
$8.73
BRO -TEX INC.
4PLY SCRIM
$38.03
CARQUEST AUTO PARTS
BATTERY
$250.41
CHEMSEARCH
ND -290
$91.32
CITY OF HUTCHINSON
JULY MED
$4,266.71
COAST TO COAST
TARP STRAP, CABLE TIES, NUTS /B
$473.32
D.P.C.IND.INC
SULFUR DIOXIDE
$1,031.16
FADDEN PUMP CO.
S & L GASKET
$150.40
FEED RITE CONTROLS
ACID HYDROFLUOS
$630.94
FITZLOFF HARDWARE
SAW, WEED TRIMMER
$84.70
FORTIS BENEFITS
JULY LTD
$201.46
G & K SERVICES
UNIFORMS
$292.88
GREAT PLAINS SUPPLY
SHELF
$4.65
HACH COMPANY
CHLORINE ACCUVAC
$104.53
HANSON, SCOTT
REIMB SAFETY BOOTS
$60.00
HARRIS CONTRACTING
MAY PREY MAINT CHECK
$1,055.00
HCI CONNECTING POINT
MONITOR GLARE
$199.58
HENRY & ASSOCIATES
CURB BOX REPAIR LID, GASKETS
$45.53
HILLYARD FLOOR CARE / HUTCHINSON
LINERS
$649.40
HUTCH COOP CENEX
JUNE FUEL
$590.66
HUTCHINSON LEADER
ADVERTISING
$83.64
HUTCHINSON TEL CO
JULY PHONE SERVICE
,$610.58
HUTCHINSON WHOLESALE
HOSES
$267.10
f �
OPEN -HOLD COUNCIL REPORT TUE, JUL 9, 1996, 2:46 PM
--------------- -
WATER /SEWER FUND
0
c *>
page 5
--------- ----------- - --------------------------
IMPERIAL PORTA THRONES
------------ -
JUNE RENTAL
---- ---------------
$49.53
-
INDUSTRIAL MAINT SUPPLIES
NUTS, WASHERS
$110.50
ISCO INC
NICKEL CADMIUM BATTERY ASSY
$457.95
JEFF'S ELECTRIC
REPAIR -OUR SAVIORS LIFT STATN
$83.75
KAHLER HOTEL
LMC CONF LODGING
$111.79
L & P SUPPLY CO
WASHER - RENTAL
$83.21
LAMPLIGHTER II
MEALS- COMPOST MEETING
$32.00
LEARNKEY INC.
WP VIDEOS
119.89
MACQUEEN EQUIP INC
LABOR, REPAIRS, SUPPLIES
637.71
MINNCOMM PAGING
3 MONTHS SERVICE
$27.16
MN DEPT OF REVENUE
SHARE NATRAKLENE
$23.40
MN MUTUAL LIFE
JULY LIFE
$72.03
MN VALLEY TESTING LAB -
WATER TESTS
$186.00
NALCO CHEMICAL CO.
NALCO 9909 FLOCCULANT
$4,968.22
NCL
HYDRO ACID
$76.43
NOTT COMPANY
LOT SCREW CONVEYOR
$14,417.49
POSTAGE BY PHONE
JUNE POSTAGE
$100.12
QUADE ELECTRIC
CONNECTOR, BOX, COVER
$116.88
RESPOND SYSTEMS
IBUPRO, ANTACID, COUGH DROP
78.40
RUNNING'S SUPPLY
TIP CUTTING, KEYS
N7.35
SANIFILL INC
LOADS 6/10 TO 6/14
$4,177.98
SCHRAMM IMPLEMENT
SHAFT SPREADER
$38.00
SERCO LABORATORIES
WATER TESTS
228.60
SERV -O -CAL
REPAIR MAG METER ELECTRONICS
250.00
SHARE CORP
SHARE NATRAKLENE
120.63
SMOGER, DAVID
REIMB SAFETY BOOTS
$60.00
SORENSEN FARM SUPPLY
RENTAL -WEED TRIMMER
73.48
STANDARD PRINTING
PAPER
$11.82
STRINGER BUS SYSTEMS
MICE CONTRACT 6010 COPIER
$262.00
SVEN
LLMO S -1, ACTIVATOR
$1,597.50
TRI CO WATER COND
SALT
$31.32
WAHL, ORVIS
STAINLESS STEELE
$87.51
WAL -MART
WINDOWS 95
$94.65
WALDOR PUMP 6 EQUIP
MECH SEAL, SLEEVE, GASKET
$2,848.64
WEBER 6 TROSETH INC.
FIRE HOSE
$77.74
WEF
REG -RANDY DEVRIES
,540.00
WITTE SANITATION
MOVE DUMPSTER TO COMPOST SITE
$159.38
WITTE SOD
SOD- PICKED UP
$5.59
YELLOW SPRINGS INSTRUMENT CO
RP TIP BARCODE
$77.94
$69,009.68*
$430,578.83*
Is
IMMEDIATE PAY
COUNCIL REPORT TUE, JUL 9,
1996, 2:46 PM
page 1
----------------------------------------------------------------------------------------------------
GENERAL FUND
CELLULAR 2000
JUNE CHARGES
$207.05
DEPT NATURAL RESOURCES
DNR FEES
$1,170.00
HCVN -TV
1996 CABLE FRANCHISE PYMT
$7,500.00
HUTCHINSON JAYCEES
1996 WATER CARNIVAL CONTRIH
$2,000.00
SHOPKO
CASSETTE TAPES
$41.08
STANDARD PRINTING
MARKERS, TRAND FILM, SHT PRTC
$99.16
SUNBOAT CRUISES
BOAT CRUISE
$668.44
< *>
$11,685.73*
HOUSING REDEV
HERBERT, DEAN &
CARPENTRY SUPPLIES
$7,576.86
< *>
$7,576.86*
LIQUOR STORE
CITY OF HUTCHINSON
LOTTERY PAYMENT
$180.16
LOCHER BROS INC
MAY BEER PURCHASE
$930.20
QUALITY WINE & SPIRITS CO.
JUNE LIQUOR PURCHASE
$2,214.54
< *>
$3,324.90*
WATER /SEWER FUND
CELLULAR 2000
JUNE CHARGES
- $22.35
< *>
- $22.35*
$22,565.14*
WIRE TRANSFER
PAYROLL FUND
MN DEPT OF REVENUE WITHHOLDING TAX
$7,582.93
L]
Ll
� g"NESO 4
OF TaP`
Minnesota
Department of Transportation
BOX 768
2805 TRANSPORTATION ROAD
WILLMAR. MINNESOTA 56201
Marlin Torgerson
City Hall
111 Hassan St. SE
Hutchinson, MN 55350
Re: T.H. 7 Schedule Change
Dear Marlin:
JUL 5 1996
c r-
July 3, 1996
FOR YOUR INFORMATION
The T.H. 7 construction from Hutchinson to Silver Lake has been moved from fiscal year `98 to fiscal year
`99. 1 would like to take this opportunity to tell you of the reasons for the move.
Approximately 18 months ago Mn/DOT's scheduling model began to show that this project was falling
behind. After changes in personnel and lettings for other projects, this project fell further behind leaving
virtually no room for unforseen setbacks.
We received the T.H. 7 corridor study in February of 1996, about the same time we were preparing for the
public hearing on this project. If the T.H. 7 layout had been completed in May of 95 as scheduled,
• incorporating the corridor study recommendations would have been difficult. Fortunately, we were able to
make many changes recommended by the study.
We held a public hearing on April 12, 1996, but because of difficult weather conditions, we held a follow -up
meeting on April 24, 1996. District 8 staff reviewed the comments from these meetings, and as a result,
changes were made to the layout. It was then sent into St. Paul for review by the Central Office Staff.
The layout was returned to the district in June. At this time we were faced with a decision. We might still be
able to deliver this project for construction in 1998. However, it would mean a late start (June) which
generally results in higher construction costs. If there were any unexpected delays in right -of -way acquisition
or plan preparation, this project would slip and result in a catastrophic impact to the FY `98 STP. Also, the
cost of the project had increased to $6.2 million due to the addition of turn lanes, frontage roads and changes
in alignment. Considering these factors, we decided that moving this job to fiscal year `99 would be
appropriate to ensure delivery of the project.
If you have any questions, please contact me at tell. 4 (320)321 -5195.
Sincerely,
o`�a41J-L
Lowell Flaten
. cc: Nelrae Succio Cheryl Plathe
An Equal Opportunity Employer
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
FOR YOUR 1NEORMIAIN
101 PARK PLACE
DAVID B. ARNOLD' HUTCHINSON, MINNESOTA 55350-2563 OF COUNSEL
STEVEN A. ANDERSON RAYMOND C. LALLIER
G. BARRY ANDERSON" (320) 567 -7575 ARTHUR L. DOTEN
LAURA K. FRETLAND FAX (320) 5874096
DAVID A. BRUEGGEMANN Seel CEDAR LAKE ROAD
PAUL D. DOVE RESIDENT ATTORNEY MINNEAPOLIS, MINNESOTA 55416
JANE VAN VALKENBURG G. BARRY ANDERSON (612) 54S -9000
RICHARD G. McGEE FAX (612) 545-1793
CATHRYN D. REHER
WALTER P. MICHELS, III 501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
+KIO AD" ITTCD IN TEXAS AND NEW YORK (612) 3692214
July 3, 1996 FAX:612) 3895506
Mr. Joseph B. Marshall
Marshall & Associates, P.A.
9501 Lexington Avenue North 1996
Circle Pines, Mn. 55014 JUL
Re: ''.Shoutz vs. City of Hutchinson
Your File No. 174600.001
Our File No. 3244 -96096
Dear Joe:
Thank you for your letter of July 2, 1996.
I am puzzled that you read into our decision to report the claim
against the City of Hutchinson brought by your client an
unwillingness on the part of the City to negotiate this matter.
Clearly, if the City has liability it would only make sense for the
City to enter into negotiations.
As you know, if the City fails to report the claim to its insurer
that action can imperil insurance coverage that may otherwise be
available to the City if only for cost of defense purposes.
I have asked counsel retained by the League Trust on behalf of the
City of Hutchinson to review the claim as outlined in your prior
letter and to get back to the City with her recommendations and
conclusions.
I do appreciate the time that you spent visiting with me about this
matter.
I do want to bring to your attention that your client made several
unsolicited calls to at least both of the radio stations and
perhaps the newspaper as well claiming that he had "sued" the City.
His decision to take the debate into the public forum, which is
certainly his right and I do not quarrel with his right, could have
been timed a little better, to say the least.
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
Mr. Joseph B. Marshall
July 3, 1996
Page 2
I am sure we will be discussing this matter in the reasonably near
future.
Best regards.
Very trufoNs,
ARNOLD, D E, P.L.L.P.
G. Barry on
GBA•lm
cc chief Steve Madson
Gary Plotz
Julie Fleming Wolfe
•
t
t
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
1 .460 ADM,TT[D ,N TE% AND MM TORR
Mr. Thomas D. Creighton
Bernick & Lifson
Suite 1200
The Collonade
5500 Wayzata Boulevard
Minneapolis, Mn. 55416
July 2, 1996
Re: Hutchinson Cable TV Services
Our File No. 3244 -92054
Dear Tom:
OF COUNSEL
RAYMOND C. LALLIER
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545.1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612)389.2214
FAX IS 12) 369 -5506
jU! 5 1996
CF
This is just a short note advising you of the results of our last
City Council meeting. The public hearing as held as scheduled and
was continued to the first meeting in August. A representative of
Midwest Cablevision was present and advised that the- day period
would expire shortly have our scheduled meeting in August and he
was concerned that if there were any issues to be raised at the
continued public hearing, there might be insufficient time to
respond.
I advised both the Midwest Cable representative and the Council
that it was my understanding you were working on this project and
it was unlikely that the continued public hearing would result in
anything substantive. We would either have the matter resolved at
that time and the continued public hearing would be a formality at
which point the transfer would be approved or the problems were so
serious that they were never going to be resolved in any event. I
see very little chance for a middle ground where there would be
significant input at the public hearing.
At the initial public hearing, now continued to the first meeting
in August, there was no public comment by anyone other than the
Midwest Cable representative. I did ask him about the planned
fiberoptic system for Hutchinson and I was advised that these
things "take time" to plan and that they were "still planning" the
system (now some 1 -1/2 years after the franchise renewal). He also
admitted that the process of the merger has slowed this, as well as
other projects up substantially.
ARNOLD, ANDERSON & DOVE FOR yOyR1 NfOR
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP �4{�■
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(320) 587-7 57 5
FAX (320) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
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
Mr. Thomas D. Creighton
July 2, 1996
Page 2
I am informed that there is absolutely gg sign of any activity
towards construction of the refashioned and remodeled system.
I am by carbon copy of this correspondence to the City
Administrator advising the Council of the status of my
communication with your office. Please let me know if there is
anything further that this office or the City should do with
respect to this matter.
Thank you. Best regards.
Very truly zARNOLD, AND & DOVE, P.L.L.P.
s
G. Barry Anderson
GBA:lm
CC .jGary D. Plotz
ARNOLD, ANDERSON & DOVE FOR Y0,Y
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP �•I� / /n,I
ATTORNEYS AT LAW Y,{(VJ/J�'
DAVID S. 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
1 A ADMITTED IN TE%A.8 AND NEW YORK
P
r 1
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
(320) 567 - 7575
FAX (320) 587 -4096
July 1, 1996
Re: Sunday Liquor Issues
Our File No. 3188 -92221
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
ARTHUR L. DOTEN
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 3092214
FAX (612) 3895506
I
J i n 5 1996
I write to you today at the request of Mayor Torgerson who asked me
to investigate the application of recent changes in Minnesota law
as it relates to the sale of alcohol on Sunday.
For Council members who may not be familiar with this issue some
review may be appropriate.
The discussion on this topic begins with Minn. Stat. §348.504 Subd.
3(d) which states, in relevant part "a city may issue a Sunday
intoxicating liquor license only if authorized to do so by the
voters of the city on the question at a general or special
election."
As you know, no permission has been granted by the voters in the
City of Hutchinson to sell alcohol on Sunday.
In addition to the prohibition set forth in State law, Section 5.43
of the Hutchinson City Code provides "no on -sale shall be made
after 1:00 o'clock A.M. on Sunday...."
Thus, even if permission by the voters to conduct alcohol sales on
Sunday is granted, a change in the City Code will be required. So
much for background.
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
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
Mr. Gary D. Plotz
July 1, 1996
Page 2
In 1996, the legislature made certain changes to Minn. Stat.
§348.404, Subd. 10 which now provides that temporary on -sale
licenses are subject to all laws and ordinances governing the sale
of intoxicating liquor except §348.409 (dealing with insurance) and
§348.504, Subd. 3, paragraph d. As I read the changes made by the
legislature, a requirement for a vote by residents of the City of
Hutchinson has now been eliminated for temporary on -sale licenses.
Other prohibitions are not affected by the change.
The legislature has also limited the number of temporary licenses
that may be issued in that "a municipality may not issue more than
three four day, four three day or six two day temporary licenses,
in any combination not to exceed 12 days per year, under §348.404,
Subd. 10, for the sale of alcoholic beverages to any one
organization or registered political committee, or for any one
location, within a 12 month period." The statute also prohibits
more than one temporary license per month to an organization or
registered political committee. Minn. Stat. §348.410, Subd. 10,
Laws of Minnesota, Chapter 323 (1996).
Please note that the temporary license language is not a model of
clarity. While an organization is prohibited from having more than
one license per month, it conceivably could receive a four day
license and there would not appear to be anything in the language
that would prevent that license from being spread over two
weekends. The changes made by the legislature would not address,
for example, the problems the City has encountered in recent years
when the City has received requests from organizations for multiple
weekend liquor sales.
In short, the changes enacted by the Minnesota Legislature would
eliminate the need to hold an election to approve the sale of
alcohol on Sunday within the city limits of the City of Hutchinson,
but any such sale will be limited to the provisions of Minnesota
law regarding temporary liquor licenses.
The changes are effective August 1, 1996.
Thank you for your time and attention to these matters. Best
personal regards.
Very tr ur
ARNO L , SO D , P.L.L.P.
G. Barr nderson
GBA:lm
Enclosures
• cn. pis, �
Sluhd. L Ll R NOT REQUIRED.
on
78th LEGLSLATURE A1 REGULAR SESSION Ch ] t
section 34CA-401 no Ikense -!L Mimie*t4a 1971, rexti,ar 390,1.410, is auncalcd h}• athikhg a xkrla..m 1d, e
Sec. 6. Minnesota Slatutsa 19Oi, aeclbn 940A.461, wlzdivisien E, in amended to teat:
Subd R. LAKE SUI'ERIO R ST. UROIR RIV AND MISSLS31rP1 RfYR.R TOUR
'- - -- - -' -'
ISUAlS. (a) 77re malkrms{ener may iss90 an av uwlualiog iquorlic�ee 1n i person
regularly engaged, on an annual or Regional basis, it 16e business of offering loam by Mat on
Lake L%perior and adjacent bays, the S'L Croix rivcr the river. 7110 license
shall antlorizo the sale of intoldeating liryor bclivcen May __ p4
on the Twat while underway or Attached to a of& it d6er moorurg. my be
ismed "less each beat ®Id In the tour lnlFinatr regularly actin nos da in little place where
InLoxicaUng Ektuor is sold.
(h) All sales of inbaim ag Iklaor made on a beat while it is all dud to a deck or other
mooiieg are subject to any rrsU idious on the sale of itlukr prescribed by the governing body
of the city vbere the float is al.adhed, or of a catoty when it in attached out" a city. A
governrg body may pmhtbk liquor make wlW Na jnristBeUoa but ivy not rapdre an
kddrtioaal license, or require a fee or ootepilion tax, fur the socket
See. 6. Minnewla Statutes 1973 SuppleumW mil=e 940&401, auhdhi3Wn l0, b =needed
I u read: Su6d. U. � epormoreJ by 16e Klrnadx. The doerso obey akll.ari.w lie dmaale af'vubeicrltiag
1lyuor for not more than four etmieculive days, aml nay arnlw:re on -sales on premises other
it .n prenisea the rltawsec owns or penimikuaUy aeempki Tlla lieeeae nay provide El,at tLe
I mey eontrael for Intoxkating Bator attiring services wille the holder or a foil-year
on -sak intoxknling figeor license Waked by any muniripelNy. The Ikeram arc skb)er110 16e
tenas inchmling a lkeese fee, unposed by the hsning munictilaW 13cemax Issued under
this allblli vision ure subject to all lave and orb governing Lhe sale of into>ocaterg lit W
r- Ia aeeliaaweUaa 340A.46D and 34WW1,. eddiv®ion 3,�lar$n (d), and them laws
and mdkancus which by Ibeir nacre are not appFica6k- Lxeraca u Ibis alk"vicime arc
roll valid untess 0rst approval by Use rrnry6sioner of pubic safety.
A vollnly im%ler this nortion only issue a temporary, itxzae only to a pn•mian Irxalel in tike
unurtvt7w:ael ut ullorganirel territory of the county.
Sec. 7. l dhinkesola SWtutea 1994, sectiut 340AAOPs xubtbdalul 4, in aulended to readk
"bd. {. L%KK SUPER l(Rl, Sl'. CROIX RIVRR 111SSF6 SII'PI RIVER TOUR
IIOA1%; COMMON CARRIERS. Cal The wrual lilx � ec for Lake Sulnerior,
I
t. Croix rr_'er M lswmai{ryd C her tour boats corder x tiara 340&404, subdivision K shall be
S1St00- 3'}M nnnnliamner shall Iransylift. tine- lahrof the fee to the eovnrirlr body of the city
(b) The annual Ikerete fee for colnmuu carriers liec sed umber alrlion 34OA.407 is:
(1) $50 for 32 percent malt liquor, sad IN for a duplicate lkcnwe; and
(2) $M for Intoxicating liquor, and SM for a duplicate license
736 A/IWm a tedkdod If wrsfleK advbam by si6aaA
Sulnl . -ilb. N(YI'[CE i'0.5'l1NG. Sa} & mints licmn , d far the tr ial) .air• of ahvh..h, T
buh'era_M an n munitirnd l igror sl must Iw.d one) maintain in a eo wjienlus Aar,• u illn,� j
lhn limns lavlldaes r le:uiY visible to e o sign N iaclus wide In N inet,e, L_igll LJ
an thnizted the aommie<l of ImAlk aml L ll. ufel - i Wisirh imtn-Ixn:llr.: II.,• I
l p
kwln mlormalion: 1) tlxx ellel[[n A vlalo nlnhn' the II1t111e11rC �� :Ihrrl xl; f'7
g ' � � - 1 -- -- - - - u7
petus Us for scrvtn a ' ohr Iw,ver�g to a nei bnrl n•il is dlridxlsly i nluucnlMl ra' n1x4o ?I u
)nm oF age; and ( S) a wanitng stalement regar&ag rlinkhls al ndr.11 u'Inie lreegw:w,t. Q '
(h) Tke mmmisslnners of l wnllh aml N ubile soft.ty sha ll dusihnl a a' n llwl_t.Implic_ %ilh I
this suhdivis;ml and sha make th e son available for reprotlnrtlna. A mlail lit etis'r or c
munigpe lirIL Blow may ti nt. n rotFfy the sigZn de� may modify the roll_ cn
Sce. 9. Miunesota Slatkh� 10tH, settles 340&.413, sulxlivaiun d, is aneextnl l0 1'.•:xl:
Subd.4. EXCTASLONS PROM LICENSE 1Jmm. lhrsalc intomotoig liynxlr Imeoi-
es may he iswert to Ule fullutving entitles by a city, in addition to tlx nundler autlnaicrd I,y
this seeLM11:
(1) chubs, or mngressimlatly Chrdered vele+ans organbationn;
(2) restaurants located A a racetrack licensed wwlrrelwptcx?40;
m
C.1) entablishtrlenls Brat are awed licorucs tm std urine unwler sniiem 310A:101, ,ul.hco-ir,n
6; Will
W) h kisallet'ior•tour boats
C
and
n
(5) theuters that are issued licei - s ull(kl' aectioll SIOA.4tt4, aulxlki3ioll Z
Z
Sot. 10. Minnesota Statutes 1994, eeetion 340A.418, cudldivwiun •l, iS ammHded o nvrl:
n
Said 2. TASTIN6'S AUTHORIZED. (a) A charitable, miigiavv, w 0111CI uargw'wfu
organization nay Conduct s wile lasting on lueirnaen the orgauixatitm urns or lea.ra ,. bas
m
use doalcd to it, or Ni the licensed prcraka of a Iadekr of an on -sal inloxwalimg byum
ul
lie w MAE Is noL a temporary license, if the organzation Iddds a temporary
intoxiealing liquor license unrer section 340AAA, sulwlh•isnar 10. And complies niW lhix
section. An organiraliol holding a Iomlwrary Ikeslse may be auisted in rvlmluel nq; the ultie
lasting by another nonprofit organization.
(h) Am orgaltiraliun that muduels a wine tasting ruder (ilia seelion may use.' the net
pnxe-LJo- from 14e wine Listing uuly fur:
(1) the nrganixalion's primary nonprofit purposes or
(2) danatiun to amdher nonludil organizattun assisting it the one tooling, if Llne Laker
nogmofit organbalion roes U1c (Zonation only for that mgalrizaliulis prknary euahlviil
purlwse.
(c) No wine at a wine lasting under this section may W. "4 or milers taken, fur ol'i-
lurnln'mleuff- yrentises cur sunnpUon.
k0 Notwithstanding Any ollier law, an organic Wn may p release or oLlwmist• olatim hilx-
for a wine tenting corwlucted under this saAion Conn a w'Iadcaaler licensed to oil uire. ;owl
the w'holeszdcr may sell or give wine to an organization irx• a wine lantazg collduetevl ender
this seeLion amt may lruvkle personnel to assist is tke wine tasting. A whoeaaer uiml a -A:
or gives wine to An orgxrdvlirku fora wine Luting order this seetion must d Aket the "we
directly to 11e location where the wine "Ling is e01111r'tiA
(e) This recUun does not prohibit or restrict a wine IawMg that hr
J IL Ideated on on -swln urernila2. where an charitable organ lion m par -Ntnl , or
(2) Mcatal oil on-sale prem where the Invcae an_ fo a deaipated clu1133' 1411 vikv
the Uuthzlt pruriently for educational nunwaes.
y
r
- Sec. 11. Minnesota Statutes IVA, seetikn 940AIu10, is Amended ded to read:
�
- Add0uin are lafkatd 4 aMedlle; dalallmt by skilu tit
T111[1-70 -1996 16:59 LERGUE OF KN CITIES P.06i14
Ch. 323
79th LEGISLATURE
LIQUOR — TEMPORARY ON-SALE LICENSES, NONINTOXICATIIrG e,
LIQUOR TERMINI OLOGY
CHAPTER 323 Cl
d.
H.F. No. 2788 rc
fr
AN ACT relating to liquor, modifying restrictions for temporaq on -sale lieensc►; discontinuing e.
the use of the Grm "noaintoxicating liquor "; amending Minnesota Statutes 1994, section s.
340A.411, subdhision 1, and by adding a subdivsion; Minnesota Statutes 1996 Supplamanr, p '
section UOA.410, subdivision 10. F
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA. �}
ti
Section 1. Minnesota Statutes 1996 Supplement, section 340A.410, subdivision 10, is 0
amended to read: u
Subd. 10. TEMPORARY LICENSES RESTRIC• p
TIONS. Sad A municipality may not issue more than tksee four-day four three r b
t�90— V temporary license L in any Combination not tp exceed days per rear, under section a=
A.E subdivision 10, for the sale of alcohollt beverages to any one organization or
registered political committee, or for any one location, within a 12 -month period. r
auuu+vm n u wr sue sa,e or axvnuuc uev man une o uon or re ie ea
Foa CDmnnttQe r or a one ovation aV ,
Sec. 2. Minnesota Statutes 1994, section 340A.411, subdivision 1, is amended to read:
Subdivision 1. ON -SALE LICENSES. On -sale nowintoeaoatia 2 nt malt malt liquor
licenses may only be issued to drugstores, restaurants, hotels, clubs, SR g centers, and
establishments used exclusively for the sale of 32 percent malt liquor with the incidental sale
of tobacco and soft drinks.
Sec. 3. Minnesota Statutes 1994, section 340A.411, Is amended by adding a subdivision to p
read:
Subd. 3. TERMINOLOGY. Apolitical subdivision may not issue a 32 percent malt
liquor license that includes the term "nom caUng 3ouur.^ a
Sec. 4.0STRUCTION TO REVISOR.
r of statutes shah ahanite the words "nonintoucating liquor" wherever they
apt>8a1' m esota tatutes an e80 R ules t0 Weent m_ tTuor." .
Presented to the governor March 14,1996.
Approved March 16,19%. 1 r
HEALTH -- COMMISSIONER OF HEALTH, EMERGENCY
MEDICAL SERVICES REGULATORY BOARD —
TRANSFER OF AUTHORITY
CHAPTER 324
H.F. No. 2310 r
AN ACT relating to health; ttanaferring certain authority from the commissioner of health to the r �
etnemnq er
medical svice+ rnalatory bow* adding two members to the emergency medical r
services regulatory board; adding an exemption to the medical license requirement; specifying
effective date of appointtnants and board actions; amending Minnesota Statutes ISK section
18OAK subdivision 3; Minnesota Statutes 1996 Supplement, sections 144.8093, subdhisioo 4;
1442.01, subdivision 1; and 149.09.
BE 17 ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA
162 Aed♦OM we ladicaled by owergare delelloas by 949WA
FOR YOUR 1 ORMATIQK -1 U L 5 1996
C: , n
143 University
LMC Avenue West, St. Pau), `IN 55103 -2044
Laagma of .kl;nnasota 06" Phone: (612) 281 -1200 • (800) 925 -1122
Cities promoh'ng arc0& -Ce Fax: (612) 281 -1299 • TDD (612) 281 -1290
July 2, 1996
Dear Mayor Torgerson and Members of the Hutchinson City Council;
By now, you are probably aware of the rights of way issue facing cities in Minnesota. US
West's challenge to local management of the public rights of way is one of the most critical
issues cities have faced in years. It was a topic of considerable discussion at the Annual
Conference, where member cities supported the League Board of Directors decision to move
forward with an aggressive work program and financing plan to counter this challenge. We need
your city to make a special payment to this fund and help put the work plan into action.
The work plan developed by the Rights of Way Task Force and approved by the Board could
cost $325,000 or more. This assumes that a large portion of the work plan will be coordinated
by and implemented through League staff. The Board has agreed to allocate $125,000 from the
current League budget for the work plan and is asking member cities to voluntarily pay
$200,000.
Based on your city's 1995 -96 League dues, your suggested minimum payment is $856.
Please consider this request in July and submit your payment by August 15, 1996 if at all
possible. If each city meets their minimum payment, the $200,000 target is reachable. However,
because it is unlikely that all cities will join this voluntary effort, we encourage members to
allocate more if this initiative is of particular importance to them.
Two important points should be made: First, this is a voluntary payment. As a member of the
League of Minnesota Cities, you are not required to take part in this effort. However, if total city
payments fall significantly short of the $200,000 goal, the League will not be able to fully
undertake the work plan. Second, your voluntary payment should not be confused with your
League membership dues which will be billed at the beginning of September.
The Board of Directors and I understand that this issue must be weighed against the priorities in
your city. However, we believe that the prospect of losing local control of public property
warrants this extraordinary effort. This ig a complicated issue, please consider it carefully.
Enclosed is a brief information sheet to help you in your deliberations. If you have any
questions, contact me at (218) 643 -1431, League Executive Director Jim Miller at (612) 280-
1205 or (800) 925 -1122, or any member of the Board of Directors.
Sincerely, /�
I s �X 41 c 4r— K t:A
Blaine C. Hill
President, League of Minnesota Cities
cc: City Manager, Administrator or Cl er�kk
AN EQUAL OPP0 ITYh ACTION EMPLOYER
s
LMC
L--r- of M;M"&a& ryos"
ciuse B QaNI/ m
Common questions about
public rights of way
Why did local management of public
rights of way become such an issue?
A - In February, US West challenged a
1` Redwood Falls ordinance that set standards
for installing fiber optic cable in the public right
of way. The ordinance charges a small per foot
fee, requires the cable to be encased in concrete
conduit, or, if that isn't done, limits the city's
liability in case the cable is damaged. US West
asked the Minnesota Public Utilities
Commission (PUC) to take over jurisdiction of
city rights of way, and set aside any local
regulations. Then, US West sued the city of
Redwood Falls in District Court. US West asked
the court to prevent the city from enforcing the
ordinance, and allow them to lay their fiber optic
cable pending resolution of the matter before the
PUC.
Didn't the District Court rule in favor of
Redwood Falls?
A - Yes. The League intervened on behalf of
edwood Falls early in the proceedings and
hired outside legal counsel with expertise in
utility law. Those efforts paid off when a Fifth
District Court Judge dismissed the lawsuit
brought by US West. In the order dismissing the
suit, the judge stated essentially that the state law
creating the PUC authorized it to regulate
telephone service providers but did not take
away cities' right to impose reasonable
regulations and to charge a reasonable franchise
fee for the use of their streets and services. The
judge wrote "...The public utility commission
regulates telephone companies, not cities."
Q Doesn't that settle things?
A Not necessarily. The District Court ruling
probably will ha%a little bearing on the PUC
ruling, which is expected later this summer. US
West may also appeal the District Court ruling.
Regardless of what happens in these two arenas,
the Legislature will be looking at this issue when
the 1997 session begins in January.
Q Why is this such an important issue?
The implications of this case are enormous.
deregulation and competition among
telecommunication and utility providers
continues, there will be more and more demand
for access to the ground under city streets. All
kinds of businesses and utilities make use of that
scarce space - telephone companies, cable
television companies, gas companies, power
companies - and so on. If cities are not allowed
to manage the use of the right of way, streets
could be tom up regularly and underground
facilities could become a tangled maze. Imagine
your city completing a major repaving project,
only to have the street tom up by a utility
looking to install lines. Imagine the phone calls
to city hall from irate residents if streets are
blocked off two or three times a year. Imagine
your frustration when it becomes obvious that
local taxpayers are being forced to subsidize
private industry and pay higher taxes to build
and maintain city streets.
Q So what is the League of Minnesota
Cities doing?
A As the magnitude of this issue became
clear, the League Board of Directors
appointed a Rights of Way Task Force to look at
what should be done. Through the course of
several meetings, the Task Force developed a
work program that involves legal, legislative,
and public information strategies to protect
cities' role in managing the public right of way.
The Task Force estimates that full
implementation of the work program could cost
as much as $325,000. The Board has agreed to
finance this work program by allocating
$125,000 from the current League budget and
asking member cities to voluntarily allocate
$200,000.
$200, 000 is a lot of money. What is the
League going to do with all of that?
A The work plan includes legal
representation, work with legislative
leaders, and an extensive statewide public
information campaign. While League staff will
take on the bulk of this work, it's likely that
outside assistance will be needed.
Q How did you decide how much you want
our city to pay?
A Your suggested payment is based on a
rcentage of your city's 1995 -96 League
dues.
Q Do we have to pay? How will the payment
affect our dues?
A No city if required to pay. This is strictly a
voluntary payment. Also, it's entirely
separate from the League dues statement your
city will receive in September.
Q What if our city decides not to pay?
A That's your choice. As a member of the
League of Minnesota Cities, you are not
required to take part in this effort. However, if
total city payments fall significantly short of the
$200,000 goal, the League will not be able to
fully undertake the work plan.
Q Can our city pay more?
A Certainly. In fact, we encourage members
to allocate more to this fund if this initiative
is of particular importance to them. If all
member cities meet their minimum payment, the
$200,000 target is reachable - but it's unlikely
that every city will join this voluntary effort.
Q After we pay, how can we stay up to date
on the issue?
A We will keep you informed of any
developments through articles in Cities
Bulletin, direct mailings, and broadcast faxes.
Q Clearly, our payment is only part of the
solution. What else can we do?
Am The best thing city officials can do is stay
formed, and pass that information along to
as many others as possible. Discuss rights of
way with your local editors and reporters; make
local control a campaign issue for your House
and Senate candidates; talk to your local
Chamber of Commerce about the business
impact of tom -up streets; let taxpayers know
you're working to protect their investment in
streets.
Q I'm still confused. Who should I call?
If you have more questions, please contact
ague Executive Director Jim Miller at
(612) 280 -1205 or (800) 925 -1122, or any
member of the Board of Directors.
t
t
it
ti" O ffice FOR YOUR INFORMMIt
hn M. Houlahan, Director D ioneedand
Fifth Street SW r LIBRARY SYSTEM
Wii ar IK nesota56201 -0327 I IIIIIIIIIIIIIIIIIIIIIII
Phone: (320) 235 -6106 Fax ( 320) 235 -6106 v.11marpl@royal.cfa.org
Date: July 2, 1996
To: City and County Administrators; 1111 3 1996
From: John Houlahan Ctrl H ; �,_• .. _,
For the budget year 1997, local need continues as the basic principle guiding Pioneerland
Library System's budget requests to cities and counties. Therefore, while Pioneerland is
following a general guideline of 4% increase in support from cities and counties in 1997,
requests may vary because of local, service, operational and capital needs.
This letter also includes an important funding request for automation. Beginning in 1997,
Pioneerland will begin automating all thirty-one of its libraries. By end of 1997, all
libraries will be provided 56K lines, routers and access to internet. When total automation
project is completed, all thirty-one libraries will replace their stand alone cd -rom catalogs
with an up-to -date online system that features two computer terminals and a printer,
access to an online catalog of 31 libraries, automated check out system, intemet services
and connectivity to commercial data bases and to other Minnesota public, school and
academic libraries' online catalogs. Additionally, libraries' collections will all be barcoded
to improve inventory control and to aid in operating the new automated system.
Pioneerland Library System's administrative and local library staff are available to meet
with city and county officials to discuss Pioneerland Library System's 1997 budget (see
enclosure), local library's 1997 operational budgets, and capital and automation requests.
Please grant library staff a week or more notice prior to their appearance before city or
county officials.
Also, Pioneerland is preparing additional information on the benefits and values of the new
automation project. Details will be coming under separate cover.
Thank you for your continued interest in and support of library services. Pioneerland
looks forward to continuing to work with you in meeting your citizens' library needs.
Pioneerland Library System's 1997 budget requests
Governing Unit city of Hutchinso (Name)
A. Operational Request $77,341
B. Capital Request $o
C. Automation Request $6.985
PIONEERI.AND LIBRARY SYSTEM
1997 BUDGET
INCOME:
STATE
335,387
FEDERAL
47,711
CITY OPERATING
609,288
CITY CAPITAL
1,250
COUNTY OPERATING
805,439
COUNTY CAPITAL
1,250
CHARGES, FINES
5,605
COPY MACHINE
15,300
EQUIPMENT RENTAL
250
FAX MACHINE
200
GIFTS
6,400
BOOK SALES
2,270
EXTENSION
6,000
RESERVE
286,339
INTEREST
5,500
SYSTEM SERVICES
16,000
OTHER
81100
TOTAL INCOME
2,152,289
EXPENSES:
SALARIES
1,192,734
HEALTH INSURANCE
40,107
HEALTH INSURANCE DEDUCTION
14,380
SS /MED /PERA
140,877
BOOKS
251,733
MAG /NSP /PAM
52,053
VIDEOS
16,946
OCLC
25,000
COM
25,000
VEHICLE OPERATIONS
28,725
TELEPHONE
16,500
BINDINGS
975
POSTAGE
14,705
NEW EQUIPMENT
31,500
MAINTENANCE CONTRACTS
14,450
SUPPLIES /PRINTING
40,190
PROMO /PROG
5,729
MILEAGE -STAFF
9,750
MILEAGE- TRUSTEES
6,500
INSURANCE
18,385
ADS /NOTICES
585
AUDIT
2,134
BOOKKEEPING
7,474
CONTINUING EDUCATION
11,009
EXTENSION
21,375
SALES TAX
2,536
LEGAL SERVICES
3,000
RESERVE
157,937
VAC /SICK LEAVE RESERVE
0
TOTAL EXPENSES
2,152,289
t
t
HUTCHINSON
FIRE DEPARTMENT
205 Third Avenue South East
HUTCHINSON, MINNESOTA 55350
TO: Mayor and Council
FROM: Brad Emans, Fire Chief
June 1996
The fire department responded to 21 calls for service in June.
Breakdown of the City calls:
1 - Residential
6 Commercial/Industrial
1 Mufti Family
3 - Haz Mat
3 - Vehicle
,.•• .
1 - Commercial/Industrial
1 - 10 -52
1 - Medical
2 - Haz Mat
1 - Vehicle
1 - Grass
• SCBA Update and Maintenance
• Sprinkler Trailer
• First Aid Refresher
• Four pumpers tested for yearly requirements
• 3M Safety Day (Fire Prevention)
PIONEERLAND LIBRARY SYSTEM
REVENUE AND EXPENDITURE REPORT
MAY 31, 1996
HUTCHINSON
M -T -D Y -T -D % OF % OF
REVENUE: AMOUNT AMOUNT BUDGET BUDGET YEAR
RESERVE
0.00
0.00
0.00
0.00%
42%
CITY OPERATING
0.00
37,183.00
74,366.00
50.00%
42%
COUNTY OPERATING
0.00
21,380.00
42,760.00
50.00%
42%
GIFTS
50.00
2,200.08
600.00
366.68%
42%
CHARGES, FINES
35.85
82.04
300.00
27.35%
42%
EQUIPMENT RENTALS
0.00
15.00
0.00
0.00%
42%
BOOK SALES
0.00
0.00
1,200.00
0.00%
42%
OTHER
11.26
11.26
0.00
0.00%
42%
TOTAL REVENUES
97.11
60,871.38
119,226.00
51.06%
42%
EXPENDITURES:
SALARIES 3,536.86 - 31,914.54 - 78,729.00 40.54% 42%
HEALTH INSURANCE - 76.24 381.20 - 1,084.00 35.17% 42%
HEALTH INSURANCE- DEDUCTIBLE - 320.00 - 320.00 - 320.00 100.00% 42%
PAYROLL TAXES - 713.27 - 3,503.09 - 9,054.00 38.69% 42%
BOOKS - 1,347.44 - 9,052.16 - 20,000.00 45.26% 42%
PERIODICALS 35.53 - 2,127.17 - 3,500.00 60.78% 42%
VIDEOS 0.00 - 350.00 - 350.00 100.00% 42%
BINDINGS 0.00 -19.12 - 100.00 19.12% 42%
POSTAGE & SHIPPING -72.00 - 360.00 - 950.00 37.89% 42%
NEW EQUIPMENT 0.00 0.00 -0.00 0.00% 42%
MAINTENANCE CONTRACTS 0.00 0.00 -0.00 0.00% 42%
SUPPLIES 0.00 - 421.19 - 800.00 52.65% 42%
INSURANCE 0.00 - 1,051.91 - 1,150.00 91.47% 42%
AUDITING 0.00 -63.75 -62.00 102.82% 42%
BOOKKEEPING -30.00 - 150.00 - 360.00 41.67% 42%
SALES TAX 0.00 -0.61 - 200.00 0.31% 42%
TOTAL EXPENDITURES - 9,060.28 - 49,714.74 - 116,659.00 42.62% 42%
FUNDS AVAILABLE - 8,963.17 11,156.64 2,567.00 - 434.62% 42%
i
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
JUNE 1995
JUNE
3,251
8,249
1,296
999
13,795
TOTAL
1995
LIQUOR
BEER
WINE
MISC.
TOTAL
BY WEEK
1
2,066
4,189
828
292
7,375
2,857
2
3,276
7,723
1,301
719
13,019
781
3
3,649
8,784
1,277
2,141
15,851
769
13,437
8
3,526
10,691
1.467
2,346
36,245
5
1,189
2,537
431
184
4,341
11
6
1,290
2,946
378
228
4,842
1,668
7
1,539
2,507
424
151
4,621
5,077
8
1.870
2,969
528
276
5,643
1,747
9
3,186
5,849
905
500
10,440
1,103
10
3,157
5,594
949
539
10,239
4,064
18
1,397
2,374
468
202
4,441
40,126
12
2,244
2,939
462
226
5,871
1,676
13
1,503
3,859
951
410
6,723
7.299
14
2,091
3,825
483
391
6,790
1,086
15
2,023
4,939
676
364
8,002
166
16
3,093
8,375
1,193
611
13,272
5,479
17
3,817
11,193
1,638
1,208
17,856
27
2.198
5.564
961
416
9,139
28
58,514
19
1,277
2,688
451
212
4,628
9,007
20
1,072
2,605
340
240
4,257
21
1,976
3,372
558
297
6,203
22
1,753
4,295
702
355
7,105
23
3,204
6,870
1,063
176
11.313
24
2,871
6,983
1,002
176
11,032
44,538
26
1,198
2,322
381
239
4,140
27
1,378
2,366
515
262
4.521
28
1,686
3,067
415
287
5,455
29
2,333
4,566
912
274
8,085
30
4,045
8,367
1,383
592
14,387
36.588
TOTAL
58,786
125,729
20,146
11,350
216.011
94 TOTALS
47,655
102,951
15,059
8,397
174,062
% OF SALE
27
58
9
5
100
SALES INC
OR DEC
41,949
24
%
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
JUNE 1996 1996
JUNE TOTAL
1996 LIQUOR BEER WINE MISC. TOTAL BY WEEK
1
3,251
8,249
1,296
999
13,795
3
2,311
2,748
594
297
5,950
4
1,530
3,001
416
183
5,130
5
1,727
2,857
478
264
5,326
6
2,221
4,812
781
260
8,074
7
3,506
7,899
1,263
769
13,437
8
3,526
10,691
1.467
2,346
18,030
10
1,425
3,246
494
299
5,464
11
1,902
3,501
530
316
6,249
12
1,668
3,735
478
349
6,230
13
2,332
5,077
841
484
8,734
14
3,320
9,899
1,747
682
15,648
15
3,796
10,389
1,526
1,103
16,814
17
1,373
2,196
327
168
4,064
18
1,397
2,374
468
202
4,441
19
1.698
3.037
612
299
5,848
20
1,676
4,105
529
298
6,608
21
3,129
7.299
1,030
728
12,186
22
3,097
7,141
1,086
647
11,971
24
1,556
2,789
482
166
4,993
25
1,554
3,145
533
247
5,479
26
1,774
4,250
580
251
6,855
27
2.198
5.564
961
416
9,139
28
4,141
8,556
1,200
628
14,525
29
3,794
9,007
1,192
924
14,917
13,795
55,947
59,139
44,916
55,908
TOTAL 59,902 135,567
95 TOTAL 58,786 125,729
% OF SAL 26 59
SALES INC OR DEC
20,911
20,146
9
13,694
13,325
11,350
6
ALI
229,705
216.011
100
N M M
"LIQUOR
19: -15:96 HUTCH"
14:35:14
Pa : 1
Item code Descriotion
DEPTNO - -> I MQ"H
Count 942 Subtotals - ->
DEPTND -> 2 IBEERI
Corot 6T Subtotals - -
DEPTNO --i 3 IWINEI
Cant 936 Subtotals ->
DEPTNO 5 (ICE)
Count 3 Subtotals -)
DEPTNO -> 9 (RENTAL!
Count 2 Subtotals ->
DEPTNO - -? 10 (TOBACCO PR.ODIICTS)
Count 228 Subtotals ->
It 7 90 (MISC BEER)
1 Subtotals --)
DEPTNO -> 91 (MISC LIgl1GR)
Count I Subtotals -i
DEPT40 -> 92 (MISC WINE)
Count 1 Subtotals ->
DEP,% -) 93 (M1SC 6.5 %)
Count D) Subtotals
Count 3046 Totals - -,
0
(6101 - 6/30)
MTD Sales Reoart
On Extended - - - - - --
Cls ordr Q-- H cost Qtv
-+GARY
PLOTD-
- - -- Month to date sales ---------------
Cost Markdowns Sales Profits 6P %
'M24) 160915.87 6412 46191.11 553.87 59347.58 13156.41 22.2
8524 51268.8 14989 10648 K1.59 135030.96 28547.51 21.1
21269 71581.35 4124 13682.58 3::8.59 3)570.43 6881.85 w.5
19)9 468.3)
97
1823 3834.73 1715 3166.65
2545.29 3)77.09 81.6
589.03 589.03 100.0
34.39 4275.90 1t09.25 25.9
+t+t+
++ttt
t++++
5134
7670.47
1812
4127.78
109.61 5767.01
1639.23
2 .4
60010
295271.25
30758
174119.81
1579.0 i 248T^6 ?3i
544 .'
4-7.7
/
I J
Date: 06;:7/96
Tine: 19;40:09
Page: 1
Item code Descrict:an
DEPThC -)
I (LIOJY..) --- ---
Count 992
Subtotals - -)
DEPTNO --
2 (BEER)
Count 602
Subtotal, -
DEPTNO --1
3 (MINE)
Count 936
Subtatals
DEP M --
5 (ICE)
Count 3
Subtotals - -)
DEPTNO -)
9 (RENTAL)
Count 2
Subtotals -)
DEPTNO - i
10 (TOBACCO PROMTS)
Count 228
Subtotals
DEPTNO -)
90 (MISC BEER)
Count l
Subtotals -)
DEPTNO -)
91 (MISC LIQl10R)
Count t
Subtotals--)
DEPTNO -)
92 (MISC MINE)
Count I
Subtatals -)
DEPTNO -)
93 (MISC 6.5 %)
Count W)
Subtotals - -)
6/30/96)
Sorts: DEPTNO
YTD Sales Reoort Ranges: DEPTNO
Sumary: Yes
- -- Year to Date Sales - -- - -- - - --
Cost Markdowns Sales Profits 6P %
extended
CIS 9-0-H 9-O-H cost 9tv
23320 160915.8 3705 2556. ;428.59 326761.85 70725.30 21.7
8524 51268.83 69636 454239.45 1917.81 5799fjO.47 125661.02 21.7
21259 71581.35 2�) 74876.45 2402.50 IHKI.03 36954.58 w.0
t
3158 7w,40 4516.80 3783.4) 83.8
130 909.04 909.04 100.0
1823 3834.7 7878 15149.61 261.52 20:;06.09 5156.48 25.4
+ta+t
P-rr.m
51 4 7670.47 7989 13546.59 255.90 18938.94 5392.36 28.5
Count 3096 Totals -) ________ ___________ _____ ::: ____:_::__ ::_::::_: _______.:_ _____:.___ :::::
60011 295271.25 142177 814182.04 8266.32 1062764.22 248542.18 23.4
a
�I1
9\5/
The city of Little Falls may, by
ordinance, impose a one -half
percent sales tax on food and
non - alcoholic beverages sold by
restaurants and other places of
refreshment, excluding schools
and school sponsored events.
The revenues must be used for
tourism purposes, including
activities and programs of the
tourism and convention bureau.
The tax will be administered by
the city.
Hermantown
The city of Hermantown may
impose a sales tax of up to one
percent on taxable sales that
occur within the city The provi-
sion does not include a local use
tax. The revenues must be used
for extending a sewer interceptor
line, improvements to the mu-
icipal water system, and con-
struction of a police and fire
station. The tax will be subject to
the same penalties, interest, and
enforcement provisions as the
state sales tax and will be admin-
istered by the Department of
Revenue. Implementation must
first be approved by the voters
through a referendum.
Mankato
The citv of Mankato is autho-
rized to use their local sales tax
to fund improvements and
operation of the Mankato Mu-
nicipal Airport. The city may also
issue bonds up to $4.5 million for
the airport without holding a
referendum.
0
Beginning February 8,1996, federal
law exempts direct-to-home satellite
(DBS) services from any tax or fee
imposed by local governments.
"Direct - to-home satellite service" is
programming trai
cast by satellite directly to the
subscribers' premises without the use
of ground receiving or distribution
equipment, except at the subscribers'
premises or in the uplink process to
the satellite.
REMINDER:
State agency direct
pay permit
On July 1, 1995, agencies of
the State of Minnesota began
using a direct pay permit to
pay state and local sales tax
on purchases made using
state purchase orders. The
agencies pay the taxes directly
to the Minnesota Department
of Revenue at the time of
purchase. Since the direct pay
permit information is on each
State of Minnesota purchase
order, you do not need a copy
of the direct pay permit to sell
items exempt to state agen-
cies.
New - Over the next few
months, Purchasing Cards (a
kind of VISA card) will be
issued to some state
employees. These Purchasing
Cards will be used for small
dollar purchases authorized
by the state agency. Charge
sales tax on all purchases
made with these cards unless
the purchaser gives you a
valid exemption certificate
(ST -3 or ST -5).
One -half percent of Minnesota's 6.5
percent sales and use tax rate is a
local county tax. However, the local
county tax expires on June 30,1996
and Minnesota's general sales and
use tax rate becomes 6.5 percent.
Sales of DBS services are subject to
6 percent sales or use tax from
February 8,1996 until June 30,
1996. Beginning July 1, 1996, sales
are subject to 6.5
Call theTiplir
with Information
Do you know about someone
• who is not collecting sales
tax when they make a retail
sale?
• who charges more or less
than the required amount of
tax?
• who collects sales tax and
does not pay it to the State?
• who bought property out-
side Minnesota without
paying the sales or use tax?
Call the Minnesota Depart-
ment of Revenue Tipline to let
us know, so that we can
correct the situation.
In the metro area call (612)
297 -5195 or toll -free 1- 800 -657-
3500 to leave a recorded
message on voice mail.
You may remain anonymous,
or leave a number if you want
someone from the department
to contact you. Your informa-
tion will remain confidential.
We appreciate your assistance
in finding those who are not
complying with Minnesota's
tax laws. We want all citizens
of Minnesota to pay their
share of taxes - no more and
no less than they owe.
0101MQ ii
S • Cobb County GA (Atlanta area) has begun
perating its 450 TPD Bedminster comcomposting plant
n Mariett a . The $23 million system has a $32.50 tip
fee, equal to the County landfill but more than private
area landfills. It will process up to 300 TPD of MSW
and 150 TPD of biosolids.
•• Sevier County TN (e. of Knoxville) is adding a
4th unit to the Bedminster system to process 200 TPD.
•• The Tri -City S.W.C. has terminated operations
at Recomp of Minnesota. The St. Cloud MN system
operated independently after parent Bonneville Power
Corp. (RRR 6/96) went bankrupt. In addition to com-
posting, the system produced RDF for a Northern States
Power project.
•• Northwest Arkansas Recovery is planning a 150
TPD compost project in the Fayetteville area. A former
authority there had contracted for an energy recovery
system and then canceled the project incurring a major
financial penalty.
•• Ag -Renu reports that its unique system has been
uccessfully processing Middletown OH leaves and yard
immings for several years. It also has had its 12 modi-
fied concrete mixers operating in Knoxville TN and at
Whiteman Air Force Base (e. of Kansas City, MO).
Ag -Renu has licensed Spectra Service to promote its
rapid technologv at military bases. 513- 296 -1778.
•• Hutchinson MN plans to expand its NaturTech
Composting System from 4 to 16 boxes. The program
has been operating for 18 months and processes about 4
TPD of biosolids; the expansion would co- compost
source separated organics in 40 yd.' closed containers
and is contingent on a state grant of $400,000.
612 - 253-6255.
•• Countec has a license to be the exclusive agent
for the SEA International color sorting equipment in
North America. SEA has installed over 80 machines
during 6 years in Europe. it can be used for ceramic,
metal and color sorting by changing the program by
button. The machines range in size from 5 to 20 TPH
r ceramic and metal and from 2.5 to 10 TPH for color
rting. 515- 246 -1709.
•• The Northeast Recycling Council reports that "a
significant majority of newsprint publishers in the North-
east" will increase purchases of recycled fiber from
about 20 to 25% to 40 to 50 %. Old Newspaper and Old
M Supply in the Northeast Order No. C144-
9600. $10.00. Northeast Publishers' Commitments to
Purchase Recycled Newsprint Order No. C070 -9500.
$10.00. 1- 800 - 800-1910.
•• Southland Newsprint plans a new newsprint mill
in Longview TX; the $750 million project is scheduled
to be under construction by late summer. The 1,400
TPD mill will have capacity for 20% recycled content
and could consume up to 280 TPD of ONP and OMG.
•• The recycled content goal for Missouri newspa-
pers in 1993 was 10 %. In 1994, Missouri newspapers
reported an average recycled content of 25.1 % that fell
off in 1995 to 21.7 %.
•• Rock -Tenn opened a new paper recovery opera-
tion in Montreal Quebec. It will collect, sort and bale
paper /paperboard from offices, businesses and industrial
operations and will sell to regional customers.
•• Metro Waste Paper and Paperboard Industries
contracted with North York (pop. 560,000)n in the
Toronto area for mixed paper at a floor price of CDN
3140 /ton for the first 2 years of an 8 -year contract.
•• The forest and paper industries created the For-
est Industry Association Council with about 30 state,
regional and national forest industry associations to iden-
tify priority issues, create alignment, and achieve shared
objectives. 301 - 838 -9385.
•• Royaline, a manufacturer of bath bays, showers,
and tubs has developed a new technology to recycle
fiber - reinforced polyester (FRP) (fiber glass). Royaline
has been awarded a $206,000 grant from the U.S. Dept.
of Energy's NICE' program. The current spraying
process generates scrap FRP costing 15% to 30% of the
cost of purchased materials. The grant program requires
applicants submit proposals through a state office; the
Minnesota Office of Environmental Assistance applied
for Royaline. 612-464 -1070.
P.8 1July 1996 RESOURCE RECOVERY REPORT ..5313 38TH ST, NW..WASH., DC 20015..(202)362-6034
V 1 ESS B MEFINv JULY 2, 1996
STAR TRIBUNE • PAGE D3
NATIONAL NEWS
Briefs
> ADC Telecnmmunlca-
tions Inc., Bloomington,
said that it has acquired
common stock and the
remaining minority in-
terest will be transferred
to ADC over three years.
ADC made an initial cash
payment of about $41
million and undisclosed
additional cash pay -
ments will be made be-
tween Nov. 1, 1996, and
Oct. 31, 1999, subject to
the achievement by Soli-
tra of certain perfor-
mance goals.
> Education Alternatives
Inc., Bloomington, said
that it has reached par -
tial agreement with city
of Hartford and Hartford
Board of Education offi-
cials on amounts to be
paid the company under
its school management
contract. Hartford offi-
cials have agreed to pay
the company $2.73 mil-
lion for the computers
installed in and the capi-
tal improvements made
to Hartford schools. Edu-
cation Alternatives said it
will continue to attempt
to collect additional
amounts from Hartford.
> RSI Systems Inc., Edina,
has named Donald Lies
president and chief exec-
utive officer, succeeding
Dennis Leese, who will
become vice chairman of
the company. Lies was
president of CHORUS
Group, Minneapolis.
Richard Braun, a director
of the company, has
been named chairman of
the board.
> Chronimed Inc., Minne-
tonka, said it has com-
pleted the acquisition of
StatScript Pharmacy, a
company providing
Pharmacy services to pa-
tients with HIV and
,Vr1C ('hrnni n..,.l i -,
Avis agrees to purchase
by HFS for $800 million
New owner plans to keep brand name,
spin off company to its shareholders
Associated Press
NEW YORK — Car renter Avis
Inc. has agreed to be bought by
the owner of Days Inn, Howard
Johnson and Century 21 in an
5800 million deal that focuses on
the company's franchise value.
HFS Inc. announced the wide-
ly expected deal Monday. In
keeping with its strategy of own-
ing brand names rather than ac-
tual operations, HFS intends to
spin off Avis Rent A Car to its
shareholders.
The car rental company would
pay HFS a fee to use the Avis
name.
"As we've seen in lodging and,
more recently, residential real es-
tate, HFS can leverage its fran-
chise service skills for the benefit
of Avis Rent A Car and its cus-
tomers," HFS Chairman and
Chief Executive Henry Silverman
said in a statement.
If approved, the deal would
end Avis' history as one of the
nation's best -known employee -
owned companies. Employees
hold 71 percent of Avis through
an Employee Stock Ownership
Plan (ESOP), which is overseen by
an outside trustee.
That trustee — as well as Gen-
eral Motors Corp., which owns 29
percent of Avis — must approve
the transaction.
"The trustee has basically
agreed to the deal as proposed,"
Avis Chairman and Chief Execu-
tive Joseph Vittoria said in a con-
ference call with reporters. "The
trustee has been involved in the
discussions."
GM, too, has basically backed
the idea, he said. Formal approv-
als, however, are needed once a
definitive agreement is put in
place. The deal is expected to be
completed by year's end.
The transaction calls for share-
holders to get about $500 million
in cash and 5300. million in HFS
common stock. For employees in
the ESOP, the purchase price rep-
resents more than twice the last
valuation of their Avis stock, Vit-
toria said.
The spin -off of Avis Rent A Car
to HFS shareholders would place
the biggest chunk of Avis into a
new company. It would include
Avis' fleet of 175,000 cars, its 800
company -owned locations and
$2.2 billion to $2.3 billion in debt.
The remainder of Avis Inc. that
will continue to be held by HFS
would comprise the franchise
rights to the Avis name as well as
Avis' reservations system and
other functions like marketing
and information systems.
Advantages of the deal, ac-
cording to Silverman and Vittoria,
would include the ability to com-
bine strengths from both compa-
nies, particularly knowledge of
franchise operations. They also
could package more closely car
rentals with hotel stays at HFS
properties..
Vittoria said one reason be-
hind Avis' decision to go ahead
with a sale is that a number of
employees are reaching 55 years
old, when they can opt to with-
draw a percentage of their funds
from their Avis shares in the
ESOP and invest it in other com-
panies' stock. That would force
Avis to buy back the shares, a
financially burdensome task.
\1qfjW Irresponsible property owners have soaked Minneapolis with $6 million in
FO R JQ� uncollected water bills. Though that's a fraction of the $34 million owed during
1989's billing snafu, the city might get tough by hiring a collection agency.
�
Overdue water b1olls? Start sweating
By Kevin Diaz
Star Tribune Staff Writer
If you water your lawn often or
take lots of showers in Minneapo-
lis, you might want to make extra
sure you pay your water bill on
time. The city soon may send its
delinquent accounts to a bill col-
lector.
The get -tough measure is one
of several strategies being pro-
posed to whittle down sonic $6
million in uncollected water bills,
an area in which the city has had
a troubled past.
But whereas previous water
billing problems were blamed on
computer glitches and an anti-
quated metering system that re-
lied on quarterly billing and esti-
mated readings, the problem now
seems to have more to do with
walkaway property owners and
customer intransigence.
"It's people not paying their
bill, or walking off," said John
Moir, the city's finance director.
Turning to a collection agency,
which would work for a percent-
age of recovered money, would
be new ground for the city. If the
plan is adopted, it would work in
tandem with the new automated
meter- reading system throughout
the city, which is now about 80
percent complete. Bills are now
issued monthly.
But sonic accounts, particular-
"While the transition
from the old water- billing
system to the new system
can be held partly
responsible, I am
concerned about what
mechanism in our current
system of utility billing
allows these bills to reach
such levels."
Sharon Sayles Belton,
Mayor of Minneapolis
----- .. _.....
ly in apartment buildings, have
been allowed to grow to five dig-
its before the water department
shuts off service.
No forgiveness
In some cases, outstanding
water Bills — which attach to
property, not to people — have
significantly increased the cost of
redeveloping abandoned or di-
lapidated buildings where the
new owners are left to pay off the
old bills.
In a move applauded by May-
or Sharon Sayles Belton, the City
Council recently turned down a
landlord's request to waive an
$11,319 water bill that had been
charged to it building he bought
at 3424 Stevens Av. S.
While city officials expressed
sympathy with the landowner's
predicament, they said they could
not set a precedent by forgiving
past water bills, no matter how
responsible or reputable the new
owners are.
Since 1992, when the city be-
gan catching up from its past wa-
ter- billing problems, the city has
collected $13.2 million more for
utilities than it has billed. Out-
standing water bills, which
peaked at $34 million during the
height of the 1989 billing snafu,
have since dropped to the current
$6 million.
While iliat is encouraging, offi-
cials are still unhappy with the
high number of past -due bills,
two - thirds of which were run up
by departed billpayers and prop-
erty owners, as was the $11,319
bill on Stevens Av.
"While the transition from the
old water- billing system to the
new system can be held partly
responsible, I am concerned
about what mechanism in our
current system of utility billing
allows these bills to reach such
levels," Sayles Belton wrote to the
council this month. "In my view,
this is an issue that thasl never
been fully answered."
Proposed fixes
Besides hiring a collection
agency, several measures have
been proposed: giving delinquent
billpayers only one shot at a pay-
ment plan; fixing broken stop -
boxes, which allow the water de=
partment to turn off water, and
increasing turn -offs.
In addition, officials are draft-
ing an ordinance that would al-
low tenants to contract for water
service even if their landlords are
in arrears. Officials are also
looking at assessing delinquent
water bills on properly taxes.
Some council members have
even talked about advance bill-
ing, much like some private utili-
ties do, although others wonder
whether that's feasible. Another
idea is to block sales of property
until water bills are paid.
A full report on the new collec-
tion strategies comes due July 18.
But nobody thinks the water-bill-
ing problems will disappear.
Council Member Alice Rain -
ville said, "Every time we set
something up, people are going
to try and figure out ways to get
around it."
And while some might be sur-
prised to see the city take a hard-
ball stand on water bills, Moir
said, "It makes perfect logical
sense to use the same collections
methods as private industry."