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cp06-09-1992 cI - I IJ TCI'11 0i'�-1 CITY UiLENDAR VfEEIt OF June 7 TO June 13 9 1092 SUNDAY i MONDAY TLjVAY -7- -8- : 111Lv* We salute Ir new V!E.DNESDAY THURSDAY FRIDAY _10- -11- -12- 10:00 A.M. - Directors Meeting at City Hall Noon - Rail Authority 6 Y Shippers Assn. 'Meeting at Victorian Inn = I i I LEAGUE OF CITIES CONFERENCE JUNE 9 -12 * * * * * * * * * * * * * ** 6:30 P.M. - Closed City Council Meeting at City Hall Re. Junker Litigation 7:30 P.M. - Regular City Council Meeting at City Hall SATURDAY -13- VACATION /MEETINGS: CHUCK NELSON - June'8 -9 BONNIE BAUMETZ - June 9 GEORGE FIELD - June 10 MARILYN SWANSON - June 11 -16 • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, JUNE 9, 1992 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Ed Hollen, Assembly of God 3. Consideration of Minutes Regular Meeting of April 28, 1992 and May 12, 1992; Special Meeting of May 20, 1992 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - May 1992 2. Hospital /Nursing Home Board Minutes of April 21, 1992 • 3. Parks & Recreation Board Minutes of April 29, 1992 4. Planning Commission Minutes of April 21, 1992 (b) Application for On -Sale Non - Intoxicating Malt Liquor License By Hutchinson Huskies Amateur Baseball Association for Summer Months At Veterans Memorial Park (c) Appointments: 1. Police Commission - 2. Utilities Commission - 3. Tree Board - Jay Beytien and Virgil Voigt (d) Use of Library Square On August 23, 1992 By Bethlehem United Methodist Church Action - Motion to order report and minutes filed, issue license, ratify appointments, and approve use of park 11 CITY COUNCIL AGENDA - JUNE 9, 1992 • Public Hearing - 8:00 P.M. (a) Assessment Roll No. 276, Letting No. 2, Project Nos. 92 -02 & 92 -09 Action - Motion to close hearing - Motion to reject - Motion to approve and adopt roll and award contract - Motion to waive reading and adopt Resolution 6. communications. Requests and Petitions (a) Considertaion of Request for Police Department Secretary to Attend Out -of -State Seminar Action - Motion to reject - Motion to approve 7. Resolutions and Ordinances (a) Resolution No. 9734 - Resolution to Rename Fischer Hill to Boy Scout Park Action - Motion to reject - Motion to waive reading and adopt • (b) Resolution No. 9735 - Resolution Authorizing Application for Serve America National And Community Service Act Funds Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 9736 - Resolution Specifying And Approving The Application Form For Collecting, Hauling, or Conveying Of Garbage, Other Refuse, Mixed Municipal Solid Waste Or Recyclable Materials Action - Motion to reject - Motion to waive reading and adopt S. Unfinished Business NONE 9. New Business (a) ITEM WITHDRAWN E • • CITY COUNCIL AGENDA - JUNE 9, 1992 (b) Consideration of Rescheduling Special City Council Meeting On June 15, 1992 Regarding Dispatch Service Action - (c) Consideration of Proposed HCDC And HRA Changes In Organizational Structure And Employment of Full -Time Director Action - (d) Consideration of Application to Minnesota Pollution Control Agency to Accept Leachate from McLeod County Landfill Action - Motion to reject - Motion to approve (e) Consideration of Lease Agreements with School District Action - Motion to reject - Motion to approve and enter into agreements (f) Consideration of Downtown Life Safety Grant Program • Action - Motion to reject - Motion to approve - Motion to order plans and specifications and advertise for bids (g) Consideration of City Removing Interest Charges On Repayment of Loan for Burns Manor Nursing Home Action - Motion to reject - Motion to approve (h) Consideration of Ordering Preparation of Assessment Roll And Setting Assessment Hearing for Letting No. 4, Project No. 92 -07 (First Avenue N.E.) Action - Motion to reject - Motion to approve roll preparation and hold hearing - Motion to waive reading and adopt Resolution (i) Consideration of Receiving Report And Waiving Hearing And Approving Plans And Specifications And Ordering Advertisement for Bids On Letting No. 12, Project No. 92 -18 (Hutchinson Utilities) Action - Motion to reject - Motion to approve and accept report/plans & specifications and advertise for • bids - Motion to waive readings and adopt Resolutions 3 CITY COUNCIL AGENDA - JUNE 9, 1992 is 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 11 • • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 28, 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 Assistant City Attorney Joseph Paiement. r • • The invocation was given by the Reverend Harold McGowan. 3. MINUTES The minutes of the bid openings of March 17, 1992 and April 13, 1992, continued regular meeting of March 20, 1992, special meeting of April 1, 1992, and regular meeting of April 14, 1992 were approved as distributed. 0100C. M. • (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - MARCH 1992 2. SENIOR ADVISORY BOARD MINUTES OF FEB. 13, 1992 3. PLANNING COMMISSION MINUTES OF MARCH 17 & MARCH 24, 1992 4. AIRPORT COMMISSION MINUTES OF MARCH 2, 1992 5. PARK & RECREATION BOARD MINUTES OF FEB. 26, 1992 6. REPORT OF CITY INVESTMENTS (b) RECONFIRMATION OF APPROVED GAMBLING LICENSE FOR ELKS LODGE AS REQUESTED BY STATE GAMBLING BOARD (c) APPLICATIONS FOR ON -SALE NON - INTOXICATING MALT LIQUOR LICENSES 1. 2. 3. 4. 5. • 6. 7. CROW RIVER COUNTRY CLUB GOD FATHER'S PIZZA GOLD COIN PIZZA HUT LITTLE CROW BOWLING LANES LAMPLIGHTER'S LOUNGE II J'S SPORTS BAR A. CITY COUNCIL MINUTES - APRIL 28, 1992 0 (d) APPLICATIONS FOR OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSES 1. CASH WISE FOODS 2. ERICKSON FREEDOM STATION (HWY. 7 & 15) 3. GEORGE'S FOOD & FUEL 4. CITGO- QUIKMART 5. SOUTHTOWN MOBIL 6. TOM THUMB FOOD MARKET 7. SUPERAMERICA (e) APPLICATION FOR PARADE PERMIT 1. AMERICAN LEGION POST 96 - MAY 25, 1992 2. MARCH OF DIMES - MAY 17, 1992 The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to order report and minutes filed, with noted correction to February 26, 1992 Park & Recreation Board Minutes, and to reconfirm and issue licenses and permits, with the exception of J's Sports Bar. . 5. PUBLIC HEARING None. • tilrl! • L • • • (a) CONSIDERATION OF REQUEST FOR JAYCEE WATER CARNIVAL PERMITS: 1. PARADE PERMIT 2. DANCE PERMIT 3. FIREWORKS PERMIT 4. PERMISSION TO CLOSE STREETS AND USE LIBRARY SQUARE Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimous- ly carried, to approve and issue permits and waive fees and rentals. (b) CONSIDERATION OF REQUEST FOR NON - INTOXICATING LIQUOR LICENSE AND SET -UP LICENSE FOR JAYCEE WATER CARNIVAL, JUNE 18 -21, 1992 Following discussion, the motion was made by Councilman . 2 E CITY COUNCIL MINUTES - APRIL 28, 1992 Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve and issue license and waive fees. (c) CONSIDERATION OF REQUEST FOR CITY DONATION TO JAYCEE WATER CARNIVAL Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve a $2,000.00 donation to 1992 Water Carnival. (a) ORDINANCE NO. 92 -54 - SUBDIVISION ORDINANCE, PUBLIC SITE AND OPEN SPACES Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to waive first reading and set second reading for May 12, 1992. (b) RESOLUTION NO. 9698 - REQUESTING MN /DOT FOR COST PARTICIPATION ON T.H. NO. 22 IMPROVEMENTS, LETTING NO. 3, • PROJECT NO. 92 -05 The motion was made by Councilman Lenz, seconded by Coun- cilman Mlinar and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF WELLNESS PROGRAM PROPOSAL (DEFERRED JANUARY 14, 1992) Finance Director Kenneth B. Merrill and Robin Erickson of the hospital staff reviewed the wellness program. Fol- lowing discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve the proposal. (b) CONSIDERATION OF TRANSFER OF CABLE TELEVISION (DEFERRED JANUARY 28, 1992) Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to set May 26, 1992 at 8:00 P.M. for the public hearing. • Dave Roselle of D.D. Cable Partners requested the hearing 3 CITY COUNCIL MINUTES - APRIL 28, 1992 0 be held on May 12, 1992 since the company would be clos- ing on the sale the end of May. He was informed the City must advertise 10 days prior to a public hearing, and there would not be adequate time to meet the paper's pub- lication deadline. (c) UPDATE STATUS OF WORD OF LIFE ISSUES The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to defer. (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to authorize discontinuation of service on May 4 at noon unless other arrangements had been made. (b) CONSIDERATION OF AWARDING BIDS FOR: 1. $605,000 GENERAL OBLIGATION TAX INCREMENT BONDS, • SERIES 1992 Following a presentation by Bond Consultant Bill Fahey, the motion was made by Councilman Erickson to award the bid to Park Investment Corporation and to waive reading and adopt Resolution No. 9707. Motion seconded by Councilman Lenz and unanimously carried. 2. $325,000 GENERAL OBLIGATION REFUNDING RECREATION CENTER BONDS, SERIES 1992 Based on Mr. Fahey's recommendation, the motion was made by Councilman Mlinar to award the bid to FBS Investment Services and to waive reading and adopt Resolution No. 9708. Motion seconded by Councilman Torgerson and unanimously carried. 3. $1,200,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT BONDS, SERIES 1992 Based on Mr. Fahey's recommendation, the motion was made by Councilman Torgerson to award the bid to Norwest Investment Services and to waive reading and adopt Reso- lution No. 9709. Motion seconded by Councilman Mlinar and unanimously carried. • 4 • CITY COUNCIL MINUTES - APRIL 28, 1992 (c) CONSIDERATION OF REVOKATION OF ISSUANCE OF LIQUOR LICENSE TO MARK GAARDER, DBA THE HANGAR BAR 6 GRILL; FLYER'S NIGHT CLUB Mayor Ackland reviewed the issues concerning the license. Mark Gaarder stated he had hired a management company to operate the liquor establishment, and it was headed by Tom Dolder. Building Official Jim Marka commented on a parking prob- lem at the restaurant /bar. He also stated the proposed sliding glass door would require a building permit. If the owner intended to serve liquor outside the establish- ment, he would need a variance on his liquor license. Also, liquor could not be consumed in the volleyball court area outside the building. No action was required at this time. (d) CONSIDERATION OF REVOKATION OF ISSUANCE OF LIQUOR LICENSE TO STEVE PICHA, DBA HUTCH PIZZA, INC.; J'S PIZZA GARTEN/ SPORTS BAR • Mayor Ackland commented on concerns expressed at the last Council meeting in addition to recent information. He suggested a public hearing to revoke the license from be- ing issued and to make it null and void. Mark Carrigan, attorney for Steve Picha, requested that the Council delay any action to enable him to pursue the matter. Following discussion, the motion was made by Councilman Torgerson to set a public hearing for May 26, 1992 at 8:00 P.M. and to direct the City legal counsel and Mr. Picha's legal counsel to meet and discuss the concerns. Motion seconded by Councilman Mlinar and unanimously car- ried. (e) REVIEW OF 1992 GENERAL FUND BUDGET ADJUSTMENTS Finance Director Merrill reported on the 1992 legislative tax bill and the addition of a 6.53 sales tax on all city and county purchases, effective June 1, 1992. He then requested the Council rescind the actions of the March 10 meeting relating to the City budget. . Following discussion, the motion was made by Councilman 5 CITY COUNCIL MINUTES - APRIL 28, 1992 • Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve the request pertaining to areas 1 -3 and recommendations in 4 as presented and contained in the Finance Director's memorandum dated April 23, 1992. (f) CONSIDERATION OF LICENSING FOR REFUSE HAULERS Wayne Albrecht, Junker Sanitation manager, inquired about the pickup of white goods and hard goods as well as the potential of multiple haulers for the City. Following discussion of the proposed licensing ordinance, Councilman Torgerson moved to approve and waive first reading of Ordinance No. 92 -57 and set second reading for May 12, 1992. Motion seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF AUTHORIZING STAFF TO ADVERTISE FOR BIDS FOR INTERIM GARBAGE PICKUP FOR SERVICE BETWEEN JULY 1, 1992 TO OCTOBER 1, 1992 City Administrator Plotz stated the advertisement would be for the same type of service as the City presently had. • Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve advertising. (h) DISCUSSION OF POLICY ALTERNATIVES FOR DELINQUENT AND DEFERRED ASSESSMENTS The motion was made by Councilman Lenz to defer. Motion seconded by Councilman Mlinar and unanimously carried. (i) CONSIDERATION OF POLICY ON TAX FORFEITURE ASSESSMENTS The motion was made by Councilman Torgerson to defer. Motion seconded by Councilman Erickson and unanimously carried. (j) CONSIDERATION OF ADVERTISING FOR BIDS TO PURCHASE COMBINATION JET AND VACUUM TRUCK Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve advertising for bids. • M 0 CITY COUNCIL MINUTES - APRIL 28, 1992 RECESS: The City Council adjourned at 9:55 P.M. for a recess and reconvened at 10:10 P.M. (k) DISCUSSION OF HUTCHINSON AREA TRANSPORTATION SERVICES FACILITY REPORT Engineer Rodeberg reported on the proposed joint facility between city /county /state and the potential savings. He requested authorization to proceed to the next step of site selection to do soils and environmental studies. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve proceeding to next step. (1) CONSIDERATION OF RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT FOR LETTING NO. 9, PROJECT NO. 92 -14 & 92 -15 Following Engineer Rodeberg's report on the project, the motion was made by Councilman Torgerson to approve and accept the engineer's report, to do work on project No. 92 -14 only, and to waive reading and adopt Resolution setting a hearing. Motion seconded by Councilman Lenz. • The motion was withdrawn. Councilman Torgerson moved to accept the waiver for a hearing, to order plans and specifications for project No. 92 -14, and to waive readings and adopt Resolutions No. 9699 and No. 9700. Motion seconded by Councilman Mlinar and carried, with Councilman Erickson abstaining from voting. (m) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON LETTING NO. 4, PROJECT NO. 92 -07 Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve plans and specifications, to adver- tise for bids, and to waive reading and adopt Resolution No. 9701. (n) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 1, PROJECT NO. 92 -01 Following discussion, the motion was made by Councilman Lenz, seconded by Councilman Mlinar and unanimously car- ried, to approve preparation of Assessment Roll No. 275A, CITY COUNCIL MINUTES - APRIL 28, 1992 • to hold a hearing on May 12, 1992 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9702 and No. 9703. (o) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 1, PROJECT NO. 92 -03 AND NO. 92 -04 Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to approve preparation of Assessment Roll No. 275B, to hold a hearing on May 12, 1992 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9704 and No. 9705. (p) CONSIDERATION OF AWARDING LETTING NO. 1 /PART B FOR PROJECT NO. 92 -03, PRIEBE ADDITION AND PROJECT NO. 92 -04, BETKER'S SECOND ADDITION The motion was made by Councilman Mlinar, seconded by Councilman Lenz and unanimously carried, to table. (q) CONSIDERATION OF APPROVING MN /DOT TRAFFIC CONTROL SIGNAL . AGREEMENT FOR LETTING NO. 5, PROJECT NO. 92 -08, MAIN STREET (TH 15) TRAFFIC CONTROL AND SIGNAL IMPROVEMENTS Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimous- ly carried, to approve and enter into agreement and to waive reading and adopt Resolution No. 9710. (r) DISCUSSION OF GIS /GPS DEVELOPMENT Engineer Rodeberg reported on the study for development of a geographic information system data base map and system. The Hutchinson Utilities Commission provided funding to complete the GIS data base map ($27,500 esti- mated total cost), with the understanding that the City would pay for its share of the costs at some future time. No action was required. (s) DISCUSSION OF TREBELHORN /BRANDT ENCROACHMENT AND DRAINAGE ISSUE Mr. & Mrs. Robert Brandt, 735 Church Street, stated their neighbor had violated his building permit with a two foot encroachment onto the Brandt property. • 8 • CITY COUNCIL MINUTES - APRIL 28, 1992 The Assistant City Attorney stated there were three vio- lations: (1) a trespass claim against Trebelhorn, (2) violation of building permit, with potential of an in- junction to remove the additional concrete, and (3) drainage onto the Brandt property. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to begin legal proceedings against Trebelhorn. (t) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY FRANCIS CONDON ON HWY. 15 NORTH FOR MINI- STORAGE WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the recommendation to reject. (u) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD SMITH ON ROBERTS ROAD WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION . Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the recommendation to reject. • (v) CONSIDERATION OF VACATION OF UTILITY EASEMENT REQUESTED BY RICHARD SMITH IN STONEY POINT THIRD ADDITION WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the recommendation to reject. (w) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL FOR CONSTRUCTION OF CAR WASH ON HWY. 7 WEST WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the recommendation to reject. (x) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF FIRST ADDITION TO PETERSON TERRACE SUBMITTED BY REDMAN REAL ESTATE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman CITY COUNCIL MINUTES - APRIL 28, 1992 Mlinar, seconded ried, to approve adopt Resolution by Councilman Lenz and unanimously car - the final plat and to waive reading and No. 9706. (y) CONSIDERATION OF PRELIMINARY PLAT OF GOLF VIEW SUBDIVISION SUBMITTED BY KEVIN COMPTON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Councilman Lenz to approve the preliminary plat and to waive reading and adopt Resolution No. 9711. Motion seconded by Coun- cilman Torgerson and carried, with Councilman Erickson abstaining from voting. (z) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY SKIP QUADE, ACOMA TOWNSHIP, TWO MILE RADIUS, WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION Skip Quade appealed the Planning Commission's recommenda- tion to reject his preliminary plat. During discussion Engineer Rodeberg expressed concerns about future prob- lems with the septic system and the small lot size. The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to approve the preliminary plat and refer to the County with the stipulations that there be a subdivision agreement and certified septic systems installed by certified install- ers. (aa) CONSIDERATION OF SKETCH PLAN SUBMITTED BY DAN HUEBERT, ACOMA TOWNSHIP, TWO MILE RADIUS, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to refer to the County with no objection. (bb) CONSIDERATION OF ONE -TIME SIX MONTH VARIANCE EXTENSION FOR CEDAR CREST ESTATE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to approve. (cc) CONSIDERATION OF REZONING FROM AGRICULTURAL TO RESIDENTIAL REQUESTED BY SKIP QUADE, TWO MILE RADIUS, WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION 10 • • • CITY COUNCIL MINUTES - APRIL 28, 1992 C1 J The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to refer to the County with a favorable recommendation. (dd) CONSIDERATION OF CONDITIONAL USE PERMIT FOR FEED LOT REQUESTED BY TIM ALBRECHT, TWO MILE RADIUS, WITH UNFAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to refer to the County with unfavorable recommendation. (ee) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE MOBILE HOME REQUESTED BY OLIVER JOHNSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Councilman Lenz, seconded by Coun- cilman Erickson and unanimously carried, to refer to the County with no objection. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz commented on a recycling problem at the Civic Arena and suggested several solutions. The motion was made by Councilman Erickson to eliminate the recycling bins from the present site and locate them at the compost site through the summer, with a monitor. Mo- tion seconded by Councilman Mlinar and unanimously car- ried. (b) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar commented on the recent meeting regard- ing the dam and commended the Director of Engineering on how he handled it. (c) COMMUNICATIONS FROM COUNCILMAN MARLIN TORGERSON Councilman Torgerson mentioned the discussion of pigeons in the downtown area at the Safety Council meeting. He stated something needed to be done. (d) City Attorney Anderson reported he would prepare some material on the Word of Life issue for the next meeting. 11 CITY COUNCIL MINUTES - APRIL 28, 1992 • (e) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on the layout for the Adams Street project. He stated the County Board authorized the north two blocks of Jefferson as a temporary county road during the detour. Therefore, the County will do repair work on it, and there was a written agreement be- tween the state and county regarding maintenance. The Director of Engineering stated two bids were received to seal the well located at the Dairy Queen. Twin City Testing submitted a bid for $1,500, and L.T.P. had a bid for $150. The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to award the bid to L.T.P. 12. (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. There being no further business, the meeting adjourned at 11:25 P.*M. 12 • MINUTES • REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 12, 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. 2. The invocation was given by the Reverend Robert Brauer. 3. MINUTES No minutes were available. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - APRIL 1992 2. HOSPITAL /NURSING HOME BOARD MINUTES OF FEBRUARY 18, MARCH 17, AND APRIL 1, 1992 The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to order the report and minutes filed. 5. PUBLIC HEARING - 8:00 P.M. (a) INTOXICATING LIQUOR LICENSE APPLICATION FOR LAMPLIGHTER LOUNGE II LOCATED IN PLAZA 15, GARY LANDREVILLE, OWNER Mayor Ackland called the hearing to order at 8:00 P.M. and read the notice of public hearing, Publication No. 4372. The applicant, Gary Landreville, stated he planned a June 15 opening of the lounge, and his two sons would be the managers. The motion was made by Councilman Erickson to close the hearing at 8:03 P.M. Motion seconded by Councilman Tor - gerson and unanimously carried. The motion was made by Councilman Erickson, seconded by Councilman Torgerson, to approve and issue the license. The motion was amended by Councilman Erickson to show proof of the manager's residency in Hutchinson. Amended 1�j CITY COUNCIL MINUTES - MAY 12, 1992 . motion seconded by Councilman Torgerson and unanimously carried. Main motion unanimously carried. (b) PROPOSED TRANSFER OF CABLE FRANCHISE The hearing was called to order at 8:05 P.M. Mayor Ack- land read the notice of hearing, Publication No. 4375. Attorney Anderson presented a favorable recommendation from Moss & Barnett. It was the unanimous recommendation of the HCVN Technical Proposal Review Committee to ap- prove the transfer of the cable franchise to D.D. Cable Partners. Residents submitted a petition requesting cable access to the Midwest sports channel. Following discussion, Councilman Torgerson moved to close the hearing at 8:07 P.M. Motion seconded by Councilman Lenz and unanimously carried. The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to approve the • transfer to D.D. Cable Partners and to waive reading and adopt Resolution No. 9723. (c) ASSESSMENT ROLL NO. 275A, LETTING NO. 1, PROJECT NO. 92 -01 Mayor Ackland called the hearing to order at 8:15 P.M. and read the notice of hearing, Publication No. 4369. Engineer Rodeberg commented on the breakdown of costs and stated most of the funding would come from the state aid funds. The motion was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried, to close the hearing at 8:23 P.M. Councilman Torgerson moved to approve and adopt Roll No. 275A, to award the contract, and to waive reading and adopt Resolution No. 9719. Motion seconded by Councilman Erickson and unanimously carried. (d) ASSESSMENT ROLL NO. 275B, LETTING NO. 1, PROJECTS NO. 92 -03 & 92 -04 The hearing was called to order at 8:25 P.M., and Mayor Ackland read notice of hearing, Publication No. 4370. 2 CITY COUNCIL MINUTES - MAY 12, 1992 The motion was made by Councilman Erickson, seconded by • Councilman Lenz and unanimously carried, to close the hearing at 8:26 P.M. Councilman Erickson moved to approve and adopt Roll No. 275B, to award the contract, and to waive readings and adopt Resolutions No. 9720 and No. 9721. Motion seconded by Councilman Lenz and unanimously carried. C�K•]y1, N31•11*1 .' _ • • None. (a) ORDINANCE NO. 92 -54 - SUBDIVISION ORDINANCE, PUBLIC SITE AND OPEN SPACES The motion was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried, to waive second reading and adopt ordinance. (b) ORDINANCE NO. 92 -57 - ORDINANCE ESTABLISHING LICENSING FOR REFUSE HAULERS Following discussion, the motion was made by Councilman • Torgerson to authorize extending to Junker interim haul- ing on the residential side alone and for apartment buildings of four or less units at the present rate, with the exclusion of trailer courts since they are considered commercial property. Motion seconded by Councilman Mlinar and unanimously carried. Councilman Lenz moved to waive first reading of the re- vised ordinance and set second reading for May 20, 1992. Motion seconded by Councilman Torgerson and unanimously carried. (c) ORDINANCE NO. 92 -58 - ORDINANCE GRANTING MAINSTREET ASSOCIATION THE RIGHT TO MAINTAIN A POPCORN WAGON IN LIBRARY SQUARE During discussion of Section 6, it was the consensus of the Council that a Resolution would be needed to approve a lease arrangement for the popcorn wagon on a yearly basis. The motion was made by Councilman Lenz, seconded by Coun- cilman Torgerson and unanimously carried, to waive first reading and set second reading for May 26, 1992. 0 3 CITY COUNCIL MINUTES - MAY 12, 1992 10 (d) RESOLUTION NO. 9712 - RESOLUTION FOR PURCHASE The motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to waive reading and adopt. (e) RESOLUTION NO. 9713 - ARBOR DAY PROCLAMATION The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. (f) RESOLUTION NO. 9714 - RESOLUTION ACCEPTING PLEDGED SECURITIES FROM MARQUETTE BANK OF HUTCHINSON The motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (g) RESOLUTION NO. 9722 - RESOLUTION OF APPRECIATION FOR ASSISTANCE FROM MCLEOD COUNTY RECORDER'S OFFICE The motion was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried, to waive read- ing and adopt. (h) RESOLUTION NO. 9725 - RESOLUTION TO DECERTIFY ASSESSMENTS DUE AND PAYABLE IN 1992 FOR THIRD AVENUE N.W. /DAKOTA RAIL, INC. The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to waive reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF POLICY ON TAX FORFEITURE ASSESSMENTS (DEFERRED APRIL 28, 1992) Finance Director Kenneth B. Merrill presented the pro- posed policy which would apply to any tax forfeited prop- erty, including the recent sale of forfeited property. Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried, to approve staff recommendations. r1 U 4 • • u CITY COUNCIL MINUTES - MAY 12, 1992 (b) DISCUSSION OF POLICY ALTERNATIVES FOR DELINQUENT AND DEFERRED ASSESSMENTS (DEFERRED APRIL 28, 1992) Following discussion, no action was taken. The City Attorney will meet with the County Attorney, County Aud- itor, Mayor Ackland, Administrator Plotz and Director Merrill to further discuss the issue and county policies. 9. NEW BUSINESS (a) CONSIDERATION OF SETTING SPECIAL CITY COUNCIL MEETING TO AWARD CONTRACT FOR WATER /SEWER EQUIPMENT The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve and set a special meeting for 12:00 noon on May 20, 1992. (b) CONSIDERATION OF SUBDIVISION AGREEMENT FOR FIRST ADDITION TO PETERSON TERRACE The motion was made by Councilman Erickson, seconded by Councilman Lenz and unanimously carried, to approve the subdivision agreement. (c) CONSIDERATION OF POLICE DEPARTMENT POLICY AND INTER- AGENCY AGREEMENT Police Chief Steve Madson, Officer David Erlandson, and Heidi Nelson from the hospital mental health unit, pre- sented the guidelines for debriefing and the inter - agency agreement. The hospital will charge a $200 fee for the actual debriefing session. Following discussion, the motion was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried, to approve and enter into agreement. (d) CONSIDERATION OF APPROVING DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR HUTCHINSON MUNICIPAL AIRPORT Following discussion, the motion was made by Councilman Erickson to approve, seconded by Councilman Mlinar and unanimously carried. (e) CONSIDERATION OF APPLICATION FOR TRANSIENT MERCHANT LICENSE FOR RICHARD SEIPEL, DBA THE COUNTRY STOP 5 CITY COUNCIL MINUTES - MAY 12, 1992 • Following discussion, the motion was made by Councilman Torgerson to approve and issue license, contingent upon designation of location. Motion seconded by Councilman Mlinar and unanimously carried. (f) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 2, PROJECTS NO. 92 -02 & 92 -09 Following discussion, Councilman Torgerson moved to table to special meeting on May 20, 1992. Motion seconded by Councilman Mlinar and unanimously carried. (g) CONSIDERATION OF AWARDING LETTING NO. 7 & NO. 7B, PROJECT NO. 92 -12 & 92 -12B (DOWNTOWN REDEVELOPMENT- -PHASE II DEMOLITION /PURCHASE AND REMOVAL) Following discussion, Councilman Mlinar moved to table to special meeting on May 20, 1992. Motion seconded by Councilman Lenz and unanimously carried. (h) CONSIDERATION OF AWARDING LETTING NO. 8, PROJECT NO. 92 -13 (NORTH PARK TENNIS COURT REHABILITATION) • Following discussion, the motion was made by Councilman Lenz to approve and award contract to Mid Minnesota Hot Mix, Inc. for $19,520 and to waive reading and adopt Resolution No. 9718. Motion seconded by Councilman Erickson and unanimously carried. (i) CONSIDERATION OF CONTRACT AGREEMENT WITH BARR ENGINEERI COMPANY FOR OLD LANDFILL MITIGATION FEASIBILITY STUDY During discussion it was determined the City staff should meet with the County Board to discuss cost. Councilman Erickson moved to table. Motion seconded by Councilman Mlinar and unanimously carried. (j) CONSIDERATION OF COST OF LIVING ADJUSTMENT FOR 1992 Following discussion, Councilman Lenz moved to approve a 3.25 percent increase, retroactive to January 1, 1992. Motion seconded by Councilman Torgerson and unanimously carried. • • CITY COUNCIL MINUTES - MAY 12, 1992 • (k) CONSIDERATION OF PROCEDURE FOR ADMINISTERING MERIT PAY Following discussion, Councilman Torgerson moved to fol- low the staff merit recommendation. Motion seconded by Councilman Erickson and unanimously carried. (1) CONSIDERATION OF REQUEST BY ALLEN REINER TO CONSTRUCT A PRIVATE HANGAR AT HUTCHINSON MUNICIPAL AIRPORT Allen Reiner stated he was looking for a City policy on private hangars at the municipal airport. Following discussion, Councilman Torgerson moved to defer until City staff could present a recommendation. Motion seconded by Councilman Mlinar and unanimously carried. (m) DISCUSSION OF RELOCATION OF HUTCHINSON IRON & METAL Administrator Plotz stated the relocation would be con- tingent upon a Planning Commission hearing for a condi- tional use permit. Following discussion, it was the con- sensus of the Council that the HCDC work with the owner to begin the process. No action was taken. (n) DISCUSSION OF LIQUOR STORE REGARDING PROPOSED DOOR ACCESS INTO GROCERY STORE City Attorney Anderson reviewed the State Statute on this issue and was doing further research. No action was taken. (o) CONSIDERATION OF PURCHASE AGREEMENT FOR LIQUOR STORE CONDOMINIUM Following discussion, the motion was made by Councilman Torgerson to approve and enter into agreement. Motion seconded by Councilman Lenz and unanimously carried. (p) DISCUSSION OF STEVE PICHA INTOXICATING LIQUOR LICENSE Administrator Plotz stated he was contacted by the Department of Revenue regarding no filing of sales tax by Hutch Pizza, Inc. for January, February and March. He was told a business partner /officer would be held per- sonally liable for the sales tax, which would affect Mr. Picha. 7 CITY COUNCIL MINUTES - MAY 12, 1992 0 Mayor Ackland requested a verification in writing from the Department of Revenue stating Mr. Picha would not be held liable. Otherwise, he would not agree to the City issuing a liquor license. Attorney Anderson recommended Mr. Picha determine the status of the following three areas for further discus- sion at the special meeting on May 20, 1992: (1) 1992 sales tax for January- March; (2) past due taxes for 1991; and (3) Liquor Control stamp to resell alcoholic bever- ages. Following discussion, Councilman Torgerson moved to issue a liquor license after it was determined that a liquor stamp would be issued and the Department of Revenue did not hold Mr. Picha responsible for sales tax in January through March, 1992. Motion seconded by Councilman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz commented on a memorandum received from a the City Attorney. (b) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson commented on the Word of Life agreement and recommended the following changes: (1) collection of the reference to purchase at a tax forfeiture as sale; (2) reduction of the interest rate to 7 percent; and (3) elimination of the reference to the due on sale clause. Following discussion, Councilman Erickson moved to accept the City Attorney's recommendations. Motion seconded by Councilman Torgerson and unanimously carried. (c) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING Engineer Rodeberg commented on a complaint regarding dust control in the area of 3M. He stated this project was dropped for 1992, but it was in the planning for next year. The City Engineer questioned if chemicals should be put on the affected streets in the area. He reported the sidewalk on Fifth Avenue would be removed and gravel put down. u CITY COUNCIL MINUTES - MAY 12, 1992 • (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland commented on holes around the manholes on Century Avenue. He had received a complaint regarding the smell from the spreading of sludge from the waste- water treatment plant. 12. • • (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. There being no further business, the meeting adjourned at 11:15 P.M. Q r� LJ MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL MAY 20, 1992 - 12:15 P.M. Mayor Ackland called the meeting to order at 12:15 P.M. The following were present: Mayor Paul L. Ackland, Councilmen Craig Lenz, Marlin Torgerson and Don Erickson. Absent: Councilman John Mlinar. Also present: City Administrator Gary D. Plotz and City Engineer John Rodeberg. 1. DISCUSSION OF STEVE PICHA INTOXICATING LIQUOR LICENSE Following discussion, no action was taken. 2. ORDINANCE NO. 92 -57 - ORDINANCE ESTABLISHING LICENSING FOR REFUSE HAULERS The motion was made by Councilman Erickson, seconded by Coun- cilman Torgerson and unanimously carried, to waive second reading and adopt and to publish ordinance in the newspaper. 3. CONSIDERATION OF AWARDING CONTRACT FOR WATER /SEWER EQUIPMENT (BIDS OPENED MAY 18, 1992) Following discussion, Councilman Erickson moved to award con- tract to ABM Equipment & Supply Company for a total price of $133,220, which includes the trade -in of the City's unit for a 1991 demonstration model, truck mounted sewer and catch basin cleaner. Motion seconded by Councilman Torgerson and unanimously carried. Councilman Erickson moved to approve Doug Meier, Ken Wichter- man and Merle Meece be allowed to travel to the Vactor Factory in Streator -, Illinois, to pick up the unit and receive in- house training in the operation and repair of this machine. Motion seconded by Councilman Lenz and unanimously carried. 4. CONSIDERATION OF AWARDING LETTING NO. 7 AND NO. 7B, PROJECT NO. 92 -12 AND 92 -12B (DOWNTOWN REDEVELOPMENT - PHASE II DEMOLITION /PURCHASE AND REMOVAL) (DEFERRED MAY 12, 1992) Following discussion, Councilman Torgerson moved to award the project No. 92 -12 contract to Towne Construction for $57,660. Motion seconded by Councilman Lenz and unanimously carried. Following discussion of damage done to Wigen's metal building after bids were received, the motion was made by Councilman Erickson to approve the deducted bid price of $7,842.78 to Daniel Wuotila for project No. 92 -12B. Motion seconded by Councilman Torgerson and unanimously carried. M SPECIAL CITY COUNCIL MEETING - MAY 20, 1992 5. CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL AND SETTING ASSESSMENT HEARING FOR LETTING NO. 2, PROJECTS NO. 92 -02 AND 92 -09 (DEFERRED MAY 12, 1992) Following discussion, Councilman Lenz moved to approve roll preparation, to hold a public hearing on June 9, 1992 at 8:00 P.M., and to waive readings and adopt Resolutions No. 9715 and No. 9716. Motion seconded by Councilman Torgerson and unani- mously carried. 6. CONSIDERATION OF REQUEST FROM MCLEOD COUNTY AGRICULTURAL ASSOCIATION TO WAIVE REZONING FEE Following discussion, the motion was made by Councilman Tor - gerson, seconded by Councilman Erickson and unanimously car- ried, that the McLeod County Agricultural Association reim- burse expenses. 7. ADJOURNMENT There being no further business, the meeting adjourned. \J u urscununuea issuing permits ❑ Merged with another system ❑ Split into two or more systems ❑ Annexed land areas , PLEASE COMPLETE AND MAIL ❑ Had other changes THIS FORM ON OR BEFORE I JUNE 4• 1992 1 permits were issued during Bureau of the Census Instructions are included. For eriod, mark (Xj in the box ❑ 1201 East 10th Street further assistance, cell collect return this form r r Jeffersonville, IN 47132 -0001 13011763-7244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED HOUSEKEEPING Item Number of Number of BUILDINGS Valuation of Valuation of No. Buildings Housing construction Buildings Housing construction units Omit cents units Omit cents (a) (b) (cl id) let III 191 Single-family houses, detached Exclude mobile homes. 101 Single - family houses, attached - Separated byground to roof wall, -No units above or below, and - Separate heating systems and utility meters. (Count each unit as a separate building) 102 Two - family buildings 103 Three- and four - family buildings 104 Five -or -more family buildings 105 TOTAL — Sum of 101 —105 0- 1091 3 3 1 291,527 NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED NONHOUSEKEEPING Item Number of Number of BUILDINGS Valuation of Veluetionof Buildings Rooms Buildings Rooms No. construction Omit cents construction Omit cents la) (bl Ic) Idl let If) Ig) H ,motels, and tourist cabins (tr sient accommodations only) 213 Other nonhousekeeping shelter 214 NEW PRIVATELY OWNED PUBLICLYOWNED NONRESIDENTIAL BUILDINGS Item Number Valuation of Number Valuation of No, of construction of construction buildings Omit cents buildings Omit cents (al (bl Ic) (d) lei Amusement, social, and recreational 318 Churches and other religious 319 Industrial 320 Parking garages (buildings and open decked) 321 Service stations and repair garages 322 Hospitals and institutional 323 Offices, banks, and professional 324 Public works and utilities 325 Schools and other educational 326 Stores and customer services 327 Other nonresidential buildings 328 Struclures other than buildings 32g ADDITIONS, PRIVATELY OWNED PUBLICLY OWNED ALTERATIONS, AND CONVERSIONS Item Number Valuation of Number Valuation of No, of construction of construction buildings Omit cents buildings Omit cents lei lb) fcl dl lei R, ntial — Classify additions of garages and car orts in item 438. 434 - '4ential and nonhousekeeping 437 - -- -lial garages and carports / cc: ached) 438 § 58 284 eerrreca c,..� blUN-13, - s - - - nr EASECAvrwnr nu YC'3, Tntdl Pettnitt 75 Tn }al Va L,a +inn •ioo err nn DEMOLITIONS AND PRIVATELY OWNED PUBLICLY OWNED Number of Number of RAZING OF Item Housing Housing BUILDINGS No. • Buildings units Buildings units (a) (b) (c) (d) lei Single- family houses (attached and detached) 645 Two - family buildings . 646 Three- and four - family buildings 647 Five-or -more family buildings 648 All other buildings and structures 649 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT $500,000 OR MORE Please provide the following information for each permit authorizing construction valued at $500,000 or more entered in sections I through IV. Item Number of No. Owner- Valuation of from Description Name and address of owner or builder ship Mark (X) construction Housing Buildings sec. one Omit cents units I —IV le) (b) (c) (d) (e) If) I ) Kind of building ----------------- -------------------- ❑Private ___ ________________________ ___ ____ Site address ___________________ E-1 Public $ Kind of building ❑Private Site address --- - - - - -- ❑ Public $ Kind of [wilding ____ __________________ __ _____ ______ ❑Private --------------------------------- Site address - ❑Public $ Kind of building -- -- - -- - --- ❑ Private __ _____________________________ __ Sits address ---------------------___ ❑Public is Kind of building ____ _______________________________ ❑Private Site address ____ _______________________________ El Public $ Kind of building - --- - - - --- ❑ Private Site address - ❑ Public $ Kind of building ❑ Private ------------------------Si_______ Ste address $ Kind of building ____ ____________________________ _ __ []Private -------------------------------------------------------------- Site address 13 Public Kind of building ---- -- ❑ Private ____------------------------ Sits address ______ ----- El Public Comments HUTCHINSON COMMUNITY HOSPITAL/ • BURNS MANOR NURSING HOME REGULAR BOARD OF DIRECTORS MEETING - April 21, 1992 BMNH Multipurpose Room - 5:30 p.m. Present: Dori Johnson, President; Rich Myers, Vice President; Jim Mills, Secretary; Elaine Black, Trustee; Rev. Thar Skeie, Trustee; Roger Gilmer, Trustee; Mike Carla, Trustee; Marlin Torgerson, Trustee; Dr. John Zenk, Chief of Medical Staff Absent: None Others Present: Philip G. Graves, CEO; Robert Koepcke, BMNH Administrator; Karen Malmsten, Director of Finance; Jane Lien, Director of Nursing Services; Jan Luthens, BMNH Director of Nursing; Elaine Schermann, Director of Rehab /TQM; Linda Ziemer, Personnel Director; Robyn Erickson, Director of Education and Marketing; Tim Benoit, KDUZ Radio; Laurie Hulkonen, Recording Secretary Prior to the meeting, orientation was held for former hospital board members who presently serve on the board. A tour of the facility and an explanation of services provided in each area were included. The group thanked Koepcke and his staff for their efforts in providing the orientation and supper. Following orientation, the meeting was called to order by President Johnson at 5:45 p.m. Minutes of Past Meetings. Minutes of the March regular meeting the April 1 executive committee meeting were reviewed. Following discussion: Motion was made by Mills, seconded by Torgerson, to approve the minutes of the March 17 regular meeting of the board of directors and the April 1 executive committee meeting as presented. All were in favor. Motion carried. Medical Staff Meetina Minutes. Dr. Zenk presented the minutes of the April meeting of the HCH medical staff. The medical director of the Minnesota peer review organization spoke to the group regarding their organization, processes and goals for the future. In other discussions, it was noted that delinquent records remain at a fairly low level (80 -81). Approval was given of a new form for Rehab patients which will help streamline the process. The environmental services committee approved the new infection control policy. The remaining committees did not meet during the month. He told the board members that the medical staff will be voting on chiropractor privileges next month. Zenk also gave a brief recap of the first meeting of the physician task force for the merger of LifeSpan and Health One. The meeting took place last Friday, where they learned the group will report directly to the LifeSpan board, not just to a vice president. He relayed full consideration of rural hospitals is being given in this merger, and two more meetings are coming up for the group. It was noted that Health One doctors are fairly concerned about the merger. Old Business A. Mammography Machine. Graves informed the board the hospital did not sell the mammography machine discussed at the previous meeting. City Attorney Barry Anderson was consulted as to whether this would be proper, and he saw no restrictions on making such a gift. He did, however, suggest the hospital pursue other legitimate purchasers before donation, so Radiology staff are presently advertising the equipment. �1 -74 - (2) CRegular Board of Directors Meeting - 4/21/92 Page Two New Business A. Burns Hanor Protect. Koepcke led discussion on remodeling to be completed at Burns Manor for compliance with the Americans with Disabilities Act and in other areas as desired. Targeted for first priority were the lower -level restrooms and the nearby hallway and stairwells. A cost estimate of $35,500 was given for ADA compliance in the stairwells, hallway and bathrooms. A second request for remodeling in the Laundry, including new cupboards, cabinetry and floor, would cost approximately $9100. Third priority were gutters and downspouts for the east side of the building, which sometimes is flooded when heavy rainfall is received. Another priority briefly discussed was replacement of the current nurse call system. He requested board approval on the lower -level restroom /hallway/ stairwell project. Fifty- thousand dollars is available from the Zeleny trust for financing the project; however, Koepcke relayed he wished to keep $10,000- 15,000 in the fund to comfortably manage purchase of the tub needed on the west wing. Much discussion ensued on which projects to undertake with the current funds available. Suggestion was made to look at alternative financing for some of the work, and a plan will be worked out for financing. Following considerable discussion: Motion was made by Myers, seconded by Skeie, to authorize ( remodeling of the lower -level restroom /hallway /stairwell project for compliance with the American with Disabilities Act (ADA). • The projects were further discussed. Myers stated he thought the laundry remodeling would hold more value in improving thF employees' work environment. Carls asked if the laundry and the lower level restrooms /stairwell /hallway could be done. Gilmer questioned whether gutters ought to be done first to help alleviate water problems on that side of the facility, and consensus was that this should be done to prevent further damage the physical plant. Following further discussion: Motion was made by Myers, seconded by Torgerson to amend the first motion to include approval for remodeling of lower level restrooms, nearby hallway and stairwell, and adding gutters and downspouts on the east side of the building. All were in favor. Motion carried. Koepcke also circulated the resident list to board members for their review, and information available from the new case mix computer was discussed. B. Health Insurance for Burns Manor. Ziemer presented a comparison of the current hospital and nursing home health insurance plans. The organization is considering different options as HCH's plan is up for renewal in September of this year. Of 130 BMNH employees, only 19 are enrolled in health plan now. Personnel looked at BMNH potential enrollment compared to the percentage of HCH employees enrolled. Cost estimates were based on BMNH employees working 32 hours per week, 55% of those eligible employees taking • single coverage, and 45% taking family coverage. Johnson asked why this ( Regular Board of Directors Meeting - 4/21/92 • Page Three (B.) would be based on 32 hours at BMNH while HCH's eligibility is only 24 hours per week. Ziemer responded that affordability of enrolling a number df people in this plan plays a factor; it will cost the organization $189,000 for health insurance coverage at these rates, and there is reluctance to take benefits away from employees. She relayed that health coverage costs may be lowered by increasing the employee's deductible to $200, versus the hospital's current $100 deductible, which is considered "rich" for our marketplace. Graves relayed that LifeSpan will provide some resources for creating a long -range plan for health insurance coverage for the organization, and the plan will be brought back to the board for approval when completed. C. Endoscope Purchase. A capital expenditure request was presented from Surgery to purchase an colonoscope for use in endoscopy procedures at the hospital. Zenk spoke in favor of the purchase and noted the advantages of the proposed colonoscope in performing an increasing number of procedures. Following discussion: Motion was made by Torgerson, seconded by Skeie, to approve purchase of the proposed colonoscope at a cost of $12,400. All were in favor. Motion carried. D. Delay in Hospital Salary Increases. A recommendation to delay 1992 hospital salary increases for six months, made by Administration and discussed with the officers of the board earlier in the month, was presented for official approval. Minutes of the task force's meeting, which highlighted the lower- than - expected hospital revenues for the first quarter of 1992, were reviewed. It was noted that Burns Manor employees will receive their salary increases on July 1, as planned, with no delay. Following discussion: Motion was made by Torgerson, seconded by Mills, to approve a six - month delay in 1992 salary increases due to lower than expected hospital revenues during the first three months of 1992. All were in favor. Motion carried. E. First Ouarter Goals Status Report. Graves presented and discussed progress made during first quarter toward achievement of 1992 operational goals. Following discussion: Motion was made by Zenk, seconded by Skeie, to approve as presented the first quarter report on 1992 operational goals. All were in favor. Motion carried. F. Continuing Education Report by Roger Gilmer. Gilmer relayed that he was unable to report at this time but would, instead, report to the board regarding Oregon's health plan at the May meeting. G. Pharmacy Remodeling. Graves briefly described preliminary plans for remodeling of the Pharmacy and Purchasing areas. It was agreed that the board will tour these areas prior to the meeting next month and review preliminary plans at that time. H. Other 1. BMNH Loan Interest. Gilmer and Graves reported on their recent discussion with Mayor Paul Ackland regarding the $90,000 borrowed by the nursing home prior to the merger from the City at 8% Interest. The City Attorney and City's director of finance were asked if they would remove the interest charges. They responded (3� Regular Board of Directors Meeting - 4/21/92 Page Four • (H) (1.) by asking that the HCH /BMNH board send a request to the City Council to remove interest charges on that debt. A repayment plan to pay back the loan from the City and pay back the approximate $10,000 to the memorial fund (used to help finance the same project) will be made. Mayor Ackland indicated a willingness to do so in lieu of HCH funds used to pay for costs associated with the merger. Malmsten will work with the City's finance director regarding this. Following discussion: Motion was made by Skeie, seconded by Gilmer, to make a request of the City Council for their forgiveness of past, present and future interest on the $90,000 loan to Burns Manor. All were in favor. Motion carried. 2. Visioning Workshov. Graves relayed that Myers is working with HCH /BMNH to write a vision statement for the organization. There is a need for two representatives from the board to join a group of 12 members of the hospital and nursing home staff in this process. Graves asked President Johnson and Vice President Myers (who will succeed as president on July 1) to take part, and they indicated their consent. It was noted that Dr. Zeak will already take part in this process, along with another physician, as representatives of the medical staff. 3. Resignation of BMNH Administrator. Graves announced to the group ( that Roepcke had submitted his resignation to pursue a career in another profession. Roepcke told the board that the events of the past year had forced him to take stock of his career at BMNH and he determined he would prefer to pursue his first career, that of journalism. President Johnson acknowledged his resignation on behalf of the board and extended their friendship And best wishes to him for his future endeavors. Mills expressed his personal thanks to Roepcke for his work, first in overseeing the remodeling of the nursing home and then following through with the merger activities. The process for filling the BMNH administrator position was discussed. Advertising will take place over the next 30 days; applications will then be reviewed, interviews scheduled, and a candidate hired. Roepcke will continue to work with the HCH Foundation and Burns Manor Memorial Fund to see the merger of those groups through to completion. 4. LifeSpan Update. Myers gave a brief update on the LifeSpan and Health one merger and relayed the merger is planned in two steps. Step one will have LifeSpan becoming part of Abbott Northwestern Hospital, Inc. Following the merger, Abbott Northwestern Hospital, Inc., will merge with Health One and the LifeSpan board members will become voting members of the new company's board. Graves relayed that another offer of affiliation has been placed on the table for HCH /BMNH to consider. This option would have HCH /BMNH become an affiliate of Abbott Northwestern, similar to the manner in which we are now affiliated with VHA. They have presented the same offer to Cambridge and Morris, and Graves ` requested that a delegation from each board most in St. Cloud to discuss the pros and cons. It was agreed that we need to • understand all the alternatives open to us. (4,) 1 Regular Board of Directors Meeting - 4/21/92 • Page Five (H.) (4.) Consensus was to have the officers and upcoming officers meet with Sprenger and other outstate affiliates and report back to the rest of the board at the next meeting. Accounts Payable. The listing of accounts payable and cash disbursements was next presented. Following discussion: Motion was made by Mille, seconded by Zenk, to approve for payment the attached listing of accounts payable and cash disbursements in the amount of $284,112.17. All were in favor. Motion carried. Statistical Report. The report was presented. It was learned that average length of stay was remarkably low for the month and contributed to the bottom line. Percentage of occupancy was 38% for the month. Nursing home statistics showed 11 admissions, compared to 8 for the previous month. Average percentage of occupancy was 97.4 %. The case mix was 2.54. Other hospital statistics showed an increase in surgery visits. It was noted that the hospital had budgeted for cystograms being performed at HCH; since those doctors now perform them in the Medical Center, this has caused a loss of revenue and volumes for the hospital. Lab and Radiology volumes are sporadic. Outpatient visits continued to increase and were at 9111 this year, compared to 8365 for the previous year. Financial Reports. The reports were presented. The combined balance showed cash and short -term investments increased for the month. An increase in cash position of $483,744 was attributed at both facilities due to a decrease in accounts receivable. The combined YTD income statement showed March resulted • in net loss of $6,019 for the combined facility, $81,496 behind budget. The hospital's net income for March was $20,782, $14,459 over budget. Total revenues were under budget. Discounts are also below budget dye to favorable variances in length of stay. An examination of the expense budget showed salaries were under budget because of deference of the salary increase and not filling all requested positions. YTD benefits were under budget because of one -time stop loss payment reimbursement. Benefits are within budget. All other expenses are running close to or below budget. BMNH's net income for the month was $10,814, $4,440 under budget. Auxiliary Meeting Minutes. Minutes of the March auxiliary meeting was presented. No unusual comments were made. Adiournment. Motion was made by Skeie to adjourn the meeting. The meeting then adjourned at 7:55 p.m. Respectfully submitted, \_ _ � au ie Hulkonen � James F. Mills Recording Secretary Secretary LH • r5� HUTCHINSON HOSPITAL AND BURNS MANOR NURSING HC-ME Income Statement for Periods Ended April 30, 1992 and 1991 YTC ANALYSIS - ACTUAL VERSUS BI:DGET • REVENUE 8 EXPENSE TOTAL REVENUE Discounts NET OPERATING REVENUE OPERATING EXPENSES. Salaries Benefits Professional Fees Medical Fees Utilities, Mince Contracts 8 Repairs Food, Drugs S Supplies Other Expenses Depreciation Interest Total Operating Expense OPERATING MARGIN TOTAL OTHER REVENUE (EXPENSE) NET INCOME (LOSS) REVENUE 6 EXPENSE TOTAL REVENUE Discounts NET OPERATING REVENUE OPERATING EXPENSES: Salaries Benefits Professional Fees Medical Fees Utilities, Mince Contracts & Repairs Food, Drugs 8 Supplies Other Expenses Depreciation Interest Total Operating Expense OPERATING MARGIN TOTAL OTHER REVENUE (EXPENSE) NET INCOME (LOSS) • APRIL 92 %o} AFFIL 92 %of Increase Percent Actual Total Bccget Total (Decrease) Variance 26.259 -6.20: 1.617,294 8028% 1.582.413 7,562.268 1CO.00 % 7.907.076 100.00: (344,8C8) - 4.26°6 (1,533.812) - 20.28% ('.563.448) - 21.04 %s 129.636 -7.75% 6,028,456 79.72% 6.243,"029 78.96% (215.172) - 3.15'.6 2948,578 38.99% 3,093.351 39.12% (144,773) -4.68% 611,167 8.C8 % 638.702 8.08% (27,535) -4.91% 224,710 2.97;. 227,745 2.88% (3,035) -1.33% 275,878 3.65% 261,114 3.3C% 14,764 5.E5% 221.637 2.93% 249,534 3.16% (27,897) - 11.18% 903,980 11.95% 851,435 10.77% 52,545 6.17 °6 165,921 2.19: 216,293 2.74% (50,372) - 23,29% 380,302 5.03% 352.840 4.46: 27,462 7.781, 261,039 3.45;. 293,736 3-71% (32.698) - 11.13% &993.212 79.25% 6.1 e4.750 78.22% (191,538) -3.10% 35,244 0.47% 58,878 0.74% (23,633) - 40.14% 29,355 039% 72.945 0.92% (43.530) -597'6 % 64,600 0.85: 131,823 1.67% (67.223) 14,272 MONTHLY Analysis APRIL 92 %of APRIL 92 %of Increase Percent Actual Total Budget Total (Decrease) Varance 2.014,543 1100.00% 2.005.920 100.00;. 8.623 0.43% (397,248) - 19.72% (423.507) - 21.11% 26.259 -6.20: 1.617,294 8028% 1.582.413 78.89: 34.881 2.2C% 739,034 36.668% 780.073 38.89;'. (41,039) -5.26% 162.571 8.07% 160.377 8.00 %. 2.194 1.37% 52.657 2.661% 49,551 2.47% 3.106 6.27% 73,822 3.66% 66.144 3.30% 7,678 11.6'% 54.647 271% 62.388 3.il% (7,741) - 12.41% 254,211 1262%. 216,743 10.81% 37,466 1729% 36,845 1_83% 47.676 238% (10.831) - 22,72% 97,782 4.85% 68,210 4.40% 9.572 10.85% 75.046 3.73% 73.434 3.66% 1,612 2.19: 1,546.814 76.77% '.544.596 77.00 %. 2.018 0.13% 70.680 3.51: 37.817 1,89% 32.863 86.90% (62) -0.00% 18.529 0.92% (18.591) - 100.33% 70,618 3.51% 56,346 281 % 14,272 25.33% HUTCHINSON HOSPITAL Income Statement for Periods Ended April 30, 1992 and 1991 REVENUE 3 EXPENSE TOTAL REVENUE Discounts NET OPERATING REVENUE OPERATING EXPENSES: Salaries Benefits Professional Fees Medical Fees Utilities, Mtnce Contracts & Repairs Food, Drugs & Supplies Other Expenses Depreciation Interest Total Operating Expense OPERATING MARGIN YTD ANALYSIS - ACTUALVERSUS BUDGET APRIL 92 %of APRIL 92 %of Increase Pero Actual Total Budget Total (Decrease) Vanance 5.27;. 311,672 3.71% 272.012 76.78% 5.120,957 6,451,475 100.00% 6,807,510 100.00% (356,035) - 5.23% (1,497,208) -23.21% (1,658,481) - 24.36% 161,273 -9.72% 4,954,268 76.79% 5,149,029 75.64% (194,761) -3.78% 2,350,140 487,989 174,579 275,878 183,414 753,030 148,698 340,004 239,535 4,953,266 1,001 TOTAL OTHER REVENUE (EXPENSE) 19,203 NET INCOME (LOSS) .REVENUE & EXPENSE TOTAL REVENUE Discounts NET OPERATING REVENUE OPERATING EXPENSES: Salaries Benefits Professional Fees Medical Fees Utilities, Mtnce Contracts 8 Repairs Food, Drugs & Supplies Other Expenses Depreciation Interest Total Operating Expense OPERATING MARGIN 36.43% 2,481,077 7.56% 489,448 2.71% 182,080 4.28% 261,114 2.84: 207,150 11.67% 720,046 2.30% 196,358 5.27;. 311,672 3.71% 272.012 76.78% 5.120,957 0.02% 28,072 0.30% 68,613 20.205 0.31% 96,685 36.45% (130,937) -5.28% 7.19% (1,459) -0.30% 2.67% (7,501) -4.12% 184% 14,764 5.65% 3.04% (23,736) - 11.46% 10.58% 32,984 4.58% 2.88% (47,660) - 24.27% 4.58% 28,332 9.09% 4.00% (32,478) - 11.94% 75.23% (167,691) -3.27% 0.41% (27,070) - 96.43% 1.01% (49,410) - 72.01% 1.42% _ (76,480) - 79.10% YTD ANALYSIS - ACTUAL VERSUS PRIOR YEAR ACTUAL APRIL 92 %of APRIL 91 %of Increase Per Actual Total Actual Total (Decrease) Van 6,451,475 (1.497,208) 4,954,268 2,350,140 487,989 174,579 275,878 183,414 753,030 148,698 340,004 239,535 4.953, 266 001 TOTAL OTHER REVENUE (EXPENSE) 19,203 100.00% 5,603,699 - 23.21% (1,089,039) 76.79% 4,514,660 36.43% 2,134,804 7.56% 421,987 2.71% 186,892 4.28% 299,934 2.84% 143,669 11.67% 695,261 2.30% 212.631 5.27% 155,754 3.71% 51,261 76.78% 4,302,193 0.02% 212.467 0.30% 84,324 NET INCOME (LOSS) 20,205 0.31% 296.791 100.00% 847,776 -19.43% (408.169) 80.57% 439,608 38.10% 215,336 7.53% 66,002 3.34% (12,313) 5.35% (24,056) 256% 39.745 12.41% 57,769 3.79% (63,933) 278% 184,250 0.91% 188,274 76.77% 651.073 3.79% (211,466) 1.50% (65,121) 5.30% (276 5861 15.13% 37.48% 9.74% 10.09% 15.64% -6 59% -8 02% 27.66% 8.31% - 30.07% 118.30% 367.28% 15.13% - 99.53% - 77.23% - 93.19% 0 HUTCHINSON HOSPITAL 1P income Statement for Periods Ended April 30, 1992 and 1991 1,476.727 TOTAL REVENUE 256,255 MONTHLY ANALYSIS - ACTUAL VERSUS BUDGET (279,526) OPERATING EXPENSES: (107,398) • 1,346,058 S en etRs 1,197,201 Professional Fees 148,857 12.43:< 590,596 APRIL 92 %df APRIL 92 %of Increase Percent 7.70% Actual Total Budget Total (Decrease) Varlance REVENUE & EXPENSE 3.41% (9,609) - 19.08% 73,822 4.26% 68,867 TOTAL REVENUE 1,732,982 100.00% 1,733,300 100.00% (318) -0.02% Discounts (386,924) - 22.33% (422,276) - 24.36% 35.352 -8.37% NET OPERATING REVENUE 1,346,058 77.67% 1,311,024 75.64% 35,034 2.67% OPERATING EXPENSES: 5.04% 39,091 265% 48,232 123.38% 69,673 Salaries 590,596 34.08% 623.831 35.99% (33,235) - 5.33% Benefits 133.520 7.70% 123.063 7.10% 10,457 8.50% Professional Fees 40,754 2.35% 38,135 2.20% 2,619 6,87% Medical Fees 73,822 4.26% 66,144 3.82% 7,678 11.61% Utilities, Mince Contracts & Repairs 45,372 2.62: 51,792 299% (6,420) - 12.39% Food, Drugs & Supplies 217,132 12.53% 183,683 10.60% 33,449 18.21% Other Expenses 33,582 1.94% 44.342 256% (10,760) - 24.27% Depreciation 87,323 5.04% 77,918 4.50% 9,405 12.07% Interest 69,673 4.02% 68,003 3.92% 1,670 2.46% Total Operating Expense 1,291,775 74.54% 1,276,911 73.67% 14,864 1.16% OPERATING MARGIN 54,283 3.13% 34,113 1.97% 20,170 59.13% TOTAL OTHER REVENUE (EXPENSE) (1,518) -0.09% 17,446 1.01% (18,964) - 108.70% NET INCOME (LOSS) 52,766 104% 51,559 2.97% 1,207 2.34% 1P REVENUE & EXPENSE 1,476.727 TOTAL REVENUE 256,255 Discounts (386,924) NET OPERATING REVENUE (279,526) OPERATING EXPENSES: (107,398) Salaries 1,346,058 S en etRs 1,197,201 Professional Fees Medical Fees Utilities, Mince Contracts & Repairs Food, Drugs & Supplies Other Expenses Depreciation Interest Total Operating Expense OPERATING MARGIN MONTHLY ANALYSIS - ACTUAL VERSUS PRIOR YEAR ACTUAL APRIL 92 %of APRIL 91 %of Increase Percent Actual Total Actual Total (Decrease) Variance 1,732,982 100.00% 1,476.727 100.00% 256,255 17.35% (386,924) - 22.33% (279,526) - 18.93% (107,398) 38.42% 1,346,058 77.67% 1,197,201 81.07% 148,857 12.43:< 590,596 34.08% 536,397 36.32% 54,199 10.10% 133,520 7.70% 109.101 7.39% 24,419 22.38% 40,754 2.35% 50,363 3.41% (9,609) - 19.08% 73,822 4.26% 68,867 4.66% 4,955 7.19% 45,372 2.62% 31,666 2.14% 13,706 43.28% 217,132 1253% 192,445 13.03% 24,687 12.83% 33,582 1.94% 68,567 4.64% (34,985) - 51.02% 87,323 5.04% 39,091 265% 48,232 123.38% 69,673 4.02% 12.987 0.88% 56.686 436.48% 1,291.775 74.54% 1,109.484 75.13% 182.291 16.43% 54,283 3.13% 87,717 5.94% (33,434) - 38.12% TOTAL OTHER REVENUE (EXPENSE) (1.518) -0.26% 14,591 NET INCOME (LOSS) 52766 3.04% 102,308 • 272% (16.109) - 110.40% 6.93% (49,542) - 48.42% BURNS MANOR NURSING HOME lr=me Statemem for Periods Ended April 30, 1992 and 1991 REVENUE S EXPENSE TOTALREVENUE Discounts NET OPE.RATINGREVENUE OPERATING EXPENSES: Salaries Benefits Professional Fees Medical Fees Utilities, Mtnce Contracts & Repairs Food, Drugs & Supplies Other Expenses Depreciation Interest Total Operating Expense OPERATING MARGIN TOTAL OTHER REVENUE (EXPENSE) NET INCOME (LOSS) REVENUE & EXPENSE TOTAL REVENUE Discounts NET OPERATING REVENUE OPERATING EXPENSES: Salaries Benefits Professional Fees Medical Fees Utilities. Mtnce Contracts S Repairs Food, Drugs & Supplies Other Expenses Depreciation Interest Total Operating Expense OPERATING MARGIN TOTAL OTHER REVENUE (EXPENSE) NET INCOME (LOSS) YTD ANALYSIS - ACTUAL VEaSUS BUDGET APRIL 92 %cf APRIL92 %of Increase Actual Total Budget Total (Decrease 1,110,793 (36.604) 1,074.189 598,438 123,178 50,131 0 38,223 150.950 17,223 40,298 21.504 1,039.946 34,243 10.152 4_.395 100,00:'. 1,099,566 - 3.30;. (4.967) 96.70% 1,094,599 53.87% 612.274 11.09% 149,254 4,51% 45.665 0.00% 0 3.=4% 42.384 13.59% 131,389 1.55% 19,935 3.53% 41,168 1.94% 21.724 93. 62% 1,063.793 3.C8% 30,806 0.91% 4,332 4.00% 35.138 MONTHLY ANALYSIS - ACTUAL VERSUS BUDGE 100.007. 11,227 -0.45% (31,637) 99.55% (20.410) 55.68% (13,836) 13.57:. (26,076) 4.15% 4,466 O.DO% 0 3.85% (4,161) 11.95: 19,561 1.81: (2712) 3.74% (870) 1.98: (220) 96.75% (23.847) 2.80% 3,437 0.39°6 5,820 120% 9 257 1.02 e 636.95': - 225% - 17.47% 9.78% ERR -9 82` o 14.89% -13.61 % - 2.11% -1.01% -2.24% 11.16% 134,35% 25.35'6 APRIL 92 %of APRIL 92 %df Increase Percem Actual Tom Budget Total (Decease) Va ance 281,561 100.00% 272620 100.00% 8,941 128% (10.324) -3.67% (1.231) - 0.45% (9.093) 738.701% 271.236 96.33% 271.389 99.55% (153) -0 -06% 148.437 5272✓. 156.242 57.31% (7,805) - 5.00;. 29,050 10.32% 37,314 13.69% (8,264) - 22.15: 11,903 423% 11,416 4.19". 487 4.27% 0 0.00% 0 0.00% 0 ERR 9,274 3.29% 10.596 3.89% (1,322) - 12.47% 37,079 13.177. 33,060 1213% 4,019 12.16% 3263 1.16% 1334 1.221. (71) -212 e 10,458 3.715 10.292 3.78% 166 1.62% 5.373 1.91% 5.431 1.99% (58) - 1.07% 254.839 90.51% 267.685 98.19% (12846) -4.80: 16.397 5.82% 3.704 1.36% 12.693 342.687. 1,456 0.52% 1.083 0.40% 373 34.43% 17.853 6.34% 4,787 1.76% 73,066 272.947. 11 • MINUTES Parks & Recreation Board April 29, 1992 Members present were Lee Cox; chairman, Mike Schell, Mike Cannon and Linda Martin. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:25 p.m. The minutes dated March 25, 1992 were approved by a motion made by Mike Schell and seconded by Mike Cannon. The board unanimously agreed. OLD BUSINESS Popcorn Wagon - A memo will be presented to the City Council outlining the details of the agreement with MainStreet regarding the popcorn wagon in Library Square. MainStreet will be responsible for (1) working with the Parks & Recreation Director in regards to the site preparation and location of the wagon, (2) MainStreet will dedicate 11% of the revenues to "public good ", (3) working with the Ambassadors in conjunction with the Annual Arts & Crafts Show in the fall. Ciu r Registration_ - Registration for summer programs begins Tuesday, May 5th from 6 -8 p.m. Board members will be present to assist. Budget Cuts - All the recent budget cuts proposed for 1992 will be rescinded. To help offset the deficit in the State Budget, cities will be paying sales tax beginning June 1st. Tree Planting Update - 455 trees were planted this spring. A Sentence To Serve crew planted 277 trees. Jerry Brown planted 165, and due to construction along Adams Street, 30 trees scheduled to be planted there, were moved into Elks Park. Public Sites - Dolf, along with Jim Marka; Building Inspector, presented the updated Public Sites Agreement to the City Council. One area was cleared up in section "F" the city will require 24 unit and larger dwellings to provide a tot lot. Also in section 8.07 the minimum cash standard was raised, while land contribution stayed the same. The Parks and Recreation Board will be involved in the decision process. The Ordinance will be read at two regular council meetings, and then adopted. NEW BUSINESS Water Carnival - The Jaycees have requested permits for their Annual Dance and Parade. They would like to set up the carnival midway rides in the grassy area in Masonic /West River Park providing the weather cooperates. Dolf will meet with representatives from the Jaycees and the amusement company to determine the site. The city can provide a gravel pad for the equipment if wet conditions develop. MINUTES Parks & Recreation Board April 29, 1992 Page two Mike Schall made a motion to allow the Jaycees to set up the midway rides in the grassy area of Masonic /West River Park at the discretion of the Parks and Recreation Director, based on weather conditions. Linda Martin seconded the motion, and the board unanimously agreed. Playground Eguipment - The Masons have committed a donation of $2,000 /year for the maintenance and improvement of Masonic/West River Park. Datlof Wesloh has issued a $3,300 check and a playground unit has been ordered for placement in the grassy area near the Kouba Point Shelter. Delivery of the equipment is scheduled for May 31st. Dolf will have the unit installed as soon as possible. The Mason's revenues are derived from the sale of their building, they now rent space. Roberts Park is scheduled to get replacement playground equipment in 1992 along with site preparation and A.D.A. accessibility, the project will cost approximately $20,000. Free standing equipment will be installed due the unstable ground in the park. The board questioned spending such a large amount of money in one location when other park areas still have no equipment. Dolf reminded the board that this equipment is a replacement. With the park dedication funds available for park improvements, other areas will be considered. The Board feels there is an • adequate number of parks. Dolf and Jim Marka feel that parks should be a minimum of four acres. Tree Planting - City residents had the opportunity to pay the difference for larger boulevard trees. The Tree Board approved those plantings. Adjournment - Mike Cannon made a motion to ajourn the meeting at 6:21 p.m. Mike Schall seconded the motion, and the board unanimously agreed. klm 0 • MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 21, 1992 1. CALL TO ORDER The meeting was called to order by Chairman Clint Gruett at 7 :40 p.m. with the following members present, E1Roy Dobratz, Roland Ebent, Dean Wood (7,40 p.m.), Tom Lyke (7,55 p.m.) and Chairman Gruett Members Absent, Craig Lenz and Bill Craig Also Present: Gary Plotz, City Administrator, and John Rodeberg, City Engineer 2. MINUTES Mr. Ebent made a motion to approve the minutes of the regular meeting dated Tuesday, March 17, 1992, and the Special Meeting dated Tuesday, March 24, 1992. Seconded by Mr. Wood the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONTINUATION OF CONDITIONAL USE PERMIT REQUESTED BY FRANCIS CONDON ON HWY 15 N FOR MINI - STORAGE • Chairman Gruett reopened the hearing at 7:41 p.m. with the reading of publication #4328 as published in the Hutchinson Leader on Thursday, December 5, 1991. The request is for the purpose of considering a request to construct commercial and mini storage located on Hwy 15 North. After discussion of the history of the request, Hr. Wood moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 7,43 p.m. Hr. Wood made a motion to reject the request due to insufficient information to make a decision, seconded by Mr. Dobratz the motion carried unanimously. (b) CONSIDERATION OF CONTINUATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD SMITH ON ROBERTS RD Chairman Gruett reopened the hearing at 7:44 p.m, with the reading of publication #4335 as published in the Hutchinson Leader on Tuesday,January 9, 1992. The request is for the purpose of considering a request for • conditional use permit to allow for the construction of • duplex in an R -1 District. • After discussion of the request explaining the history of the property, Hr. Dobratz moved to close the hearing, 1 4 -A(4t ) HUTCHINSON PLANNING COMMISSION MINUTES APRIL 21, 1992 seconded by Mr. Wood the hearing closed at 7:45 p.m. Mr. Ebent made a motion to deny the request due to lack of sufficient information as requested by the planning commission, seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF CONTINUATION OF VACATION OF UTILITY EASEMENT REQUESTED BY RICHARD SMITH IN STONEY POINT 3RD ADDITION Chairman Gruett reopened the hearing at 7145 p.m. with the reading of publication 5433 as published in the Hutchinson Leader on Thursday, January 9, 1992 and Tuesday, January 14, 1992. The request is for the purpose of considering a petition by the owner to vacate a utility easement located in Stoney Point 3rd Addition. After discussion, Mr. Dobratz moved to close the hearing, seconded by Mr. Wood the hearing closed at 7,47 p.m. Mr. Wood moved to deny the request due to the fact the project is not moving forward at this time, seconded by Mr. Dobratz the motion carried unanimously. • (d) CONSIDERATION OF CONTINUATION OF CONDITIONAL USE PERMIT • REQUESTED BY JEFF MUNSELL FOR CONSTRUCTION OF CAR WASH ON HWY 7 WEST Chairman Gruett reopened the hearing at 4 :47 p.m. with the reading of publication 54350 as published in the Hutchinson Leader on Thursday, March 5, 1992. The request is for the purpose of considering a request to construct a carwash located at 1385 Hwy 7 West. City Administrator commented on the history of the request and the lack of information still needed to make a decision by staff. Mr. Ebent moved to close the hearing, seconded by Mr. Wood the hearing closed at 7:50 p.m. Mr. Ebent made a motion to deny the request due to lack of sufficient information to make a decision by planning commission, seconded by Mr. Dobratz the motion carried unanimously. (e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF 1ST ADDITION TO PETERSON TERRACE SUBMITTED BY REDMAN REAL ESTATE Chairman Gruett opened the hearing at 7 :51 p.m. with the reading of publication 54360 as published in the • Hutchinson Leader on Thursday, April 9, 1992. The request is for the purpose of considering a preliminary and final plat to be known as "First Addition to HUTCHINSON PLANNING COMMISSION MINUTES APRIL 21, 1992 0 Peterson's Terrace ". City Administrator Plotz explained the request the staff recommendation noting that lot 3 in buildable. A subdivision agreement regarding future assessments is to be submitted to City Council. Ms. June Redman commented on Lot 3 and the use of lot 3, she stated that property owners of the 3 lots will split the assessments on 6th Ave. Discussion followed on the subdivision or development agreement. City Engineer Rodeberg stated the city requires a binding legal document for assessments. There was discussion of access to Lot 3. Mr. Rod Saar, neighboring property owner, commented on the maintenance remaining as presently agreed upon. Discussion also followed as to the easement being 12' not 6'. City Administrator Plotz noted correspondence from the Hutch Utilities stating gas service is to be removed form • present house on Lot 3 at the developer's expense. Over head facilities to remain in place until placed underground and relocated at a future date. Mr. Ebent moved to close the hearing, seconded by Mr. Wood the hearing closed at 8,05 p.m. Mr. Ebent made a motion to approve the preliminary and final plat provided staff concerns are addressed and a subdivision agreement is prepared prior to the City Council meeting also, the Utility concerns are to be addressed, seconded by Mr. Dobratz the motion carried unanimously. (f) CONSIDERATION OF PRELIMINARY PLAT OF GOLF VIEW SUBDIVISION SUBMITTED BY KEVIN COMPTON Chairman Gruett opened the hearing at 8106 p.m. with the reading of publication 84362 as published in the Hutchinson Leader on Thursday, April 9, 1992. The request is for the purpose of considering a preliminary plat to be known as "Golf View Subdivision ". City Engineer Rodeberg presented a revised preliminary plat, and commented on the staff recommendations being addressed on the revised plat. He stated the PUD is no longer in effect. The plat meets all requirements and a subdivision agreement Is required by the city. HUTCHINSON PLANNING COMMISSION MINUTES APRIL 21, 1992 Mr. Heirs, 1209 Fairway Ave, questioned the lapsing of a • PUD. Hr. Don Erickson, Hometown Realty, explained the PUD and the ownership of the property. City Administrator Plotz commented on the ordinance and the requirements. Hr. Rodeberg explained the previous developer has on financial interest in the property. Mr. Heirs commented on drainage and storm sewer. Mr. Rodeberg explained the cul de sac and the fact the developer will add storm sewer. Mr. Plotz commented on the parkland dedication by Mr. Helland. Hr. Wood moved to close the hearing, seconded by Mr. Lyke the hearing closed at 8:30 p.m. Hr. Ebent made a motion to approve the preliminary plat provided staff recommendations are met and the City Attorney address the concerns of the PUD, seconded by Mr. Dobratz the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY SKIP • QUADE, ACOMA TWP, 2 MILE RADIUS Hr. Plotz read correspondence from Acoma Township regarding the plat. He also noted the staff recommendations. Mr. Rodeberg commented on the city concerns of urban development in rural setting and future city services. He also stated fire protection is a concern with the large development. Mr. Quade commented on the staff recommendations and stated the concerns of the city were also concerns of the county. He stated these concerns have been met. Mr. Quade commented on the discussion with the county on the road. He stated only State certified contractors will be hired to put in the sewage septic tank systems. Discussion followed on the township recommendation of 1000' from the high water mark. City Engineer Rodeberg explained the city may have a recommendation to the county but on legal authority. Dr. Kleinkauf commented on concerns of drainage in the area. Discussion followed on the drainage. Hr. Rodeberg commented on the Shoreland Protection Ordinance and the 4 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 21, 1992 • State requirements. He also commented on the complete plat being presented even if the plat is developed slowly. Mr. Ebent moved to recommend denial of the project to City Council based on staff recommendations and concerns, seconded by Mr. Wood the motion carried unanimously. (b) CONSIDERATION OF SKETCH PLAN SUBMITTED BY DAN HUEBERT, ACOMA TWP, 2 MILE RADIUS Mr. Dan Huebert explained the new proposal and the County requesting a full plat. Mr. Huebert would like approval for one lot only. Mr. Ebent moved to pass on to City Council with no objection, seconded by Mr. Dobratz the motion carried unanimously. OTHER NEW BUSINESS (a) CONSIDERATION OF CONDITIONAL USE PERMIT FOR FEEDLOT IN 2 is MILE RADIUS City Engineer Rodeberg explained the feed lot request being adjacent to the city. There was discussion on the present comprehensive plan and the fact this use is not appropriate for the area. • Mr. Lyke moved to recommend denial as it is not an appropriate use in the area seconded by Mr. Dobratz the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT FOR MOVING MOBILE HOME ONTO PROPERTY PARENTS OWN, 2 MILE RADIUS Mr. Lyke moved to recommend no objection to the request, seconded by Mr. Wood the motion carried unanimously. (c) CONSIDERATION TO REZONE FROM AGRICULTURE TO RESIDENTIAL REQUESTED BY SKIP QUADS, 2 MILE RADIUS Discussion followed on rezoning at such time the city annexes the area to be served. Mr. Wood recommended the request for rezoning be denied because of the concerns brought forth in denial of the plat, seconded by Mr. Dobratz the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES APRIL 21, 1992 • (d) CONSIDERATION OF EXTENSION OF VARIANCE FOR CEDAR CREST REQUESTED BY HENRY EWALD Mr. Wood moved to recommend approval of the extension for 6 months, future requests must be brought back to planning commission, seconded by Mr. Dobratz the motion carried unanimously. 5. OLD BUSINESS NONE 6. ADJOURNMENT There being no further business the meeting was adjourned at 10:15 p.m. • \J ;a • • I RETAIL "ON SALE" 'state of Allnenta, i lU 0 - n vi cooxrr or .l'I `4v __ _ j _� r✓ _ .v ✓ - -- To the... .......... ..... —Of the ,_...... c/ TV.................. ........ ...... . ........ ........ .......... .............. .................................. ..... State of Minnesota: . - -- hereby apps - ___Derr a license for the term oJ_— . ------ �l!9�.' %ors 8'T from the day oJ......—_— At Retail Only, Non-Intoxicating Malt Liquors, as the same are defined by law, for coryumptbn "Ox" thaw metal^ prmL a in '.sure il"kl duoribrd as follows. to wu W-- ..._._._._.__._.__ ...__ 574. ID V4-74= /114.15 /l7rlerva,14,4 %n2K at which Plans mid aPDLiwnt._cPernla ._the bwirs<se of_.f^.CL!L4 =.ti v��Ce✓.._.- :T._5�. —_ . and to that end reprceent..... and Rats - -aa JoIlows: That raid appl icant...._. ...__._(.5..____......._silinrn of the United States; of good moral thane!,, and repute: and ha _,.nttairwd the ago of ll yeah; that....._.._ ........_. _- ..___...._..__. _._ prprietcr.__if the artablishme^t for which the license will be laraed if this application is granted. That no manwfaetwer of such non- incaeicating -all liquor hat any ownership, in u hole or impart, L% said business of mid applicant._. or any interest therein; That raid applicant _ _..make ....thin application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of mid. —G'GL✓ __...___._ applicable thereto, which are hereby made a part hereof, and hereby agrm.ob" roe and obey the same; lac. a -•- war nrmn.uu a.o. M I,d AWar.l Recommend approval with restrictions and require is i p st. No beer allowed to be brought into bleacher or 1 ark ea r outside. Drivers license I.O. to be required for purchase Beer not to be consumed off ball park area. ^ iceven maase Police Chief Each applicant further states that —he is not now the holder of, we has --he made application for, nur does —he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. t _ Dated _44a7 1191 1z.:XrL�t. m?"' - - - -- P. 0. dddrees dppliaant _ • • • 23456 JUN 1992 RECEIVED N w Hutchinson City Council; June 3, 1992 Bethlehem United Methodist Church requests permission to use Library Square and the band shelter for a community worship service on Sunday, August 23 at 9:30 a.m. We would require electrical power in the band shelter and would be setting up folding chairs or lawn chairs in the park for the service. We understand there is no fee associated with the use of this facility. If there is a fee, please inform. Thank -you for your consideration. Correspondence and questions may be directed to: Emma Melin Pastor Harold Biederman 1055 Sherwood St. Bethlehem United Methodist Church Hutchinson, MN or 665 Miller Ave. Hutchinson, MN 234 -1614 Days 587 -5513 Evenings 587 -3312 Sincerely;;WL Emma Melin (worship chair Ld.Mi Harold Biederman (pastor) PUBLICATION NO. 4383 NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 276 LETTING NO. 2, PROJECT NOS. 92 -02 & 92 -09 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 8:00 P.M. on the 9th day of June, 1992, in the Council Chambers at City Hall at Hutchinson, Minnesota, to pass upon the proposed assessment for the improvement of: Proj. No. 92 -02 First Avenue N.W., Second Avenue N.W., Cedar Avenue, Franklin Street from Washington Avenue to Second Avenue N.W. and Glen Street from Washington Avenue to Cedar Avenue by the construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; and Proj. No. 92 -09 Alley East of Main Street from Fifth Avenue S.E. to Sixth Avenue S.E. by the construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous surfacing and appurtenances. • You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by October 1st, 1992. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 9 percent per year. The right to partially prepay the assessment shall be until October 1st, 1992. The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $158,798.12. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This 5A. PUBLICATION NO. 4383 PAGE 2 0 procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and • filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Gary D. P1 z,, C�dministrator City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, MAY 26TH, 1992 AND TUESDAY, JUNE 2ND, 1992. • A S SESSMEN T HEA R SNG 1st Ave NW /2nd Ave NW /Cedar Ave /Franklin St /Glen St Alley East of Main Street from 5th Ave SE to 6th Ave SE Project No. 92 -02 /Project No. 92 -09 ASSESSMENT ROLL NO. 276 June 9, 1992 - 8:00 pm CONSTRUCTION OF SANITARY SEWER, WATERMAIN, SERVICES, STORM SEWER, GRADING, CONCRETE CURB AND GUTTER, GRAVEL BASE, BITUMINOUS BASE, SURFACING AND APPURTENANCES Total Construction Cost S 526,979.80 Proiect Expenses $ 115,935.56 TOTAL PROJECT COST $ 642,915.36 PROJECT COST BREAKDOWN City Cost (92 -02) Sanitary Sewer Replacement $ 46,202.91 Watermain Replacement $ 38,896.09 Trunk Storm Sewer $ 75,870.09 Sidewalk Removal & Replacement $ 26,425.81 including restoration Parking Lot $ 31,470.88 Extra width /depth of street, Sideyard /Previously Assessed $ 244,751.56 City Owned lots $ 20,499.90 Deferred Assessments $ 2,161.86 TOTAL CITY COST (92 -02) $ 486,281.10 TOTAL ASSESSABLE COST (92 -02) S 131,264.91 TOTAL PROJECT COST (92 -02) $ 617,544.01 TOTAL CITY COST (92 -09) $ 0.00 TOTAL ASSESSABLE COST (92 -09) S 25,371.35 TOTAL PROJECT COST (92 -09) $ 25,371.35 ASSESSMENT RATES (92 -02 Sanitary Sewer Service S 526.15 /Service Watermain Service S 503.95 /Service Street Cost (Residential) S 39.45 /Front Foot Street Cost (Commercial) S 47.34 /Front Foot Driveway (Residential) S 28.06 /Square Yard Driveway (Commercial) S 31.72 /Square Yard ASSESSMENT RATES (92 -09) Alley and Storm Sewer (Option 1) $ 14.63 /Front Foos: Alley and Storm Sewer (Option 2) S 10.89 /Front Foot PAYMENT OPTIONS ► Full Payment without Interest by October 1, 1992 ► Full Payment with Interest from October 1st by November 15, 1992 !.► After November 15, 1992 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. Al • RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 276 LETTING NO. 2 PROJECT NO. 92 -02 & 92 -09 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of: Project No. 92 -02 First Avenue N.W., Second Avenue N.W., Cedar Avenue, Franklin Street from Washington Avenue to Second Avenue N.W. and Glen Street from Washington Avenue to Cedar Avenue by the construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances;and Project No. 92 -09 Alley East of Main Street from Fifth Avenue S.E. to Sixth Avenue S.E. by the construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous surfacing and appurtenances. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1993, and shall bear interest at the rate of _ percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 1st, 1992, until the 31st day of December, 1993. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid by the 1st day of October, 1992; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment • is made. Such payment must be made before November 15th, or interest will be charged through December 31st, of the next succeeding year. RESOUNION 00. ASSESSMENT ROLL NO. 276 LETTDIG NO. 2 PROJECT NOS. 92 -02 & 92 -09 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Hutchinson City Council this 9th day of June, 1992. Mayor City Administrator u • • RESOLUTION NO. SRESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 2 PROJECT NO. 92 -02 & 92 -09 WHEREAS, pursuant to an advertisement for bids for the improvement of: Project No. 92 -02 First Avenue N.W., Second Avenue N.W., Cedar Avenue, Franklin Street from Washington Avenue to Second Avenue N.W. and Glen Street from Washington Avenue to Cedar Avenue by the construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; and Project No. 92 -09 Alley East of Main Street from Fifth Avenue S.E. to Sixth Avenue S.E. by the construction of storm sewer, grading, gravel base, concrete curb and gutter, bituminous surfacing and appurtenances; and bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: AMOUNT BID Duininck Bros., Inc., Prinsburg, MN $ 526,979.80 Wm. Mueller & Sons, Inc., Hamburg, HN S 538,891.92 AND WHEREAS, it appears that Duininck Bros., Inc., Hamburg, 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 Duininck Bros., inc. of Hamburg, 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. _3 Adopted by the Hutchinson City Council this 9th day of June, 1992. • Mayor City Administrator V A Z7OCi1l��lVT 00500 CONTRACT AGl2EF.1��11T'Z' FOR1�f THIS AGREEMENT, made this 9th day of June, 1992, by and between Duininck i Bros., Inc. of Prinsburg, Minnesota, hereinafter called the Contractor, and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the Municipality. WITNESSETH, that the Contractor and the Municipality for the consideration hereinafter named agree as follows: ARTICLE 1. The Contractor agrees to provide all materials, equipment and labor necessary for the complete construction of all the work shown on the drawings and described in the specifications prepared by the Municipality for LETTING NO. 2, PROJECT NOS. 92 -02 & 92 -09 and to do everything in strict conformity with said specifications and drawings. ARTICLE 2. The Contractor agrees that the work contemplated by this contract shall be entirely completed on or before October 16th, 1992. ARTICLE 3. The Municipality agrees to pay the Contractor in current funds for the performance of this Contract the sum of Five Hundred Twenty -Six Thousand, Nine Hundred Seventy -Nine Dollars and 80 /100 ($526,979.80) subject to additions and deductions as provided for in the specifications and to make payments on account of the Contract as provided for in the specifications, except as hereinafter stated: ARTICLE 4. The Contractor and the Municipality agree that the specifications and the drawings, together with this agreement, form the Contract and that such specifications and drawings are as fully a part of the Contract as if attached or herein repeated. The Contractor and the Municipality agree that the attached Table of Contents (Document No. 00002) is a complete list of all specifications and drawings to be part of the Contract. The Contractor and the Municipality, for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the covenants herein contained. IN WITNESS WHEREOF, the parties have caused these presents to be signed in their behalf by the proper officers thereunto duly authorized and their corporate seal to be hereto affixed, the day and year first above written. In the presence of: CONTRACTOR: In the presence of: By: Its: MUNICIPALITY - CITY OF HUTCHINSON HAYORs CLERK I 00500 -1 • u MEMORANDUM TO: Gary Plotz, City Administrato FROM: Steve Madson, Chief of Polic DATE: June 2, 1992 RE: Police Records Management seminar This memorandum will serve as a request to send police department secretary Lisa Grina to a police records management seminar to be conducted in Lansing, Illinois, August 5 -7, 1992. I have attached the syllabus for this seminar. As you can see from the syllabus this program would pertain directly to small and medium size agencies with manual records systems. Although we have some computerization of records this department still utilizes a manual system for the filing of reports and perpetrator records. I believe that this seminar would enhance Ms. Grina's ability to analyze and update the current records system. This is a priority issue for this department as I believe our records system is • archaic and needs to be updated with current trends and technologies. Additionally, we are finding that our records retention practices may be less than adequate. This seminar should assist in determining the necessary records retention practices. The cost for the seminar is $340.00 plus the cost of lodging and transportation. I would estimate that the total cost for this seminar would be $750.00. I would request that this item be placed on the council agenda for the city council approval so that we may move forth with the necessary registration eservations. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /lkg 92 -02 -0015 • 6 -7� ' identih, life -span and maintenance consid- erations for the facility. August 17 -21, 1992; Cincinnati, OH; Hosted by the Cincinnati Police Department IACP Member $525, Nonmember $585 Foiice inielligence Operatic.:= and Management* Maintenance of an aggressive and sensi- tive intelligence- gathering capability is essential if police agencies are to maintain up -to -date knowledge of criminal activity and assume a proactive approach to crime prevention. This is a highly specialized function that requires training in analytical and evaluative methods, prioritization, and privacy and security considerations. At the conclusion of this program, super. visors, commanders and those responsible for the police intelligence function will be able to identify intelligence sources; analyze intelligence data; create accurate forecasts and intelligence reports; and organize, manage and evaluate the police intelligence function. July 13 -15, 1992; Cheyenne, WY, Hosted by the Laramie County Sheriff's Department LACPMember$340, Nonmember $400 Police Planning, Research and Implementation Planning and re- search are important law enforcement man- agement functions, with the evaluation of existing programs, operations and the assessment of equip- ment being key responsibilities that aid in informed deci- sion making. As a result, it is essential that planning and research officers be conduct a research project; design and analyze a survey List; use basic statistics and graphics and hst their application in plan- ning and research; work with scheduling techniques; use automation for planning and make effective presentations. August 10- 12,1992; Coronado, G4 Hosted by the Coronado Police Department L4CP Member $360, Nonmember $420 Foiice Records Management One of the most important support functions in a law enforcement agency is records management. The reliability of management and operational decision making is dependent upon accurate, timely and accessible information. This course will provide commanders, supervisors and those responsible for the management of police records with a foundation for enhancing an agency's records system in preparing for future automation (it is particularly benefi- cial to small and medium -sized agencies with manual records systems). After taking this training, participants will be able to under- The "Productivity and Performance Appraisal Workshop" presents the major performance appraisal systems through a hands -on approach, with recommendations for designing a new rating system or improving upon an eidsting one. able to work closely with both management and line stab. Upon completing this course, participants will be able to explain basic planning and research methodology, list selection criteria and training for planning and research personnel; discuss organizational consider- ations for planning and research units; stand the evolution of police records; under- stand the various types of records sys- tems and how each system relates to an operational need; ana- lyze present systems and automation of those systems; mod- ernize existing re- cords programs; un- derstand automated management without being overwhelmed by technology; and understand federal records retention laws August 5-7, 1992; Lansing, IL, Hosted by the Lansing Police Department LACP Member $340, Nonmember $400 rya lclivity and Performance -- n -oraisa! Workshop This program was developed to provide police supervisors and managers with an overx,iew of the major performance appraisal ., stems through a hands -on approach, with recommendations for either designing a nee. rating system or improving upon an existing one. Techniques for enhancing performance interviews will be discussed to increase confidence levels for this important task. Upon completing this course, partidp will be able to develop valid and rehaRW performance appraisal systems to measure individual performance; design and imple- ment upward evaluation systems to provide feedback to supervisory personnel; measure public expectations and determine the degree to which they are being satisfied by their department; assess employee attitudes and perceptions to identdv conditions and practices that ultimately affect performances and identify management skills and tech- niques to improve the current employee performance. July 6 -10, 1992; Newport, RJ; Hosted by the Newport Polka Department L4CP Member $425, Nonmember $485 Progressive Patrol Administration Providing essential police services to the community is largely dependent upon the effective utilization of officers assigned to patrol operations. Agencies seeking to gain greater efficiency from patrol officers have experimented with a variety of innovative personnel deployment, scheduling at� management schemes. Patro l enhanceme strategies, performance evaluation in the patrol function, beat structure, differential police response, and the role and respon- sibility of the patrol supervisor along with other progressive concepts in patrol admin- istration will be examined in this program After taking this training, division and watch commanders and patrol supervisors responsible for the management and deploy- ment of police patrol personnel will be able to implement and evaluate different police response systems; create innovative approaches to management of patrol person- nel; and examine the varied roles and responsibilities of patrol supervisors and administrators. August 24 -28, 1992; Denver, CO L9CP Member 5425, Nonmember $485 'Only sworn police officers or full -time• employees of law enforcement agencies may attend. 6 1ACP Leadership and Managemeni irmmnv I n _eoiemoe- Imo: / _1J 0 I] L I RESOLUTION NO. 9734 RESOLUTION TO RENAME FISCHER HILL TO BOY SCOUT PARK WHEREAS, the City of Hutchinson has received many hours of volunteer labor from many fine institutions over the years; and WHEREAS, the Hutchinson area Boy Scouts desire to provide labor to develop and maintain Boy Scout Park and other locations throughout the community in 1992 WHEREAS, the Hutchinson area Boy Scouts have pledged future support to develop and maintain Boy Scouts Park and other park locations NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1) that the Hutchinson City Council of the Boy Scouts and to recognize their on Highway 7 East to Boy Scout Park. recognizes and appreciates the support efforts, renames Fischers Hill, located Adopted by the City Council the 9th day of June, 1992. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 7-74 • RESOLUTION NO. 9735 RESOLUTION AUTHORIZING APPLICATION BY CITY OF HUTCHINSON FOR SERVE AMERICA NATIONAL AND COMMUNITY SERVICE ACT FUNDS WHEREAS, the City of Hutchinson has received funding from various agencies over the years, and WHEREAS, the Serve America National and Community Services Act has funds available to serve school -aged youth and disadvantaged youth for promoting national and community service activities, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the Hutchinson City Council hereby authorizes City staff to make application for said funding in conjunction with the Hutchinson School District No. 423 as a cooperating agency. Adopted by the City Council this 9th day of June, 1992. • ATTEST: Gary D. Plotz City Administrator is Paul L. Ackland Mayor • RESOLUTION NO. 9736 RESOLUTION SPECIFYING AND APPROVING THE APPLICATION FORM FOR COLLECTING, HAULING, OR CONVEYING OF GARBAGE, OTHER REFUSE, MIXED MUNICIPAL SOLID WASTE OR RECYCLABLE MATERIALS WHEREAS, the City Council under the licensing ordinance for garbage and refuse hauler (Ordinance No. 92 -57) may specify and approve the "application form" for collecting, hauling, or conveying of garbage, other refuse, mixed municipal solid waste or recyclable materials, and WHEREAS, starting July 1, 1992, there may be one or more haulers moving the aforementioned materials in the City of Hutchinson, NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Hutchinson herein adopts Exhibit A, herein attached, as the application form and fees for licensing pursuant to Ordinance No. 92 -57, adopted May 20, 1992. • Adopted by the City Council this 9th day of June, 1992. ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor • CITY OF HUTCHINSON APPLICATION FOR LICENSING (UNDER ORDINANCE NO. 92 -57) TYPE OF APPLICATION (PURSUANT TO SECTION 6.23, SUBSECTION 2) Commercial Hauling .......... FEE $100 /Year Residential Hauling ......... FEE $100 /Year Recycling ...................FEE $ 50 /Year APPLICANT'S NAME, ADDRESS, TELEPHONE NUMBER: PHONE NUMBER: • NAME AND TITLE OF ALL OFFICERS OF APPLICANT'S FIRM: NUMBER OF YEARS APPLICANT HAS BEEN: IN COMMERCIAL HAULING ....................... Years IN RESIDENTIAL HAULING ...................... Years RECYCLING .... ............................... Years LIST REFUSE EQUIPMENT OWNED OR LEASED (INCLUDE RECYCLING EQUIPMENT) u 7_,/ LIST ADDITIONAL EQUIPMENT NEEDED TO PURCHASE OR LEASE TO MEET • LICENSING REQUIREMENT FOR ADEQUATE TRANSIT VEHICLES (SECTION 6.23, SUBSECTION 4,E) INSURANCE COVERAGES (SEE SECTION 6.23, SUBSECTION 4, D) NAME, ADDRESS, TELEPHONE NUMBER OF AGENT: PHONE NUMBER: • NOTE: Attach insurance binder to application form that meets or exceeds limits established in the ordinance. MONTHLY SUBMISSION OF INFORMATION TO CITY ADMINISTRATOR (SEE SECTION 6.23, SUBSECTION 9) Are you aware of your responsibility to submit names and addresses of your business and commercial account no later than the 10th of each month to the City Administrator? YES NO Are you willing to maintain a local telephone number and a daily 24 -hour answering service to handle service questions? YES NO I hereby certify that I have completely filled out the entire above application, together with the attached and executed Release of Information Form, and that the application is true, correct, and accurate. Signature of Applicant Date • As an applicant for a license from the City of Hutchinson, Minnesota, I am required to furnish information which that agency may use in determining my moral, physical, mental, and financial qualifications. In this connection, I hereby expressly authorize release of any and all information which you may have concerning me, including information of a confidential or privileged nature. I hereby release the agency with which I am seeking application for license, and any organization, company or person furnishing information to that agency as expressly authorized above, from any liability for damage which may result from furnishing the information requested. • Applicant's Full Printed Name: (First) (Middle) (Last) Applicant's Address: (Number) (Street) 7 —(/- (City) (County) (State /Zip) Applicant's Birth Date: (Month) (Day) (Year) Applicant's Place of Birth: (City) (State) Applicant's Social Security No.: Applicant's Driver's License No.: Date: • Applicant's Signature 7 —(/- Dear Business, Commercial or Industrial Customer: Over the past fifteen years or more the city has had a monthly base charge for refuse service; showing on your water /sewer /refuse bill, whether or not refuse was present, pursuant to a long term refuse contact with Junker Sanitation. As of July 1st, business /commercial /industrial accounts (only) will = be charged any base charge for garbage, and furthermore yQU will need to make arrangements directly with a licensed refuse hauler. The city may have several licensed commercial hauler(s) to choose from following the council meeting of June 23rd, as several area haulers have expressed a strong interest to provide the service on a private and competitive basis. Feel free to contact Diane Olsen at City Hall at 587 -5151 ext. 204 to obtain a list of licensed haulers, duly authorized by the • city council. The haulers on this list will have complied with insurance requirement(s) and minimum vehicle standards necessary for transporting garbage. Sincerely, Gary D. Plotz City Administrator • I M E M O R A N D U M June 4, 1992 TO: Mayor & Council FROM: Gary D. Plotz, City Administrator SUBJECT: Need to Reschedule Special City Council Meeting of Monday, June 15, 1992 is The County's dispatch /911 consultant, plus the sheriff, called me on Thursday and stated the County's consultant will not be able to complete the evaluation /report by June 15. 11 The consultant and sheriff offered the following dates for them to be in attendance at a Hutchinson special Council meeting: Monday, July 6 Wednesday, July 8 Thursday, July 9 Wednesday, July 22 Thursday, July 23 /mj s cc: County Commissioners 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 - / Potential Organizational Structure to Maximize Economic Development and Housing Needs for the City of Hutchinson Hutchinson Community Development Corporation (HCDC) and the Hutchinson Housing and Redevelopment Authority (HHRA) are presently reviewing various organizational structures to determine the most efficient method of providing economic growth and adequate housing. HCDC and HHRA are considering hiring a full-time Executive Director beginning approximately September 1, 1992. It is felt at this time an Executive Director would be hired with both economic development and housing qualifications, and after the individual has had an opportunity to become familiar with the community and its needs, to then finalize an organizational structure. During this initial time of employment, the new Executive Director would staff both the HCDC and the HHRA. The present HHRA director (Jean Ward) would continue with her present part-time employment of administration of Park Towers. At such time as each board along with the City Council would feel comfortable in an organizational change, a new structure could then be presented to the City Council for their action (possibly to take effect January 1, 1993). POWERS GIVEN BY CITY COUNCIL UNDER MN STATUTES (KEEPS CONTROL) ECONOMIC DEVELOPMENT AUTHORITY - BOARD OF DIRECTORS PRESENT HUTCHINSON EXECUTIVE DIRECTOR \ HOUSING INC. AS ADVISORY PARK TOWERS ADMINISTRATION DIRECTOR -HALF -TIME MAINTENANCE--FULL-TIME PRESENT HCDC AS ADVISORY PLANNING. FINANCE. PUBLIC RELATIONS COMMITTEES GRANTS & LOAN OFFICER Budget 1992 Executive Director ($55,000 annual for salary, fringe and expenses) September 1 – December 31, 1992 $18,333 Funds from HCDC 10,600 Needed $7,733 Grants and Loan Officer (Connie Mangan — funding for this position is covered through 1992) $ 0 Park Towers Administration (in house budget) 0 Funds needed for 1992 $7,733 1993 Executive Director (salary, fringe and expenses) $55,000 Grants and Loan Officer (salary, fringe and expenses) 43,000 Park Towers Administration (in -house budget) 0 Office expenses (if housed in City Hall) 2,500 $100,500 Funding Sources Present HCDC Budget $33,580 Balance after Connie Mangan's salary is paid from projects for which the city has received funding 19,000 $52,580 Additional Funds needed for 1993 $47,920 • Possible sources for additional funding: • 1. Department of Public Service Grant for Energy Assistance Using Utility Energy Efficiency Services (10% to match)* 2. Other Grants — Housing Economic Development • 11 3. City General Fund 4. Interest from HRA Reserve Fund 5. Possible Funding from Administration of Tax Increment Funding Bonds * Note on No. 1 above: up to $45,000 Administration of Hutch Utilities Energy Conservation and Efficiency program from their mandatory set - aside: Estimated total per year: 1993 – $ 1994 – $15,000 1995 – $75,000 1996 — $150,000 1997 — $150,000 This program would fit right into our rehab program (energy items). 10-15% Administration HCDC /HHRA 0 1993 Proposed Alternative Minimum Budget Executive Director (full time) Salary and Benefits $ 50,000. Expenses (travel, conferences, etc.) 5,000. Secretary (1/2 time) Secretary plus loan & grant accounting 7,500. Office Expenses (telephone, postage, printing, supplies) 1,500. This assumes location would be in city hall where no rent would be required. $ 64,000. • Source of Funding Present HCDC Budget $ 33,600. Carry over of administrative funds from grants written 11.400. -45,000. Additional Funds needed for 1993 $ 19,000. 1J • C M E M O R A N D U M DATE: June 4, 1992 TO: Mayor and City Council FROM: Randy DeVries, Director of Water 4 Wastewater Operation SUBJECT: Application to the Minnesota Pollution Control Agency to accept leachate from the McLeod County Landfill. I am requesting that the City of Hutchinson Pollution Control Agency to accept leachate Landfill. The landfill will have to comply Minnesota Pollution Control Agency and U.S. Agency standards and requirements relating including any pretreatment requirements. apply to the Minnesota from the McLeod County with all applicable Enviromental Protection :o the discharge, Leachate from landfills are currently being treated at Municipal Wastewater Facilities in the state. If the Minnesota Pollution Control Agency approves this permit we will be working with our consultant to issue them a permit. We will be charging the landfill $50,000 - 100,000 per year to treat this product, if the permits are all approved. cc: Gary Plotz John Rodeberg RD /ds City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 Police Department 10 Franklin Street South (612) 587 -2242 0 H U T C P U B L I C June 9, 1992 u H I N S O N S C H O O L S ^�5 ,'561 ♦ 1p',i o92 m r�9�s2h2 EZ ZZ�2�� Gary Plotz City Administrator City Hall Hutchinson, MN 55350 Dear Gary: Enclosed are three copies of the agreements for the lease of the Civic Arena and the lease of other recreational facilities between the school district and the city. These agreements were approved and executed by our School Board at their regular meeting of June 9th. Please return two exe- cuted copies to me after the City Council has acted on these leases. We have done some checking with the high school carpentry instructor regarding the building to be constructed in lieu of the costs for Tartan Park. The class will be able to construct this building during the 1992 -93 school year. We look forward to continuing good relations with the city and appreciate the cooperation extended to us by your recreation director. Sincerely, R Stine L. Folstrom Director of Support Services KLF /jp enc. INDEPENDENT SCHOOL DISTRICT 423 HUTCHINSON. MINNESOTA 55350 DISTRICT ApMINISTRATION 30 GLEN STREET NORTH (611 5280 HUCHIN_ SON TECHNICAL CO_ LLEGE 2 CENTURY AVENUE (612) 5] -363 0 P 11 P 1 0 C June 3, 1992 M E M O R A N D U M TO: Mayor & Council FROM: Gary D. Plotz, City Administrator SUBJECT: Lease Agreements with School District Recreation Director Dolf Moon and I met with Finance Director Kris Folstrom and Superintendent Glenn Matejka on Wednesday, June 3 • regarding the following three lease agreements with the school district. HUTCHINSON SCHOOL DISTRICT & HUTCHINSON CIVIC ARENA (TWO YEAR) The only change is an adjustment in the rental rate equivalent to the CPI adjustment for Minneapolis /St. Paul the preceding 12 months. Specifically, this is a 2.3 percent adjustment in all rates on page one in each year of the proposed agreement. USE FACILITIES -- HUTCHINSON SCHOOL DISTRICT & CITY OF HUTCHINSON The recreation center rate was raised from $10 /hour to $15 /hour by the Parks & Recreation Board a couple of years ago. The City has been collecting the $15 /hour rate over the past couple of years; however, the agreement should be updated. SCHOOL DISTRICT/ CITY RECREATION BUILDING AND USE OF ROBERTS PARK The Park Department wants a building 24 X 24 at Tartan Park in lieu of the $600 per year rent payment (five years) for Tartan Park. This is the same arrangement that was done in 1987 -1992. • /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 C Printed on receded paper - • • • LEASE AGREEMENT HUTCHINSON SCHOOL DISTRICT AND HUTCHINSON CIVIC ARENA THIS AGREEMENT, made this 9th day of June, 1992 by the City of Hutchinson, a municipal corporation, hereinafter called First Party, and the Independent School District No. 423 of McLeod County, hereinafter called Second Party, WITNESSETH: WHEREAS, the First Party has assumed the operation and maintenance of the Hutchinson Civic Arena, through the guidance and recommendation(s) of the Civic Arena Board; WHEREAS, it is the desire of the Second Party to rent the Civic Arena for programming to be conducted and sponsored through its physical education program and /or extra - curricular programs; NOW, THEREFORE, in consideration of the premises and the terms and covenants hereinafter set forth, the parties hereby mutually agree as follows: 1. PREMISES: The First Party agrees to lease and hereby does lease, and the Second Party agrees to take and hereby does take, the 130' x 230' building, excluding office space and concession stand, located at 950 Harrington Street in City of Hutchinson, County of McLeod, State of Minnesota, with the following legal description: The South 250 feet of the East 275 feet of Lot 90 Lynn Addition to the City of Hutchinson 2. TERMS OF LEASE: This lease shall be from the term of July 1, 1992 through June 30, 1994. 3. RENTAL PAYMENT AND GAME RECEIPTS: The Second Party agrees to pay the First Party a rental payment for the premises as shown below: 1992 -93 Rate (1.023 increase over 1990 -91) Practice ice time (175 hours) 60.02 /hour Regular season (10 games, 3.5 * (see A3) hockey games 204.66 /game hrs /game) Non -ice time (50 hours) 1993 -94 increase factor -1- 37.53 /hour TOTAL: 1.023 TOTAL $10,503.50 2,046.60 1,876.50 $14,426.60 $14,758.42 9 —d'_C7' Each yearly total amount will be paid on or before • February 1 of 1993 and 1994 respectively. All game admission receipts shall be the property and responsibility of the Second Party. * Hockey games in excess of ten (10) shall be billed at the agreed upon rate per game. 4. DEFINITIONS: a. "Ice- Time" - The period of time the ice is on the floor of the premises and utilized for hockey games and /or practices. b. "Non- Ice - Time" - The period of time no ice is on the floor and utilization is for sports other than hockey, i.e., tennis, track. C. Exclusive use - The time the Second Party is in possession of the premises for "ice- time" and "non- ice - time" use, without interference from the First and /or Second Party(s), except for normal maintenance of the building. 5. USE OF FACILITIES: The First Party agrees to lease the premises for exclusive use at following designated times • and activities. a. The Second Party shall be allotted 175 hours of ice time per school year which shall be used for practice time from November 15, 1991 through the completion of the regular High School hockey season of the 1992 -93 and 1993 -94 school years respectively. In the event more than 175 hours practice ice time is used, the Second Party shall be billed $50 per hour. b. All practice time(s) for Squad "A" and /or Squad "B" shall be scheduled as agreed upon between the Civic Center manager and school athletic director. C. Game ice -time for Squad "B" shall be from 5:30 p.m. to 7:30 p.m.; game ice -time for Squad "A" shall be from 7:30 p.m. to 10:00 p.m. All hockey games shall be Monday through Saturday, excluding holidays. All regularly scheduled hockey games and dates are set forth in a schedule hereto attached and identified as Exhibit "A" and may be canceled and /or rescheduled only after mutual consultation of the First Party and the Second Party, or their respect- ive representatives. • -2- • d. In addition to the 175 hours of ice -time per school year, the First Party shall provide a total of 50 hours of non - ice -time for the purpose of encouraging use of the Civic Arena for sports other than hockey, i.e., tennis or track. Non - ice -time shall be utilized between four (4) days subsequent to the State Hockey Tournament and May 31, 1993 and 1994, respectively. In the event more than 50 hours of non - ice -time is utilized, the Second Party shall be billed $35 per hour. All non - ice -time shall be scheduled as not to conflict with other activities of the First Party, and any non - ice -time not scheduled one (1) week in advance cannot be guaranteed. The Center Manager has full authority to refuse center availability after May 31 if conflicts exist. e. In the event the facility is rendered unfit for hockey use due to fire or any other cause, the Second Party's obligation for rent shall be adjusted on a pro -rata basis and the party of the first part shall refund within 30 days after termination that portion of the rent covering the period of non -use. If the damage cannot be repaired within 30 days, the Second Party may exercise the option to terminate. • 6. FIRST PARTY RESPONSIBILITIES: C� J a. To provide all utilities, including heat, light, water, sewer, refuse; maintain all ice - making and cleaning equipment and machines; flooding the ice rink; cleaning of the ice surface; maintaining the parking lot; and the normal maintenance, repair and replacement of boards, goals and nets; and make all necessary structural alterations, repairs and maintenance. b. To provide janitor service for cleaning of the locker and shower area each day and cleaning of the bleacher area, storage area and upper arena areas as needed. C. To operate, maintain and receive revenues from all concessions and /or vending machines, unless other- wise assigned in whole or part. 7. SECOND PARTY RESPONSIBILITIES: a. To provide personnel and supplies for the sale and collection of admission tickets. -3- b. To provide for payment of any Minnesota sales tax • for admission. C. To provide towel and laundry service. d. To designate personnel to supervise students at any time the building is being used by its students under this agreement, and to designate one individual to be responsible for key(s) for use of the building while in use by its students. To be responsible for loss or theft of school and /or personnel property while stored or otherwise within the premises. To make all arrangements and /or payment for announcer(s), scoreboard operator(s), referees and supervisory personnel. g. To designate the coach or supervisor for seeing all pieces of equipment and supplies of the school and players are picked up and properly stored in the areas and cabinets, as provided by the First Party, and to see that all students are out of the building by one -half (112) hour after close of practice or game. • 8. RULES AND REGULATIONS: The rules and regulations of Independent School District No. 423 pertaining to student conduct shall be in effect during all times this building is used by the school. Additional policies governing the conduct of students may be developed as needed by the Civic Arena board and the school administration. The policies, rules and regulations shall be enforced by school personnel as assigned by the school administration and the City personnel as assigned by the Civic Arena Coordinator. INSURANCE: The First Party agrees to pay a sum equal to the actual expense for bodily injury and property damage insurance. 10. INDEMNIFICATION: The Second Party agrees to save harmless, protect and indemnify the First Party from any and all claims, not fully covered by Section 9 Insurance, of every kind and nature whatsoever arising out of the personal injury or property damage on the leased premises while it is under control of and being used by the party of the second • -4- • part. The party of the second part also agrees to pay all costs, including attorney's fees, incurred in connection with the defense against such claim not fully covered by insurance. 11. SUCCESSORS AND ASSIGNS: All provisions of the lease, herein stated, are binding upon the successors or assigns of the respective parties. IN WITNESS WHEREOF, the parties have signed this agreement to be effective the day and year above written. Amendment: If in the event the Second Party would take action to discontinue the athletic programs that would normally utilize the arena, the School District has the right to give notice by July 1, 1993 to withdraw from the second year of this contract. In Presence of: CITY OF HUTCHINSON BY Mayor • • -5- I'M INDEPENDENT SCHOOL DISTRICT NO. 923 BY Chairman BY Clerk • USE OF FACILITIES HUTCHINSON SCHOOL DISTRICT AND CITY OF HUTCHINSON • • 1992 -93 1993 -94 It shall be the policy of the School District and the City of Hutchinson to rent Recreation Center Building facilities at a cost of $15.00 per hour with the rentee providing a minimum of one building supervisor. It shall be the policy that the pool will be rented at $15.00 per hour and the rentee shall provide one building supervisor. Other staff needed shall be provided by the renter. General Guidelines When use of facilities is needed because of inclement weather, a contact must be made by noon to the City Recreation Director of the School Activities Director, and facilities can be used only upon approval of the above mentioned directors. Renters shall always follow the approved time schedule. Renters shall assist in setup for activities or for the next activities. Renters shall leave the building in good condition. The renter's supervisor of the activity must stay until all participants have left the building including emergency situations. No baseball or softball will be allowed in the City Recreation Building, unless the City gives permission for limited softball practices. Sunday use of school facilities will be held to special events unless approval is granted including consideration of rental costs by the school district. * Rentee - (owner of facility) * Renter - (user of facility) -1- 9 -�EP SCHOOL DISTRICT /CITY RECREATION BUILDING • USE OF ROBERTS PARK Softball Estimate 39 days of use which includes 24 softball games - -- 8 "A" squad games, 8 "B" squad games, and 8 "C" squad games. For practice three (3) fields are used from 3:00 - 5:30 p.m. For games two (2) fields are used from 4:00 - 6:00 p.m. High school softball practice starts indoors at the elementary school in the beginning of March. As soon as weather permits, usually the first week in April, practice is moved outdoors to Roberts Park. The above mentioned 39 days does not account for any inclement weather cancellations. It shall be the policy of the school district amd the City of Hutchinson that the school district will rent Roberts Park for $1600 per softball season for the above mentioned use. This cost is based on 40 days x 3 fields. This includes material, labor and use of city equipment. Baseball As of this time we do not have a schedule for use of Tartan Park as • it is not prepared for this spring. The cost for the use of this facility will be determined at a later date. It is agreed between the Hutchinson School District and the City of Hutchinson that the school district will rent Tartan Park at a cost of $600 per year for the high school baseball season, effective with the 1993 school year. This includes material, labor and use of City equipment to prepare and maintain the baseball field for practice and games of the high school baseball team. This agreement is for five years: 1993 through 1998. In lieu of cash payment for this five year lease, the school district agrees to confer upon the City a 24' x 24' building constructed by the high school carpentry class. The aforementioned building to be built during this contract period and will be conferred to the City with the moving and placing of said building being the responsibility of the City. The City shall provide any cement work and the garage door. Track Should the city recreation department decide to offer track activities, a cost for the use of the track will be determined. 11 -2- • Golf It shall be the policy in the use of the city recreation building that only golf wiffle balls can be used in the facility and these wiffle balls must be hit off special rubber mats used for indoor golf. Tennis It shall be the policy that the school district and the City of Hutchinson will share equally the cost of maintaining tennis court surfaces, lights and fences. The tennis courts referred to are located on the elementary school and high school site. This equal sharing of maintenance costs will allow the school district to use the courts for the high school program and allow the city recreation department to use the courts for their activities. The school sports season shall receive priority time on the courts. This policy has been adopted by the city council and the school board and will remain in effect from July 1, 1992 to June 30, 1994. Superintendent of Schools City Administrator • Date 171 -3- Date C June 4, 1992 M E M O R A N D U M TO: Mayor & City Council FROM: Connie Mangan, Downtown Project Coordinator SUBJECT: Downtown Life Safety Grant Program Fire Marshal George Field has now completed the inspections of all buildings whose owners have applied for assistance through the City of Hutchinson's Life Safety Grant Program. Project plans and specifications are being completed, and the project is ready to bid. The project will be awarded by the City under one contract. • The goal of the program is to give tenants safe egress from the building in the event of a fire. To accomplish this goal, we propose to install the following items as needed in each of the applicants' buildings: 1. Interconnected smoke detectors on each floor 2. Type X sheetrock on the underside of stairways, hallways and other openings 3. Other electrical life safety items 4. Exit signs 5. Emergency corridor lighting 6. Building entrance and /or exit separations The project is estimated at $125,000. As stated in the August 20, 1991 memo to the Mayor and City Council from the HCDC Board, if the bid exceeds $150,000 the project will be reconsidered. The funding for this project is from the City of Hutchinson's Revolving Loan Fund. • /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 9 - Printed on recycled paper - C June 8, 1992 MEMO TO: MAYOR 8 CITY COUNCIL FROM: KEN MERRILL. FINANCE DIRECTOR SUBJECT: BURNS MANOR HOSPITAL INTEREST__ The city advanced to the nursing home a loan of $70,000 2 years ago. The amount had been partially paid down and has been carried at an interest rate of 7 %. The books of the water and sewer fund, which carries this loan, shows a balance of $60,000 with interest earned of $5,927.54 at December 31, 1992. Interest has been accruing at the rate of $365.14 per month. We have been repaid on this loan per a schedule prepared by • Hospital Finance Director Karen Malmsten, within the past two months. We have received two payments totaling $20,000. The schedule calls for total repayment by December 1992. Of course as the payments are recorded the interest amounts decrease. Interest, if forgiven, would affect the water and sewer fund earnings. It should also be pointed out the city is currently carrying on the books about $22,800 from 1991 and prior which we have not ever charged interest. This represents charges for insurance, consulting work and other shared costs but paid in total by the city. • 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 cut n community hospital a Life Span' member 1 gnway 'S South, Hutchrsoh. Minnesota 5135 0 • Teepho ^e c'2,537 June 1, 1992 v 23,G456T8 RECEIVE_:) c The Honorable Mayor Paul Ackland and ti Members of Hutchinson City Council 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor Ackland and City Council Members: At their regular meeting in April, the Hutchinson Community Hospital /Burns Manor Nursing Home board of directors considered a request from staff to make a request to the City Council to ask forgiveness of past, present and future interest on the repayment of the loan that has a current balance of $60,000 for Burns Manor. The following reflects the discussion held on this matter: "BMNH Loan Interest: Gilmer and Graves reported on their recent discussion with Mayor Paul Ackland regarding the $90,000 borrowed by the nursing home prior to the merger from the City at 8% interest. The City Attorney and City's director of finance were asked if they would remove • the interest charges. They responded by asking that the HCH /BMNH board send a request to the City Council to remove interest charges on that debt. A repayment plan to pay back the loan from the City and pay back the approximate $10,000 to the memorial fund (used to help finance the same project) will be made. Mayor Ackland indicated a willingness to do so in lieu of HCH funds used to pay for costs associated with the merger. Malmsten will work with the City's finance director regarding this. "Following discussion: "Motion was made by Skeie, seconded by Gilmer, to make a request of the City Council for their forgiveness of past, present and future interest on the $90,000 loan to Burns Manor. All were in favor. Motion carried." Karen Malmsten, the director of finance for our organization, has met with Ken Merrill and has worked out a rather aggressive repayment schedule for this debt. We thank you for your consideration of this request. If you have further questions, please don't hesitate to contact me. Sincerely, HUTCHINSON COMMUNITY HOSPITAL/ BURNS MANOR NURSING HOME '- '� 4L 6 --e� Philip G. Graves Chief Executive Officer • PGG4h 9 -� :18eflu'rioix NO. RESOLUTION DECLARING7 COST 1 BE ASSESSED AM11 LETTING ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMEW ROLL NO. 277 / PROJECT / 1 WHEREAS, cost has been determined for the improvement of First Avenue N.E. from Hassan Street to Adams Street by the construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances, and the bid price for such improvement is $161,557.20, and the expenses incurred or to be incurred in the making of such improvement amount to $35,542.5$ so that the total cost of the improvement will be $197,099.78, NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HHUTCH321SON, H02IIE.SOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $119,728.29 , and the portion of the cost to be assessed against benefitted property owners is declared to be $ 77,371.49 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1993, and shall bear interest at the rate of 6.2 (+ or -) percent per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 9th day of June, 1992. City Administrator 0 Mayor 9 -//, RESOLUTION NO. RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 277 LETTING NO. 4 PROJECT NO. 92 -07 WHEREAS, by a resolution passed by the Council on the 9th day of June, 1992, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving First Avenue N.E. from Hassan Street to Adams Street by the construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCF@1SON, MINNESOTA: 1. A hearing shall be held on the 14th day of July, 1992, in the Council Chambers at City Hall at 8:00 P.H. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid October 1st, 1992. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 9th day of June, 1992. 1 City Administrator Mayor 0 �14 RESOLUTION NO. RESOLUTION DECLARING ADEQ . ORDERING PREPARATION OF REPORT LETTING NO. 12 PROJECT NO. 92 -18 BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A certain petition requesting the improvement of Hutchinson Utilities Access Drive Industrial Boulevard from Michigan Street to City Limits by construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances, filed with the Council on June 9th, 1992, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the Director of Engineering and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as • recommended. Adopted by the Council this 9th day of June, 1992. City Administrator • Mayor 9 CITY OF HUTCHIKSON 37 WASHINGTON AVENUE WEST • HUTCHINSON, HN 55350 ENGINEER'S REPORT DATE: June 9, 1992 T0: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 12, Project No. 92 -18 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. Project No. 92 -18: Hutchinson Utilities Access Drive (Industrial Boulevard) from Michigan Street to City Limits by construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances. Construction Cost Engineering /Administration (14 %) Fiscal /Legal /Capitalized Interest (8 %) ESTIMATED TOTAL ---- --- ---- - - - - -- Assessable Cost Deferred Assessable Cost City Bonded City Other Funds MSA MNDOT ESTIMATED TOTAL ---- - - - - -- " Hutchinson Utilities JPR /pv S 172,000.00 • S 24,080.00 S 13,760.00 ------ S 209.840.00 $ 0.00 $ 0.00 S _ 50,000.00 S 159,840.00' S 0.00 $ 0.00 -- ----------- - -- S 209,840.00 • RESOLUTION NO. • RESOLUTION RECEIVING REPORT, WAIVING NEARING AND ORDERING IMPROVEHENT AND PREPARATION OF PLANS ILTTING NO. 12 PROJECT NO. 92 -18 WHEREAS, a certain petition requesting the improvement of Hutchinson Utilities Access Drive Industrial Boulevard from Michigan Street to City Limits by construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances, was duly presented to the Council on the 9th day of June, 1992; and WHEREAS, pursuant to resolution of the Council adopted June 9th, 1992, a report has been prepared by the Director of Engineering with reference to the improvement, and this report was received by the Council on June 9th, 1992; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA; 1. The Council finds and determines that said petition was signed by all owners of real property abutting upon the street(s) named as the location of the improvement and a hearing on said improvement is hereby waived. • 2. Such improvement is hereby ordered as proposed in the Council resolution adopted June 9th, 1992 3. John P. Rodeberg is hereby designated the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 9th day of June, 1992. City Administrator • Mayor RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS • AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 12 PROJECT NO. 92 -18 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Hutchinson Utilities Access Drive Industrial Boulevard from Michigan Street to City Limits by constriction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be publicly opened at 2:00 p.m. on July 6th, 1992, in the Council Chambers of the City Hall by the City Administrator and Director of Engineering, will then be tabulated, and will be considered by the Council on • July 14th, 1992, in the Council Chambers of the City Hall, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Administrator and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 10 percent of the amount of such bid. Adopted by the Hutchinson City Council this 9th day of June, 1992. Mayor City Administrator • DAVID H. ARNOTD •o +Rx a. MoDOME Li, STEVEN e. ANDERSON O. HARRY ANDERSON' STRVP.N S. RODE uuRA R, PRETI AND DAVID A. DAVEGOENANN PAUL D. DOVE" JOSRPR M. PAISMENT GAMES UT11EY RICHARD O. WOES CATRRYM D. REN6R June 5, 1992 Aimox,,'? & MCDOWELL ATTORNEYS AT LAW 5881 CEDAR LANE ROAD MINNEAPOLIS, i\'iTNNF90TA 55415 -1492 (612)545 -9000 MN TOLL PRER 500.073 -4545 FAX (*=) 545 -IIP3 OF coma•., WILLIAM N-. CAMRRON RAYMOND C. LAII,IER PAUL M.AF.OICII CHART.PS R.CARMTCRART," 501 SOUTH FOURTH STRP,Et PRINCETON, NINWTSOTA 55911 (O12)350-22L4 FAX (St2) 059.5500 101 PART[ PLACE HUTCHINSON, MINNESOTA 5]950 (612) 5B7-7515 FAX (612) 551.4006 Gary D. Plotz City Administrator EY U.S. MAIL AND FAX Hutchinson City Hall FAX No, 294 -4240 37 Washington Avenue West Hutchinson, MN 55350 RE: Country Club Terrace Mobile Home Storm Shelter (Evacuation Plan) Our File No. 3188 -90149 Dear Gary: • As was discussed in prior correspondence, Paul Zerby, an attorney employed with the Minnesota Attorney General's office, is in the process of commencing an action to revoke the license of Hutch, Inc. on the basis of their failure to construct an appropriate storm shelter as required by Minnesota State law. Ono of the issues that is likely to come up in the litigation has to do with the appropriate remedy. The Licensing Department has requested that the City of Hutchinson collect the rents from the tenants at Country Club Terrace and expend the funds so collected for the purpose of constructing a storm shelter. Essentially, the state is asking the city to serve as a trustee in this matter. I think it is very Intikely that the city will be called upon to act in this role, but I suppose since it is at least a possibility, formal City Council approval should be secured so that if Mr. Block ultimately fails to construct the appropriate storm shelter and after several appeals such a storm shelter needs to be constructed by some other party, the city is in a position to step in and see that the job gets done. According to Zerby, the City of Lakeville also agreed to serve in this capacity when a similar problem was encountered with the mobile home park in that community. The procedure worked well and, • as we expect with our problems with Hutch, Inc., in Lakeville the park owner eventually agreed to make the improvements and to pay for them himself. While I anticipate a similar result under the 'CKRTIFIT.D AS A CIVIL TRIAL 6PECTALTST AY THE MINNESOTA STATE DAN ASSOCIATION "CP.RTIM T) AS A REAL PROPERTY LAW SPECIALIST BY THE MN-NESOTA STATE SAU ASSOCIATION / ` Gary D. Plot2 June 5, 1992 Page 2 facts of our case, these matters are not without doubt and I would appreciate it if you would ask the City Council to consider at the next regularly scheduled City Council meeting (this coming Tuesday evening) whether or not it would be willing to serve in this capacity. I will ask for a formal motion to that effect at the time of the City Council meeting. Enclosed is a resolution that will serve to grant permission. Obviously, this item needs to be on the agenda for Tuesday evening. Thank you. Best regards. very truly yours, ARNOLD & McDOWELL G. Barry An rson GBA /pb Enclosure 149 -1c r.01 • 0 J ... _ . s.-.._ -. . 1 . Y ) ­ .. Y.. -.. .._...- J U N— M— 9 2 PR I 1 0: 4 9 A R N 0 L D 6. M c D 0 W E L L P. 0.4 • RESOLUTION NO. WHEREAS, the City of Hutchinson is a municipal corporation duly organized and authorized by Minnesota State Law and City Charter; WHEREAS, Country Club Terrace is a mobile home park previously licensed by the State of Minnesota, Department of Health, and is presently in noncompliance with Minnesota State Public Health and Safety Requirements mandating the construction of a storm shelter to protect the residents of Country Club Terrace; WHEREAS, the public health and safety of the residents of Country Club Terrace is a matter of concern to the City Council for the City of Hutchinson; WHEREAS, the State of Minnesota has requested that the City • Council agree to act as a defacto receiver for the purpose of collecting rents and disbursing said rents to appropriate parties for the construction of a storm shelter and the City of Hutchinson is willing to so serve; NOW THEREFORE BE IT RESOLVED by the City Council for the City of Hutchinson that the City of Hutchinson is willing and does agree to serve as a receiver for the purpose of collecting rents from Country Club Terrace and for the purpose of disbursing said rents to the appropriate parties for the construction of a duly licensed and qualified storm shelter for the health, safety and benefit of the residents of Country Club Terrace, provided, however, that said resolution is conditioned upon appropriate court order allowing the • City of Hutchinson to so act. Paul L. Ackland, Mayor of Hutchinson attests Gary D. Plotz • 0 0 KIRurrl tjUK 1NFKOY1iML6" $Y 100% TMRS DATED: 6TW3e 3,1992 TO 77-M COUNCIL OF THE CITY OF HMI CHINSON, MIWNESOTA: we,jthe undersigned, being 100% of the owners of the real property affected by impro ement(s) herein designated, respectfully petition your honorable body to make the following improvement(s) pursuant to Minnesota Statute 429: Con traction of ojrb, gutters and Bitmdn= surface on the fillowIng streets or rights -of -way: ' P.eith 8t.- frM Ciicadto Clevelalxi AM. All of ClerslAM3 W. WE �4vF X 1.1- � 81� {s$VIM-r, .17" ge And to wl4Iive the improvement a ent hearing under the terms of Hinneso Statute 429, and tv aasesh the vut$-r east of the impsgvement wgn3nst the effected p"p&rty_ OWW R tl I u` I rr rl .L 4 rr q L4 I ve caused an examination to be made of the records provided by the County of Hcl.eod, n order to ascertain the names -and addresses of each person, firm og corporal on having an interest In each lot, tract or parcel for which inprovamt is requested and against which a special assessmeut will be made for the entire cost of the i"pr vemeet. 'After malahg search and inquiry, I am idatrle t$firrd any'other' persons, rlrroY or corporation who have interest ether than those lf%tad. To my best kno ledge, the persons herein names are all the owners of properties affected by the 3mprovenent. BY:.l' TITLE:, \1,ca FM.7 0 TOM. P.9L TOTAL P.02 C FIRST ADDENDUM CITY OF HUTCHINSON'S REQUEST FOR PROPOSAL INTERIM REFUSE HAULING SERVICES June 9, 1992 Dear Interested Refuse Hauler: The City of Hutchinson hereby encloses Addendum No. 1 to the original refuse hauling Recruest for Proposal as published in the Hutchinson Leader, June 9, 1992. The attached Addendum No. 1 will, likewise, be published in the Hutchinson Leader. If you have any questions, including but not limited to ballpark • estimates of residential refuse volume per year, ballpark estimates of compost material taken to the city designated compost site, scope of no charge refuse services for various City of Hutchinson departments, feel free to contact me at (612) 587 -5151, Ext. 201. Sincerely, CITY OF HUTCHINSON Gary D. Plotz City Administrator GDP: mjs Enc. cc: Mayor & Council G. Barry Anderson, City Directors • City Hail 37 Washington Avenue West (612) 587 -5151 City Atty. Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 140-A FIRST ADDENDUH TO CITY OF HUTCHINSONIS REQUEST FOR PROPOSAL FOR INTERIM REFUSE HAULING SERVICES This addendum is issued by the City of Hutchinson this _ day of June, 1992. RECITALS: 1. The City of Hutchinson has issued a request for proposal dated for the purpose of requesting proposals for the hauling of garbage and refuse for residents for the City of Hutchinson for the period of July 1, 1992 through September 30, 1992; 2. Since the issuance of the request for proposal, requests for clarification of some of the requirements of the initial proposal have been made by parties interested in submitting • proposals; 3. This addendum no. 1 to the request for proposal is r, U expressly made a part of and is included in the request for proposal previously issued and except as noted below, does not alter, change, extend or modify any of the terms of the request for proposal. YOU AND rACH OF YOU ARE HEREBY NOTIFIED OF THE FOLLOWING: 1. Containers. Residents of the City of Hutchinson shall not be required to use a specific form or size of container. Any size or type of container is permitted during the period of interim service, with no limitation on the number of containers. Hard goods and white goods shall also be picked up weekly by the hauler. 1 2, Backyard S Parties serviced under this contract shall be required only to place their refuse and garbage adjacent to the home or the garage. 3. Landfill Cha=—es. During the period covered by the interim service contract, landfill charges shall be the responsibility of the hauler. 4. Bit ins. The city shall be responsible for billing cuatomers based on one water meter per residence. if there is more than one dwelling unit per water meter, up to a maximum of 4 dwelling units, it shall be the responsibility of the hauler to collect the charges due for hauling services over and above the base charge for one water meter per dwelling unit. in all other respects, the request for proposal previously issued by the City of Hutchinson shall remain in full force and effect. Da 1 r i i Gary D. Plotz Hutchinson City Administrator 2 • REGULAR COUNCIL MEETING JUNE 9, 1992 -------------------- - - - - -- WATER & SEWER FUND *Withhold Tax Acct employer contribution 1,095.64 *US Postmaster water bills postage 239.11 A & B Electric prelube wiring control 3,960.00 Am Payment Center drop box rent 64.00 CAPP valves 218.14 Citizens Bank 5 savings bonds 250.00 City of Hutch June medical 2,883.07 City of Hutch June dental 337.81 Coast to Coast supplies 640.28 County Market filters 6.76 Curtin Matheson lab supplies 148.77 DPC chemicals 382.70 Ebert, Dick conference expense 109.30 Erickson More 4 groceries 2.19 Farm & Home supplies 85.70 Fitzloff Hardware supplies 54.11 Floor Care towels 44.30 Fortis Benefits June LTD 116.44 G & K Services uniforms 215.34 Gopher State One Call May service 155.00 Greenbriar plant- Graham 17.95 Hutch Cenex fuel & fertilizer 736.82 • Hutch Leader recycling 108.80 Hutch Telephone phone service 394.21 Hutch Wholesale go jo 25.09 Ideal Shoe Shop sew belt 20.00 Jerabek Machine pipe 12.60 Junker May refuse service 58,887.84 Juul cement up sewer 88.00 L & P Supply tractor 3,406.03 Meier, Doug Vactor training 204.77 Metal Craft nameplates 391.37 MN Mutual Life Ins June life ins 49.14 MN Valley Testing tests 385.25 Nalco Chemical chemicals 20,949.77 PERA employer contribution 598.01 Quade Electric pump repair 174.80 Schramm Implement blades 26.34 Standard Printing supplies 26.99 State Treasurer renewal licenses 30.00 Tri County Water salt 13.20 US Postmaster May postage 125.45 VWR Scientific lab supplies 95.78 Water Env Fed reg- DeVries 125.00 TOTAL $97,901.87 • CENTAL GARAGE FUND • *Withhold Tax Acct Brandon Tire Brandon Tire Carquest Carquest Champion Auto City of Hutch City of Hutch Coast to Coast Farm & Home Farm & Home Fitzloff Hardware Fortis Benefits G & K Services Hutch Wholesale Hutch Wholesale L & P Supply MacQueen Equipment Midwest Machinery MN Mutual Life Ins MTI PERA Plowman Schmeling Oil • US Postmaster WD Cooling WD Cooling Wigen Motor Wigen Motor Ziegler GENERAL FUND *MN Dept of Rev *US Postmaster *DNR *DNR *Ranch Restaurant *Sisseton Sioux RR *Fairmont *Withhold • *Alex Tech *D.Johnson *J.Rivers *Withhold Opera House Tax Acct College Tax Acct employer contribution tire patch tires supplies supplies parts June dental June medical mailbox supplies supplies handle June LTD uniforms parts supplies parts equip parts parts June life ins assembly employer contribution parts oil May postage repair repairs repairs repairs motor TOTAL sales tax newsletter postage title fees registration fees Sr. tour 92 admissions 92 admissions employer contribution registrations advance return of seized funds May excise tax 87.20 11.50 432.50 814.99 106.22 68.98 43.79 345.67 11.78 22.46 18.41 1.99 13.53 48.24 37.39 174.41 17.63 260.47 223.52 5.67 82.50 51.08 29.24 1,233.00 5.80 146.60 770.20 322.00 583.36 250.16 $6,220.29 162.50 213.71 153.00 277.00 667.00 92.00 200.00 6,143.25 150.00 100.00 63.94 28.80 All Seasons • Allen Office Anderson Interiors Automation Supply Bennett Bennett Office Bethke,S.& Great Plains Big Bear Bleodel Monument Bradford, Prochnow Brandon, Howard Brandon Tire Brandon Tire Breitkreutz, Jeri Bremix Brinkman Brown,A.& Bernhagen Elec Bulau, Mary Camera Shop Carr Flowers Carter, Ron Cash Wise Cellular 2000 Chamber of Commerce Charles Bailly City of Hutch • City of Hutch Clarey's Equipment Coast to Coast Comm of Transportation Comm of Transportation Copy Equipment County Market County Recorder County Treasurer DNR DNR Dyna Systems Eiler, Mark Englemann, Esther Ericksons More 4 Fabricare Cleaners Family Rexall Farm & Home Fitzloff Hardware Fitzloff Hdwe Floor Care Fortis Benefits Four H Program G & K Services Glencoe Uniforms • Gopher Sign Greenbriar Guardian Pest Hallahan, Sue Heil, Arne Henry's Foods plant supplies paint disks service contract typewriter, contracts, housing rehab parts services prof services volleyball refund tire repairs plug tire summer club refund concrete & parts magnifier housing rehab fastpitch refund prints flowers safety boots groceries phone service June rent audit work June dental June medical seal kits supplies hangar payment traffic counts supplies supplies recording fees DL fees title fees reg fees rivet gun flowers Sr.tour refund groceries parachute supplies supplies supplies supplies supplies June LTD workshop uniforms uniforms signs plants May service volleyball refund mystery tour refund supplies supp 29.66 11.42 211.68 37.90 10.00 461.70 128.00 54.00 1,620.00 1,139.80 20.00 24.83 3.00 11.00 150.25 14.95 900.00 18.00 21.46 30.00 30.00 152.96 149.58 408.82 4,700.00 2,680.58 22,093.59 59.00 66.12 700.00 784.00 61.05 9.76 15.00 122.50 53.00 477.00 53.69 90.00 42.00 12.79 5.00 117.70 362.72 72.25 88.06 532.47 972.14 24.00 571.35 495.50 105.06 51.95 19.25 45.00 40.00 84.50 Hoernemann, Michelle summer club refund 11.00 • Hutch Ambassadors Hutch Cenex signage reimbursement fuel 1,000.00 3,477.54 Hutch Fire & Safety inspections 8.90 Hutch Leader circus ads 231.62 Hutch Leader ads & notices 594.99 Hutch Plbg & Htg repairs 343.05 Hutch Telephone phone service 3,017.07 Hutch Wholesale supplies 19.92 Hutch Wholesale supplies 153.71 Ink Spots paper 122.75 Jayco aviation fuel 9,751.57 Jerabek Machine adapter 18.00 Jim's Garden till garden 85.00 Juul repair CB 330.00 L & P Supply oilers & plugs 72.04 Land Care Equipment tractor 2,996.50 Larson, Mary shelter refund 20.00 League of MN Cities wrap up session 25.00 LETN June service 288.00 Mangan, Connie mileage 52.92 Marco typewriter repair 95.38 Martin, Greg soccer coach 262.63 McGarvey Coffee coffee 54.90 McLeod Coop Powr electricity 668.71 Merrill, Ken Logis meeting 16.88 • Mid MN Hot Mix MN City /Cty Mgnt sand dues 260.75 55.00 MN Mutual Life June life 394.17 MN Rec & Park 3 registrations 51.00 Mr.Movies movie rental 2.28 MSF sanctioning fees 40.00 Olson's Locksmith lock repair 40.80 Otto, Lyla Sr.tour refund 42.00 PERA employer contribution 6,708.49 PERA -DCP employer contribution 28.71 Performance Comp forms 178.63 Peterson, Lyndon Sr.Prom music 75.00 Plaza Hdwe supplies 23.50 PPCT Mgnt Systems kick bags 99.34 Public Safety Equip beacons 75.94 Quade Electric electrical parts 195.85 Quast, Julie swim refund 30.00 Schlueter, Bernett Sr.tour refund 42.00 Schmeling, Brent softball refund 25.00 Schmeling 0I1 oil 117.38 Schramm, Violet Sr.tour refund 42.00 Schramm Implement blades 52.66 Sewing Basket emblems 14.10 Shoutz, Mark expense 100.00 Sitz, Hazel Logis meeting 32.40 Sorensen Farm rental 50.50 • Standard Printing paper & supplies 960.55 Star Cablevision June service 4.07 Streichers lock head & clipboards 74.40 Stritesky, Marjorie mystery tour refund 20.00 Studer, Mike safety boots 30.00 Swanson, Evan softball refund 25.00 Templeton May contribution 324.59 • Thran, Esther Sr.tour refund 42.00 Tri County Water salt 79.20 Two Way Communications microphone 210.00 UBC supplies 426.33 Up & Away Balloons balloons 20.00 US Postmaster May postage 645.72 Velkov, Vera camp refund 32.00 Victorian Inn room - Gerebi 42.26 Witte Sod sod 6.75 Wm Mueller sand 166.16 Xerox contract payment 329.80 TOTAL $85,431.65 • • BOND FUNDS RURAL FIRE DEPT Coast to Coast supplies 1.38 Farm & Home parts 62.22 Hutch Cenex fuel 142.56 TOTAL $206.16 YOUTH CENTER *Withhold Tax Acct employer contribution 87.97 Fortis Benefits June LTD 11.10 MN Mutual Life Ins June life ins 4.62 City of Hutch June medical 154.46 City of Hutch June dental 15.64 US Postmaster May postage 2.03 PERA employer contribution 51.52 Hutch Telephone phone services 28.63 Star Cablevision cable service 22.45 Hutch Leader advertising 36.92 Jude Candy supplies 119.40 US Toy supplies 69.59 Viking Coca Cola supplies 206.01 TOTAL $810.34 • 1990 TAX INC CONST LTP Enterprises abandonment of well 150.00 Winkelman Bldg const of bldg 13,500.00 TOTAL $13,650.00 1992 TAX INC CONST *Hutch Farm Service purchase of property 80,758.35 *McLeod Cty Recorder state deed tax - Jannousek 132.00 County Recorder recording deed 15.00 McLeod Title recording mortgages 45.00 TOTAL $80,950.35 BONDS OF 1991 Quam Construction est #6 21,050.40 Annandale Contracting est #7 3,175.20 Wm Mueller est #4,5,6 35,312.98 TOTAL $59,538.58 BONDS OF 1992 CONST Duininck Bros est #1 6,596.80 Wm Mueller est #1 51,357.28 • TOTAL $57,954.08 DAVID ".ARNOLD •OAHY D. M<DOWELL STEVEN A. ANDERSON O.EARRT ANDERSON' STEVEN S. HOOE IACRA R. FRETLAND DAVID A. HRDEOOFMANN PADL D- DOVE" JOSEPH M. PAIEMENT JAMES II EY RICHARD O. MCOEE TIMOTHY W. FAFINSRI MARY E. HORROCRS CATHRYN D.REHER • May 28, 1992 A13NOLD & McDOWELL ATTORNEYS AT LAW IOl PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 PAX (612) 567 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Sam Ulland Matter Our File No. 3244-87011 OF CO NSE1 WILLIAM W. CAMEHON RAYMOND C. LALLIEH PAOL M- BEOICH CHARLES H.CAR_HICH L- SE61 CEDAR LAEE ROAD MINNEAPO LI9, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE BOO -34.3 -4165 7AX(6@)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369 -2214 FAR (612) 389 -5506 EY Cb, Sl4l� Dear Gary: Enclosed please find a Notice of Filing Order and an Order dismissing all matters relative to Mr. Ulland. Please include this in the next Council packet. I believe with your receipt of this judgment, this matter has now been fully resolved. Please do not hesitate to contact me with questions. Best regards. Very truly yours, PLNOLD & Mc WELL Bar? Anderson GBA:lm Enclosure - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE EAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION STATE OF MINNESOTA • COUNTY OF McLEOD --------------- -- - -- Sam Ulland, Plaintiff, 0 C� VS. The City of Hutchinson, DISTRICT COURT FIRST JUDICIAL DISTRICT ----------- ------ ----- ------ ---- -- -- -- - - -- NOTICE OF FILING ORDER Defendant. ----------------------------------------------------- ------- - - - - -- TO: PLAINTIFF SAM ULLAND, P.O BOX 157, WINSTED, MN 55395: PLEASE TAKE NOTICE, that the Order attached herto as Exhibit A was signed on May 19, 1992 and was filed in the above - mentioned matter with the Court Administrator on May 19, 1992. Dated: PUSTORINO, PEDERSON, TILTON 6 PARRINGTON By * MARY P. �REEHY, #216 7J Attorneys for City o Hutchinson 4005 West 65th Street, #200 Minneapolis, MN 55435 (612) 925 -3001 l STATE OF MINNESOTA COUNTY OF HcLEOD DISTRICT COURT FIRST JUDICIAL DISTRICT r� L Sam Ulland, Plaintiff, Court Pilo: 21781 vs. ORDE 6 JUDGMENT The City of Hutchinson, MN, Defendant. ------ -- -- --- --- -- -- ----- -- ---- - - - - -- The above - entitled matter came on for hearing on the 19th day of MAY , 1992, before The Honorable Richard J. Henke of the above -named Court on a motion by Defendant The City of Hutchinson for an Order.dismissing Plaintiff's Complaint for failure to state to a claim upon which relief can be granted, or alternatively, summary judgment. • IT IS HEREBY ORDERED: 1) Defendant's motion to dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted in hereby granted. 2) Plaintiff's Complaint is, and all things, dismissed with prejudice. LET JDDGHENT BE ENTERED FORTHWITH. Dated at Glencoe, Minnesota , thin 19th day of May 1992. Hono able Richer J. Menke Judge of Distric Court • RUM IT 66JI.-a June 3, 1992 ARNOLD & MCDOWELL ATTORNEYS AT l,Aw 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 MP. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue Hutchinson, MN 55350 RE: Phase II Development Our File: 3244 -91046 (612) 587 -7575 FAX (612) 567 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON OF COONSEL WILLIAM W.CAMERON RAYMOND C. IdII IER PADL M.BEOICH CHAHLES R.CARMICHAEL" reel CEDAR LASE ROAD MINNEAIbLIS, MINNESOTA 554L6 (612) 545 -9000 MN TOLL FREE 800-34.'I -4545 FA (6W)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369 -2214 FAA (612) 369 -5506 FOR YOUR INFORMATION jum i59� v RECEIVED BY �/ Dear Gary: I thought I would drop you a note for inclusion in the next council packet regarding the status of this matter. As you may recall, a meeting was held between Erickson's Diversified Corporation, Everest Development Group and representatives of the City to discuss various issues in connection with the Phase II Development. One of the issues that came up had to do with the condominium agreement between the -City of Hutchinson and Erickson's. As I pointed out, under the agreement, although it is a hypothetical and unlikely to occur problem, it is possible that at some future date, the City could be pushed out of its condominium space and under compen- sated for the space since the agreement provid6s that Eric ksow s is required to pay the original price as compensation. In other words, again speaking hypothetically, on the 14th anniversary of the closing, Erickson's could require the City to move from the space (although, under the present agreement, this would effectively be the second expansion), and the compensation due the City would be the amount paid by the City at the time of the initial transaction. That may, or may not, be a fair price depending upon the status of the • commercial real estate markets at that time. In fact, there are a •CZHTTEI D AS A CIVIL THLAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B. An OIL •OAHY D. MCDOWEI STEVEN A. ANDERSON O. HARRT ANDERSON' STEVEN S. HOOE LAURA K.FRETLAND DAVID A- BRUEODEMANN PAUL D- DOVE" JOSEPH M. PA EMENT JAMES UTLEY RICHARD O. NcOEE TIMOTHY W. FAFINSEI MARY E. HOHROCES CATHRYN D.REHER June 3, 1992 ARNOLD & MCDOWELL ATTORNEYS AT l,Aw 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 MP. Gary D. Plotz Hutchinson City Administrator 37 Washington Avenue Hutchinson, MN 55350 RE: Phase II Development Our File: 3244 -91046 (612) 587 -7575 FAX (612) 567 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON OF COONSEL WILLIAM W.CAMERON RAYMOND C. IdII IER PADL M.BEOICH CHAHLES R.CARMICHAEL" reel CEDAR LASE ROAD MINNEAIbLIS, MINNESOTA 554L6 (612) 545 -9000 MN TOLL FREE 800-34.'I -4545 FA (6W)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369 -2214 FAA (612) 369 -5506 FOR YOUR INFORMATION jum i59� v RECEIVED BY �/ Dear Gary: I thought I would drop you a note for inclusion in the next council packet regarding the status of this matter. As you may recall, a meeting was held between Erickson's Diversified Corporation, Everest Development Group and representatives of the City to discuss various issues in connection with the Phase II Development. One of the issues that came up had to do with the condominium agreement between the -City of Hutchinson and Erickson's. As I pointed out, under the agreement, although it is a hypothetical and unlikely to occur problem, it is possible that at some future date, the City could be pushed out of its condominium space and under compen- sated for the space since the agreement provid6s that Eric ksow s is required to pay the original price as compensation. In other words, again speaking hypothetically, on the 14th anniversary of the closing, Erickson's could require the City to move from the space (although, under the present agreement, this would effectively be the second expansion), and the compensation due the City would be the amount paid by the City at the time of the initial transaction. That may, or may not, be a fair price depending upon the status of the • commercial real estate markets at that time. In fact, there are a •CZHTTEI D AS A CIVIL THLAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Gary D. Plotz June 3, 1992 Page 2 • number of commercial properties that are worth less today than they were worth many years ago when those projects were completed. Nonetheless, this does raise the potential for an unfair situation for either party, and in view of the expansion of the building, the liklihood of being able to expand the liquor store on site is probably nil. This means that any expansion will be off site. This raises two issues. First, with respect to the development agreement, it would be my re- commendation that the agreement be amended along the lines of our discussion in the course of our meeting last week. As you may recall, the discussion centered around any expansion after the eight year mark. This would mean that up to eight years, Erickson's could aquire the space by giving the appropriate 18 month notice (18 months prior to the 5th and 8th anniversaries respectively) in exchange for payment to the City of $275,000.00. Thereafter, Erickson's could aquire the property, but would be required to pay the City a fair market value as determined by an as yet undesignated appraisal method. This would mean that if no 18 month-notice is given at the 6 112 year mark, no notice could be given until 18 months prior to the 11th anniversary and in the latter case, the City's interest in the properto would be evaluated and paid based on the then existing fair market value. Please note this may work to the advantage of the City or, conceivably, could work to the disadvantage of the City, but on a fair market basis, presumhbly the City would be able to use those funds to build`an equiv- alent municipal liquor Store elsewhere. I would recommend formulation much like the one outlined above. I am anticipating we will receive language from Everest and I will forward it to the city council when received. In the interim, I would suggest that this information be provided to the council for its review and consideration, although not necessarily any action, at the next regularly scheduled city council meeting. The second issue that this creates is the question of what to do with the space adjacent to the Shopko site. In view of at-least the remote possibility of expansion, and in view of the fact that the existing - space is probably not well suited for any other obvious use, it would be my recommendation that the existing land be "banked" at least for a few years so that the needs of the community could be better evaluated. This is a policy question and, as always, a question for the council to determine. F_ 1 U Mr. Gary D. Plotz June 3, 1992 • Page 3 Please do not hbsitate to contact me should you have any questions in connection with any of the foregoing. Thank yon. Best personal regards. Very trul ARNOLD & G. Barry GBA:srm 0 • •DAVID B. ARNOLD DARY D. Mc MN EL. STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. BODE LDRA S. FRETLAND DAVID A. BRUEDOEMANN PAUL D. DOVE — JOSEPH N.PAIRMENT JAMES UTLEY RICHARD O. MCOEE TIMOTHY M. FAFINSEI )IABY E. HORROCES CATHRYN D. HEHER AiRNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 Mr. William A. Moeller Gislason, Dosland, Hunter & Malecki State and Center Streets P.O. Box 458 New Ulm, Mn. 56073 (612) 587 -7575 FA% (617) 567 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON June 1, 1992 Re: Word of Life Christian Outreach • Your File No. 13774 -001 Our File No. 3188 -91193 Dear Bill: Or CO".ZL WILLIAM W. CAMERON RAYMOND C.LALLER PAUL X.BEOICH CHARLES R.CARMICHAEL" S CEDAR LASE ROAD MINNEAPOLIS,MINNESOTA 55416 (SIR) 545 -9000 MN TOLL FREE 600 -34.7 -4545 FAE(612) 545 -1)93 501 SOUTH FOURTH STREET PRINCETON,M S 55371 (612) 369 -9714 FA (612) 369 -5506 FOR YOUR INFORMATION P- -,� JUrI;IA2 N RECEIVED C LJ c- Thank you for your letter of May 21, 1992 which was an effort to explain the entire transaction from the standpoint of your client. I met with Rev. Hall and we discussed at some length the entire history of this matter. As you have requested, I have provided the City Council a copy of your letter, as well as a copy of this correspondence. I can assure you the City considers this matter resolved and a closed chapter. The point that was of some concern had to do with the "non assumability" issue; I have advised the Council, and I will advise you, that at no time did Word of Life make a formal commitment that such a clause was to be included in any agreement. I believe there was an underlying assumption in that regard, but at the time those discussions were taking place, it appeared that the property was going to be improved by Word of Life. In any event, this matter has now been resolved and with receipt of the payment called for under the agreement, there should be no further need for any action on the part of either your office or this office. - CERTIFIED AS A CIVIL TELL SPECIALIST BY THE MINNESOTA STATE RAE ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR AHBOCLTION Mr. William Moeller June 1, 1992 Page 2 Thank you for taking the time to write. Best personal regards. CC Gary D. Plotz • 0 • LAW OFFICES GISLASON, DOSLAND, HUNTER S9 MALECPEI A PARTNERSHIP INCLUDING A PROFE551ONAL ASSOCIATION SIDNEY P. GISLABON 11908-1985, C. ALLEN DOSLAND DONALD F. HUNTER. P. Al JAMES H. MALECKI DANIEL A. GISLASON ROBERT M. HALVORSON' C. THOMAS WILSON JOHN C. HOTTINGER DAVID D. ALSOP RUTH ANN WEBSTER BARRYG.VERMEER GARY W. KOCH' � WILLIAM A. MOELLER• TIMOTHY ►_ TOBIN' KURT D. JOHNSON ROGER H. GROSS REPLY TO New Ulm NEW ULM OFFICE STATE AND CENTER STREETS P.O. Box 458 NEW ULM. MINNESOTA 56073 TELEPHONE: 507 384 -3111 TELECOPIER_ 507 354 -5447 MINNEAPOLIS OFFICE OPUSCKHTER •VITEI 6[ M.A. [.PT MINNETONMA•MINN[.OTA 50243-2907 MANKATO OFFICE ICE [. HICKORY .Y T[ SOO M. NM.TO. MIM N[00T. .[002'21[] May 21, 1992 Mr. Barry Anderson Attorney at Law 101 Park Place • Hutchinson, MN 55350 -2563 Re: Word of Life -- City of Hutchinson Your File No. 3188 -91193 Our File No. 13774 -001 Dear Barry: DAVID W. STURGES• R. STEPHEN TILLITT MARK S. ULLERY REED H. GLAWE' WADE R. WACHOLZ BEVERLY BABCOCK KRANZ JEFF C. BRAEGELMANN NOEL L. PHIFER LAURA L. MYSLIS ANDREW A. WILLAERT DANIEL A. BECKMAN ANNE T. JOHNSON ELLIOT L. OLSEN LISA J. MALL- NIESEN- CAROLE L. ISAKHON DAWN R. SCHI[FELSEIN First of all, I am happy and relieved that we finally have an agreement regarding the Word of Life Outreach Property. My file reflects that the first meetings conducted on this matter were over a year ago. I am sure it is a relief for all sides to finally have the matter closed. I just wanted to write to provide some additional information to the council members. I know that when the matter regarding this property was voted on, there was some concern by the mayor and another council member that Word of Life had been deceitful by claiming that they had not purchased the interest in this property for speculation purposes. The statements made that the property is now up for sale is absolutely correct. However, I want to provide factual background from Word of Life's prospective and hope that members of the Council will come to realize that this was not the intention at the outset. • The Council first voted to abate the assessments when Word of Life had one day left to exercise their right to repurchase. In attempting to do so, they were informed by Ed Eide that they needed a letter of abatement from council dealing Attorneys also admitted In 'Iowa 'Wisconsin r Illlnols 4 North Dakota GISLASON, DOSLANII, HUNTER & MALECKI PA13E 2 • Mr. Barry Anderson May 21, 1992 with the special assessments. It was their firm belief that had they not gotten that letter at the time when they did, their right to repurchase would have expired. Word of Life greatly appreciated the quick action taken by the City. Mayor Ackland expressed his belief that the assessments were not due in the first year. I personally think that is incorrect, but the information conveyed by Ed Eide at that time was that assessments would be due absent a letter of abatement. It certainly was reasonable, I believe, to rely upon Mr. Eide's statements. After the letter of abatement was issued, I met with You and Mayor Ackland and John Milinar on May 7. At that time, we tried to reach an agreement regarding the rate of interest to be paid and the period of time over which it was to be paid. However, both Mayor Ackland and Dave Milinar made a very strong expression at that meeting that they would never approve use of that property for school purchases. They were well aware that Word of Life wanted to build both a church and a school on those • lands. I remember someone saying that they would express this at a Council meeting. They knew that although any such expression would not be binding on future councils, they wanted all future councils to know that they took this action and expressly stated they were opposed to having the land used for a school as well as a church. This put Word of Life in a very difficult position. They had hoped in the future to be able to build a school on the land in conjunction with a church. However, they fully recognized the strong opposition and knew that there was a substantial likelihood that they could build a church and have the council refuse to allow a school to be built at some time in the future. Pastor Jim Hall then consulted with another minister who he respects regarding this dilemma. He was counseled at that time that if other land was available that could be used for both church and school purposes, it would be best for all concerned (the city as well as Word of Life) if Word of Life looked elsewhere for their church and school combination. With negotiations on this repayment of special assessments taking a rather extended period, Word of Life felt it was best to heed that advice. They are presently looking for a site that the city would recognize could be used for both church and school • purposes. They have one very strong possibility at this time, but have not finalized any deals. It is clear that Word of Life will not be able to own two pieces of property, build a church, GISLASON, DOSLAND, HUNTER & MALECKI • PAGE j Mr. Barry Anderson May 21, 1992 and build a school. Consequently, a tentative decision has been made to sell their property. I can assure you with total candor that from the first time that I discussed the issue of taxes and special assessments with them, they were firmly committed to using this property to build a church and school. They hung on to that position as long as they felt that this was a realistic possibility. However, with the Council expressing strong disfavor regarding the school, there really seemed to be no other alternative but to sell the property. The property was never bought simply for resale. It was bought to build a church and school. Now, they have come to realize that this may very well be impossible on that site given the city's position. I wish that you would share this letter with Mayor Ackland and the council members. It is not Word of Life's desire • to create any animosity with the City Council nor create any problems for anyone else coming in wanting to repurchase property. We hope that you can recognize and appreciate the difficult dilemma and decision that this created for Word of Life. I want to thank you and the council for finalizing the agreement. I look forward to receipt of the agreement for Word of Life's signature. Sincerely, W)-� a- O William A. Moeller WAM:cw CC. Jim Hall g 0, yv , T �O wI 4o d,s(,oss S Lots of smart telecommunications people thought the cable companies were dinosaurs that would be overrun W; the telephone companies. But look who's overrunning whom. fOR YOUR IIV"ORMATI 0!y Cable's secret weapon By George Gilder IMAGINE that you're watching a film just ordered up over one of a cable television system's dozens of pay-per- view channels. The phone rings, but you don't reach for the phone. You reach for the Tv remote control unit. Hitting the pail /mute button to stop and silence the film, you take the call through the remote unit, which has become a wireless portable phone. Your phone bill next month bears the name not of the local phone company but of your local cable company. The CATv companies taking on the hone companies? Wasn't it supposed o be the other way around? Weren't the well- heeled telephone companies going to be the innovators that would Jay fiber -optic wires and deliver mov- ies, newspapers, bill paying, banking and other two -way video services to American homes, and drive the cable companies to the wall? So a lot of people, this writer in- cluded, thought. We were wrong. One of the most significant tele- communications deals occurred on Feb. 18. That's when Tele- Commu- nications Inc., the country's largest cable operator (see rablr, p. 84), agreed to buy 49% of Teleport Com- munications Group, Inc. from Merrill Lynch; the balance will be held by another cable firm, privately owned Cox Entcprises, Inc. Teleport has built up a 5100- million -a -year busi- ness by interconnecting major build- ings and corporations with fiber -optic cable and linking customers to other phone nerworks — thereby often by- passing the local telephone compa- u and their exorbitant switching argcs. Teleport, in short, brings Ter and Cox into direct competition with lo- cal phone companies in providing data transmission services to major corporations. With phone company data service revenue rising some six times faster than voice service rcvc- nue, TCl and Cox will be using Tele- port to attack the phone companies in one of their most profitable areas. This wasn't the first incursion by a Cn1v company onto telephone com- pany turf, and it certainlywon't be the last. As Tv market development man- ager of fiber -optic cablcmaker Cor- ning Inc., Jon Chester knows some- thing about the strategies and ambi- tions of the various telecommum- cations competitors. "The cable ry industry," says Chester, "is changing from being a video entertainment source to being a full- service telecom- munications supplier." The cable ry companies already enjoy a substantial lead over the tele- phone companies in the race to put smart wires into U.S. households. Currently, 60 out of every 100 Ameri- can homes arc hooked up to cable Tv; another 33 can easily be hooked up. By contrast, the telephone companies have pushed their wires into 93% of U.S. households. But those penetration figures arc misleading. What matters is not the quantity of wire but its quality—how much data can be passed through the wires, and how easily. On this score, the cable Tv companies are far out in Fiber -optic cable Tins Warner's Al cable - mft Is Itufal ft cable 9ks thle to deltvw 160 cable stations to booms In New•York's Queens bomgb. front of the telephone companies. The arteries of a cable Tv system arc the coaxial cables that run from the center of the system, the so -called headend, out to subscribers' homes. Over long distances, coaxial cable is not a very efficient conduit of elcc- tronic impulses; it is far inferior to fiber -optic cable. About every quar- ter -mile, coaxial cable requires an am- plifier to boost the signal and com- pensatc for resistance on the line. These amplifiers create electronic noise and virtually prohibit effrcicnt two -way communications on coaxial cable. Because of this limitation, most pay -per -view cATv systems and the various shopping channels depend upon both cable and telephone com- panies: Customers see the video pro- gramming via cable, but they order films or merchandise over the phone. Over short distances, however, co- axial cable is a highly cffrcicnt data conduit. Over stretches of 300 feet or less into the home, coaxial cable re- quires no amplifiers. Thus, across the so- called drop —thc distance from the 80 Forbes is April 13, 1992 General Instrument's Remote'N Phone itch Wkalaas phone /remote enrt- - unit trill ariaw couch pots• toes to take and make catb Ovono tltak cable yw tam tNteat leav- led tlra eaack. curbside ca- ble into the fiving room — coaxial cable can now handle as much data as fiber - optic cable, and far more than phone companies' conventional twisted -pair copper wires can transmit. In telecommunications industry jargon, coaxial cable over short dis- tanccs is what is called a "broadband pipe " —a conduit through which huge amounts of data can flow at enormous speed. Through a broad- band pipe, for example, the entire contents of the Library of Congress could flow in under eight hours. To send the same quandty of information by modem over a conventional tele- phone line would require 500 years. To get a bit technical, information moves through air or through metal or glass cables in waves. Cable capaci- ty is measured in frequency or band- width: the numberofwaves (orhertz) passing through the line per second. Current, in -place coaxial cable sys- tcros have a potential bandwidth of I billion hertz (1 gigahertz). Compare this with the 4,000 hertz (4 kilohertz) capacity of current twisted -pair phone company wires. The point is this: The telephone companies' existing narrowband cop- per wire links to homes can normally hold only voice and data. But cATV's coaxial broadband links to the home can act as conduits for billions of bits of full- motion digital video, high - resolution medical images, vivid edu- cational simulations and lifelike vid- coconfcrcnces. Comparing the two wives is like comparing a five -car ferry with an tight -lane bridge. Here's an example of what con- sumers can already receive through the cable operators' broadband pipes: Through a service called X'press, from Tci spinoff Liberty Media Inc., cable subscribers can plug their per- sonal computers into their CATV sys- tem's coaxial cable outlet and receive a huge flow of digitized data. Sup- pose, for example, you want to know what is being written about IBM and where the stock closed. Using soft - warc from X'press, you i► set your com- puter to rune in this news from a data flood pouring in over your cable line from 35 news wires. Likewise for stock quotes, movie re- views, weather reports, horoscopes and a great deal else. Gcrald Bennington, president of X•press, says the service is designed primarily for computer users in the home, not office, and is priced ac- cordingly: from $4.95 per month for a Prodigy -like service, with weather reports and stock quotes, to around $25 per month for a wider variety of services, including more sophisticated investment news. Ultimately, some experts believe X'press will be able to keep pace with centralized on -line database services like Dow Jones or Dialog at a fraction of the price. Haven't the telephone companies installed much more fiber -optic cable than the cable companies? Yes, they have. But the cable companies are increasing their base more rapidly. cATV fiber mileage has doubled every year since 1988, and will hit 22,000 miles by year-end. While telephone companies today devote around 7% of their investment budget to fiber op- tics, the cable industry invests more like 15% of its capital budget in fiber. More important, the cable compa- nies get more bang for every mile of fiber they lay. Look at the diagram on page 82. Traditionally, cATv systems have expanded using a tree -and- branch structure: A single coaxial trunk cable is laid starting at the head - end; tributary cables run off this trunk line into neighborhoods. Recently, however, the most ad- vanced cable operators have been breaking up their tree- and - branch systems into what are called "star" configurations. In a star configura- tion, the operator installs separate fiber -optic lines from the cable head - end at the center of the star to neigh- borhood A. Once there, the broad- band fiber -optic cable can connect into the existing broadband coaxial pipes serving a few hundred of neighbor- 'Tt hood A's home. Then the operator moves . on to neighborhood B and so on,' financing each phase of the upgrading as he proceeds, without serious inter- ruption to the existing service. Remember coaxial cable's Achilles' heel —all those amplifiers needed to boost the signal over long distances? By installing fiber -optic cables from the cable headend to clusters of homes and tying the fiber into the neighborhood coaxial system, the ca- Forbes a April 13,1992 81 11 • M Cable blc operator can deliver a data -rich 1- gigahertz signal using just a few —or .even no— amplifiers. Eliminating those amplifiers opens the network for two -way traffic that can be switched at the cable system's head - end, like a phone system - Now compare the cable operator's position with that of the telephone companies. To achieve the same level of service upgrade, the telephone company would have to make the same investment in fiber trunk lines— and it would have to make an addi- tional, and heavy, investment in re- placing its 4- Hohertz copper wire Links into customers' homes and of- fices. As long as the twisted -pair cop- per connections remain, phone com- pany fiber does not substantially im- prove the bandwidth of service to the home. To put it another way: There's no point in sending a tidal wave of information down a broadband fiber • line and into the neck of a tiny bottle. In short, a cable system can turn itself into a supplier ofa wide range of broadband services, including wire- less phone and computer video, at relatively light cost. According to American Television & Communica- tions Corp., Time Warner's primary (4 -6 million subscribers) cable opera- tion, the trunks- and - feeders part of a cable network makes up only 19% of the financial value of cable- installed base. Remaining in place arc the most expensive parts of the cable system — those broadband coaxial pipelines from neighborhood hub to home. Thcsc lines comprise 75% of the dollar value of cnTv plant. (The other 6% is the headend or the central communi- ty organization point.) This high cost of installing new broadband links to the home is why ATc Senior Vice President James Chiddix says: "We [in the U.S. cable industry] have spent By aslsg fteraptfe cable to rKaaflpua awk tree•aad-braaelr eoaxi. •alt Me arddtectures ( above) late "der- networks (below), cable operators an do away with mod of a sysbs's noisy anWW%m wW9 bavlaj costly fiks to Ste hoses in ptaa. the last four decades putting a broad- band transmission medium into the local loop. That is an exceedingly difficult thing for potential compcti- tors to replicate." In December ATc rolled out the country's most ambitious fiber -based cable system, in Queens, in New York. In the fast phase, available now to some 10,000 Queens households served by new fiber -optic trunk lines, Time Warner offers 150 channels. These include 90 conventional cable channels —m-rv, Discovery, ESPN and the like —and 60 pav- per -view movie channels over which it sells films at prices from $1.95 to $4.95 each. Price for this greatly expanded stan- dard service: $23.95 a month —no more than basic cable. But this is merely a first step. Tune Warner plans to push is fiber -optic cables still deeper into the neighbor- hood, and to transform the system from one based on the flow of infor- mation in analog form —like the waves found in nature--to one based on digitized information bits. What will that mean for ATc and its subscribers? More choice for sub- scribers, more revenues for Time Warmer. Says Chiddix: "We'll be able to provide a different mix of 200 digital channels to each group of 500 homes. This should be sufficient ca- pacity, when combined with 75 chan- nels of basic `broadcast' services, to allow us to provide individually switched video to individual homes." When that happens, probably with- in the next four years, the age of narrowcast information will have tru- ly arrived. "Individually switched vid- co" means the individual viewer tells the programming vendor what he or she wants to see and when, rather than tuning in based on a vendor's sched- ule. With individually switched video in place, one parent, say, might partic- ipate in an interactive college reunion teleconference; another parent might watch a basketball game between her alma mater and an obscure rival; a teenager might study physics with a Caltech professor, while another un- dcrgoes diagnostic tests for a tom knee with a specialist across the coun- try. All simultaneously. Science fiction? Based on Tune Warner's work, other cable company ventures and scores of phone compa- 82 Forbes a April 13, 1992 American Televislon d Communication's James Chiddix Waling on htmhdnally ew ft&ad video: YooracUre pro- gramrrdng when the Consumer Ramte k, mot whom Ow woodor eelo4rNe k try experiments across the country, individually switched video for mil- lions of Americans will be widely available before the end of the decade. As they move closer toward out- right competition with the telephone companies, the relatively lightly regu- lated cable companies enjoy another advantage over the rich- but- regulat- ed phone companies: They are still mostly run by the innovative entrc- prcneurs who built most of the big GTV firms, people like Tcr's John Malone and Cablevision Systems' Charles Dolan. Indeed, it was because these entrepreneurs responded quick- ly to competitive threats like direct broadcast satellite television and vid- eo stores in the 1980s that the cnry industry has invested so heavily in upgrading is systems. Congress and the tours continue to hobble the telephone companies on the grounds that they are local monopolies. Thus the phone compa- nies generally cannot own able fran- chises in their own service areas, nor have they been allowed, until recent- ly, to get into electronic publishing. This plays nicely into the able cntre- prcneurs' hands, giving them time to explore parts of the telephone busi- ness beforc the companies can get into their business. For example, Tci is partnering with McCaw Cellular to develop wireless phone service using cable. Using Tct's LEFT. John Malone of TCI BELOW: X' press' Gera b Bennington TC1 planff Uberty Media's x•preee: using coaxial eahlee m feed tome oo I - With tewdor and odor tefermaflaa for fib motttldp. broadband links, McCaw can connect lightweight cordless phones to the cellular hub and from there to the local and long distance phone net- works. It's a nifty sharing of resources. McCaw, which used to be in cable, provides the phone service, marketing and billing; Tet (whose John Malone is on McCaw's board) supplies the vital broadband connections neces- sary to carry the signals from scores of wireless phones possibly clustering at unpredictable places. Another big able company, Ralph Roberts' Comast Corp., has been investing in cellular telephones since 1988. On Mai. 5 this year, Comcast plunked down another $1 billion to Forbes ■ April 13, 1992 83 i • O Cable Tek{amnunintlans lnc' 11 3 f1540E 95 b xT.67E ,r ' S9 7 r , j.16 a r 22 8 Tunier Broadcating, Deeway sJ k ; • ,Channel OK cable systems Time blamer Inc 6.7 "- i 2630 39 24.50 88 106 A } 193 , 66 Tiaric Broadcasting, Whittle Cam - 4ti niratkta, E! Entertainment Channel fCarcast torpaatlon' 2.8 - 309 92 - 2.40 ° 1 7 16 }9 r� OYC Tw4r Broadcasfing,'-f#--Q 64 UK cable .sYs[erns Ara 10tZZ4A k Jars InEenu6le+ s 1 7, 49, ( 100 4.00 0.3 12 1 6 -- Nwre r- vab uq OC 1ioqa Cader!slm Sts ems Corp 16 � - 269 ' 100 , 12.110 , 2,� ' '!<i ":30 ., � 47 x 9 Rembow Pf'a�ammhrg Enterprixs .: ,�r e ... _.,i:.., Y 4r'f.�e. .K" - n JC'tY>j�r:..R. s- _.--., These companies serve half the 55 milllon cable subscribers In do U.S. buy Philadelphia's nonwirchric ccllu- lar franchise, thus becoming the fast U.S. company to own cable and cellu- lar systems in the same market. There is cooperation as well as competition between the cable and telephone companies. Examples: ■ TO is joining us West and AT &T in a Denver test of video -on- demand, supplying the viewer's choice of 2,000 movies within minutes. ■ U.S. phone and cable companies are omombining to provide a variety of communications services all over Eu- rope, where cross - ownership prohibi- tions do not apply. us West, for exam- ple, has invested in cable in France, Hungary, Sweden and Norway, and has teamed up with TO to supply joint cable and phone service in the U.K to 2.9 million homes. ■ In Washington's Virginia suburbs, Cablevision of Loudoun is linking with Bell Atlantic and innovative BroadBand Technologies, Inc. ofRa- leigh, N.C. in an ambitious digital video trial resembling Time Warner's plans for Queens. This joint venture enhances picture quality, provides on- screen menus and automatically re- ports line trouble. Through its fiber and coaxial lines, the cable industry is also becoming a force in computer networks, the fast- est- growing part of the computer in- dustry. As the computer industry moves from simple text communica- tions to images and multimedia, the telephone companies have often cd to keep up by offering lines of ufficient bandwidth to transmit large amounts of digital data required by video and graphics. Digital Equipment Corp. senior consultant James Albrycht tells a rc- vealing story. DEC wanted to link its headquarters with employees' per- sonal computers at home. DEC decid- ed to use Ethernet, a fast local area network system normally confined to individual buildings. But DEC's local phone company, Nynex Corp., was unable to provide the broadband dig- ital lines Ethernet required. Stymied by Nynex, Albrycht turned to his local cable provider, Cablevision Systems. He discovered not only that Cablevision's fiber/ coaxial cable network could supply ample bandwidth between DEC's of- fices and employees' homes but also that Cablevision's switching structure was more suitable for Ethernet than the telephone company's switching systems were "It was a simple over- lay," Albrycht recalls. "We had Eth- ernet up and running [on Cablevi- sion's network] in four days." Under the name of Community Multimedia Networking, Digital is planning other networking systems across the country, using CATV sys- tems for videoconferencing, video store- and - forward, file transfers, vid- eo mail and other value-added tele- communications services. Curiously, Wall Street is unim- pressed by the c ry companies' tech- nological lead and enormous com- mercial opportunities. Despite the strong stock market, most of the pub- licly owned cable companies arc trad- ing at sizable discounts from their 1989 highs (see table). Perhaps this is because investors fear Congress will decide to re- regulate cable. Or per- haps it is because the entrepreneurs who run the cable companies arc less interested in reported earnings than in maximizing asset values by borrow- ing and investing heavily and paying minimal taxes. Still, some smart money has been flowing quietly into cable. In 1990 Forstmann Little & Co. and its limit- ed partners paid approximately $1.6 billion for General Instrument, the cable industry's chief supplier of capi- tal equipment. And last month the partners at investment bankers Lazard Freres paid $400 million for 19% of heavily indebted Continental Ca- blcvision Inc., a Boston -based opera- tor with 2.9 million subscribers. Are the partners at Forstmann and Lazard right about cable? Impossible to know. Telecommunications tech- nology is changing with incredible speed. The heavily capitalized tele- phone companies could make a fast comeback, especially if Congress and the courts deregulated them. But Congress fast seems inchncd to add to cable's regulatory burdens. And the computer companies —where en- trepreneurial vitality is high and there is no regulation —will also arise as serious competitors in creating digital information networks. One thing, however, is already clear. The telephone, television and com- puter arc rapidly merging into a single, very intelligent box —a telecomputer. This telecomputer will be linked to the rest of the world by high - capacity smart wires. As things now stand, the cable companies have moved these broadband wires closer to homes and offices than anyone else. m 84 Forbes a April 13, 1992 • 5/22/92 HUTCHINSON USILI 9 COMMISSION BALANCE SHEET APRIL 30, 1992 _ -ASSETS UTILITY PLANT - AT COST LAND N LAND RIGHTS DEPRECIABLE UTILITY PLANT TOTAL UTILITY PLANT LESS ACCUMULATED DEPRECIATION TOTAL ACCUMULATED DEPRECIATION CONSTRUCTION IN PROGRESS TOTAL CONSTRUCTION IN PROGRESS TOTAL UTILITY PLANT DEPREC VALUE RESTRICTED FUNDS 6 ACCOUNTS _ FUTURE EXPANSION d DEVELOPMENT INVESTMENT - GAS RESERVES MEDICAL INSURANCE BOND 6 INTEREST PAYMENT 1986 1986 BOND RESERVE CATASTROPHIC FAILURE FUND TOTAL RESTRICTED FUNDS 6 ACCOUNTS CURRENT 6 ACCRUED ASSETS CASH IN BANK INVESTMENTS 6 SAVINGS ACCOUNTS ACCOUNTS RECEIVABLE INVENTORIES PREPAID INSURANCE ACCRUED INTEREST RECEIVABLE TREASURY BILL DISCOUNT TOTAL CURRENT 6 ACCRUED ASSETS DEFERRED CHARGE BOND DISCOUNT 1986 TOTAL DEFERRED CHARGE TOTAL ASSETS PAGE 1 w w w w TOTAL • +� +� w 790,012.25 26,740,831.64 27,530,643.89 (14,281,310.24) (14,281,310.24) 1,569,302.40 1,569,302.40 14,818,836.05 6,353,000.00 1,569,500.00 100,000.00 300,776.29_ 392,000.00 750,000.00 9,465,276.29 2,548,471.06 81,954.18 1,403,713.82 562,253.96 62,521.27 237,636.61 55,404.33 4,951,955.23 48,323.91 48,323.91 29,284,391.48 I� ( I,( 1 'C i �( c ( ( c I ( 5/22/92 HUTCHINSON UTILITIES COMMISSION PAGE 2 C BALANCE SHEET APRIL 30, 1992 w w w w TOTAL w w w w Ir .. -_- _.. ... _ MUNICIPAL EQUITY 6 LIABILITIES MUNICIPAL EQUITY - -- MUNICIPAL EQUITY _... -_ UNAFFROPRIATED RETAINED EARNINGS CONTRIBUTION TO CITY TOTAL MUNICIPAL EQUITY LONG TERM LIABILITIES -NET OF CURRENT MATURITIES 1986 BONDS TOTAL LONG TERM LIABILITIES CONSTR CONTRACTS 8 ACCTS PAY RETAIN TOTAL CONSTRUCTION A ACCTS PAY - CURRENT A ACCRUED LIABILITIES NOTE PAYABLE - LEASE PAYABLE ACCOUNTS PAYABLE INTEREST ACCRUED ACCRUED PAYROLL ACCRUED VACATION PAYABLE ACCRUED MEDICAL FUND CUSTOMER DEPOSITS OTHER C'UR'RENT 8 ACCRUED LIABILITIES TOTAL CURRENT 6 ACCRUED LIAB TOTAL MUNICIPAL EQUITY A LIAR 25,392,088.94 852,188.16 (156,250.00) 26,088,027.10 r 2,165,000.00 _ 2,165,000.00 - ( .00 1,517.28 773,677.59 45,006.91 _ -____ 49.823.66 109,467.46 r( - (3,736.78) 56,542.86 - (934.60) '( $ 1,031,364.38 - ( 29,284,391.48 J( �C 1 L r t (. 5/22/92 HUTCHINSON UTILITIES COMMISSION HUTCHINSON, MINNESOTA STATEMENT OF INCOME & EXPENSES APRIL 30, 1992 - - - - -- - - -- - - - - _ PREVIOUS CURRENT --- BUDGETED YEAR TO DATE YEAR TO DATE YEAR TO DATE PAGE 1 BUDGET DEVIATION r ANNUAL BUDGET i INCOME STATEMENT OPERATING REVENUE SALES - ELECTRIC ENERGY 3,OB9,125.55 3,050,758.04 3,151,640.00 (100,801.96) 915071800.00 SALES FOR RESALE 120.00 210.00 .00 210.00 5,000.00 NET INCOME FROM OTHER SOURCES 20,607.13 22,114.77 6,951.08 15,163.69 38,461.54___ SECURITY LIGHTS 4,310.00 4,27B.00 5,100.00 (B22.00) 15,000.00 - POLE RENTAL .00 .00 .00 .00 4,000.00 SALES - GAS 2,167,893.19 1,584,614.13 2,227,150-00 (642,535.87) 4,500,000.00 TOTAL OPERATING REVENUE 5,282,055.87 4,661,974.94 5,390,941.08 (728,866.14) 14,070,261.54 OPERATING EXPENSES - PRODUCTION OPERATION 177,666.38 179,794.70 180,784.00 - - - 989.30 6051800.00 - - PRODUCTION MAINTENANCE 36,618.05 176,872.21 169,814.00 (7,058.21) 265,200.00 PURCHASED POWER 1,718,934.08 1,665,182.15 1,745,122.44 _ 79,940.29 4,841,412.00 TRANSMISSION OPERATION 79.45 45.05 45.00 (.05) 3,800.00 - TRANSMISSION MAINTENANCE 9,114.25 13,526.60 13,190.00 1,663.40 53,000.00 l ELECTRIC DISTRIBUTION OPERATION 55,950.39 55,574.91 55,959.00 ,. 384.09 163,550.00 ELECTRIC DISTRIBUTION MAINTENANCE 52,790.03 56,221.7! 50,016.00 (6,205.71) 110,200.00 - MFG GAS PRODUCTION OPERATION 1,461.78 766.69 857.00 90.31 3,200.00 -_ MFG GAS PRODUCTION MAINTENANCE 100.31 59.04 200.00 140.96 500.00 - PURCHASED GAS EXPENSE 1,506,177.10 1,382,766.48 1,564,000.00 401,233.52 4,090,240.00 - GAS DISTRIBUTION OPERATION 62,463.72 61,767.45 63,679.80 1,912.35 177,780.00 GAS DISTRIBUTION MAINTENANCE 11,040.49_ _ 13,626.03 9,533.00 (4,093.03) 50,500.00, CUSTOMER EXPENSES 39,686.36 45,509,52 45,054.00 (455.52) _ 123,800.00 _. CUSTOMER SERVICES 6,320.50 6,853.19 6,228.00 (625.19) 17,300.00 ! ADMINISTRATIVE 6 GENERAL EXPENSES ,. 353,776.52 373,188.09 355,756.80 (17,431.29) 989,560.00_ DEPRECIATION 241,730.24 248,000.00 245,520.00 (2,480.00) _ 744,000.00 TOTAL OPERATING EXPENSES 4,273,909.65 4,079,753.82 4,527,759.04 448,005.22 12,239,842.00 OPERATING INCOME 1,008,146.22 582,221.12 863,082.04 (280,860.92) 1,830,419.54 OTHER INCOME�� OTHER - NET 20,366.31 39,004.39 2,110.00 16,894.39 INTEREST INCOME 325,550.29 205,655.80 150,259.09 55,396.71 883,877.00 - _ MISC INCOME _- - _ , _ 896.85 _ 5,671.69 5,941.00 -_. _ (269.31) 45,700.00 MISC INCOME - GAS .00 92,776.16 .00 _ 92,776.16 - .pp TOTAL OTHER INCOME 346,813.45 323,108.04 158,310.09 164,797.95 938,577.00 `1 OTHER EXPENSES - -- -- - - - MISC EXPENSES 1,945.59 17,553.00 2,030.00 (15,523.00) 34,000.00'( INTEREST EXPENSE .. 46,264.00 - _ 35,588.00 37,735.75 _ 2,147.75 114,287.50 TOTAL OTHER EXPENSES 48,209.59 53,141.00 39,765.75 _ (13,375.25) 148,287.50 NON - OPERATING INCOME _ 298,603.86 269,967.04 118,544.34 - 151,422.70 790,289.50 NET INCOME 1,306,750.08 852,188.16 981,626.38 (129,438.22) 2,620,709.04 - - {( GI l Hutchinson Community Development Corporation Board of Directors • Friday, May 1, 1992 Chamber Meeting Room Directors Present James Bullard - Chairman John Mlinar Phil Graves Larry Graf Carol Haukos Larry Fraser Otheri P a n John Bernhagen -Exec Director The meeting was called to order by Chairman Bullard. Motion was made by Graves, seconded by Fraser and carried to approve the minutes of April 3, 1992. Motion was made by Graf, seconded by Haukos and carried to approve the financial statement of February 28 and March 31, 1992. Bullard reported on the "Star City" site visit. Those attending from the State Department of Trade and Economic Development were Bill Coleman and Gene Goddard. In Addition, Kevin Moss, Economic Development Director from Chaska was in attendance as part of the visitation team. Regarding our objective to • develop a city wide quality improvement program they suggested contacting the Minnesota Quality Council for ideas. They also suggested making an application to the SW Initiative Fund for a grant to help with an outside facilitator and in the development of an organization chart for the city in it's various development functions. Bernhagen have an update on Phase 16 II development. In particular, reference was made to a chart showing the different options and execution dates of the acquisitions for Phase Ii. The apparent agreement with the Dakota Rail acquisition was also discussed. After a great deal of discussion concerning how HCDC should be organized for the future, a planning meeting was set for Wednesday, May 13 from 4 - 6 PM. Bernhagen will make available comparisons of various organizations set forth in State Statutes to include: Port Authorities, Economic Development Authorities, Housing and Redevelopment Authorities, Non - Profit Corporation (present structure), and a city staff person whose job description would include planning and economic development duties. Motion by Graves, seconded by Graf and carried that a request for a loan from the city's revolving loan funds to build a shelter in a mobile home park would not qualify. Bernhagen reported on several legislative issues dealing with the hauling of waste for the city and a bill dealing with a special service district for • Hutchinson Main Street. He also reported the state had made a visit regarding our SCDP grant and that certain corrections were being made. The life safety project on Main Street is nearly ready for bidding. There being no further business, the meeting was adjourned. •LY...'1, PIY4C °4LAN„ L16•.41 J..F" :JJYf1 )• FT:.AhCIAL SY.Tc9 IP+1el P.;a ERPEMDITUIE 6010EL146 AS OF S/92 I>:c6 L19Aa4Y REIC °:.T IF "A% :COJNT DiS:41Prto4 CURRENT ACTUAL ACTUAL 60GT - ACT 6UOGET THIS -404TH 9EAR43 -GATE 01Fc0iNCF PCT 6•A7Y ;-4vttEs > SALAIIE5 ANJ •A ", 9.C.00 �.1J 5.,12•..0 3.5,229.73 514.14u.47 43 ..lJ 4,4 -Ti I4.JA15Cc 04.6 > ^. !„ c,37u. a5 ;1.697.54 14.711.0'. 44 46A,T4 14;JAAJCc • J uJCTI!L° 4,9: S. n.. ..1 1.417.7. 1.372.6? 3: 5114 6001°JM.4T INS'J4L. E 1.3.761.0, 6,529.91 44.134.45 S4.63c. >5 4) T3r4L PERSONAL SERVICES 1,064,967.011 91,421.16 452.564.26 611.402.14 42 :111 NATc611,5 5,]S 6J ?4S - ADJLT 1:2,7: ]. OJ 61.94 25,772.60 50,127.20 23 1,13 5J14S - CnILDRES 30.9.0.00 41.15 7,1 >4. SA 23,465..9 2. 5,1. ;cYcPAL R:FiR'c N.P 0,0.00.; .u^ 6,547,27 9,414.75 61 62711 PE4I7u T.A,S 16,750oc, 117.05 16.667.97 6,461.73 73 S2 ?d P. +PMLETS 3]0.00 .07 19.54 29..50 7 S,?d 1.IiIA LIdPA9Y MATERIALS 6.967.00 51.00 1,416.71 1.96..[6 39 S23. !0`13]4 LI6AARY MAT ?Af ALS 1,437.011 .00 9,4.77 1.122.23 22 5212 F.1AFA■ ;L-T M%T441 ALS 2,669.00 .00 7,274.51 574..9 1. 5235 CMIPPEWA C]JNrY LL7RAAY MAT01ALS 20.5.7.00 .00 9.4G4.2Y 12.143.71 41 6240 43VrEVTJEJ MATERIALS 52,056.n0 .00 2,21].11 9,041.d9 13 5245 10 +M FTL +S 2,000.00 .00 .O4 11u0u..5 J 62S. VIDCO T4PcS 5,000.04 254.15 606.1. 4,333.d6 13 S:53 A.)1] DISCS A.vn TARES 600.00 .O^ 407.67 _ 7.67- 172 S25J 30)OS AND FILM Sriin 250.00 .00 .04 2SJ.09 ] 5,5. +1CAPJRNS 500.00 .00 17.50 262.513 0 6274 %[Nat%; 1,000.90 .00 .00 1.000.00 0 TN AL MATERIALS 237.319.00 526.29 74,746.73 162.632.27 31 12: CATAL;;[NG S31J DOL: ANJ 4TnFA C44RGES 17,366.90 .00 9,5L0.0, 9.100.J0 441 53 ?J C,4 Vc4,OR CHAR;ES 25,70 ^.. 0: .00 12,606.91 13. 133. D7 41 T31AL CAT4661NG 43,606.00 .00 21,366.92 22,241.36 69 :7: Y:4ICLPS S.S. ?IFAATIJY A0 MAIVT:NANCE 14,50.0. 411:..4 S,6,1_.]5 4,97..95 34 S36i IYSJ9AN:F 3.414.CJ .W 1.9.9.93 L..45.12 Fd W. l• ?q'I'A7I74 1.r.r,0u .00 .06 O.uSJ.J? �L VEHICLES 26,015.00 610.44 7,590.93 14.426.07 29 S.IJ '.L:PH)-,E Ah) LINE :4A9GFS 1D,]OD.00 1.212.01 7,67 ;.111 4,326.9r S7 54 ?J TERMINI, MA14T- NAINCE 1, 000. DJ .00 .00 1.036.00 J 4430 POSTAGE A40 SHIPPIV; 12,715.0. 1.351.2? 5.3r0.73 7.324..7 42 T3I 4L C] +IIUNI:ATION 23.715.00 2.594.63 11.063.53 12.651.17 47 :S4 F,JI94.%T 1453 NEd F]U1PMEIT 7,555.10 .00 3.952.94 1.221.94- 146 S.SJ 1/V FNIPME0 1,000.00 .00 .Ov 1, J0..uC ; W. +AIYT,44N:P A:.D C,4TRACIS 15,Ou^.Ou 55.16 5,442.57 0,597.33 3. T]T4L EQUIPMENT 16.655.00 55.16 9,265.61 9.369.39 so 163 )TIER 65]0 CuST90TAL SUPPLIES ANu iOUIPYLIT 1,500.94 .00 615.50 Alb 42 4, 5533 CJST'1LIAL Sc 4YI:E5 - MONTEV10c0 S.OLD.OJ .00 1.7um.00 3.30J.J0 3. 531. SJP +LIF. ANJ 0014TI:.S 27.494.13 296•.5 11.793.02 16.703.99 77 551, P9040TTJ4AL AAD P401144MIA. 1.040.00 .uO 5)).04 Ill..$ 130 552; +ILcAGE AnJ +;FTINOS - STAPF 6,500.00 .UO 2,666.63 3.013.17 A. 6)25 +ILCA6E Aw9 MEETTN;S - TRUSTEES 4,50D.00 11.50 7.329.70 21171.00 12 5551 PROP. M- 06ERSMIPS - (TRUSTEES) 400.00 .00 30S.O. 94.00 71 6533 14SJ4A46E 13,000.00 .00 11,460.90 1,54J.03 F. 65411 AJS 1,40 LEGAL NOTICES 107.10 .00 160.90 .00 .00 654. AJ]ITLN. 11s4*.OJ .00 1,7.0.00 20J.00- ,13 53SJ 5J3R9c F?I:.S 3.000.06 225.110 1,125.00 I.d75.u0 39 5555 CJNTINUIN6 EDUC4TI34 500.00 23.93 162.93 33r.62 32 6559 S:4JLARS91P FUND 1.0110.011 .00 97.25 402.75 1. 5573 M.WI4. EXPENSE - DTRECTOP. 1.000.00 .00 1.244.45 244.45- 124 T3TAL OTHER 66,494.00- 576.69 34.699.55 31.594.65 52 l7J SPE:IAL 5614 SLEN:JE FRIENDS, 19,13 1.392.00 .OD 47.72 1.314.i! 56?. RCM, 4.515.00 .00 1,916.24 2.599.76 62 LOCAL EQUIPMENT 6,0011.03 - S9.89 2.171.54 3,626.46 36 STATE SALcS TAX 2,0]0.711 .00 693.73 1.139.27 43 SPECIAL 13,676.00 $9.69 4,996.23 6,661.77 36 71TAL LISAARV 1.494,711.00 96,OS3.26 616,514.06 670,196.94 61 FIVAL TOTALS 49 ACCOUNTS 1,494.711.00 96,033.25 616,314.06 676.196.94 41 6AIJIYCe OR RA161 3,'31192 $74,390.29 :5 it f.l.T L I•.3•Y A:CJUNT _ DESCRIPTION L: -aA =V 2 :1. 3cCcIPii • :71 F3 i:C Sf aT E /FEOp AL AIO 0A C %'.TY `13. -E!X.k :0v-.Ty 513. ac ;.'LL_ :36tirY 5135 SIFT C:U.TY 3:33 r_L."4 Y °:7v lU' CJUVrV E: U APPLET3:I 4145 3cNSC.% S:S: G -ENCJs 5155 SAACEVILL'_ S1S7 :a A•;1tE _FALLS 5150 MJTCHIVSOS -- - -- - - -� - !165 KERCH:VEN S170_LRSME Ie I -- 4172 IL IV I: 5175 ]R%-:V ILLE 5.4, Y:LL�L3 5:6S `1 ?J ISLAI.O 5'90 OAJACN 4:95 HECT3S 4Ar IS:'0 •_'IV ILL= S.IU CASm i_C °IPTS C SALES TAX 5424 •.:PIS S.JJ TITAL RECEIPTS s I.V�EAlAr4 L!94A4V SYST.4 I',TL✓ti 4TEL FII.ANCIAL SVST,M REVENUE GUIDELINE CURRENT ._ ACTUAL 6UDGET T1415 -MONTH :7..NrY 74 AS OF 5/92 ACTUAL TEAR -TO -GATE IF.1.1 FAA: EvOS 6/91/42 toil 4EACFMr OF VEAL 60GT - ACT OIFFERENC0PCr 32, 339.Ou .JO .00 32,339.00 U 302,851.00 .09 1J4.C,O.OJ 280,171.09 2, 22.473.96 .00 11,4a6.S, 11.4RS. 50 5C 11.339, ^0 .00 .7, 7d6.31 2j .55,v. 52 124.17). C. 24.07.;. ] 09, 6.7.)U 34.04J.J] It 51, 673. J, .00 15.835.50 li.530.57 SJ 76,444. -.J ..3 59,2..6.90 17.770.60 75 73.406.7. _ .00 35.743.00 36.701.00 44 02,..3.7- .07 27.7.2.70 3., 345..0 45 35,9.2.0: d. 915.57 17,971.00 17, 471 a SO 34. 3S 1, J: .u7 5, 3J1.OG 32.OS0.00 16 9.677.OJ .00 4,838.50 4, Sad. so so 19.353.00 .00 9, 475. SO 9,676.50 SJ 2.123.90 1,376.10 4,964.OQ.__ 4.91440 SO___ 28.877.CJ .00 14,438.S0 __ _ 14,43d.S0 SJ 4,030.0. .u0 2,015.00 2.035.00 S4 _ 23.710.00 _ .OQ___ _ t1, 6ss. O0 11,655.00 SJ_ 63.053.00 15,763.25 31,326.50 3L,S26.50 _ SO 4,148.00 .00 2,014.00 2,074.00 SO 44.991.Q0_ ______ __.00____,_ j2.495..SO 6,7'.0.70 SO 22,337.03 .00 11,168.33 - -� __;2.445.50 11,166.50 -__ -S, 13,11CO.O. .00 5.650.00 6.650.00 50 :71,866.Ov___ .00 76,392.70 25,454.00 72 9.925.00 .00 4.964.00 4.964.07 SJ 13,148.00 .CO 6,574.00 0.574.00 Su 4.687.00_ .00 4,343.90 4.343.50 50 14,940.*, .CO 1.470.03 7.490.00 S0 11.169.00 .00 5.375.75 2.792.2% 75 5G.000.96 6,GS3.47 17.944,45 32.01;.SS 36 3, ov0. 70 .07 1V2. 90 2.807. to 6 6.5 0,00 17.420.64 37.716.75 24.276. TS- 473 1.432,594.00_ 76,102.86 695.267.85 137.326.15 49 IS 9E14{O•a °1i IT;-LRJ -P °4A COUNT7(P- ASOVNEL 13, ?33.36 .00 15,0011.0c, `.25 =c!•au °;Z 1 ? .A 3 - OLIV:A (4LTE4IAL$ 04LY) 2.970.04 .00 3.709.04 3.234.00 910. J9- �32 32 5E"J% (4AIF %IAL; JNLY) 1,367.0. .40 I,5C0.00 vo 101) C410024A C)J4TY (.VAT = +TlU J%LY) IS,Ouo.], .rQ 25C.-la 34,750.00 2 tc a6 •cI40 - MJ9 TEV1:2J (Y:TZ..IAL; ALTS 10.0U7.0u .CO S, 0 J2. so ..991.50 9u TITAL RE149USEMENTS 1L0C4L GOVEa4MEJIT) 47,617.00 .00 25,541.59 22,075.41 S4 )TYE' 't,I4VJR3- M9:.TS !X70 JIAF9 Ac: +11J-S�NTG 3.3uP.7. 1.070.69 2,123.40 1.)7,.1] 61 11FAL OTHER REIMSURSEMENTS 3.500.00 1,076.69 2.123.90 1,376.10 61 59)i AJT54AT107 FUN: .00 .00 30,163.50 10,163.50- J SOLJ GLESC)E FJ::J .00 .00 100.00 100.00- J •4 ?. KC.L 5.000.00 _._.__. _. 43.99 ___ _5a568.76 566.76- }I1_ .7� L:)q =.J: ° <:VT C r1;:ELL4:E3u5 6,7'.0.70 .00 .00 e.00v.JO 0 T31AL 3T4E4 FUNDS 11,000.00 43.99 15,632.26 4.832.26- 144 r3TAL L15RAaY 1,494,711.00 79,223.54 736.765.60 755,945.40 49 • FINAL TJTALS 41 ACCOUNTS 1,494.711.00 79.223.54 736,745.60 7S5,945.40 49 Board of Directors meeting - Thursday, May 7, 1992 &'E-A/ mc�eattc CROW RIVER GUILD, Inc. 1. Meeting called to order by Secretary Joyce Young. Present were Director, Butch Schulte, Joy Berg, Brian Brosz, Mavis Schwanke and by telephone Bob Wilde, Chairman. Guests were Linda Peck and Kari Reed. Introductions were given. 2.Previous minutes were read and approved. MSP Mavis /Joyce. 3. Treasurers report was approved. MSP Joyce /Brian. $5243.42 in savings and $340.02 in checking. Also, a transfer to have $3500.00 in checking to pay bills in- cluding charged items and preapproval of monthly bills such as rent, utilities, and telephone was approved. MSP Joyce /Mavis. Butch wrote to the City of Hutchinson for payment of $5,000.00 due per Council action. 4. Financial report will be filed after the Board meeting. 5. Bills submitted were approved. 6. Correspondence was received from the Chamber of Commerce and SMAHC with thanks for our dues payments. Anita West responded in writing her willingness to accept nomination for the Board. %. Program report - Class enrollments were taken May 5 at the Rec Centers payments are due at the time of enrollment. Summer Theater received names of 30 in- terested students. MSP Brian /Joy. - .Butch will coordinate with McLeod and Meeker Fair Boards to check out and enter in agreements with them (4H show times, exhibit day etc.) and oversee search for Director and production choice. Class participant lists will be keep on the desk for volunteers to refer to and add to as requests come in. • MSP Joyce /Brian - to authorize contracts to be made with instructors as deemed necessary or appropriate. Butch contact Doris Mohler to handle contracts. 8. Networking report - May exhibit contains work by Linda Peck, Ron Kubista and Ellie Becker. There was talk of a reception at the end of the show. The committee should be approached by Butch. There should be a review of past exhibits to update committee on artists available. Paula Holt is willing to serve on the Committee. 9. Volunteer meeting - to be held Friday, May 8 at 9:30 to duscuss new ideas. 10. Membership Drive - Strategy: Business will be handled by Ted Beatty, Individual/ Family will be handled by volunteer telephone callers. Outlying communities will be contacted by Butch. MSP Mavis /Joy to approve'the Challenge Grant agreement between SMAHC and Crow River Arts under Butch's direction. MSP Brian/Joy to authorize Butch to implement an Organizational Membership Exhapge with other groups to get support use of member lists and trade :dues payments. Mavis is authorized to draw checks. 11. 990 Sign Off - MSP Joyce /Brian to approve signatures required by State to bring up to code regarding non - profit status. 12. Equipment purchase - MSP Mavis /Joy to authorize Butch to proceed with the Hutch- inson Women's Club according to their wishes for method of payment. 13. Annual Dinner Meeting - MSP Joyce /Mavis to set Thursday, June 4 at the Coach or Victorian Inn for a social evening and brief business report. Butch will firm up place, menu and cost. Ballots for Board of Director candidates will be prepared by Joyce. Volunteers will handle invitation proceedure. 14. Fee Schedule for services for Butch Schulte. MSP Joy /Brian to accept Butch's proposal for payment. Weekly maintenance fees $150.00. Dues maintenance • feet 2510 of dues collected annually over $1,000.00. Grants maintenance feet 25°0 of Grants obtained with the exclusion of base grants of $10,000.00 from the City of Hutchinson and SMAHC. Program /Activity feet 2% of revenues over and above the Direct Cost of the program and activity. He will pay his Workmans Comp, Social Security, etc. 15. Next meetings Butch will call Board Members to et date the early part of the first week in June, before Annual Meeting. /rn =7}_-/,% /�7jL Fee Schedule for Services effective 10 May 1992 • Weekly Maintenance Fee $150.00 Dues Maintenance Fee 25 % of dues collected over $1000.00 Grants Maintenance Fee 25 % of Grants obtained The Base Grants of $10,000.00 from Hutchinson and the Base Grant of $10,000.00 from SMAHC are Excluded Other Grants are not excluded Program/Activity Fees 25 % of Revenues over and above the Direct Cost of the Program or Activity I* • PROGRAM /ACTIVITIES Art Children's Theat. Classes Concert /Symphony TOTAL - 439.98 439.98 TENTATIVE BUDGET REES 161.61 - 2741.00 • - 3201.92 1 BUDGETED ADD'L REV. TOTAL FUNDS AV. MONTHLY EXP. EXP TO DATE BALANCE OVER�W - 3996.40 - 244.00 244.00 - 158.78 7500.00 - 7500.00 625.00 6250.00 1250.00 Insurance 250.00 - 250.00 - 250.00 - Utilities 900.00 - 900.00 61.27 625.77 274.23 Bldg. Rep. & Faint. 100.00 - 100.00 - 26.80 73.20 Postage 300.00 - 300.00 - 214.70 85.30 Equipment 1100.00 - 1100.00 - 1100.00 - Off. Supplies & Exp 600.00 - 600.00 37.39 325.87 271.13 Fed. /State Fees 100.00 - 100.00 - 60.00 40.00 Ass'n Fees 150.00 - 150.00 - 75.00 75.00 Advertising 750.00 - 750.00 - 723.06 26.94 Prof. Training 150.00 - 150.00 - 30.00 120.00 Contract Labor 7200.00 - 7200.00 - 2804.63 4395.37 TOTAL 19100.00 - 19100.00 770.66 ,12485.83 6614.17 PROGRAM /ACTIVITIES Art Children's Theat. Classes Concert /Symphony TOTAL - 439.98 439.98 - 278.37 161.61 - 2741.00 2741.00 - 3201.92 460 - 965.90 965.90 1409.86 443 .96 - 3545.00 3545.00 - 3996.40 - 244.00 244.00 - 158.78 7935.88 7935.88 47.00 47.00 90+5.33 Checking Acct Bal. as of .92 (451.40 85.22 (1109.45) ioinn nn =5 88 27035 88 817.66 21531.16 550+.72 DUES 380.00 GRANTS 15000.00 Find Raisers 60.00 Rent 10.00 Refunds 65.00 Interest 41.68 Scholarship Fund 325.00 TOTAL 15881.68 Checking Acct Bal. 649.27 YEAR TO DATE 23817-56 Saving Acct Bal. 6243,42 PrWA ft Sag LILL , 'AAA . ll 3. Li ' • ® � ®�� I � ���I it � 1��1)A■II � oil llligii oil ■itilli■il oil oil 1II11IIImI: m IRWIN ���n� ne�n'inn�� ®inner ®1■iiiiiiin iiii =iieniniiiii'��i�ii ii INS l III III IA �Jr■■Inln ■li I I Nip HIM Oil Hill 1111111111111111m HUM 1111111111111911111 ■ I i a Irm 3 a 111; I■I■IIINM AN MEN 21111111111111 111111111M.". HIPS! 11111111111111111110111 min.44polm 'min ; m IRWIN millin moil! 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