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cp09-08-1992 cI fIJTCH IN'30l ] CITY VIEE O -6- Sept. 6 7 0 Sept. 12 9 1992 -9- 10:00 A.M. - Directors Meetin at City Hall THURSDAY -10- 5:15 P.M. - Parks & Recreati Board - Bus Tour from Recreation Center C V1 U DA -7- 19-1 �111 X4 City Offices Closed 11CR! oQ 6:30 P.M. - Closed Special City Council Meeting (Junker) 7:30 P.M. - Regular City Council Meeting FRIDAY -11- 10:00 A.M. - Open Bids at City Hall for Letting No. 6 �° SATURDAY -12- VACATION /SEMINAR KEN MERRILL - Sept. 8 GEORGE FIELD - Sept. 8 & 9 CHUCK NELSON - Sept. 8 -15 TUESD ^Y AGENDA • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, SEPTEMBER 8, 1992 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Thor Skeie, Faith Lutheran Church 3. Consideration of Minutes Regular Meeting of August 25, 1992; Bid Openings of August 25, 1992 and August 28, 1992 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - August 1992 2. Police Commission Minutes of June 29 & August 5, 1992 3. Library Board Minutes of July 6, 1992 • 4. Hutchinson Housing & Redevelopment Authority Minutes of July 14, 1992 5. Parks & Recreation Board Minutes of July 29, 1992 Action - Motion to order report and minutes filed 5. Public Hearing - 8:00 P.M. (a) Letting No. 3, Project 92 -05 - Adams Street (T.H. 22) And Fair Avenue Action - Motion to close hearing - Motion to reject - Motion to approve 6. Communications, Requests and Petitions (a) Consideration of Request for Out -of -State Travel By Marion Graham Action - Motion to reject - Motion to approve (b) Update On Old Wastewater Treatment Facility Action - CITY COUNCIL AGENDA - SEPTEMBER 8, 1992 (c) Discussion of Hutchinson City Hall /Municipal Center Request for Proposals Action - (a) Resolution No. 9790 - Resolution For Purchase Action - Motion to reject - Motion to waive reading and adopt (b) Resolution No. 9791 - Resolution Establishing Location for Traffic Control Device Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9795 - Resolution Setting Interest Rate for 1992 Adopted Assessment Rolls Action - Motion to reject - Motion to waive reading and adopt 0 (d) Ordinance No. 92 -66 - (Amendments To Zoning Ordinance • No. 464) Action - Motion to reject - Motion to waive second reading and adopt (e) Ordinance No. 92 -67 - An Ordinance Of The City Of Hutchinson, Minnesota, Changing The Boundaries Of Election Precincts And Adopting By Reference City Code Chapter 1 And Section 2.99 Which, Among Other Things, Contain Penalty Provisions Action - Motion to reject - Motion to waive first reading and set second reading for September 22, 1992 8. Unfinished Business None 9. New Business (a) Consideration of Establishing Time, Date, And Location for Public Hearing On City's 1993 Budget And Tax Levy Action - K is CITY COUNCIL AGENDA - SEPTEMBER 8, 1992 (b) Consideration of Cross Easement Agreement Between Shopko Stores, Inc. And City of Hutchinson (Phase I - Hutchinson Downtown Redevelopment Project) (DEFERRED AUG. 25, 1992) Action - Motion to reject - Motion to approve and enter into agreement (c) Consideration of Sanitary Sewer Cleaning And Flushing Contract with City of Litchfield Action - Motion to reject - Motion to approve and enter into contract (d) Consideration of Awarding Bid for Letting No. 11, Project No. 92 -17 (Crow River Pedestrian Bridge) Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9793 (e) Consideration of Awarding Bid for Letting No. 14, Project No. 92 -20 (Downtown Life Safety Improvement) Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution no. 9794 • (f) Consideration of Revised Disadvantaged Business Enterprise Program for Hutchinson Municipal Airport Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9792 (g) Consideration of Franchise for 101 Park Place Dumpster Location Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading for September 22, 1992 (h) Consideration of MN /DOT Program to Realign T.H. 22 Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (i) Consideration of Plaza Heights Assessment Agreement with Frank Fay /Norwest Bank Action - Motion to reject - Motion to approve and enter into agreement 0 3 CITY COUNCIL AGENDA - SEPTEMBER 8, 1992 (j) Consideration of Mac's Bluff Assessment Agreement with Gary Hasse Action - Motion to reject - Motion to approve and enter into agreement (k) Consideration of Revised Police Department Policies Action - Motion to reject - Motion to approve (1) Consideration of Health And Dental Insurance Renewals Action - Motion to reject - Motion to approve (m) Consideration of Sidewalk on City Property Along South Edge of Girl Scout Park Action - (n) Consideration of Establishing Preliminary 1993 Tax Levy Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9796 (o) Consideration of Payment for Building, Relocation And • Other Expenses for Simonson's Lumber Option, Phase II Action - Motion to reject - Motion to approve 10. Miscellaneous (a) Communications from City Administrator 11. Claims. Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment 4 0 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL • TUESDAY, AUGUST 25, 1992 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen Craig Lenz, John Mlinar, Marlin Torgerson and Don Erickson. Also present: City Administrator Gary D. Plotz, City Engineer John Rodeberg, and City Attorney G. Barry Anderson (7:50 P.M) . 2. INVOCATION The invocation was given by the Reverend Richard Gross. 3. MINUTES The minutes of the regular meeting of August 11, 1992, special meetings of August 4, 7 & 17, 1992 and bid openings of August 17, 1992 were approved as distributed. LZMER;1@1 1 110ozon .9 (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. PLANNING COMMISSION MINUTES OF JULY 21, 1992 • 2. AIRPORT COMMISSION MINUTES OF JULY 27, 1992 3. HOSPITAL /NURSING HOME BOARD MINUTES OF MAY 19, 1992; JUNE 16, 1992; JULY 28, 1992 (b) REPORT OF CITY INVESTMENTS (c) APPOINTMENTS 1. POLICE CIVIL SERVICE COMMISSION - JOHN DECKER 2. PARKS & RECREATION BOARD - MICHAEL SCHALL 3. UTILITIES COMMISSION - ROGER GILMER 4. AIRPORT COMMISSION - TIM MILLER The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to order the report and minutes filed and to ratify appointments. 5. PUBLIC HEARING None. • N CITY COUNCIL MINUTES - AUGUST 25, 1992 6. COMMUNICATIONS. REQUESTS AND PETITIONS • (a) REPORT ON OLD WASTEWATER TREATMENT FACILITY BY GENE JESERITZ (AQUA FOODS) Gene Jeseritz reported a feasibility study was conducted on finding alternative uses for the facility. Two areas researched were raising fish or mushrooms in the old wastewater building. Since the one -year option to lease the facility had expired and no definite use for the facility had been determined, he would not be exercising the option to lease the building. (b) COMMUNICATION FROM EARL FITZLOFF CONCERNING SOUTH GRADE ROAD /LYNN ROAD STREET PROJECT Earl Fitzloff expressed concern about the Lynn Road traf- fic flow design and the difficulty of access to his busi- ness. He had contacted the Willmar MN /DOT office, and they were willing to work with the City to resolve the problem. Mr. Fitzloff thought the present intersection layout should be reviewed and altered at the same time the South Grade Road project was done. 7. RESOLUTIONS AND ORDINANCES • (a) ORDINANCE NO. 92 -63 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 8.09, SUBD. 2(H) AND ADDING THERETO ADDITIONAL SUBDIVISION AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAINED PENALTY PROVISIONS (SNOWMOBILE) The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to table for amendments. (b) ORDINANCE NO. 92 -64 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE SALE OF MUNICIPALLY OWNED REAL ESTATE AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to table for legal description. (c) ORDINANCE NO. 92 -65 - AN ORDINANCE TO VACATE UTILITY EASEMENT IN HUTCHINSON MALL PLAT 2 2 0 CITY COUNCIL MINUTES - AUGUST 25, 1992 • The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive second reading and adopt. (d) RESOLUTION NO. 9776 - RESOLUTION SETTING ELECTION, LOCATION OF ALL PRECINCTS (ONE, TWO & THREE) AND APPOINTING OF JUDGES FOR THE STATE PRIMARY AND GENERAL ELECTIONS The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (e) RESOLUTION NO. 9778 - RESOLUTION FOR PURCHASE The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (f) RESOLUTION NO. 9779 - RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, LETTING NO. 9, PROJECT NO. 92 -14 The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to waive reading • and adopt. (g) RESOLUTION NO. 9780 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, LETTING NO. 13, PROJECT NO. 92 -19 The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (h) RESOLUTION NO. 9788 - RESOLUTION RELEASING PLEDGED SECURITIES TO CITIZENS BANK & TRUST CO. The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive read- ing and adopt. 8. UNFINISHED BUSINESS None. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS • 3 CITY COUNCIL MINUTES - AUGUST 25, 1992 Councilman Torgerson moved to recommend service be dis- • continued on August 31 at noon unless other arrangements had been made. Motion seconded by Councilman Erickson and unanimously carried. (b) CONSIDERATION OF CROSS EASEMENT AGREEMENT BETWEEN SHOPKO STORES, INC. AND CITY OF HUTCHINSON (PHASE I - HUTCHINSON DOWNTOWN REDEVELOPMENT PROJECT) The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to defer. (c) CONSIDERATION OF AWARDING BID FOR MOTOR GRADER WITH ATTACHMENTS The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to approve and award contract to Road Machinery & Supplies Co. for a total price after trade -in of $108,093. (d) CONSIDERATION OF AWARDING BID FOR LETTING NO. 6, PROJECT NO. 92 -10 Following discussion, Councilman Lenz moved to defer. Motion seconded by Councilman Torgerson and unanimously • carried. (e) CONSIDERATION OF AWARDING BID FOR LETTING NO. 11, PROJECT NO. 92 -17 (CROW RIVER PEDESTRIAN BRIDGE) Following discussion, Councilman Lenz moved to defer. Motion seconded by Councilman Torgerson and unanimously carried. (f) CONSIDERATION OF HRA PARTICIPATION IN HOME RENTAL REHABILITATION PROGRAM Following discussion, Councilman Mlinar moved to approve and to waive reading and adopt Resolution No. 9777. Mo- tion seconded by Councilman Torgerson and unanimously carried. (g) CONSIDERATION OF AUTHORIZING COMMITTEE OF CITY COUNCIL AND STAFF TO NEGOTIATE WITH VARIOUS LANDFILLS IN AREA Following discussion, Councilman Mlinar moved to approve the appointment of John Mlinar and Marlin Torgerson to 4 0 CITY COUNCIL MINUTES - AUGUST 25, 1992 • negotiation committee. Motion seconded by Councilman Erickson and unanimously carried. (h) CONSIDERATION OF LEASE AGREEMENT WITH MINNESOTA DEPARTMENT OF PUBLIC SAFETY; DRIVER AND VEHICLE SERVICES Following discussion, Councilman Erickson moved to approve and to enter into agreement. Motion seconded by Councilman Lenz and unanimously carried. (i) CONSIDERATION OF AMENDMENTS TO ZONING ORDINANCE NO. 464 REQUESTED BY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Lenz moved to approve and to waive first reading of Ordinance No. 92 -66 and to set second reading for September 8, 1992. Motion sec- onded by Councilman Torgerson and unanimously carried. (j) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BARRY BARTON FOR STORAGE UNITS ON TEXAS AVENUE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to • approve Planning Commission recommendation and to waive reading and adopt Resolution No. 9781. Motion seconded by Councilman Mlinar and unanimously carried. (k) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF HASSE HILLS FIRST ADDITION SUBMITTED BY GARY HASSE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve Planning Commission recommendation and to waive reading and adopt Resolution No. 9782. Motion seconded by Councilman Mlinar and unanimously carried. (1) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ALLIED MECHANICAL TO MOVE TEMPORARY OFFICE SPACE ONTO PROPERTY LOCATED AT 340 MICHIGAN STREET WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve Planning Commission recommendation and to waive reading and adopt Resolution No. 9783. Motion seconded by Councilman Mlinar and unanimously carried. 0 5 CITY COUNCIL MINUTES - AUGUST 25, 1992 (m) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY AGRICULTURE ASSOCIATION TO CONSTRUCT AND MOVE BUILDINGS ON FAIRGROUNDS PLAT WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve Planning Commission recommendation and to waive reading and adopt Resolution No. 9784. Motion seconded by Councilman Mlinar and unanimously carried. (n) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF CITY OF HUTCHINSON STREET RIGHT -OF -WAY PLAT NO. 1 SUBMITTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve Planning Commission recommendation and to waive reading and adopt Resolution No. 9785. Motion seconded by Councilman Mlinar and unanimously carried. (o) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CRAIG EMERY TO MOVE MOBILE HOME INTO COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to • approve Planning Commission recommendation and to waive reading and adopt Resolution No. 9786. Motion seconded by Councilman Mlinar and unanimously carried. (p) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ALLEN BROWN TO MOVE GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, Councilman Torgerson moved to approve Planning Commission recommendation and to waive reading and adopt Resolution No. 9787. Motion seconded by Councilman Mlinar and unanimously carried. (q) CONSIDERATION OF AWARDING 1992 IMPROVEMENT BONDS Dave Maroney of Ehlers & Associates reported on the bids received and recommended award to low bidder, First Bank System (FBS). He stated the City was assigned a Baa 1 rating by Moody's Investors Service to the 1992 bonds. Following discussion, Councilman Mlinar moved to approve First Bank System and to waive reading and adopt Resolu- tion No. 9789. Motion seconded by Councilman Torgerson and unanimously carried. 6 46 CITY COUNCIL MINUTES - AUGUST 25, 1992 C � J (r) CONSIDERATION OF ESTABLISHING A TAX LEVY GUIDELINE Finance Director Kenneth B. Merrill requested the Council establish a 1993 tax levy as a guide for preparation of the 1993 budget. Following discussion, the Council left it to City staff expertise to prepare a proposed 1993 budget. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported on the status of the refuse hauling. He also commented on a joint meeting with the County regarding a joint County /City /State public works and highway facility. It was noted the Lenneman building was available for purchase. (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar inquired about continued City pickup of branches after a storm. He commented on the quantitative use of the West River camp site this season. • (c) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland mentioned a September 22 meeting of the Joint Maintenance Facility Committee and the County Com- missioners to determine the location of the building. (d) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz commented on the denial of the applica- tion for well protection funding and suggested the City Engineer reapply next year. (e) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson remarked that a no parking sign was needed on Pishney Lane between Second Avenue SW and Third Avenue SW. Engineer Rodeberg stated a Resolution would be adopted at the next meeting. (f) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg made reference to a proposed agreement for the Cash Wise project in the Hutchinson Mall Plat 2. It was the City Engineer's recommendation to wait until 1993 to complete the street project on South Grade Road • 7 CITY COUNCIL MINUTES - AUGUST 25, 1992 since Cash Wise would have access from Hwy. 15. • It was pointed out that although Northland Beverage had received a permit to spread contaminated soil, the prop- erty no longer belonged to them. Engineer Rodeberg commented on street striping and paint- ing the downtown street lights. (g) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the telephone line reloca- tion for the Festival Foods /Liquor Store project. The Mayor and City Administrator had met with the telephone company President and were assured the work would be done. The City Attorney stated the Phase II Downtown Redevelop- ment project closing was held last week, and all the documents were recorded. Upon the City Attorney's recommendation, Councilman Mlinar moved to set a special closed meeting at 6:30 P.M. on September 8, 1992, to discuss Junker litigation. Motion seconded and unanimously carried. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS • (a) VERIFIED CLAIMS The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. There being no further business, the meeting adjourned at 9:55 P.M. 8 • • 0 MINUTES BID OPENING TUESDAY, AUGUST 25, 1992 City Administrator Gary D. Plotz called the bid opening to order at 3:30 P.M. Also present were Finance Director Kenneth B. Merrill, President Steve Apfelbacher and Dave Maroney of Ehlers & Associ- ates, and Administrative Secretary Marilyn J. Swanson. The following bids were opened for a $1,955,000 General Obligation Improvement Bonds, Series 1992: Cronin & Company, Inc. FBS Investment Services, Inc. Norwest Investment Services, Inc. INTEREST RATE $660,317.71 5.4416 637,080.62 5.2501 644,525.68 5.3114 The bids were referred to the Bond Consultant for review and a recommendation at the August 25, 1992 City Council meeting. The bid opening adjourned at 3:35 P.M. W MINUTES BID OPENING • FRIDAY, AUGUST 28, 1992 Finance Director Kenneth B. Merrill called the bid opening to order at 10:00 A.M. Also present were City Engineer John Rodeberg, Director Dolf Moon, and Administrative Secretary Marilyn J. Swanson. Director Merrill read Publication No. 4420, Advertisement for Bids, Letting No. 11, Project No. 92 -17. The following bids were opened and read: Structural Specialties, Inc. $31,584.35 Hutchinson, MN Stonefield Construction 57,963.00 Willmar, MN Professional Construction Services 34,000.00 Hutchinson, MN Myron Miller Construction 38,422.00 Waterville, MN Jay Brothers 39,000.00 • Hugo, MN The bids were referred to the Engineering Department for review and a recommendation at the September 8, 1992 City Council meeting. The meeting adjourned at 10:05 A.M. 0 0 MINUTES BID OPENING FRIDAY, AUGUST 28, 1992 Finance Director Kenneth B. Merrill called the bid opening to order at 2:00 P.M. Also present were Small Cities Project Coordinator Connie Mangan and Administrative Secretary Marilyn J. Swanson. Director Merrill read Publication No. 4421, Advertisement for Bids, Letting No. 14, Project No. 92 -20, Hutchinson Downtown Life Safety Improvements. The following bids were opened and read: Quade Electric Hutchinson, MN A & B Electric Hutchinson, MN Muller - Pribyl Utilities Hamel, MN H & S Drywall, Inc. Cokato, MN Professional Const. Services Hutchinson, MN L & S Electric Springfield, MN $ 71,026.50 85,923.00 112,947.40 100,408.00 83,132.00 9,200.00 ( #6) 18,500.00 ( #5) The bids were referred to the Engineering Department for review and a recommendation at the September 8, 1992 City Council meeting. The meeting adjourned at 2:10 P.M. C�l 1 n u • I 1 �J - _, .x, w .x crosus Period In which Permite laewd IPbas. con.cl arw wron n IWM M wursar x,cival ZIP Coda) REPORT OF BUILDING OR 553 ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 357400 27 4 91+99 065 1 0 :5 9191 02730 JAMEi H%IXA iLOG OFFICIAL F'^ CITY OF HUTCHINSON If your budding permit a ysrem has changed. mark IX) appropriate box below and explelw CITY HALL 37 WASHINGTON AVE WEST M comments. HUTCHINSON RN 55350 ❑ Discontinued issuing permits ❑ Merged with another system ❑ Split into two or more aystemn ❑ Annexed land areas PLEASE COMPLETE AND MAIL ❑ Had other changes THIS FORM ON OR BEFORE SEPTERBER 4. 1952 H no permits were issued dmmg Bureau of the Canine Instructions ere included. For Ills anod, mark IX) in the box . ❑ 1201 East 1Oth 8uea further assistance, call collect andrerurn this form JeHanpne0le, IN 47132-0001 13011763 -7244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED HOUSEKEEPING Item Number of Num ,pf BUILDINGS Valuation of VNuatbn of No. Buildings Homing coin r Nomin construction Build'egs g unit. caw units Omit cent, al (b) (c) Id) bl III 1 I Single-0amily houses, detached Exclude mob,tc homes 101 Single - family houses, attached - Separated by ground to roof well, -Np units -bole or below, and - Separate hea ling system, and unlit, maters. ICouni each unit as a separate building) 102 Two - family buildings 103 Three and lour family buildings 104 Five -or more family buildings 105 TOTAL — Sum of 101 -1034 106 6 7 673,637 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLY OWNED NONHOUSEKEEPING Item Number of Number of BUILDINGS Valuation of Valuation of No Buildings Rooms Buildings Rooms cpnsuuctw Omit items construction Onet cents 1.1 lb) lot Idl 1.1 Ifl 1g1 Hotels, motels. and tourist cabins l transient accommodations only) 213 Other nonnousekeeping shelter 214 NEW PRIVATELY OWNED PUBLICLYOWNED NONRESIDENTIAL BUILDINGS IN Number Valuation of Number ru"lion of No. of construcuan of construction ugdu,gs Omit cents buildings Omit cents Ibl 10 lo) la) Amusement, social, and recreational 318 1 Churches and other net ions 315 ndusmal 320 Parking garages (buildings and open deckedl 321 Service stations and rape; garages 322 Hospitals and Institutional 323 Offices, banks, and professional 324 Public w c,ks and utilities 325 Schools and other educational 326 Stores and customer servi7es 327 Other nonresidential buildings 328 1 672 Structures other than buildings 328 ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, AND Item CONVERSIONS Number Valuation of Number Valustbn of No of constr.iw of construction bui Wlrga Omrt cents hunldings Omit earls Is) lei Id (dl I.) Residential - Classify additrons of garages and carports in rte. 038. 434 1 1 92 Nonresidential and nonhousekeeping 437 Additions of residential garages and carports lauached and detached) 438 29,862 + nnrc, LAS -c, rum -c, ml -J. PLEASE CONTINUE ON REVERSE SIDE TOTAL PERMITS 62 TOTAL VALUATION $1,510,564 // — �e (2 DEMOLI I'D NS AND PRIVATELY OWNED PUBLICLY OWNED RAZING OF Item Number of Numbsi of BUILDINGS No, Buildings Mousing Buildin sI g Housing units units In bbl Icl 101 W Single -family houses lattached and detachedl 605 Two family buildings 6e8 Three and four family buildings Ba] Five of more family buildings 608 All other buildings and siuctures 609 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT 0600,000 OR MORE Please pros ide the following Information far each permit authorising construction valued at $500.000 or more entered in sections I through IV. Item Number of Na. Descri Name end address of Owns, ship Valuation of S ec o or builder MW* INI construction Omit Housing Buildings I —IV one cents units fn nor 1.1 fell ter IN I 1 Kind of building ___ ________ __ --- _____------------- ❑hiv rte Sire address $ Kind of buildirg - - - - - -- op".r. Site rmdress S Kurd of buiM ing --------- _------------------------- ❑hwem Ste atld ass 3 Kmtl of buiMirq - _.--- __------ ___---- OPrivar. Sim adorev S Kind of brirldinp _-------- _----- _----------------- ❑Prune __ ______ _ _ ____ Sim eddr.0 3 KvM al buildng Sre address --- S Kmtl al buildirq .-- -__ - - _.- ________- ❑Prone Sits atldreae _________ __________ ]Poe" S K.q of MwMurp __ ------- ----------------- ❑Fount Ste addrua 3 iM of i ono ________________________ OPrrvete Sit. atld ma 7 Comments Are Y. awes of enY new tarmkbuYp e 0 No 0 Yee — Please rm additional information in g ive comments, luda a7 e Name of person to contact regarding this report Telephone Are. cone Number Exnimo.n Title ......�_._.__.. 61 2 587- 210 • • • 0 HUTCHINSON POLICE DEPARTMENT COMMISSION MEETING The Hutchinson Police Commission held a meeting on August 5, 1992, at 11,30 a.m. via telephone conference call. Present on the telephone line were Kathleen Skarvan, Kevin Compton and Chief Steve Madson. Chief Madson informed the commission that Chris Dellwo had contacted him and stated that he had accepted a position with another agency. Due to this occurrence the eligibility list needed to be updated to three names. A motion was made by Kathleen Skarvan, seconded by Kevin Compton, to remove Chris Dellwo from the list and add the name of David Mueller. Motion carried. A motion was then made by Kathleen Skarvan, seconded by Kevin Compton, to add the name of Christopher Salvanti to the eligibility • list after the selection process for the new officer was complete in order to have an updated list. Motion carried. With there being no further business to discuss a motion was made by Kevin Compton, seconded by Kathleen Skarvan, to adjourn the conference call meeting. Motion carried. Time of adjournment 11:35 p.m. in Compti6rA, Secretary F- I L HUTCHINSON POLICE DEPARTMENT COMMISSION MEETING • The Hutchinson Police Commission met on June 29, 1992, at 12 noon at the Hutchinson Police Department. Present at the meeting were Kathleen Skarvan and Kevin Compton. The purpose of the meeting was to finalize the eligibility list for the police patrol position. A motion was made by Kevin Compton, seconded by Kathleen Skarvan, to submit the following names to the Chief of Police for with the remaining eleven names to be eliminated from further consideration. The eligibility list is as follows Hark Belisle Chris Dellwo Troy Weigold David Mueller Christopher Salvanti Gregory Reese David Bentzen Paul Wayne With there being no further business to discuss a motion was made by Kathleen Skarvan, seconded by Kevin Compton, to adjourn the • meeting. Notion carried. Time of adjournment 12,15 p.m. C Kevin Coulfta Secretary • Hutchinson Library Board - Special Meeting Notes: July 6, 1992 • Library Board members present - Joyce Beytien Paul Berg Dolores Brunner - Secretary Larry Ladd Sharon Opatz Roy Thompson Audrey Topp Mary Henke - Librarian Board Members absent - Kristin McGraw Bill Scherer- President Craig Lenz - Council liason John Houlihan requested the meeting to explain to the Board some of the financial problems facing the PIONEERLAND Library System and also some of the long term goals of the System. Beginning with the 1993 budget, PIONEERLAND will be complying with state regulations by not contributing to the local library operating revenues. Since the • library system started it incorporated more libraries into its system, and there was no actual individual budget followed for local libraries. Consequently there was also no consistent method of evaluating or budgeting each local library. In revamping the PIONEERLAND Budget, fictional figures will be used for this year and starting in 1993 actual dollar amounts will be used to budget local libraries. Subsidies for local libraries have caused a serious drein on the reserve budget and if left in that position there would be no reserve fund. Mr. Houlihan also presented an overall view of the future work of the local library board, asking the board to meet more often and work closely with the PIONEERLAND Library Board members and the Hutchinson Librarian, Mary Henke to meet the goals of the local library. Dolores Brunner, Sec'y Hutchinson Library Board r 1 LJ 74 HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING • JULY 14, 1992 MINUTES I. CALL TO ORDER: 2:00 P.M. BOARD ROOM PARK TOWERS Chairman John Paulsen called the meeting to order. Members present - Don Erickson and Shirley Wass. Members absent - Tammy Wendlandt and Lyle Van Hale. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING JUNE 16, 1992 There being no additions or corrections, Don Erickson moved that the minutes be approved as mailed. Shirley Wass seconded and the motion carried unanimously. III. CONSIDERATION OF STATUS OF ACCOUNT FOR PARK TOWERS PROJECT AND GENERAL FUND Budget status and monthly disbursements were reviewed. Don Erickson moved that the financial statements be approved as submitted. Shirley Wass seconded and the motion carried unanimousy. The $20,000 CD matures on • July 14, 1992; rates were reviewed. Don Erickson moved that the CD be renewed for six months at 4.0% at Firstate Federal IV. SECTION 23 /PARK TOWERS PROJECT As of July 14, 1992 there are no rent receivables and there is one apartment to be filled. A new proposed lease and grievance policy was distributed to Board members who were asked to review prior to our August meeting. These policies were developed by HUD staff. The new lease will state Security Deposits will be refunded according to State law reflecting change in interest from 5.5% to 4.01 effectivel/a// grievance procedure is changed to accomodate the selection of a hearing officer who is to be approved by a majority of tenants voting in a meeting held for that purpose. 3. The position description and proposed salary range for the new On -Site Coordinator was distributed. We were chosen as one of three new sites in Minnesota for the On -Site Coordinator grant and have received funding of $15,621. After review, Shirley Wass moved to approve • the submitted position decription and salary range of $7.50 -$9.00 per hour. Don Erickson seconded and the motion carried unanimously. � - A, (�-) Page 2 HRA Regular Board Meeting, July 14, 1992 V. OTHER BUSINESS 1. There was discussion concerning implementation of our Housing Program 5 Year Plan. Don Erickson moved that John Paulsen and Jean Ward meet with Connie Mangan and Jim Bullard regarding the Housing Program implementation. 2. John Korngiebel would like to meet with us at 11:00 A.M., Thursday July 16, concerning his Farmers Home application and housing needs in Hutchinson. John Paulsen will plan to attend the meeting. VI. ADJOURNMENT There being no further business, Chairman Paulsen declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary Treasurer Cl 13 MINUTES Parks & Recreation Board July 29, 1992 • Members present were Lee Cox; Chairman, John Mlinar, Virgil Voigt and Mike Cannon. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:22 p.m. The Minutes dated May 27, 1992 were approved by a motion made by Virgil Voigt and seconded by John Mlinar. The board unanimously agreed. Old Business High School Contrac - All items have been finalized with the exception of V.M.F. Field rent. The city will receive a 24' X 24' garage from the school or $600 annually for a five year period. A decision will be made by 12/31/92. New Business Grants Dry Dock - The the City is eligible for a $5,000 grant through Community Education and the State of Minnesota. It would provide funding for motivational speakers, in addition to ongoing and new programing. Dolf will be meeting with the parties involved to review how the grant is administered. D.N.R. /S.W.C.D. - There is a grant available, and the City received a preliminary notice the City is eligible for $40,000 to do some rip - rapping along the river, the project would span over a two to three year period. Re Leaf - The City presented a proposal to the Utilities Commission. They agreed to provide $10,000 adding to the $4,000 budgeted for tree planting in 1993. The Commission is required to expend a predetermined amount of dollars to the community for energy conservation each year. The Foresty Division is applying for a matching grant of $25,000 for energy and conservation tree planting. Program Update Tournaments - There are a total of six tournaments scheduled at this time for Roberts Park this summer, it will involve a total of approximately 231 teams. Rec Programs - The board reviewed the participant numbers for the summer programs. Most of those numbers remain the same if not slightly higher than last year, along with the addition of some new programs. A new game line has been added for the convenience of participants. By dialing 234 -GAME callers will be given updated information on programs regarding cancellations and rain locations. Swimming - Despite the cool weather, there are 1,143 participants registered in the swimming program this year, down slightly from last year at this time. Bu4get 1993 - Dolf is compiling the 1993 budget. The requests will be presented to Gary Plotz; City Administrator, and Ken Merrill; Finance Director, from there the budget will be finalized by the City Council. -,1-1` -I-C -5-X Minutes Parks & Recreation Board July 29, 1992 Page two New Business Cont. Project Update Elks Park - Restrooms were installed in the shelter, donated by the Elks Lodge of Hutchinson. Masonic Park - The Masons donated $3,400 for the installation of playground equipment in the shelter area of the park. To date, the installation is complete with the exception of a roof on the structure. Oddfellows Park - A 38' X 20' sun shelter will be installed behind Super America in Oddfellows Park. There is potential for a kitchenette, electricity, water and restrooms in the shelter. It is a goal to further develop the archery range within the park. A.F.S. Park - Additional trail was developed in the park behind Happy Chef Restaurant. Jay Beytien donated two concrete benches that were installed around the memorial rock, near the foot bridge. Boy Scout Park - The signage should be installed by Labor Day. The Scouts have been helping with the landscaping and sanding, staining and assembly of the sign. Board Items Storm Damage - The City will be replacing the scoreboards at Roberts Park due to storm • damage in June. Dolf is investigating the possibility of remote controls that could be used by team managers and umpires on the field. Popcorn Wagon - The concession stand, which was located in Library Square has been removed. The new popcorn wagon will be in place as soon as the electrical service is updated and the site is prepared. The Ambassadors and Mainstreet came to an agreement regarding the annual Arts & Crafts Show. Ic _e R Schedu - The ice scheduling process has begun. The more advanced skating participants scheduled on Wednesday evenings will have some options to skate on Saturday in the 1992 -93 season. There are four "Rock on Ice" events scheduled through the Dry Dock. Arena maintenance workers will be screened carefully at the Technical College. The Parks & Recreation Department has the opportunity to provide jobs for some youth through the Heartland Program. Jobs are provided for youth that may be either economically disadvantaged or disabled. They are working for five weeks doing arena maintenance and painting picnic tables for the Parks Department. Adjournment - The meeting was adjourned at 6:30 p.m. by a motion made by J.P. Auer, seconded by Virgil Voigt; the board unanimously agreed. The next meeting will be a tour of the parks. 0 C P USLSC H EAR=NG NOTICE ADAMS STREET Letting No. 3, Project No. 92 -05 There will be a Public Hearing at the City Hall Council Chambers at 8200 p.m. on Tuesday. September 8, 1992 to discuss the schedule and design options for Adams Street (Trunk Highway 22) from Oakland Avenue to Washington Avenue. Due to the narrow width of the existing right -of -way, the prevalence of large trees directly behind the existing curb and gutter, and the Department of Transportation (HnDOT) request to construct center turn lanes, parking can not be included in the design without removing trees and purchasing additional right -of -way. The City will also need to • acquire temporary easements for sidewalk reconstruction and additional right -of -way at street intersections to meet HnDOT design requirements. This will require the employment of an appraiser, and negotiations with many of the property owners. In addition, according to state rules, HnDOT can not pay for the cost of parking lanes, therefore the City's share of the project would increase substantially if parking lanes were included, which would be reflected in higher assessment rates. Deleting the parking would result in a decrease in the assessment rates discussed at the earlier Public Hearing. The City Council would like to receive your opinions regarding the direction to take on the project. Due to these considerations, the project schedule has been revised to allow for construction in 1993. If you can not attend, or have questions you would like addressed at the Hearing, please call the City Engineer (John Rodeberg) at 587 -5151. • City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 -Printed on recycled paper - 1992 PUBLIC AVERAGE HEARINGS / City of Hutchinson /FF Letting No. 3 /Adams St (TH 22) & Fair Ave 4D /each S 600 WATER SERVICE $600 -800 /each TYPSCAZ. ASSESS! ANT RA TES ITEM RANGE (1992 Rates) AVERAGE STREET IMPROVEMENTS with Parking $34 - 40 /FF $ 38 STREET IMPROVEMENTS without Parking $17 - 20 /FF $ 19 DRIVEWAY PANEL $500 -700 /each S 600 WATER SERVICE $600 -800 /each $ 700 SANITARY SEWER SERVICE $600 -800 /each S 700 TYPSCAZ. ASSESSJ��NTS ITEM (66 front foot lot) RANGE STREET IMPROVEMENT ONLY with Parking $2,240 - $2,640 STREET IMPROVEMENT ONLY without Parking $1,120 - $1,820 UTILITY SERVICE REPLACEMENT ONLY $1,100 - $1,500 STREET IMPROVEMENTS AND SERVICES $3,340 - $4,140 STREET, SERVICES, AND DRIVEWAY PANEL $3,840 - $4,940 GENERAL SNFORMA TSON • ► The street improvement assessment is based on the cost of a typical residential street calculated on actual bid prices. A reduced rate is proposed to be utilized if parking 1s deleted. ► The STATE will pay for center 24'.of highway, street oversizing and a portion of storm sewer, curb and gutter, and restoration P. The CITY will pay for sanitary sewer and watermain lateral replacement, street parking lanes and a portion of the storm sewer and sidewalk replacement. • WILL DESIGN PROJECT AND GO OUT FOR BIDS IF APPROVED AT PUBLIC HEARING • ASSESSMENT HEARING TO BE HELD AFTER BIDS, PRIOR TO AWARD OF CONTRACT • ACTUAL ASSESSMENTS TO BE CALCULATED FOR ASSESSMENT HEARING • PAYMENT OPTIONS, Full payment without interest by October 1, 1993 Full payment with interest (from October Ist) by November 15, 1993 After November 15, 1993 the assessments are certified to tax rolls Assessment on Tax Roll, 10 years with interest, Equal Principal • Deferment available for property owners, meeting income guidelines, who are either over 65 years old or disabled. J--A After measuring uD as to where the sidewalk would come... No - family with small children would buy for fear that the excess speed used now might send a car or a semi coming trhough the front porch.. _: LO-middle aged couple nor Senior would be interested as they couln't probably stand the noise..We never open the windows to the East as we wouldn't be able to stand it either..But after 20years we can tolerate as we have gotten used to it... Would my taxes be LESS? 8.1 am sure All of ADAMS street residents wouldn't mind putting STOP &GO lights at the above menti oned intersections and then share the expenses. It would slow traffice down. 9.We all try to improve our property and everytime we do what we have already paid for once or twice seems to have to be done over.. 10.I that the hwy project now going on South of Hutch will reduce the use of this hwy ... Has any person living on HWY 22 and Adams Street • complained or written to DOT_MN4 September 6,1992 *9 o,,� �`2,34513 0 s 1 y92 Mr. John Rodeberg i City Engineer N y t A Hutchinson ° Minnesota 2 • 55150 °2 Omer Mr. Rodeberg and Council members REFERENCE to,Project 90- 05-- ConcerningDOT request to construct turn lanes on Adams Street. 1. What was the Total figure you received from DOT MN.? 2.Center Turn lanes..If Stop and go lights would slow traffic -down on Adams then maybe thats the way we should go. Place them at Washington, 2nd at. and 5th street.. This would give the drivers plenty of exito on to Adams St. plus exits off. 3. We have alley exits as NO WAY do my guests try to exit anyother way. We put in the drivie throu��ecause when my four - nephews were small we never let them play out front due to the fact that one never knew when a car would land on our front yard ... Neither I nor my Aunt Burnett have a car nor do we drive.. We'd be more than happy if you would move the Speed Limit Sign from where it is now to right in front of the only two trees we have in front of our house...But, for the way they drive it sure wouldn't make any difference as those who use it are always in a hurry. Most of the drivers who use it are most likely late for work.. Really,the shifts from HTI and i -M might bottle it uD and this is only ^.certain times of the day. 4.I could count on both hands the number of cars who come to my house to visit that have parked on the highway..They probably wouldn't have a car left. Futhur more when the County plows come through inthe winter They might have to slow down from there usual 70 -90 miles and hour and we have enough problems when the snow now flies from past my existing sidewalk...I don't feel I want my trees cut down,nor do I want the Highway broken windows. any closer to my front door as I really don't want porch As one gentlemen said 'I am glad I moved from Adams at least I don't have to pay for porch windows broken by flying Ice and snow from the plows going through.. I am sure like he said..His insurance paid for it..and this would mean most likely that mine would increase also... 5. Does the city pay for the appraiser? 6. Do I get a tax break? What kind of Rate can we expect? 7.Devaluation -- because of widening?FWhich I don't think we need) as I am NOT in favor of the additional .'parking... After measuring uD as to where the sidewalk would come... No - family with small children would buy for fear that the excess speed used now might send a car or a semi coming trhough the front porch.. _: LO-middle aged couple nor Senior would be interested as they couln't probably stand the noise..We never open the windows to the East as we wouldn't be able to stand it either..But after 20years we can tolerate as we have gotten used to it... Would my taxes be LESS? 8.1 am sure All of ADAMS street residents wouldn't mind putting STOP &GO lights at the above menti oned intersections and then share the expenses. It would slow traffice down. 9.We all try to improve our property and everytime we do what we have already paid for once or twice seems to have to be done over.. 10.I that the hwy project now going on South of Hutch will reduce the use of this hwy ... Has any person living on HWY 22 and Adams Street • complained or written to DOT_MN4 11. Granted this statement isn'tconcerned with the previous topic that being widening and parking --- BUT ?in my case to whom would .- I go should my health and medicine get worse or higher..? I work -• now just to cover my expenses.. Monthly bills -- regular ones and 4they aren't seemily going down.... If I couldn't afford the taxes... 1 wouldn't have a house to live in... 12, dace STO° and GO L1 hts at washington,2nd and Adams and 5th s sou s you eel that was enough then where do we go next.. 1 am sure 1 am not the only one who feels the speed should be reduced. This is up to the drivers... Those driving should know the rules of right sways -and who goes first being they passed the drivers test... BUT--Everyone seems to think they are first.... 'JE - -ALL I amsure don't want the HIGH'dAY ANY CLOSER TO OUR FRONT DOORS.. Thanks for taking time to consider the wishes of the Adams Street residents.... Sincerely Residents '/ a. N'or e `} IC: " -ze 'C' e {�� -� � S • Burnett Pierce i, / F L' oCr• -C� -•r is .r.('1..,�,,- �L- �...Ls G Copy taken to city hall fors Mayor caul Ackland and Bounclimembers Letter taken over AtA of Sept.8,1992 to city Hall for John Roeberg also. A I s • C M E M O R A N D U M September 3, 1992 TO: Mayor & City Council FROM: Randy DeVries, WWTP Director SUBJECT: Out -of -State Travel for Marion Graham Per City Council policy, I am requesting that Marion Graham attend the laboratory analyst certification program at Howard Johnson's in • Eau Claire, Wisconsin, on October 26, 1992. Travel will be for one day, with registration at $30.00 plus meals. I recommend approval of this travel. /mjs • City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on recycled paper - � 'A I M E M O R A N D U M September 3, 1992 TO: Mayor & City Council FROM: Randy DeVries, WWTP Director SUBJECT: Update On Old Wastewater Treatment Facility • At the August 25, 1992, City Council meeting Gene Jeseritz did not renew the contract with the City for the old wastewater treatment facility. To reduce liability at the facility, City staff believes that filling the tanks with fill will ensure this. It is hoped that in the future after the tanks are filled, the forestry department may grow trees in the tanks for City use. This appears to be the best use for this facility. /mjs • City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington S tree t (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 C 0 • • TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Discussion of Hutchinson City Hall /Municipal Center Request for Proposals (RFP) Attached is a copy of the Request for Proposals for Architectural and Engineering Services Related to Construction of the Proposed City Hall facility. The Proposal has been reviewed by the Mayor, City Administrator, and the Directors included in the building. Revisions have been made to address their concerns or recommendations. Following approval of the Request for Proposals by the City Council, we plan on sending the Proposals out to the following consulting firms: CONTACT ► The Alliance, Inc. ► Ankeny Kell Richter & Assoc. ► Armstrong Torseth Skold and Rydeen ► Bernard Jacob Architects Ltd. . Boarman Kroos Pfister & Associates ► Bonestroo Rosene Anderlick & Assoc. ► BRW ► KKE Architects • Korngiebel Architecture • Hiller - Dunwiddie Associates • SEH /Pauly Olsen Architectual • TKDA Architects - Engineers ► WOLD Architects Services Group SUBCONSULTANTS - Audio /Visual, Acoustics and Lighting • Electronic Interiors • Michaud, Cooley, Erickson & Associates • Orfield Associates <Jj> City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -2975 Fred Richter James Rydeen Bernard Jacobs Jack Boarman Bob Rosene Mark Swenson Ron Erickson John Korngiebel Craig Lau Darwin Lindahl Wes Hendrickson Michael Cox Kate O'Reilly Steve Orfield Police Department 10 Franklin Street South (612) 587 -2242 Hutchinson, Minnesota 55350 / / d . Prime f 0,1 mewled pape - 1(� — V 0 H L N U K A A L U N September 3, 1992 I 0 REQUEST FOR PROPOSALS ARCH2TECTURAL AND ENG =NEER2NG S ERvxcEs RELATED TO C ONSTRUCT =ON OF THE HUTCHINSON CITY HALL/ MUNICIPAL CENTER SUBMISSION DEADLINE: FRIDAY, OCTOBER 2, 1992 SUBMIT TOx John P. Rodeberg, Director of Engineering at Hutchinson City Hall Phone Number (612) 234 -4208 JPRIA2rC17779ALL.RFP • City Hall Parks &Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 Prin ltd on mcuc led paper- C STY OF H UTCH=NSOri 37 WASIMUION AVENUE WEST / NUTCNINSON, MTXWMTA 55350 REQ[IEST FOR PROPOSAL.�S ARCHITECTURAL AND ENGINEERING SERVICES RELATED TO CONSTRUCTION OF THE C=TY H T.T• /MUri = C =P AT. C E;mmFj I NT120DUCTION The City of Hutchinson has purchased the More 4 Grocery store in downtown Hutchinson in order to facilitate construction of a City Hall /Municipal Center. It is proposed to remodel the building following relocation of the grocery store in the spring of 1993. The City is requesting that consulting firms interested in completing the design and construction services for the new City Hall submit a proposal stating their experience, abilities and estimated cost for these services, as outlined in this Request for Proposals (RFP). The existing grocery store building has had a preliminary • structural review by a structural engineer and appears to be in very good condition. The roof and HVAC system both appear to be inadequate and will require replacement. The City has documentation and conceptual drawings related to the building which will be available to consultants at City Hall. The City of Hutchinson is located approximately 50 miles west of the Twin Cities in McLeod County. The South Fork Crow River runs through the core of the City. The population within the city is approximately 12,000, with an area population of around 18,000. The city has almost doubled in population over the last 20 years. The following Scope of Services was generated based on the needs of the community, as determined by the City Administrator, Director of Engineering, Finance Director, Building /Zoning Official and other City staff. Page 2 • SCOPE OF S ERV =CEO • The scope of the professional architecture and engineering services will be to complete the design of the proposed new facility based on existing and future space needs, building security, ergonomics, lighting and sound requirements, video presentation needs, technology transfer /computer interaction, and other applicable factors. The consultant would also complete the bidding process and construction review of the project to allow utilization of the facility by January 1, 1994. The City Planning Staff has completed a proposed floor plan layout for the building which encompasses the needs and desires of the City (attached). The consultant will be expected to work with the proposed floor plan, the Hutchinson City Hall Feasibility Study completed by SEH in 1989, and the City Planning Staff to review and revise the floor plan to meet the City's requirements. Specifically, the Scope of Services is expected to include the following items: . Coordinate with the City Planning Staff to review and revise the proposed floor plan layout. Review the Feasibility Report to reference recommendations and requests of each of the departments. ► Review and propose HVAC requirements. The City requests that • the building have separate zones for each of the building department areas, as well as special ventilation for the Copy Room. The City would favor sliding windows with screens in office areas. ► Verify the structural functionality of the building. ► Review and propose office and cubicle designs as well as furniture and fixture recommendations. ► Provide professional services for sound proofing /design and lighting design. The consultant shall be required to either provide these services themselves, or coordinate with a consultant specializing in these areas. The lighting consultant shall consider needs related to computer screen visibility, aesthetics, safety, working conditions, etc. The sound consultant shall review issues related to privacy and interaction. ► Provide professional services for video /audio presentation facilities in the Council Chambers. The services shall include review, recommendation and construction of a presentation system and public television system. The system shall be compatible with the proposed GIS system, and shall include the ability to provide permanent cameras, and screens for the Council members, staff and audience. Coordination with • Hutchinson Community Video Network (HCVN) will be required. Page 3 Review and address security issues related to staff safety and access. Some areas of the building will have limited access. It is presumed that a card control access system will be included in the final design. ► Review and address the potential for obtaining state . financing for an energy audit for the facility. ► Complete a landscaping plan that addresses energy conservation plantings and aesthetics on the City Hall lot. ► Provide plans and specifications covering the complete construction of City Hall, including the building remodeling, furniture and all other items noted in this proposal, or as requested by the City. ► Complete the bidding process and construction management of the facility. Provide the City with certification of building completion. ► All design work completed by the consultant shall be transferable to AutoCAD Release 11. The City shall be provided a copy of the final building floor layout and building plans in AutoCAD. A VA=L.AS DA-r,&, AND I wiram4AT =ON The City has data on file to assist in the development of the plan. The following is a list of some of the available information: • • Floor plans and related drawings of the existing More 4 • Feasibility Report for City Hall dated October 1989 • Proposed floor plan by the City Planning Staff • Report by structural engineer, review of grocery store • Building review material and preliminary cost estimates collected by Building Official S CIiElD T.F The tentative project schedule is as follows: RFP submittal deadline October 2, 1992 Proposal review by Planning Staff October 9, 1992 Selection of 3 finalists by City October 9, 1992 Interviews of finalists October 23, 1992 Planning Staff sends recommendation to City Council October 27, 1992 Contract Approval /Award November 10, 1992 Plan and Specification completion February 1, 1993 Open Bids March 1, 1993 Begin Construction April 1, 1993 Complete Construction November 1, 1993 • Page 4 S UBM=TTAL R EQU= The consultant shall submit ten (10) copies of the Proposal for Architectural and Engineering Services by the submission date noted on the cover. All information listed below must be included and submitted in the order requested belowt 1. Consultant's name , address, telephone number, brief history, organizational structure and primary professional disciplines. 2. Description of consultant's previous related work experience. The previous experience shall include work completed in the last two years and should emphasize services directly related to the work noted in the Scope of Services. 3. Names and resumes of personnel who will be assigned to the project. Resumes shall indicate qualifications, experience and role in previous projects, and what capacity they will serve on this project. 4. A brief description (maximum of one page) of the consultant's general approach to the project and the completion of the Scope of Services. 5. A list of the subconsultants or associates to be utilized. Indicate the role the subconsultant will play and the approximate percentage of the total services they will provide. Also include information detailing the • subconsultant's experience and personnel. 6. The estimated proposed total fees, including the type of contract for reimbursement of the preparation of the Plan. Please note the requirements for addressing deletions and additions to the Contract. 7. A maximum of one page of additional information at the consultants discretion, which may be useful in consideration of consultant selection. All information shall be submitted in a professional format. It is requested that extraneous information be excluded from the submittal. Any loose pamphlets must be attached to the submittal or located in an attached pocket. • Page 5 S ELECTION C R2TERIA The final selection of a consultant will be made by the City Council, based on the recommendation of a Planning Staff following submission of material and an interview. The evaluation criteria is proposed to be based on a point system as follows: ITEM POINTS Previous related experience Consultant 20 Specialized subconsultants 15 Proposed approach to Project 10 Capacity to perform work including staff assignment and experience 15 Location and accessibility of personnel 5 Client references 15 Estimated cost of services 20 TOTAL POINTS 100 The City reserves the right to modify the selection criteria prior to the submission deadline. If additional information is requested by the consultants prior to the submission date, the information provided will be supplied to all consultants. GENERA This Request for Proposal may be amended or modified prior to the submission deadline. The final Scope of Services, fees, and method of payment will be determined by negotiations prior to the execution of a contract for consulting engineering services. 0 Page 6 • RESOLUTION N0. 9790 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE • The Hutchinson City Council authorizes the purchase of the following: ITEM I COST I PURPOSE I DEPT.I BUDGET I VENDOR • The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR 8,000 Gallons Aviation Fuel 9,803.2 Resale Airport Yes Jayco Aviation Date Approved: September 8. 1992 Resolution submitted for Council action Motion made by: • Seconded by: by: 7 A RESOLUTION N0. 9791 RESOLUTION ESTABLISHING LOCATION • FOR TRAFFIC CONTROL DEVICE WHEREAS, the Director of Engineering and the Chief of Police have observed areas of traffic control concern which warrant traffic control devices, and; AND WHEREAS, the Hutchinson City Council has the authority to establish certain locations as points were traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the Council hereby establishes that a traffic control device known as a "No Parking" sign shall be erected on the east side of Pishney Lane between 2nd • Avenue SW and 3rd Avenue SW. 2. That the Council hereby establishes that a traffic control device known as a "Stop Sign" shall be erected at the following locations: On Church Street at Clinton Avenue (2 signs) On Clinton Avenue at Harrington Street (1 sign) On Hiller Avenue at Merrill Street (2 signs) On Milwaukee Avenue at Merrill Street (2 signs) Adopted this 8th day of September, 1992, by the City Council of Hutchinson, Minnesota. Mayor • City Administrator CITY OF HUTCHINSON • RESOLUTION NO. 9795 RESOLUTION SETTING INTEREST PATE FOR 1992 ADOPTED ASSESSMENT ROLLS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT all assessment rolls which have been adopted and will be adopted relating to 1992 improvement bonds are hereby changed to read an interest rate of 5.25 %. This rate is the net interest rate of the 1992 Improvement bonds. Adopted by the City Council this 8th day of September 1992 Paul L. Ackland Mayor ATTEST: • Gary D. Plotz City Administrator • 7 • ORDINANCE NO. 92 -66 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 464, SECTIONS 6.07, 8.03, 8.04, 8.05 AND 8.12 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 6.07, 8.03, 8.04, 8.05 and 8.12 are amended as follows: Section 6.07 - Conditional Uses B,1,(c)(4) Relocation of any structure larger than 10' x 12' Section 8.03 - Rules for Structures In Districts (3) All principal dwellings and principal structures shall be • placed on a permanent continuous Perimeter foundation in compliance with the Uniform Building Code.... Section 8.04 - Conditional Uses Move structures larger than 10' x 12' Section 8.04 - R -1 Dimensional Regulations (3) Single family house rear yards corner lots 15' Section 8.05 - Special Provision District As in R -1 district Section 8.05 - R -2 Dimensional Regulations (3) Single family house rear yards corner lots 15' Section 8.12 - C -4 Conditional Permitted Uses Storage Units Section 8.12 - C -4 Dimensional Reguirements • A. Setbacks: Accessory building setback interior lot line 6' /7-7) ORDINANCE NO. 92 -66 Page 2 SECTION 3. This ordinance shall take effect from and after its passage and publication. Adopted by the City Council this 8th day of September, 1992. Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator L • • ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTcHi NEON, MINNESOTA 55350-2563 (612) 587 -7575 FAS (612) 569 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON August 27, 1992 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Precinct Boundary Ordinance Our File No. 3188 -87031 Dear Gary: OF C01W.ZL WIT.T.TAM W. CAMERON RAYMOND C. I.ALLIER PAUL M. BEOICH CHARLES R.CARMICHAEL" 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL "HE 800 -343 -4545 FAX(612) 545 -1793 501 SOUTH FOITRTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389-5506 234 S6 ) SFD Ig99 nFrF,VED w O Now that the precinct worksheets have been completed and the official map has been drawn, I have reviewed our Ordinance to provide a more detailed description of our new precincts. I have attempted to track exactly the drawing provided to me by Bonnie. • You will note that the division between Precincts 2 and 3, along the westerly edge, gets somewhat difficult to describe because the description set forth in the ordinance follows the Crow River bank, while the line itself appears to leave the bank of the river and intersection with the westerly boundaries of the city. Since there are no homes on any islands, I don't believe the difference in the description is particularly significant. I have also included a provision that in the event of a discrepancy or conflict, the worksheets prepared by Bonnie shall control. This ordinance does not effect any changes in our boundaries and is not intended to make any changes. You might want to have Bonnie check the description as I have provided it carefully against the map and also run through the precinct worksheets again one more time to make certain there are no obvious glitches or errors. Please do not hesitate to contact me if you should have any questions. Best regards. Very truly yours, O & M ) OWE ;ar Anderson • GBA:lm Enclosure 'CERTIFIED AS A CML T8 1AI , SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA SLATE HAH ASSOCIATION DAVID B. ARNOLD BABY D. Mc DOWELL • STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. EOOE LAURA E. FRET D DAVID A. HRITEOOEMANN PAUL D. BOVE" JOSEPH M. PAIEMENT JAMES UTLEY BICRAHD B -MCOEE CATHRYN D, REBER ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARE PLACE HUTcHi NEON, MINNESOTA 55350-2563 (612) 587 -7575 FAS (612) 569 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON August 27, 1992 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Precinct Boundary Ordinance Our File No. 3188 -87031 Dear Gary: OF C01W.ZL WIT.T.TAM W. CAMERON RAYMOND C. I.ALLIER PAUL M. BEOICH CHARLES R.CARMICHAEL" 5681 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL "HE 800 -343 -4545 FAX(612) 545 -1793 501 SOUTH FOITRTH STREET PRINCETON, MINNESOTA 55371 (612) 389 -2214 FAX (612) 389-5506 234 S6 ) SFD Ig99 nFrF,VED w O Now that the precinct worksheets have been completed and the official map has been drawn, I have reviewed our Ordinance to provide a more detailed description of our new precincts. I have attempted to track exactly the drawing provided to me by Bonnie. • You will note that the division between Precincts 2 and 3, along the westerly edge, gets somewhat difficult to describe because the description set forth in the ordinance follows the Crow River bank, while the line itself appears to leave the bank of the river and intersection with the westerly boundaries of the city. Since there are no homes on any islands, I don't believe the difference in the description is particularly significant. I have also included a provision that in the event of a discrepancy or conflict, the worksheets prepared by Bonnie shall control. This ordinance does not effect any changes in our boundaries and is not intended to make any changes. You might want to have Bonnie check the description as I have provided it carefully against the map and also run through the precinct worksheets again one more time to make certain there are no obvious glitches or errors. Please do not hesitate to contact me if you should have any questions. Best regards. Very truly yours, O & M ) OWE ;ar Anderson • GBA:lm Enclosure 'CERTIFIED AS A CML T8 1AI , SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA SLATE HAH ASSOCIATION ORDINANCE NO. 92 -67 , 2ND SERIES PUBLICATION NO. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, CHANGING THE BOUNDARIES OF ELECTION PRECINCTS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. RECITALS: 1. The City of Hutchinson adopted Ordinance No. 92 -51, 2nd Series, Publication No. 4344 effective February 25, 1992, which ordinance adopted new election precincts in accordance with Minnesota Statutes §204B.14; 2. A formal map of the new election precincts has now been prepared and precinct street address range worksheets have also been prepared setting out in greater detail the new precincts; 3. The City of Hutchinson desires to more fully set out the reorganized precincts of the City of Hutchinson without changing the precinct boundaries as established by City Ordinance No. 92 -51 and accordingly, THE CITY OF HUTCHINSON ORDAINS: Section 1. Precinct 1 of the City of Hutchinson shall include • all that territory of the City of Hutchinson lying east of the centerline of Highway 15 to the intersection of Lynn Road, extended north to the intersection Lynn Road with Second Avenue S.W., thence easterly along the centerline of Second Avenue S.W. to the intersection of Second Avenue S.W. and Main Street, thence northerly along the centerline of Main Street to the intersection of Main Street and Fourth Avenue N.E., thence in a generally southeasterly direction along the centerline of Fourth Avenue N.E. to the intersection of Bluff Street and thence northeasterly along the centerline of Bluff Street to the City boundary, with all lands hereafter annexed lying east and south of the above designated ward boundary shall be included in Precinct 1. Section 2. The Second Precinct shall include all that territory of the City of Hutchinson lying north and west of the following described lines: Beginning at the intersection of Bluff Street and the city limits and continuing along the centerline of Bluff Street in a southwesterly direction to the intersection of Bluff Street and Fourth Avenue N.E. and continuing in a northwesterly direction along the centerline of Fourth Avenue N.E. to the intersection of Fourth Avenue N.E. and Main Street, thence south along the centerline of Main Street to the intersection of Main Street and Second Avenue S.W., thence west along the centerline of Second Avenue S.W. to the intersection of Second Avenue S.W. and Dale Street, thence proceeding at a 90 degree angle to the south bank of the Crow River and thence along the south bank • of the Crow River to a point intersecting with the westerly /—'et boundary of the City of Hutchinson; lands hereinafter annexed lying north and west of the above described precinct boundary shall be included in Precinct 2. Section 3. The Third Precinct shall include all that territory of the City of Hutchinson lying west and south of the following described lines: Beginning at the intersection of Highway 15 South and the city limits of the City of Hutchinson, thence along the centerline of said Highway in a northerly direction to Lynn Road and continuing along the centerline of Lynn Road to the intersection of Lynn Road and Second Avenue S.W., thence west along Second Avenue S.W. to the intersection of Second Avenue S.W. and Dale Street, thence proceeding at a 90 degree angle to the south bank of the CRow River and thence along the south bank of the Crow River to a point intersecting with the westerly boundary of the City of Hutchinson; lands hereinafter annexed lying south and west of the above described precinct boundary shall be included in Precinct 3. Section 4. Adopted and incorporated by reference herein are the precinct street address range worksheets for Precincts 1, 2, and 3 and in the event of a conflict between the descriptions set out above and the precincts as set forth in the worksheets, the worksheets shall control. Section 5. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a • Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 6. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this _ day of September, 1992. Mayor Attest: City Administrator Published in the Hutchinson Leader on First reading: Second reading: • C September 3, 1992 MEMO TO: MAYOR & CITY COUNCIL FROM: K MER FINANCE DIRECTOR SUBJEC P UBLIC HEARING B UDGE T & TA X LEVY 1993 _ We have received the attached hearing schedule from Ed Ide, McLeod County Auditor. We must schedule the hearing between November 29 and December 20. The meeting may not conflict with McLeod County, December 8 nor School District 423, December 1. The tax levy must be certified within 5 business days of December 20, 1992. • • City Hall Parks &Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - printed on recycled paper Police Department 10 Franklin Street South (612) 587 -2242 9 -A- /2l?8 P3?�3 �I ^15G9 A ILISCEIVED Date August 26, 1992 To: All City Clerks Re: Truth in Taxation Provisions for Payable 1993 Taxes In accordance with guidelines established by the Minnesota Depar,ment of Revenue, I hereby certify to your city the times and , dates for the COUNTY AND SCHOOL DISTRICTS LEVY PUBLIC HEARINGS to be as follows: Please note that if the cite council anticipates not adopting final lev amounts at the hearing, the council will have to recess the meeting and announce the time, and date for the recessed hearing at the initial meeting. Respectfully, Edward 1de, McLeod County .Auditor • q h� INITIAL HEARING RECONVENED HEARING TAXING ENTITY DATE TIME DATE TIME McLeod County Dec 8 7:00 P.M. School District 121 Dec 2 8:00 P.M. Dec 16 8:00 P.M. School District 12.) Dec ld 7:30 P.K. Dec 21 7:30 PJ ±. School District 423 Dec 1 5: OD P.N. School District 424 No•: 30 7:30 P. M. Dec 7 7: 0 P.M. School District 426 Dec 7 8:00 P.M. School District 1 26 Dec 14 7:30 P.'-I. Dec 21 7:30 P.%1. • School District 427 Dec 10 7:00 P.M. Dec 17 7:00 P. )T. School District 166 Dec 11 7:00 P.M. Dec 21 7:00 P.M. School District 736 Ncv 30 7:30 P.M. Dec 7 7:30 P.M. During vour city: council's next meeting, the council shou_d set the !� time, date, and place of your CITY'S LEVY PUBLIC HEARING. Your cit, shoe;ld then certify this information to m} office as soon as possiuie. Please note that if the cite council anticipates not adopting final lev amounts at the hearing, the council will have to recess the meeting and announce the time, and date for the recessed hearing at the initial meeting. Respectfully, Edward 1de, McLeod County .Auditor • q h� C M E M O R A N D U M September 3, 1992 TO: Mayor & City Council FROM: Randy DeVries, WWTP Director SUBJECT: Sanitary Sewer Cleaning Contract with City of Litchfield I am requesting approval of sanitary sewer cleaning and flushing • contract with the City of Litchfield. The purpose of this contract is to make sure that the City of Hutchinson's liability is covered in case our vac -tor truck is in for repair or it is inoperable. I recommend approval of the contract. /mjs . City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (6I2) 587 -2975 Hutchinson, Minnesota 55350 - printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 CITY OF LITCIMELD SANITARY SEWER CLEANING AND FLUSHING • CONTRACT Contract made this day of , 1992 , between the City of Litchfield, a municipal corporation organized under the laws of the State of Minnesota, party of the first part and the City of Hutchinson a municipal corporation organized under the laws of the State of Minnesota, party of the second pan. The parties recite and declare that: 1. That the party of the second part desires to obtain sewer cleaning and flushing service to its sanitary sewer lines at various locations within its boundaries. 2. That party of the first part is willing to furnish such sewer flushing service and cleaning to the extent and as provided by use of a Sewer Jet sanitary sewer cleaning machine under the terms and conditions of this contract. In consideration of the premises and of the mutual covenants and agreements herein • contained, and the performance thereof by the parties hereto, the parties agree as follows: Section 1. The party of the second part shall furnish the water to be used for flushing and cleaning services by either manually or automatically operated sewer flushing and cleaning apparatus being in this instance a Sewer Jet which is a high pressure sanitary sewer cleaning machine. Section 2. The party of the first part hereby agrees to furnish the Sewer Jet cleaning machine and its personnel to operate it in the manner that their judgments and conditions dictate; it being understood no warranties, express or implied are made or apply to restoring or maintaining the flow of the second parties sanitary sewer lines. Section 3. The rates for the service rendered for such sewer flushing • and cleaning purposes by the Sewer Jet machine shall be $75.00 per hour for each whole or fractional hour the machine is at the job site with a minimum fee for $150.00 to apply. Section 4. Partied of the second part do acknowledge and agree that their sanitary sewer lines are in a condition satisfactory to withstand the use of the sanitary Sewer Jet cleaning machine, and agree to save and hold harmless the party of the first part from any claim or liability which may arise from or through • the parry of the second part, and from persons, property and residences serviced by the sanitary sewer lines of the parties of the second part. Further the party of the second part agrees to indemnify the parties of the first part and its officers, agents and employees thereof against all damages, costs or expenses in law or equity, including attorney fees incurred, that may at anv time arise or result from damages to property or from personal injury by reason of or in the course of performing any work in connection with this contract. which damages or injuries are occasioned by any negligent act or omission to act on the part of the parties of the first part its servants, agents or employees in consequence of use in or about the work of any machine, article, or material supplied or installed under this contract. Section 5. After completion or cessation of the work in furnishing said services a bill will be rendered to the party of the second part showing the total for all services rendered which shall be due and payable within thirty (30) days from its date. This Contract shall become effective on proper execution thereof by the parties with the work to commence on or about the date upon which they may agree. IN WITINESS WHEREOF, the parties have executed this contract on the day and year first above written. CITY OF LITCIIFIELD By: Mayor By: City Clerk CITY O FF j✓L ^ �� ErUTCaINSON /q By: yl �(s e� — y Mayor By: A t.� , _ GT City Clerk • • 0 • • CITY OF IRln m BID TABU) ATIOK Im 110. 11 37 WMM AVM OT P)W 1D. 92-17 IflR'( @15011, 1l 55350 EUM'S OI}4118: $ 612-587-5151 C(kIPORK DATE: 11- 01-1992 BE OPFli11iG: 8 -28 -1992 AT 10:00 A.M. jum ADDRESS CITY, STATE, ZIP CODE TEiEPHOW AMOUNT SURM START DATE STRUCTURAL SPECIALTIES, INC. P.O. BOX 502 $31,584.35 Bid Bond HUTCMIINSON, MN 55350 612 -587 -6719 LEWIS ENGINEERING COMPANY 4201 NORE% DRIVE CHASKA, MN 55318 612 - 368 -3000 FAX 448 -7000 STONEFIEI CONSTRUCTION 770 NORTH BUSINESS 71, P.O. BOX 1156 57,963.00 Bid Bond WILLMAR, HN 56201 612- 235 -7530 FAX 35 -2871 RAINBOW, INC. 7324 -36TH AVE. NO. MINNEAPOLIS, MN 55427 -2087 12 -535 -4041 PROFESSIONAL CONSTRUCTION SERVICES, INC. 1110 HWY. 7 EAST 34,000.00 Bid Bond HIffCKMSON, MN 55350 612 -587 -0991 SHERYL'S CONSTRUCTION 1975 PARVEY LINE, P.O. BOX 207 FINLAYSON, MN 55735 612-233-6125 MYRON MILLER CONSTRUCTION RT. 2, P.O. BOX 41 38,422.00 Bid bond WATERVILLE, MN 56096 50 7-362-4402 JAY BROTHERS 2209 PHELPS ROAD 39,000.00 Bid Bond HUGO, MN 55038 612 -429 -4363 9--T) RESOLUTION 110. 9 7 9 3 RESOLUTION ACCEPTDE BID AND AWARDING CONTRACT Lffrrm NO. 11 PROJECT 110. 92 -17 WHEREAS, pursuant to an advertisement for bids for the improvement of Crow River Pedestrian Bridge by complete construction of abutments and wing walls, purchase of bridge, delivery of bridge, placement of bridge on abutments, restoration, all other miscellaneious work shown on the plans and included in the specifications, and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: BIDDER AMOUNT BID Structural Specialties, Hutchinson, HN $ 31,584.35 Professional Const. Services, Hutchinson, MN S 34,000.00 Myron Hiller Construction, Waterville, HN S 38,422.00 Jay Brothers, Hugo, HN S 39,000.00 Stonefield Construction, Willmar, HN $ 57,963.00 AND WHEREAS, it appears that Structural Specialties of Hutchinson, Minnesota is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: • 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Structural Specialties of Hutchinson, Minnesota, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the Director of Engineering. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the Hutchinson City Council this 8th day of September, 1992. Mayor City Administrator • M 1' ! 'A 11 C 612 -581 -5151 • r� U IB1m 10. 14 PRW 10. 92 -20 55350 81i6DWS VDQ►!6: $ te _ WORN MITE: 12 -15 -1992 OM ADQNTIY_. Q- 'XL 1001 IT 9.m D Y V 6V 4d 'a ,Y 6,VV • Is,$ N}� lfDDRE S CITY, STATE, ZIP CODE TELEPHONE AMOUNT SURETY START DATE QUADE ELECTRIC 35 -4TH AVE. NE Certified HUTCHINSON, HN 55350 $ 71,026.50 Check 612 -587 -3030 A & B ELECTRIC 755 HWY 7 NEST HUTCHINSON, MI 55350 85,923.00 Bid Bond 612 -587 -6590 HULLER- PRIBYL UTILITIES 2402 HWY. 55 HAHEL, HN 55340 112,947.40 Bid Bond 612 - 478 -6223 H & S DRYWALL, INC. P.O. BOX 417 COKATO, HN 55321 100,408.00 Bid Bond 612 - 286 -6401 HEXUH CONSTRUCTION 539 HURON ST. HUTCHINSON, HN 55350 612 -587 -7393 PROFESSIONAL CONSTRUCTION SERVICES, INC. 1110 HWY. 7 EAST HUTCHINSON, HN 55350 84,132.00 Bid Bond 612 -587 -0991 L & S ELECTRIC HWY. 14 WEST, P.O. BOX 18 SPRINGFIEID, HN 56087 9,200.00 Bid Bond (#6- Emerg. 507- 723 -6737 FAX 723-6734 18 500.00 Bid Bond 05- Electri NUESSHEIER ELECTRIC INC. 1427 NO. COMMERCE LE SUEUR, HN 56058 612- 665 -3781 JACKSON ELECTRIC 515 SO. HAIN ST., P.O. 623 WINTHROP, HN 55396 5 07-647-5742 Exit Ltg cal Work 9 -� J � RESOLUTION NO. 9794 WHEREAS, pursuant to an advertisement for bids for the "Downtown Life Safety Improvements ", bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement, BIDDER AMOUNT BID Quade Electric, Hutchinson, HN $ 71,026.50 Professional Const. Services, Hutchinson, HN $ 84,132.00 A & B Electric, Hutchinson, MN $ 85,923.00 H & S Drywall, Inc., Cokato, HN $ 100,408.00 Huller - Pribyl Utilities, Hamel, HN $ 112,947.40 AND WHEREAS, it appears that Quade Electric of Hutchinson, Minnesota is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, HINNFSSOTAi 1. The Mayor and City Administrator are hereby authorized and directed to enter into the attached contract with Quade Electric of Hutchinson, Minnesota, in the name of the City of Hutchinson, for the improvement contained herein, according to the Plans and Specifications therefor approved by the City Council and on file in the Office of the Director of Engineering. • 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the Contract. Adopted by the Hutchinson City Council this 8th day of September, 1992. Mayor City Administrator • RESOLUTION NO. 8792 • RESOLUTION APPROVING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR THE HUTCHINSON MUNICIPAL AIRPORT WHEREAS, it is the policy of the City of Hutchinson that discrimination against any person because of race, color, sex, or national origin will not be permitted, and; WHEREAS, a Disadvantaged Business Enterprise (DBE) Program is required for Federal funding for the proposed improvements at the Hutchinson Municipal Airport; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTAI • That the Disadvantaged Business Enterprise (DBE) Program for the Hutchinson Municipal Airport, dated September B, 1992, is hereby approved. Adopted this day of 1992, by the City Council of Hutchinson, Minnesota. Mayor City Administrator C 1 / F C E NTERPR =SE (DBE) P ROCRAM HUTCH2NSON MUNIC =PAL A IRPORT L J D =SADVANTAGED Bus 2NESS H UTCH=NSON f Approved: Hutchinson City Council September 8, 1992 Mayor Attestt City Administrator • City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 Printed on recycled paper - M =NNESOTA / f, DBE PROGRAM / City of Hutc�i aa^ i P OL =CY STATEMENT It is the policy of the City of Hutchinson, Minnesota to ensure that Disadvantaged Business Enterprise (DBE) programs, as defined in the requirements of the 49 CFR Part 23, have the maximum opportunity to participate in the performance of Hutchinson Municipal Airport contracts and subcontracts financed in whole or in part by Federal funds. The City's policies prohibit discrimination against any person because of race, color, sex, or national origin. The City will require its employees, agents, and contractors to adhere to the provisions of this program. This policy statement is disseminated to all city departments to organizations of disadvantaged, minority, and women businesses; and to non - minority business and community organizations known to the City D B E D =RECTORY The City of Hutchinson has compiled and will maintain and update a DBE Directory, which will supplement the current edition of the Minnesota Department of Transportation Disadvantaged Business Enterprise (DBE) Directory The DBE Directory is available to bidders and others seeking to meet DBE requirements or to locate DBE capabilities. Copies can be obtained from the Director of Engineering at the Hutchinson City Hall. The directory lists firms that are capable of performing general contracting and particular solicitations. The directory is organized by type of work the contractor desires to perform; i.e., general construction, lighting, marking, engineering, etc. The following information is shown for each firm, 1. Company Name 2. Type of Contractor 3. Address 4. Telephone Number 5. Owned by Woman, Minority, 6. Contact Person 7. Certification authority; S. Bonding Capability or other DBE e.g., City, SBA, U. S. DOT The directory will be updated periodically. In the event a bidder names other DBE's it desires to use, these firms will be included in the Directory if they can be certified. Other DBE's that desire to be listed will also be included upon request. is K The Directory will be made available to bidders and proposers in their efforts to meet the DBE goals and made a part of bid specifications. The Directory is a primary source for locating potential DBE contractors. • Sources of Information Listed below are sources of information that may be used to compile and update the directory: 1. State and local directories. 2. Organizations funded by the Minority Business Development Agency (MBDA) of the Department of Commerce (DOC). 3. Local and regional offices of the Small Business Administration. 4. National Minority Supplier Development Counsel DBE Data Bank. P ROCEDURES TO A SCERTA =N Ti-m E L =G =S =L=TY OF DBE 1 S AND J O =NT VENTURES I NVOLV=NG DBE ' S The City will certify the eligibility of DBE's and joint ventures involving DBE's that are named by competitors for FAA- assisted contracts. Certifications made by • other U.S. DOT recipients may also be accepted. Prime contractors will be required to make good faith efforts to replace a DBE subcontractor that is unable to perform the contract successfully with another DBE. Substitutions of DBE subcontractors after bid opening and during contract performance must be approved and the eligibility of the substitute firm verified by the City. Any business that desires to participate as a DBE will be required to complete and submit Schedule A (Appendix 1) . Any business that desires to participate as a joint venture DBE will, in addition, be required to complete Schedule B (Appendix 2). The schedules must be signed and notarized by the authorized representative of the business. The act of application for DBE certification does not of and by itself constitute certification by the City of Hutchinson. The required Schedule must accompany the DBE participation information submitted to the City by competitors. A firm seeking certification as a DBE will not be required to submit Schedule A or B if either of the following applies: 3 • 1. The potential DBE contractor states in writing that the same information has been submitted to or has been certified by the City, any U.S. DOT element, or other Federal agency that uses essentially the same definition and ownership and control criteria as the U.S. DOT. In this case, the potential DBE must obtain the information and certification (if made) from the other agency and submit it • to the City; or 2. The potential DBE contractor has been determined by the Small Business Administration to be owned and controlled by socially and economically disadvantaged individuals under Section 8(a) of the Small Business Act, as amended. (See page 16 regarding information that 8(a) firms are required to provide.) tote 1: lo addition to the above circumstances, a Schedule A or B is not required if a different cercificaciao process has been appro red by the U.S, Hf. In these instances, the firm must submit the information required by that process. tote 1. ?be Section 8(a) program provides disadvantaged businesses with opportunities to participate in federal covernment contracting. The Part 13 regulations incorporate the defiai ci of of a 'small business concern' contained In the Small Business Act, subject to the statutory $14 milli on cap. The regulations also incorporate the definition of 'socially and economically disadvantaged individuals* used in the Small Business Act, ercept that women are included In the definition for purposes of Part 13. UN =FORM C ERT =F =CATSON S TANDARI7S The City will take at least the following steps in determining whether a firm may be certified as a DBE: • 1. Perform an on -site visit to the offices of the firm and to any job sites on which the firm is working at the time of the eligibility investigation.' 2. Obtain the resumes or work histories of the principal owners of the firm and personally interview these individuals. 3. Analyze the ownership of stock in the firm, if it is a corporation. 4. Analyze the bonding and financial capacity of the firm. 5. Determine the work history of the firm, including contracts it has received and work it has completed. 6. Obtain or compile a list of equipment owned or available to the firm and the licenses of the firm and its key personnel to perform the work it seeks to do as part of the DBE program. 7. Obtain a statement from the firm of the type of work it prefers to perform as part of the DBE program. 4 • On -site Certification Visits* 1. When the City, at its discretion, accepts the certification of another U.S. DOT recipient, which included visits conforming to the regulations. is 2. When the City obtains the report of a site visit completed by another U.S. DOT recipient, which the City relies on. A firm applying for certification may be required to supply such report or cause the other recipient to supply it. The City will then draw its own conclusions regarding eligibility. 3. When the City recertifies a firm that it previously reviewed on -site and eligibility issues (e.g., change in ownership) have not arisen that make a second visit necessary. In the absence of such issues, an on -site visit need be conducted only once. ' Per guidance from the FAA, office and lob -site visits may be omitted from the investigation in any of the above situations. Decertification Procedures Whenever the City comes to believe that a firm with a current certification is no longer eligible, the firm will be afforded the rudiments of due process prior to revoking its eligibility. The steps to be used are: 1. A letter will be sent to the firm, stating that decertification is being contemplated. A brief description of the reasons for the proposed action will be included. • 2. The firm will be given an opportunity to respond in person and in writing to present information and arguments. An informal meeting or hearing may be part of the process, but a formal adversary proceeding will not be used. While these procedures are not a regulatory requirement, the U.S. DOT has recommended them to make the process fair and to prevent unnecessary procedural litigation. late 1: Whea a sponsor denies certification or completes a decertification, it may advise the firm that an appeal may be filed within 180 days of the decision with the office named below. An appeal mast be in writing, dated and signed, and should be made after all appeal procedures of the airport sponsor bare been exhausted. (Departmental Office of Civil Rights, Department of Transportation, 400 1tb Street Soutbwest, Washington, D.C. 10590) late 2: The IAA may disseminate to all recipients copies of the certification decisions rendered by the Departmental Office of Civil Rights (DOCK). Often, the same firm applies for Certification or is certified by more than one recipient. The decisions are in response to appeals of certification denials or so- caned 'third -party complaints' brought under 19 CPR 13.55. 5 • ybe DOCR decisions apply only tc the actions that were contested and do not bind other recipients to mate the same judgement concerning a firs '5 eligibility. Other recipie::3, wbo bare granted certification to a fin that is adversely affected by a DOCR decision, are advised to reexamine their records to detersfoe if cbe decision raises a certification issue. Bach recipient suit sate its own decision based on the record, since firms sometimes reorganise or otherwise restructure their ownership and control. dt any time that the recipient considers decertifying a firm, the 'Decertificatooa Procedures' outlined it this plan should be followed. Reference: Secticn 13.61 DBE D EF =N =T =ON To qualify for certification, a firm must meet the definition of a Disadvantaged Business Enterprise (DBE). DBE means a small business concern: 1. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and 2. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. D ETE:m4xNAT =ONS OF B US =NESS S =ZE The first step in the certification process is to make a determination of business size. If the applicant is not a "small business concern," as defined below, it will not be certified even though it may be owned and controlled by • socially and economically disadvantaged individuals and eligible in all other respects. Even a firm certified by the Small Business Administration (SBA) under the Section 8(a) program is not eligible if it is not small.* 'The O.S. DCf bas stated that the S11 million limit for small business concerns, wbicb is discussed below, applies to Section 8(a) firms. Sponsors bare the autbon ty and obligation to require a Section 8(a) firm applying for certification or recertification to submit financial figures indicating its average annual gross receipts for the three years p:ior to the date of the application. if a firm has earned gross receipts in excess of the $14 million standard, the fin must be denied certification or decertified by the sponsor, d firm that refuses to supply information to enable the sponsor to make this determination may be either denied certification or decertified by the sponsor. leitber the P.S. DOy nor a sponsor may require a Section 8(a) firm to submit other eligibility information, including any pertaining to ownership and control, or social and economic disadvantage. d sponsor who believes that the Section 8(a) status of a firm is questionable should comsunica:e the information to the Small Business ddmiaistration, which is solely empowered to grant or revoke Section 8(a) certifications. 6 1. The size standards established by the SBA in 13 CFR, Part 121, as revised on May 25, 1988, are used for making size determinations. (See Appendix 9.) These standards supersede the ones shown in Appendix B of Subpart D. 2. However, no firm is considered small if, including its affiliates, it averages annual gross receipts in excess of $14 million over the previous three fiscal years (Section 505(d)(2), Airport and Airway Improvement Act of 1982, as Amended). Thus, a general contractor must "graduate" from the program once its receipts exceed the $14 million ceiling, even though the SBA standard for general contractors is $17 million. 3. Contractors are still subject to applicable lower limits established by the SBA. For example, the SBA size limit for electrical contractors is $7 million (average of annual gross receipts for three -year period). The $7 million limit, rather than the $14 million ceiling, governs in size determinations of these contractors. 4. For AIP- funded subcontracts of $10,000 or less, a firm is small under the SBA regulations if, including its affiliates, it has no more than 500 employees. 5. For AIP- funded subcontracts over $10,000 and prime contracts, a firm is small under the SBA regulations if, including its affiliates, it meets the applicable standard in terms of average gross receipts, number of employees, or other measure. While for many of the businesses used in AIP projects, the SBA standard is measured in gross receipts, this may not always be so. For example, a manufacturer of concrete products (SIC 3272) is small if it has no more than 500 employees. If one of these businesses earns gross receipts in excess of the $14 • million cap, it would not qualify as small and hence for eligibility as a DBE, even though it may have less than 500 employees. 6. All affiliates of a firm, as well as the firm itself, are considered when determining gross receipts earned or number of persons employed. Affiliation exists if one firm controls or has the power to control the other, or a third party or parties controls or has the power to control both firms. 7. Information on gross receipts earned by an applicant is obtained from its submission of Schedule A (Appendix 1). 8. If a firm applies for certification in more than one category (e.g., general construction and special trade subcontractor), the applicable SBA standard is the one that describes the work the firm will perform under the AIP- funded contract. 9. Size determinations will be reviewed annually in connection with the recertification process. Reference: Section 23.61 7 • S OC =AL.I.Y AND E CONOM=CAL.LY D =SADVANTAGED I NnxV =DUA 1. Any person having a current Section B(a) certification from the Small Business Administration is considered to be socially and economically disadvantaged. 2. A "rebuttable presumption" will be made that individuals in the following groups who are citizens of the United States (or lawfully permanent residents) are socially and economically disadvantaged: a. Women; b. Black Americans, which includes persons having origins in any of the Black racial groups of Africa; C. Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; d. Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; e. Asian - Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U. S. Trust Territories of the Pacific, the Northern Marianas, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall • Islands, Federated States of Micronesia, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu and Nauru; and f. Asian-Indian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, Maldives Islands and Nepal. Business owners who fall into one of these groups will generally be assumed to be socially and economically disadvantaged. Their disadvantaged status will not generally be investigated, unless a third -party challenge is made. 3. Other individuals may be found to be socially and economically disadvantaged on a case -by -case basis. For example, a disabled Vietnam veteran, an Appalachian white male, or another person may claim to be disadvantaged. If such individual requests that his or her firm be certified as a DBE under the certification process, a determination will be made concerning whether the individual is socially and economically disadvantaged under the criteria in Appendix C of Subpart D. These owners must demonstrate that their disadvantaged status arose from individual circumstances, rather than by virtue of membership in a group. Reference, Section 23.69 8 C 14J%X a.F: N(1 — E P ROCEDURES Any third party may present evidence challenging whether a firm's owners who are presumed to be socially and economically disadvantaged are truly disadvantaged. Individuals certified as Section 8(a), however, are not subject to these challenges.' When a written challenge to the disadvantaged status of a business owner that is certified or seeking certification is received, a determination of social and economic disadvantage will be made. The City itself may also initiate an inquiry. The guidelines in 49 CFR 23.69 and Appendix C will be used for these actions. The procedures are informal; strict rules of evidence do not apply. While a challenge is in progress, the presumption of social and economic disadvantage continues; and if the firm has been certified, it will continue to be eligible as a DBE. 'If a challenge is wade to tte owners of a Section Sfa) fin, the sponsor should refer the information or question to the SBA for resolution, as indicated an page 16, Reference; Section 23.53 E L =G =S =L =TY S TP mnP►RDS • The City will use the following standards to determine whether a firm is owned and controlled by one or more socially and economically disadvantaged individuals. 1. Bona fide membership in a group of socially and economically disadvantaged individuals must be established on the basis of the applicant's claim that he or she is a member of such group and is so regarded by that particular disadvantaged community. However, a claim is not required to be accepted if it is determined to be invalid. Proof of ancestry alone is not conclusive evidence of membership in a group of socially and economically disadvantaged individuals. The fact that a person's grandfather or other relative belonged to one of these groups does not necessarily qualify the applicant as a member for purposes of DBE certification. If the individual has not held himself or herself out to be a member of the community of disadvantaged individuals, has not acted as a member of that community, and would not be identified by persons in the population at large as a member of the group, the individual is not considered as belonging to that disadvantaged group for purposes of DBE certification. • 9 2. An eligible DBE must be an independent business. The ownership and control by disadvantaged persons must be real, substantial, and continuing and must go beyond the pro forma ownership of the firm as reflected in its ownership documents. The disadvantaged owners must enjoy the customary incidents of ownership and must share in the risks and profits commensurate with their is ownership interests, as demonstrated by an examination of the substance rather than form of arrangements. Recognition of the business as a separate entity for tax or corporate purposes is not necessarily sufficient for recognition as a DBE. In determining whether a potential DBE is an independent business, all relevant factors will be considered, including the date the business was established, the adequacy of its resources for the work of the contract, and the degree to which financial, equipment leasing, and other relationships with non -DBE firms vary from industry practice. 3. The disadvantaged owners must also possess the power to direct or cause the direction of the management and policies of the firm and to make the day -to -day as well as major decisions on matters of management, policy, and operations. The firm must not be subject to any formal or informal restrictions which limit the customary discretion of the disadvantaged owners. There must not be restrictions through, for example, bylaw provisions, partnership agreements, or charter requirements for cumulative voting rights or otherwise that prevent the disadvantaged owners, without the cooperation or vote of any owner who is not socially and economically disadvantaged, from making a business decision of the firm. 4. If the owners of the firm who are not socially and economically disadvantaged individuals are disproportionately responsible for the operation of the firm, then the firm is not controlled by socially and economically disadvantaged individuals and is not eligible. Where the actual management of the firm is • contracted out to individuals other than the owner, the persons having the ultimate power to hire and fire the managers are considered as controlling the business. 5. All securities which constitute ownership and /or control of a corporation for purposes of establishing it as a DBE must be held directly by socially and economically disadvantaged individuals. No securities held in trust, or by any guardian for a minor, shall be considered as held by socially and economically disadvantaged individuals in determining the ownership or control of a corporation. 6. The contributions of capital or expertise by the socially and economically disadvantaged individuals to acquire their interests in the firm shall be real and substantial. Examples of insufficient contributions include a promise to contribute capital, a note payable to the firm or its owners who are not socially and economically disadvantaged, or the mere participation as an employee, rather than as a manager. 7. In addition to the above standards, special consideration is given to the following circumstances 10 0 a. Newly formed firms and firms whose ownership and /or control has changed since the date of the advertisement of the U.S. DOT- assisted contract are closely scrutinized to determine the reasons for the timing of the formation or change in the firm. b. A previous and /or continuing employer - employee relationship between or among present owners is carefully reviewed to ensure that the employee -owner has management responsibilities and capabilities, as referenced above. c. Any relationship between a DBE and a non -DBE which has an interest in the DBE is carefully reviewed to determine if the interest of the non -DBE conflicts with the requirements for ownership and control. 8. A joint venture will be certified if the DBE partner of the joint venture meets the eligibility standards, is responsible for a clearly defined portion of the work to be performed, and shares in the ownership, control, management responsibilities, risks, and profits of the joint venture. 9. A joint venture is eligible to compete in a DBE set -aside if the DBE partner of the joint venture meets the eligibility standards; the DBE partner's share in the ownership, control, management responsibilities, risks, and profits of the joint venture is at least 51 percent; and the DBE partner is responsible for a clearly defined portion of the work to be performed. 10. A business applying for certification as a DBE or as a joint venture DBE must cooperate in supplying any additional information which may be requested in order to make a determination. For example, the applicant nay be required to provide income tax statements. • 11. Safeguards will be taken to prevent disclosure to unauthorized persons about information that reasonably may be regarded as confidential business information, consistent with Federal, state, and local law. 12. Once certified, a DBE will be required to update its submission annually by submitting a new Schedule A or certifying that the Schedule A on file is still accurate. Firms are notified upon certification that a new Schedule A must be submitted whenever there is a change in the firm's ownership or control. 13. The denial of certification is final for the particular contract and any other contracts being let at the time of the denial (except when the U.S. DOT reverses the denial, following an appeal). Firms denied certification may correct deficiencies in their ownership and control and reapply for certification only for future contracts. Reference: Section 23.45(8) Section 23.64 11 • PERCENTAGE GOALS FOR THE DO T.T.AR y poL ' c F THE WORK TO BE AWARDED To DBE ' s Establishing the Overall Goal A single overall goal will be set for the use of DBE's in AIP- funded contracting, together with a description of the methodology employed in establishing it. The following guidelines apply when establishing the overall goal: 1. Make a projection of the wor to be accomplished during the goal period on all AIP- funded contracts (excludi purchases of land) and estimate the cost of the work items in each. Whenever possible, an engineer's estimate of the costs will be provided. The overall goal may cover a one -year period or may be set for a particular grant, project, or group of grants and /or projects. Whichever method is used, the goal shall be updated annually. The overall goal and the base from which the goal is calculated shall reflect both construction and nonconstruction contracts funded by the AIP. Eligible nonconstruction includes funding for architectural, engineering, planning consultants, and other professional services; purchase of vehicles and equipment (e.g., snow plows, crash /fire /rescue vehicles); and supplies. While contracts to purchase land are excluded from the goal- setting process, all • other contracts let under land acquisition projects, such as for real estate survey and appraisal, shall be included. Funds received under the AIP for work that is accomplished by the City's own employees or the employees of another public agency ( "force account ") shall be excluded from consideration. Other costs that are not contracted (e.g., for administration and advertising) will also be excluded. 2. Select the geographical area(s) to be used in seeking DBE's for the work to be accomplished Contractors shall, as a minimum, seek DBE's in the same geographical area in which they seek contractors or subcontractors generally for a given solicitation. The relevant geographical area may vary depending on the contract. For example, if general contractors are solicited in a five- county area to do a construction project, then the availability of DBE's for that project shall be based on this search in the five - county area. 12 If a larger area is used, such as statewide, to advertise for professional services, the DBE goal for these contracts shall be based on its search on a statewide basis. 3. Consult the Directory and other sources to determine the availability of DBE's in the relevant geographical areas. In addition to our own DBE directory, the directories or lists of State and local agencies, other U.S. DOT recipients, the Chamber of Commerce, the Small Business Administration, the Minority Business Development Agency of the DOC, and other listings will be used. These sources should provide a basis for determining the availability of DBE's in the relevant areas capable of performing the work of the contracts. 4. Identify potential for DBE participation Based on a review of the directories and prior accomplishments, a determination will be made of the potential for DBE participation as prime or subcontractors on the AIP- funded projects during the goal period. The following factors should be considered: a. The number and types of contracts to be awarded and the number and types of DBE's likely to be available to compete for those contracts; and b. The past results of efforts to contract with DBE's and the reasons for the high or low level of those results. The above approach provides for practical goals that are related to the known availability of qualified DBE's. • 5. Calculate the Overall Goal The overall goal will be determined by dividing the Federal share of potential awards to DBE's (dollar value) by the Federal share of all prime contract awards (dollar value) forecast for the goal period. Appendix 6 contains information on the Federal share. Overall DBE Goal Federal Share of Potential DBE Awards ($) Federal Share of All Prime Contract Awards (S) In the example in Appendix 4, the Federal share of all project costs is 90 percent and the calculation becomes: Overall DBE Goal (90%) x $125,500 - $112,950 - 13.9% (90 %) x $900,000 - $810,000 13 • If the overall goal does not represent an increase over the previous year's accomplishments, an explanation shall be provided why an increase cannot reasonably be achieved." Information will also be submitted for any additional AIP— funded work to be undertaken during the goal period for which estimates are not available at the time of program submission. Potential for DBE participation will be identified for these projects. A revised overall DBE goal will be submitted to the FAA for approval. Approval will be obtained from the FAA prior to soliciting bids for these projects. lute 1: There is Dc exact foraula that cat be readily used to establish overall percentage goals. Sponsors who propose to use a fo:wUld should ensure that the availability of DBE's and the other factors contained in the regulation have been considered. The population of the iiDoricy community is only a very gene:al guide to availability. Goals adopted by other D.S. DDT recipients or other state or local agencies in the sale geographical area lay be a useful guide when coocraccitg requirewents are siu la:, Also, the history of 11A Regional data as broken down by state and various airpo:ts can serve as an excellent reference, Tote 1: Appendix i contains additional erawples illustrating the calculation of overall and contract goals, Explanation for Failing to Meet Overall DBE Goal If the overall DBE goal is not achieved, an explanation will be submitted to the FAA stating the reasons for failing to meet the goal. Pe rcentage Goals for Dollar Value of Work Awarded to DBE's Both overall program goals and individual project goals will be set Goal determination will be based upon the number and nature of anticipated DOT assisted projects, the availability of disadvantaged contractors in the area. An overall goal of 123 Disadvantaged Business Enterprise Participation is established for the Hutchinson Municipal Airport DBE Program for the period of May 12, 1992 through December 31, 1993. This goal will be reviewed and updated periodically. 14 A Mmnws To EwstmE; THAT CoripET =TORS MAC a Goon FAxrrH EFFORTS To MEET THE DBE GO Whenever the City issues a solicitation for an FAA- assisted contract that has subcontracting possibilities, the solicitation will contain the DBE contract goal. This procedure will be followed for nonconstruction as well as construction projects. Thus, the appropriate goal will be included in Invitations for Bid (IFB) for construction work and in Requests for Proposals (REP) for architectural, engineering, and other professional services. The solicitation will include a statement that the apparent successful competitor will be required to submit DBE participation information and that as a condition of receiving the contract, the competitor must meet the DBE goal or demonstrate to the City that good faith efforts were made. The actual clause to be used is: The bidder /proposer shall make good faith efforts, as defined in Appendix A of 49 CFR, Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract 12 percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE) . In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Black Americans, Hispanic Americans, Native Americans, Asian - Pacific Americans, and Asian-Indian Americans. The apparent successful competitor will be required to submit information concerning the DBE's that will participate • in the contract. The information will include: (1) the name and address of each DBE; (2) a description of the work to be performed by each named firm; and (3) the dollar value of the work of the contract. If the bidder fails to achieve the contract goal stated herein, the bidder will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. The DBE participation information will be required prior to committing the City to award the contract to the apparent successful competitor. Note 1: If a contract goal has not been established, the clause shown should not be included in the solicitation. Note 2: If a contract goal has been established, a bidder may not meet the requirements of the bid specification by stating that all work will be accomplished by using the bidder's own employees. The bidder, first, must demonstrate to the sponsor's satisfaction that good faith efforts were made to meet the goal, and, despite those efforts, the bidder was unable to subcontract any of the work to DBE's. 15 If the contract goal specified in the solicitation is not met, the apparent successful competitor will be required to submit documentation of the efforts that were made. The City will then determine whether these were "good faith efforts." The following criteria will be used: 1. whether the contractor attended any presolicitation or prebid meetings that were scheduled by the recipient to inform DBE's of contracting and subcontracting opportunities; 2. whether the contractor advertised in general circulation, trade association, and minority -focus media concerning the subcontracting opportunities; 3. whether the contractor provided written notice to a reasonable number of specific DBE's that their interest in the contract was being solicited, in sufficient time to allow the DBE's to participate effectively; 4. Whether the contractor followed up initial solicitations of interest by contracting DBE's to determine with certainty whether the DBE's were interested; 5. whether the contractor selected portions of the work to be performed by DBE's in order to increase the likelihood of meeting the DBE goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 6. Whether the contractor provided interested DBE's with adequate information about the plans, specifications, and requirements of the contract; 7. whether the contractor negotiated in good faith with interested DBE's, not rejecting DBE's as unqualified without sound reasons based on a thorough • investigation of their capabilities; S. Whether the contractor made efforts to assist interested DBE's in obtaining bonding, lines of credit, or insurance required by the City or contractor; and 9. whether the contractor effectively used the services of available minority community organizations; minority contractors groups; local, state, and Federal minority business assistance offices, and other organizations that provide assistance in the recruitment and placement of DBE's. The following points apply to good faith effort determinations: 1. Good faith efforts are those that could reasonably be expected to result in goal attainment by a bidder who aggressively and actively seeks to obtain DBE participation. 2. The above list of nine efforts are recommended by the U.S. DOT as ones that bidders /proposers may make to obtain DBE participation. It does not represent a mandatory checklist of required actions; no one or combination is required in all cases. 3. The list above is not intended to be exhaustive; other factors or efforts may be relevant in appropriate instances. 16 4. The quantity and intensity of the efforts will be examined as well as the type of actions taken. Efforts that are merely pro forma are not sufficient, even though they may be sincerely motivated. 0 Alternative Requirements If other requirements of equal or.greater effectiveness are desired in lieu of good faith efforts, the FAA will be notified by letter of the content of those requirements prior to contract award. In the event that FAA does not approve of the alternative requirements, the good faith efforts may be required as described above. Conclusive Presumption When 49 CFR, Part 23, was published by the U.S. DOT in 1980 (45 Fed. Reg. 21172, March 31, 1980), Sections 23.45(h) and (i) established a conclusive presumption to be used in the award of U.S. DOT- assisted contracts. Under these provisions, the recipient presumed conclusively that if one bidder met the MBE contract goals and offered a reasonable price, bidders that did not meet the goals had not exerted sufficient reasonable efforts and hence were ineligible to receive the contract. For example, if the low bidder failed to meet the goals, the recipient was required to award the contract to another bidder that had, provided that the price was reasonable. An amendment to Part 23 published on April 27, 1981 (46 Fed. Reg. 23457), replaced the conclusive presumption with the current provisions that are • illustrated above which allow the low bidder to receive the contract if the goal is met or satisfies the recipient that good faith efforts were made. When the amendment was published, the U.S. DOT stated that recipients may use the mechanism of the original Sections 23.45(h) and (i) or another system of their choice, provided that it is as or more effective than the good faith efforts. Thus, sponsors who wish to use the conclusive presumption approach may do so without obtaining approval from the FAA. Appendix 8 contains the original Sections 23.45(h) and (i). 17 0 • RESOLUTION NO. 9797 RESOLUTION REQUESTING PROMAW31G OF TRUNK HIGHWAY 22 BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the Hutchinson Area Task Force, which included representation from the City of Hutchinson, McLeod County, Mid - Minnesota Development Commission, and the Minnesota Department of Transportation, recommended relocation of Trunk Highway 22 along the east side of Hutchinson, and; WHEREAS, construction of County State Aid Highway 8 will be completed in 1993, providing a south fringe road for the City of Hutchinson, and; WHEREAS, the realigned Trunk Highway 22 is proposed to connect to the fringe road system and be the eastern leg of the route, and; WHEREAS, existing vehicle traffic in downtown Hutchinson, both on Trunk Highway 15 and Trunk Highway 22, is continuing to increase at a significant pace, creating safety concerns and traffic impediments, and; WHEREAS, existing large vehicle and truck traffic currently have no reasonable alternative route to avoid utilizing congested routes through downtown Hutchinson; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF • HUTCHINSON, MINNESOTA; 1. The City requests that the Minnesota Department of Transportation program this section of highway reconstruction as soon as possible to address concerns in downtown Hutchinson and northwestern McLeod County. 2. Due to rapidly encroaching development in the City and County in this area, the City requests that the platting process commence immediately, prior to construction funding, to protect the proposed route for future construction. Adopted this Sth day of September, 1992, by the City Council of Hutchinson, Minnesota. Mayor City Administrator r1 LJ 0 • THIS AGREEMENT, is made the day and year set forth in this agreement, by and between the City of Hutchinson, Minnesota, State of Minnesota, hereinafter referred to as the City, and Norwest Bank Minnesota, National Association, State of Minnesota, hereinafter referred to as the Owner. In consideration of action by the City Council, at the owner's request, to cause construction and reassessment of sanitary sewer main and services, watermain and services, storm sewer, grading, concrete curb and gutter, gravel base, bituminous base and surfacing and appurtenances for the following parcel, the noted assessments for the following assessment rolls shall be annulled and reassessedc SA -122 SA -240 PID (1981) (1988) 12- 116 -30 -02 -0040 $ 31,450.33 $ 48,964.97 The Owner hereby verifies that it is the sole owner of the parcel referenced above. The Owner hereby agrees that all current assessments to the above referenced parcel shall be annulled, and that these assessments shall be reassessed based on the principal amount of the original assessment adjusted to present day costs by the ENR (Engineering News Record construction cost ratio), as noted below. The assessments shall be deferred until the parcels are sold or developed. At that time the principal amount for the prorated share of the sold or developed property shall be adjusted to the present day cost by the ENR and be due and payable. The Owner has the option of assuming the new assessments for a seven year period at an interest rate of 7 %. 1992 Cost Calculation SA -122 ENR (1981 to 1992) - 5032/3533 - 1.424 1992 COST IS $ 31,450.33 x 1.424 - $ 44,785.27 SA -240 ENR (1988 to 1992) - 5032/4519 - 1.114 1992 COST IS $ 48,964.97 x 1.114 - $ 54,546.98 TOTAL $ 99,332.25 • Owner expressly waives objection to any irregularity with regard to said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with the rights to appeal in the courts. 92 Page 2 In testimony, whereof, the National and has of hereunto 1992. Norwest Bank Minnesota, set his hand, on 0 • Association, SIGNATURES In presence of 91 AGREEI�tEN7' OF ASSESSMEIV'l' • AND WASVER OF Sl2l2EGUZ.ARSTY AND APPF..�a r. OF 14EASSESSMENT THIS AGREEMENT, is made the day and year set forth in this agreement, by and between the City of Hutchinson, Minnesota, State of Minnesota, hereinafter referred to as the City, and Norwest Bank Minnesota, National Association, State of Minnesota, hereinafter referred to as the Owner. In consideration of action of the City Council, at the owner's request, to cause construction and reassessment of sanitary sewer main and services, watermain and services, storm sewer, grading, concrete curb and gutter, gravel base, bituminous base and surfacing and appurtenances for the following described parcels, PID Lot Block Subdivision 12- 116- 30 -02- 0220 1 3 Plaza Heights 0230 2 3 " 0240 3 3 " 0250 4 3 " 0260 1 4 " 0270 2 4 " 0280 3 4 " 0290 4 4 " 0300 5 4 " 0310 6 4 " • 0320 7 4 0330 8 4 " 0340 9 4 " 0350 10 4 " 0360 1 5 " 0370 2 5 " 0380 3 5 " 0390 4 5 " 0400 1 6 " 0410 2 6 " 0420 3 6 " 0430 4 6 Plaza Heights This agreement covers Assessment Roll numbers SA -228, SA -240, SA- 251, SA -243A, SA -272 and the assessment amounts noted on the attachment. The Owner hereby verifies that it is the sole owner of all parcels referenced above. The Owner hereby agrees that all current assessments to the above referenced parcels shall be annulled, and that these assessments shall be reassessed based on the principal amount of the original assessment adjusted to present day costs by the ENR (Engineering News Record construction cost ratio). This amount is hereby agreed to be $ 253,301.97. It is agreed and • understood that the assessments shall be reassessed at a rate of $ 11,513.73 to each of the 22 lots for a 7 year period at an interest rate of 7% starting in 1993. 91 Page 2 Agreement of Assessment Annulment and Waiver of Irregularity and Appeal for Plaza Heights /Norwest Bank Minnesota, N.A. owner expressly waives objection to any irregularity with regard to said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with the rights to appeal in the courts. In testimony, whereof, _ the National Association, has SIGNATURE: In presence of and of hereunto 1992. Norwest Bank Minnesota, set his hand, on • 0 • 91 AGAFF' 'NT OF ASSESSJ��NT AN217iJ1./'�NT RAID hrASVER OF SRREGlJ1.�lRSTY AND APPEAL OF RF.A�4SESSMEIN4 for BANK MSNNESOTA N R PM SA -228 SA -240 SA -243 SA -251 SA -243A SA -272 12- 116- 30 -02- Lot Block (1987) (1988) (1988) (1989) (1989) (1991) TOTAL 0220 1 3 $ 773.85 $ 5,632.70 $ 507.96 $ 178.56 $ 7,093.07 0230 2 3 $ 773.85 $ 5,632.70 S 507.96 $ 178.56 S 7,093.07 0240 3 3 $ 773.85 $ 5,632.70 $ 507.96 $ 178.56 $ 7,093.07 0250 4 3 $ 773.85 $ 5,632.70 $ 507.96 $ 178.56 $ 7,093.07 0260 1 4 $ 6,465.67 S 5,496.75 $ 507.96 $ 603.43 $ 1,577.08 $ 14,650.89 0270 2 4 $ 6,465.67 $ 5,496.75 $ 507.96 $ 603.43 $ 1,577.08 $ 14,650.89 0280 3 4 $ 6,465.67 $ 5,496.75 $ 507.96 $ 603.43 $ 1,577.08 $ 14,650.89 0290 4 4 $ 6,465.67 $ 5,496.75 S 507.96 $ 603.43 $ 1,577.08 $ 14,650.89 0300 5 4 $ 6,465.67 S 5,496.75 $ 507.96 $ 603.43 $ 1,577.08 $ 14,650.89 0310 6 4 $ 773.85 $ 5,496.75 S 507.96 $ 178.56 $ 6,957.12 0320 7 4 $ 773.85 $ 5,496.75 $ 507.96 $ 178.56 $ 6,957.12 0330 8 4 $ 773.85 $ 5,496.75 $ 507.96 $ 178.56 $ 6,957.12 0340 9 4 $ 773.85 $ 5,496.75 $ 507.96 $ 178.56 $ 6,957.12 0350 10 4 $ 773.85 $ 5,496.75 $ 507.96 $ 178.56 S 6,957.12 0360 1 5 S 773.85 $ 8,968.08 $ 507.96. $ 178.56 $ 1,902.60 $ 12,331.05 0370 2 5 $ 773.85 $ 8,968.08 $ 507.96 $ 178.56 $ 1,902.60 $ 12,331.05 0380 3 5 S 773.85 $ 8,968.08 $ 507.96 $ 178.56 $ 1,902.60 $ 12,331.05 0390 4 5 $ 773.85 $ 8,968.08 S 507.96 $ 178.56 $ 1,902.60 S 12,331.05 0400 1 6 $ 773.85 $ 7,059.99 $ 507.96 S 178.56 $ 1,902.60 $ 10,422.96 0410 2 6 $ 773.85 $ 7,059.99 $ 507.96 $ 178.56 $ 1,902.60 $ 10,422.96 0420 3 6 $ 773.85 $ 7,059.99 $ 507.96 $ 178.56 $ 1,902.60 $ 10,422.96 0430 4 6 S 773.85 $ 7,059.99 $ 507.96 $ 178.56 $ 1,902.60 $ 10,422.96 TOTAL 22 lots $45,483.80 $141,610.58 $11,175.12 $ 6,052.67 $ 7,885.40 $15,220.80 $227,428.37 TOTAL (1992 Coat) $51,033.47 $157,754.19 $12,449.08 $ 6,609.52 $ 8,610.86 $15,844.85 $253,301.97 MM (Engineering !News Record Construction Cost) RATIOS: 1992 PER LOT COST 1987 to 1992 5032/4400 - 1.144 $ 253,301.97/22 lots 1988 to 1992 5032/4519 - 1.114 $ 11,513.73/lot 1989 to 1992 5032/4606 - 1.092 1991 to 1992 5032/4835 - 1.041 MEMORANDUM • TO: FROM: DATE: RE: • • Gary Plotz, City Administrat r Steve Madson, Chief of Polic September 3, 1992 Domestic Violence W Attached herewith please find a copy of Hutchinson Police Department Directive P441. This directive has been developed in response to legislative mandates as enacted during the last session of the Minnesota State legislature. The directive incorporates the purpose, policy, and procedural elements which addresses the police departments response to domestic calls and domestic violence. Please place this directive on the city council agenda for approval by the city council so that final implementation may be effected. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /lkg 92 -02 -0026 CC: G. Barry Anderson 9�' • PROCEDURES Subject: Dosestic Ca1110osestic Violence Directive: PAW I � I I I I Date Issued 090112 Date Effective: 09/01/92 Supersedes: Ruder of Pages: 9 P441.O1 Purpose The principal purpose of this policy is to establish guidelines and procedures to be followed by peace officers in law enforcement's response to domestic violence. Additionally this policy intends: 1. to prevent future incidents of domestic violence by establishing arrest rather than mediation as the preferred means of law enforcement response to domestic violence; 2. to afford maximum protection and support to victims of domestic violence through a coordinated program of law enforcement and victim assistance; 3. to oversee that the same law enforcement services are available in domestic violence cases as they are in other criminal cases; • 4. to reaffirm the peace officers' authority and responsibility to make arrest decisions in accordance with established probable cause standards; 5. to promote peace officer safety by providing information so that they are as fully prepared as possible to respond to domestic calls; 6. to complement and coordinate efforts undertaken with the development of domestic abuse prosecution plans so that law enforcement, prosecution and advocacy will be more efficient and successful, and 7, to promote the accountability of law enforcement to the public in responding to domestic violence. 8. to document allegations of domestic violence so there can be meaningful prosecution and delivery of victim services. P441.O2 Policy The city of Hutchinson and its police department recognizes domestic violence as those cases where there is conflict between people who have a blood relationship, or have or had a dating relationship, or legal family relationship. It is the policy of this agency to protect • victims of domestic violence by making an arrest whenever it is authorized and for its peace officers to have complete understanding of the law governing this area. Peace officers will utilize this policy in response to calls where there may be domestic violence. It is the intent of this policy to prescribe courses of action which peace officers should take in response to a domestic call. This agency will aggressively enforce these laws without bias and prejudice based on race, sexual orientation, social class, age, disability, gender, religion, creed, or natural origin. P441.03 Definitions 1. Domestic Abuse Intervention Program means a public or private intervention project which provides support and assistance to the victims of domestic violence. 2. Domestic Call means a request for assistance to a law enforcement agency in response to conflict between people who have a blood relation or who have or had a dating relationship or legal family relationships between two household members and which may involve domestic violence. P441.04 Dispatching the Calls • 1. Receiving the Domestic Call Upon receiving a domestic call, the dispatcher will assign the • call a high priority. Also, whenever possible the dispatcher will assign at least two officers to a domestic call. In the event that only one officer is available, reasonable efforts should be made to assign a back -up unit. 2. Information to Obtain The dispatcher receiving a domestic call should attempt to elicit from the caller and should communicate to the responding peace officer as much of the following information as possible. a. The nature of the incident b. The address of the incident, including apartment number, etc. C. A telephone number where the caller can be called back d. Whether weapons are involved or present in the dwelling e. Whether an ambulance is needed f. Whether there is an order for protection g. Whether children are present at the scene h. Whether there are non - English speaking people, or people with mobility impairments or hearing impairments i. Whether there has been prior violence or prior calls involving these individuals 40 j. Information about the suspect: including whether the suspect is present, description, direction of flight, mode • of travel, etc. If the caller is the victim, the dispatcher should attempt to keep the caller on the telephone as long as possible and should tell the caller that help is on the way, and when the caller can expect police to arrive. If the caller is a witness to a domestic indicent in progress, the dispatcher should keep the caller on the phone and should relay ongoing information provided by the caller to the responding peace officers. If the responding peace officers are some distance away, and the dispatcher cannot remain on the telephone with the caller /victim, the dispatcher should call back every few minutes to check on the progress of events, and call again when the officer arrives at the scene. If the dispatcher finds that a victim /caller who was recently available suddenly can't be reached by phone or there is a persistent busy signal, the dispatcher should relay that information to the officer. P441.05 Responding to the Calls 1. Driving to the scene - The police officer should respond as soon as possible and without unreasonable delay to the scene of a • domestic violence. 2. Initial contact with occupants - The responding officer should identify him /herself as a police officer, explain his /her presence, and request entry into the home. The officer should ask to see the person who is the subject of the call. If the person who called the law enforcement agency is someone other than the subject of the call, the officer should not reveal the caller's name. The officer should request permission to enter the premises and conduct a search relevant to the incident if consent has been given to do so. The officer should check the premises to make sure all of the occupants are safe. 3. Refused Entry - If refused entry, the officer should be persistent about seeing and speaking alone with the subject of the call. If access to the subject is refused, the officer should request the dispatcher to contact the caller if the caller is the subject of the call. If access is still refused and the officer has reason to believe that someone is in eminent danger, the officer is permitted to force entry. If the officer is refused entry and has no reason to force entry, • the officer should contact the supervisor and request a warrant. If the officer is not able to obtain any entry, the supervisor will designate an officer or the dispatcher to call back or go back to the scene within an hour to check on the well -being of • the persons at the scene of the domestic call. 4. First Aid - After gaining control of the scene, the responding peace officers shall provide the necessary first aid. P441.06 Arrests 1. Domestic Violence Arrest When the peace officer has probable cause to believe that the person within the preceding four hours has assaulted, threatened with a dangerous weapon, or placed in fear of immediate bodily harm the person's spouse, former spouse, or other person with whom the person resides or has formerly resided. The peace officer may arrest even though the assault did not take place in the presence of the peace officer (Minn. Stat. Section 629.341). Note: When determining probable cause, the peace officers should consider their observations and any statements by parties involved and any witnesses. 2. Probable Cause Felony Arrests At a domestic call, peace officers shall also investigate for the elements of assaults in the third degree, Minn. Stat. Section 609.223, second degree, Minn. Stat. Section 609.222, and first . degree, Minn. Stat. Section 609.221, and the crime of terroristic threats, Minn. Stat. Section 609.713, and any other felonious crimes that may have occurred during the commission of domestic call, and shall make a probable cause arrest when the elements are present. 3. Primary Aggressor and Dual Arrests Where there are allegations that each party assaulted the other, officers shall not make a dual arrest unless the officers conclude that neither party is the primary aggressor based on the following criteria: a. The comparative extent of any injuries inflicted. b. Existence of fear of physical injury because of threats that were made. C. The reality of the feeling of fear because of physical stature of the parties involved. d. Who initiated first contact of a physical nature. e. The history of domestic violence perpetrated by one party against the other. • c. Gross Misdemeanor Domestic Assault & Order for Protection Arrests is Minn. Stat. Section 609.224 Subd. 2, assault in the fifth degree, provides for an enhanced gross misdemeanor violation when the offense is against the same victim within five years of a previous conviction. Minn. Stat. 518B.01 Subd. 2 provides for a gross misdemeanor offense when the assault is perpetrated against a family or household member. Note: Peace officers should be aware of the definition of "family or household members," pursuant to Minn. Stat Section 518B.01, Subd. 1 (b). Pursuant to the same statute, Subd. 14 provides that a person who violates an Order for Protection within two years after a previous conviction of the same offense is guilty of gross misdemeanor. P441.07 Weapons and the Collection of Evidence at the Scene 1. Weapons Whenever possible and permissible by law, weapons at the scene of a domestic call should be taken by the peace officer. 2. Evidence Collection • An officer shall be designated to collect physical evidence, and to take photographs and statements. Additionally, if the alleged crime involves an assault, an officer will be designated to meet with the victim within 48 hours following the domestic call in order to obtain any additional evidence including photographs. P441.08 Assistance, Staying at the Scene, Rights, Services 1. Staving at the Scene If an arrest does not occur, the peace officer should remain at the scene of the disturbance until they believe that the likelihood of immediate and imminent violence has been eliminated. Note: Statutes provides that when a peace officer does not make an arrest the peace officer must provide immediate assistance to the victim including obtaining necessary medical treatment and providing the victim with the notice of rights pursuant to Minn. Stat. Section 629.341, Subd. 3. If a domestic abuse intervention program is available, a peace officer should make contact for immediate intervention. 2. Assistance to Non - English Speaking Victims or Victims with Communication Disabilities L ] f. Existence or previous existence of orders for protection. 4. Misdemeanor Arrests At a domestic call, the officer shall consider an arrest for • misdemeanor or gross misdemeanors including but not limited to trespassing, criminal damage to property, disorderly conduct or assault. Note: An officer may make these arrests if the offenses where committed in the presence of the officer or a citizen may make an arrest if the offense was committed in the presence of the citizen. 5. Court Orders a. Order for Protection A peace officer shall arrest and take into custody without a warrant, a person whom the peace officer has probable cause to believe has violated an order granted pursuant to Minn. Stat. Section 518B.01 restraining the person or excluding the person from the residence, or the petitioner's place of employment, even if the violation of the order did not take place in the presence of the peace officer. Peace officers must confirm the existence, current validity, and provision of these orders prior to enforcement action. A peace officer should exercise sound judgements in developing probable cause, based on provable • facts in support of an arrest for a violation allegedly committed not in the peace officer's presence. Note: State statute requires an arrest regardless of whether or not the excluded party was invited back to the residence. The four hour time limit in an arrest for domestic assault pursuant to Minn. Stat. Section 629.341 does not apply for a violation of an Order for Protection. If there is evidence that an individual has violated another provision of an Order for Protection, a police report should be filed recommending that a criminal complaint be issued. b. Harassment Restraining Order A peace officer shall arrest and take into custody a person when the peace officer has probable cause to believe the person has violated a harassment restraining order pursuant to Minn. Stat. Section 609.748. Note: Peace officers must confirm the existence, current validity, and provision of these orders prior to enforcement action. A violation of this type of order is a misdemeanor offense. • The peace officer shall use the resource list established by this agency to contact a person to assist in those cases where the • participants in the domestic call, including the witnesses, are non - English speaking, is hearing- impaired, or has other communication disabilities. The officer shall avoid the use of friends, family or neighbors who shall serve as the primary interpreter for the investigation. 3. Victims Rights The peace officer shall tell the victim of the legal rights and remedies available. The officer shall give the victim their legal rights and services card as set forth in Minn. Stat. Section 629.341, subd. 3. Note: These cards are available from the Minnesota Department of Corrections. 4. Services The peace officer shall contact the local Domestic Abuse Intervention Program by phone as soon as possible on all arrest situations. P441.09 Children 1. Children at the Scene If a child is present at the scene of a domestic violence, the • officer should determine whether the child has been assaulted or abused. In making this determination, the officer should evaluate according to the following: a. Any marks or injuries on the child; his /her physical condition b. The comfort level of the child with the parents or other adults present, and the officer C. The demeanor of the adults who are present d. Talk to the child, if possible e. Interview any other witnesses that can be identified If the victim is a minor child, the officer shall arrest the assailant upon probable cause to believe that a crime has been committed and should make a report to child protective services, as required by law. If the child has been physically injured, the officer should escort the child to the nearest hospital for treatment and contact child protective services. 2. Parents No Longer Providing Care • If the legal parent or guardian of the child can no longer provide care (as for example, when the victim is hospitalized), the peace officer must establish who the legal parent or guardian is. If possible, the officer should consult with the legal guardian on determining the disposition of the child and should follow the request for the child. If the peace officer is unable to determine the legal parent or guardian of the child or this person is unable to direct the peace officer on the placement of the child the peace officer should take the child to temporary custody in accordance with Minn. Stat. Section 260. P441.10 Reports and Forms 1. Incident Report Peace officers shall file an incident report after responding to all domestic calls. a. Names, addresses, and phone numbers of the victim, the accused, any witnesses, and the caller. b. A second permanent address and telephone number for the victim (such as a close family member or friend). C. A statement of the relationship between the victim and the accused. d. Allegations of any previous convictions. e. A narrative for the incident (including the date, time and whether the accused appeared intoxicated or under the influence of a controlled substance). f. What, if any, weapons were used or threatened to be used. g. A description of any injuries observed by the officer. h. A description of any injuries described by the victim but not observed by the officer and an indication that the injury was not observed. i. Documentation of any evidence that would tend to establish that a crime was committed. j. If the officer did not arrest or seek an arrest warrant even though arrest was authorized, a detailed explanation of the reasons for the officer's decision not to arrest. k. The names and ages of any children present in the household; their address and phone number if children were relocated. is C] 1. Notation of previous incidents of which the officer is personally aware. 0 M. If an officer was injured in the incident, the nature and circumstances of the injury. 0 2. Arrest Report In the case where an arrest is made, an arrest report should be completed and included with incident report. 3. Services Department of Corrections Law Enforcement Data Collection Form A peace officer is require by Minn. Stat. Section 241.661 to complete the Department of Corrections' Domestic Abuse Cases Law Enforcement Data Collection Form. 4. Victim Resource Directory (HPD -62) Whether or not an arrest is made deliver this form to the victim. 5. Crime Victim Reparations Board If assailant is charged with a felony or gross misdemeanor, deliver information and claim form to victim regarding crime victims reparation. is E r September 3, 1992 MEMO TO: MAYOR 8 CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: HEALTH 8 DENTAL INSURANCE RENEWALS Dennis Potter, Insurance Planner Agency, and Mark Flaten, American Risk Services, will be on hand to discuss the renewal of our health and dental insurance. Attached are copies of renewal quotes prepared by Mark Flaten for our health and dental programs which renew September 1. The proposal show a 5% rate adjustment for dental insurance and 14% rate increase for health insurance. • City Hall Parks &Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Prin led on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 f1-1-- American Risk Services, Inc. August 31, 1992 VIA FAX 1434 -4240 Mr. Ken Merrill Finance Director City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Re: 9- 1.92/93 Benefit Rates Dear Ken: �}E i T Ft - I- �SJR/�Mck Tel: (612) 559.7300 Fax: (612) 559.7640 Enclosed please find the revised recommended funding level for the period 9 -1 -92/93 based upon the changes indicated in the Plan of Benefits schedule dated August 5, 1992. Blue Cross/Blue Shield allowed a 5.5% reduction in the specific and the aggregate attachmentpoint rates based upon the revised schedule. This includes PCs drug co -pay of $7.00 for formulary and $10.00 for non - formulary. If you increase the PCs co-pay to $10.00 and $15.00 there would be an additional 13% reduction. Based upon my calculations, the recommended funding level for the 9 -1 -92/93 should be: Single $17531 Family $39234 I have enclosed a worksheet for your review. Should you have any questions on this matter, please do not hesitate to contact me. Best Regards Sincerely, Mark T. Flaten President MTF /jaa/chbr Enclosure CC: Dennis Potter Insurance Planners VIA FAX 1. 587.0808 3a Y/ PO 9 X87, my Cf =4 , Risk Management Employee Benefits Consultants Northwest Business Campus 3033 Campus Drive, Suite A418 Minneapolls,MN 55441.2620 • • • 31- Aug-92 Total Court (A +D) 172 Annual Cosh Single Family Total 3,072.00 City of Humhlaaan 16,128.00 I,f / 0.00 0.00 Health Care Coat Projections 0.00 0.00 4,225.74 41,90246 46,128.40 9/1192 -93 (A) (B) (C) (D) 272.363.58 Medical Weighting Weightod $100 Ded. 90120 Next $2000 Single Family Factor Family • Select Care (BsC) Inventor, 16 68 2.30 156 Single Family Annual Rue for Expecred Louea 129.96 303.22 Rate for Aggregate Stop Lora 162.32 379.03 Expected Losses 24,932.76 247,430.82 272,363.58 Aggregate Stop Lou Attachment 31,165.95 309,288,52 340,454.47 Adrumistrarion Fee 16.00 16.00 16,128.00 Transplant Coverage 1.10 3.55 3,108.00 PROJECTED COSTS FUNDING LEVEL ® EXPECTED Monthly Factors Monthly Coats Single Family Single Family Administrat Fee 16.00 16.00 256.00 1,088.00 LifelAD&D Premium 0.00 0.00 0. DO 0.00 Medical Conversion 0.00 0.00 0.00 O.DD Individual Stop Loss - S25,000 22.01 51.35 352.14 3,491.89 Transplant Coverage 1.10 3.55 17.60 241.40 Claim Dollars Available 129.86 303.22 2,077.73 20,619.23 • Total Monthly Funding 168.97 374.13 2,703.47 25,440.52 FUNDING LEVEL ® AGG ATTACH Monthly Factors Monthly Costa Single Family Single Family Ad miaistratian Fee 16.00 16.00 256.00 1,088.00 Life/AD&D Premium 0.00 0.00 0.00 0.00 Medical Conversion 0.00 0.00 0.00 0.00 Individual Slop Loss - $25,000 22.01 51.35 352.14 3,491.89 Transplant Coverage 1.10 3.55 17 -60 241.40 Claim Dollars AvaBabla 162.32 379.03 2,597.16 25,774.04 Total Monthly Funding 201 -43 449.93 3,222.91 30,595.33 Current Funding Level 154,46 345.67 Re mmrnded Increase (Decrease) 14% 14% RECOMMENDED FUNDING LEVEL: 175.31 392.34 w/ PCs Drug Capay $7 /510 COBRA Monthly Rele 178.82 400.19 • Claim Rate: 136.20 321.43 31- Aug-92 Total Court (A +D) 172 Annual Cosh Single Family Total 3,072.00 13,056.00 16,128.00 0.OD 0.00 0.00 0.00 0.00 0.00 4,225.74 41,90246 46,128.40 211.20 2,896.80 3,108.00 24,932.76 247,430.82 272.363.58 32,441.70 305,28618 337,727.97 Annual Coats Single Family Total 3,072.00 13,056.00 16,128.00 0.00 0.00 0.00 0.00 0.00 0.00 4,225.74 41.902.66 46,128.40 211.20 2,896.90 3,108.00 31,165.95 309,288.52 340,454.47 38.674.89 367,143.98 405,818.87 288,441.25 9 - /- t w City of H utch;n..,., Health Care Cost Projections Duval Inventory Rate for Expected Losses Expected Losses Ad ministrati on Fee Commission PROJECTED COSTS FUNDING LEVEL @ EXPECTED LOSS 0GMTH 1-- eeV60 4 (A) (B) (C) (D) Single Weighting Weighted Total Single Family Factor Family Count 334.11 Co mmissio n (B * C) (A +D) • 16 68 2.30 136 172 Single Family Annual 13.92 39.00 Total Monthly Funding 2,673.02 31,820.16 34,493.18 1.75 4.91 4,346.14 5.00% 5.00% FUNDING LEVEL @ EXPECTED LOSS Monthly Fa=n Monthly Costa 336.80 Single Family Single Family Ad m;n:trat:n n Fee 1.75 4.91 28.07 334.11 Co mmissio n 0.70 1.95 11.14 132M Claim Dollars Available 13.92 39.00 222.75 2,651.68 Total Monthly Funding 16.37 45.86 261.96 3,118.38 -- R31NT FUNDLING LEVEL: 15.64 43.79 Io ecrease 5.0% 5.0% COMMENDED FUNDING LEVEL: 16.42 45.98 COBRA Monthly Rate 16.75 46.90 Claim Rue: 13.96 39.10 Annual Costs Single Family Total 336.80 4,009.34 4,346.14 133.65 1,591.01 1,724.66 2,673.02 31,820.16 34,493.18 3,143.47 37,420.51 40,563.98 • 40,672.30 34.585.29 A City of Hutchinson 08- Sep -92 Medics! • Subsequent Year Policy Period Budgeted Claims Actual Claims Surplus(Deficit) Rate Increase 9/1/88 -89 183,949 205,981 (22,032) 36.81% 9/1/89 -90 222,119 126,033 96,086 6.41% 9/1/90 -91 246,153 162,800 83,353 4.34% 9/1/91 -92 252,879 254,946 (2,066) 11.70% Total 905,101 749,760 155,341 5.00% Proposed Rates 9/1/91 -92 9/1/92 -93 * Single 154.46 172.53 11. Family 345.67 386.11 11. Total Annual Costs 311,723 348,192 * Subject to minor Benefit Changes • Dientai Subsequent Year Policy Period Budgeted Claims Actual Claims Surplus(Deficit) Rate Increase 9/1/88 -89 37,432 26,644 10,788 0.00% 9/1/89 -90 33,895 24,520 9,375 0.00% 9/1/90 -91 34,549 25,564 8,985 0.00% 9/1/91 - 5/1/92 25,942 19,614 6 5.00% Total 131,818 96,342 35,476 • Proposed Rates 9/1/91 -92 9/1192 -93 Single 15.64 16.42 5.00% Family 43.79 45.98 5.00% Total Annual Costs 38,735 40,672 Prepared By: American Risk Services, Inc. �AHEY SALES AGENCY. INC. August 31, 1992 � 3y1234 % 6, 3 SEP1992 RECEIVED N By Mr. Gary Plotz, City Administrator City Hall 37 Washington Ave. West Hutchinson MN 55350 Dear Gary Having visited earlier today with Dolf Moon, upon his request I am writing you to inform you and the city council of my request. As you know, our parking lot borders Girl Scout Park to the south. Having viewed the current situation with the split rail fence and shrubs, we see some problems. The first problem is that we feel we are not getting full use of our parking lot due to the split rail fence. The second problem is that the fence is also serving as a • barrier for people who wish to visit Girl Scout Park to view the dam. They are parking in my parking lot and are finding it difficult to get to the dam viewing area. We have no problem with the general public using our parking lot when they use the park. However, to solve these two problems and to help with the beauty of the area, I would like to propose that our company pay for the installation of a sidewalk on city property along the south edge of Girl Scout Park. This would enable my customers and employees to park their cars further to the north making it possi- ble for me to get cars on both sides of my parking lot. This would also open Girl Scout Park up to people that park in my parking lot to visit the park. I appreciate Mr. Moon's willingness to work with me on this project and request at this time city council approval. Working together, we can continue to en ance u c inson s eauty. Respect k • M r Inc. When you're selling a lifetime. don't sell it short -Cali Fahey's" 5 M- !_ REALTOR a AU P.O.BOX 370 70 - - 218 NORTH ORTH MAIN HUTCHINSON, MINNESOTA 55350 • I 612 -873510 August 31, 1992 � 3y1234 % 6, 3 SEP1992 RECEIVED N By Mr. Gary Plotz, City Administrator City Hall 37 Washington Ave. West Hutchinson MN 55350 Dear Gary Having visited earlier today with Dolf Moon, upon his request I am writing you to inform you and the city council of my request. As you know, our parking lot borders Girl Scout Park to the south. Having viewed the current situation with the split rail fence and shrubs, we see some problems. The first problem is that we feel we are not getting full use of our parking lot due to the split rail fence. The second problem is that the fence is also serving as a • barrier for people who wish to visit Girl Scout Park to view the dam. They are parking in my parking lot and are finding it difficult to get to the dam viewing area. We have no problem with the general public using our parking lot when they use the park. However, to solve these two problems and to help with the beauty of the area, I would like to propose that our company pay for the installation of a sidewalk on city property along the south edge of Girl Scout Park. This would enable my customers and employees to park their cars further to the north making it possi- ble for me to get cars on both sides of my parking lot. This would also open Girl Scout Park up to people that park in my parking lot to visit the park. I appreciate Mr. Moon's willingness to work with me on this project and request at this time city council approval. Working together, we can continue to en ance u c inson s eauty. Respect k • M r Inc. When you're selling a lifetime. don't sell it short -Cali Fahey's" 5 M- C September 3, 1992 MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJ PRE TA LEV We have presented last Tuesday a preliminary General Fund budget for 1993 which had been cut back from the original requests. This Preliminary budget did show a need for $160,237 in additional taxes as presented. Needless to say the cuts were substantial and additional dollars would be able to restore some of the funding requests. You asked for some comparisons of taxes based upon this departments estimate. I would offer the following: • 1992 Adopted Tax General Fund $1,789,470 Bond & Int 1,172,800 $2,962,270 1993 Proposed Tax $1,949,707 1,211,700 $3,161,407 Estimated Market Value) Resident 60,000 70,000 100,000 1992 218 254 464 1993 239 278 509 Dollar Increase 21 24 45 If Additional $40,000 added to request General Fund = $1,989.707 1993 Increase 243 284 519 26 30 55 (continued) • City Hall Parks Fr Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 9- /✓ Page 2 COMMERCIAL PROPERTY (Estimated Market value) $50,000 $100,000 1992 $562 $3,925 1993 596 1,531 Dollar Increase 34 107 If Additional $40,000 added to request For General Fund 1993 608 1,561 Dollar Increase 46 137 Assumptions The tax capacity of the city used was the same as 1992. Growth projected is offset by formula changes. In 1993 we are scheduled to receive $1,166,381 in HACA and other aid reduction dollars. This compares with $1,141,809 in 1992. The numbers are estimated and will vary on the individual tax statements once the tax capacity of the city has been computed. We must set a preliminary levy by September 15 to the county. This number will be used to compute individual tax statements for the hearing in December. The number can also be reduced but additional dollars may not be added to the preliminary levy. E We .)uld request once a dollar amount is established the • attached resolution be acopted.l n U CITY OF HUTCHINSON • RESOLUTION NO. 9796 PRELIMINARY 1993 TAX LEVY FOR CITY OF HUTCHINSON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY" OF HUTCHINSON, MINNESOTA: THAT a preliminary tax levy for the City of Hutchinson for 1993 is hereby set in the amount of $ Adopted by the City Council this 8th day of September 1992 Paul L. Ackland Mayor ATTEST: • Gary D. Plotz City Administrator 0 9 -A/ September 2, 1992 ARsOLD & McDOWELL ATTORNEYS AT LAw 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416-1492 (612) 545 - 9000 MN TOLL FREE 800-343 -4545 FAx (612) 545 -1793 Gary D. Plotz, City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Phase II ( Simonson's Lumber option) Our File No. 3244 -91046 Dear Gary: Or cOr SEL WILLIAM W. CAMERON RAYMOND C. LALLIER PAUL M.HEOICH CHARLES R.CARMICHAEL" 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (6121389 -2214 PAX (6121389-5506 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (612) 587 -7575 YAM (6W) 587 -4096 S €P1952 02 618 I write to you today with a request that the above referenced • matter be placed on the agenda for the next regularly scheduled City Council meeting. As you may recall, Simonson's voluntarily removed their materials from the building located on the development site which they rented from Dakota Rail, Inc. The fee interest in the property was acquired by the city at the time it closed with the railroad. The question of compensation for Simonson's was expressly left open at that time. As you also may recall, Ron McGraw has been handling the negatlations with Simonscii's and has had some difficulty reaching the individuals with authority to settle this matter. The original estimate for Simonson's called for approximately $8,000.00 to be paid to Simonson's. I am unclear as to whether or not that estimate included relocation expense. In any event, Mr. McGraw has asked me to secure City Council approval for payment in the amount of $14,000.00 for the building in question as well as all relocation and other expenses. I would ask that this matter be placed on the City Council agenda for next Tuesday evening. • 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION / v — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B.ARNOLD GARY D. MCDOWELL STEVEN A. ANDERSON O.BARRY ANDERSON' STEVEN S.HOGE LAURA E. FRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M_PAIEMENT JAMES UTLEY RICHARD O. XcGEE CATHRYN D. REHER September 2, 1992 ARsOLD & McDOWELL ATTORNEYS AT LAw 5881 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 55416-1492 (612) 545 - 9000 MN TOLL FREE 800-343 -4545 FAx (612) 545 -1793 Gary D. Plotz, City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Re: Phase II ( Simonson's Lumber option) Our File No. 3244 -91046 Dear Gary: Or cOr SEL WILLIAM W. CAMERON RAYMOND C. LALLIER PAUL M.HEOICH CHARLES R.CARMICHAEL" 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (6121389 -2214 PAX (6121389-5506 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 (612) 587 -7575 YAM (6W) 587 -4096 S €P1952 02 618 I write to you today with a request that the above referenced • matter be placed on the agenda for the next regularly scheduled City Council meeting. As you may recall, Simonson's voluntarily removed their materials from the building located on the development site which they rented from Dakota Rail, Inc. The fee interest in the property was acquired by the city at the time it closed with the railroad. The question of compensation for Simonson's was expressly left open at that time. As you also may recall, Ron McGraw has been handling the negatlations with Simonscii's and has had some difficulty reaching the individuals with authority to settle this matter. The original estimate for Simonson's called for approximately $8,000.00 to be paid to Simonson's. I am unclear as to whether or not that estimate included relocation expense. In any event, Mr. McGraw has asked me to secure City Council approval for payment in the amount of $14,000.00 for the building in question as well as all relocation and other expenses. I would ask that this matter be placed on the City Council agenda for next Tuesday evening. • 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION / v — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Gary D. Plotz September 2, 1992 Page 2 Thank you. Best personal regards. is 0 • 046 -1tr. 25 ` OPEN -HOLD COUNCIL REPORT TUE. SEP 8, 199 2-, 1:50 PM ------------------------------------ 1982 TIDS • NATL CITY BANK OF MINNEAP INTEREST 1989 IMPROV. BDS AM.NATIONAL BANK AOM.FEES & EXPENSES 1991 IMPROV.BDS ANNANDALE CONTRACTING WM MUELLER & SONS 1992 IMPRO.BDS OUININCK BROS, INC. R &R SPECIALTIES INC WM MUELLER & SONS LET 6 EST 9 LET S EST B LET 2 -EST 3 LET 4 -EST 2 LET I - EST 5 1992 TICB COUNTY RECORDER MCGRAW & WARD PELLINEN. WILLARD CENTRAL GARAGE • BRANDON TIRE CO CAMERA SHOP CARQUEST AUTO PARTS CHAMPION AUTO CITY OF HUTCHINSON FORTIS BENEFITS G & K SERVICES HUTCH IRON & METAL HUTCHINSON WHOLESALE JERABEK MACHINE SERV L & P SUPPLY CO MACQUEEN EQUIP INC MN.MUTUAL LIFE PLOWMANS PUBLIC EMPLOYEES SNAP ON TOOLS CORP SORENSEN FARM SUPPLY SWEENEY BROS TRACTOR TOWN & COUNTRY TIRE U S POSTMASTER WITHHOLDING TAX ACCT FIRE HALL DS AM.NATIONAL BANK JULY -AUG FILING FEES LEGAL FEES RESTAKE PLAT DOWNTOWN DEV TIRE REPAIR FILM & DEV STARTER, BATTERIES WASHER SOLVENT,HALOGEN,TI SEPT MEDICAL INS SEPT LTD INS UNIFORMS 7' FLAT IRON CLEANERS, BULBS,FLASHERS 24' FLAT REPAIR TRACTOR DOOR LATCH SEPT LIFE INS R &R PUMP,WARRANTY DEDUCTI EMPLOYER CONTRIS 9 -4 WRENCH COUPLER, BUSHINGS ADJ ROD ALIGNMENT AUGUST POSTAGE EMPLOYER CONTRIB 9 -4 ADM.FEES & EXPENSES • GENERAL FUND ALL SEASONS LANDSCAPE /DES MAPLE TREE page 1 $3,30Z.S0 $3,302.60■ $179.64 $179.64+ $1,600.02 $4,549.35 $6,149.37* $185 ,7S 1 .98 $30,903.21 $97,384.10 $314,039.29* $134.00 $160.45 $150.00 $444.45* $86.51 $14.62 $659.61 $320.73 $389.46 $14.14 $47.19 $5.07 $410.40 $4.70 $83.88 $533.35 $S.BB $94.99 $61.91 $103.84 $20.90 $301.51 $32.95 $6.09 $105.72 $3,303.45* $176.16 $176.16* $53.25 / / --AI OPEN -HOLD COUNCIL REPORT TUE, SEP 8, 1992, 1:50 PM page 2 -------------------------------------------------------------------------------- ALLEN BROWN & GREAT PLAIN EST 10 HOUSING REHAB $180.93 • ALLEN OFFICE PROD AUTOMATION SUPPLY CO COPY STAMP PRINTER PAPER $16.12 $24.88 BARB THORUD & HOLTZ CONST EST 43 HOUSING REHAB $1,925.00 BENNETT OFFICE SUP. FOLDERS $2,906.28 BERGER PLBG & HTG REPAIR TOILET $36.69 BIG BEAR BOOTS $12.99 BRANDON TIRE CO TIRE REPAIRS $21.80 BREMIX CONCRETE CO CONCRETE $652.96 BRINKMAN STUDIO DEVELOPING $13.00 BROWNS FLORAL ARLT- FLOWERS $3.20 CAMERA SHOP FILM & DEV $22.63 CARQUEST AUTO PARTS 1/4 X 28 ZERK $1.62 CASH WISE COFFEE $1,170.11 CHAMBER OF COMMERCE POSTAGE,COM PROFILE $493.89 CHAMPION AUTO BATTERY $53.25 CITY OF HUTCHINSON SEPT MEDICAL INS $24,526.77 COAST TO COAST FLASHLIGHT, BATTERIES $66,87 COMM TRANSPORTATION HANGAR PAYMENT $700.00 COUNTY TREASURER COUNTY DL FEES $121.50 CULLIGAN WATER COND SERVICE CALL $30.00 DOMINO'S PIZZA PIZZAS 8 -15 TO 8 -23 $560.00 DONALD TODNEM &BERG -WAY CO EST 43 HOUSING REHAB $1,600.00 ERICKSON FREEDOM SUPPLIES $6.70 FEED RITE CONTROLS CHLORINE,SODA CAUSTIC $249.63 FIRE INSTRUCTORS ASSN OF NFPA 1002 $IS.36 FLOOR CARE SUPPLY LINERS, LOOPS $1,057.95 • FORTIS BENEFITS SEPT LTD INS $975.31 FRANK JARMAN & MENARDS EST #1 HOUSING REHAB $1,043.32 FRITO LAY INC. CHIPS $50.82 FRONT LINE PLUS FIRE & RE 4 -50 FT HOSE $1,103.72 G & N, SERVICES UNIFORMS $671.47 GRAY, JEAN CASH ADVANCE SEMINAR $200.00 GREAT PLAINS SUPPLY SHEETROCK SCREWS $619.10 GREEN13RIAR FLORAL PLANT- H.SMITH $15.95 GUARDIAN PEST CTL AUG SERVICE $20.50 HALER JEWELRY BRASS DISH- D.SMITH $27.40 HANSEN TRUCK SERVICE R & R CLUTCH SLAVE $65.07 HANSON & VASEK CONSTRUCTI CURB & GUTTER WORK $627.00 HENRYS FOODS INC CANDY $206.83 HOME BAKERY INC 2 DOZ ASST ROLLS $6.00 HUHN, LARRY SCHOOL REIMBURSMENT $215.70 HUTCH COOP CENNEX AUGUST GASOLINE $3,433.56 HUTCH FIRE DEPT RELIEF AS 1992 CONTRIBUTION $13,615.00 HUTCH IRON & METAL 37' FLAT IRON $40.99 HUTCH PLBG & HTG CO DELTA FAUCET $507.90 HUTCH TECH COLLEGE REGISTRATION- M.HENSEN $371.90 HUTCHINSON WHOLESALE VISE $126.73 INK SPOTS WHITE PAPER $61.96 JOES SPORT SHOP PLAQUE $36.34 JOHNSON, MYRON IST AID & CPR CLASS $180.00 JUTTING, PATTY TACKLE FOOTBALL REFUND $16.00 • K MART BRAUN COFFEEMAKER,FILTERS $33.20 KARG, LARRY DUST & PAINT MASKS $72.43 KENNEBECK, ROBERT AUGUST COMPENSATION $833.33 L & P SUPPLY CO HANDLE, OIL $115.87 OPEN -HOLD COUNCIL REPORT TUE, SEP 8, 1992, 1:50 PM page 3 -------------------------------------------------------------------------------- LAR50N, MARK SAFETY BOOTS $30.00 LEE COLLINS LIMITED LINDER BUS COMPANY LETTERING TAPE BUS TRIPS $82.81 $2,218.00 MANGAN, CONNIE MILEAGE JUNE TO AUGUST $92.07 MARKA, JAMES MILEAGE TO MEETING $35.10 MCLEOD COUNTY PARKS WAX WORMS, FIREWOOD $12.00 MCLEOD CTY PORK PRODUCERS COOK CHOPS FOR CITY PICNI $99.50 HID -MN HOT MIX INC AC FINES, TACK OIL $462.21 MIKE'S MOBIL BAIT & TACKL BUG SPRAY, BATTERY $11.48 MINNESOTA DEPT OF PUBLIC BIKE REGISTRATION FEES $45.00 MIX, FINLEY SAFETY BOOTS $30.00 MN DEPT OF REVENUE AUG. SALES TAX $107.51 MN. PLAYGROUND INC SEE SAW SNAKE $2,396.25 MN.ELEVATOR INC ELEVATOR SERVICE $61.00 MN.MUTUAL LIFE SEPT LIFE INS $411.60 MOTOROLA MIDWEST PAGER RE PAGER REPAIR $50.00 MUELLER'S OFFICE SUPPLY MORTGAGE FORMS,LIEN FORMS $89.46 NO STATES SUPPLY INC NUTS, CAPS, WASHERS $77.09 OLSONS LOCKSMITH REPAIR LOCK $31.39 PERA- D.C.P. EMPLOYER CONTRIB 9 -4 $28.71 PRO MAINTENANCE CARPET CLEAN $43.20 PUBLIC EMPLOYEES EMPLOYER CONTRIB 9 -4 $5,349.23 QUADE ELECTRIC BULBS $50.59 REINER LAWN IRRIGATION HUNTER PGP HEADS $98.00 SANTELMAN, BEN UMPIRE 8 GAMES $48.00 SHOPKO PHOTOS $15.10 SORENSEN FARM SUPPLY RENT POST AUGER $113.12 • STANDARD PRINTING REFILLS $605.62 TEMPLETON INC AUG EMPLOYER CONTRIB $200.99 TRI CO WATER COND SOFTENER RENTAL $34.50 U S POSTMASTER AUGUST POSTAGE $806.83 UNITED BLDG CENTERS 2X4 - 12' $115.97 VIKING OFFICE PRODUCTS COPY PAPER $92.50 WADE MILLER &C.T.M.CONST EST #4 HOUSING REHAB $1,064.00 WENDLING, ROSS 9 HOURS $38.25 WITHHOLDING TAX ACCT EMPLOYER CONTRIB 9 -4 $5,742.26 WITTE SANITATION AUGUST REFUSE CHARGES $14.91 WITTE SOD 10 YOS $7.50 XEROX CORP 5052 CONTRACT PAYMENT $329.80 ZAHL EQUIPMENT CO REPAIR LEAK IN HOSE REEL $214.00 $83,374.37• HOSPITAL BONDS AM.NATIONAL BANK INTEREST $11,963.75 $11,963.75+ PAYROLL FUND AETNA VARIABLE LIFE ASS. EMPLOYEE CONTRIB 9 -4 $590.00 G.T. GROWTH EMPLOYEE CONTRIB 9 -4 $175.00 GLOBAL FUNDS INC EMPLOYEE CONTRIB 9 -4 $444.73 GREAT WEST LIFE INS. CO. EMPLOYEE CONTRIB 9 -4 $85.00 H.R.L.A.P.R. EMPLOYEE CONTRIB 9 -4 $90.09 • ICMA RETIREMENT TRUST EMPLOYEE CONTRIB 9 -4 $1,301.00 PERA LIFE INS CO. EMPLOYEE CONTRIB 9 -4 $105.00 PERA- D.C.P. EMPLOYEE CONTRIB 9 -4 $28.71 PRUDENTIAL EMPLOYEE CONTRI 9 -4 $130.00 OPEN -HOLD COUNCIL REPORT TUE, SEP 6, 1992, 1:50 PM --------------------------------------------------------------------- PUBLIC EMPLOYEES EMPLOYEE CONTRIB 9 -4 $4,993.38 TEMPLETON INC EMPLOYEE CONTRIB 9 -4 $95.00 WADELL & REED EMPLOYEE CONTRIB 9 -4 $150.00 WITHHOLDING TAX ACCT EMPLOYEE CONTRIB 9 -4 $18,638.66 $26,726.67+ RURAL F. 0. COAST TO COAST PLUG $.91 GENERAL SAFETY EQUIP CORP 3.S GAUGE $75.70 HUTCH COOP CENNEX AUGUST GASOLINE $119.96 HUTCH FIRE DEPT RELIEF AS 1992 CONTRIBUTION $4,200.00 $4,396.57+ WATER /SEWER FUND ALLEN OFFICE PROD FOLDERS $6.46 BENNETT OFFICE SUP. WALLET EXP $2.34 BIG BEAR 6 FT HYD $42.59 BOUSTEAD.ELECTRIC & MFG REPAIRED POWER BOARD $821.27 CITY OF HUTCHINSON SEPT MEDICAL INS $3,066.42 CONTINENTAL SAFETY EQUIPM EYE WASH $188.71 COUNTY MARKET ICE $2.76 CURTIN SCIENTIFIC CO THERMOMETER $241.32 FEDERAL EXPRESS CORP SHIPPING $161.25 FISCHER & PORTER CHARTS & INK $77.09 FLOOR CARE SUPPLY TOWELS $45.52 FORTIS BENEFITS SEPT LTD INS $124.24 • G & K SERVICES UNIFORMS $221.00 HACH COMPANY LAB SUPPLIES $156.43 HCI CONNECTING POINT LABELS $228.45 HUTCH COOP CENNEX AUGUST GASOLINE $710.81 HUTCH FIRE & SAFETY INSPECTIONS & RECHARGES $39.48 HUTCH IRON & METAL 50E STEEL $28.12 JUUL CONTRACTING CO REPAIR WATER LEAKS $616.00 LTP ENTERPRISES 4' WELL SCREEN $213.00 MN DEPT OF REVENUE AUG. SALES TAX $4,263.38 MN VALLEY TESTING LAB TESTING $1,269.75 MN.MUTUAL LIFE SEPT LIFE INS $50.82 NCL BEAKER,GELMAN BROTH $95.34 PUBLIC EMPLOYEES EMPLOYER CONTRIS 9 -4 $490.54 QUADE ELECTRIC 2000' WIRE $74.56 SERCO LABORATORIES TESTS $75.00 SORENSEN FARM SUPPLY ANCHOR BOLTS $31.84 STANDARD PRINTING PENS,LABELS,PADS $99.36 TRI CO WATER COND SALT $17.60 U S POSTMASTER. AUGUST POSTAGE $804.05 UNITED BLDG CENTERS LUMBER,NUTS,WASHERS $25.79 WITHHOLDING TAX ACCT EMPLOYER CONTRIB 3 -4 $1,005.03 WITTE SANITATION AUGUST REFUSE $46,231.50 ZEE MEDICAL SERV ZEE STRIP,IBUTAB $17.16 $61,546.98+ YOUTH CENTER • CITY OF HUTCHINSON SEPT MEDICAL INS $170.10 FORTIS BENEFITS SEPT LTD INS $11.79 MARTIN, MATT 17 HRS 04.25 $72.25 MN.MUTUAL LIFE SEPT LIFE INS $5.04 page 4 OPEN -HOLD COUNCIL REPORT TUE, SEP B, 1992, 1:50 PM page 5 ------------------------------------------------------------------------------- PUBLIC EMPLOYEES EMPLOYER CONTRIS 9 -4 $39.86 PUTZ, STACY OTHER CONTRACTUAL $75.00 STAR CABLEVISION CABLEVISION $20.20 U S POSTMASTER AUGUST POSTAGE $2.03 VIKING COCA COLA FOOD PRODUCTS - DRINKS $145.00 WITHHOLDING TAX ACCT EMPLOYER CONTRIB 9 -4 $72.93 $614.20+ $516.217.40+ • HANDWRITTEN CHECKS COUNCIL REPORT TUE, SEP 8, 1992 --------------------------- ------- ------- ------ ----- --- - -- LIQUOR FUND City of Hutch payroll 8 -21 & 9 -4 8,587.42 Locher Bros beer 13,559.85 Triple G beer 35,742.40 Lenneman Bev beer 12,533.70 Friendly Bev beer 260.40 Jordon Bev beer 1,135.00 Am Linen towel service 45.51 Daak Refrigeration repair 28.00 Tri County Water water cooler rental 25.55 Hutch Telephone phone service 92.89 Bernicks Pepsi pop 53.68 Henry's Foods supplies 2,608.89 Ed Phillips wine & liquor 11,544.73 Griggs, Cooper wine & liquor 15,407.62 Quality Wines wine & liquor 10,557.81 Johnson Brothers wine & liquor 10,963.49 TOTAL $123,146.94 • Y - IMMEDIATE PAY COUNCIL REPORT TUE, SEP 8, 1992, 1:56 PM ------------------------------------------------ CENTRAL GARAGE PUBLIC EMPLOYEES EMPLOYER CONTRIB 8 -21 GENERAL FUND DEPT NATURAL RESOURCES ONR REGISTRATION FEES ERICKSON, DON CONVENTION EXPENSES M.I.A.M.A. REGISTRATION- M.HAUGEN MN COMMERCE DEPARTMENT 2 NOTARY PUBLIC APPL MN DEPT OF TRADE 8 ECONOM REGISTRATION- P.ACKLAND PERA - Q.C.P. EMPLOYER CONTRIB 8 -21 PUBLIC EMPLOYEES EMPLOYER CONTRIBUTION 6-2 RADISSON HOTEL MINNETONKA RESERVATION- P.ACKLAND TORGERSON, MARLIN CONVENTION EXPENSES U S POSTMASTER POSTA6E-SEPT NEWSLETTER WITHHOLDING TAX ACCT AUGUST EXCISE TAX PAYROLL FUND MN DEPT OF REVENUE WATER /SEWER FUND POSTAGE BY PHONE • PUBLIC EMPLOYEES U S POSTMASTER YOUTH CENTER PUBLIC EMPLOYEES EMPLOYEE CONTRIBUTION 9 -4 POSTAGE FOR METER EMPLOYER CONTRIB 8 -21 POSTAGE -WATER BILLS EMPLOYER CONTRIB 8 -21 page 1 --------------- -- -- -- 561.92 561.92+ $104.00 $120.97 $315.00 $80.00 $135.00 $28.71 $5,196.30 $68.00 $115.50 $214.94 $24.52 66,402.94+ $5,046.15 $5,048.15* $800.00 $454.82 $250.00 $1,504.62* 639.85 $39.85* $13.057.68* DAVID B. ARNOLD BABY D. McDOWELL • ETEYEa A. ANDEBsax D.BARRT ANDERSON STEVEN 8. HOOF LAURA E. +•o Err •N DAVID A. DRDEOOEMANN PAUL D. DOVE" JOSEPH X. PAIEXZN JAMES 0TI.8Y RICHARD O. McOEE CATHRYN D. REHER September 8, 1992 AP.No & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HIITcHINSON, MINNESOTA 55350 -2563 (612)587 -7575 FAX (611) 567 -4096 RESIDENT ATTORNEY O. BARMY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Veterans Preference Act Issues Our File No. 3188 -92226 Dear Gary: Or COIOISeL w11T W. CAMERON RAYMOND C. LALLIER PAUM M. BEOICH C &RLES R.CAHMICHAEL" 5661 CEDAR LAEE ROAD xIxNEAPOus I xINNESOTA 5516 (612) 545 -9000 MII TOLL FREE 800- 343-4545 FAX(612)545 -1793 MA SOUTH FOURTH STREET PRINCETON, xINNE60TA 65371 (612) 369-2114 FAX (612)389-5506 FOR YOUR INFORMATION At your request, I have reviewed Minnesota Statute §197.46, the Minnesota Veterans Preference Act, as it relates to the proposed reduction in hours for a position presently occupied by a veteran. Under the principles established by the Minnesota Supreme Court in Young vs. City of Duluth 386 N.W. 2d 732 (Minn. 1986), a city may terminate a veteran for incompetency or misconduct, but also may abolish the position so long as the city acts in good faith. It has long been the law of the State of Minnesota that veterans preference statutes are "not intended to take away the power given such officials over the administrative and business affairs of municipality and do not prevent them from terminating the employment of an appointee by abolishing the office or position which he held, if the action abolishing it be taken in good faith for some legitimate purpose and is not a mere subterfuge to oust him from his position." State Ex Rel. Boyd vs. Matson 155 Minn. 137, 193 N.W. 30 (1923). Although Youn does not deal directly with the reduction in hours contemplated by our situation, the concurring opinion in Young does specifically recognize that such an outcome is a possibility. Minnesota law will require a sixty day notice to be given to a veteran even though the veteran will not have a right to a public hearing or a civil service commission hearing. The employee would have the right to notice the Arms Veterans Preference Act. In other words, I would not recommend any change in the employee's present employment situation until at least sixty days have passed. 'CERTIFIED AS A CIVIL TRIAL SPECIALS ST BY THE MIv SOTA STATE BAR ASSOCIATION " CERTIFED AS A REAL PROPERTY LAN SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz September 8, 1992 Page 2 I do want to bring to your attention the problem that can be created by a reassignment of duties as opposed to the simple abolition of the position. The Supreme Court has observed: If the city merely reassigns Young's duties to non veteran employees, less senior than he, his position was not abolished in good faith and he is entitled to reinstatement with back pay. The Veterans Preference Act is applicable to cases in which public employers reassign duties in times of revenue shortfalls and budget cuts. No exception in the act exists for such situations. Thus, veterans have a preference over non veteran employees less senior than they to continue to perform duties for which they are qualified if the public employer continues to need such duties performed. Young, 386 N.W. 2d at 738 -739. I hope this correspondence is helpful to you. hesitate to contact me should you have questions. Very Please do not G. 1 GBA: Ken Merrill Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 • Re: Insurance Claims Issues Our File No. 3188 -87001 Dear Gary and Ken: I would ask that you bring a copy of this letter to the attention of the City Council for its review and consideration at the City Council's next regularly scheduled meeting on a "for your information" basis. As you may recall, quite some time ago, I expressed concern over the League Trust and its approach to the handling of claims. lost recently, during the annual appearance of Mark Flaten and Dennis Potter, I once again raised the concerns. It is my view that the trust has taken a far too aggressive stance on issues of coverage and certainly with respect to issues of defense. In that regard, we have been successful in setting up a meeting for September 23, 1992 at 1:30 p.m. at our Minneapolis office with representatives of the League Trust, Mark Flaten and Dennis Potter to meet and discuss some of these issues. The purpose of this correspondence is to alert you to the meeting and ask that representatives of the city, as well as members of the City Council, forward to me specific claims where coverage has been denied or where concern has been expressed over the response from - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION ARNOLD & MCDow DAVID B.ARNOLD ATTORNEYS AT LAW 07 COUNSEL GARY D. MCIXWELL 5881 CEDA LAKE ROAD R w LIJAM W, CAMERON STEVEN A. ANDERSON RAYMOND C. LIEA G. BARRY ANDERSON' ID MINNEAPOLIS, M INNESOTA 53416 -1492 PALL M.BEGICH STEVEN S. HOOK (612) 545 -9000 CHARLES R.CARMICHAEL" LAURA E. FRETLAND DAVID A. BRLEOOEMANN MN TOLL FREE 800- 343-4545 501 SOUTH FOURTH STREET PAUL D. DOVE" PAX (612) 545-1793 PRINCETON, MINNESOTA 55371 JOSEPH M. PAIEMEBT (612) 089 -2214 JAMES =ET FAX (612) 389 -5506 RICHARD O -NCOEE CATHRYN D. SERER 101 PARK PLACE HDTCBINSON, MINNESOTA ]5950 (612) 587-7575 FAX (614)]87 -4096 September 2, 1992 FOR YOUR INFORMATION 4 SE Gary D. Plotz �rp > � Hutchinson City Administrator ti Hutchinson City Hall ry SEP10y 0 37 Washington Avenue West N � N Hutchinson, MN 55350 N 9Y Ken Merrill Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 • Re: Insurance Claims Issues Our File No. 3188 -87001 Dear Gary and Ken: I would ask that you bring a copy of this letter to the attention of the City Council for its review and consideration at the City Council's next regularly scheduled meeting on a "for your information" basis. As you may recall, quite some time ago, I expressed concern over the League Trust and its approach to the handling of claims. lost recently, during the annual appearance of Mark Flaten and Dennis Potter, I once again raised the concerns. It is my view that the trust has taken a far too aggressive stance on issues of coverage and certainly with respect to issues of defense. In that regard, we have been successful in setting up a meeting for September 23, 1992 at 1:30 p.m. at our Minneapolis office with representatives of the League Trust, Mark Flaten and Dennis Potter to meet and discuss some of these issues. The purpose of this correspondence is to alert you to the meeting and ask that representatives of the city, as well as members of the City Council, forward to me specific claims where coverage has been denied or where concern has been expressed over the response from - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Gary D. Plotz Ken Merrill September 2, 1992 Page 2 the League Trust. There are almost certainly claims that may be involved that I know very little about and the additional input would be helpful. At this point, I don't know that either you or Ken need to plan to be in attendance, although I will leave that call up to representatives of the insurance carrier. If they would like to have you there, I have no objection and your presence might conceivably be helpful. I look forward to hearing from you and the council on these issues. 0 Best regards. September 3, 1992 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 567 -7575 PAZ (612) ]s > - 40ss RESIDENT ATTORNEY O.BARRY ANDERSON Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 Re: Phase II (Construction Issues) Our file: #3244 -91046 Dear Gary: OP C IMSRL WILLIAM W.CAYERON RAYMOND C. LALLIEU PAUL X.BEOICH CHARLES R.0 "ICHAEL ]BSI CEDAR LAEE ROAD IiINNEAPOLIS, YINN890TA ]]416 (612) 34] -9000 YN TOLL FREE BOO- 343 FAZ (6617) ]45 -1793 501 SOUTH EOLIRTH STREET PRINCETON, YDVNESOTA 55311 (612) 389 -2214 PAZ (612)369-5506 FOR YOUR INFORMATION +ass SFF1332 By I am writing to you with regard to our meeting of a couple of days ago with representatives of Everest Construction on the subject of • soil removal. As you may recall, an examination of the site has revealed some surprising soil conditions which are going to require more exten- sive soil correction than originally anticipated. Under the agreement, the City's liability in these situations is limited to the removal of defective and unsuitable soils. It does not appear that the City will have any liability for bringing in replacement soil, compacting the soil or taking other extraordinary soil correction efforts. After our meeting with Bill Franke and others, I had a lengthy discussion with Bill Franke regarding the dirt work anticipated for this project. He indicated that the contract for the dirt work had been awarded to an excavating firm from the Savage area. The original estimated contract for the dirt $50,000.00. Because of the need to remove and compact the soil in the "boot pits" (the location of the former elevators) and because of the need to remove top soil in the building area, the total estimated cost to do all of this dirt work has risen to 105,000.00. Fortunately, the City's responsiblity is probably in the range of $20,000.00 - $25,000.00, although minor variations on either side of the range would not be unexpected. We did suggest at the meeting that the City Council would be willing to make an advance $15,000.00 cash payment in exchange for limitation of liability. At this time, although not rejecting that proposal, 'CERTIFIED AS A CIVIL TRL&L SPECIALIST BY THE XLWESOTA STATE BAE ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION N DAVID B. ARNOLD OABY D. XcDOWELL srEVEx e.sxDEasox O -LARRY ANDERSON' STEVEN S. 800E LAVRA E. TBETLAND DAVID A. BRQEOOEYANN PAU D. DOVE" JOSEPH Y. PAIEN ENT JAYEs IITLEY RICHARD O. YCOEE CATHRYN D. 9EBER September 3, 1992 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 567 -7575 PAZ (612) ]s > - 40ss RESIDENT ATTORNEY O.BARRY ANDERSON Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue West Hutchinson, MN 55350 Re: Phase II (Construction Issues) Our file: #3244 -91046 Dear Gary: OP C IMSRL WILLIAM W.CAYERON RAYMOND C. LALLIEU PAUL X.BEOICH CHARLES R.0 "ICHAEL ]BSI CEDAR LAEE ROAD IiINNEAPOLIS, YINN890TA ]]416 (612) 34] -9000 YN TOLL FREE BOO- 343 FAZ (6617) ]45 -1793 501 SOUTH EOLIRTH STREET PRINCETON, YDVNESOTA 55311 (612) 389 -2214 PAZ (612)369-5506 FOR YOUR INFORMATION +ass SFF1332 By I am writing to you with regard to our meeting of a couple of days ago with representatives of Everest Construction on the subject of • soil removal. As you may recall, an examination of the site has revealed some surprising soil conditions which are going to require more exten- sive soil correction than originally anticipated. Under the agreement, the City's liability in these situations is limited to the removal of defective and unsuitable soils. It does not appear that the City will have any liability for bringing in replacement soil, compacting the soil or taking other extraordinary soil correction efforts. After our meeting with Bill Franke and others, I had a lengthy discussion with Bill Franke regarding the dirt work anticipated for this project. He indicated that the contract for the dirt work had been awarded to an excavating firm from the Savage area. The original estimated contract for the dirt $50,000.00. Because of the need to remove and compact the soil in the "boot pits" (the location of the former elevators) and because of the need to remove top soil in the building area, the total estimated cost to do all of this dirt work has risen to 105,000.00. Fortunately, the City's responsiblity is probably in the range of $20,000.00 - $25,000.00, although minor variations on either side of the range would not be unexpected. We did suggest at the meeting that the City Council would be willing to make an advance $15,000.00 cash payment in exchange for limitation of liability. At this time, although not rejecting that proposal, 'CERTIFIED AS A CIVIL TRL&L SPECIALIST BY THE XLWESOTA STATE BAE ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION N Page 2 Plotz 6 Erickson's has indicated that they just as soon allow the excavating and corrective action to be completed and evaluate the financial responsiblity of the various parties at the end of that process. This would seem to be appropriate and I have no objection to so proceeding. None of this - requires Council action, but I am providing this update for the benefit of-the Council so that all concerned are fully advised as to the status of this matter. Thank you. G. h4Vry Anderson • r is Liquor Store Comparison June 1991 Liquor Store Comparison June 1991 HUTCHINSON SAFETY COUNCIL JULY 27, 1992 r1 U 0 MINUTES Eleven members were present at the July 27, 1992 Hutchinson Safety Council meeting held at the Heritage Center. The program was presented by Joe Neubauer, from the County Extension Office who spoke on garden pesticide safety. Numerous informational brochures were distributed. President George Field called the meeting to order. The minutes were approved as submitted. John Rodeberg updated construction work progress; a new traffic light installation by Shopko should be done in about three weeks. Construction on Roberts Road will be completed this summer. George Field reported that a three county area farm safety committee will have a display at the McLeod County Fair. George Field also reported that he has had several requests for groups to use the PTO safety film. June Wick reported a call from a Country Club Terrace resident who felt that for safety purposes it would be difficult for the dispatcher to dispatch emergency help because his address is California Street. Resident will be instructed to give his exact lot number in addition to his street address. Duane Hoeschens reported that the City will receive $30,000 in Federal and State disaster grant for debris clearance from the June storm. It was reported that at night it is difficult to see the curb on Oakland Avenue on the south end of Legion Park; John Rodeberg will check into it. Duane Kopesky distributed a new official McLeod County Highway map. The County will be involved with the City CIS computer system. There will be no August Safety Council meeting be on Monday, September 27th." Treasurer's Report: Checking: 388.37, Savings: 194.47 The next meeting will Hutchinson Community Development Corporation Board of Directors Friday, August 7, 1992 Chamber Meeting Room Directors Present James Bullard - Chairman John Mlinar Phil Graves Larry Graf Carol Haukos Larry Fraser Bill Craig 4 h rS Present Bob Kennebeck -Exec Director The meeting was called to'order by Chairman Bullard. Motion was'made,seconded and carried to approve the minutes of July 3, 1992. Motion was made,seconded and 'carried to approve the financial report. The work program for 1993 will be reviewed/ reworked by a committee comprised of Bill Craig, Chair, Glenn Matejka, Sharon Adams and DuWayne Peterson. The Annual Meeting will be held September 19, 1992 at the Victorian Inn. Duane Hoversten will be asked to be a guest speaker. The Distinguished Service Award recipient has been chosen. Larry Fraser will chair the nominating committee with one position to be filled. Jim Bullard presented a report on the Housing Task Force. There being no further business, the meeting was adjourned. • 0