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cp11-12-1991 ce AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 12, 1991 1. Call to Order r 7:30 P.M. 2. Invocation - Rev. Bart Fletcher, Calvary Wesleyan Church 3. Consideration of Minutes Regular Meeting of October 22, 1991 and Special Meeting of October 29, 1991 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - October 1991 2. Airport Commission Minutes - October 14, 1991 3. Park & Recreation Board Minutes - September 25, 1991 (b) Applications for Snow Removal Permits 1. Steve Reiner 5. Gene Betker 9. Ed Rettman Jr. 2. Randy Blake 6. Tom Clabo 10. Jerry Ebert 3. Edwin Karg 7. Dennis Getz 11. Gene Carda 4. Dick Ewert 8. David Igl (c) Appointment of Carol Brown to Tree Board Action - Motion to order report and minutes filed, issue permits, and ratify appointment 5. Public Hearing - 8:00 P.M. (a) Petition of 3M /McLeod Agricultural Association to Vacate Streets, Alleys And Easements, Except for Separately Recorded Hutchinson Municipal Utility Easements of Record Within Boundaries of Registered Land Survey Action - Motion to close hearing - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading November 26, 1991 • CITY COUNCIL AGENDA - NOVEMBER 12, 1991 6. Communications Requests And Petitions None 7. Resolutions And Ordinances (a) Resolution No. 9599 - Resolution For Purchase Action - Motion to reject - Motion to waive reading and adopt (b) Ordinance No. 91 -45 - Amendment to Zoning Ordinance No. 464, Section 6.07, Rdgarding Garage And Driveway Setbacks Action - Motion to reject - Motion to waive second reading and adopt (c) Ordinance No. 91 -46 - Rezoning from R -3 To C -4 for Regional Eye Specialists Action - Motion to reject - Motion to waive second reading and adopt • (d) Ordinance No. 91 -47 - Vacation of Portion of Alley Between Division Avenue And Milwaukee Avenue Action - Motion to reject - Motion to waive second reading and adopt (e) Ordinance No. 91 -48 - Vacation of Portion of Ivy Lane Between Sixth & Seventh Avenue SE Action - Motion to reject - Motion to waive second reading and adopt S. Unfinished Business (a) Consideration of Diamond 5 Demolition Salvage Rights At Downtown Redevelopment Site (DEFERRED OCTOBER 22, 1991) Action - (b) Discussion of Evacuation Plan At Country Club Terrace Mobile Home Park (DEFERRED OCTOBER 22, 1991) Action - is 2 A 0 CITY COUNCIL AGENDA - NOVEMBER 12, 1991 (c) Consideration of Agreement with Hutch, Inc. For Country Club Terrace Mobile Home Park Action - Motion to reject - Motion to approve and enter into agreement (d) Discussion of Billing Quarter And Individual Unit Charges at Country Club Terrace Mobile Home Park Action - 9. New Business (a) Consideration of Drug -Free Policy Action - Motion to reject - Motion to Approve - Motion to waive reading and adopt Resolution (b) Consideration of 1992 Lease Agreement for Senior Nutrition Program, Heartland Community Action Agency Action - Motion to reject - Motion to approve and enter into agreement (c) Consideration of Advertising for Bids for Car Impounding Contract Action - Motion to reject - Motion to approve (d) Consideration of Extending Farm Lease Agreement with Kurt Knutson Action - Motion to reject - Motion to approve (e) Consideration of Setting Public Hearing for Mark Gaarder's Intoxicating Liquor License Application Action - Motion to reject - Motion to approve and set hearing for November 26, 1991 at 8:00 P.M. (f) Consideration of Establishing Certain Changes to Traffic Control Devices And Parking Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9600 0 3 CITY COUNCIL AGENDA - NOVEMBER 12, 1991 0 (g) Consideration of Accepting Donated Signs And Entering Into Maintenance Agreement Action - Motion to reject - Motion to approve and enter into agreement (h) Consideration of Purchase of Property Owned By Farmers Elevator Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution (i) Consideration of Appointing Auditors for 1991 City Audit Action - Motion to reject - Motion to approve and enter into agreement (j) Consideration of Eliminating Parking Areas On Washington Avenue At Intersection of Franklin Street Action - Motion to reject - Motion to approve (k) Consideration of Pay Equity Rules . Action - (1) Consideration of Fee Changes Effective January 2, 1992 Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 9601 (m) Consideration of Setting Public Hearing for Liquor License Fee Changes Action - Motion to reject - Motion to approve and set public hearing for December 10, 1991 at 8:00 P.M. (n) Considertion of Subdivision Agreement for Priebe Addition Action - Motion to reject - Motion to approve (o) Consideration of Subdivision Agreement for Betker Second Addition Action - Motion to reject - Motion to approve 0 4 0 CITY COUNCIL AGENDA - NOVEMBER 12, 1991 (p) Discussion of Crow River Pedestrian Bridge Action - (q) Consideration of MSA Route Revisions Regarding Hassan Street NE And First Avenue NE Action - Motion to reject - Motion to approve - Motion to waive readings and adopt Resolutions No. 9602 & 9603 (r) Consideration of Fundraiser for Arena Improvement Committee at Civic Arena Action - Motion to reject - Motion to approve (s) Consideration of Authorizing Surveying Process of Site for Downtown Development Phase II Action - Motion to reject - Motion to approve (t) Consideration of Transfer of Interest for Library Square Building Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading for November 26, 1991 (u) Consideration of Receiving Engineer's Report And Ordering Public Hearing for Letting No. 1, Project No. 92 -01 Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolutions No. 9594 & 9596 (v) Consideration of Receiving Engineer's Report And Ordering Public Hearing for Letting No. 2, Project No. 92 -2 Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolutions No. 9595 & 9597 10. Miscellaneous (a) Communications from City Administrator 0 CITY COUNCIL AGENDA - NOVEMBER 12, 1991 11. claims Avorooriations And Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment from appropriate funds 12. Adjournment 0 0 1i MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 22, 1991 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Aldermen 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. INVOCATION In the absence of a pastor, there was no invocation. 3. MINUTES The minutes of the regular meeting of October 8, 1991 and special meeting of October 15, 1991 were approved as dis- tributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 3. SENIOR ADVISORY BOARD MINUTES - SEPTEMBER 18, 1991 The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to order report and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS. REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 91 -44 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 2.11, SETTING FORTH COMPENSATION LEVELS FOR THE MAYOR AND COUNCIL MEMBERS AND AMENDING SUBDIVISION 3, RELATIVE TO PER DIEM RATES AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS 1. FINANCIAL REPORT - SEPTEMBER 1991 2, PLANNING COMMISSION MINUTES - SEPTEMBER 17, 1991 3. SENIOR ADVISORY BOARD MINUTES - SEPTEMBER 18, 1991 The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to order report and minutes filed. 5. PUBLIC HEARING None. 6. COMMUNICATIONS. REQUESTS AND PETITIONS None. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 91 -44 - AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 2.11, SETTING FORTH COMPENSATION LEVELS FOR THE MAYOR AND COUNCIL MEMBERS AND AMENDING SUBDIVISION 3, RELATIVE TO PER DIEM RATES AND ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS CITY COUNCIL MINUTES - OCTOBER 22, 1991 The motion was made by Alderman Erickson, seconded by Alderman Lenz and carried four to one with Alderman Mlinar voting nay, to waive second reading and adopt. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF CONTRACT TERMINATION, LETTING NO. 5, PROJECT 89 -15 AND LETTING NO. 5, PROJECTS 90 -05, 90 -07, 90 -13, 90 -14, AND 90 -18 City Engineer Rodeberg reported no action was needed. (b) CONSIDERATION OF REVISED PERSONNEL POLICY (DEFERRED SEPTEMBER 10, 1991) Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve the policy and to waive reading and adopt Resolution No. 9593. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Following discussion, the motion was made by Alderman Torgerson., seconded by Alderman Mlinar and unanimously carried, to approve discontinuation of service unless arrangements were made. (b) CONSIDERATION OF WASTEWATER TREATMENT PLANT SERVICE CONTRACT RENEWAL WITH FISHER & PORTER COMPANY Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve and enter into contract. (c) CONSIDERATION OF FRANCHISE RENEWAL WITH STAR CABLEVISION GROUP Attorney -Anderson stated some issues remain, but the request for discussions from Star Cablevision was reason- able. Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried, to approve and to enter into discussions with Star Cablevision. LJ • CITY COUNCIL MINUTES - OCTOBER 22, 1991 (d) CONSIDERATION OF REQUEST BY JUNKER SANITATION SERVICE FOR LANDFILL TIPPING FEES INCREASE Attorney Anderson recommended accepting the staff recom- mendation of an increase of 44 cents per resident for tipping fee. The City Attorney stated he would notify Junker of the action taken. Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to grant the increase of 44 cents per resident, effective November 1, 1991. (e) CONSIDERATION OF DIAMOND 5 DEMOLITION SALVAGE RIGHTS AT DOWNTOWN REDEVELOPMENT SITE Attorney Anderson and Engineer Rodeberg explained that the demolition work performed by Diamond 5 was satis- factory, but the question was regarding interpretation of contract terms. The intent of the City was that owners would be allowed to strip the buildings before demoli- tion. • Attorney Walzer, representing Diamond 5, stated he be- lieved demolition contractors expect to get the salvage value of items remaining in buildings and that Diamond 5 was requesting extra payment because of the loss of this salvage value. Engineer Rodeberg stated that the contract was written clearly and there should have been no misunderstanding of its terms. Attorney Anderson advised the Council to make its decision on the basis of reasonableness. The item was deferred to November 12, 1991 to give the Council an opportunity to review it further, on a motion by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried. (f) DISCUSSION OF EVACUATION PLAN AT COUNTRY CLUB TERRACE MOBILE HOME PARK At the request of the Police Chief, this item was de- ferred to the meeting of November 12, 1991, on a motion by Alderman Erickson, seconded by Alderman Torgerson and unanimously carried. (g) DISCUSSION OF PROPOSED 1992 IMPROVEMENT PROGRAM L� 3 CITY COUNCIL MINUTES - OCTOBER 22, 1991 is Engineer Rodeberg stated the 1992 improvement will be very complicated, and it may be necessary to have a consultant help with some of the stormwater work. Attorney Anderson suggested it might be a good idea at this time to consider creating a stormwater drainage dis- trict for the whole city based on new regulations. Following discussion, a public hearing was set for Let- ting No. 1, Project No. 92 -01 and Letting No. 2, Project No. 92 -02 for November 26, 1991, on a motion by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried. (h) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 464, SECTION 6.07, REGARDING GARAGE AND DRIVEWAY SETBACKS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Administrator Plotz explained that a conditional use permit may be granted only when there is an existing garage slab so that a one -car garage may become a two -car garage. Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve and to waive first reading of ordi- nance No. 91 -45 and to set second reading for November 12, 1991. (i) CONSIDERATION OF GARAGE VARIANCE REQUESTED BY WARREN DEMUTH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Lenz and unanimously carried, to approve the variance and to waive reading and adopt Resolution No. 9586. (j) CONSIDERATION OF REZONING FROM R -3 TO C -4 REQUESTED BY REGIONAL EYE SPECIALISTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Erickson and unanimously carried, to approve rezoning and to waive first reading of Ordinance No. 91 -46 and to set second reading for November 12, 1991. 11 4 . CITY COUNCIL MINUTES - OCTOBER 22, 1991 (k) CONSIDERATION OF SIGN VARIANCE REQUESTED BY REGIONAL EYE SPECIALISTS WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve the sign variance and to waive read- ing and adopt Resolution No. 9587. (1) CONSIDERATION OF DRIVEWAY VARIANCE REQUESTED BY LARRY DEGROTE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Lenz and unanimously carried, to approve the variance and to waive reading and adopt Resolution No. 9588. (m) CONSIDERATION OF REGISTERED LAND SURVEY REQUESTED BY FAIR BOARD /3M WITH FAVORABLE RECOMMENDATION OF PLANNING Following discussion, the motion was made by Alderman • Lenz, seconded by Alderman Mlinar and unanimously car- ried, to approve and to waive reading and adopt Resolu- tion No. 9589. (n) CONSIDERATION OF VACATION OF PORTION OF ALLEY BETWEEN DIVISION AVENUE AND MILWAUKEE AVENUE REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Torgerson and unanimous- ly carried, to approve and to waive first reading of Ordinance No. 91 -47 and to set second reading for Novem- ber 12, 1991. (o) CONSIDERATION OF VACATION OF PORTION OF IVY LANE BETWEEN SIXTH AND SEVENTH AVENUE SE REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve and to waive first reading of Ordi- nance No. 91 -48 and to set second reading for November 12, 1991. 0 5 CITY COUNCIL MINUTES - OCTOBER 22, 1991 (p) CONSIDERATION OF FINAL PLAT OF BETKER'S SECOND ADDITION (CASEY'S COURT) SUBMITTED BY PAUL BETKER WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to approve and to waive reading and adopt Resolution No. 9590. (q) CONSIDERATION OF FINAL PLAT OF PRIEBE ADDITION SUBMITTED BY MARLOW PRIEBE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Lenz and unanimously car- ried, to approve and to waive reading and adopt Resolu- tion No. 9591. (r) CONSIDERATION OF SKETCH PLAN SUBMITTED BY SKIP QUADE, ACOMA TOWNSHIP (TWO MILE RADIUS) WITH NO RECOMMENDATION OF PLANNING COMMISSION Engineer Rodeberg stated the City had concerns about this • development, but it had no authority before the county action was taken on the request. Following discussion, Mayor Ackland asked that the staff research and report to the Council what the City's legal authority was and its responsibility on plats outside the City. The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to refer to the County with no recommendation. (s) CONSIDERATION OF LOT SPLIT SUBMITTED BY ARLEN AAS ON BRADFORD STREET WITH FAVORABLE RECOMMENDATION OF PLANNING Following discussion, the motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve lot split. (t) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT ON MUNSELL PROPERTY (DANCE STUDIO) WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION This item was referred to City staff and no action taken. 2 • CITY COUNCIL MINUTES - OCTOBER 22, 1991 (u) CONSIDERATION OF 1991 RURAL FIRE DEPARTMENT BUDGET Following discussion, the motion was made by Alderman Mlinar, seconded by Alderman Torgerson and unanimously carried, to approve and to waive reading and adopt Reso- lution No. 9592. (v) CONSIDERATION OF SPECIAL ASSESSMENTS FOR HELLANDS PARK LAND Following discussion, the motion was made by Alderman Lenz, seconded by Alderman Torgerson and unanimously car- ried, to approve and delete special assessments. (w) CONSIDERATION OF SETTING SPECIAL MEETING TO CANVASS 1991 CITY ELECTION The motion was made by Alderman Erickson, seconded by Alderman Mlinar and unanimously carried, to set a special meeting for Tuesday, November 5, 1991 at 8:30 P.M. 10. MISCELLANEOUS • (a) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz stated bids were received for logs and limbs from the 1991 forestry program. It was recom- mended that the high bid from Duane Otto for $700 be ac- cepted. The motion was made by Alderman Lenz, seconded by Alder- man Mlinat and unanimously carried, to accept the bid. The Council members were reminded of the budget meeting on October 29 at 5:00 P.M. Administrator Plotz had received complaints from resi- dents of Country Club Terrace regarding excessive water billing charges by the owner. Attorney Anderson will meet with the owner about this and other unresolved matters. Administrator Plotz received correspondence from Gene and Audrey Cox on Luedtke Lane regarding a variance for their septic system. City ordinance requires hookup to the City sewer system or recertification of a private system before a variance would be granted to continue the pri- vate system. The staff will review this matter and fol- low up with a letter to the Coxes. 0 7 CITY COUNCIL MINUTES - OCTOBER 22, 1991 is Administrator Plotz reviewed the proceedings at the Dun- ker trial which concluded recently. A video tape from nine years ago proved very helpful in presenting the City's case. It would be advisable to .video tape all future City Council meetings and keep the tapes for ten years in the event of similar needs in the future. The Planning Commission meetings could be on audio tapes. The City Administrator and City Attorney will develop a policy for future recording of meetings. (b) COMMUNICATIONS FROM ALDERMAN DON ERICKSON Alderman Erickson stated he had a call from a citizen re- garding the billing policy for sewer charges. Alderman Torgerson, stated he believed the policy should be review- ed since some commercial and residential users have dif- ferent peak periods than the normal summer peak. Alderman Erickson asked about electrical inspections in the City. It may become a requirement that the City pro- vide such inspections in the future. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported that Shopko wanted to acceler- • ate the time frame for construction and would like to start pouring footings next week in order to open for business next spring. There have been problems with their subcontractors which the City was working to re- solve. (d) COMMUNICATIONS FROM CITY ENGINEER Engineer Rodeberg reported that the leaking joints in the repaired dam had been resealed, and the water level should be returning to normal. (e) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland discussed a letter received from Mrs. Lor- raine Wright. The Council will continue discussion with her if desired and will involve the County social worker, if possible. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS 0 8 • CITY COUNCIL MINUTES - OCTOBER 22, 1991 The motion was made by Alderman Torgerson, seconded by Alderman Mlinar and unanimously carried, to approve the claims and authorize payment from appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:05 P.M. 0 E 0 MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 29, 1991 1. The meeting was called to order at 8:30 p.m. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Alderman Craig Lenz, John Mlinar, Marlin Torgerson, and Don Erickson. Also present: City Administrator Gary D. Plotz and Finance Director Kenneth Merrill. 2. CONSIDERATION OF APPLICATION FOR TRANSIENT MERCHANT PERMIT BY HOMIER DISTRIBUTING COMPANY FOR TOOL AUCTION ON NOVEMBER 6. The permit was granted on a motion by Alderman Mlinar, seconded by Alderman Lenz and carried unanimously. 3. CONSIDERATION OF SETTING DATE FOR SPECIAL COUNCIL MEETING A motion was made, seconded and carried unanimously to set a special meeting of the City Council for Monday, November 4, 1991 at 5 p.m. is 0 , 4. The meeting was adjourned at 8:40 p.m. oS• • • s C REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION R row ndWkIRPnmh system has cnaged rnak Of swounwro Loa babes adaigaw In cow nwrlm. ❑ dscaMnwd Dauing Pat ❑ Merged Whh wrodnr, eyatem ❑ Sper Ytto nee a most eYatarrN ❑ Annexed land ewer RA N0. 060T -0094: A ►PI I WWAM bosses i OCTOBER I r esrrert enr.rrere n nnr aed.eas.. 103500 27 R 9999 DAs 1 0 26 9999 02730 JAMES MARRA BLDG OFFICIAL FOR CITY OF HUTCHINSON CITY HALL 37 WASHINGTON AVE NEST HUTCHINSON RN 55350 $53 COMPLETE AND MAIL ----- - - - - r RAt ON OR BEFORE i NOVEMBER 41 1991 Rno pormhs was Issued ouriv Bw of Ute Catsater Instructions era it ckel". For this Period, rnak IXl An the box ❑ 1201 Earn Tanis Stns further assistance. coo caMCl and "Plum this fam Jeffer VNa IN 47172 13011763 -7244. NEW RESIDENTIAL PRIVATELY OWNED PUBLICLTOWNED HOUSEKEEPING BUILDINGS No VakwtIon d Nurw or of VIk~ d Buildings Housing a Onot out 6uRNnge N nYq a Omx uNt caro urYts f3wt ands co Lot fart f•t 111 1st In [at houses. datetdwal E.Ch,d, mo a ho E.cA.w rnabila trarws. 107 SinpN -far- houses, attached - Sepa by growl is roof wart -No units above a lwkiw, Imal -Sepal tl h•atiVoystemsandut tymetas. ICoumt each unit is a separate buldingl 102 Twa-farmhv truedings 103 Three and f ou - buildings 104 Fiv.or.rnr. fwl* buedktgs in TOTAL — Russ of 101 -109 — 101 9 71C NEW RESIDENTIAL PRIVATELY DWOOED PUBLICLY OWNED NONHOUSEKEEPINO it Number, BUILDINGS of V•huosnd N^ Vaknaond No BuAdifrpe Roams Omit � BrnNNga Room• carutnrctlan OMSaw st ill ml Inn 1st la let Hotels, motels. and Cowin cabno Itransk rN accommodations adyl 1 213 1 1 Other nonhous•kopbrp ~w 214 EMEM NEW I PRIVATELY OWNED PUBLICLY OWNED NIDEN7IAL aril � BUILDINGS BUILDINGS Vi al Number VWSVar d No of construction of construction bu26tpa OrrW curls tkrPAnpa LArYt cones w ill Is$ fall fa Amu"mem, social, and mvii tiordi 211 Churches saw *that to a a1/ Industrial 720 1 742-7016 Park! we a (bulldi s and OW decked) 721 Service stations and repak garages 222 Most itols and institutional 122 Offices, banks, and professiorW 224 Public works and utilities 320 Schools and other educational 1326 mm, Stme and customer services 132 1 Other nonresidential buildings 220 17 7-12 tructu"Ps other then bu 320 ADDITIONS, Is OWNED PUBLICLY OWNED NS, AND town Number Valuation al CONVE SIO CONYERSIONN No, Number Valuatwn Of of construction of construction twlww Omh cenN buildings Om cps m fa Id fd) (a) - Classify a o/ garag an pars es and csrPOrts Ahsm lJ9. 171 few, 43 Nonrealdentlal and nonhousakespklg 431 Additions of residential garages andurports Iattechedenddatachsdl 438 13 500 • TOTAL PERMIIT An R valuinn nu u o uD me PLEASE CONTINUE ON REVEA9E SIDf —► DEMOLITIONSAND I PRIVATiIT WN[0 WN O RAZING Of BUILDINGS an NuMarN NUN" of Ne. Buildings Norulrq housing unit. unite too for Icl IN (el ingla4amlly houses Imached and detached) µt 'o- family building, tat hire. and four - bmily buildings 6 iw -or -more family buili s µt All other bulb a and structure, Ht INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT 0500,000 OR MORE Please Provide the following information for each permit authorizing construction v al u ed at 1500,000 a store entered in aactlns 1 through hr. hem Csship Number of from pet Mlnlon tarns and address of Vskwdmof NI owner or bulkier mass IXI Construction Orner cm,m NornMy suttNs 1 —IV ore unlu lei DI le) 4,11 all 11 lot Kind N aeltrg _ _________________________ - - - ---- OPrym She edereN ------------ _____ __ OltuNe KM N hradirg ____ _______________________________ Omms bw __ ________________ Kin of Kind N poabnl ------------- ------------------------------ — ---- OMvm Site etibe,e __________________ Kind N building ____________________ --- _ ------------------------------- O�, ____ 31u etitirw --- -- -------------------------- Kira N building ------------- _ O.mers _.......... _ She ,dOm, / Kind of putting ____ _______________________________ OhNet. She edaau __ __ ________ __ Onbae I Kind 0 ovate, ----------------------------- ------------------------------- - - - - -- Oerivet. She ederw 1 Kind N puatrg , -------------------------- — --- --- OMvete ----- - --------------- Shy ati0ree, --------------------------------- OF i seensitil --- — --------------- — -------------- OM She aetireei ------------ ----- 1 ommente Are YOYaware Of MY new perrrlN ❑N ❑Yee — Pleeea g ive addirlwf /Ormefbn arCManenH. p,.l.dlox aware o � g Name of person to contact regarding this report Tebpha na Title Are, god, Nuinb.r E11Mrpn I 0 0 MINUTES HUTCHINSON AIRPORT COMMISSION MEETING October 14, 1991 • Meeting was called to order by Chairman Dave Skaar at 8:00 P.M. Members present: Dave Skaar, Jim Faber, and Joe Dooley. Members absent: Dennis Kahl, Paul Ackland, and Mark Lopac. Guests present: John Rodeberg, Ray Strege and Bernie Knutson. Motion made by Joe Dooley, seconded by Jim Faber that runway and taxiway be constructed of bituminous and apron area be constructed of concrete. Passed unanimously. Next meeting to be held November 4th, 1991 at 8:00 P.M. in the Council Chambers of City Hall. Meeting adjourned at 9:35 P.M. 0 i s -� -A - ��> . MINUTES Parks & Recreation Board September 25, 1991 Members present were Lee Cox; chairman, Mike Cannon, Virgil Voigt, Linda Martin, John Mlinar and J.P. Auer. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:25 p.m. The minutes dated August 28, 1991 were approved by a motion made by Mike Cannon and seconded by John Mlinar, the board unanimously agreed. OLD BUSINESS 1992 Proposed Budget - The 1992 budget requests have been submitted, and are being reviewed. Ken Merrill, Finance Director, will be attending the October meeting to review the proposed 1992 budget. In an effort to generate additional revenue, the city is considering an increase for fees and charges, i.e. snow removal permits and assessment searches. Civic Arena Update - The entryway at the arena is basically completed, and there will be some landscaping done. The new dasher boards are expected soon, and will be installed by Strut Specialties. The painting of the interior is completed. Arena personnel will be checking the sidewalk on the north side of the building frequently to prevent ice accumulation. River Clean_Up - 125 students participated in the Crow River Clean -up on Saturday, September 7th. The goals set for that day were completed before the heavy rain. NEW BUSINESS Dry Dock - John Mlinar updated the board regarding the Dry Dock lease with Tom Dolder. One option for the Dry Dock is to schedule a series of special events at various locations should the lease be terminated at the current location, by doing this, a savings of $26,000 will result. An alternate site in Hutchinson is also being considered if the lease is not renewed. The board is in favor with these options. T Gra - Mark Schnobrich, City Forester, received a grant in the amount of $5,000 for tree planting. With the addition of the grant monies to the city's contribution and other donations, 300 to 400 trees will be planted in 1992. Mark also recieved a scholorship of $625 to attend a National Conference in California this fall, the city will be paying the balance of the total cost for Mark to attend this conference. Masonic Park Adoption - The Masonic Lodge *59 has proposed to adopt West River Park. Their plans for improvments over the years include a sun shelter, benches, playground equipment and possibly a trail. The area would be named Masonic Park with the campground remaining'West River Campground. The board was in favor of the proposal. MINUTES Parks & Recreation Board September 25, 1991 Page two Park and Recreation Donations - The board reviewed a list of donations for 1991 from local service organizations and businesses. The board felt a public thank -you would be appropriate, and possibly featuring one of the parks in the semi - annual brochure. Wagner Park - The School District #423 will be leasing out their property in the Wagner Addition for the next two years for agricultural planting, and a decision has to be made whether or not the city property should be included in the lease. After a brief discussion, J.P. Auer made a motion to recommend that Wagner Park be leased out with the school property, and that any money generated be set aside for park development. Mike Cannon seconded the motion, and the board unanimously agreed. Board Items Park Sponsorship - It was brought to the board's attention that the Disabled American Veterans are looking for a park to sponsor. H Estate - A $500 donation has be received to be used for planting the flower beds west of the Library with perienials. $500 has also be donated to the Baseball Association to be used in Veterans Memorial Field for padding the backstop from dug out to dug out on the railroad ties. Two memorial trees will be planted in the grove in honor of Edward and Alice Hoffman. Adjournment - The meeting was adjourned at 6:47 p.m. by a motion made by J.P. Auer and seconded by Linda Martin, the board agreed unanimously. klm 1 1 APPLICATION FOR_j'a..REMOVA ...PERMIT To .......... T A. ___QTY COLINCIL of the .. ___.___.— . of... jing! _--- the County of _11C.UOD State of minneeota: The undern d address is'Skoe'.., jifvJ owner whose nam an ............. . . (D 66., . . . . ...... h ere b y app f a perm to PLOW A-•,D REMOVE SNOW WITH upon that certain tract of land described as follows: Lot Black plat or addition address . ...... _ ...... .. .. .. . .. . ........... . .... .... ... ... which I, of the JoMinj siu and area; width feel; length feet; area WITHIN THE E CM LIMITS ......... ........ .. ....... . and hereby agrees that, in came such permit is granted, that all work which .hall be done and all material, which shall be used shall comply with the plans and specification, therejor herewith submitted and with all the ordinances of said ...C.I.TY 0 1 f HU..r.C,,H. .... . . . . . ....... applicable thereto. 4pplicant further agrees to pay Im or assessment, at the time and In the amounte spociPci as follows: .. . ....... . .. . ........... . . . ....... . ... . ..... .......... ........... I—— ......... ..... .... 1 . .......... ...... Owner APPLICATION FOR_22w_tL'Q_vL_.PERMIT VvozNA VNCA T a, _ COUNCIL of .. MUI_TINSON the County of State of minne.4ta: Tha Undersiffned owner whore address A _j.),2'xJ ' 3 —ki) A herb a ppli es for permit t _ PLOW AND REMO= WITH Upon that wrialft glad of lavuldescribed wfk"' . ........ .... . — . - .; Block PW Or addition . __ ......... . ........... ..... _ 1 0h (ch to of the follourinj six, wad or"; width ...... . ... .. . ... .... .. .. ...... . .... 4004 1=10, .... feet; area THE CITY LIMITS .... . ...... ....... . ....... and hereby airg,, th i W " Such permit i jr that all work which s hall be d - acid 'I, materials which shall be used shalt 0077 SPIM with the plans and specifloatLane therefo horgaoith, submitted and with all the ordinances of mid ..... SIM OF HLITCHINSON applimblo therao. -IPPI further agree, to pay free or asseumenh at the Um, an d i th amoun sper follows! W. �_9' APPLICATION F0RJE9!.REMOVAL J. . . ........ PERMIT 2-. A. _CITY COLINC I L air the..--..CJTY . ............ ..... . H 00 County of I.IC LEOD State of Minnesota: The undersigned owner whose nacre and address is Sli-rg hereby appliesfora permit to %P AND REMOVE . SNOW WIIT.fl- 10) _� 7! . .......... upon that certain tract of land described w foMups: Lot ROW-"� /' ...._... � 4'B�.k _ .. / . .... Aa-Z . ck plato 64';L6 5 . .. .. .... , , _ ; address - ...... ........ ... ...... . .......... . ... which I, of the fallowing six and arm; width /at; area . .... WITHIN THE CITY LIMITS and hereby 4grPsel that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plane and epvcifeatians therefor herewith submitted and with all the ordinance, of said CITY OF HVECHINSON ...... . ... applicable thereto. 4FPI"nt further agrees to pay fees or asseermente at the time and in the amounts specified as follows: . . ............ .... ... .... ... ............... — .. ............... ..... ..... .. . ..... APPLICATION FOR-s 2!-!M!: L ... PERMIT To as -.-CITY - COUNCIL I . . .......... . ... . ....... . . . ....... the couftv of C State of Minnesota: The undersigned owner whose name and address i.a . ..... Aft'bv app for a permit to _FLOW REMOVE SNOW 'c- 7j * . .... F upon that certain tract of land described as follows: Lot .- . ....... ...... - plat or addition .......... _....- - ... _ - - - . - ; address ........... which I, of the following else and area; width. fact; length fag; LIMITS WITHIN THE CITY L area . ........ . � ....... . ........... . .... . .. . ... . . .. ....... and hereby agrees that, in ewe such permit 1* granted, that all work which shag be done and all material* which shall be used shall comply with the plane and specifivationo therefor herewith submitted and with all the ordinances of mid.. _CITY OF HUTCHINSON .................. .... .. . .... ........... ------ applicable thereto. .IppUwnt further agrees to pay fees or assestmenli at the time and In the amounts swijIed ........ . ......... ... . . ............... ... - ....... . ....... ..... ..... ..... .. Owner -11-R, APPLICATION FOR_-?n-!Tn ....P ERMIT 0 To w ..-C!TY CCU%CIL of the CITY ..... . .... Of.. - - - — ---------- - - ----- the Cou of MC LEOD - .. . ......... ............. . , State of Minnesota: The u owner whose name and address is G i p & &j4 e 611` Lj rA Ln P LOW A _ . ., . a a permit to _ND hereby applies for REMOVE SNOW WITH Icad)-c . .. . ...... ....... .. _ . ... ......... __ .............. I I . .... ..... upon th cer g of l described as fallout: Lot Block..__.._......._ plat or addition I I . 1. - 11 1 - 1. ; address ........... which is of the following else and area width feet length feet; area .. WITHIN THE CITY LIMITS ... .. . .... ......... .... and hereby affect, (hag, in case such perm I, fronted, that 411 work which Owl be done and all materials which shall be used shall comply with the plane and apecifloatiens therefor herewith submitted and with ail the ordinances of said _.. ._CITY OF HUTCHINSON . . ........ __ ....... . . .... ......... applicable thereto. Applicant further agrees to pay face or assessments at the time and In the amounts specified as followv: .. .. ..... ... ... ...... . ......... .... Owner APPLICATION FOR_ HM!ES2 ..... PERMIT o f a _.CITY . . .... . ... . .. . .. ............. .----IA the county of jIC.,LEOD state Of minneeota: The undersigned Or n, and address Is ... 12, "_ hc se-7 name go Aereby applies far a permit ILOW..AND REMOVE SNOW WITH V . ..... ....... _ . . ..... ... upon that certain grace of land described " follows: . ....... .. . .......... . Block__._...__ plat or addition ... ... ........ . .. .......... . ; deMPS&I which is of the following Aw and arm, width loct; length fast; area _WITHIN .... ........... ... .... ...... . and hereby agrees that, in case such permit If granted, that all work which shall be dome and all Onateri4le which shall be used shall comply with the plane and epecifloation, therefor herewith submitted and with all the ordinances of said ._._C OF .... C HIffCHINSOII . . . ....... applicable thereto. Applicant further agrees t pay f ees or aesesements at the time and in eke amounts specified follows: ..... ...... . . ..... -- ------- . . ........ . ... ......... ow J/ - /�, APPLICATION FOMH2w-REMOVAL .... PERM .......... T th ...... jCjjY ..................... .......... ................ . ............................................................ . . ..... ......... . . ............... ....................... I .......... . ........... ......... .. ........ 1.1-I.- .... ............ . .......... ...... ......... ..... . .. ...... ............ - ...... �.JC ... LEOD . ....... ...................... ....... , State of Minnesota: The undersigned owner whose, name and address is ..... . ;F- ............ A i 0.511 ........ Sr. .. ./? /. ... . .. . . .................. ......................... applies for a permit to_ ......_ PLOW AND . ........ ... REMOVE SNOW WITH .............. ...... ....................... ..... .. ........... .......................... I ................. de ......... upon,th.at certain tract described as follows: Lot_ ..... ..... Block ....... . ....... . . plat or addition . ...... ............ ; address .......... ..... ... . ..... . .... .. . .... .... . wh ich is of the following size and area; width._.......... .. .. . ........ .. feet; length ... .. ..... ... .... let; WITHIN THE CITY LIMITS area ...... ........ . ...................... ............ ............. .... .. .. ... .... . .... ..... .. .... . ........ and hereby agrees that, in case, such permit is granted, that all work which shall be done and dl materials which shall be used shall comply with the plans and specifications therefor herewith submittal and with all the ordinances Of said . . . ..... q.I. IT. Y ... OF ... H.UT.C.H.I.N.- ............................................................................. . ........ .... applicable thereto. Applicant further agrees to pay fees or assessments at the time and in the amounts specified as follows.- ........... ......... § IQG.QQ .......... ... .......................... I ........... I ............................................. . . ......................... . .............. . ....................... ......... . ..... ....... . ....... 11 ............................ ....................... ................... I ................................ I .................... - ....... ........ ............. Oumer APPLICATION FORJH2!-M2XAL ..... PERMIT To t h e ....... �qIj)� ....... I ............. of the .... ..... CITY ............................. ..........................of... N IN U HTCHSO ..... .... .......... .......................... .. . .......................... ...................... . ... in the County Of ..................... MC'-.LEQD ......... ...... . ......... .................. State of Minnesota: whos name and address .is....... The undersigned o -(Ij ......... (St. vt0--; AND OW ' L .... .. . . ... ......... . ................ hereZy applies for a permt to ....... ....... . ............ ...... ......... REMOVE SNOW WITH ............. 11 .......................... ............... ........... .......... .................. ... . ... ........... ............ . . upon that certain tract of land described as follow8: Lot . ..... .. ......................... - ....... ; Block . .........................._ .. plat addition .. ............ --- ....... - .............. ........ ...... ..... .......... ... ; address .......... . .............................. ................... ... ........ which 14 of the following size and area; width...... ....... ._.......... length leeto area ..._WITHIN THE CITY LIMITS . ................ - ................. I ................... ..... ..... . I ....... ............. . ... ...... ............................. and hereby agrees that, in case 8z&•h perytdt is granted, that all work which shall be do" and all materials which shall be used shall comply with the plans and specifications therefor herewith submitted CITY OF HUTCHINSON APPLICATION FOMHM.RMY�� ----- P ERMIT 0 . . �" L - The undersigned owner whose name and address is. ... �7� ........... . .... . ................................................ .... I hereby app f a perm to PLOW AND ..................... I ....................... ................... .... ......... REMOVE SNOW WITH I C:: C r .................. .. .. ...... j ..... . ...... .. .. }Y ... .......... ...... I ..... . upon that certain tract of land described as follows.- Lot ....................... ...... .......... ; B I oa J ......................._.....� .. plator addition ... .. ...... ............. .. - .... ......... ..... ... .- - ......... ; address ........ ............ .............. ..... ............... ................... - — which is of the following size and area; width .- . . , . ..... ... . feet; length feet; area WITHIN THE .-C . Y � ............... ........ I .......... .......... . I . . ..... ......... ............... ....... ............... and hereby agrees that, in case such permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plane and specifications therefor herewith submitted and with all the ordinances of4aid........C.ITY OF HUTCHINSON ................. I ........ I ..................... ..... I ................... I ........ ............................................. applicable thereto. .4pplioant further agrees to pay feee or assesernents at the time and in the amounts specified as follows: ...... ..... - ...... I . ......... g.Q. I.Q. Q .......................... upon that certain tract of land described as follows: Lot .. .. ........................ .. ; Block. ............._ _..............__ plat addition ............... .. ....... . ....... address ..... - - - — - . ... . ....... ....... . .. .. ... ... which is of the following sire and area; width feet; length feet; area WITHIN THE CITY LIMITS .• ............ I.... I ........................ ......... .... ........ ... . ..... ... and hereby agrees that, in case such permit is granted, that all work which shall be done and aII 1 6 , ".7 ,-;, 40' weed 77 he q'd Rk, a! I cOMD171 with the plans and speriflcations therefor herewith 8u,"m it fed APPLICATION FOMH9�-!�MML--,.- PERMIT To the ...... �qIjY ... CRL.J.N.C.I.L ............ ... . ................................... . ............. .... ................... ........ .................... . ........ ...... ........................................ of the .......... CM .. - ........ ............................... vf.. -H. ... L.r.T ... C..H .... I ... N ... S. .... N .................. . .... ................. .......... ........ the County Of .... ................ MC .... LEOD., ....... . .... , Stan of Minnesota: The undersigned owner whose name and address'Is ....... C e-f.y--e .............. CAQrd )o applies for a permit to........P LOW AND ......... .. 1. 1... — .... R.E.M.M. .... SNO ... W . 1 77 ................ ..... e ...... upon that certain tract of land described as follows: Lot ...... ........... Block.. . ................ ......__...... plator addition . ................. ... .................. ................... ... ..... which is of the following size and area; width... ....; address ...... ............................. ......... ................................. ... , ; .1 .... .......... feet; length .... . .. .... -- ... I ... feet; area ...... W I. T.H.I N .THE ... .... LIMITS .................................... ........ - . ..... ..... .............. ..... ....... ... . ........... .. .. .. .... and hereby agrees that, in case each permit is granted, that all work which shall be done and all materials which shall be used shall comply with the plans and 8peciflcationj therefor herewith submitted and with all the ordinances of said. ....... CITY OF .... H.UTT.I.N.S..ON applicable thereto. .applicant further agrees to pay fees or assessments at the time and in the amounts specified as follows: ... I ..... -.1.1- . ... - ........... vLQ-'.PQ ...................................................... . .............. I .......................................... ...................... . .. . . ........................................... 4 PUBLICATION NO. 4314 PUBLISHED IN THE HUTCHINSON LEADER: Thursday, October 31 1991 Tuesday, November 5, 1991 NOTICE OF PUBLIC HEARING To Whom it May Concern: Notice is hereby given that a public hearing will be held on Tuesday, November 12. 1991 at 8.00 p.m in Council Chambers at City Hall for the purpose of considering a petition 3M /McLeod Agricultural Assn. to vacate streets, alleys and easements except for separately recorded Hutchinson Municipal Utility easements of record within the boundaries of their Registered Land Survey with the following legal description: Legal description: That part of the Southest Quarter of Section 6, Township 116 North, Range 29 West, that part of Blocks 62, 63, 64 and 65 in the Townsite of Hutchinson South Half, that part of Block 3 in MORTENSEN'S ADDITION TO HUTCHINSON, that part of lot C of AUDITOR'S PLAT OF SOUTH HALF OF SECTION 6, TOWNSHIP 116 NORTH, RANGE 29 WEST, and those parts of Erie Street, Huron Street, Ontario Street and River Street, as platted in said Townsite of Hutchinson South Half, described as follows: Beginning at a point on the west line of said Lot C a distance of 40.1 feet south of the northwest corner of said Lot C; thence easterly, parallel with the north line of said Lot C, a distance of 810.77 feet; thence southerly, deflecting to the right 87 degrees 28 minutes, a distance of 14.64 feet; thence southeasterly along a curve concave to the northeast and having a radius of 387.60 feet, to a point on the south line of said Lot C, said point being 918.25 feet east of the southwest corner of said Lot C; thence easterly, along said south line, to the southeast corner of said Lot C; thence northerly, along the east line of said Lot C, to the northeast corner of said Lot C, said northeast corner being 1320.00 feet east of the east line of said MORTENSEN'S ADDITION as measured parallel with the east -west quarter line of said Section 6; thence Northerly, parallel with sand East line of MORTENSEN'S ADDITION to the intersection with said east -west quarter line; thence westerly, along said quarter line, to the southwest corner of Block 66 of said Townsite of Hutchinson South Half; thence northerly, along the west line of said Block 66 to the intersection with a line parallel with and 50.00 feet southwesterly of the center line of the main track of Dakota Rail, Inc,; thence norhtwesterly, along said parallel line, to the intersection with the north line of said Block 65; thence westerly, along the north line of said Block 65, to the northwest corner of said Block 65; thence southerly, along the west line of said Block 65, to the southwest corner of Lot 14 in said Block 65; thence westerly to the northeast corner of Lot 4, in said Block 64, thence westerly along the north line of said Lot 4; to the Northwest corner of said Lot 4; thence southerly, along the west line of said Lot 4, to the southwest corner of said lot 4; thence westerly to the Northeast corner of Lot 12 in said Block 64; thence westerly, along the north line of said Lot 12, to the northwest corner of said Lot 12; thence southerly, along the west line of said Lot 12, to the southwest corner of said Lot 12; thence westerly to the northeast corner of Lot 6 of said Block 63; thence westerly, along the north line of said Lot 6, to the northwest corner of said Lot 6: thence westerly to the northeast corner of Lot 9 of said Block 63; thence westerly, along the north line of said Lot 9, to the northwest corner of said Lot 9; thence westerly to the northeast corner of Lot 6 of said Block 62; thence westerly, along the north line of said Lot 6, to the northwest corner of said Lot 6; thence southerly, along the west line of Lots 6 and 7 of said Block 62 and along the east line of said MORTENSEN'S ADDITION, to the easterly prolongation of the north line of Lot 4 of Block 3 of said MORTENSEN'S ADDITION; thence westerly, along said easterly prolongation and along the north line of said Lot 4, to the northwest corner of said Lot 4; thence southerly, along the west line of said Block 3 and its southerly prolongation, to the point of beginning. ALSO KNOWN AS: a. That part of the Southeast Quarter of Section 6, Township 116 North, Range 29 West of the 5th Principal Meridian, described as follows: Beginning at the southwest corner of Lot 7, Block 62, Townsite of Hutchinson South Half, according to the recorded plat thereof; thence southerly, along the east line of MORTENSEN'S ADDITION TO HUTCHINSON, according to the recorded plat thereof, a distance of 660.00 feet; thence easterly, parallel with the north line of said Southeast Quarter, a distance of 1320.00 feet; thence northerly, parallel with said east line, a distance of 660.00 feet to said north line; thence westerly, along said north line, a distance of 1320.00 feet to the point of beginning. • b. Lots 2, 3,4,5,6,7,8,9,10,11,12,13,14,15 and 16 in Block 65, Townsite of Hutchinson South Half, and • all of that part of Lot 1 in Block 65 that lies southwesterly of the railroad right -of -way. C. Lots 4, 5, 6, 7, 8, 9, 10, 11 and 12 in Block 64, Townsite of Hutchinson South Half. d. Lots 6, 7, 8, and 9 in Block 63, Townsite of Hutchinson South Half e. Lots 6 and 7 in Block 62, Townsite of Hutchinson South Half. f. Lots 4, 5, 6, 7, 8, 9 and 10 in Block 3, Mortensen's Addition to Hutchinson. g. That part of Lot C of Auditor's Plat of South Half of section 6, Township 116 North, Range 29 West, described as follows: Beginning at a point on the west line of said Lot C a distance of 40.1 feet south of the northwest corner of said Lot C; thence easterly, parallel with the north line of said Lot C, a distance of 810.77 feet; thence southerly, deflecting to the right 87 degrees 28 minutes, a distance of 14.64 feet; thence southeasterly along a curve concave to the northeast and having a radius of 387.60 feet, to a point on the south line of said Lot C, said point being 918.25 feet east of the southwest corner of said Lot C; thence easterly, along said south line, to the southeast corner of said Lot C; thence northerly, along the east line of said Lot C, to the northeast corner of said Lot C, said northeast corner being 1320.00 feet east of the east line of said MORTENSEN'S ADDITION as measured parallel with the east -west quarter line of said Section 6; thence westerly along the north line of said Lot C to the northwest corner of said Lot C; thence southerly a distance of 40.1 feet to the point of beginning. This hearing will be held by the City Council of the City of Hutchinson. At such hearing, all interested persons may be heard. City AdYhiniR October 22, 1991 Dated 0 REGISTERED LAND SURVEY N0. MCLEOD COUNTY, MINNESOTA 0 sowmsrw `. a. 169'26 23999 • • ._— _I929o Ju� SW32 21990 S99.9693 99993 ^ •SN•32•Srw 26 s _ e T WOO-00 34-W 1310.0 X5 —rte I I __ E• w va hae of SeC 6. T 116 N. fe 29 w= �w99.003e. r 10 W O C _'_ • w 1J V \. x.11 lif!'•V Of Nw lP Nb11N I111E W L0 C 01 6.,0 P131 s•_lo1 C_: _ _ f __ _ %or 00 39 1320 00 ,4 V` 1•s2 39'E G °o Ja S% C01 of L01 C 589-ac 3. -E $50 21 . , SDUM Ihf _ _ 1 C D• A q PIJI 0 NK 24J � Sf01e I' eei e 9f'01e, V Tl 1 tl1 e Je Wes 1 2 . ^cf 1.0, 00 a•Pe set. ++919ea Cl L.ce-W I&M%Wl 96::6 i l I -C i- W 1/: •ne M Sec 6 .3 a33V'he3 ., hate 0 Dear•1q r• B9•u 34 ., SLAVETIN6 �Tc. ISON. SHEET 2 SHEETS I1 112471 STATUTORY CITIES 9062 .�_ j.: 9063 They shall have the effe 412.791 [Repealed, 1967 c 289 s 181 dens upon the trial of 412.801 [Repealed, 1967 c 289 s I81 plaintiff, for the amount 412.811 [Repealed, 1967 c 289 s 18] ment shall direct that, it 412.821 [Repealed, 1967 c 289 s 181 '"y jail for such time, not ex state the amount of jud GENERAL AND MISCELLANEOUS _ so committed shall be r county, until lawfully d 412.831 OFFICIAL NEWSPAPER any time upon paymen subd. 3. Appeal to The council shall, annually at its first meeting of the year, designate a legal newspa- in the manner prescrib per of general circulation in the city as its official newspaper, in which shall be published to the city, to be appro such ordinances and other matters as are required by law to be so published and such in whole or in part, th other matters as the council may deem it advisable and in the public interest to have awarded against the de' published in this manner. against both defendan History: 1949 c 119 s 100; 1973 c 113 art 1 s I subd 2 defendant shall be disc ;. History 1949c 71 412.841 [Repealed, 1976 c 44 s 70] FS, art 2 s I subd 2; 1976 412.851 VACATION OF STREETS. 412.871 FINES ANY The council may by resolution vacate any street, alley, public grounds, public way,, its motion or on petition of a majority of the owners of land All fines forfeitm or any part thereof, on own abutting on the street, alley, public grounds, public way, or part thereof to be vacated. ordinance to which tht co or officer receivi When there has been no petition, the resolution may be adopted only by a vote of four- dance with law , and b fifths of all members of the council. No such vacation shall be made unless it appears receipts shall filed in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed History: 1949 c 1 to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed reso- 412.881 PRESIDEN lution as well as the time, place, and date of the hearing. In addition, if the street, alley, Whenever the tet public grounds, public way, or any part thereof terminates at or abuts upon any public applying to any status water, no vacation shall be made unless written notice of the petition or proposed reso- corder" as so used mt lution is served by certified mail upon the commissioner of natural resources at least History; 1949 c 1 30 days before the hearing on the matter. The notice to the commissioner of natural resources is for notification purposes only and does not create a right of intervention 412,891 INCONSIS by the commissioner. After a resolution of vacation is adopted, the clerk shall prepare Any provision in a notice of completion of the proceedings which shall contain the name of the city, an the time of completion thereof and a ter 208 Laws 1933, c' identification of the vacation, a statement of description of the real estate and lands affected thereby. The notice shall be presented shall not apply to an, to the county auditor who shall enter the same in the transfer records and note upon History 1949 c the instrument, over official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall 412901 APPLICA7 not invalidate any such vacation proceedings. This chapter shat it was originally into History: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s I subd 2; 1973 c 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989 History: 1949 c c 183 s 4; 1990 c 433 s 2 412.911 [Expired] 412.861 PROSECUTIONS, VIOLATIONS OF ORDINANCES. 412921 [Repealed. Subdivision 1. Complaint. All prosecutions for violation of ordinances shall be brought in the name of the city upon complaint and warrant as in other criminal cases. complaint shall thereafter be If the accused be arrested without a warrant, a written made, to which the accused shall be required to plead, and a warrant shall issue thereon- The warrant and all other process in such cases shall be directed for service to any po officer, marshal, process officer, court officer, or constable of any town or city in the county, to the sheriff of the county, or all of them. of the ordi: 3: Subd. 2. Form and contents of complaint. It shall be a sufficient pleading nances or resolutions of the city to refer to them by section and number or chap � I PUBLICATION NO. . ORDINANCE NO. qi AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, VACATING CERTAIN STREETS AND UTILITY EASEMENTS LOCATED WITHIN THE CITY OF HUTCHINSON; AND BY ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF HUTCHINSON ORDAINS: Section 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interests of the City of Hutchinson to vacate certain streets and utility easements. Section 2. All streets and public thoroughfares, including alleys, as well as all easements granted to or held by the City of Hutchinson within the following described tract: See attached Exhibit " A " incorporated as if fully set out herein. All being located in the City of Hutchinson, be and the same hereby are, vacated. • Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after passage and publication and upon filing of the certified copy thereof, with the proper County officials as required by law. Any failure to file the notice shall not invalidate such vacation proceedings. Adopted by the City Council this day of November, 1991. Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator First reading: Second reading: Ordinance published in the Hutchinson Leader: Notice of Vacation Published: Notice of Vacation Mailed: 7q ' REGISTERED LAND SURVEY N0. , Auditor, McLeod County, Minnesota. , 19 I hereby certify that all taxes for IQ on the land described herein are paid. Treasurer, McLeod County, Minnesota. hereby certify that the within Registered land Survey was filed in this office for record on Ole day of ,I') , at o'clock _ _.M. and entered as meuv on Certificate No. on gaze of Registrar of Titles ' MCLEOD COUNTY, Minnesoto I hereby certify that in accordance with the provisions of Chapter 5", ?li Minnesota Statutes of 1 as amended, I have sor %eyed the follnwinz descrihed Lroct of land in the County of McLeod, lend, Stale o[ Minne ;o La, to wit: That part of the routhea.t Ouarter of Section 6, lownship Iib North, kanze 29 tied, that part of [docks 6Z, h3, 64 and bi in the SO( Ill IMLF 0I Ill ICHI'•SON, that part of Block 3 in !IORIFNSEN'S AOUIllON 10 IILICHINSON, that part of lot C of A01 PLAT OF SOUIII HALF OF SECTION 6, IOGNSIIIP tlh NORIII, kA \GP 29 1.ES1, and those parts of Erie Street, Huron Street, Ontario Street and Ricer Street, as platted in said SOUIII IIALF OF IIL ICIIINj0 \, described as follows: Ile inning at 111 on the west line of said lot C a distance of 40.1 feet south of the northwest corner of said Lot C; thence easterly, parallel with the north line of said Lot C, a distance of 510.77 feet; thence south - erly, deflecting to the ritht 57 dezrees 2e minutes, a distance of 14.64 feet; thence southeasterly alonz a curve concave to the northeast and haviu4 a radius of 3S7.b0 feet, to a point on the south line of said Lot C. said point beinz 918.25 feet east of the southwest cornet of said Lot C; them =e easterly, along said south line, to the southeast corner of said Lot C; thence northerly, along the east line of said Lot C, to the northeast corner of said Lot C, said northeast corner being 1320.DO feet east of the east line of said NORIENSEN'S ADDITION as measured parallel with the east -west quar- ter line of said Section b; thence northerly, parallel with said east line of MORTENSEN'S AD01110 N, to the intersection with said east -west quarter Iine; thence westerly, along said quarter line, to the southwest corner of Block 6b of said 501, HALF OF IIUTCII[NSON; thence northerly, along the west line of said Block 66, to the intersection with a line parallel with and 50.00 feet southwesterly of the center line of the main track of Dakota Rail, Inc.; thence northwesterly, along said parallel line, to the intersection with the north line of said Block 65; thence westerly, along the north lint of said (clock 65, to the northwest corner of said Block 65; thence southerly, along the west line of said Block 05, to the southwest corner of Lot 14 in said Block 65; thence westerly to the northeast corner of Lot 4 in said Block 64; thence westerly, along the north line of said Lot 4, to the north- west corner of said Lot 4; thence southerly, along the west line of said Lot 4 to the southwest -or ner of said Lot 4; thence westerly to the northeast corner of Lot 12 in said Block 64; thence wester ly, alonz the north line of said Lot 12, to the northwest corner of said Lot 12; thence southerly, along the west line of said Lot 12, to the southwest corner of said Lot 12; thence westerly to th.e northeast corner of Lot 6 of said Block 63; thence westerly, along the north line of said Lot b, to the northwest corner of said Lot 6; thence westerly to the northeast corner of Lot 9 of said Sloclk 63; thence westerly, along the north line of said Lot 9, to the northwest corner of said Lot 9; th_enc westerly to the northeast of Lot 6 of said Block 62; thence westerly, along the north line of Lot 6, to the northwest corner of said Lot 6; thence southerly, along the west line of Lot 6 7 s of said BLock 62 and along the east line of said MORTENSEN'S ADDITION, to the easterly prolong on of the north line of Lot 4 of Block 3 of said MORTENSEN'S ADDITION; thence westerly, along said east erly prolongation and along the north line of said Lot 4, to the northwest corner of said Lot 4; thence southerly, along the west line of said Block 3 and its southerly prolongation, to the point of beginning. The survey shown herein is a correct delineation of said survey. Dated this day of , A.D., 19 W1 ar Fa lien, Land urveyor Minnesota License No. 9626. This Registered Land Survey was approved by the Planning Commission of the City of Hutchinson, Mc Leo County, Minnesota, at a meeting thereof, held on the _ day of 19 PLANNING COMMISSION OF THE C111 OF HUTCHINSON, MINNESOTA. By its chairman. This Registered Land Survey was approved and accepted by the City Council of the City of nutchinson, Minnesota, at a meeting thereof, held on the _ day of 19 CITY COUNCIL OF HUTCHINSON, MINNESOTA. Mayor. Clerk. No delinquent taxes due and transfer entered this day of RESOLUTION NO. 95 CITY OF HUTCHINSON • RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Bathrooms — Legion 1237.59 Baseball Restroom Park * U.B.C. Pagers 3352.00 Replacement Fire Yes Motorola Communicati *Baseball Assn. Donatio for Construction The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. BUDGET VENDOR Transmission Repair Engine Repair 2550.00 2796.39 Transmission Repair 1112 Repair Unit 1116 Street Street Yes Yes Jerry's Transmission Jerry's Transmission Date Approved: November 12, 1991 Resolution submitted for Council action &otion made by: Seconded by: by: 1-qf 0 ORDINANCE NO. 91 -45 Aid ORDINANCE A14ENDING ZONING ORDINANCE NO. 464, SECTIONS 8.02 AND 8.03, CONDITIONAL PERMITTED USES IN R -1 DISTRICTS AND R -2 DISTRICTS REGARDING GARAGE AND DRIVEWAY REPLACEMENT THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION I. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to amend Zoning O_dinance No. 464. SECTION 2. That Sections 8.02 and 8.03, Conditional Permitted Uses in R -1 Districts and R -2 Districts regarding garage and driveway replacement are amended as follows: • Conditional Uses: Replacement of existing nonconforming accessory buildings and driveways may be conditionally permitted, provided: 1) The applicant provides the City with a rear and side yard utility and drainage easement as required by the City. 2) The garage is 1000 square feet or less and is not closer than 3' -0" from any interior property line, in which case the overhangs must be less than l' -0" from building exterior. There shall be no recorded easement on the property in the set back area. 3) A land survey, signed and designed by 'a Registered Land Surveyor, is provided and approved representing property lines, easement locations, drainage, and a site plan with the proposed building dimensions, finished floor elevations and setbacks from property lines. 4) A waiver from utilities, telephone company, and cable franchise. • 5) Applicant shall provide a 6' easement on opposite side and rear of property prior to issuance of Conditional Use Permit. The city, at its sole option, may waive the six foot rear yard set back requirement. SECTION 3. This ordinance shall take effect from and after its passage and publication. Adopted by the City Council this 12th day of November, 1991. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 0 0 ORDINANCE NO. 91 -46 AN ORDINANCE AMENDING ZONING RFGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: The following described real property is hereby rezoned from R -3 Multiple Family to C -4 Fringe Commercial District. Lot 8 in Block 2, Cedar Acres Subdivision Adopted by the City Council this 12th day of November, 1991. is Paul L. Ackland Mayor ATTEST: Gary D. Plotz City Administrator ORDINANCE NO. 91 -47 AN ORDINANCE TO VACATE PORTION OF ALLEY BETWEEN MILWAUKEE AVENUE AND DIVISION AVENUE AND PROVIDE 10 -YEAR TEMPORARY EASEMENT BLOCK 3, BONNIWELL'S FIRST ADDITION THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to vacate a portion of an alley. SECTION 2. That certain alley vacation in the Cit of Hutchinson is described as follows: Alley lying between Milwaukee Avenue and Division Avenue in Block 3, Bonniwell's First Addition, except for the center 18 feet of said alley; And provide a 10 -year temporary easement over the West 7 -1/2 feet of the above existing alley being located in the City of Hutchinson, be and the same is hereby vacated. SECTION 3. This ordinance shall take effect from and after its passage and publication and upon filing certified copy thereof with the proper County officers as required by law. Adopted by the City Council this 12th day of November, 1991. ATTEST: Gary D. Plotz City Administrator Paul L. Ack Mayor /—P , 0 ORDINANCE NO. 91 -48 AN ORDINANCE TO VACATE PORTION OF IVY LANE BETWEEN SIXTH AVENUE SOUTH AND SEVENTH AVENUE SOUTH BLOCK 18, BONNIWELL'S SECOND ADDITION THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: SECTION 1. That notice of hearing was duly given and publication of said hearing wa- duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to vacate a portion of a street. SECTION 2. That certain street and public thoroughfare in the City of Hutchinson located and described as follows: Part of Bonniwell's Subdivision of Block 18 of Bonniwell's Second Addition being located in the City of Hutchinson, be and the same is hereby vacated. SECTION 3. This ordinance shall take effect from and after its passage and publication and upon filing certified copy thereof with the proper County officers as required by law. Adopted by the City Council this 12th day of November, 1991. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor A M E M 0 DATE: November 8, 1991 TO: John Rodeberg, Director of Engineering FROM: Quentin Larson, Engineering Technician RE: Diamond 5 (Leon Madson) Salvage Claims I have found in my construction diary two separate entries (copies attached) that state Mr. Madson was informed or reminded to supply us with a letter itemizing his additional claims for salvage materials. Mr. Madson was told that we would not hold up finalizing his contract without this letter. But if he did not get a letter to us before picking up his final payment we would . not consider any claims. Pat Vander Veen also asked Mrs. Madson, when she picked up the final check, if she had the letter from Leon for his salvage claims, Mrs. Madson told Pat that there was no letter. In an attempt to assist Mr. Madson with his letter, he requested I meet with him and give him copies of his original claims to salvage that we had put together when the buildings were occupied. At no time did I tell Mr. Madson that he did not have to furnish us with a letter, nor did I ever indicate the City would pay on any extra salvage claims. W • City Hall Parks fr 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 parer - M �A LAW OFFICES WILLETTE, KRAFT, WALSER, NELSON & HETTIG u FAX; 612-587 -6152 DEPAUL WILLETTE• JOHN H. KRAFT DONALD H. WALSER' PAUL A. NELSON STEVEN E. HETTIG" OLIVIA OFFICE 107 NORTH NINTH STREET OLIVIA, MN 56277 -0148 612-S23-1322 RENVILLE OFFICE 336 NORTH MAIN STREET RENVILLE, MN 56284-0617 612- 3243474 Hutchinson City Council Hutchinson City Office Hutchinson, MN 55350 131 SOUTH MAIN STREET P.O. BOX 129 HUTCHINSON, MN 55350-0129 612 - 567.6150 November 7, 1991 In re: Diamond Five Wrecking Claim Gentlemen: Since you had not had an opportunity to review the contract documents before the last meeting, I appreciate your delaying your decision. Now that you have seen the documents, we would like to submit the following comments on a couple of issues which came up at the meeting. 1. No guarantee of "actual condition of structures The contract does provide that there is no guarantee as to the condition of the structures. "Condition" was understood to refer to damage, breakage, structural soundness, etc. It was not understood to relate to the actual removal of integral parts of the building such as the wiring, plumbing, doors, etc. 2. Owner's right to remove or salvage "items within their structures" The owners had this right. However, the "Items Within Their Structures" are not the items which are involved in Diamond Five's claim. The salvage items which are involved in this claim are items which were actual integral parts of the buildings themselves, i.e. doors, electrical, wiring, etc. This is an unfortunate situation where both the demolition contractor and the property owners thought they had the right to these salvage items. Although the City tried to remedy the situation by its letters to the owners on February 20, 1991, we are still left with a $7660.00 problem. E 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE NATIONAL BOARD OF TRIAL ADVOCACY AND THE MINNESOTA STATE BAR ASSOCIATION. "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION. page 2 0 Mr. Madsen of Diamond Five Wrecking feels that he was more than reasonable in conceding and giving up all of the metal office building and the salvage items in the Car Quest building. He just does not feel that he can afford to give up these items also. Thank you for your consideration. Very truly yours, WILLETTE, KRAFT, WALSER, NELSON & HETTIG BY: L'—ij Donal d H. Walser DHW:ko Enclosures cc: G. Barry Anderson - City Attorney John P. Rodeberg - Director of Engineering Gary Plotz - City Administrator Leon Madsen • N . Submittals A. Schedule Submit proposed methods and operations of demolition to the Director of Engineering for review prior to start of work. Include in schedule, coordination for shut -off, capping, and continuation of utility services as required. B. Contractor shall provide copies of all permits required to the Owner for all demolition and waste disposal activities prior to demolition. Job Conditions A. Occupancy Structures to be demolished will be vacated prior to start of work. Coordinate demolition with Director of Engineering. Please see site plan for dates when structures may be vacated. These dates are approximate only and may vary. B. The FBI and the Hutchinson Police Department will be utilizing 135- " 1st Avenue North and 119 Hassan Street in aid -Feb as train in for the Emergency Response Team. ow _ A" tEtiia use No compensation t$E Contractor for µ this * ° ge s consi ered unless significant damage which impairs the ability of the Contractor to demolish the structures occurs. If the Contractor wishes to retain and move these structures, other structures on the site may be able to be substituted. C. Traffic Conduct demolition operations and removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations or authorities. D. Protection Ensure safe passage of persons around area of demolition. Erect barriers, fences, guard rails, enclosures, chutes and shoring to protect personnel, structures, and utilities remaining intact. E. Utility Services It shall be the responsibility of the Contractor to complete the following prior to demolition or moving: 1. Contact Hutchinson Utilities, Star Cablevision and Hutchinson Telephone Company and have gas, electric, telephone and cable / , maintained by Owner in so far as practicable. However, variations within structure may occur by Owner's removal and salvage operations prior to start of demolition work. CITY OF HUTCHINSON 37 WASHINGTCN AVENUE WEST HOTCHINSON, MN 55350 ADDENDUX No. 1 LETTING NO. 15 PROJECT NO. 90-25 SPECIAL PROVISIONS DEMOLITION OR WING OF STRUCTURES LOCATED IN DOWNTOWN SHOPKO DEVELOPMENT SITE - Phase 1 I. GENERAL P4=rforn:ynce B. The City rNserves the right to retain and move the str.ectur located at 31 First Averge P.E. (Town b Country /Rannow Chiropractic, to city owned property next to the Street Garage. The City will reg- ;bate with the successful bidder following the bid opening. The City, at its ova discretion, may obtain proposals from other contractors to complete the work. Job Conditions B. Conditions of Structures Add the follo -Ing betveen existing paragraphs: er "a ma7 A' 3FVgeaSOZ3...A�F!ctuzes and to ®Hge iteas Sap [Lair structurp� Properties currently vacated are to be maintained as to their condition on December 21, 1990. The Hutchinson Fire Department may wish to utilize a structure for training purposes. Also,' the FBI and Hutchinson Police... Please note that you MOST acknowledge receipt of the addendum on the Proposal Form. G/ Joh P. R eberg Reg. No. 18596 (612) 587 -5151 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON. MINN. 55350 February 20, 1991 Gary Mickle Electric Motor Company 145 Hassan St. ■o. Hutchinson, MN 55350 Re: Davntovn Shopko Development Area Salvage Rights Dear Mr. Mick-le; In an effort to clarify 'slues of salvage ' "" $ .fights G� m� *r thos8 Carta of the bvi- IdI�ig, tlat e .0 1 - Aee„to ttie habitabiw " re retrain. Those pat• *a � s13 include doors, vindcs►.w¢x j Ong cu..d r' €Bated f$'turr Any specialized equipment related to your business obviously can be salvaged prior to vacation of the property. Our concern relates to the protection of the property and the physical and regulatory problems related to salvaging and /or moving these facilities. If you have any questions or concerns, please call Barry Anderson or myself. Sinc yours John Prr Rode rg Divictbr of Engine ring cc: G. Barry Anderson, City Attorney Gary D. Plotz, City Administrator Diamond 5 wrackimaw AIRNOLD & McDOWELL ATTORNEYS AT LAW 101 PARK PLACE HL'TCHI \SO], MINNESOTA 55350 (612) 587 -7575 FAX (612) 587-4096 RESIDENT ATTORNEY G. BARRY ANDERSON October 30, 1991 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Block /City of Hutchinson Agreement Our File No. 3188- 910175 Dear Gary: OF COUNSEL CHARLES R. CARMICHAEL' WILLIAM W. CAMERON 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (6127 545-9000 MV TOLL FREE. 800-343-4545 PAX(612)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (6121389-2214 PAX (612) 389-5506 29 o, REC&I I had a chance to visit with Mr. Block regarding several issues that the City of Hutchinson has with Hutch, Inc. I am enclosing a copy of my correspondence to Mr. Block. The issues as I see it include the following: 1. Agreement. The City prepared an agreement for the signature of Hutch, Inc.. and the City of Hutchinson which Mr. Block has never executed. During the course of our conference, he acknowledged that he had received the initial draft, but did not offer a reason for his failure to execute the agreement. However, he and I did go through the terms of the agreement paragraph by paragraph, and other than grammatical errors, the agreement appeared to be satisfactory. I am enclosing for Council consideration a revised "clean draft" of the agreement, and I am also enclosing a "redlined" copy so that the Council is aware of the changes made in the agreement. 2. Billing Ouarter. The City presently has a policy of billing Hutch, Inc. on the basis of winter quarter water usage. Block claims that winter quarter water usage has historically been the highest quarter for a mobile home park because residents allow their water to run in order to keep the pipes from freezing. He anticipates this problem will be gradually reduced with time, because the residents will now be paying for the water actually used. However, this may take some time. His preference would • be to pay for sewer usage based on water actually consumed in each quarter and he has asked me to convey that request to the City. M 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE DAR ASSOCIATION — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST 51 THE MINNESOTA STATE PAR ASSOCIATION DAVID B.ARNOLD • GARY D. McDOWELL STEVEN A, ANDERSON' G. BARRY ASDERSOR' STEVEN S. HOGE LAURA K. FEET II D DAVID A. BRLEGOEM. N"N PAtL D. DOVE JOSEPH M. PAIEMENT JA31ES LTLEY JUL" A.CHRISTIANS RICHARD O. McGEE TIMOTHY W. FAFINSKI AIRNOLD & McDOWELL ATTORNEYS AT LAW 101 PARK PLACE HL'TCHI \SO], MINNESOTA 55350 (612) 587 -7575 FAX (612) 587-4096 RESIDENT ATTORNEY G. BARRY ANDERSON October 30, 1991 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Block /City of Hutchinson Agreement Our File No. 3188- 910175 Dear Gary: OF COUNSEL CHARLES R. CARMICHAEL' WILLIAM W. CAMERON 5881 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (6127 545-9000 MV TOLL FREE. 800-343-4545 PAX(612)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (6121389-2214 PAX (612) 389-5506 29 o, REC&I I had a chance to visit with Mr. Block regarding several issues that the City of Hutchinson has with Hutch, Inc. I am enclosing a copy of my correspondence to Mr. Block. The issues as I see it include the following: 1. Agreement. The City prepared an agreement for the signature of Hutch, Inc.. and the City of Hutchinson which Mr. Block has never executed. During the course of our conference, he acknowledged that he had received the initial draft, but did not offer a reason for his failure to execute the agreement. However, he and I did go through the terms of the agreement paragraph by paragraph, and other than grammatical errors, the agreement appeared to be satisfactory. I am enclosing for Council consideration a revised "clean draft" of the agreement, and I am also enclosing a "redlined" copy so that the Council is aware of the changes made in the agreement. 2. Billing Ouarter. The City presently has a policy of billing Hutch, Inc. on the basis of winter quarter water usage. Block claims that winter quarter water usage has historically been the highest quarter for a mobile home park because residents allow their water to run in order to keep the pipes from freezing. He anticipates this problem will be gradually reduced with time, because the residents will now be paying for the water actually used. However, this may take some time. His preference would • be to pay for sewer usage based on water actually consumed in each quarter and he has asked me to convey that request to the City. M 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE DAR ASSOCIATION — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST 51 THE MINNESOTA STATE PAR ASSOCIATION Mr. Gary D. Plotz • October 30, 1991 Page 2 3. Individual Unit Charges. Block emphatically denies that he is attempting to charge an excess rate to individual unit owners. He claims that when he instituted his individual billing method to the individual lots, he reduced the rent from $150 per month to $140 per month, recognizing that tenants would now have utility expense where they previously had none. The law in this area is governed by Minnesota Statute §327C (1990) which provides as follows: Subd. 3 Permissible Rates. ..(N)o park owner shall, directly or indirectly, charge or otherwise receive payment from a resident for a utility service, or require a resident to purchase a utility service from the park owner or any other person, at a rate which is greater than either of the following: (a) a rate which the resident could pay directly for the same utility service from some other comparable source in the same market area; or (b) a rate which is charged to single family dwellings with comparable service within the same market _area. It is not clear to me whether the rate charged by Mr. Block is in compliance with this statutory provision. Does the Council wish to include language in the agreement giving the City the right to regulate rates charged to individual unit owners? The Council should note that according to at least one of the tenants, the rates charged were $6.00 for water, $5.29 for sewer and $1.10 per unit of water used. The tenants also claim that based on the large amount of water used, Block is only paying 85 cents per unit. One possible compromise might be to require Block to use the unit charge that he receives and to reduce either the length of the agreement or the amount charged for water or sewer service. Please note that the City has no authority to regulate water rates charged to individual unit owners; our authority to set rates in this area is governed by the fact that we are willing to adjust our sewer rates to Mr. Block's . benefit, which we are otherwise not required to do. Mr. Gary D. Plot • October 30, 1991 Page 3 The Minnesota Court of Appeals recently addressed this issue in the Allison decision, a copy of which I am passing along to the City Council for their review. 4. Evacuation Plan. Block believes the existing evacuation plan is a satisfactory response to severe weather concerns only in the short term. His present plans are to begin construction of a shelter in 1992, but he does anticipate the plan would be left in place for at least next year. I advised him that this was a Council decision and I would get back to him on this issue. I hope this information is helpful. Best personal regards. Very truly yours, 0 i RNOLD & MgDOWELL l ' 1-1 ' U Ba y 1 Anderson GBA:lm Enclosure 1J AGREEMENT • This Agreement is made this _ day of 1991, by and between Hutch, Inc., a Minnesota corporation, and the City of Hutchinson ( "City "), a Minnesota municipal corporation. RECITALS: 1. Hutch, Inc. is the owner of certain property located in McLeod County, legally described as set forth on attached Exhibit "A". 2. Hutch, Inc. operates a commercial business identified as a mobile home park on the above - described property; 3. The City provides water and sewer services to the property and has consistently followed procedures set forth in city ordinances for the provision and billing of such services; • 4. The parties desire to clarify the rights and responsibilities of each with respect to billing, collection and maintenance of water and sanitary sewer services. NOW THEREFORE BE IT AGREED BY AND BETWEEN THE PARTIES: 1. Hutch, Inc. shall install, operate and maintain water meters for all units now located in the mobile home park and all units brought into the park after the date of this Agreement. The water meters shall be of a type and style approved by the City. 2. Meters shall be installed consistent with procedures, rules and regulations established by the City. 0 -1- �f- (!, 3. The City shall bill Hutch, Inc. for water service to the • property described on Exhibit "A" based on the master meter for the entire parcel. 4. The City shall bill Hutch, Inc. on a quarterly basis for sanitary sewer service. The billing shall be based on water usage as determined by total water usage measured by individual meters. The actual calculation of the billing and rate for sanitary sewer service shall be consistent with City procedure as established by the sole discretion of the City. Further, the City may, at the City's option, bill for sanitary sewer service based on water usage in a given period of time. 5. Hutch, Inc. shall be responsible for reading all individual water meters and billing individual water meters for water and sanitary sewer service. Hutch, Inc. shall provide to the . City all billing information which the City, in its sole discretion, determines is needed to bill the sanitary sewer service charges to Hutch, Inc. Hutch, Inc. agrees to make billing records available for inspection at any reasonable time upon request by the City. 6. The City shall give written notice to Hutch, Inc. at least seven days prior to the scheduled meter reading date. All meters, including the master meter and individual unit meters, shall be read on the same date. 7. In the event of a default by Hutch, Inc. in any of its obligations as set forth in this Agreement or any other statutory -2- 0 violation by Hutch, Inc., the City may, at its sole option, charge • Hutch, Inc. for sanitary sewer service based on the master meter reading. 8. This Agreement shall run for a period of five years from January 1, 1991 through December 31, 1996. Thereafter, unless terminated by either party in writing, the Agreement shall continue in full force and effect on a month -to -month basis and may be terminated by any party upon thirty days written notice to the other party. 9. Nothing in this Agreement is intended, nor shall be construed as, a waiver by the City of any rights the City may have under existing ordinances, statutes, customary practices and procedures, or police powers under state or federal constitutions or laws. It is understood and agreed that Hutch, Inc. undertakes the purchase, installation, maintenance and billing responsibility for individual units in the mobile home at its own risk and without any recourse to the City and agrees to indemnify the City from any claims arising out of the use or billing of separately maintained units. 10. Notices required or permitted under this Agreement shall be served on the parties as follows: To the City: City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 -3- • With a copy to: Hutchinson City Attorney G. Barry Anderson • 101 Park Place Hutchinson, MN 55350 To Hutch, Inc.: 369 E. Kellogg Blvd. St. Paul Mn. 55101 With a Copy to: John Hallahan Lot 35, Country Club Terrace Hutchinson, Mn. 55350 11. Hutch, Inc. may not sell, assign, encumber or otherwise transfer any rights or obligations under this Agreement without the express written permission of the City. HUTCH, INC. Dated: , 1991. By CITY OF HUTCHINSON • Dated: , 1991. By Paul Ackland, Mayor Attest: Gary D. Plotz STATE OF MINNESOTA) ) ss: COUNTY OF McLEOD ) On this day of 1991, personally appeared before me, a Notary Public, , who is the of Hutch, Inc., a Minnesota corporation and acknowledged that he executed the above on behalf of the corporation as the free act and deed of said corporation. Notary Public -4- 0 STATE OF MINNESOTA) ) ss: COUNTY OF MCLEOD ) the same as his free act and deed. On this day of , 1991, before me, a Notary Public, personally appeared Paul L. Ackland, Mayor of the City of Hutchinson, on behalf of the City, a municipal corporation in the State of Minnesota, County of McLeod, to me known to be the person described in and who executed the foregoing instrument on behalf of the City of Hutchinson and acknowledged that he executed Notary ! Drafted By: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Telephone: Attorney I. MN 55350 (612)587 -7575 D. No. 196X -5- ARNOLD & cDOWELL ATTORNEYS AT LAW ~ 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 PAX (612) 587-4096 RESIDENT ATTORNEY O. BARRY ANDERSON Or roUNSKL CHARLES R. CARMICHAEL" MI I IAM W. CAHERON 5661 CEDAR LAEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL TREE 600 -343 -4545 PAX(6M)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389-5506 October 30, 1991 Ms. Janet McLain Country Club Terrace Lot #36 Hutchinson, Mn. 55350 Re: Water Meter Problem Our File No. 3188- 900175 Dear Ms. McLain: • This letter is a follow up to my correspondence of October 2, 1991 regarding the above referenced matter. The City Council will be considering this issue shortly. I did want to advise you, however, of my meeting with Mr. Block. Block has told the City that he reduced the lot rent from $150 per lot to $140 in recognition of the fact that tenants would be paying for utility service. I would appreciate it if you could confirm whether or not this is the case. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm CC Gary D. Plotz * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE M1.YNESOTA STATE HAS ASSOCIATION 9 :D "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE HAS ASSOCIATION I DAVID B. ARNOLD • GARY D. XcDOWELL STEVEN A. ANDERSON O. HARRY ANDERSON' STEVEN S. HOOK LAURA K. PRETLAND DAVID A. BHCEOOEMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. WORE TIMOTHY W. PAPINSKI ARNOLD & cDOWELL ATTORNEYS AT LAW ~ 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 PAX (612) 587-4096 RESIDENT ATTORNEY O. BARRY ANDERSON Or roUNSKL CHARLES R. CARMICHAEL" MI I IAM W. CAHERON 5661 CEDAR LAEE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545 -9000 MN TOLL TREE 600 -343 -4545 PAX(6M)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 FAX (612) 389-5506 October 30, 1991 Ms. Janet McLain Country Club Terrace Lot #36 Hutchinson, Mn. 55350 Re: Water Meter Problem Our File No. 3188- 900175 Dear Ms. McLain: • This letter is a follow up to my correspondence of October 2, 1991 regarding the above referenced matter. The City Council will be considering this issue shortly. I did want to advise you, however, of my meeting with Mr. Block. Block has told the City that he reduced the lot rent from $150 per lot to $140 in recognition of the fact that tenants would be paying for utility service. I would appreciate it if you could confirm whether or not this is the case. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm CC Gary D. Plotz * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE M1.YNESOTA STATE HAS ASSOCIATION 9 :D "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE HAS ASSOCIATION I DAVID B- ARNOLD • OARY D.MCDOWELL STEVEN A. ANDERSON O. BARRY ANDERSON STEVEN S. HOOE LACRA K. PRETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICRARD O. McOEE TIMOTHY W. FAPINSKI • • October 30, 199 ARNOLD & McDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. William Block Hutch, Inc. 369 Kellogg Boulevard St. Paul, Mn. 55101 Re: Water Meter Matter - Hutch, Inc. Our File No. 3188 -91175 Dear Mr. Block: 01 COUNSEL CHARLES R.CARMICHAEL" WILLIAM W. CAMERON 5891 CEDAR LAKE ROAD MINNEAPOLIS, MINNESOTA 85416 (512) 545 -9000 MN TOLL FREE 800-343 -4545 FAX(612)545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2214 PAX (612) 369-5506 This letter is a follow up to our office conference of this past Monday, October 28, 1991, in which you and I discussed the above referenced matter. First, it is my understanding that the agreement was generally satisfactory. We will be revising the agreement to correct grammatical errors and to bring it up to date and a draft will be sent to you following City Council approval next week. Enclosed is a copy of the tentative draft which I have sent to the City Council for their consideration. Please let me know if you have any concerns regarding the language in this agreement prior to next Tuesday evening. It should be clearly understood that the meters were installed by you in advance of the execution of a written agreement between the parties at your own risk and expense. As I pointed out in my letter of June 3, 1991, the City was surprised to discover that you had simply gone ahead and installed the meters without either executing the prior draft of the agreement that was sent to you or communicating with the City on these issues. Notwithstanding the foregoing, I am pleased that we were able to have a productive discussion on the terms of the agreement and I will get back to you regarding any changes that need to be made. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION J Mr. William Block • October 30, 1992 Page 2 Second, the Council has expressed concern over complaints from residents about "excess billing" for water usage. As I understand the complaint of the tenants, they are presently being charged $6.00 for water usage, $5.29 for sewer usage and a per unit charge for water usage. It is your position that you are complying with Minnesota Statute §327C.04, Subd. 3 and that particularly when factored in with your reduction in the basic lot rent, the rates charged are reasonable and fair. The Council will need to decide if they wish to take further action on this point. I must tell you that it was clearly the City Council's understanding that this agreement was entered into not for the purpose of allowing a "profit" to be earned, but solely for the purpose of allowing a more accurate calculation on your part of your sanitary sewer charges. This was a concession the Council did not need to grant and one that the Council may not be willing to continue to grant if tenants continue to believe they are unfairly treated. Third, we discussed the evacuation plan. It is my understanding . that you wish to keep the present evacuation plan in place until sometime next year when you hope to start construction on a permanent park shelter as you have done at other parks. Clearly, a permanent park shelter is far more desireable than the existing evacuation plan. While there are other issues that we discussed, the above seemed to be the most significant points. Please do not hesitate to contact me if you have questions or concerns. Thank you. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm Enclosure • C October 31. 1991 M E M 0 R A N D U M TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ. PERSONNEL COORDINATOR ors RE DRUG -FREE POLICY Attached is a draft Policy on Alcohol and Druo Use by City of Hutchinson Employees. This policy will be an appendix to the City Personnel Policy. 0 Adoption of this policy will put the city in compliance with the Federal Druo- Free Workplace Act, which applies to all public employers who receive more than $25,000 in federal money. The management letter from Charles Dailly cited the need to implement this policy to be in compliance. (Note: The attached policy does not include drug testing. It is anticipated that there will be mandatory drug testing for some city departments within a year, but final guidelines have not yet been developed.) 0 City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -1975 Police Department 10 Franklin Street South (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on mcuded paper- VIA l drugfree /wd5 RESOLUTION NO. 9604 • POLICY ON ALCOHOL AND OTHER DRUG USE BY CITY OF HUTCHINSON EMPLOYEES I. Introduction The City of Hutchinson recognizes that alcoholism and other drug dependencies are a significant social problem with a potential for causing severe effects to the City's workforce. The City of Hutchinson recognizes that it has a responsibility to maintain a drug free workplace. The City also recognizes that drug dependency may be an illness. Consistent with this understanding, however, the City has an obligation to ensure that its employees perform their jobs efficiently, safely and in a professional business -like manner. The purpose of this document is to set forth the City's policy regarding alcohol and other drug use, including unlawful drug use or abuse, in the workplace. II. Scope of Coyeraye This policy is applicable to all employees of the City of Hutchinson and shall be enforced by the City Administrator. 9uestions regarding this policy should be addressed to the City Administrator or Human Resources Coordinator. III. Definitions A. "Work- related Alcohol and Other Drug Abuse" is defined as the use of mood - altering drugs, including all forms of alcohol, narcotics, depressants, stimulants, hallucinogens, marijuana or the use of prescription drugs when resulting behavior or appearance adversely affects work performance. B. "Adv ersely Affects Mork Performance" and "Under the Influence" shall be determined to be present if the employee is perceptibly impaired; has impaired alertness, coordination, reactions, responses or effort; if the employee's condition or behavior presents the appearance of unprofessional or irresponsible conduct detrimental to the public's perception of the City as an employer as determined by the supervisor or department head or others observing the employee. C. "Controlled Substances" means those substances whose distribution is controlled by regulation or statute including, but not limited to, narcotics, depressants, stimulants, hallucinogens and cannabis. D. "Mood - altering" or "Alter" means changed behavior which may limit an employee's ability to safely and efficiently perform his /her job duties, or poses a threat to the safety of the employee or others. 0 ?-A. IV. City Employee Assistance Prograg The City has an Employee Assistance Program to assist employees in addressing . problems such as alcohol or other drug abuse. Employees who may have an alcohol or other drug abuse problem are encouraged to seek a professional assessment through the employee health insurance chemical assessment coverage before the problem affects their employment status. Participation in this program is voluntary and confidential, except as may be required pursuant to Public Law 100 -690, Title V, Subtitle D. V. Non - Discrimination ---- ----- ---- --- -- The City's policy on work- related substance abuse is non - discriminatory in intent and application. However, in accordance with Minnesota Statutes, Chapter 363, disability does not include any condition resulting from alcohol or other drug abuse which prevents a person from performing essential functions of the job or creates a direct threat to property or the safety of individuals. IV. Conseguence of Violations Violations of this policy may constitute just cause for discipline, including possible discharge. Each situation will be evaluated on a case -by -case basis depending upon the severity and circumstances involved. VII. Prohibitions A. No employee shall report to work under the influence of alcohol, marijuana, controlled substances, or other drugs which affect his /her alertness, coordination, reaction, response, judgment, decision - making or safety. B. No employee shall operate, use or drive any equipment, machinery or vehicle of the City while under the influence of alcohol, marijuana, controlled substances, or other mood- altering drugs. Such employee is under an affirmative duty to immediately notify his /her supervisor that he /she is not in appropriate mental or physical condition to operate, use or drive City equipment. C. No employee shall unlawfully manufacture, distribute, dispense, possess, transfer, or use a controlled substance in the workplace or wherever the City's work is being performed. During work hours or while on the City's premises, no employee shall use, sell possess or transfer alcoholic beverages, with the following exceptions; Consumption, possession, sale or purchase of alcohol when authorized by the City Administrator (example: annual city picnic). Possession of alcohol while being transported in a City vehicle in • compliance with applicable statutory requirements. Possession of alcohol while in an employee's personal vehicle on the City's premises in compliance with applicable statutory • requirements. Additionally, employees shall not participate in these activities during rest breaks or during overtime work. D. Engaging in off -duty sale, purchase, transfer, use or possession of illegal drugs or controlled substances may have a negative effect on an employee's ability to perform his /her work for the City. In such circumstances, the employee is subject to discipline. E. When an employee is taking medically authorized drugs or other substances which may alter job performance, as defined in HIM above, the employee is under an affirmative duty to notify the appropriate supervisor of his /her temporary inability to perform the job duties of his /her position. F. The City shall notify the appropriate law enforcement agency when it has reasonable suspicion to believe that an employee may have illegal drugs in his /her possession at work or on City premises. Where appropriate, the City shall also notify licensing boards. 6. Employees are discouraged from consuming alcoholic beverages during lunch or dinner meals when returning immediately thereafter to perform work on behalf of the City. Employees are advised that in any situation subsequent to the intake of alcohol where the employee must continue conducting the City's business, any employee whose condition or behavior adversely affects his /her work performance shall be subject to possible discipline, up to and including discharge. VIII. g22p1g1enta1 Policies City departments such as police and fire (public safety) may promulgate supplemental policies, which are not in conflict with this policy, including prohibiting the use or consumption of alcohol and /or controlled substances within a specified time period before the commencement of work. Written notice of such policies must be disseminated to affected employees. IX. Data Disclosure Disclosure of information regarding employee alcohol and other drug use in the workplace must be consistent with applicable law. Questions in this area should be directed to the Employment and Labor Law Section of the Attorney General's Office or to the Department of Employee Relations, Labor Relations Bureau. X. Federal Grant Employees Each employee engaged in the performance of work on federal grants or • contracts is required to notify their director of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. XI. Drug /Alcohol Testing • Any alcohol and /or other drug testing undertaken by the City shall be in accordance with Minnesota Statutes 181.950 -957 (1987), the Minnesota Drug and Alcohol Testing in the Workplace Act. Such policies oust be in written form and oust be reviewed by the City Attorney prior to implementation. xII. Effective Date This Policy on Alcohol and Other Drug Use in the Workplace shall be in full force and effect beginning --------------------------- -- - - -, pursuant to Public Law 100 -690 (The Drug -Free Workplace Act), Title V, Subtitle D, 41 USC 701 et seq. Adopted by the City Council this _th day of , 1991. Paul L. Ackland, Mayor `J ATTEST: Gary D. Plotz, City Administrator • c TO: Mayor & City Council FROM: Dolf Moon and Barb Haugen DATE: October 29, 1991 RE: 1992 Lease Agreement with Senior Nutrition Program We recommend the City Council enter into agreement with the Heartland Community Action Agency for the sum of $860 per quarter, which is $16.50 higher than they pro- posed for 1992. The $860 figure is the same as Heart- land paid in 1991. Is In addition, there was no support data forwarded to the city to justify decreasing quarterly payment for 1992. Past history shows that Heartland paid $854 per quarter in 1989 and 1990. klm u Cih Hall 37 Washington A: Jenne West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Police Department 10 Franklin Street South (612) 587 -2272 Hutchinson, Minnesota 55350 - P"'I t i d on ronlc led p 1p r - Ive ffiS IGREEMM, signed and dated below, specifies the terms and conditions as agreed by the City of Hutchinson (Lessor) and Heartland Community Action Agency Senior Nutrition Program (Lessee) for Lessee to use the premises described as: Hutchinson Senior Center, 115 Jefferson Street, Hutchinson, MN 55350. ; 6A.:Ev �a rva TERM This lease shall be in effect for the calendar year 1992 and renewable annually thereafter until either party provides 60 days written notice of intent to terminate. REIMBURSEMENT The quarterly payments of $844.50 dollars each shall be paid to the Lessor for reimbursement of utility and maintenance expenses directly associated with Lessee's use of the premises. This amount shall be reduced in any month on a prorated basis if the Lessee's use is terminated or less than the usage at the beginning of the term. • USE OF PREMISES Lessee shall have the right to use the kitchen and dining room from 5:00 AM to 2:00 PM or reasonable time of completion daily, Monday through Friday, to provide meals and social services to senior citizens. • In the event the Lessor must unavoidably use the premises during these hours the Lessee shall be notified two weeks in advance and provided with an acceptable alternate option or receive a prorated credit toward reimbursement owed Lessor. REPAIRIMAINTENANCE/UTILITIES Lessor agrees to maintain the premises including sidewalks and parking lots in good order to insure safe, sanitary, and habitable occupancy by Lessee. Lessor agrees to maintain all Lessor owned equipment and fixtures included in the leased premises in safe and good working order. Lessor agrees to maintain all structural components (including but not limited to: mechanical, plumbing, electrical, all surfaces including glass, etc.) in safe and good condition. All such repair and maintenance is at Lessor's expense. The Lessor will be responsible for major housekeeping chores, (i.e. cleaning bathrooms, cleaning carpet, washing windows, and shoveling snow.) The Lessee will conduct daily light housekeeping. Utility payments to the vendors shall be the responsibility of the Lessor. LESSEE PROPERTY All goods, foodstuffs, fixtures, equipment and personal property of the • Lessee shall remain the property of and reserved for the Lessee at all times. Any damage /disappearance mysterious or otherwise, during the Lessor's use of the premises shall be the Lessor's responsibility to reimburse Heartland Community Action Agency for replacement cost. LESSOR PROVIDED TRADE FIMMS The Lessor shall provide refrigeration, oven, washing and storage fixtures as-well -as place settings, tables and chairs, and cleaning utensils for mealsite operation at the level described in "special conditions ". This property remains the Lessor's if provided at the Lessor's expense. INSIIRANCE The Lessee agrees to carry personal property insurance to cover all its contents and personal property on the leased premises. ASSIGNS The terms and agreements of this lease shall extend to and bind the heirs, assigns, and executors of both parties. FOOD LICENSE The Lessee will maintain a Minnesota Food License for Program operations only. The Lessor is responsible to ensure that any other food preparation activities in the facility are in compliance with Minnesota State Law. SPECIAL CONDITIONS A. The Lessee will maintain telephone service for program use only. B. The Lessor will provide adequate place settings and other trade fixtures for an average meal service capacity of 80 persons. 13 VITU S VREMM both parties have executed this agreement with their signature below as dated. LESSEE LESSOR Heartland Community Action Agency City of Hutchinson Senior Nutrition Program B Title: Program Coordinator Date )o a3 91 Title Date Ti Date (leases) 10/91 • ADDENDUM 1992 LEASE AGREEMENT SENIOR NUTRITION PROGRAM REPAIR /MAINTENANCE /UTILITIES The Lessor will be responsible for major housekeeping chores: Cleaning bathrooms, washing windows, scrubbing kitchen floors and shoveling snow. The Lessee will conduct daily light housekeeping as follows: Daily sweeping of floor, wiping down cupboards, shelves, countertops, dishwasher, freezers, refrigerators, keeping stoves and ovens in clean order (inside and out), keeping items off the floor space, keeping kitchen in generally good appearance and in neat order. M E M O R A N D U M October 29, 1991 TO: Mayor 5 City Council FROM: Gary D. Plotz, City Administrator SUBJECT: Extending Farm Lease Agreement with Kurt Knutson Kurt Knutson recently stopped by the office and requested an extension of his farm lease for airport land. He would like to renew the contract terms as the old for another three -year period contract (see attached copy). with the same /ms Attachment City Hall Parks £r 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 mcycted paper - 8M9 -PARK LEASE, 51-44RES OR l RENT. Re.`urlly Inereet Clnwe a-- - ...... ... o t hy 22nd .. d y ef__ February _.. 19 B it it .greed that The tote... tent. City of, Hutchisnon, a Municipal corporation, AS LESSON ... hereby Irani a.d ...lr to K ent__ __. K_...___ -_ti Kurt Knutson toot .. _._. ._. AS f,F,.S.SEF. the farm laid lying in McLeod Cpanty, Minnesota w foiloal to -oit: The East Half of the Southwest Quarter (EJ of SWO. • in S"felaw.. 12 , Tape 1p . 116N,Range 30W ., for the term of ...three _, I., _.. beginning milk the 1st. _ d o f November lg 88 pad rndil October 31, 1191 SAID LESSEE, in covidnation of raid levee, herebilh,", ... 1, with raid loror ar flaunal W -mil: RENT: Twl ne will v., 1. e.m I-r. n.e I., sle L.a a Iellewu Twelve Thousand Dollars ($12,000.00) payable in three installments: $4,000.00 on or before October 15, 1989; $4,000.00 on or before October 15, 1990; $4,000.00 on or before October 15, 1991. (said price determined by a cash rental of $50.00 per acre, 80 acres total). orEEAY1 e.N1 That nn will 1. tae I.. ...a m lEa It"' gel en lm 1. . In. lany \p.. . 1 .e .w I. r.lm .0 \I,M \a a., p, In Imptrmeµ. ..a O m.nnmen ..ea.. rs i. e am ua eta. Es Eof' That b .m oe par In. eat eaa at .0. .. e.a.a. $ T...... no: That n. au i-at" p., .0 m.l .1 .,,.mile ml..... I..,. A P.EnP: That Le will ll I....11 wen.le urn Ieer vJ all .et "" fen a,.e le mel.ep e.ei .. eq time. .TEA I A \n NANUEE: Thai ne will -I .,thee, .e all one .hoar we moot,,, aid will ae e. a4 I.ee wnero m.el veW,e .0 ....e. la.-. P 1.1a INR: Tn.l ne will, Immetll.lnle .line tar.... h. corn r,ep eah ... r, plow eatl I... .e Ie1Mwe: ..e Illnl e \e eW. fell 1. en ep. \[ here., •,.art ... .atl lea.r In ale, .r.. eae latl ..a 1. w plow Inc ame a lee e.paa .I he leeere. ne..e. 11al Tn.l .e will .1 nee e ..1 hl, ..n ..Pa._. rep e. ..e rep.lr It tens[. 1. Imprerewe.b .....a aid ..a e It, nlr wool .1 rare n..epu....el ... that .11 eu:er teeth .\.11 b voce .. mu...: E \TRY RT LEPPOR: Thai altl IeapI m aeon -hi awe at .r Ilmn 1. lapeel toe come ..a 1...a. ae. repar. a.r ......en.enlp a he .h... aeem .el'raarT, or 1. prepare Tne tae ae[nee w. mop. .,..lice n[ ...R at .-a. ema one ether prnpnrl. .1 .n IJ levee. ..II F.VT Ann Pt'BI.RTTIY n: That at will .,like, Inl. la,p an, ,..Iel aae Net a ,ae had wllnnal .on,e.l I. welllna .1 al .. altl I,upe. !ELV RITV INTEREST; I., .r-re Ilan I.nl'mrnl n/ Illr -1,l. Ilerrin .Reriflel nn.l It- I:Illnlul M:f•..ntl: n:'r ,ha v:rlrl fulfill. len.r. e 1- it, - I +, nl 1. 1 1 hl. -1111-11110n1 I'll I r 1 1 1 It 1 1 J .1 ..,i I 11 1 :.111 ( ra, Tn I F I I all :, R II Vm f I J I Y 11 f I'..::1 1 I• : !r'11 - : r 1 f IA fll nn 111.11. +. - ,:f 111 1•.I�ie "I'l 1� I If 1 ",I I-, I. - 1 I. 1 1 1 1 1 J- :II 1 1 I 1 11.1 1 1 p ) 11 \ '1 . II I. 1. ... 11 R 1 11 n n r a 1 1. If - n 1 I le .. nl. 1 1I. 1 11 Il 1 I 1 11: .. I Ie 1 11 i 11I 1:1 � r _M¢ n 1e. 1'..Lnr1 }rtx.ir.mll- ii 1 le.. +11111.1,1 .:nnl - ,:1. n. -1114. 1 x1'lee 4.111• her 1. 9�p • C M E M O R A N D U M November 4, 1991 T0: Mayor and Council FROM: Bonnie Baumetz, License Secretary SUBJECT: INTOXICATING AND NON- INTOXICATING ON SALE LIQUOR LICENSE REQUESTED BY MARK GAARDER • By November 12th, Mr. Gaarder will inform the city of the location for his license whether it will be the former O'Tooles or Papa Vern's. At that time, he will also have a name for the new business. cc: Gary Plotz, City Administrator Steve Madson, Police Chief Mark Gaarder, Applicant City Hall Parks & Recreation Police Departineut 37 it'ashingtou Avenue hest 900 Harrington Street 10 Franklin Street South (612) 557 -5151 (612) 587 -2915 (612) 557 -2272 Hutdtir.son, MinneSOtt7 55,350 g I MEMORANDUM • TO: Gary Plotz, City Administrator FROM: Steve Madson, Chief of Polio DATE: November 4, 1991 RE: Liquor Application This department has received a request for investigation into the application for an on sale intoxicating liquor license as well as a non - intoxicating liquor license in the name of Mark and Julie Gaarder of Darwin, Minnesota. The thrust of the investigation into this license application was directed toward criminal activity, personal knowledge of the individuals involved and prior work performance. The investigation by the Hutchinson Police Department revealed no criminal activities on either subjects part and no derogatory information regarding any personal references or information about . personal character. Prior work performance indicates that Mark Gaarder is the past commander of the engineer unit of the Minnesota National Guard stationed in Hutchinson. Additionally, Hark Gaarder is the owner of the Subway sandwich shop in Litchfield, Minnesota, and also works at Hutchinson Technology. This department does have a major concern regarding the applications which have been presented. On both applications the name " Pappa Vern's" appears as a possible location. I would like to point out that Pappa Vern's is located next to the Dry Dock and as a result of this, this department would be strongly opposed to the granting of any license which will provide an influx of alcohol into the complex where the Dry Dock is located. As you are aware, the bowling alley currently has a non - intoxicating liquor license as well as a set up license. I believe that any further influx of alcohol into this location would be greatly detrimental to the thrust of the youth center program. If this application is approved, I would recommend that the location of the Dry Dock be moved to a location where no alcohol is present. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me at your earliest convenience. /lkg 91 -02 -0022 9 -E, RESOLUTION ESTABLISHING CERTAIN CHANGES TO TRAFFIC CONTROL DEVICES AND PARKING Resolution No. QAnn WHEREAS, the City Council of the City of Hutchinson has determined a need to provide for the safe passage of vehicles within the City and; WHEREAS, the existing layout at the north intersection of 1st Avenue SW and the alley between Main Street and Franklin Street creates a dangerous condition for turning semi - trailer traffic, north bound into the alley from 1st Avenue SW due to lack of required turning radius; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the parking stall on the northeast corner of the intersection shall be removed and now be a no parking area. Also the City shall relocate the "One -Way" sign at the intersection to the east to allow for safe movement of semi - trailer traffic from 1st Avenue SE into the alley. Adopted by the City Council of the City of Hutchinson, Minnesota on this 12th day of November, 1991. Mayor City Administrator r� LJ 9/7 October 8, 1991 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARR PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 PAX (612) 587 -4096 RESIDENT ATTORNEY O. BAR ANDERSON 7 1 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Hutchinson Sign Our File No. 3188 -90174 Dear Gary: OF CODNSEL CHARLES R. CARMICHAEL WILLIAM W. CAMERON 5801 CEDAR LASE ROAD MINNEAPOLIS. MINNESOTA 55 (612) 545-9000 MN TOLL FREE aoo- 343 -4545 PAX (6m) 545-1793 501 SOUTH MI HTH STREET PRINCETON, MINNESOTA 55371 (612)389-2214 PAX (612) 389 - 5506 n • ,Tj � * I I am enclosing herewith an agreement relative to placement of a • sign on Independent School District property. I believe the agreement is self - explanatory and is similar to, if not identical with, the agreements previously approved by the Hutchinson City Council. Also enclosed are copies of my correspondence to Larry MCR and / Marshall Bowers. I believe it will be necessary for the City of Hutchinson to accept the donation of the signs and to agree to maintain them. Please do not hesitate to contact connection with the foregoing. Thank you. Very truly�rs) =_T1 • G. Bafry Anderson GBA:lm Enclosure CC Don Erickson me if you have any questions in * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION " AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B. ARNOLD • OARY D. xcDoNau STEVEN A. ANDERSON O. BARRY ANDERSON• STEVEN S. HOOE LAURA E. PRETLAND DAVID A. BRUROOEMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD o. MCOEE TIMOTHY W. PAPINSHI October 8, 1991 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARR PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 PAX (612) 587 -4096 RESIDENT ATTORNEY O. BAR ANDERSON 7 1 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Hutchinson Sign Our File No. 3188 -90174 Dear Gary: OF CODNSEL CHARLES R. CARMICHAEL WILLIAM W. CAMERON 5801 CEDAR LASE ROAD MINNEAPOLIS. MINNESOTA 55 (612) 545-9000 MN TOLL FREE aoo- 343 -4545 PAX (6m) 545-1793 501 SOUTH MI HTH STREET PRINCETON, MINNESOTA 55371 (612)389-2214 PAX (612) 389 - 5506 n • ,Tj � * I I am enclosing herewith an agreement relative to placement of a • sign on Independent School District property. I believe the agreement is self - explanatory and is similar to, if not identical with, the agreements previously approved by the Hutchinson City Council. Also enclosed are copies of my correspondence to Larry MCR and / Marshall Bowers. I believe it will be necessary for the City of Hutchinson to accept the donation of the signs and to agree to maintain them. Please do not hesitate to contact connection with the foregoing. Thank you. Very truly�rs) =_T1 • G. Bafry Anderson GBA:lm Enclosure CC Don Erickson me if you have any questions in * CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION " AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION DAVID B. ARNOLD GARY D. XI DOWELL STEVEN A. ANDERSON O. HARRY ANDERSON' STEVEN S. ROOK LAURA K. FRETLAND DAVID A. BRUEDOEMA.YN PAUL D. DOVE JOSEPH M. PAIRMENT JAMES UTLEY JUL" A. CHRISTIANS RICHARD O.. cGEE TIMOTHY W. PAFINSKI 1] • October 8, 1991 A13NOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350-2563 (612)587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. Marshall Bowers Principal Maplewood Academy 700 Main Street North Hutchinson, Mn. 55350 Mr. Richard Lennes President Hutchinson Technical College 2 Century Avenue Hutchinson, Mn. 55350 Re: Hutchinson Sign Our File No. 3188 -90174 Dear Mr. Bowers and Mr. Lennes: OF COVNSML CHARLES R. CARMICHAEL' WILLIAM W. CAMERON Seal CEDAR LASE ROAD MINNEAPOLIS. MINNESOTA 53416 (612) 343 -9000 MN TOLL FREE 900 -343 -4343 FAX (612) 345-1793 301 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389- 2214 FAX (612) 389 -3506 This office represents the City of Hutchinson and we have asked to prepare an agreement allowing for the placement and maintenance of certain signs, one of which is proposed for your property. Thank you for your generosity and willingness to cooperate with this request. In connection with my preparation of the agreement, it would be helpful if you could give me the legal description of your property (a copy of a prior deed or a quick peek at your abstract of title should be sufficient), along with the legal description of the area in which the sign is to be located. If there is any question on this issue, I would appreciate it if you would contact Don Erickson and he will see that our office gets the proper instructions. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION Mr. Richard Lennes Mr. Marshall Bowers October 8, 1991 Page 2 Once again, thank you for your cooperation and assistance. Best personal regards. Very truly yours, ARNOLD & ELL G. Barry erson GBA:lm CC Gary Plotz Don Erickson 0 THIS AGREEMENT is made this _ day of , 1991, by and between Independent School District No. 423, a Minnesota municipal corporation and the City of Hutchinson, a Minnesota municipal corporation. RECITALS: 1. Independent School District No. 423 (ISD) is the owner of certain property located adjacent to State Highway No. 15 South, Hutchinson, Minnesota, as is more particularly described on attached Exhibit " A " which is incorporated as if fully set out herein. 2. The City of Hutchinson, a municipal corporation (Hutchinson), desires to place a sign on property owned by ISD. • 3. ISD, subject to the terms of this agreement, is willing to allow the placement of the sign. NOW THEREFORE IT IS AGREED BY AND BETWEEN THE PARTIES: 1. The City of Hutchinson may place a sign with approximately the same dimensions and appearance as set forth in attached Exhibit "B" incorporated as if fully set out in this agreement. 2. The sign shall be located on the following described property: See Attached Exhibit "A" which is incorporated herein as if fully set out. 3. It is understood that ISD may terminate this agreement at any time upon thirty days written notice to the City of Hutchinson at 37 Washington Avenue West, Hutchinson, Mn. 55350. Hutchinson • shall remove the sign within thirty (30) days after receipt of the 9 -c-� notice, or as soon thereafter as is permitted by weather conditions, and to repair the ground surrounding the sign. It is understood that ground repair will occur only as soon as weather conditions permit. 4. Hutchinson agrees to hold ISD harmless from any liability associated with the sign. 5. Hutchinson agrees to maintain the sign and the property described in paragraph 2 of this agreement. Dated: INDEPENDENT SCHOOL DISTRICT NO. 423 Dated: By: CITY OF HUTCHINSON Attest: By: 0 Paul Ackland, Mayor Gary D. Plotz, City Administrator STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) On this day of 1991, personally appeared before me a Notary Public, Paul Ackland, Mayor of the City of Hutchinson, who acknowledged that he executed the above on behalf of the City of Hutchinson, a Municipal corporation as the free act and deed of said Municipal corporation. Notary Public • • STATE OF MINNESOTA) SS. COUNTY OF MCLEOD ) Notary Public This Document Drafted By: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X 0 11 On this day of 1991, personally appeared before me a Notary Public, who is the , of Independent School District No. 423 and acknowledged that he executed the above on behalf of the Municipal corporation as the free act and deed of said corporation. Notary Public This Document Drafted By: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X 0 11 AGREEMENT OF PURCHASE i SALE • THIS AGREEMENT, made and entered into this day of November, 1991, by and between Farmers Elevator Association (hereinafter referred to as "Seller ") and the City of Hutchinson, a Minnesota municipal corporation (hereinafter referred to as "Purchasers "). RECITALS: A. Seller is the owner of a building and personal property (the "Property ") located at First Avenue N.E. and Adams Street, Hutchinson, Minnesota, legally described as follows: B. Seller operates an elevator and mill facility on the property under the name of Farmer's Elevator Association; together with a (collectively the "Business "). C. Seller owns personal property including her inventory, trade and business fixtures, and miscellaneous personal property in connection with the Business. D. Seller desires to sell and Purchasers desire to purchase the Property all on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Agreement of Purchase and Sale The Seller agrees to sell • and the Purchasers agree to purchase on the closing date hereinafter specified the following business assets: -1- ?-//, A. The building and Seller's interest, if any, in the is following described real estate located at First Avenue N.E. and Adams Street, Hutchinson, Minnesota, legally described as follows: The building shall be conveyed AS IS without warranties either express or implied. B. All trade and business fixtures, and equipment, located in the premises at First Avenue N.E. and Adams Street, Hutchinson, Minnesota. C. Seller may retain the items of personal property and fixtures listed on Exhibit " A " incorporated as if fully set out; any items not so listed shall stay with the building and title should pass to the Buyer at closing. 2. Purchase Price Seller agrees to sell and Purchasers agree to purchase the Property, Inventory, personal property and miscellaneous assets for a total purchase price of Eighty Five Thousand and no /100 Dollars ($85,000.00) which price shall be allocated as follows: A. Building $ B. Land $ C. Personal property $ D. Furniture & Fixtures $ E. Miscellaneous assets $ Total Purchase Price: $ Seller and Purchasers agree that the aforementioned allocation shall be binding upon each other for state and federal income tax purposes. 3. Payment of Purchase Price The purchase price, as • determined above, shall be paid in the following manner: -2- • $ 500.00 as earnest money upon the execution of this of this Agreement by Seller and Purchasers; $ 9,500.00 cash, on the date of closing, and $75,000.00 with interest thereon at the rate of 8% per annum by an installment purchase agreement payable in installments as follows: $10,000.00 on January 15, 1992 plus interest; $30,000.00 on March 15, 1992 plus interest; $35,000.00 on May 1, 1992 plus interest. Interest shall commence on the date of closing. 4. Date of Closing The closing will be held at the office of Arnold & McDowell, 101 Park Place, Hutchinson, Minnesota 55350 on or before December 23, 1991. 5. Business Pending Closing Seller will not acquire or dispose of assets between the date hereof and the closing date, except in the ordinary course of Business and as may be necessary to continue the operation of the Business on its present basis. 6. Risk of Ownership and Adiustment of Purchase Price The risk of ownership of the Property which is the subject of this Agreement will pass to the Purchasers upon the transfer of said Property whenever accomplished and Purchasers shall not be liable for any damage or injury to or for loss of any said Property prior to such date. 7. Documents to be Delivered at Closing A. Installment Purchase Agreement by and between Seller and Purchasers incorporating the relevant terms of this Purchase Agreement. B. Bill of Sale for all Inventory, personal • property which is part of the purchase and sale contemplated hereby free and clear of any claim or encumbrance of whatsoever kind and nature. -3- C. A standard form Seller's Affidavit. D. A standard form Well Disclosure Agreement. • E. A warranty deed to that portion of the real estate shown on Exhibit "B" and a quit claim deed to the balance of the real estate described in paragraph " A " of this Agreement. F. A certificate of real estate value. 8. Representations and Warranties Seller represents and warrants in addition to the representations and warranties hereinabove set forth: A. Seller has good and marketable title to all property of every kind, to be sold and trans- ferred to Purchasers under the terms of this Agreement, and the same is free and clear of any liens and encumbrances whatsoever. B. Seller is in compliance with all building, zoning laws and ordinances, and environmental regulations and statutes. C. Seller will not be a party to any contract or agreement which concerns the assets to be transferred hereunder except as set forth herein. D. Seller has power and authority to make and carry out this Agreement and there shall be no contractual or other restrictions to or upon Seller's power to enter into and carry out this Agreement. The representations of Seller described herein shall survive the closing. 9. Payment of Real Estate Taxes Real estate taxes and installments of special assessments due in 1991 and prior years shall be the responsibility of Seller. The Purchasers shall pay the real estate taxes due and payable in the year 1992 and any unpaid installments of special assessments payable therewith and • thereafter. aM • 10. Date of Possession possession not later than Unless otherwise specified this Sale shall be closed on or before December 23, 1992. The Seller agrees to deliver 11. No Agents Seller and Purchasers warrant to the other • that no one claiming under them is entitled to a real estate commission by reason of this Agreement of Purchase & Sale. Each agrees to indemnify the other from any claims of real estate commissions incurred by reason of their acts in regards to this Agreement. 12. Continued Occupancy. Seller may continue to occupy and use the premises for its elevator business until the date of occupancy by Buyer unless otherwise agreed by and between the parties in writing. Seller shall continue to insure the property for liability and environmental claims until the date of occupancy in an amount and form reasonably satisfactory to Buyer. Seller shall make no change in use of the property. Seller shall indemnify Buyer from any claims arising out of the use of the property prior to date of occupancy, including but not limited to liability, pollution, environmental and mechanic's lien claims. 13. Buyer's Contingencies. The obligations of Buyer are subject to the following contingencies, the satisfaction of each of which is a material condition precedent to the obligations of Buyer: A. An environmental survey and assessment must demonstrate that the Property is free of any and all hazardous or toxic substances, material or waste. The term "hazardous or toxic substances, material or waste" means any substance that is toxic, ignitable, explosive, reactive or corrosive or otherwise defined as hazardous and that is regulated by the City of Hutchinson, the County of McLeod, the State of Minnesota, or the United States -5- government and that exceeds the levels of regulatory tolerance including but not limited to substances regulated by or under the Federal Water Pollution control Act (33 U.S.C. §1321 et seq.), the Federal Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Resource Conservation and Recovery Act (42 U.S. C. §6901 et seq.) , the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601 et seq.), the Toxic Substance Control Act (15 U.S.C. §2601 et seq.), or under the Solid Waste Disposal Act (42 U.S.C. §6991 et seq.), petroleum or its derivatives and products, asbestos or polycholorinated biphenyls (PCBs) . The Seller hereby grants the Buyer, its successors and assigns and their agents and employees, permission to enter upon the Property to conduct an environmental survey and assessment. The Buyer agrees to save, indemnify and hold harmless the Seller from and against all costs, expenses, damages or liabilities arising out of or in connection with the conduct of an environmental survey and assessment (other than costs, expenses, damages or liabilities for investigation, remediation, removal or cleanup of conditions encountered during the environmental survey and assessment). B. Satisfactory proof of ownership of the assets to be sold under this agreement including appropriate U.C.C. searches which Seller shall provide at Seller's expense. C. An enforceable purchase agreement or option by and between Buyer and Dakota Rail, Inc. for the underlying real estate. This contingency shall be deemed waived if not availed of by the City by December 1, 1991. If any contingency is availed of by the Buyer, the earnest money shall be promptly refunded to Buyer and this Agreement shall be null and void and of no further force and effect between Buyer and Seller. 14. Demolition. Seller shall keep the structure in a habitable and secure condition at all times. Any property removed shall be done in a safe and secure manner and shall not be due in such a fashion so as to leave a dangerous, unsightly or unsafe site. 15. Title Matters. The Seller shall, within a reasonable time after approval of this Agreement, furnish an Abstract of Title certified to date (or a Certificate of Title on Registered Property • Abstract) both also to include proper searches covering G-M • bankruptcies, state and federal judgments and liens, as to the property shown on Exhibit "B." The Purchasers shall be allowed ten (10) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, the Seller shall be allowed one hundred twenty (120) days to make such title marketable. Pending correction of title, the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice, the Purchasers shall perform this Agreement according to its terms. If said title is not marketable and is not made so within one hundred twenty (120) days from the date of written objections thereto as above provided, this Agreement shall be void, and neither principal shall be liable for damages hereunder to the other principal and all money theretofore paid by the Purchasers shall be refunded; but if the title to said Property be found marketable, or be so made within said time and said Purchasers shall default in any of the agreements and continue in default for a period of ten (10) days, then and in that case the Seller may terminate this Agreement, and on such termination all the payments made upon this Contract shall be retained by said Seller, as their respective interests may appear, as liquidated damages, time being of the essence hereof; but this provision shall not deprive either party of the right of enforcing the specific performance of this Agreement provided such agreement shall not be terminated as aforesaid, and provided action to enforce specific performance shall be commenced within six (6) • months after such right of action shall arise. 15. Miscellaneous. -7- A. ' Execution by All Parties in Counterparts This Agreement shall not become effective and binding until executed by • all parties. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall constitute a single instrument, and the signature of any party to any counterpart shall be deemed a signature to and may be appended to any other counterpart. B. Notice. All notices, demands and /or consents provided for in this Agreement shall be in writing and shall be deemed given when delivered to the parties hereto by hand or by United States registered or certified mail, return receipt requested, with postage prepaid. All such notices and communications shall be deemed to have been served on the date when mailed. All notices and communications shall be addressed to the parties hereto at the respective addresses set forth below: 1. If to Buyer: City of Hutchinson 37 Washington Avenue West Hutchinson, Mn. 55350 Attention: Paul Ackland, Mayor With a Copy to: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Mn. 55350 If to Seller: Farmers Elevator Association Arch Street Hutchinson, Mn. 55350 C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. D. Cooperation. Each of the parties agrees to cooperate with the other in effecting the purposes of this Agreement. E. Assignment. Seller shall not assign this Agreement or any of the rights or obligations hereunder without obtaining the prior written consent of the Buyer. F. Successors and Assigns. This Agreement shall apply to, inure to the benefit of, and be binding upon and enforceable against the parties hereto and their respective successors and assigns. G. Paragraph Headings. The headings inserted at the • beginning of each paragraph are for convenience of reference only and shall not limit or otherwise affect or be used in the construction of any of the terms or provisions hereof. M:C • H. Non - Merger. Any provision in this Agreement which has not been performed prior to closing shall not be deemed to have merged into the deed delivered at closing but shall, unless expressly waived in writing, survive such closing and be in full force and effect until performed. Entire Agreement. This Agreement contains all of the agreements, terms, covenants, conditions, warranties, and representations made or entered into by and between the parties, and supersedes all prior discussions and agreements, whether written or oral, between the parties and constitutes the sole and entire agreement between the parties with respect thereto. This Agreement may not be modified or amended unless such modification or amendment is set forth in writing and executed by all parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed the day and year first above written. FARMERS ELEVATOR ASSOCIATION 0 By: `4 CITY OF HUTCHINSON By: I By: 1 J STATE OF MINNESOTA) ) SS. COUNTY OF McLEOD ) Mayor Its City Administrator On this _ day of November, 1991, personally came before me the of FARMERS ELEVATOR ASSOCIATION, an association duly organized and existing under and by virtue of the laws of the State of Minnesota and to me known to be the person who executed the foregoing instrument, and to me known to be such of the association and acknowledged that he executed the foregoing instrument as such officer as the act of said association, by its authority. Notary Public STATE OF MINNESOTA) ) SS. • COUNTY OF McLEOD ) On this day of November, 1991, personally came before me Paul L. Ackland, Mayor and Gary D. Plotz, City Administrator of the CITY OF HUTCHINSON, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Minnesota, and to me known to be the persons who executed the foregoing instrument and to me known to be such Mayor and City Administrator of the municipal corporation and acknowledged that they executed the foregoing instrument as such officers as the act of said municipal corporation, by its authority. Notary Public_ • • -10- EXHIBIT "A" • 3 Feed Mixers 1 Distributors in head house 1 Hopper scale 1 20 Ton platform scale 1 Roller mill 2 Grain legs in elevator 2 Distributors in feed mill 1 Hammer Mill 5 Steel bulk bins & auger 1 Air compressor 1 Mosasses pump & motor 2 Feed legs in feed mill • 1 Shanzer grain dryer 1 Outside grain leg 0 C November 6, 1991 MEMO TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: 1991 A UDITORS We have received a quote from'Charles Bailly & Co. our present audit firm for 1991 year end work. A staff change has occurred with Larry Jacobsen leaving the firm, and was the person with on site responsibility of the audit. Richard Siewert, a partner with Charles Bailly, will be doing oversight of the audit. The proposal is for 1991 audit a not to exceed $18,000, plus out of Pocket expenses. There would be reduction in the fees if more of • the work would be completed by City Staff. While some field work would be done prior to year end the majority of work will commence after April 15, 1992. Charles Bailly, has been a good audit firm. Because the number of grants and special programs Hutchinson has it is important to have auditors who are familiar with government auditing. It would be requested to have Charles Bailly named as our auditors for 1991 year end. • 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 -2292 Hutchinson, Minnesota 55350 9 _, - Printed on recycled paper - / 0 11 League or Minnesota Cities 183 University Avenue East St Pant, MN 55101 October 29, 1991 TO: Manager; FROM: Donald A. Slater, Executive Direct RE: Pay Equity Rules H y es: tf1 The Department of Employee Relations has proposed rules to evaluate cities' compliance with the state's pay equity statute. While certain aspects of the proposed rule benefit cities, other features of the rule will make it more difficult for cities and other local units of government to achieve compliance. Additionally, other proposed rules benefit some cities while disadvantaging other cities. Consequently, it is extremely important for each individual city official to review the proposal and provide continents on bow it will affect your city. One of y rsmgining opportunities to change the proposed rules will be at a bearin November 14th before administrative law judge Allen E. Giles. The bearing will be held in oom ,ground floor, State Office Building 435 Park Street, St. Paul, at 9:00 a m and will continue until all interested people have the chance to participate. You maY�sent "Yo vi e n or in writing before the hearing or up to five working days afte the hearing. Mail written wmmenu to E. GoesI O tIf be " Adlrrintstranve eann Sgs 0 our Exchange Building, 310 Fourth Ave. So., Minneapolis, MN 55415. You may direct questions about the hearing procedures to Mr. Giles at the above address or call (612) 349 -2543. The proposed rules govern the procedures the Department of Employee Relations will use to determine compliance with the local government pay equity act. The rules do the following: Define terms, including which employee positions must be reported; Specify the process for determining which jurisdictions are responsible for which employees; ° Identify information which local governments must include in reports they submit • to the department, including benefits paid to employees if not equally available; = OVER = TO: Managers and Clerks Page 2 October 29, 1991 Specify a statistical analysis test, an alternative analysis test, and other tests 'jurisdictions must pass in order to be found in compliance with the pay equity law; ° Require notification to employees of the report submission and compliance decision; ° Specify the procedures for requesting and consideration reconsideration of the department's decision and appeals from final department decisions; Provide procedures for enforcing penalties for noncompliance; and ° Specify procedures for maintaining pay equity, including reporting every three years. A more detailed analysis of the rule's primary features is enclosed. We have also enclosed a copy of the rules as well as the agency-prepared statement of need and reasonableness which provides the agency explanation for a particular rule provision. E The League urges all cities to participate in the rule hearing process, either by appearing and providing testimony or by submitting written comments regarding the rule, preferably • both. The League is attempting to coordinate and assist cities' responses to the rule. Please contact Joel Jamnik at the League if you have any questions. DAS:mjd Encs. 0 • 183 University Ave. East St. Paul, MN 55101.2526 League of Minnesota Cities ( 612) 227.5600 (FAX: 221.0986) SUMMARY OF PROPOSED RULES I. Introduction The rules establish some new and administratively burdensome requirements for local governments. Other rule provisions are consistent with long -held agency positions and local government management systems. Some new provisions of the rules will result in more cities being found in compliance while others will work to the disadvantage of some cities. It is impossible to predict the full impact of many of the proposals except that most of them make it more difficult, if not impossible, for jurisdictions to predict or determine, in advance of a DOER determination, whether they are in or out of compliance. The following summary focuses on the major elements of the rule. The Statement of Need and Reasonableness (SONAR) contains a part-by -part discussion of DOER's rationale for the rule. 0 N� • II. Jurisdiction Determination A The Rules reference existing statutory definitions to help determine who the employer is for pay equity purposes, thus hopefully promoting consistent determinations. The Public Employment Labor Relations Act (PELRA) definition, with particular focus on final budget setting authority, is the key for determining responsibility for pay equity compliance and reporting requirements (see rule 3920.0100, subp. 9, 3920.0200). 7D (J) Potential problems remain with joint powers boards and enterprise functions such as utilities, hospitals, nursing homes, and libraries, although local governments remain free to restructure the intergovernmental relationships. Cities that did not include hospital, nursing home, or library employees where DOER determines they should have been included, will be found "out of compliance" under a test for inaccurate, incomplete reports. C. The League recommends each city evaluate their situation and determine how they want their operations to be viewed and then act accordingly. Officials should consider other elements such as liability, various insurance issues, and administrative /management concerns that will be affected by jurisdiction determinations. 9Xl __�lte ir e feels that, in most cases, it would be more reasonable to us e "authori to set salaries" the basis for determining who the employer is for pay equity purposes. III. Employees Covered A- The rules again reference PELRA for employee determinations. This is probably the only reasonable construction given the lack of a clear statutory definition in the pay equity law, and is consistent with long - standing interpretations. (� The definition includes all art -time emplayres, working more than ' 7A�� fourteen r week and all seasonal or temporary em to me s w ose post exist and are filled for more than 67 days in a year 1 days if students). Adopting this definition will force additional administrative an budgetary expenses for those iurisdictions which ott1Y evaluated full-time positions, previopsly. C. The inclusion of these part-time and seasonal employees will help �ome cities and hurt others, depending on the gender dominance and pay rate of the class. For example, adding part-time peace officers meeting the above definition, who are ranked similarly to full -time peace officers but paid at a different rate, may tend to lower the male line and may result in compliance or lower costs to reach compliance. O D Inclusion Inclusion of part-time, seasonal, and temporary employees, however, will necessitate more detailed analyses of benefits, since most part- timers do not receive th same health be nefits as do full -time employees (more on this issue in the next section).* IV. What Must be Reported A. The rules substantially expand the reporting requirements compared to previous compliance reports. New or expanded reporting requirements include benefit information nonsalary compensation such as longevity, performance, salary range length, bonuses, and lump sum payments. B. The rules define these terms. Compliance or noncompliance may depend on how a city interprets or characterizes its payments to its employees. For instance, a merit increase awarded to a single incumbent class may be viewed either as a performance payment or as a bonus, each of which is reported differently. While confusing, this gap creates an opportunity for local officials. It also can serve as a trap for the unwary. O Certain benefits need to be reported, in addition to salary, if the benefits being provided "disadvantage" female classes of employees. There is continuing confusion over w is ene is must be reported; the rules specify only insurance programs, while DOER has stated even a further focus only on health insurance (not life, disability, etc.). Because many part -time employees do not receive health benefits, • 2 there will be greater administrative difficulty in filling out a benefits analysis report and including the employer contributions into the compensation analysis. In addition, the analysis is to be segmented by "comparable worth value" as DOER Mines it (i.e. within a window based on job evaluation points from 10 below to 10% above the class being analyzed). D. Information on classes which exist, but are vacant as of December 31, 1991, will be required. • Information on abolished classes will not be required. ni fr E. Both compensation rates for classes with two-tier wages will have to be reported, not just the stew, lower rate. They will be treated as separate classes in the analysis. Part-time seasonaiLtemporary positions will have to be reported as full- time a mvalents so that vah compansons can ma e. ployees with establ sTied" work sc es M more th ours er week are more difficult to adjust downward. Fir these classes, sties shout ao urT�rate�s in order to ensure monthly rates are all based on the same number of hours:, 7 -- G. Employers must also provide notice, information, and codes of reports to its employees and unions. H. Cities without salary ranges are required to notify the department if length of service or performance information is available to help explain nongender -based reasons for differences in compensation. I. Total payroll is again requested so the department can provide to the legislature an estimated cost of rnmnliance based on a percentage of payroll. V. Compliance Review y " t"''1 41 „ ♦ ° "a -rn.:ti `°'r 6 �w �Q .,y, A The rules propose three separate but related processes for the initial ' �` `U r compliance review, depending on the number of male classes in a jurisdiction and the 1 - existence, or lack of, salary ranges for positions. P j 1) Jurisdictions with three or fewer male. classes and jurisdictions with �" l no salary ranges for M of their classes, are viewed by the more subjective alternative analysis method, which still is commonly referred to as the "eyeball method' Criteria for this method have been added. 2) Jurisdictions with four or five male classes and jurisdictions with salary , ranges for one or more of objeb their classes, are first examined with the statistical model and then, if they fail the model, are reviewed using the eyeball method L _J 3 3) Jurisdictions with six or more male classes and with salary ranges for o ne o e of their job classes, are examined only by the statistical analysis or • computer model. For cities with only a few job classes with salary ranges, highest actual salaries will be compared with salary range maximums, even where the employee in a single incumbent class has just been hired. In these cases, length of service and pertormance differences will be ignored as the statistical model does not take these nongender -based factors into account. This will likely result in some cities failing the statistical model for nongender -based reasons. VI. The Tests A. The tests, either the statistical analysis (3920.0500) or alternative analysis (3920.0600) can only be explained by a full examination of the Rule and the SONAR. Please read these sections carefully. Of particular interest is the SONAR explanation of why male classes are weighted in the statistical analysis (female classes are not weighted) and the years of service and performance tests in the alternative analysis. B. Other tests described in 3920.0700 must also be met by all jurisdictions. The most administratively burdensome tests are the benefit test and salary range test. These tests will have little or no statistical significance for smaller jurisdictions yet may result in a noncompliance determination. The salary range test compares the years to maximum for male and female classes and allows no more than a 20% disadvantage to female classes. In other words, if it takes longer fop4emWE 44 reach the maximum of the range than male classes more than 20% of the timeAe City is out of compliance with the Act. Similar tests are required to rMM - MIth insurance and exceptional service pay, the latter of which is defined to be either performance or longevity pay. VII. Reconsideration A. A jurisdiction which fails either the statistical or alternative analysis test, or any of the other tests applied to all jurisdictions, may request DOER to "reconsider" the initial compliance determination. Procedures for this are specified in 3720.0900, and most significant is that the city will have the burden of proof to demonstrate to the department that the compliance determination was incorrect or that the time allowed for compliance should be extended. B. Significant and positive evidence to show that DOER's initial determination is incorrect includes demonstrations that compensation inequities are not gender related. Other evidence includes recruitment or retention difficulties, recent arbitration awards inconsistent with equitable compensation, and constraints faced by cities. Compliance findings and more time for compliance are possible outcomes. 0 4 VIII. Appeals A. Jurisdictions still not satisfied following a DOER reconsideration may appeal to an administrative law judge under a contested -case hearing procedure. B. Penalties will eventually be imposed when appeals are exhausted. IX. Maintaining Pay Equity A. The rules propose that after the 1991 reporting period, DOER must establish a schedule for future reporting, providing that approximately one -third of all jurisdictions must report each year beginning in 1994. X. Conclusion Again, it is impossible to predict the exact impact these rules will have on all cities. There are components of the rule that do not seem reasonable and other components that seem excessively burdensome. Please read the rules carefully to determine the impact on your City and put your concerns in writing. All written concerns should be specific should include reasons why a rule is not neede d is unreasonable, and should propose alternative language. Written comments should be sent to the Office of Administrative Hearings. • The deadline for receipt of comments in their ve working days after the Close of the hearing. The hearing is scheduled f ovember 14th. a encourage cities to attend the hearing and present oral testimony on any and a concerns. If you would like assistance in preparing testimony, please contact Joel Jamnik at the League office. • 0 EXHIBIT A - FEE CHANGES NOVEMBER 8, 1991 Short Term Non - Intoxicating Liquor License Liquor Investigation Fee Gambling License Bingo License Gambling - Short term license Gambling License Investigation Cigarette License Animal Impound Fee Animal License Late Fee Alarm Monitoring Fee (per Month) Drivers License Verification Fees . Motor Vehicle License Verification Fees Unlock Car Door Fees Vehicle Storage Fee (per day) Canine Unit Fees (per hour) Building permit fees (Attached) E FEE 50.00 500.00 100.00 100.00 25.00 100.00 50.00 25.00 5.00 5.00 25.00 2.00 2.00 25.00 3.00 50.00 9- L. C M E M 0 DATE: November 6, 1991 TO: Mayor h City Council FROM: James G. Marks, Building Official RE: Proposed Fee Schedule Changes As directed the following proposed fee increases are proposed for your consideration: TOTAL VALUATION FEE $1.00 to $500.00 $15.00 $501.00 TO $2,000.00 $15.00 for the first $500.00 plus $2.00 for each additional $100.00 or fraction thereof, . to and including $2,000.00 $2,001.00 to $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $414.50 for the first $50,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $639.50 for the first $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof $500,001.00 to $1,000,000.00 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or City Hall Pr oAMArAtImpof 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- Page 2 ® November 6, 1991 Proposed Fee Schedule Changes Other Inspections and Fees 1. Inspections outside of normal business hours .......... $30.00 per hour* (minimum charge - -two hours) 2. Reinspection fees assessed under provisions of Section 305 (g)............•• •.•..••.•.• ..............$3 per hour* 3. Inspections for which no fee is specifically i ndicated .................... .........................$30.00 per hour* (minimum charge -- one -half hour) 4. Additional plan review required by changes, additions or revisions to approved plans ........................$30.00 per hour* (minimum charge -- one -half hour *Or the total hourly cost to the ,jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. As you probably remember the fee was increased in 1991 from the "82" fee schedule halfway to the "85" fee schedule. This proposed increase would bring Hutchinson to both the 11 85" and the "88" fee schedules, as they are typical. Legislation in 1992 also requires "Contractor Licensing ", which provides a $5.00 fee on the Building Permit for construction license verification. This law change is confusing at best, but I suggest we begin enforcement compliance and struggle through it. Hutchinson Utilities also blessed the Building Department this year with the "gas piping" inspections. The code does require inspection on all alterations including appliance change outs, etc. Obviously, this department is not staffed to provide near the service Hutchinson Utilities provided with two full time persons. It is my intentions to provide inspection only on new gas piping installations for a proposed fee of $100.00 per structure. I would like to discuss this matter along with the possibility of electrical code enforcement with the Council after I receive a Revenue History from the State Board of Electricity for Hutchinson. City Engineer Rodeberg and I have been discussing the possibility of licensing "Infrastructure Contractors" for sewer and water hookup and curb replacement. The council may also want to consider licensing gas pipe installers. This matter also needs further discussion and consideration. Park and Recreation Director, Dolf Moon and I also discussed alternatives to • the Public Site and Open Spaces schedule. It was also the Planning Staff's consensus that the Park Board should make a recommendation to the City Council prior to action. Page 3 November 6, 1991 Proposed Fee Schedule Changes Generally speaking, staff recommendation to the Park Board includes the following changes: 1. Revise the land percentage dedication to 10% on single family • 7. Provide language so City Council can waive these requirements, when deemed necessary to do so. Example: Schools, Economic Development, . etc. The last and final consideration is to reactivate the Building Permit fee on the downtown grant construction with exception of the signs. There are alot of changes taking place and of course more regulations to remember and attempt to enforce. I look forward to discussing these proposed changes and as always appreciate your direction and support. Another consideration is to charge plan review on minor permits which require blue prints or a site plan. This could include items such as garages, decks, and fences. A permit application with a site plan and /or a blue print could be charged. C JGM /mms • housing (R -1) 2. Revise the description to the appropriate zoning district - Example R -2 verses duplex. 3. Include commercial and industrial with multi - family - R -3 and R -4. 4. Describe "Fair Market Land Value" as either sale price or City Assessor's value prior to infrastructure. 5. Revise the payment in lieu of land dedication to directly correspond land dollar value and cash dollar value. 6. Collect fees at the time of platting - with the subdivision agreement. • 7. Provide language so City Council can waive these requirements, when deemed necessary to do so. Example: Schools, Economic Development, . etc. The last and final consideration is to reactivate the Building Permit fee on the downtown grant construction with exception of the signs. There are alot of changes taking place and of course more regulations to remember and attempt to enforce. I look forward to discussing these proposed changes and as always appreciate your direction and support. Another consideration is to charge plan review on minor permits which require blue prints or a site plan. This could include items such as garages, decks, and fences. A permit application with a site plan and /or a blue print could be charged. C JGM /mms • PROPOSED LIQUOR FEES E 0 RETAIL LICENSE FEES M.S. 340A.408 Subdivision 1 Non - Intoxicating Malt Liquor (On & Off Sale) $ 400.00 Subdivision 2 A.) Intoxicating Liquor On -Sale 3000.00 B. Club On -Sale under 200 members 300.00 201 -500 members 500.00 501 -1000 members 650.00 1001 -2000 members 800.00 2001 -4000 members 1000.00 4001 -6000 members 2000.00 over 6000 members 3000.00 C.) Wine 1500.00 RETAIL LICENSE FEES M.S. 340A.414 Sub.6 Bottle Club (set -up) 300.00 9 -xy,0 (ono_ 'C� 0 November 7, 1991 1 2 Dear Licensee: Pursuant to Minnesota Statute 340A.408, Subdivision 3a, you are hereby notified that a public hearing will be conducted by The Hutchinson City Council to review proposed increases in liquor fees. The Public Hearing will commence at 8:00 p.m., December 10, 1991. at the Hutchinson City Hall, 37 Washington Ave W. Attached hereto is a schedule of the,proposed fee increases. • Gary D. Plotz City Administrator 0 9 -mot C� ,.� 0 • • • r sr it s• � r •• it •..•.. • THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Marlow V. Priebe, a single person, owner and proprietor of the following described property, hereinafter called the "Subdivider ", and the City of Hutchinson, a Municipal Corporation in the County of McLeod, State of Minnesota, hereinafter called the "City "; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of the following described property: Lot One (1) Block Four (4), Wagner Development Corporation Plat, according to the recorded plat thereof on file and of record in the Office of the County Recorder, McLeod County, Minnesota. Subject to drainage and utility easements as shown on the plat of record. Also Lot Two (2) Block Three (3) in Wagner Development Corporation Plat, according to the recorded plat thereof on file and of record in the Office of the County Recorder, McLeod County, Minnesota. Subject to drainage and utility easements as shown on the plat of record. Also that part of Wagner Street as dedicated in said Wagner Development Corporation Plat, described as follows: Beginning at the southeast corner of said Lot 2 of Block 3; thence North 0 degrees 29 minutes 25 seconds East, along the east line of said Lot 2, a distance of 107.29 feet to the northeast corner of said Lot 2; thence North 89 degress 57 minutes 41 seconds East, along the north line of said plat, a distance of 60.00 feet to the northwest corner of said Lot 1 of Block 4; thence South 0 degrees 29 minutes 25 seconds West, along the west line of said Lot 1, a distance of 107.29 feet to the southwest corner of said Lot 1; thence South 89 degrees 57 minutes 41 seconds West, a distance of 60.00 feet to the point of beginning. Hereafter to be surveyed and platted as PRIEBE ADDITION, as recorded and on file in the Office of the County Recorder, McLeod County, Minnesota. WHEREAS, City Ordinance No. 464 and 466 require subdividers to make certain improvements in the subdivision, and; WHEREAS, the City of Hutchinson consents to replatting and the vacation of easement and rights -of -way as noted in Priebe Addition, and; WHEREAS, a Subdivision Agreement for the Wagner Development Corporation Plat was recorded on November 14, 1988 at 9:00 am at McLeod County by Carmen • Ostlie, the County Recorder, and is recorded as agreement No. 225532 in Book 112 of Misc. on page 447 -459, and; WHEREAS, Addendum No. 1 to Subdivision Agreement to the Wagner Development Corporation Plat in regards to Wagner Development Corporation Plat No. 2 was duly recorded in September of 1990, and; 9 0 SUBDIVISION AGREEMENT, ADDENDUM NO. 3 WAGNER DEVELOPMENT CORPORATION PLAT IN REGARDS TO PRIEBE ADDITION PAGE WHEREAS, Addendum No. 2 to Subdivision Agreement to the Wagner Development Corporation Plat in regards to School District Plat was duly recorded in September of 1991, and; WHEREAS, the Subdivider has replatted a portion of the Wagner Development Corporation Plat as Priebe Addition in which Lot 2 of Block 3, Lot 1 of Block 4 have been deleted and a portion of Wagner Street has been vacated in the original Wagner Development Corporation Plat, and; WHEREAS, the Wagner Development Corporation Plat Subdivision Agreement, including Addendum No. 1 and No. 2, hereinafter called the "original" Subdivision Agreements, apportions cost on a per lot basis, and: WHEREAS, two lots are being displaced as part of the replatting, and four lots are being added; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Under the "original" Subdivision Agreements, references to Lot,2 of Block 3, and Lot 1 of Block 4 shall be deleted for all future assessments. In their place it is understood and agreed that all future assessments within the original boundaries of Wagner Development Corporation Plat, and assessment splits of current assessments against the deleted lots, shall be assessed to Lots 1, 2, 3 and 4 of Priebe Addition on a per lot basis in which each lot is considered as an individual and distinct lot. 2. It is understood and agreed that all future improvements required to serve Priebe Addition with lateral sanitary sewer and services, lateral watermain and services, concrete curb and gutter, grading, gravel base, bituminous base construction and appurtanances shall be paid entirely by the Subdivider and shall be assessed on a per lot basis to lots within Priebe Addition. The Subdivider hereby requests that these improvements be made and waives his rights to public hearings and appeal. 3. It is understood and agreed that, prior to the issuance of any building permits, the Subdivider shall pay the City a Park contribution of $375.00 as noted in the Municipal Code. The contribution covers the two additional lots at $187.50 each. 4. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. 5. It is understood and agreed that it is the responsibility of the • Subdivider to record this agreement at the County Recorder's Office and furnish the City of Hutchinson with a copy of said recorded agreement and that no Building Permits will be issued until said Agreement is recorded. E SUBDIVISION AGREEMENT, ADDENDUM NO. 3 WAGNER DEVELCPNENT CORPORATICN PLAT IN REGARDS TO PRIEBE ADDITION PAGE 3 IN WITNESS THEREOF, said Marlow V. Priebe, a single person, has hereunto set his hand this _ day of 19_ Marlow V. Priebe r] 0 STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 19_, by Marlow V. Priebe, a single person. Notary Public, My Commission Expires County, Minnesota Approved by the City Council on the _ day of 19_ CITY OF HUTCHINSON Paul L. Ackland, Its Mayor Gary D. Plotz, Its City Administrator STATE OF MINNESOTA The foregoing instrument was acknowledged before COUNTY OF me this _ day of , 19_, by Paul L. Ackland, Mayor and Gary D. Plotz, City Administrator for the City of Hutchinson. Notary Public, County, Minnesota My Commission Expires THIS INSTRUMENT WAS DRAFTED BY: John Rodeberg, Director of Engineering City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Telephone: (612) 587 -5151, Ext. 208 PRIEBE R08E -s I I bE -KER'S ScC':1ND ALE T 1PF I FikS. I 1 , .i -J HGS I � HUEFT r.rxx�. xYNr »Nr .N.i, nw... l.. I ACQITMN Y. a v j (:C 6F i I n PLRK w y I 1 I V I I :o I I'tl� 1 1 I I �I t t q.... 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Y..ry Nt .4 .W tH. � 4Y of . ».. 0 SUBDIVISION AGREEMENT BETKER - S SECONIJ RDl7STS0N CITY OF HUTCHINSON, MINNESOTA THIS AGREEMENT, made and entered into the day and year set forth hereinafter, by and between Robert J. Beeler and Katherine M. Beeler, husband and wife, and Rodney D. Anderson, a single person, fee owners, and Paul Betker and Janet K. Betker, husband and wife, contract purchasers, and Marquette Bank Hutchinson, N.A. of Hutchinson, Minnesota, a United States corporation, mortgagee, hereinafter noted as the "Subdivider ", and the City of Hutchinson, a Municipal corporation in the County of McLeod, State of Minnesota, hereinafter called the "City "; WITNESSETH: WHEREAS, the Subdivider is the owner and developer of a tract of land described as follows: Beginning at the northwest corner of TOWN AND COUNTRY ESTATES, according to the recorded plat thereof, which point is 16.50 feet south of the north line of the Southeast Quarter of • Section 1, Township 116 North, Range 30 West; thence southerly, along the west line of said TOWN AND COUNTRY ESTATES and along the west line of STILLINGS HOEFT ADDITION, according to the recorded plat thereof, a distance of 669.78 feet to the southwest corner of said STILLINGS HOEFT ADDITION: thence westerly, along north line of WAGNER DEVELOPMENT CORPORATION PLAT, according to the recorded plat thereof, a distance of 331.01 feet to the east line of Lot 1 of Block 3 of said WAGNER DEVELOPMENT CORPORATION PLAT; thence northerly, along said east line and along the east line of ROBERT'S FIRST ADDITION, according to the recorded plat thereof, and along the northerly prolongation of said east line, a distance of 669.28 feet to a point 16.50 feet south of the north line of said Southwest Quarter, thence easterly, and parallel with the last said north line, a distance of 331.56 feet to the point of beginning. Said tract has been surveyed and platted as BETKER'S SECOND ADDITION, which is located in the City of Hutchinson, County of McLeod, State of Minnesota, and; WHEREAS, City Ordinance Nos. 464 and 466 require subdividers to make certain improvements in the subdivision; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: • 1. The Subdivider hereby petitions the City to construct sanitary sewer mains and service leads, watermains and service leads, lateral storm sewer, concrete curb and gutter, subgrade preparation, gravel base, bituminous base paving, bituminous pavement surfacing and all appurtenances required within and outside of the plat to 9 serve said BETKER'S SECOND ADDITION. 0 SUBDIVISION AGREEMENT BETKER'S SECOND ADDITION Page 2 2. It is understood and agreed that these improvements will include all construction within said BETKER'S SECOND ADDITION, as well as additional construction required along Roberts Road to service said subdivision. The subdivision shall be assessed for 331.56 front feet of street construction along Roberts Road. 3. It is understood and agreed that all assessments to the plat described under paragraphs 1 and 2 shall be assessed on a per lot basis, equally to each lot. 4. It is understood and agreed that the total cost of the improvements shall include City expenses which may include, but are not limited to, contracted costs, administrative and engineering costs and capitalized interest costs. 5. It is understood and agreed that the Parks and Playgrounds contribution has been fulfilled by previous . payment of $187.50 per lot for single - family homes. If other than single - family homes are constructed on any of the lots, an additional payment shall be required as outlined in the Municipal Code. 6. It is understood and agreed that, prior to award of a contract, the Subdivider shall complete the following work on the plat: - Site grading of entire plat to within 0.2 feet of plan grade. All topsoil within the street rights - of -way and utility easement construction areas shall be stripped and stockpiled on -site for use by the City in construction site restoration. - Subgrade correction, including the removal and replacement of all soils and debris unsuitable for construction, within all street rights -of -way and utility easement construction areas. - Clearing and grubbing of all trees and removal of all debris within street rights -of -way and utility easement construction areas. - Complete soil testing of the site, including a • minimum of two soil borings at locations to be determined by the City. A completed report including ground water levels, soil types encountered, and relative density of materials encountered shall be completed by an approved soil testing company and supplied to the City. 9 SUBDIVISION AGREEMENT BETKER'S SECOND ADDITION Page 3 7. It is understood and agreed that the Subdivider shall plant all disturbed areas within the plat with an approved, permanent vegetative cover for erosion control following utility and street construction. 8. It is understood and agreed that all requirements of paragraphs 6 and 7 shall be completed by the Subdivider prior to utility contract award and /or issuance of building permits, unless a written deviation is approved by the City. All costs associated with the completion of these requirements shall be the responsibility of the Subdivider. The City reserves the right to assess the cost for completion of these items to the individual lots if these requirements are not completed within 30 days of written notice to the Subdivider. 9. It is understood and agreed that all previous and deferred assessments shall be paid in full, as noted in previous agreements with the City, prior to contract award and /or issuance of any building permits. 10. This agreement shall be binding upon and extend to all heirs, representatives, assigns and successors of the parties. il. It is understood and agreed that it is the responsibility of the Subdivider to record this agreement at the County Recorder's Office, and that no building permits will be issued until a copy of the recorded agreement is on file with the City. IN WITNESS THEREOF, said Robert J. Beeler and Katherine M. Beeler have hereunto set their hands this day of , 199_ and said Rodney D. Anderson has hereunto set his hand this day of , 199_ and Paul Betker and Janet K. Betker have hereunto set their hands this day of 1991_ and Marquette Bank, N.A. has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this day of , 199_ . • Robert J. Beeler Katherine M. Beeler Rodney D. Anderson Paul Betker Janet K. Betker 9 SUBDIVISION AGREEMENT BETKER'S SECOND ADDITION Page 4 Marquette Bank Hutchinson, N.A. by its STATE OF MINNESOTA The foregoing instrument was acknowledged COUNTY OF McLEOD before me this day of , 199_ , by Robert J. Beeler and by Katherine M. Beeler, husband and wife. Notary Public, McLeod County, Minnesota My Commission expires STATE OF MINNESOTA The foregoing instrument was acknowledged COUNTY OF McLEOD before me this day of 199_ , by Rodney D. Anderson, a single person. Notary Public, McLeod County, Minnesota My Commission expires STATE OF MINNESOTA The foregoing instrument was acknowledged COUNTY OF McLEOD before me this day of , 199 , by Paul Betker and by Janet K. Betker, husband and wife. Notary Public, McLeod County, Minnesota My Commission expires STATE OF MINNESOTA The foregoing instrument was acknowledged COUNTY OF McLEOD before me this day of , 199_ , by of Marquette Bank Hutchinson, N.A. a United States corporation, on behalf of said corporation. Notary Public, McLeod County, Minnesota My Commission expires Approved by the Hutchinson City Council on the day of . 199_ . CITY OF HUTCHINSON SUBDIVISION AGREEMENT BETKER'S SECOND ADDITION Page 5 STATE OF MINNESOTA The foregoing instrument was COUNTY OF McLEOD before me this day of _ 199_ , by Paul L. Ackland, Mayor D. Plotz, City Administrator acknowledged and by Gary Notary Public, McLeod County, Minnesota My Commission expires THIS INSTRUMENT WAS DRAFTED BY: John P. Rodeberg, P.E. Director of Engineering City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 (612) 587 -5151 0 M E M O R A N D U M 0 DATE: November 7, 1991 TO: Mayor and Council FROM: John Rodeberg, Director of Engineering RE: Crow River Pedestrian Bridge Bud Daggett has expressed an interest in donating a pedestrian bridge structure to the City to cross the Crow River from the Luce Line Trail to Tartan Park in the area of the bass pond. We have been in contact with Mr. Daggett and with Barr Engineering Company in order to estimate the costs to complete this project. Mr. Daggett wishes to donate the structure itself if the City would construct the foundations and the ramp required on the south bank. Originally, Mr. Daggett was going to donate a 120' long, 4' wide, two span bridge. Upon further review by the City and Barr Engineering, it was determined that a two span bridge was unfeasible due to the cost of constructing the span foundation in the river itself and acquiring the necessary permits. Barr Engineering also noted that a 6' wide bridge is necessary in order for the bridge to be used for bicycles (walking only) or if people are standing on the bridge. Our financial contribution would be 51,500 to $2,500 for engineering costs related to the foundation, and $7,500 to $10,000 for the foundations themselves. We would also need to construct the ramp on the south side of the structure with our own personnel. Mr. Daggett has contacted the bridge company to review the costs of the various bridge options. The purchase price for the bridges are as follows: 120' x 4' two -span $10,470 100' x 4' single -span $10,989 115' x 4' single -span $12,825 115' x 6' single -span $15,175 is 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 - r e CROW RIVER PEDESTRIAN BRIDGE November 7, 1991 -Page 2 Since Mr. Daggett originally proposed the first bridge, he has budgeted just over $10,000 for the bridge. Due to the unfeasibility of a two -span bridge, he feels that he can budget the additional cost of the 115' x 4' single -span bridge. Since a 6' wide bridge is felt to be needed by the Park Department to service bikes and provide benefits to other trail users, the Park Department proposes to pay the difference between the 4' wide and 6' wide bridge. The Park and Recreation budget for 1992 currently includes $10,000 to complete the City share of this work. TOTAL ESTIMATED COST TO CITY: Bridge foundation and ramp Engineering $1,500 - $2,500 Foundation construction $7,500 -$10,000 Additional cost for 6' wide bridge $2,350 Cost to place bridge on foundations ? Ramp construction NA TOTAL S11,350 -$14,850 • Since the typical cost of a similar structure, if it were bid out by the City, would run approximately three times this cost, we highly recommend that the City pursue construction of the Crow River Pedestrian Bridge. C� 0 • Barr Engineenng Company 8300 Norman Center Drive Minneapolis, MN 55437 -1026 Phone: (612) 832 -2600 Fax: (612) 835 -0186 Mr. John P. Rodeberg Director of Engineering City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Re: Pedestrian Bridge Dear Mr. Rodeberg: November 5, 1991 In reviewing the information you have provided, we have come up with a preliminary estimate of the range of costs for the proposed pedestrian bridge abutments. The following assumptions were made in developing the cost estimate: Nominal bridge length Nominal bridge width Top elevation of abutments (based on 100 yr. flood el.) Bridge profile as provided by City of Hutchinson (sketch of profile attached) 115 ft., single span 6 ft. 1039.5 ft. Estimated cost for abutment construction is between $7,000 and $10,000. Much of the cost variability is based on unknown foundation characteristics; primarily soil type and bearing capacity. A poor bearing capacity soil may necessitate timber piles to provide sufficient bearing capacity, which would bring the costs near the upper end of the range. A spread or floating concrete foundation may be utilized on better foundation material, requiring only minimal foundation preparation, and with costs near the lower end of the range. Other costs that may be associated with the installation of the bridge include the cost of the bridge itself, transportation of the bridge to the site, foundation engineering and design, soil borings (if necessary), and bridge erection costs. If no soil boring information is available for the near vicinity of the bridge site, it is recommended that borings be performed to classify the soil and get a better estimate of the soil bearing characteristics. 11 Mr. John P. Rodeberg November 5, 1991 Page 2 Estimated engineering costs for abutment design is approximately $1,500. • A more detailed scope of work, which would include assisting with design and alignment of an earthen ramp, was outlined in our letter date August 2, 1991. The estimated cost for this work was $2,500. While the bridge characteristics defined in that letter are slightly different, the scope of work is essentially the same, and the estimated cost is still valid. A copy of this letter is enclosed. As a final note, the engineering, design and installation costs that would be associated with a two -span bridge would be significantly higher. It would be necessary to consider scour effects on a pier in the river channel, adding to the cost of design, as well as construction of the pier. If you have any further questions, please feel free to contact John Larson or myself. rely, am J. For rk, P.E. enclosures D: \0003091 \PEDHR.LTR • 0 0 • EARTH FILL BRIDGE APPROACH 115' NOMINAL BRIDGE SPAN 1040 _ -, I , _ 100 YEAR FLOOD LEVEL ELEV_1039.5 _ 64 `CONCRETE CAST -IN -PLACE PEDESTRIAN BRIDGE ABUTMENT 1035- SOUTH FORK CROW RIVER CHANNEL L _ J 1030- NORMAL POOL WATER SURFACE ELEV. 1028.2 1025 I 1 I 1 I 1 I 1 I 1 I 0 -10 0 +10 0 +30 0 +50 0 +70 0 +90 0 +00 0 +20 0 +40 0 +60 0 +80 BRIDGE PROFILE HUCTHINSON PEDESTRIAN BRIDGE E CE i RAI L I L - J _1040 _1035 _1030 _1025 I 1 +10 1 +00 1 +20 L ILA a s ETwwi g C017pny u 7803 Glamoy Road Mmneapoas, MN 55139.3123 6121830 -0555 612 1835 -0766 (Facsimile) John Rodeberg Director of Engineering City of Hutchinson 37 Washington Avenue Nest Hutchinson, MN 55350 August 2, 1991 FILE COPY Re: Engineering Cost Estimate for Pedestrian Bridge Abutments Mr. Rodeberg: As requested we have prepared a budget estimate for providing engineering services associated with installation of a pedestrian bridge over the Crow River at the park in Hutchinson. The budget estimate is based on the assumption that a single 90 foot span would be installed. Cost for a single 90 foot long, 4 foot wide span is nearly identical to two 60 foot long, 4 foot wide bridges, but eliminates an expensive center bridge pier in the river. A 90 foot long, 6 foot wide span would cost an additional $2,000 to $3,000 (for the bridge alone). Our experience is that the additional width is better suited for park and recreational use, considering handicap, bicycle, fishing, recreational viewing, running and other multiple uses often occurring in such a setting. The cost estimate is for the engineering services that will be required to design and review installation of the footings for the abutments at either end of the bridge. The scope of work for this estimate includes a more detailed review of the proposed site to locate bridge alignment, review of site survey at the proposed alignment, design and drafting of the footings, bridge abutment and fittings, earthen ramp, and a site review during bridge installation. Barr Engineering proposes to provide these services for s cost not to exceed $2,500 without prior written approval. The scope does not cover detailed survey of the site or site hydraulics. If you have any questions, please feel free to contact Bill Forsmark or myself. Sincerely, John R. Larson, P.E. Vice President enclosure D: \0003091 \HTCBRG.LTRll • utchinson Bridge Abutment Design Task Description FF - 4indpal Prod. Man. Drafting Expense Foundation Design 2 18 Drafting 2 Site Visits 12 TOTAL 1,160 590 750 OTAL S -rw C DATE: November 7, 1991 T0: Mayor and Council FROM: John P. Rodeberg, Director of Engineering RE: Resolutions Revoking and Establishing New State Aid Routes Hutchinson, Minnesota 55350 - Printed on recycled paper - M E M O R A N D U M Based on the proposed layout of Phase II of the Downtown Redevelopment Area, we are now planning on reconstructing lst Avenue NE from Hassan Street to Adams Street next year. This portion of lst Avenue was revoked as a State Aid Street last year upon the assumption that it would be vacated when Phase II was completed. We are now requesting that this section of roadway be redesignated as a State Aid Route. In order to do so, we need to revoke a minimum of 0.04 miles of existing routes to make room. We recommend that Hassan Street between lst Avenue NE and Washington Avenue be revoked since it was fairly recently reconstructed without the use of State Aid funds. State Aid funds were not used in order to allow construction of angled parking on both sides, a design which did not meet State Aid standards. City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on recycled paper - M E M O R A N D U M • RESOLUTION NO. 9602 RESOLUTION EST ABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Hutchinson, Minnesota that the roads hereinafter described should be redesiginated as Municipal State Aid Streets under the provisions of Minnesota Laws; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hutchinson, that the roads described as follows, to -wit: STREET CONTROL YEAR ADDITIONS TERMINI SECTION SEGMENT CONST. MILEAGE 1st Ave NE Hassan St to Jefferson St 111 015 1900 0.07 lst Ave NE Jefferson St to Adams St 111 020 1953 0.09 TOTAL MILEAGE 0.16 be, and hereby are, redesignated as Municipal State Aid Streets of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Administrator is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the redesignation of said roads or portions thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Hutchinson, to be numbered and known as Municipal State Aid Streets as noted above. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, THIS DAY OF , 1991. Mayor - Paul L. Ackland City Administrator - Gary D. Plotz 0 ! _c'. RESOLUTION NO. 9603 WHEREAS, it appears to the City Council of the City of Hutchinson, Minnesota that the roads hereinafter described should be revoked as Municipal State Aid Streets under the provisions of Minnesota Laws; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hutchinson, that the roads described as follows, to -wit: STREET CONTROL YEAR DELETIONS TERMINI SECTION SEGMENT CONST. MILEAGE Hassan St 1st Ave NE to Washington Ave 124 010 1962 0.08 be, and hereby are, revoked as Municipal State Aid Streets of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Administrator is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, THIS DAY OF , 1991. Mayor - Paul L. Ackland City Administrator - Gary D. Plotz 0 0 9 -& TO: Mayor b City Council FROM: Mary Haugen, Facilities Manager DATE: November 8, 1991 RE: Fundraiser for Arena Improvement Committee The Arena Improvement Committee would like to sell Christmas trees out •of the Civic Arena parking lot. The sales area would be located adja- cent to the outdoor hockey rink. Sales would begin November 29th and continue until approximately December 20th. An agreement has been reached with Frank Barrus of Christmas Trees of Oregon to sell the trees. The Arena Improvement Committee will receive $1,000 for the use of their name and for use of the parking lot. An additional $600 will be paid to the Hutchinson Youth Hockey Association for their help in promoting the sales of the trees. • We are seeking your approval to place a temporary portable sign near the south -west corner of the Arena. We feel this could be a good annual fundraiser to help generate additional dollars for capital improvements at the Civic Arena. klm Citrj Hall Parks & Recreation Police Department 37lVashimgton Avenue {Vest 900 Harrington Street 10 Franklin Street Sontlr (612)587 -51.51 (02).i67 -2975 (612) iti7_2242 Hutchinson, Minnesota 55350 / col Christmas Trees of Oregon Minnesota Office 115 Country Club Terrace Hutchinson, Minnesota 55350 1- 612 - 587 -2221 evenings 1- 800 - 221 -4424 ext. 308 work Mary Haugen: Thank you for the time you took to speak with me last week. Following is a list of the 1991 prices we are offering for our douglas Ars. I mentioned that we sold some of our plantation trees in the Minnesota area last year and had great success. Our trimming /grooming is done bi- annually in the spring and in the early fall months, with a projected start date for cutting on November 22 for Thanksgiving Weekend deliveries. To insure a QUALITY tree the shipping will be done in refrigerated truck trailers equipped with squealers set at 45 -52 Degrees. DOUGLAS FIRS. suggested Retai Face $15.00 to $25.00 , •• Delivered to Your Door NUMBER 1's !tagged), 5 TO 7 FEET $17.75 MN $19.75 MI NUMBER 2's 5 TO 7 FEET $13.00 MN $15.00 M/ #1 & #2 MIXED 40160 5 TO 7 FEET $14.00 MN $16.00 M/ Use of the Arena Fundraising Committee and Youth Hockey Association names in advertisement and for use of west side parking area. With the center involvement and youth groups for advertising and promotions, we are offering $1, 000 to the arena group and based on involvement of the youth groups up to $1,000. THANK YOU Frank L. Barrus 0 ARNOLD & MCDOWELL DAVID H. ARNOLD ATTORNEYS AT LAW OF COmSRL GARY D. M CHARLES 2 CAHMICHAEL STEVEN A. ANDERSON 101 PARK PLACE WILLIAM W. CAMERON G. HARRY ANDERSON- HUTCHINSON, MINNESOTA 55350 • STEVEN S. HOGE LAURA E. PRETLAND DAVID A BRUEOGEMANN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JaLIA A.CHRISTIANS RICHARD O. MCOEE TIMOTHY W. PAPINSEI November 8, 1991 (612) 587 -7575 PAX (612) 567 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Phase II Development Our File No. 3244 -91046 Dear Gary: S I CEDAR LASE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) MS -9000 MN TOLL FREE 600- 343-4545 FAX (612) 545-1793 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 389-2214 PAR (612) 389-5506 /56739 nV 1 991 REC& VED rr.._ £Z I am enclosing a copy of my letter which was sent via fax and by regular mail to Tim Nelson at Everest for consideration by Everest and Ericksons in connection with their meeting set for today. I would ask that this letter be included in the Council packet so that the Council is kept up to date on the negotiating process. I also think it would be aoorooriate at the Cit 7L Coin ;i HluotinPl on Tuesday even>nca to a I ho , th Iry o o begin th_ p��yina Process of the site Since elevations will almost certainly be an issue, the surveyor should probably be requested to provide that data as well. Perhaps you could confer with Jim Marka on that issue to determine whether or not that request should be included.. Finally, I hope to get a proposed purchase agreement between the Farmers Elevator and the City prepared in time to be included in the packet, but it is possible I will simply have to mail that document out separately. Please do not hesitate to contact me with questions. Thank you. Very truly yours, LD & MdDOWELL G. Bar Anderso n GBA:lm Enclosure 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BA 8 ASSOCIATION — CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION i DAVID R. ARNOLD GARY D. MCDOWELL STEVEN A. ANDERSON O. BABRY ANDERSON• STEVEN S. ROOF LAURA E. FRETLAND DAVID A. BRUEOOEMAWN PAUL D. DOVE JOSEPH M. PAIEMENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. M OEE TIMOTHY W. PAPINSEI November 8, 1991 ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HuTCffiNsoN, M INNESOTA 55350 -2563 (612) 587 -7575 FAX (612) 587 -4096 RESIDENT ATTORNEY O.BARRY ANDERSON Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: Library Square Building Dear Gary: OF COOX5EL CHARLES R. CARMICHAEL WILLIAM M. CAMERON 5861 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 800- 343 FAX (fill) 545 -L793 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 55371 (612) 389-2214 PAX (612) 389 - 5506 ft e " 1 9 9 1 A_ ay �' This office represents Thomas Inglis in connection with a proposed condominium project for the Library Square building. • As a result of a survey that was conducted in connection with the condominium project, discrepancies were found on two sides of the building in which the building invades either City right of way or the municipal parking lot to the north of the building. I have discussed this matter with the engineering staff. It is my understanding that the staff would be willing to approve the agreement by which the City's interest in the property is conveyed to the new owners of the building (presumably the Association) with a possibility in reverter so that in the event the building is ever substantially destroyed by fire, becomes uninhabitable or is otherwise abandon, the City would regain the property otherwise conveyed. The theory here is that the City is not going to require the building owners to move the building, but may have some interest in retaining the property when the building is no longer in use. The question of what happens to that property could be of interest when the building is abandon. It is likely that this transaction will close in the next several days and, of course, it will not be possible for the City to pass an ordinance, including the required second reading, prior to the closing date. However, from a title examination standpoint, I believe a commitment from the City to the proposal outlined above would be sufficient and I would ask that the citv Council aDDrove 0 - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION 'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE HAR ASSOCIATION / � Mr. Gary D. Plotz November 8, 1991 Page 2 Thank you. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderson GBA:lm CC Dan Prochnow Tom Inglis 1] 0 DAVID R. ARNOLD OAEY D.M DOFELL STEVEN A.ANDERSON 0. � ANURRSON STEVEN S. HOOF L& L E. P LAND DAVID A. BRDEOOa - PAUL D. DOVE JOSEPH X. PA RHENT JAMES UTLEY JULIA A. CHRISTIANS RICHARD O. McOEE TIMOTHY W. PAPINSEI AIRNOLD & MCDOW ATTORNEYS AT LAW 101 PARE PLACE HUTCHINSON, MINNESOTA 55350-2563 (612) 587 -7575 PAX (612) 587-4096 RESIDENT ATTORNEY O. BARRY ANDERSON November 8, 1991 Mr. Tim Nelson Everest Development Co. 2685 Long Lake Road P.O. Box 130190 Roseville, Mn. 55113 Re: Phase II - Downtown Development Our File No. 3244 -91046 Dear Tim: of COUNSEL CHARLES R. CARMICHAEL -- WILLIaM W. CAMERON 3661 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 53416 (612) 345-9000 MN TOLL FR EE 600- 343.4343 PAX (SW) 545 -1]93 SOI SOUTH FOURTH STREET PRINCETON, MINNESOTA 55371 (612) 369-2914 PAX (612) 389-5506 FOR YOUR INFORMATION This letter will serve as a summary of the issues that the City believes need to be addressed in the development agreement. I have not attempted to craft final language because I think we need to have an agreement on the points to be included in the development agreement before we start worrying about language issues. The land disposition agreement between the City of Hutchinson and Ericksons should include the following provisions: 1. Legal Description. The City will be responsible for the preparation of an appropriate legal description for the transfer of the real estate involved. 2. survevina. Obviously, a survey will be required to outline the site and here again, the City will be responsible for retaining the surveyor. 3. Purchase Price. A like kind exchange is contemplated by this agreement. The agreement will include all of the usual and customary warranties and purchase agreement language relative to the present More 4 building (for example, the agreement will recite that More 4 can convey good title to the building and warrants good title to the building, More 4 will bring the Abstract up to date at its own expense, etc.). The purchase price would also include a commitment to the payment of approximately $150,000 for the acquisition of the three properties not presently involved in the project which sum would include 40 the costs associated with the acquisition, including attorney's fees, option monies and the like. - CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION - CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNL4OTA STATE BAR ASSOCIATION Mr. Tim Nelson November 8, 1991 Page 2 4. Grocery Store. The agreement will require Ericksons to construct a grocery store totalling approximately 41,000 square feet excluding a mezzanine floor. The agreement will also set forth a minimum construction value, although at the present time, I am not certain of the precise amount. That figure will be determined based on tax increment considerations. Possibly a guarantee of the annual tax increment value would be helpful as well. 5. Liguor Store. The agreement will include a 5,000 square foot space to be leased to the City of Hutchinson for the municipal liquor store. The agreement will need to address the location of exterior/ interior entrances, receiving docks, square footage, parking and, most importantly, financial terms. In general, the scheme outlined in your response to our questionnaire for the calculation of rent for the liquor store is acceptable; however, whether the liquor store makes economic sense in this project is going to depend upon the cost of the space to the City. We would like to see some preliminary numbers outlining the proposed rental cost incorporated into the agreement. An early termination clause will also need to be included in the agreement along the lines of Ericksons proposal (termination after years 5, 8 and it with 18 month notice by the City) . The City is going to want most if not all of the issues related to the liquor store resolved in the development agreement if at all possible. 6. Soil Tests. All soil tests and borings are to be conducted at the expense of Ericksons. 7. Environmental Matters. In order to avoid delay, the City has already arranged for a Phase I environmental study. As you no doubt recall from reviewing the documents, ShopKo agreed to pay all of the costs associated with the testing (not correction) for environmental problems in connection with the property that ShopKo purchased; the Phase I study as it relates to the Erickson site was paid for by the City because ShopKo had no interest in that parcel. The City would propose to handle Phase II of the downtown development in the same manner. The expected cost of the Phase I environmental study is approximately $2,500 and will be conducted by Twin City Testing. I would point out that you are probably going to want to rely on the Phase I study and are probably going to want Mr. Tim Nelson November 8, 1991 Page 3 to contract with Twin City Testing in connection with that study for obvious reasons associated with privity of contract and the like. As to any environmental issues that may be identified by the study, the City would propose to handle those in a similar manner; Ericksons would pay for testing costs and the City would pay for the correction of any environmental matters (see below for language regarding contingencies). 8. Access. Both parties should receive appropriate access to the property during acquisition, demolition and construction. 9. Taxes. Taxes shall be pro rated based on the year of closing. For example, assuming that this transaction - were to close on July 1, 1992, the City would pay one half of the taxes due and payable in 1992 and Ericksons would pay one half of the taxes due and payable in 1992 and all of the taxes in 1993 and the years that follow. . 10. Site Preparation. The City will be responsible for the vacation of all utilities, streets and municipal easements. The City shall be responsible for the demolition and removal of all buildings. The City will also install eight inch sanitary sewer and water lines, electrical lines, natural gas lines, telephone and television cable lines to .the property line. The extension of those services shall be at the expense of Ericksons. In connection with the demolition, the City will follow the usual and customary specifications so that the site will be appropriate for construction of the store or parking lot, and in particular, will use fill appropriate to such construction. However, site grading and fill, other than as associated with the demolition, will be the responsibility of Ericksons. 11. Assessments. Ericksons will agree to follow the City's usual and customary assessment policies and practices. 12. Tax Increment District. The City shall be responsible for the creation of an appropriate tax increment district. The property, as you know, is largely outside the present tax increment district. The district would be expanded to include the proposed site and will probably be expanded to include the existing More 4 Store. Again, this will be at City expense. Mr. Tim Nelson November 8, 1991 Page 4 13. Seller's Contingencies. (a) The issuance and sale of municipal bonds; (b) Acquisition of the property by negotiation, condemnation or otherwise; (c) The waiver or satisfaction of all contingencies of the buyer; (d) Receipt and approval, in its sole discretion, by the Seller, of reports and cost estimates for the expense of clearing or correcting any environmental problems; (e) The usual title and real estate considerations relative to the More 4 building to be acquired by the City (including testing for asbestos or other environmental problems which should be at the sole expense of the City). 14. Buyer's Contingencies. (a) Availability of appropriate public utilities; (b) Appropriate and satisfactory, in the sole discretion of the Buyer, soil tests and borings; (c) Appropriate and satisfactory, in the sole discretion of the Buyer, environmental surveys and assessments; (e) The usual title and real estate considerations relative to the site. 15. Deadlines. A series of deadlines will need to be incorporated into the agreement. Based on our experience in the ShopKo project, and my experience in other municipal development projects, I can almost guarantee that these dates will change as the project goes forward. Tentatively, however, it would seem to me that environmental matters, soil tests and similar contingencies need to be resolved prior to acquisition (for the most part) and thus the deadline for those contingencies should probably be somewhere around the end of January or the first part of February. The deadline for the delivery of the site and the closing is projected at the present time to be June 1st. The deadline for construction of the building is January 1, 1993. Based on our discussions, prior to the City Council meeting, I believe it is possible to use some "substantial completion" language and have a finished structure perhaps a month or two later. 16. Zoning and Permit Issues. Please see Gary Plotz's correspondence of October 31, 1991 which adequately and exhaustively, outlines these issues. With regard to platting, the City will have paid for the survey, but the expense for the preparation of the plat will be Ericksons. Mr. Tim Nelson 40 November 8, 1991 Page 5 17. Cross Easement Agreement I have once again review the Cross Easement Agreement in some detail. Eliminating most of the legal jargon, it seems to me the only provision that is likely to cause a problem is the provision dealing with the pharmacy. As I indicated to you in prior correspondence, we have heard from ShopKo and their present position is that they are insisting on adherence to the Cross Easement Agreement. I assume, but have not been officially advised, that they will litigate the issue on the basis of reliance in entering into the agreement to develop the so- called ShopKo site on the assumption that Phase II would be covered by the Cross Easement Agreement. Other than keeping them informed, their consent was not sought, nor was it needed, to change the site for the Phase II development to make it a more attractive commercial project. The City clearly is not interested in litigating the Cross Easement Agreement with anyone. Our present position is that we will expect the Cross Easement Agreement to be • complied with and in particular the language dealing with the transfer of interests under the Cross Easement Agreement which would relieve the City of any further responsibility. If you have alternative suggestions that would resolve this dilemma, we would be happy to listen to them. I am certain there will be additional provisions and changes to some of the above provisions that will need to be incorporated in the agreement. This letter is intended merely to outline some of the issues and the City's present perspective on those issues. The City Council remains, as always, the final decision making authority for the City of Hutchinson and will need to approve or disapprove the agreement as negotiated by staff and Everest. However, in general, I believe the above outline represents the position of the City. Please give these issues some thought and get back to me as soon as possible. Best regards. 0 GBA:lm . RESOLUTION NO. 9594 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING ND. 1 PROJECT NO. 92 -01 WHEREAS, it is proposed to improve: Lake Street from Second Avenue S.W. to Roberts Road, Hayden Avenue from Lake Street to Dale Street, Osgood (5th) Avenue from Lake Street to Dale Street, Thomas Avenue from Lake Street to Dale Street, and Fischer Street from Hayden Avenue to Osgood (5th) 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; WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Hinnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the proposed improvement be referred to the Director of Engineering for study and that 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 12th day of November, 1991. Mayor City Administrator 1 DATE: November 12th, 1991 TO, Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE, Letting No. 1, Project No. 92 -01 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on the 26th day of November, 1991. Project No. 92 -01, Lake Street from Second Avenue S.W. to Roberts Road, Hayden Avenue from Lake Street to Dale Street, Osgood (5th) Avenue from Lake Street to Dale Street, Thomas Avenue from Lake Street to Dale Street, and Fischer Street from Hayden Avenue to Osgood (5th) Avenue by construction of storm sewer, sanitary sewer, sewer • service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. Construction Cost S 433.333.00 Engineering /Administration S 60.667.00 Fiscal /Legal /Capitalized Interest S 34.667.00 ESTIMATED TOTAL ----- --- -------- ---- -- --- - - - - -- S 528.667.00 Assessable Cost $ 294.834.00 Deferred Assessable Cost $ 0.00 City Bonded S 233.833.00 City Other Funds S 0.00 MSA $ 0.00 MNDOT $ 0.00 ESTIMATED TOTAL ------------------------- - -- - -- $ 528 667.00 JPR /PV 9 -- 0 RESOUITION NO. 9596 WHEREAS, pursuant to a resolution of the Council adopted November 12th, 1991, a report has been prepared by the Director of Engineering, with reference to the improvement of Lake Street from Second Avenue S.W. to Roberts Road, Hayden Avenue from Lake Street to Dale Street, Osgood (5th) Avenue from Lake Street to Dale Street, Thomas Avenue from Lake Street to Dale Street, and Fischer Street from Hayden Avenue to Osgood (5th) 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. Said report was received by the Council on November 12th, 1991. .7 INit I 'N'1 ' }:1 }I t: N 1 I' C b' M 11 VI l 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $528,667.00. . 2. A public hearing shall be held on such proposed improvements on the 26th day of November, 1991, in the Council Chambers of the City of Hutchinson at 8:00 P.H., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 12th day of November, 1991. Mayor City Administrator 9�7�, • RESOLUTION NO. 9595 RESOLUTION ORDERING PREPARATION of REPORT on DeRov:Emm! LEITIIN; ND. 2 PRWBCT NO. 92 -02 WHEREAS, it is proposed to improve: 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; WHEREAS, it is proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, THAT, the proposed improvement be referred to the Director of Engineering for study and that 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 12th day of November, 1991. Mayor City Administrator E DATE: November 12th, 1991 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Letting No. 2, Project No. 92 -02 I have studied the following areas and find that the proposed project is feasible and recommend it be constructed. If acceptable, I recommend a hearing be held on the 26th day of November, 1991. 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 construction of storm sewer, sanitary sewer, sewer service, watermain, water service, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances. Construction Cost $ 416.667.00 Engineering /Administration $ 58.333.00 Fiscal /Legal /Capitalized Interest $ 33.333.00 ESTIMATED TOTAL - ---- -------------------- - - - - -- S 508 333.00 Assessable Cost Deferred Assessable Cost City Bonded City Other Funds !LA MNDOT ESTIMATED TOTAL - ---- - - - --- JPR /PV S 203.333.00 S 0.00 S 305.000.00 S 0.00 S 0.00 S 0.00 - -- S 508 0 11 • RESOLUTION NO. 9597 RESOLUTION RECEIVING AND CALLING. HEARING ON IMPROVEHENT LETTING NO. 2 PROJECT NO. 92 -02 WHEREAS, pursuant to a resolution of the Council adopted November 12th, 1991, a report has been prepared by the Director of Engineering, with reference to the improvement of 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. Said report was received by the Council on November 12th, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, HIN10SOTA: 1. The Council will consider the improvements of such streets in accordance with the reports and the assessment of benefitted property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of the improvement of $508,333.00. • 2. A public hearing shall be held on such proposed improvements on the 26th day of November, 1991, in the Council Chambers of the City of Hutchinson at 8 :00 P.M., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. Adopted by the Hutchinson City Council this 12th day of November, 1991. Mayor City Administrator i 9 -V, T KD A AND A KING. DUVALL, ANDERSON / ' H AND ASSOCIATES. INCORPORATED 2966 AMERICAN RATIONAL BANK BUILDING ENGINEERS ARCHITECTS PLANNERS - SAW PAUL MINNESOTA 65101 -1003 612M4406 FAX 612=-0063 MEMORANDUM To: File Copies To: J. Rodebere J Groehler O. Burkhardt J. Denis From: Jerry Petersen _ Date: October 24 1991 Reference: Hutchinson Airoort Expansion Hutchinson Municipal Airport Routing: B r ChristetLS i S saa � Commission No. 9946 The following is a revised version of the estimated schedule for completing design of Phase 1 of the referenced project. The previously submitted schedule of October 3, 1991, has been changed to allow time for review of the ALP and pavement design by the appropriate agencies. 9 -� Review preliminary engineer's report, cost estimate and pavement design with Airport Advisory Committee (AAC) November 4 Submit preliminary engineer's report, cost estimate November 7 and pavement design to MnDOT, FAA Review Draft ALP with FAA, MnDOT, Rodeberg November 8 MnDOT submits pre - application form to FAA November 14 Wetland Mitigation plan to Corps November 22 Review preliminary plans with AAC November 25. Submit preliminary plans to MnDOT November 27 Respond to FAA comments on pavement design, if available November 30 Submit final plans and specifications to AAC and MnDOT December 30 Plans and specs to City Council, approval to advertise January 14, 1992 Ad published January 24, 1992 Open Bids February 25, 1992 Bids to AAC (special meeting) March 2, 1992 City Council meets, awards project March 10, 1992 9 -� File Hutchinson Airport Expansion Commission No. 9946 October 25, 1991 page Two The schedule is subject to further adjustment if review comments are delayed or if significant additional effort is required in responding to comments. Suggestions for additions or revisions to the above will be appreciated at any time. C -1 J TOLT2,�KING, DUVALL, ANDERSON ST. PAUL, MINNESOTA AND ASSOCIATES, INCORPORATED OCTOBER 31, 1991 ENGINEERS - ARCHITECTS - PLANNERS COMMISSION NO. 9946 • ORDER OF MAGNITUDE COST ESTIMATE AIRPORT EXPANSION HUTCHINSON MUNICIPAL AIRPORT HUTCHINSON MINNESOTA PHASE I TOTAL 22,500 Approach Slope Indicator Lights 429,000 ESTIMATED FEDERAL STATE LOCAL DESCRIPTION AMOUNT AMOUNT AMOUNT AMOUNT Parallel Taxiway 15 -33 690,000 621,000 _Aircraft Apron Land Acquisition $ 36,000 $ 32,400 $ 3,600 Wetland Mitigation 40,000 36,000 4,000 Runway 15 -33 Reconstruction & T- Hangar Site Preparation Extension 1,050,000 945,000 105,000 Runway Edge Lights - MIRLS 135,000 121,500 13,500 Runway Hold and Taxi Guidance 20,000 18,000 3,500 Signs 35,000 31,500 Runway End Ident. Lights (REILS) 25,000 22,500 Approach Slope Indicator Lights 429,000 367,300 (PAPIS) 35,000 31,500 •avement Marking 20,000 18,000 Parallel Taxiway 15 -33 690,000 621,000 _Aircraft Apron 555,000 472,500 Apron Floodlighting 35,000 31,500 �7 Parking Lot Grading 90,000 T- Hangar Site Preparation 50,000 Entrance Road Grading & ' Aggregate Surfacing 13,000 11,700 Security Fence 20,000 18,000 Electrical Distribution Building 12,000 10,800 Relocate Power Lines -Rwy 33 Approach 50,000 45,000 60,000 33,300 2,500 3,500 2,000 69,000 52,500 3,500 30,000 16,700 1,300 2,000 1,200 5,000 Sub -Total Engineering & Testing Legal & Administration D OTAL CONSTRUCTION COST $2,861,000 $2,448,900 $93,300 $318,800 429,000 367,300 14,300 47,400 25,000 21,099 1,4 1.800 $3,315,000 $2,$38,000 $109,000 $368,000 *' TZ, KING, DUVALL, ANDERSON ASSOCIATES, INCORPORATED NGINEERS-ARCHITECTS PLANNERS ST. PAUL, MINNESOTA OCTOBER 31, 1991 COMMISSION NO. 9946 PHASE I (Continued) TOTAL ESTIMATED FEDERAL STATE LOCAL DES CRIPTION AMOUNT AMO AMO UNT AMOUNT TOTAL CONSTRUCTION COST $3,315,000 Prior Land Aquisition: Expended for Purchase $ 305,000 Probable Reimbursement W ET COSTS - THRU PHASE I $3,620,060 $2,838,000 272.000 $3,110,000 $109,000 *(159,000] (159.000) ($50,000) $368,000 * ITEMS IN BRACKETS ( ] NOT INCLUDED IN TOTALS *[146,000] (113.000) $255,000 NOTE: The costs shown for runway reconstruction and taxiway construction are based on the use of bituminous surfacing for the pavement section. The costs for apron construction include the use of Portland cement concrete for the pavement surface. • ST. PAUL, MINNESOTA " TOLTZ, KING, DUVALL, ANDERSON OCTOBER 31, 1991 AND ASSOCIATES, INCORPORATED COMMISSION NO. 9946 ENGINEERS - ARCHITECTS - PLANNERS •'• • V.i \ • • V.i RH TOTAL ESTIMATED FEDERAL STATE LOCAL DESCRIPTION AMOUNT AMOtJPTT AMOUNT AMOU MALSR $ 125,000 $ 112,500 $12,500 Parking Lot Bit. Surfacing/ 45,000 $ 30,000 Lighting Entrance Road Bit. Surfacing 20,000 18,000 15,000 10,000 Well 1 5,000 10,000 Septic System 125,000 83,300 Terminal Building 225,000 150,000 FBO Hangar Maintenance Equipment • 1 00,000 72,000 18,600 {* Snow Removal Equipment Building 80,000 57,500 15,100 $750,000 $260,000 $317,000 Sub -Total 112,000 38,200 47,400 Engineering & Testing 6,800 600 Legal & Administration 8.000 $870,000 $305,000 $365,000 TOTAL COST - PHASE II 15,000 2,000 5,000 5,000 41,700 75,000 9,400 7,400 $173,000 26,400 600 $200,000 TOLTZ, KING, DUVALL, ANDERSON ASSOCIATES, INCORPORATED ENGINEERS- ARCHITECTS ST. PAUL, MINNESOTA OCTOBER . 31, 1991 COMMiSSION NO. 9946 TOTAL ESTIMATED FEDERAL STATE LOCAL PROJECT $3,620,000 $3,110,000 ($ 50,000) $255,000 TOTAL PHASE I TOTAL PHASE II $ 870,000 $ 305,000 $365,000 $200,000 GRAND TOTAL $4,490,000 $3,415,000 $315,000 $455,000 // A r REGULAR COUNCIL MEETING NOVEMBER 1991 - _12_ - WATER & SEWER FUND *Withhold Tax Acct employer contribution 714.13 *MN Dept of Health reg fee 45.00 *pERA employer contribution 399.59 *Withhold Tax Acct employer contribution 702.49 *US Postmaster water bills postage 218.51 Am Nat'l Bank interest 183,600.00 Am Nat'l Bank paying agent fees 125.00 Bernard Mulcahy valve 56.89 Brinkman Studio developing 2.64 Citizens Bank savings bonds 250.00 City of Hutch Nov dental 337.81 City of Hutch Nov medical 3,020.37 Coast to Coast supplies 188.11 County Market hilex 11.37 Crow Chemical cleaners 35.35 Daak Refrigeration repair 37.00 Davies Water hydrant extensions 408.00 Electric Motor motor repairs 92.88 Family Rexall supplies 23.81 Farm & Home supplies 94.52 Farmers Elevator fly bombs 90.00 Fitzloff Hardware supplies 100.24 Floor Care pad 14.74 G & K uniforms 194.08 GAB settlement 1,349.54 Goodin Co operating screw 88.51 Gopher State 1 Call Oct service 120.00 Graham, Marion training expense 158.51 Hach lab supplies 91.00 Hach lab supplies 52.46 Harris Mech Sept prev mtce 1,204.00 Henke, Milburn double water payment 347.01 Hutch Telephone phone service 415.08 Hutch Utilities electricity & gas 13,193.87 Hutch Wholesale springs 6.68 L & P Supply lubricant 34.20 Locator & Monitor Sales battery pack 177.27 Logis Sept charges 1,119.41 MMSC oxytrol 43.75 MN Dept Health certification renewal 500.00 MN Mutual Life Nov life ins 49.14 MN Valley Testing tests 251.75 Mutual Benefit Life Nov LTD ins 116.44 Nalco Chemical corrosion 6,648.30 NuTech Env counteractant 1,087.50 pERA employer contribution 393.51 Quade Electric meter 63.50 • Quade Electric repairs 303.50 // A r Schmeling Oil Semblex Share Corp Tri County Water UBC US Postmaster Waldor Pump Water Products • CENTRAL GARAGE FUND *Withhold Tax Acct *PERA *Withhold Tax Acct Brandon Tire Carquest City of Hutch City of Hutch Coast to Coast G & K Harpel Bros Hutch Wholesale Jerry's Transmission MN Mutual Life Ins Mutual Benefit Life PERA Plaza Hardware Schmeling Oil Snap On Tools Town & Ctry Tire US Postmaster Wigen Chevrolet oil 35.25 filter 155.09 detergent 113.62 salt 13.20 insulation 13.99 meter postage 119.76 repair 85.88 touchgun 248. uniforms TOTAL $219,363.13 employer contribution 101.41 employer contribution 59.38 employer contribution 101.41 repairs & tires 228.28 supplies 675.51 Nov dental 43.79 Nov medical 362.13 padlock & cable 9.67 uniforms 47.68 pulley 14.55 parts 196.94 repair 2,796.39 Nov life ins 5.67 Nov LTD ins 13.53 employer contribution 59.39 nipples 1.68 oil 182.50 light 26.95 tire repair 7.50 meter postage 2.90 repairs 280.00 TOTAL $5,217.26 • GENERAL FUND • *Withhold Tax Acct employer contribution 4,550.71 *DNR registration fees 15.00 *DNR registration fees 14.00 *Lake Country Chapter registration 100.00 *ICBO exam fee- M.Hensen 95.00 *MAPA registrations 380.00 *Duluth Tech College registrations 330.00 *Youth Center transfer of funds 5,750.00 *US Postmaster Sr. newsletter postage 207.77 *Ordway Theatre deposit 116.00 *Ordway Theatre deposit 62.00 *Kozlak's Restaurant Sr. tour 390.08 *PERA- D.C.P. employer contribution 24.84 *PERA employer contribution 4,986.39 *DNR registration fees 282.00 *Auntie Clare's Doll MuseumSr. tour 161.00 *Grand Casino Sr. tour 390.00 *Withhold Tax Acct employer contribution 4,586.55 *Withhold Tax Acct federal excise tax 18.03 *:dark Schnobrich conference expense 327.00 A & B Electric repair 35.00 Albrecht,K. /Hutch Plbg Htg housing rehab 1,700.00 Allen Office supplies 109.19 Allied Mechanical motor repair 246.94 Am Hotel Reg freight 99.30 • Anderson Interiors paint 70.56 Anderson Interiors paint 361.49 Arndt., Bill Sr. dinner 142.72 Arnold & McDowell services 86.00 Aschinger, Bill skating refund 30.00 Automation Supply disks 39.89 Bennett Office printwheel 13.00 Bennett Office toner 40.50 Big Bear paint 95.92 Boy Scout Troop 2 wreaths 16.00 Brandon Tire tire disposal from river 190.25 Bremix tile & concrete 851.06 Brinkman film 96.00 Brown, Jan school expense 15.02 Camera Shop film 16.94 Cargill salt 393.52 Cargill salt 199.73 Carney's supplies 9.66 Carquest parts 22.37 Carter, Jeremy football coach 133.00 Cash Wise groceries 129.68 Central Leisure Sery annual dues 5.00 Century Labs cleaner 266.76 Chamber of Commerce Nov rent, support & equip 403.39 Christensen Repair sharpen chain 1.00 • City of Hutch Nov dental 2,771.29 City of Hutch Nov medical 24,361.20 Coast to Coast supplies 145.93 Com of Transportation hangar payment 700.00 Cornell, Damen football coach 147.00 County Market groceries 13.60 County Treasuer DL fees 164.00 • Crow River Ctry Club sandwiches 425:25 Culligan Water salt & service 22.40 Curtis Ind supplies 33.10 Daak Refrig repair 548.00 Dept Labor & Ind exemption 110.00 tlectro Watchman annual charge 144.00 Eliason, Kathy skating refund 12.00 Ericksons More 4 supplies 13.31 Ericksons More 4 groceries 4.74 F & W Roofing roof repairs 585.00 Family Rexall supplies 75.82 Farm & Home supplies 68.91 Farm & Home parts 325.36 Fitzloff Hardware supplies 261.34 Fitzloff Hardware bulbs 12.03 Floor Care cleaners 80.17 Floor Care supplies 659.16 G & K uniforms 619.98 Gander Mt monocular 45.28 Glencoe Uniforms uniforms 215.05 Gopher Athletic equipment 150.95 Governing subscription 9.00 Great Plains supplies 421.72 Groehler, Floyd MACO convention 65.79 Gruenhagen,L. /Mankato Tent small cities loan 594.86 • Guardian Pest Oct service 63.25 Hagen, Judy skating refund 12.00 Hanson & Vasek curb & gutter 458.85 Harris Billings strike & keeper 57.77 Heinen, Shari skating refund 12.00 Henry's Foods supplies 71.07 Home Bakery goodies 30.23 Hutch Com Hospital laundry 15.30 Hutch Fire mtce tests 33.90 Hutch High School yearbook 27.00 Hutch Iron aluminum 9.00 Hutch Plumbing toilet 134.00 Hutch Public Library books damaged 29.73 Hutch Telephone phone service 3,126.66 Hutch Utilities elec & gas 6,208.09 Hutch Utilities street lights 5,792.40 Hutch Wholesale parts 20.41 ICBO publications 84.60 Ink Spots envelopes & paper 37.39 Jerabek Machine bolts 13.99 Jim's Garden till & blade 30.00 Joe's Sport Shop trophies 65.00 Juul parts 15.00 Juul repair CB & machine rent 1,239.00 Kirchoff, Ron memorial trip 795.34 . Knick, Jill skating refund 12.00 Koppen, R. /B.Farley housing rehab 542.50 Koppen, R. /L.Maus housing rehab 96.00 Korngiebel Arch services 150.00 Krueger, Harold Harvest dance 75.00 K -Mart cleaners 27.54 K -Mart portable stereo 137.76 L & P Supply blade & filter 7.92 Law Enforcement Equip name tags 21.45 LETN Nov service 288.00 Logis Sept service 5,508.34 Mainstreet swags & roping 72.90 Mangan, Connie conference expenses 120.99 Marco pens & binders 59.61 McCarthy,S. /K &K Roof housing rehab 967.28 McCarthy,S. /Woods Paint housing rehab 106.50 McCarthy,S /BernElec housing rehab 120.00 McDonald,D. /Bonniwell Elec housing rehab 1,095.00 McDonald,D. /D.Winn housing rehab 2,745.00 McGarvey Coffee coffee 54.90 McLeod Coop Power electricity 549.40 McLeod Cty Attorney sale forfeited property 116.00 Meeker Sand sand 401.80 Mike's Mobil gun patches 2.75 MN Elevator elevator service 61.00 MN Mutual Life Nov life ins 402.36 MN Playground epoxy 96.28 Modern Mazda towing 85.00 Moe, Renita skating refund 12.00 Moon, Dolf meeting expenses 18.79 Mutual Benefit Nov LTD 986.28 New Ulm Monument reset monuments 148.00 • NK Sales stumps removed 1,619.90 Odegard Books books 34.95 Olsen Chain sling 33.96 Olson's Locksmith repairs 360.14 PERA employer contribution 4,951.81 PERA- D.C.P. employer contribution 24.84 Peterson Bus bus trips 1,213.30 Pikal Music tapes 17.96 Pitney Bowes mtce agreement 146.00 Plaza Hardware supplies 249.44 Plotz, Gary meeting 9.1.8 Popp Electrical parts 131.10 Quade Electric parts 55.20 Retzlaff, Lisa v ball instructor 84.00 Retzlaff, Tracy v ball instructor 84.00 Rodeberg,.John meeting expenses 65.83 Rossell, Robert Star Tribune 13.00 Sainsbury, Linda skating refund 12.00 Schmeling Oil fuel oil 3,170.85 Schuster, Jane skating refund 12.00 Scott & Bob's Tire zamboni inspection 83.55 Secretarian services- M.Swanson 952.00 Security State Bank payment #19 231.80 Seven West Wash wash 6.50 Sheppard, Marty Harvest dance 35.00 . Shopko supplies 185.06 Shopko candy 22.84 Sibley County Public safety grant 1,120.50 Sid's groceries 14.47 Simonson Lumber lumber 35.10 • Simonson Lumber Farm lumber sprayer rent 177.17 77.56 Sorensen Sorensen Farm saw rent 10.00 Standard Printing supplies 134.61 Standard Printing stapler & supplies 86.11 Star Cable Nov service 4.07 State of MN sale forfeited property 58.00 Theis, Lisa skating refund 12.00 TKDA prof fees 3,006.38 Totushek, Forma tour refund 18.00 Tri County Water softener rent 34.50 Two Way Comm radio repairs 108.20 UBC lumber 123.68 US Postmaster meter postage 664.73 US West Nov services 98.54 VFW Post 906 120 dinners 750.00 Viking Int Prod can liners 242.63 Willmar Tech training 90.00 Witte Sod sod 135.00 Xerox mtce agreement 129.00 Bruimond, Mary election judge 58.44 Brunner, Dolores election judge 58.44 Clabo, Arliss election judge 58.44 Daggett, Doris election judge 58.44 Frank, Fern election judge 56.31 Gilhousen, Jo election judge 58.44 • Hagen, Ruth election judge 63.75 Johnson, Rosina electica judge 63.75 Knigge, Darlene election judge 58.44 Kottke, Grace election judge 58.44 Kreie, Irma election judge 58.44 Lickfett, Helen election judge 63.75 Madson, Gladys election judge 58.44 McLain, DeEtta election judge 63.75 Miller, Sedona election judge 59.50 Rolfe, DeLaine election judge 59.50 Schepers, Norma election judge 58.44 Schmidt, Harriet election judge 58.44 Seale, Pearl election judge 58.44 Tews, Clara election judge 58.44 Totushek, Norma election judge 56.31 VanHale, Evelyn election judge 58.44 Weseloh, Phyllis election judge 59.50 Wixcey, Harriet election judge 58.44 Young, Elsa election judge 59.50 Ziegler, Elinar election judge 63.75 TOTAL $118,368.26 E 0 • BOND FUNDS RURAL FIRE DEPT Coast to Coast Huth Wholesale UBC supplies supplies lumber TOTAL 31.97 10.40 7.12 $49.49 YOUTH CENTER *Withhold Tax Acct *PERA *Withhold Tax Acct A & B Electric City of Hutch City of Hutch Crow River Glass Farm & Home Fawler, Chris Frito Lay Herbert, Scott Hutch Telephone Hutch Utilities Marquette Bank Meyer, Jane MN Mutual Life Mutual Benefit Life PERA Radio Shack Simons, Matt Star Cable US Postmaster US Toy Viking Coca Cola 1980 TAX INC DEBT SERV employer contribution employer contribution employer contribution repair Nov medical Nov dental fix doors ext cord band supplies DJ phone service elec & gas rent DJ Nov life ins Nov LTD ins employer contribution xenon flash DJ cable tv meter postage supplies supplies TOTAL Gruenhagin,L. /Mankato Tent 8% loan 1990 TAX INCREMENT DEBT SERV Am Nat'l Bank Am Nat'l Bank paying agent fees mtce charges TOTAL 67.27 37.49 64.02 63.42 161.82 15.64 45.00 10.47 75.00 7.64 19.00 24.75 143.10 2,200.00 100.00 15.54 11.10 37.49 3.69 20.00 25.30 2.61 44.77 206.06 $3,401.18 225.64 198.22 100.00 $298.22 1990 TAX INC CONST Page All pager service Ltp Enter services TOTAL 20.00 9,686.70 $9,706.70 BONDS OF 1987 DEBT SERV 29,050.00 Am Nat'l Bank interest HOSPITAL BONDS An Nat'l Bank paying agent fees 188.16 BONDS OF 1989 Duinick Bros est #11 11,868.53 BONDS OF 1990 Duinick Bros est #4 12,028.91 BONDS OF 1991 Earl Andersen sign posts 1,297.89 Juul Contracting est #4 18,585.52 Quam Const est #4 34,732.91 Randy Kramer Exc est #2 3,512.43 Wm Mueller est #1,2,3 93,991.96 Annandale Contracting est #5 19,507.82 TOTAL $171,628.53 0 C FOR YOUR INFORMATION October 31, 1991 Mayor and City Council Members City of Hutchinson 37 Washington Ave W Hutchinson, MN 55350 Dear Sirs: The members of the Hutchinson Safety Council are writing to you as • a matter of record of our support of the Police K -9 program that the City of Hutchinson is so very lucky to have at their disposal. On October 28, 1991 we were fortunate enough o be able to observe and listen to a presentation and demonstration of K -9 Officer, Mark Shoutz. Officer Shoutz was informative as to the nature of a K -9 program and its' requirements as well as the advantages of having a K -9 based in our City. Officer Shoutz also demonstrated "Sam's" capabilities with regard to search and seek procedures. Please advise all interested parties how much we value the fact that Hutchinson is progressive enough to maintain such a worthwhile and valuable safety feature in its' police department. The fact that a K -9 can be used instead of sending an officer into a potentially dangerous situation should be a comforting factor. • 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 ncyckd parer - Please understand we do not wish to see the K -9 hurt or injured in any way, but it does insure a level of officer safety in certain instances. Unfortunately everyone in Hutchinson remembers only too well how quickly a situation for our police officers can turn into a life or death situation. Again please convey our respect and thanks to Officer Shoutz for taking the time to share "Sam" with us. Respectfully, HUT SAFETY COUNCIL �J George Field President GF:mjg • r October 31, 1991 Mr. Timothy J. Nelson The Everest Group LTD 2685 Long Lake Rd P.O. Box 130190 Roseville, MN 55113 SUBJECT: RESPONSE TO ATTACHED FOR YOUR 04FORMA770 OF OCTOBER 16, 1991 Dear Mr. Nelson, The City received your correspondence on October 24, and the major delay in responding is a recent district court trial that • recently ended, involving the council and staff. In regard to your correspondence, specifically paragraph #3, there are many items to consider. 1. Beyond the development agreement and environmental study, a new tax increment district will need to be established. Our consultant Ehlers and Associates, President Bill Fahey, is working on this topic, and specifically the financing plan. I understand the Tax Increment Plan generally includes a project budget and some degree of analysis. The written request to Ehlers was sent 10 to 14 days ago. The City Council and Community Development Corporation and possibly the Planning Commission, will consider the plan at the earliest time it is completed. We have consulted the county and school district in the past on such plans, before securing city council approval. • City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Police Department 10 Franklin Street South (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on reruclyd pnpr,. 2. Regarding rezoning, the proposed site currently has two • (2) types of zoning namely C -3 (Block 48) ; and C -3 and I- C1 (Block 47). See attached map. This is a similar situation that was present in the Phase I Shop -Ko site. Phase I was rezoned entirely to C -3; as part of the rezoning consideration a site plan is required. See Zoning Ordinance Section 6.06 c(5) for site plan requirements. Secondly the city has a more stringent "sign ordinance" in the C -3 district (downtown), a copy of the C -3 sign ordinance is encompassed within the zoning ordinance. Some of the considerations are size, number of signs, lighting, color (preferably earthtones) . The administration of the downtown sign ordinance in Ms. Connie Mangan (587 -5151 ex 235). Regarding platting, the numerous existing lots should be replatted into 1 or 2, etc. lots. Since the lots along Hassan Street on the West may be combined into one lot, you may want to consider long standing assessment policy(s). I would recommend you work directly with City Engineer John Rodeberg. Secondly, I believe an alley(s) needs to be vacated, and /or easements vacated; and new easements established. The vacation of alleys and easements should be a separate planning commission action, however, the action could take place at the same meeting(s) as the new plat. The requirements for • platting are in the attached Subdivision Ordinance No. 466; I will also mention that a preliminary and final plat can be considered at the same meeting and action. Regarding flood fringe considerations, my cursory review on the zoning map (see attached) shows a portion of the site is in the flood fringe, name Block 47, Lot 1 and 10 and part of lots 2, 3, and 9, also a small portion of Block 48, Lot 1. This would require planning commission consideration for a "conditional use permit" (publishing required) with DNR consultation. This would be the same procedure we utilized on Phase I ShopKo, except the Phase II elevations should be much less of a problem than in Phase I. See zoning Ordinance, Section 6.07 c(2). 5. Regarding permits or approvals from other entities (is;), I understand an initial meeting took place last week with the public gas /electric utility, local telephone company, city staff, etc. I would suggest we have a second meeting with you and all of these same entities to further firm -up the preliminaries; so that any one participating entity doesn't say I wasn't fully informed. I also would think the DNR and Star Cablevision should be included. Please coordinate the timing of this meeting through City Engineer, John Rodeberg. • 2 As requested, we have enclosed a full copy of the City Zoning Ordinance. Please be aware that the City Planning Commission, Consultant (BRW), and Staff are working on revising the entire zoning ordinance; with potential adoption in January or February. At this time the proposed zoning ordinance is only in a rough draft form. Building Code consideration /ordinance should be handled directly with Building Official, Jim Marka, (587 -5151 ex 210) and Fire Code considerations /ordinances should be handled directly with Fire Marshal, George Field (587 -5151 ex 211). Lastly, we are proceeding with finalizing more options and /or purchase agreements, as of our acquisition committee meeting of this morning, October 30th. The objective is to have a development agreement prepared, reviewed and hopefully adopted by the end of November. Please keep in contact with City Attorney Barry Anderson, so we can maintain this time -frame objective. Sincerely, 4 �/ Gary Flotz City Administrator GP /bb NAME AND TELEPHONE DIRECTORY • cc: Doug Driscoll, Erickson Diversified (715) 386 -9315 Hudson WI Bill Fahey, Ehlers and Associates (612) 339 -8291 G. Barry Anderson, City Attorney (612) 587 -7575 John Bernhagen, HCDC (612) 587 -7500 John Rodeberg, City Engineer (612) 587 -5151 ex 208 Ken Merrill, Finance Director (612) 587 -5151 ex 207 George Field, Fire Marshal (612) 587 -5151 ex 211 Brad Emans, Fire Chief (612) 587 -2506 Jim Marka, Building Official (612) 587 -5151 ex 210 Connie Mangan, Downtown Sign Adm. (612) 587 -5151 ex 213 Skip Wright, DNR Hydrologist (612) 796 -6271 Clarence Kadrmas, General Manager (612) 587 -4746 Hutchinson Utilities Ivan Larson, Gas Division (612) 587 -4746 Butch Wentworth, Electric Division (612) 587 -4746 Walt Clay, Hutchinson Telephone (612) 587 -2323 Thomas Osterndorf, Star Cablevision (507) 637 -5300 Planning Commission Mayor and Council 1] 3 : OCT1991 THE EVEREST GROUP LTD F,CEtvFD October 16, 1991 Mr. Gary D. Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 RE: Phase II Downtown Development Project Dear Mr. Plotz: Thanks again for your assistance and participation in the process leading to the selection of the Everest/ Erickson Is Phase II development proposal at last week's Council meeting. • As we begin the process of negotiating a development agreement and work toward the goal of constructing the new Festival Foods store, we would appreciate your assistance in outlining the City approvals that will be required to reach that goal. Obviously the most important single City approval item is the t ax increment financing development agreement and relat documentation It would be helpful if you could outline for us the other items of City approval that will be required to complete this projec . For example, is there a separate site plan review and approval? Is rezoning required for any of the parcels included in the Phase II site, or the "Future Development Site"? We would anticipate that a replatting of the property will be required. Please advise concerning any other City approvals or permits that will be required to complete this project. If there are separate permits or approvals required from utility organizations or other entities such as watershed districts, we would appreciate receiving information concerning the appropriate contact people and the process involved. We would also appreciate receiving a f ull copy of the City zoning ordinance and any other ordinances that bear on the . design, ap pro ov va l, and construction of this roject. Please advise if there are any copying charges for p Use ordinances and /or materials. _685 Long Lake Road P.O. B0\ 130190 • Rose%ille. \R �i! I? ra , I'll Mr. Gary D. Plot2 October 16, 1991 Page Two Thank you for your assistance in responding to this request for information. Please call me at (1) 636 -5500 if you have any questions. We look forward to working with you and the rest of the City staff and elected officials on this project. Sincerely, THE EVEREST GROUP, LTD. Timothy J. Nelson TJN /jgy cc: Doug Driscoll u »- * _,S November 11, 1991 NOV 1991 REMVM B L Hutchinson City Council FOR YOUR INFORMATION Re: Sanitary Sewer Hookup - 920 Golf Course Rd. In accordance with a letter dated October 24, 1991 from James Marka, we are writing to inform that we have contacted Carlie Karg, a licensed installer, to either recertify our septic system for a variance or to hookup to the sanitary sewer in the spring He has not yet had the time to do the recertifacation, if that is what we choose to do, but we trust this will answer any questions of our intentions, We will do whatever is necessary or required, but hookup will now have to wait until spring. . Sincerely, Eugene and Audrey Cox 920 Golf Course Rd, Hutchinson, MN 55350 Phone 587 -2457 Is FOR YOUR INFORMATION November 11, 1991 Dear City Council, The following is a copy of the letter I sent to James Mark& concerning the Delaware Street sewer system hook -up and how it affects us. Sincerely, LAIC k. btV) LeAnn K. Olson MOV 1991 RECFjVF,D AY... • 1312 Delaware Street Hutchinson, MN 55350 37 Washington Avenue West Hutchinson, MN 55350 Dear Mr. Marka, � �3 S November 11, 199l/ 991 h Nov 1991 N RECEIVED cO BY I am writing in regard to the letters we received concerning our sewer hook -up. Last Fall, my husband Brad spent several evenings at the City council meetings concerning the Delaware Street city sewer being put in. Brad spoke with the council members specifically at three different meetings about our in- ability to meet the financial obligations of this project. He told the council that we understood the necessity of having city sewer and how it would be to our advantage, but the City would have to work with us. Brad left those meetings with the understanding and confidence that the council understood our financial dilemma and any added expenses to our present financial position would be devastating. They said they would work with us - no problem. Well, we've gotten our assessment which I have no idea how we'll be able to even begin paying for. And then we're notified that we have to hook up to the sewer. Hooking up to the sewer system, in our case, means breaking up our front sidewalk and replacing it - not to mention the re- plumbing that has to be done in order to make installation more efficient and reachable. We cannot do it. Brad and I have a combined income of less than $25,000 per year. Brad has finally completed his schooling with a $120,000 student loan obligation to repay - not to mention the $20,000 I owe. We have children. We have bills. We are trying to make something of our lives. But it's a struggle. We have a septic system that is functioning perfectly. The septic tank was just pumped clean - which we do every year. We have no failure history with our system. And here we are with an assessment that we cannot even think about paying at this time. And we are being pressured to hook up to sewer system which for us is unnecessary. What are we to do? The answer for us is evident - there is nothing we can do. We cannot afford to at this time. • Sincerely �Xn L. �( LeAnn K. Olson Liquor store Comparison 0 MINUTES HUTCHINSON FIRE DEPARTMENT REGULAR MEETING . Monday, October 7, 1991 Meeting opened at 8:00 P.M. Application of Jeff Shaefelt, Jeff Nies, Ryan Huls were read. Rob reported the fire department jackets are for sale, sign up in control room. Chris reported election sign up sheets will be In control room. Sign up If Interested. Dave Fransen resigned effective 10 -7 -91. Motion was made and seconded to accept with regrets. Motion was made and seconded to rescind September election results and re -elect In accordance with election by -laws. 6 111 s and runs were read as follows: CITY AND RURAL BUDGET Coast to Coast 5.90 Bruce Precht 5.75 Coast to Coast 5.91 Orlin Henke 6.75 Coast to Coast 3.59 Kurt Reiner 16.25 Hager Jewelry 40.00 Hutch Wholesale 25.07 Clareys Safety Equip 29.55 Hutch Wholesale 15.97 Two Way Communication 10.00 Hutch Wholesale .34 Two Way Comm 55.00 Hutch Wholesale 5.22 Two Way Comm 15.00 Bennett Off ice Supp. 10.00 Brad Emans 10.00 Two Way Comm 60.50 Randy Redman 2.25 Two Way Comm 60.00 Steve Schramm 850 Casey Stotts 375.00 Jim Brodd 1.25 Clarey's Safety 3,141.35 John Reynolds 1.25 Total $3,950.40 0 Hutchinson Fire Department Minutes 10 -7 -91 o GENERAL BUDGET Sids Foods 19.65 3 Star Service 242.82 Metro Fire Equip 1,547.22 9 -17 Goebels Hager Jewelry 3.00 Northland Bev 17.00 Brad Emans 10.65 Jeff Dobratz 8.21 Municipal Liquors 60.61 Hutch Fire & Safety 72.50 Standard Printing 57.60 Uniforms Unlimited 60.20 Positive Promotions 179.00 TOTAL $2,278,46 DRILLS ANO R M • 9 -2 Rec Center 9 -17 Goebels 9 -3 Odd Fellows Park: 9 -17 Miscavage 9 -4 VanZee 9 -22 Todnem 9 -4 McDonalds Sales 9 -24 DeCathelineau 9 -6 3M 9 -28 Citizens Bank 9 -7 City Hall 9 -9 Drill /Meeting 9 -9 Mutual Aid Stewart 9 -16 HTI Drill 9 -10 Mutual Aid Glencoe 9 -23 CIM Refresher 9 -14 Hoffman 9 -30 CIM 9 -17 Mutual Aid Brownton Motion was made and seconded to approve bills and runs. Donavan Holtberg was elected to full time status effective 10 -7 -91. Motion was made and seconded to destroy election ballots. On second election Craig Almquist was elected on to full time status • effective 10 -7 -91. Hutchinson Fire Department Minutes 10 -7 -91 applicants on reserve by application. Motion was made and seconded to put app Jon Buf °ks "Tom Caouse, and Jerry BolIIn were put an reserve effe; five 10- 7 -91. Motion was made and seconded to air brush logo on new pumper. George reported Fire Prevention tours will be posted if available, please sign up. Randy retorted stress debriefing starts at 7:00 P.M. at Country Club. Steve reported water heater Is leaking, parts are on order. Brad reported Bruce has been working hard with Fire Prevention and has done a super Job. Brad reported on the new procedures fro rural medical. Meeting adjourned at 9:30 P.M. Respectfully submitted, Bob Schantzen, Secretary MINUTES HUTCHINSON FIRE DEPARTMENT OFFICERS MEETING Monday, October 21, 1991 Meetfng was called to order at 8 :30 p.m. Brad reported on budget cuts. Brad reported that we have to take on a more professional attitude and show more courtesy to people who come out to talk to us. Meeting adjourned at 10:00 p.m. Respecfuily Submitted, Bob Schantzen Secretary 40 0 0 Hutchinson Community Development Corporation Board of Directors Wednesday, October 2, 1991 Firstate Federal Board Room Directors Present Jarnes Bullard - Chairman Larry Fraser William Craig Phil Graves Larry Graf Carol Haukos FOR YOUR INFORMATION Others Present John Bernhagen -Exec Director Kathleen Skarvan - Chamber President Gary Plotz - City Administrator Finance Committee Members (7:30 -8:00) DuWayne Peterson Gregg Brent Schmeling Jim Young MINUTES The meeting was called to order by Vice Chairman, Carol Haukos. Motion was made by Fraser, seconded by Craig and carried to approve the minutes of September 4, 1991 and the September 9, 1991 reorganization meeting. Motion by Graves, seconded by Craig and carried to approve the Treasurer's Report. • Motion by Fraser, seconded by Haukos and carried to approve having HCDC be the organization to administer McLeod Counties Minnesota Housing Finance Agency (MHFA) Deferred Loan Program. The community was asked to do this by the county for the 14% administrative expenses authorized by the program. The total allocated to McLeod County for this program Is $ 70,720. Bernhagen expressed a desire to have an ad hoc committee appointed to study the various housing programs available and the best way to administer them. Connie Mangan and Bernhagen will put together background material for a committee composed of representatives of HCDC, Hutchinson HRA, and the City. The board reviewed the minutes of the annual meeting and felt they were in order for approval at next year's annual meeting. It was felt the meeting went very well and made special favorable comment regarding Tom Daggett's presentation about their Hutchinson Mfg. and Sales company. The board, along with members of the Finance Committee, next heard a presentation by Ken Santelman pertaining to Realife Cooperative, a housing concept. In the absence of Dick Hanson, the director of the program, Ken Santelman' made the presentation based on his knowledge. Consequently the technical questions will be addressed by a subcommittee consisting of Larry Graf, Larry Fraser, DuWayne Peterson, and John Bernhagen. It was also suggested to have the ministerial association become Involved. Ken will be setting up additional contacts. Chairman Bullard reappointed the board members to the same committees as during the past year. Fraser and Craig will contact the members that didn't respond to the questionnaire as to whether they desire to continue as members. • Motion by Craig, seconded by Graf and carried to approve Sharon Adams )manager of Plaza 15 Properties) for membership. There being no further business the meeting was adjourned. PIONEERLAND LIBRARY SYSTEM BOARD FOR YOUR !l�F0RP��F1TI0ra October 14, 1991 Present: Arlen LaCombe Representing: Big Stone County Judi Bohm Chippewa County Dorothy Tebben Chippewa County Mark Dahl Chippewa County Howard Christiansen Kandiyohi County Jan Kreie " McLeod County Joanne Sneer " McLeod County Alvin T. Huff McLeod County Marie Schoener " Meeker County Howard Turck " Meeker County John Miller Meeker County Nancy Dickson Renville County Lorna Carlson Swift County Orville Rudningen Swift County Curtis Johnson Appleton Richard Baysinger " Benson Nancy Aaseth Bird Island John Nevins " Dawson Judy Sampson Fairfax Noel Phifer " Glencoe Sandy Casper Graceville Maxine Weinrich Granite Falls Howard Tengwall Kerkhoven Nancy Alsop Litchfield Judy Oestreich Litchfield John Schulstad Madison Helen Mahnke " Olivia LeRoy Sanders " Willmar Carol Conradi Willmar Richard Emery Willmar Absent: Laverna Birkland Representing: Kandiyohi County Peg Mossberg* Kandiyohi County LeRoy Jans Lac Qui Parle County Marcie McLaughlin* Renville County Lois Anderson Yellow Medicine County Myron Hagelstrom Yellow Medicine County Kelley Johnson Hector William Scherer Hutchinson Dolores Brunner* Hutchinson Monte Matheson Ortonville Kevin Mulder* Renville * Excused absence Also present: Burton Sundberg, Director Katherine Matson, Associate Director Ric Dubois, Bookmobile Nancy Hoffman, Bookmobile The meeting was called to order by President Emery at 7:30 p.m. Roll was taken. Mr. Sundberg introduced the Bookmobile staff (Ric Dubois and Nancy Hoffman). Each gave a summary of their work along with interesting facts to support the importance of the Bookmobile. Meeting was recessed while Board visited the Bookmobile. • Motion was made and seconded to send flowers to the Bea Thompson memorial service; she was a long time board member (Turck /Schoener), passed. Motion was made and seconded to approve the minutes of the August 12 PLS Board meeting (Sneer / Conradi), passed. Motion was made and seconded to approve the Financial Report for August and September (Conradi /Bohm), passed. Mr. Sundberg reviewed the third quarter financial report. He pointed out our expenditure should be at 758 but is at 818. He walked us through the various expenses. He explained the steps he has taken to get it under control and feels he will have a better handle on it by the end of October. Mrs. Matson reviewed the monthly statistical and activity reports that were distributed. Newspaper clippings from the various libraries were passed around. Mrs. Matson asked us to pay attention to the article on our Summer Reading Program where 3,500 children participated. Mrs. Matson reported 18 people from PLS attended the annual meeting of SAMMIE on September 20. Five of our people were on the program. Total attendance at the meeting was between 75 and 100. Mrs. Matson reported there will be no fall staff workshop due to a freeze on staff mileage. Mrs. Matson reminded all members of the MIFLA Convention on Saturday, November 2. More information may be obtained from her. Motion was made and seconded to pay all bills (LaCombe /Bohm), passed. Mr. Schulstad reported the work of the Search Committee is on schedule. Minutes of the Search Committee meeting of September 10 is attached. Jan Kreie gave an update on the progress of the Automation Committee. She dis- tributed information about the systems and some of the costs. The minutes of the September 17 meeting are attached. _ - Mr. Emery reported the Personnel Committee is still reviewing the policy manual and expects to have the review completed by our next board meeting. • Mrs. Matson reported on the progress of the Public Relations Committee and how great a committee it is to work with. They have developed a one, two, three, and five year public relations plan. Some of the projects are: a contest to develop a new PLS logo, .sale of tote bags, development of a file for adult and children's programs, a common letterhead, decals for doors and windows of member libraries identifying the library as a PLS member, a portable display for fairs, etc., and an individual library story to be coupled with the PLS story that tells what we are doing for our communities. Mr. Sundberg discussed the responses he has received from the local governing units regarding the approval of the 1992 budget and request for automation funding. He asked board members of the governing units not responding positively to be contacted and encouraged to approve this necessary funding. Mrs. Matson reported President Emery signed the "Results Accomplished Report" required by the Office of Library Development and due October 1. Mr. Sundberg reported on the membership change of the PLS Board. Hutchinson and Willmar each will gain one more board member while Renville County will lose one. President Emery directed Mr. Sundberg to make this change. Motion was made and seconded to take off the table the Ad Hoc Committee's recommenda- tion of changing the agreement to allow a board member to serve a maximum of three consecutive terms rather than two (Nevins / Schulstad), motion failed. The Finance Committee will meet November 11 and the full board will meet on December 9, 1991. • Meeting adjourned. Noel Phifer Secretary J,., lq 1 . 91 1NIE4RAItU TINA T >.tl c 1 51 01 FU40 REVENUE GU. NE _ L19 RARY _ CA R pI,SQ[{gjll}j. ,_ pRER PLS ____, C ACCOUNT -- D E{C" ION B UDEN.L_ _ACTUAL 1. 1 BUDGET THIS -MONTH ® BALANCE CARRIED FORWARD $ 7,053.50 J1J RECEIPTS • LOyYIY 34 Octab.r 1991 1FS163 PAGE 1 • AS OF 10/91 EJO: 11/04/91 14:50:5. PERCENT OF YEAR eat O • 5100 RESERVE 34,014.00 .00 5 136,439.17 5101 _. RASIC STATEMDEEAL _ 061D. 365.000.00 _______�2.1 ?1•UO ZY4,195.00 7J.805.UO 510Z FEOtRAL ESTABLISHMENT GRANT 15,121.00 .00 2 ',973.00 .UO 5110 Al' SiONF COUNTY 22,973.OU 5,743.25 111,599.00 4.401.00 5115 CHIPPEWA COUNTY 77,Z95,00 Lou 75.126.00 �•i 512U 5122 KA4DIYOHI COUNTY LAC 9UI PARLE COUNTY _ 116.OU0.0U 31,673.OU _19,320.75 27,533.00 7,Y14.25 41,7.O.OU I " $125 mC LEUD-CUU Y__ -__ " ". -- .__._ ._.75,126,00. .. _ _.1..751.5 25,204.00 .00 SIlJ MEEKER COJ47 71.015,00 11.753.75 19,353.9' • 5.132 RENVILLc COUNTY 4),719.00 lu,00.75 27,4b2.00 .UO 100 _____.. __ "___.__ .- ) -.. .8,985.'0 .._ . 22,043.00 .00 5137 YELLO M MEDI INE COUNTY 25,204 00 6.3O1.00 4,149.DU .00 5140 AP PLET 9,677 00 1.419.25 20,719.OU � 5145_BENSON.. 13,3UO.OU .00 101 95,732.00 .UO 5148 FAIRFAX 9,ZUB.00 2,JOZ.00 15.148.00 .00 5157 GLFNCJF 27,4,2.00 b,B7u.50 14,940.00 +• 5155 GRACEVI _ 4.030,00 ._. 1,OD7.50 44,014.40 G• 5157 GRANITE FALLS 22,043.O1) 5.110.75 40 2,93Z.35 5160 HUTCHINSON 90,004.00 15.001.00 5165 KERKHUVEN _.__. _ 4.148.00._ _ 1.037.00 5705 AU Ti7MA I10N FUND ;y 517V LITCHFIELJ 43,5Z6.00 lU,tl 81.50 ® FTC 5172 )LIVIA 20,719.00 5,179.75 1,390.00 0 5175 OdTJNVILL. _. _ . 13.300.00 _ 3,325.UO 1,SOU.UO 7,270.OU 51SU WILLMAR Y5.732.OU 23.933.00 ® 8,506.00 S'10, 5 AIR,) ISLAND 9,ZUB.OJ 2.302.u0 •� ,)__DAMSON _. .. 1),140.00 $.287.00 2,007.00 •� 5191 HECTOR 8,057.00 . .UO 1 SZOU hA 0I SJ 504 14.940. OU 3,735.00 TOTAL OTHER FUNDS 29,011.00 5295 RENVILLt .. .. __. _. "_. _10.319.00 .. .____2,594.75 ♦♦ 5410 CASH RECEIPTS 8 SALES TAX 50,000.00 3.601.98 Ig I +• 5420 GIFTS 3,000.00 27.90 282,671.02 •• 5430 INTEREST_ 7,500.00 _.. 309.15 FINAL TpTAIi 46 ACCOUNTS • TOTAL 0.ECE iPTS 1.318,516.00 275,684.27 ACTUAL _ BOGY - ACT _ 720 0.EIMBUSEME NTS (LOCAL GOVERNMENT) YEAR -TO -DATE DIFFERENCE PCT 5 136,439.17 (® '� .00 34,014.U0 0 ZY4,195.00 7J.805.UO 91 15,121.00 .UO Lou 2 ',973.00 .UO 100 77,245.OU .UO 100 111,599.00 4.401.00 96 31,673.0,) .00 Lou 75.126.00 .00 107 71,01S.00 .00 IOU 41,7.O.OU 41.00- l0U 35,942.00 .UO IOU 25,204.00 .00 100 9,677.00 .00 LOU 19,353.9' .VS- 100 9,2U8.00 .u0 IOU 27,4b2.00 .UO 100 4,030.00 .00 100 22,043.00 .00 104 60,OU4.DU .00 100 4,149.DU .00 100 41,526.011 .00 100 20,719.OU .UO 100 13,3UO.OU .00 101 95,732.00 .UO IOU 9,206.00 .00 100 15.148.00 .00 100 8.057.00 .U0 100 14,940.00 .00 100 13,159.00 .JO 10i 44,014.40 5.985.60 86 2,039.60 960.40 66 4,5,7.65 2,93Z.35 61 1,239,459.60 119.U56.40 91 `� • 720 0.EIMBUSEME NTS (LOCAL GOVERNMENT) (® '� 5601 REIMBURSEMENTS - CHIPPEWA COUNTY 16,000.00 4,544.61 17,645.83 1.645.83- 110 N _.sd20__OLIVIA ..(PERSONNEL)- _.__- _____._ 92 }.OU_.._.. ____ . .UO _ 975.09 .00 IOU 7 532> Rtl8lURSEMENTS - JL)VLA (MATERIALS ONLY) 4,849.00 .UO 2,948.53 2,ODU.47 59 ®� 563U R.c IMAURSEMENTS - BENSON (MATERIALS ONLY) 1.309.00 .UO 1,615.00 226.90- 116 5d41 RELNS - CHIPPEWA-COUNTY ( MATFNIALS LNLY) 25.010.00 _.._ _. 1 00 30,000.00 4.996.00- 120 f•, 5651 REIMB - MONTEVIDEO (MATERIALS ONLY) 13,764.OU .QO I,OU2.5U 6,701.50 51 °� • TOTAL REIMBUSEMENTS (LOCAL GOVERNMENT) 62,027.00 4,548.61 60,106.86 1,920.14 97 �;�'•� • J3u 'OTHER R.143JRSFMENTS _ Sd50 FAIRFAX GIFT .[MATERIALS) 3.000.00 .00 3.00D.00 .00 111,1 �'�.. Sd7U OTHER PEIMBURSEMENTS_ _. _ - 2,500,00 _ 138.18 8,357.71 5,857.71- 304 '.'I • TOTAL OTHER REIMBURSEMENTS 5.500.00 93d.1B 11,357.71 5 207 • J50 OTHER FUNDS ®,' 5705 AU Ti7MA I10N FUND 1,648.01) .00 5,544.30 .30- 100 1 NIIJ GLE.NCUE FONO 1,390.OU .00 .00 1,390.00 0 ___ 597U KCNL 10,467.00 1,SOU.UO 7,270.OU 3.197.00 69 ®;•j 5V ?5 LOCAL EQUIPMENT C MISCELLANEOUS 8,506.00 .UO .00 8.506.00 0 •� 5950 SALLS_TAX__... __ ___ _2,000.00 _______ • 110 .00 2,007.00 0 __ __ _ __ 5960 SMIF -FAX GRANT 3,000.00 .UO !,000.03 .00 Lou ®b:� • TOTAL OTHER FUNDS 29,011.00 1,500.00 13,918.30 15,092.70 48 ® •• TOTAL LIBRARY 1,455,054.00 282,671.02 1.324,642.47 130,211.53 91 f'I 0E1 w• FINAL TpTAIi 46 ACCOUNTS 1,455,054.00 282,671.02 1,324,842.47 170,211.53 91 ® ,j TOTAL RECEIPTS AND BALANCE $ 289,724.52 $ 1,461,281.64 42/31,46 PTJ4cEAL.4j LI6RAR( SYSTEM C3J4TY 1. October 1991 10/11/11 INTEinATE. FINANCIAL SYSTC% • 131 PLRSQVAL SERVICES 1FS163 PAGE )b:t E:OJ 01 FUND EXPENDITURE GUIDELINE AS OF 10/91 FJO: 10/11/91 16:14:'. 5105 SALARIES A40 WAGES 864,159.00 73,155.31 _- -- Bb HEALTH I --- CENT OF YEAR 95 +. PERCENT 5:2,07711 JI ESLAIP_IS➢ _ [ URAENS A MAX ___ ACTUAL _ AC ____ _ -5111 _ 4111 4cALTN INSURANCE:- DEDUCTIBLE BUDGET THIS -%UNIX BUDGET YEAR -TO -DATE OIFFERENCE PCF _.31 _ LL3,AkT _- _ -_ - - -. - $a -- - • 131 PLRSQVAL SERVICES 32. 1,043.21 31,071.63 L,070.63 10) 5105 SALARIES A40 WAGES 864,159.00 73,155.31 155,059.56 126,0 Bb HEALTH I --- a-900-0a - 2"5Q.96 ___23,024,25 _ _ 975,T5?5___. 137 _ -5111 _ 4111 4cALTN INSURANCE:- DEDUCTIBLE 4,000.0. 151.34 3,063.27 936.73 77 5133 Rc TIRt44NT INSURANCE 40,070.00 b,241.il 62,959.79 7,910.21 91 • _77 ML- PFA513ri4L 3EAY1SE3 _- .__-- __1.9DQ, 0.29, 0p___� 3.03Y.12 _ _ _864,106,87 ._L35,922.13 _86_ 90 S20> AJO%S - AOULT IL4,000.00 6,155.76 - - 101,471.23 - 13,524.77 $a -- - $21) AJ345 - CHILOREY 32. 1,043.21 31,071.63 L,070.63 10) - 5215- LEYEP.,It REFiRE'SEF .16,000, OJ -_ - -1, 5T.5, 50__ 12,411.14 6,410._14- 140 5220 PERIDJICALS 26,750.00 559.30 36,672.54 4,922.54- 137 5125 PAMP4LETS 1 300.00 .00 55.59 244.41 19 6 Z -x nL.1.91A L[AAA WT FR IALS t -$ 9-0 .00 2 355,. 166.00 5 4 f SZ11 4CNSDN LIBRARY MATERIALS 1,34 31.86 1,256.03 132.97 90 SZ32 FAIRFAX SIFT MATERIALS 3,ODO.00 .00 .00 3.000.00 U _- S435_CHI"- FMdC ➢ U 4 TY L[eRAMY *tATiR1k S 25.0 10.,0 0 5240 MONTEVIDEO MATERIALS 13,764.00 605.53 9,891.49 3.692.51 72 62A5 104 FILMS 4.000.00 .00 1,800.00 2.200.00 45 41_35.. _._._4,3Y7.49 A25> 40013 01SCS AND TARES 400.00 29.55 S1S. 415.41- 204 625J SLIUFS AND FILM STRIPS 250.00 .00 .00 25U.00 U 5155 = L'RFJ 1 J5.0U 266.00 _12 _ -_._ 4270 814JLYG ._._?GO.OD_ 1.000.00 _____.UO .00 499.24 530.76 41 • TOTAL MATERIALS 2A6,032.00 11,016.87 231.526.23 16.505.7? 93 • 120 CATALOGING _21 __. ___4,947_76_ 130 8320 CUM VE4304 CHARGES 24,000.00 6.587.75 23,656.97 3V.U3 97 • TOTAL CATALOGING 40,608.00 6.587.75 45,212.73 4.604.73- 111 • 13U VE41CL`.S -- ___ . ._ - -. __ -_._ _ _ - - 5$51 _lFc&ALIJ ANO MAT 4T2 4A4.F_ Up____1. 699.0 _ 1?,553.51 1.746.49_ _ _. Bd_ _ 5360 INSURANCE 3,415,00 .00 2,304.67 1,110.33 67 S37U A.IDATIZATION 6.000.00 .00 .00 6,001.00 J '! • _]3[AL_YE111CLE ________ ;¢._015.99 -- _ 1.903,.0 _15,158.18 10.056.02_ 50_____ • SJ u , P R T 6.55 NEW E 6460 A/V E4UJU VME NT E QUIPMENT T TENA4fF WD LONTRALLS • III AI ' .00 3. 750.19- 129 .00 1,000.00 .U0 101 1 ..618.64 15,29(.1 _2,281, 10 9 1.618.64 20,695.74 2,040.1 111 • 150 OT4 ER - -- ___ . ._ - -. __ -_._ _ _ - - S414 TENA AND LINE CX AP GES 9,000.00 699.0 9,523.05 623.05- 107 5420 TERMINAL MAINTENANCE 1,00 0.00 .000 .OY 1,000.00 0 &%10 POSTAGE AND SMIPPrNa 12, 711.09 757.60 10,265.5S__ 2.449. ♦5 8 1 • T3f4L COMMUNICATION 22.715.00 1,456.90 19.848.60 2,626.40 86 • SJ u , P R T 6.55 NEW E 6460 A/V E4UJU VME NT E QUIPMENT T TENA4fF WD LONTRALLS • III AI ' .00 3. 750.19- 129 .00 1,000.00 .U0 101 1 ..618.64 15,29(.1 _2,281, 10 9 1.618.64 20,695.74 2,040.1 111 • 150 OT4 ER - -- ___ . ._ - -. __ -_._ _ _ - - F 0 PRI Yii G 2 2T�5$L_O I I OT4.3 8_c3. 2 290, OD_ 5 5,ko-A. 00 0 0 _55121 - Sllf F I.DGO.Ou . .U0 1 1.465.4 0 06>..0- 1 1 5321 MIL2A.F AND MEETINGS - STAFF 6 6.000.00 5 514.08 S S,7d.24 2 271.76 9 95 SS25 MILFAJE AND MFFf TNGF - T RUIIE PS 4 4.0. 9.9.- 1 10]-1 . .4,127,0 - - __127.0 '. 6>30 PROF. ME46EMSMIPS (TRUSTEES) 4 400.00 . .00 2 234.00 1 166.00 5 59 ' 5335 INSJRANCE 1 11,500.00 . .00 1 12,022.00 1 1.372.00- I Ill SS_ Ant Av 01E. 9 9-9 _ _5_,.50 3 314.lk_2.3..e2- 170 SPECIAL $605 AUT3•4TION FUND 4.1af+FN - = WENDS 19 -A 5670 ACWL Sill LOCAL E4VIPME4T STATE SALES_I 6R60 FAMILY TIES FUND 3*90 SMIF -FAA 3, 648.n0 .00 1,6.8.30 1.390 00 .00 _22.61 10,467.00 4,197.00 7.b1.6J B,SJS.3U 721.00 0 ,911. 7 9 5 SJ0.00 3.2.45 302.41 3, 00.10 .UO 1.005.00 _29- 511.00 _------- 5.615.16__.___2 ,30- 100 1.317.19- ll> _ Si.JA _ _.9 157.55 48 6.00- 100 3.3TO.31 89__ i ___ -- - ___ I.55S.059,9D_ .._ ... 115.059.30 __._1.2d7,417.02._ _. 166,641_96. __ 69____ EL9AL. f sz�ACCOUxis 14 45 40052 -00-L15-651-90 _ 6ALANCE LEST ON NAND 5 173,864.62 S 173.864.62 I ,30- 100 1.317.19- ll> _ Si.JA _ _.9 157.55 48 6.00- 100 3.3TO.31 89__ i ___ -- - ___ I.55S.059,9D_ .._ ... 115.059.30 __._1.2d7,417.02._ _. 166,641_96. __ 69____ EL9AL. f sz�ACCOUxis 14 45 40052 -00-L15-651-90 _ 6ALANCE LEST ON NAND 5 173,864.62 S 173.864.62 I ) l l l l 7 i J 10/24,•91 -- --- HUTCH INSON"U TIES - � - - -- PAGE - i - - - --- ---- - - -- BAL SHEET SEPTEMBER 30, 1991 FOR YOUR INIRMATION c ;+ ' • r • +� TOTAL * � ■ K ASSETS UTILITY PLANT - AT COST LAND A LAND RIGHTS 790,012.25 DEPRECIABLE UTILITY PLANT 25,912,930.79 _ TOl'iiL UTILITY PLANT 26.702,943.04 - - - --- LESS ACCUMULATED DEPRECIATION _(14,053,706.34) TOTAL ACCUMULATED DEPkECIATION . C14,053,706.34) - CONSTRUCTION IN PROGRESS 850,482. TOTAL CONSTRUCTION IN PROGRESS 850.482.57 TOTAL UTILITY PLANT DEPREC VALUE 13,499,719.27 RESTRICTED FUNDS & ACCOUNTS FUTURE EXPANSION 8 DEVELOPMENT 8,073,000.00 ". MEDICAL INSURANCE �� - ` - --- — ` ----- - - - � -- 100,000.00 BOND d INTEREST PAYMENT 1986 477,345.74 1986 BOND RESERVE 392,000.00 CATASTROPHIC FAILURE FUND _ ._- . 750,000.00 TOTAL RESTRICTED FUNDS 6 ACCOUNTS 9,792.345.74 _---- -__------ - - - -�_ CURRENT A ACCRUED - ASSETS -- - - - --' CASH IN BANK 2 985,136.60 INVESTMENTS A SAVINGS ACCOUNTS 80,077.61 " ACCOUNTS RECEIVABLE ..... . —_ —.. 1,219,271.42— ______.____. INVENTORIES 542,417.85 PREPAID INSURANCE 72.291.93 ..... . ACCRUED INTEREST RECEIVABLE ____,_� _ - -- " - -._- 377.678.70 TREASURY BILL DISCOUNT (60,980.95) TOTAL CURRENT 6 ACCRUED ASSETS_ I 5,215.893.16 DEFERRED CHARGE BOND DISCOUNT 1986 60,661.93 _ CLEARING ACCOUNT ___ - -__. -.. 12.07 .TOTAL DEFERRED CHARGE - 60,674.00 TOTAL ASSETS 28,568,632.17 t ' - _ -- - - 10/24/91 HUTCHINSON LrrTjtjk�TIES PAGE - - i -- '-- ---- - -___� - COMMISSION HUTCHINSiq INNESOTA WE STATEMENT OF & EXPENSES SEPTEMBER 3Q , 1991 FOR YOUR I RMATION _ . - - PREVIOUS -- . CURkENT BUDGETED BUDGET ANNUAL YEAR TO DATE YEAR TO DATE YEAR TO DATE DEVIATION BUDGET INCOME STATEMENT OPERATING REVENUE - SALES — ELECTRIC ENERGY 7,104,325.55 7,281,851.54 _ 6,957,307.50 324,544.04 9,1.53,250.00 SALES FOR RESALE 3,267.26 48,620.00 .00 48,620.00 .00 ". NET INCOME FROM OTHER - SOURCES _. _._._.. _._.... 37, 026.05_43,565.9224,837.99 18,727.93 38,461.54 SECURITY LIGHTS 10,110.50 9,626.50 11,400.00 (1,773.50) 15,000.00 - �' POLE RENTAL 3,832.50 1,564.50 1.000.00 564.50 4,000.00 SALES — GAS 487.66 357,587.66_ 4,330,000.00 ._ ._._..__.._.__.2,849,632.84___ TOTAL OPERATING REVENUE 10,008,194.70 __3,308, "__2,.950,900_00 10,693,716.12 9,945,445.49 748,270.63 __.. . 13,540,711.54 " 1 . i OPERATING EXPENSES - PRODUCTION OPERATION 413,441.94 478,766.29 423,675.04 (55,091.25) 537,588.00 PRODUCTION MAINTENANCE 44,445.32 129,421.77 123,529,00 (5,692.77) 314,050.00 - ' _ PURCHASED POWER _3,550,100.11 3,566,246.76 3,243 953.18 (322,293.58) 4,448,894.00 TRANSMISSION OPERATION __ 1.467.03 789.86 820.00 30.14 3,600.00 -- TRANSMISSION MAINTENANCE 28,155.54 22,826.76 17,955.00 (4,871.76) 10,000.00 _ - ELECTRIC DISTRIBUTION OPERATION ___ 117,982.41 116,206.08 120,776.70 4,570.62 - ELECTRIC DISTRIBUTION MAINTENANCE 75,476.04 95,013.95 83,104.00 (11,909.95) ,:153,190.00 106,600.00 MFG GAS PRODUCTION OPERATION 1,421.74 2,541.30 1,382.00 (1.159.30) 31200.00 MFG GAS PRODUCTION MAINTENANCE .00 850.31 _. _ .00 — (850.31) 500.00- PURCHASED GAS EXPENSE ._._ 2,6 26.920.56 .2,943 500.26 _. - -- —.__. 2 . 721,600.00 - _ . -- 0221,900.26) ._ 3,960,000.00 GAS DISTRIBUTION OPERATION 152,389.71 144,441.95 142,683.50 (1,758.45) 193,870.00 - GAS DISTRIBUTION MAINTENANCE _ 19,061.30 _ 996_66 26,583.00 4,586.34 r. CUSTOMER EXPENSES 93,769.35 90,617.12 90,314.90 (302.22) 128,154.00 i CUSTOMER SERVICES 13,574.13 13.638.36 14,136.00 497.64 18,600.00 ADMINISTRATIVE 6 GENERAL 677,278.78 773 7 43,906.30 (2 9.262.80),982,3i8.00 DEPRECIATION 573,300.00 _169_19 600,525.00 664,581.00 64,056.00 800,700.00 ' TOTAL OPERATING EXPENSES 8,388.783.96 9,000,551.53 8,418,999.62 (581,551.91) !1,724,464.00 ` OPERATING INCOME 1,619,410.74 1,693,164.59 1,526,445.87 166,710.72 1,816,247.54 -- 1 _ ' OTHER INCOME OTHER — NET 90,843.38 48,596.94 90,240.00 (41,643.06) 123,500.00 j INTEREST INCOME 421,981.69 556,686.88 446,955.84 109,731.04 876,384.00" M ISC INCOME 38.875.50 4, 130.32 3 2:.,5.00 875.32 10, 500. GG _ TOTAL OTHER INCOME 551,700.57 - 609,414.14 540,450.84 68,963.30 __ 1,010,384.00 OTHER EXPENSES _ MISC EXPENSES 92,969.85 21,101.48 88,840 00 67,738.52 116,000.00 - INTEREST EXPENSE 123 105,790.13 104,066.48 (1,723.65) 138,748.00 - TOTAL OTHER EXPENSES .. _... . 216. 075.00 126,891.61___ 66,014.87 _ 254,748.00 NON — OPERATING INCOME 335,625.57 482,522.53 347,544.36 134,978:17 755,636.00 NET INCOME 1.455 .2,175,687.12 1,873,990.23 301,696.89 2,571,883.54 10/24/91 - -" HUTCHINSON U TIES COMMISSION -- " -- PAGE PAL SHEET SEPTEMBER 30, 1991 w w w w TOTAL rt w w w MUNICIPAL EQUITY & LIABILITIES._..,. - MUNICIPAL EQUITY MUNICIPAL EQUITY 23,163,216.53 UNAPPROPRIATED RETAINED EARNINGS 2,175,687.12 _ _ CONTRIBUTION TO CITY (412,500.00) TOTAL MUNICIPAL EQUITY 24,926,403.65 LONG TERM LIABILITIES -NET OF ' CURRENT MATURITIES 1986 BONDS 2,635,000.00 TOTAL IONf. TEEM LIABILITIES 2,635,000.00 - CONSTR CONTRACTS 6 ACCTS PAY RETAIN TOTAL CONSTRUCTION & ACCTS PAY .00 CURRENT & ACCRUED LIABILITIES ._. NOTE PAYABLE - LEASE PAYABLE 2,126.41 ACCOUNTS PAYABLE 709,066.40 INTEREST ACCRUED „_, ___ _ 46,870.25 ACCRUED PAYROLL 33,311.01 - ACCRUED VACATION PAYABLE 107,201.24 ACCRUED MEDICAL FUND CUSTOMER DEPOSITS 560362.86 OTHER CURRENT A ACCRUED LIABILITIES (928.07) TOTAL CURRENT_& ACCRUED LIAB ,__ „ -____- _,_,_, _ -.,, ._ "__. _ 1,007,228.52 _TOTAL MUNICIPAL EQUITY 6 LIAB _ _. - "28,568 _.-