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cp11-09-1993 cHu rcH / NSON C1 Iry CALENDAR Week of Nov. 7 to Nov. 13 1 9 9 3 WEDNESDAY -10- I�10:00 A.M. - Directors Meeting at City Hall SUNDAY -7- THURSDA' -11- VETERANS DAY ALL CITY OFFICES CLOSED MONDAY I TUESDAY _g_ -9- 6:30 P.M. - Special Closed City Council Meeting at City Hall 7:30 P.M. - City Council Meet at City Hall FRIDAY SATURDAY -12- 1 -13- • AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 9, 1993 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Harold Biederman, Bethlehem United Methodist Church 3. CONSIDERATION OF MINUTES Regular Meeting of October 26, 1993; Special Meetings of October 26, 1993 and November 3, 1993 Action - Approve as distributed - Approve as amended 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - OCTOBER 1993 • 2. TREE BOARD MINUTES OF SEPTEMBER 27, 1993 3. AIRPORT COMMISSION MINUTES OF OCTOBER 25., 1993 (b) APPLICATION FOR SNOW REMOVAL PERMIT 1. JIM HAASL 2. RICHARD EWERT (c) APPLICATION FOR CHRISTMAS TREE SALES PERMIT BY CINDY BEADELL (d) APPLICATION FOR DANCE PERMIT BY EILEEN DIAZ Action - Motion to order report and minutes filed and issue permits 5. PUBLIC HEARING None 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION ON CONTRACT WITH PIONEERLAND LIBRARY SYSTEM BY DELORES BRUNNER • Action - • CITY COUNCIL AGENDA - NOVEMBER 9, 1993 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 10076 - RESOLUTION TO SUBSTITUTE PLEDGED SECURITIES TO FIRST BANK OF MINNESOTA, HUTCHINSON, MN Action - Motion to reject - Motion to waive reading and adopt (b) RESOLUTION NO. 10077 - RESOLUTION RELATING TO FINANCING 1994 IMPROVEMENT BONDS TO BE UNDERTAKEN BY THE CITY OF HUTCHINSON; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE Action - Motion to reject - Motion to waive reading and adopt (c) RESOLUTION NO. 10078 - RESOLUTION TRANSFERRING $50,000 FROM LIQUOR FUND TO GENERAL FUND Action - Motion to reject - Motion to waive reading and adopt . (d) RESOLUTION NO. 10079 - TRANSFERRING $249,588 FROM 1993 IMPROVEMENT BOND FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES Action - Motion to reject - Motion to waive reading and adopt (e) RESOLUTION NO. 10080 - RESOLUTION SUPPORTING THE HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY'S INTENTION TO DEVELOP MARKET RATE HOUSING Action - Motion to reject - Motion to waive reading and adopt (f) RESOLUTION NO. 10081 - RESOLUTION TRANSFERRING $43,000 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1982 TAX INCREMENT DEBT SERVICE FUND Action - Motion to reject - Motion to waive reading and adopt (g) RESOLUTION NO. 10082 - RESOLUTION TRANSFERRING $70,800 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1985 TAX INCREMENT DEBT SERVICE FUND Action - Motion to reject - Motion to waive reading and adopt E • CITY COUNCIL AGENDA - NOVEMBER 9, 1993 (h) RESOLUTION NO. 10083 - RESOLUTION TRANSFERRING $120,800 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1990 TAX INCREMENT DEBT SERVICE FUND Action Motion to reject - Motion to waive reading and adopt 8. UNFINISHED BUSINESS (a) CONSIDERATION OF BID ON SHEPPARD HOUSE (DEFERRED OCTOBER 12, 1993) Action - Motion to reject - Motion to approve (b) CONSIDERATION OF DEMOLITION OF SHEPPARD HOUSE (DEFERRED OCTOBER 12, 1993) Action - (c) CONSIDERATION OF REQUEST BY CITY STAFF TO REZONE PROPERTY ON FRANKLIN STREET FROM C -3 TO R -2 WITH FAVORABLE • RECOMMENDATION OF PLANNING COMMISSION (DEFERRED OCTOBER 26, 1993) 11 Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance NO. 93 -95 and set second reading for November 23, 1993 (d) DISCUSSION OF STRUCTURAL SPECIALTIES ARBITRATION CLAIM Action - 9. NEW BUSINESS (a) CONSIDERATION OF PROPOSAL FOR WORKERS' COMPENSATION MANAGED CARE Action - Motion to reject - Motion to approve (b) CONSIDERATION OF ESTABLISHING POLICY FOR TAX INCREMENT FINANCING FOR HOUSING PROJECTS Action - Motion to reject - Motion to approve e7 • CITY COUNCIL AGENDA - NOVEMBER 9, 1993 (c) CONSIDERATION OF TAX INCREMENT PLAN FOR PEACE LUTHERAN CHURCH PROJECT AND SETTING PUBLIC HEARING DATE Action - Motion to reject - Motion to approve and set hearing December 14, 1993 at 8:00 P.M. - Motion to waive reading and adopt Resolution No. 10084 (d) CONSIDERATION OF TAX INCREMENT FINANCING FOR AUGUSTA HOUSING PROJECT Action - Motion to reject - Motion to approve (e) DISCUSSION OF STATE AND HIGHWAY FUNDING FOR CITY PROJECTS Action - (f) CONSIDERATION OF TRUNK SANITARY SEWER AND WATERMAIN ASSESSMENT POLICY Action - • (g) CONSIDERATION OF CONSULTING AGREEMENT WITH BOLTON AND MENK FOR PROJECT NO. 94 -06 (OSGOOD /HAYDEN/LAKE /F I SCHER) Action - Motion to reject - Motion to approve (h) CONSIDERATION OF ORDERING PREPARATION OF REPORTS ON IMPROVEMENT FOR PROJECTS NO. 94 -03, NO. 94 -04, NO. 94 -05 AND NO. 94 -06 Action - Motion to reject - Motion to approve - Motion to waive readings and adopt Resolutions No. 10085 -10088 10. MISCELLANEOUS (a) COMMUNICATIONS 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS Action - Motion to approve and authorize payment from appropriate funds 12. ADJOURNMENT E. N • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 26, 1993 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen John Mlinar, Marlin Torgerson, and Don Erickson. Absent: Councilman Craig Lenz. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg, and City Attorney G. Barry Anderson (arrived at 7:43 P.M.). 2. INVOCATION The invocation was given by the Reverend Jim Marshall. 3. MINUTES The minutes of the regular meeting of October 12, 1993 and bid opening of October 25, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS • 1. FINANCIAL REPORT - SEPTEMBER 1993 2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY MINUTES OF SEPTEMBER 21, 1993 3. HUTCHINSON HOUSING, INC. MINUTES OF SEPTEMBER 21, 1993 (b) REPORT OF CITY INVESTMENTS (c) APPLICATION FOR SNOW REMOVAL PERMIT BY DONOVAN HOLTBERG, A.D.L.H. SNOW PLOWING (d) APPLICATION FOR CHRISTMAS TREE SALES PERMIT BY JOAN TURCK, TURCK'S TREES (e) REISSUANCE OF GAMBLING LICENSE TO AMERICAN LEGION (f) APPOINTMENT OF DENNIS KAHL TO AIRPORT COMMISSION The motion to order the report and minutes filed, to issue permits and license, and to ratify the appointment was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. • 5. PUBLIC HEARING None �� r • CITY COUNCIL MINUTES - OCTOBER 26, 1993 6. COMMUNICATIONS. REQUESTS AND PETITIONS (a) PRESENTATION ON PIONEERLAND LIBRARY SYSTEM BY DIRECTOR JOHN HOULAHAN Since Director John Houlahan could not come to the meeting, a presentation on the contract with the Library System will be made by Delores Brunner at the November 9, 1993 meeting. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93 -94 - 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 ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS The motion to waive second reading and adopt Ordinance No. 93 -94 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. . (b) RESOLUTION NO. 10074 - CERTIFYING ASSESSMENTS OF THE CITY OF HUTCHINSON TO THE COUNTY OF MCLEOD The motion to waive reading and adopt Resolution No. 10074 was made by Councilman Mlinar, seconded by Council- man Torgerson and unanimously carried. 8. UNFINISHED BUSINESS None 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS The motion to authorize discontinuation of service at noon on November 1, 1993, unless there were other arrangements was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (b) CONSIDERATION OF AGREEMENT WITH METRO -TEST INC. FOR DRUG AND ALCOHOL TESTING OF CITY EMPLOYEES Following discussion, the motion to approve the contract • with Metro Test Inc. was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 2 CITY COUNCIL MINUTES - OCTOBER 26, 1993 (c) CONSIDERATION OF 1994 ASSESSMENT AGREEMENT BETWEEN MCLEOD COUNTY AND CITY OF HUTCHINSON Following discussion, the motion to approve the 1994 assessment agreement was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (d) DISCUSSION OF SEMINAR ON "THE HUTCHINSON PROJECT," BICYCLE AND PEDESTRIAN FRIENDLY CITY Engineer Rodeberg reported on the recent seminar. He stated there were both short -term and long -term goals for a bicycle /pedestrian program in Hutchinson. There is the potential of having a "sister city" relationship with the community of Kerava, Finland. (e) CONSIDERATION OF ORDERING PREPARATION OF ASSESSMENT ROLL NO. 289, WAIVING HEARING AND ADOPTING ASSESSMENT ROLL, AND AWARDING CONTRACT FOR LETTING NO. 1, PROJECT NO. 94 -01, WALNUT RIDGE- -PHASE I UTILITY IMPROVEMENT . Following discussion, the motion to approve assessment roll No. 289, to waive the hearing and to award the contract to Juul Contracting Company in the amount of $149,384.40, and to waive readings and adopt Resolutions No. 10063, No. 10064 and No. 10065 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (f) CONSIDERATION OF ADOPTING RESOLUTION IN CONNECTION WITH SUBORDINATION AGREEMENT REQUESTED BY MARQUETTE BANK HUTCHINSON Following discussion, the motion to approve and adopt Resolution No. 10066 was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (g) CONSIDERATION OF REQUEST BY CITY STAFF TO REZONE PROPERTY ON FRANKLIN STREET FROM C -3 TO R -2 WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to defer to the next Council meeting was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (h) CONSIDERATION OF REQUEST BY SOS PROMOTIONS FOR CONDITIONAL USE PERMIT TO ALLOW PORTABLE SIGNS WITH • FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 3 CITY COUNCIL MINUTES - OCTOBER 26, 1993 It was noted during discussion that MN /DOT approved the portable sign on the state highway this time, but there should not be any in the future. The motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10067 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (i) CONSIDERATION OF REQUEST BY STEVE FANGMEIER FOR CONDITIONAL USE PERMIT FOR ADDITION TO SUBWAY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10068 was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. (j) CONSIDERATION OF REQUEST BY JAMES NELSON FOR CONDITIONAL USE PERMIT TO MOVE 1973 REGAL MOBILE HOME ONTO LOT IN COUNTRY CLUB TERRACE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION • Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10069 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (k) CONSIDERATION OF REQUEST BY TOM LUDOWESE FOR CONDITIONAL USE PERMIT TO CONSTRUCT ADDITION TO ACME CAR WASH WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10070 was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (1) CONSIDERATION OF REQUEST BY SCOTT PLOWMAN FOR CONDITIONAL USE PERMIT TO CONSTRUCT COLD STORAGE BUILDING ON PLOWMAN'S PROPERTY WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10071 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (m) CONSIDERATION OF REQUEST BY KAROL MORTENSEN, 575 CLARK . STREET, FOR CONDITIONAL USE PERMIT TO REPLACE EXISTING 14'X20' GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION 0 0 0 0 CITY COUNCIL MINUTES - OCTOBER 26, 1993 Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10072 was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (n) CONSIDERATION OF REQUEST BY ROBERT BLUHM, 409 CALIFORNIA STREET, FOR CONDITIONAL USE PERMIT TO MOVE GARAGE WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to approve the conditional use permit and to waive reading and adopt Resolution No. 10073 was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (o) CONSIDERATION OF LOT SPLIT IN HUTCHINSON DOWNTOWN DEVELOPMENT PLAT #2 REQUESTED BY CITY STAFF WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION It was reported the McLeod County Assessor's office had requested a lot split of the Festival Foods property for tax purposes to properly assess the tax increment district affecting one lot. Following discussion, the motion to approve the lot split was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (p) CONSIDERATION OF FINAL PLAT OF SUNNYSIDE FIRST ADDITION WITHIN TWO MILE RADIUS ( HUTCHINSON TOWNSHIP) SUBMITTED BY LEROY CHRISTENSEN WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Following discussion, the motion to refer to the County with no objection was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (q) CONSIDERATION OF PURCHASE OF 1994 AMBULANCE FOR HUTCHINSON COMMUNITY HOSPITAL It was reported by Jim McKay, ambulance supervisor, that the low bidder and second lowest bidder did not meet the specifications in the area of structure. The Hospital/ Nursing Home Board recommended awarding the bid to the next lowest bidder, North Central Ambulance Sales and Service at the bid price of $77,300. Following discussion, the motion to approve North Central's bid was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 5 . CITY COUNCIL MINUTES - OCTOBER 26, 1993 10. MISCELLANEOUS (a) COMMUNICATIONS 1. REQUEST FOR STREET LIGHTING ON EAST HIGHLAND PARK DRIVE AND NORTH END OF LARSON STREET Following discussion, the motion to approve the requests and refer them to the Hutchinson Utilities was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. 2. DEMOLITION OF HOUSE AT 167 THIRD AVENUE NW It was reported two quotes were received to raze the structure on Third Avenue. Attorney Anderson noted a court appearance regarding this issue was scheduled for November 4, 1993 at 1:30 P.M. Sub- sequent to court approval to remove the building, the City Administrator could issue an order for removal. Following discussion, the motion to authorize the City Administrator to issue an order for removal subject to court approval was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 3. TOOL AUCTION PERMIT FOR TAP ENTERPRISES INC. It was noted TAP Enterprises had previously acquired an auction permit from the City. Following discussion, the motion to approve the auction permit subject to a police check on the company and verification of the auctioneer's license was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Plotz reported a quarterly inventory was taken at the liquor store. He also noted he and the Mayor had attended a meeting regarding the tri- agency maintenance building. The City Administrator presented an update on the HCDC activities. There are two potential projects, namely, the Peace Lutheran Church senior housing project for 40 G . CITY COUNCIL MINUTES - OCTOBER 26, 1993 units and the Augusta Housing Management Company project. Since both developers will be requesting tax increment financing from the City, a public hearing date will be set to consider tax increment financing at the first Council meeting in November. Mr. Plotz stated he recently spoke at a State meeting on backyard composting. Administrator Plotz commented on the procedure for the ballot write -in votes for Bill Craig at the election on November 2. The electronic voting machines will not be used in this election, and all votes will be hand counted. It was reported that Attorney Morgan Godfrey and Junker Sanitation's legal counsel were taking depositions of the Council members and City Administrator this week. (c) COMMUNICATIONS FROM COUNCILMAN DON ERICKSON Councilman Erickson inquired if the City was considering an auction this year. He was informed it would most likely be held in the spring of 1994 to dispose of items left from the move to the new City Hall. (d) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated that if there was no response by October 27, the City Administrator could instruct the contractor to proceed with demolition of the property at 830 Elm Street. The City Attorney suggested the Council consider a consensus agenda to save time at the meeting. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:10 P.M. 7 0 • MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, NOVEMBER 3, 1993 The special meeting was called to order by Mayor Ackland at 7:30 A.M. The following were present: Mayor Paul L. Ackland, Council members Craig Lenz, Marlin Torgerson, and Don Erickson. Absent: Councilman John Mlinar. Also present: City Administrator Gary D. Plotz, and City Attorney G. Barry Anderson. 1. CANVASSING OF ELECTION RESULTS Election Clerk Bonnie Baumetz presented the Council with the sealed envelopes containing the count of ballots by precinct. The Council members then proceeded to canvass the election returns of November 2, 1993. The motion was made, seconded and unanimously carried, to certify the election results as submitted and to waive reading and adopt Resolution No. 10075. 2. HCDC EXECUTIVE DIRECTOR CONTRACT FOR SERVICE City Attorney Anderson reported some concerns Richard Lennes had regarding his contract as HCDC Executive Director. Following discussion, the motion was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried, to agree to a 30 -day indemnification clause so that the League of Cities could determine if they will provide insurance coverage for Richard Lennes and the HCDC Directors. 3. SETTING SPECIAL CLOSED MEETING FOR NOVEMBER 9, 1993 The motion was made by Councilman Torgerson, seconded by Coun- cilman Lenz and unanimously carried, to set a special closed meeting at 6:30 P.M. on November 9, 1993, for an update on Junker Sanitation litigation and to discuss potential litiga- tion by the former Fire Marshall regarding his previous position with the City. 4. FINAL PAYMENT TO OMAR COLLIS (MIKE'S MOBIL) FOR HUTCHINSON DOWNTOWN DEVELOPMENT PROJECT- -PHASE I Attorney Anderson reported funds were withheld on the Mike's Mobil site as a result of the Phase I cleanup. He recommended the City pay the full amount withheld, plus interest, pursuant to the agreement with Mr. Omar Collis to discharge the City's obligations to him. L �' • CITY COUNCIL MINUTES - NOVEMBER 3, 1993 Following discussion, the motion was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried, to authorize the City to pay in full the amount with- held, with interest, for their obligation to Mr. Omar Collis, former owner of the downtown Mike's Mobil site. ADJOURNMENT There being no further business, the meeting adjourned at 7:50 A.M. L 0 FoaMC -404 V5- "p"Irmina Ca COMMENCE u.lsnr erM.va hit CeNws Period In wit" pormnsbsued I IPleb, cortxt,nr xrors m was a,M addrsrr v,cWdnp Zlv fodsl REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 357400 27 4 9999 085 1 0 ' 26 9999 02130 JAMES PARKA BLDG OFFICIAL FOR CITY OF HUTCHINSON If your building permit system has changed, mark IX) appropriate box below and explain In commeam". CITY HALL 37 WASHINGTON AVE NEST XUTCHINSON MN 55350 ❑ Discontinued issuing permits L -I Split into two o: mare sv,., L� Annexed land araee ❑ PLEASE fOMPIf .'. AND MAIL Had other changes THIS FORM ON OH BEFORE j NOVEMBER if no permits wine issued during Bureau of the Cemu, Instructions we included. For this period, mark IXl M the box E] 1201 Ent 1 Oth Street further assistance, call collect and return this form Jeffereonrllle, IN 17132 -0001 PRIVATELY OWNED (3011763-7244. NEW RESIDENTIAL PUBLICLYOWNED HOUSEKEEPING r of Number of BUILDINGS 7-- ysluation of Valuation of Build' s Housing Housing construction construction units Omit cents unite O it cents Ie1 Idl Isl Ifl 1 1 Single - family houses, detached Exclude mobile homes. Single - family houses, attached - Separated by ground to roof w0. -No units aboye or below, and - Separate heating systems into utility meters. (Count each unit as • separate build' ) 102 Two-family buildings 103 Three -and four - fomiy buildings 104 Five-or-mono family buildings 106 TOTAL - Sum of 101 -105— log 7 229 RalVaRM NEW RESIDENTIAL PRIVATELY OWNED PUBLICLYOWNED NONHOUSEKEEPING Item Number Number of BUILDINGS Valuation of Valuation of No. 1^g Buildings Rooms construction Omit cents Buildings Rooms c. umtion Omit cents lal (b) Id (dl lop Ii Igl Hotels, motels, and tourist cabins (transient accommodations onlyl 213 Other rwnhousekeeping shalt,, 214 NEW PRIVATELY OWNED PUBLICLY OWNED NONRESIDENTIAL Number Vaiminin of Number Valuation of BUILDINGS Its. No_ 1181 of construction of construction buildings Omit coal buildings O xt comb pill let fill IH Amusement. socia. end recreational 318 Churches and1 re' lout 319 Industrial 320 Parki ere a Ibuildin a and open 321 Service stations and repair garages 322 Hoe ale and institutional 323 Officaa, DeNts, and propositioned 324 Pudic works aed utilities 326 Schools and other educational 328 Stores and customer services 327 Other nonresidential buildings 328 5 5-132 Structures other than buildin s 328 ADDITIONS, PRIVATELY OWNED PUBLICLYOWNED ALTERATIONS, AND Number Vedwtien of Number Valuation of Isom CONVERSIONS No. of construction of construction buildings Omit cents buildings Omit cents Isl Ibl Icl lop let Residential - Classify additions of 941189-5 and carports in item 438. !34 SA 77t DO Nonresidential and nonhousekeeping 437 Viq '447 On I Additions of realdantial garages and carport, Iona ched eM detacMdl 438 RO_ Total Permits 39 Total Valuation V$1,114,871 ON REVERSE SIDE y 0 DEMOLITIONS AND PRIVATELY OWNED PUBLICLY OWNED RAZI NO Of Item Number of Number of BUILDINGS No. Buildings Housing Buildings Budings tends umts Ial Ib) let Id) lei Single lamlly houses (attached and tletacnMl 816 'Two - familybuildings 646 Three -and four- family buildings 647 Five -or more family buildings 648 Ail other builtlings and stmctures 848 INDIVIDUAL PERMITS AUTHORIZING CONSTRUCTION VALUED AT 6500,000 OR MORE Please provide the following information for each permit authorizing const uctlun valued at $500.000w nwrs entered in sections I through IV. Item Number of .,m -cV Description p Name and address of owner or builder =A N..rk fXl Valuation Wit""cti Wit" "c"! Hamin g Buildin a one .. unite a le) lei 1c1 lot 1.) 111 1 I • Kind of building ____ _________ ______________________ ❑Private Site addreaa $ Kind of building ____________ _______ __ _____ ________ []Private Siva eddrau 6 Kind of building ____ ___________________________ ____ OfhivM _______________________ Site Wdiw 6 Kind of piping ___ ____________________________ —__ ❑Mvate Site address — ❑^ubs: 6 i K'rW of WJd'np ____ _______________________________ OMrate Sig addreY ❑PU011c, 6 Kind of building - --------------------------------- OP,ivats ------------------------------ Site Wdiw -- ___________________ _ OPueec Kind! of builtiry --------------- ------ ----------- ---- ------- -- ❑wvate --------- site addrw - °- ------------- -------- ------ ❑weft t KM W MYlgrg ----------------------- - - - --- Opdvate siw:ea:w --------- ------ 6 --------------------------- - - - - -- OiMrete :: - -- - - , COTme11SS Am YOU aware of mY new PennlE-Wuing Jurisdictions? ONO O Yes — Please give additional information in comments. Name of person to contact regarding this report JAMES G. 114RK11 Telephone Area code Number Eatenaion Title �BUILOIN6 OFFICIAL 612 587 -5151 210 s MINUTES Tree Board September 27, 1993 Members Present: Virgil Voigt, Carol Brown, Jay Beytien and Mark Schnobrich. Guest: Jerry Brown The members met to discuss the forthcoming 1 p.m. meeting with the Hutchinson Utilities Commission. The intent of the board was to provide the Utility Commission with an accomplishment report of the 1993 MN ReLeaf Energy Tree Planting Project. The Board also discussed and agreed upon requesting a contribution of $10,000 from the Hutchinson Utility Commission for continuation of the MN ReLeaf Tree Planting Project in 1994. Members agreed that the dollars received in 1994 would go towards replacing trees lost in the 1993 ReLeaf planting and then be utilized to extend the energy planting concept. . Hutchinson Utilities Commissioners Meeting, Hutchinson Utilities Commission agreed to contribute $10,000 for 1994 energy conservation tree plantings program. Clarence Kadrmas of Hutchinson Utilities also commented that some additional funds may become available for the 1994 planting season. Hutchinson Utilities thanked the Tree Board for their efforts. Meeting was adjourned at 2:30 p.m. 0 Hutchinson Airport Commission Meeting is October 25, 1993 Meeting called to order at 7:10 P.M. by Dave Skaar. Members present: Dave Skaar, Dennis Kahl, Joe Dooley and Tim Miller Neinbers Absent: Mayor Paul Ackland and Jim Faber �ity staff: Doug Meier i west present: Tom Parker, Doug McGraw, Dr. DeKoster Notion made by Joe Dooley, seconded by Tim Miller , to have residency def "ined is to what constitutes residency and to have a legal opinion of %hc was e:nt -itled to the hangar as of October 1,1993 between Dr. Mona and Dr. De Koster. Passed snanimously. commission requested a letter be sent to all hangar renters as to how the: 7ity :insurance policy relates to items other than aircraft and aircraft related items_ commission made a request that the City request a copy of aircraft registra=i"on from each current hangar occupant, and that they have 30 days to comply with request. Text meeting to be held on November 29, 1993 at airport lobby at 7 :00 p.M. Meeting adjourned at 8:15 P.M. Report submitted by Doug Meier.` r � LJ 17Z -71 - (-> 6 tQ APPLICATION FOR-!M'M' a� O Y L ---- PERMIT To as ....... jqI:TT ... Cq C.I.L .... I .................... . ............... . ....... ................. of the- ......... UT.............................. ................_._......of.... HUTCHINSON ... ............................................ . .. . ........................... I .............. . ... U vu County of ............... MC .... tzoa ... .... . .. ..... . ..... State of Minnesota.- The un4gersiffned owner whose name and address is .......... hereby applies for a permit to ._...._PLOW AND 'Orv/ -7 ...... REMOVE SNOW WITH .............................................. .. ......... ... Afp-u-) . ........... ................. . ........ ............. .... .... upon that certain tract of land described as follows: Lot__ .......... ...._ ................... ........ ; Block............ .............................._ plator addition._ .. ....... ....... ....... .... ..... .............. . ... ...... .............. ; address.... ............................... which is of the following size, and area; width.. length ....... 11.1 . ..... feet; area .....WITHIN THE CITY LIMITS . ..... .111 ............... ...... ............. I .................................. ........... .......... . ..... ..... ......................... ............... ..................... . ....... .. ... and hereby agrees that, in case such permit it fronted, 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 of said... ...... C�177 ... Of ... H-UT.C.H.I.N.S.0N., ........... .......... .... ... . ............................................... applicable thereto. "PAcant further agrees to Pay fees OP assessments at the time and in the amounts specifted as follows: -8 i T U - D ocT27M CITY OF HUTCHINSON W . .. . ............. . ..... Owner Z/ - /11-� / • 0 APPLICATION FOR- H MJMML To the .......CITY j..L of the ........... CI.T.Y ....... HLITCHINSON . ............................. . ............... . of.— . .............. . ........................... .................. .. H.0 .... UQUI.- .... I ... ... .. .. I ..................... ......... State of Minnesota: /0,60 NOV 3 10 CITY OF The undersigned owner who" name and address is. .... I&L� ........ ....... (3 .......... ,............._.hereby applies for a permit to TLqW ... AND .... ... REMOVE .... SNOW .... WITH .......... . . .. .. ..... .-P ............ �;� ................. . ............ . ........ .................. ..... .... ............. ........ upon that certain tract of land described as follows: Lot ........ plator addition__ ................. - ....... . .. ... ..... .... .... ... ............ ad& which is of the following size and area; width.. .... . . ... . ......... ..feet; length . ... .. ..... ........... . I feet; area .....WITHIN THE CITY LIMITS ....................... ...... .............. ............... . .... - ............. ..... ....... . ........... — . . .......................... . ...... 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 plans and specifications therefor herewith submitted and with all the ordinances of said .. ....... CITY-0,F ... H.UT-0.i.I..N.SON., ..... . . . ...................... . ........................................ ........ applicable thereto. I -dPPllcant further agrees to pay fees or assessments at the time and in the amounts specifia as follows: .......... ... .... - ..... ................... ...................... .............. ...... Owner CHRISTMAS APPLICATION FORTREE SALES _ _ PERMIT NGiTY0F CITY COUNCIL To the ................. ............................................................................................._........._........................................ .._..._............of the .............C. QTY...... ....................._...._.._. .....of.........._.... HUTCHINSON......_.._..__.............. ....._......_......................._...._........._.I State of Minnesota: INSON The undersigned owner whose address is ............ 5.� .....G1 y. �� . ............. ._...._........._............................... ....... .. ................................................. _ ............ ................ _. ................her applies for SELL ....... ...................._.......... eby pp f permit to......... ............................... ................... ........ CHRI.STMAS ... TREES ........................................ _ ............................................ _ ............... __... ....................... ........................ ......... upon that certain tract of land described as follows: Lot ....... .................................... Block ............ ............... ........... .... .. ; plator addition . ........ ......... ........... ............................... .........................: address ................................ _ ......... ............ .................. ...........__....; which is of the following size and area; width....._........ ...... ......_ ............ feet; length ... ._. ....... _ ............. .... ... feet; area_....._ ...... _. ... .................... . ................................ ............................... _ ......................... 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 plans and specifications therefor herewith submitted CITY OF HUTCHINSON andwith all the ordinances of said ......_ ...................__.........._....._............._..................._...... A............_..... .._........._................._ applicable thereto. ..4pplicant further agrees to pay fees or assessments at the time and in the amounts specified as follows: 0 -- -...._ ............... ........ ............... ... ..._...__....__ ............ . ...... _... ........ I................... FEE: $5.00 ? ........... ... ......... ._...... . Owner —C_, • APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE 1. Name of Applicant Address 2. Organization Address FEE $5.00* M ca g ICON 4 0 CITY OF HUTCHINSON C 700 31 / / � LV h n /,/) 2_ ,k i ssoh . 3. Place to be Held a Time I a -3 r - q 3 fl m MOV/ 4. Band Already Booked L65 M Lkki p _1qJ Q 5 5. Name of Band 6. Have you run dances in Hutchinson before? G Elsewhere? 7. Date Dance to be Held: i r it/ta G,W . /�%9 8. I understand that according to Minnesota Statutes, Ch. 624, Sec. 624.50: • "OFFICER MUST ATTEND ALL PUBLIC DANCES. It shall be incumbent upon the person to whom such permit is issued to have an officer of the law present at every public dance to be given or held thereunder dur- ing all the time the public dance is being held. In the case of a pub- lic dance to be held or given in a city, village, or borough, such offi- cer of the law shall be designated by the chief peace officer thereof. In all other cases such officer of the law shall be designated by the sheriff of the county. In all cases the fees and expenses of such offi- cer of:.the law shall be paid in advance by the person to whom the permit has been issued. In case any person, not a public officer, shall be designated as such officer of the law, the person to whom the permit has been issued shall be responsible for his acts and conduct and there shall be no liability for his acts and conduct on the part of the officer desig- nating him under the provisions of Section 624.42 to 624.54. 9. Recommendation of Chief of Police 10. Action of City Council 11. Fees and Expenses of Officer* *(Payable in Advance) )NEERLAND LIBRARY SYSTEM. Hq.: 410 Sw Fdth Street Willmar, MN 56201 -3298 M. Houlahan, Director Phone No. 6121235 -3162 Fax. No. 612M35-3169 PIQIM L&ND LIBRARY SYSTEM NEW AGREEMENT The new Pioneerland Library System agreement was drafted because the former agreement needed updating to include all signatories and to reflect current changes in policies and practices. The Policy Review Committee of the Pioneerland Library System Board began the process of revising the agreement in October 1992. As each draft was prepared, it was sent to all signatories for comment. The Pioneerland Library System approved final draft on October 18, 1993. Committee members are: Nancy Alsop, Litchfield, Chair Mary Lou Arne, Willmar Dolores Brunner, Hutchinson Sandra Casper, Graceville Marion Drozdowski, Bird Island John Nevins, Dawson Orville Rudningen, Swift County Floyd Sneer, McLeod County • Major changes from 1987 agreement are: • 1. Pioneerland Library System Board members may serve for a maximum of three 3 -year terms (Section II. 4.). 2. Budget development and approval process is consistent with current practice (Section III. 1.). 3. Agreement gives library board authority for short and long -term borrowing of funds (Section III. 4. g.). 4. Agreement provides for addition of new members to Pioneerland Library System (Section V.). ts910 N0\1199'3 'RECEIVED BY =01 PIONEERLAND LIBRARY SYSTEM John M. Houlahan, Director November 8, 1993 410 SW Fifth Street To: County administrators and city managers Willmar, MN 56201 -3298 Phone No. 612/235 -3162 Fax. No. 612/239 From: Nancy Alsop, President, Pioneerland Library System Board Enclosed is final revised agreement for Pioneerland Library System, which was passed unanimously by the Pioneerland Library System board on October 28, 1993. Cities and counties should approve agreement by January 1, 1994. The Policy Review Committee of the library board worked for a year and developed three drafts before passing the enclosed revised agreement. The committee appreciates all the input received throughout the process from cities, counties, and local library boards. Please distribute copies of the agreement and this letter to county commissioners or city council members. Two copies of agreement are enclosed. Both copies should be signed and returned to Pioneerland Library System, 410 SW Fifth Street, Willmar, MN 56201. One copy will be signed and returned to you for your files. A summary of major changes in the agreement is also enclosed. If you have any questions, please contact your representative on the Pioneerland Library System Board. Thanks again to all signatories for their help in developing this new agreement. 7 8 910ry��V bEn/,+npt..IjV�ED N • J �_AI 0 PIONEERLAND LIBRARY SYSTEM 1994 AGREEMENT APPROVED BY PIONEERLAND LIBRARY SYSTEM BOARD October 28, 1993 Whereas the Boards of County Commissioners of Big Stone County, Chippewa County, Kandiyohi County, Lac Qui Parle County, McLeod County, Meeker county, Renville County, Swift County, and Yellow Medicine County and the City Councils of Appleton, Benson, Bird Island, Dawson, Fairfax, Glencoe, Graceville, Granite Falls, Hector, Hutchinson, Kerkhoven, Litchfield, Madison, Olivia, Ortonville, Renville, and Willmar, Minnesota, have each officially acted to establish public library service in their respective governmental units, and provided for the financial support for such service from local tax funds, and Whereas, it is the mutual desire to strengthen and improve public library service for all counties and all cities; and Whereas, it is advantageous to accomplish this in a practical and economical manner through the operation of the public library services in said governmental units jointly; and Whereas, legal authority for the joint operation of such public • library services is provided for in Minnesota Statutes, Section 134.20. Now, therefore, we the undersigned representing the above - mentioned local units of government do hereby enter into the following agreement with the full intent of strengthening and improving public library services in all the areas to which we are responsible; I. PURPOSE: It is the purpose of this agreement to provide for efficient and improved public library services by continuing regional library service in the area and by providing for financing of library services. II. LIBRARY BOARD: 1. Powers and Duties There shall be a library board. It shall have all powers and duties allowed by law for regional library systems, including, without limit to them, those set forth in Minnesota Statutes 134.09- 134.13. It shall have authority to accept state, federal, and local funds made available to it and funds from any other A� source. It shall operate according to rules and regulations which govern libraries accepting state and federal funds and according t� policies established by the library board. The library board shall employ a director to administer the regional library system and shall employ such other personnel as are necessary to operate and provide public library service herein provided for. 2. Board Membership Board of commissioners of each participating county shall appoint one member which may be a member of the board of commissioners. The city council of each signatory city shall appoint one member who may be a member of the city library board if there is one. In addition each board of county commissioners and each city council shall appoint one additional member for each 6,000 population of major percentage (85 %) thereof. 3. Qualifications Each board member shall reside in county they are representing or in county where the city they are representing is located. Board members may be members of local library board. 4. Term of Office The term of office of each library board member shall commence on January 1 following date of appointment. The term of office is three years. Terms shall be staggered. No board member may serve more than three consecutive full terms on the Pioneerland Library System Board. 5. Termination of Membership on Library Board A library board member's term shall terminate in the event of any of the following: a. The member ceases to meet the qualifications stated in this agreement for appointment as a member of the library board. b. The member resigns as a member of the library board. A resignation shall be effective on date specified in written communication to the library director. c. The member is removed by majority vote of all members of the appointing authority for misconduct in office or neglect of duties. d. The seat is declared vacant by the board for failure of the member to attend three consecutive regularly scheduled meetings without notification. The secretary of the library board, upon motion duly made, shall notify the appointing authority. • • 6. Notice of Vacancy The library director shall notify the appointing authority at least two months in advance of the expiration of any term for which a new appointment should be made. 7. Filling Vacancies Whenever any seat on the library board becomes or is about to become vacant, the appointing authority shall promptly appoint a new member for the unexpired portion of the term or for the full term if the vacancy is for a full term. 8. Officers At its first regular meeting of each fiscal year, the library board shall elect a chair, vice - chair, secretary, treasurer, finance chair, and such other officers as it may establish. Officers shall hold office until their successors are elected and qualified. 9. Bylaws The library board shall adopt such bylaws as may be proper, expedient, and necessary for the efficient management and operation of library services and in proper fulfillment of this agreement. • III. FINANCING AND DISBURSEMENT OF FUNDS: 1. Budgets Preliminary annual local operating budgets and budget for system- wide services shall be developed by the Finance Committee in consultation with director for presentation to the full board. Upon approval by a quorum of the full board, the local operating budgets shall be filed with the boards of county commissioners and city councils of all signatories for their approval and funding. a. Should any party approve lower than its requested share of the proposed budget, library service to residents of that jurisdiction shall be reduced accordingly so as not to disrupt library services in the remaining areas. Method of said reduction shall be arrived at by consultation between the library boards, library staff of that jurisdiction, and the Pioneerland Library System director, with final approval of the Pioneerland Library System Board. b. The minimum contribution of any party to the general operating budget of the Pioneerland Library System shall be the amount needed to insure participation in state and federal grant programs (see • Minnesota Statutes 134.33 regarding minimum level of local support and Minnesota Statues 134.34, subd.4, regarding maintenance of effort). Any party not providing minimum contribution shall be considered in violation of this agreement and may be subject to termination (see Section IV. 1. a.). • 2. Schedule of payment of funds Each party shall pay its share of the regional library budget on a regular schedule set by the library board, no less than semi - annualy and no greater than quarterly, If any party fails or refuses to contribute its required funds by above dates, the defaulting party may not exercise its voting rights pursuant to this agreement while they are in default. If a member is more than thirty days in default, a penalty fee may be assessed. The penalty fee shall be a percentage of the amount due calculated at the treasury bill discount rate in effect on the 30th day of default. 3. Local Funds Certain funds, such as library building, capital improvement, construction, remodeling, and repair costs of library buildings, maintenance funds, utilities such as heat, water, electricity, custodial services and supplies, and basic telephone equipment and service, purchase, repair, and replacement of furniture and equipment may remain under the control of the local library board or city council representing the source of those funds. These funds may be spent at the discretion of that board or city council and may be used for such things as are exclusively needed for service in the area they represent. The regional library board • will advise local library boards or city councils on improvements needed in the physical facilities and equipment and may also serve as the agency through which state and federal funds may be secured. 4. Regional Library Fund a. Bonding The library board shall furnish a surety bond in such sum and amount as may be fixed by the regional library board for each library board member or employee whose duties include receiving or disbursing money and the costs of such bond shall be a proper charge against the library fund. b. Treasurer The treasurer shall supervise complete and accurate accounting of all monies coming into the library fund for the use of the said regional library board, and shall supervise due and strict accounting of all disbursements from the fund, which shall be known as the regional library fund and which shall be deposited in a bank or banks as may be determined by the library board. The treasurer shall provide to the library board monthly statements of account, copies of which shall be filed with the county auditors of the signatory counties and the city clerks of the signatory cities. • • C. Any and all disbursement from the regional library fund shall be by check warrant or direct deposit issued as hereinafter set forth, which check warrant shall become a negotiable instrument when signed by the treasurer and president. d. The regional library board may annually determine a reasonable amount to be set up on the books of account of the regional library board and kept in a separate fund for depreciation for vehicles or equipment or for new equipment, such as automation, or for other purposes designated by the library board. e. Any further rules or regulations concerning financing and disbursement of funds may be adopted by the regional library board by resolution not inconsistent herewith. f. The library board shall provide for an annual audit of its fiscal records which is in compliance with state and federal audit requirements. Copies of such audit reports shall be submitted to each of the governing bodies signatory to this agreement. The audit shall be done by an independent firm chosen by the regional library board. g. The library board may authorize short -term borrowing of funds (six months or less) not to exceed one - quarter of the annual budget for the previous twelve months. Library board may also authorize • longterm borrowing of funds (greater than six months) with approval of two - thirds of signatories to agreement. IV. 1. Termination a. This agreement shall continue in force until rescinded by a action of one of the signatories. Any signatory to this agreement may terminate its participation under either of the following provisions: by giving notice in writing to the director at least six months in advance of commencement of the next fiscal year or by mutual agreement of the parties. b. Ownership and division of assets Each signatory to this agreement shall retain title to all assets, including buildings, furniture, equipment, vehicles, books, magazines, and other library materials which it owned at the time of initial agreement. This provision, however, shall in no way prevent the administrative merger or co- mingling of these assets, nor shall it be construed to prevent the use of the assets fo one library by the patrons of one of the others. Private gifts to any library shall be deemed assets to that library. Machine - readable records produced by Pioneerland Library System remain under exclusive control of Pioneerland Library System. 2. Amendment This agreement may be amended by a quorum of the library board and* subsequent adoption by all signatories to the agreement. 3. Approval This agreement shall be approved by a quorum of the library board and become effective upon adoption by all signatories to the agreement. The agreement shall be executed by the appropriate officials in each participating county and city. V. NEW MEMBERS: Any eligible municipality or governmental entity may join Pioneerland Library System with the approval of two- thirds of the board, upon accepting all the terms and conditions of the agreement. The board shall establish such special provisions as are appropriate for integration of the new signatory into its services and budget. New members must agree to a three -year commitment of membership. In witness whereof, this agreement has been executed by the parties listed below on the dates indicated. M • )NEERLAND LIBRARY SYSTEM Hq.:410 SW Fifth Street M. Houlahan, Director W11mar, MN 56201 -3298 Phone No. 6121235-3162 Fax. No. 6121235-3169 The new Pioneerland Library System agreement was drafted because the former agreement needed updating to include all signatories and to reflect current changes in policies and practices. The Policy Review Committee of the Pioneerland Library System Board began the process of revising the agreement in October 1992. As each draft was prepared, it was sent to all signatories for comment. The Pioneerland Library System approved final draft on October 18, 1993. Committee members.are: Nancy Alsop, Litchfield, Chair Mary Lou Arne, Willmar Dolores Brunner, Hutchinson Sandra Casper, Graceville Marion Drozdowski, Bird Island John Nevins, Dawson Orville Rudningen, Swift County Floyd Sneer, McLeod County • Major changes from 1987 agreement are: 1. Pioneerland Library System Board members may serve for a maximum of three 3 -year terms (Section II. 4.). 2. Budget development and approval process is consistent with current practice (Section III. 1.). 3. Agreement gives library board authority for short and long -term borrowing of funds (Section III. 4. g.). 4. Agreement provides for addition of new members to Pioneerland Library System (Section V.). • VIINL_BNLANN 1.1 It 11 Ali Y ::Y'.'I'I 1 AbHLI MINI It LV IS ON • c AGREEMENT Draft A0. 26, 1993 PItUIU.IU ACNI:f MEN'i HtVI51UN WHERE", the Boards of County Cossalselonere of 519 Stone County, Chippewa County, McLeod County, Meeker County, Kandiyohi County, and Swift County, Minnesota, and the City Council@ of Appleton, Benson, bird Island, Dawson, Glencoe, Graceville, Hector, Hutchinson, Kerkhoven, Litchfield, Madison, Ortonville, Renville, and Willmar, Minnesota, have each officially acted to establish public library service in their respective governmental units and Provided for the financial support for much service from local tax funds, and WHEREAS, It Is the mutual desire to strengthen and improve public library service for all counties and all cities, and WHEREAS, it appears advantageous to accomplish this in a practical and economical manner through the operation of the public library services In said governmental units jointly, and WHEREAS, legal authority for the joint operation of such public library services is provided for in Minnesota Statutes, Section 134.20, NOW, THEREFORE, we the undersigned representing the above - mentioned local units of government do hereby enter into the following agreement with the full Intent of establishing, strengthening and improving public library services in all the areas to which we are responsible, I• PURPOSE, It is the purpose of this agreement to provide for efficient qnd improved public library services by continuing regional library service in the area and by providing for financing of library services. Whereas the Boards of County Commissioners of Big Stone County, Chippewa County, Kandiyohi County, Lac Dui Parle County, McLeod County, Meeker County, Renville County, Swift County, and Yellin, Medicine County and the City Councils of Appleton, Benson, Bird Island, Dawson, Fairfax, Glencoe, Gracevil.le, Granite Falls, Hector, Hutchinson, Kerkhoven, Litchfield, Madison, Olivia, ortonvil.le, Renville, and Willmar, Minnesota, have each officially acted to establish public library service in their respective governmental units, and provided for the financial support for such service from local tax funds, and Whereas, it is the mutual desire to strengthen and improve public library service for al.7 . counties and all cities; and Whereas, it is advantageous to accomplish this in a practical and economical manner through the operation of the public library services in said governmental units jointly; and whereas, legal. authority for the joint operation of such public library services is provided for in Minnesota Statutes, Section 134.20. Now, therefore, we the undersigned representing the above - mentioned local units of government do hereby enter into the following agreement with the full intent of strengthening and improving public library services in all the areas to which we are responsible; I. PURPOSE: It is the purpose of this agreement to provide for efficient and improved public library services by continuing regional library service in the area and by providing for financing of library services. � -Al II. • BOA THE LIBRARY 1. Pow ers ,*Duties. There shell be s library board. It shall have all powers an ut'- eilowed by law for regional library system•, including, without limit to them, those set forth ig Minnesota Statutes 134.11- 134.13. It shall have authority to accept state, federal, or local funds made availabl to it and funds from any other source. 6, , it shall operate according to rules and regulations which govern libraries accepting state and federal funds. Behewis it shall operate according to policies established by the library board. The library board shall employ a director to administer the regional library system and shall employ such other personnel as are necessary to operate and provide public library service herein provided for. the library ____ `W1 -and- due- e'•--- -f -•• - -• < -- - -' --- - -'K�l in-the-full intention of all concerned t •yataa-40- the - -€ -11'114- 114,e1t -poasi cooed3aalian- ef-+ee W see- - Milk - thw e- 3 iDrari es . 2. Board Msm�ber•h�ip. The Board of.Commissioners of each participating county • a ah lI ppoint one member which may be s member of the Board of Commissioners. The City Council of each powbielipatimq -city shall appoint one member who may be a member of the city library board if there in one. In addition each Board of County Commissioners and each City Council shall appoin one additional member for each 6,690 population or major percentage (851) thereof. 3. Qualifications. Itagh member ■Melt reside for o er qualification p •es w t n t e geogr hical territ of that par of the appointing cou ty or city taxed for rary servi • Board memD ■ ay not serve on any pu school board. • Term of Office. The term of office of each library board member shall commence on anuery . The term of Office 1s three years provioe eaaar-*-aeceesaer -or fee�e..or- .- r.rbic a'1` No board member may serve more than two consecutive full terms on the Pioneerland Library System Board. S. Termination of Membershi on Libra Board. A library board member's term shell terms note rn t e event o any o t e ollowingx a. The member ceases to meet the qualifications stated in this Agreement for appointment as a member of the library board. b. The member resigns as a member of the library board. A resignation shall be effective 1 date as may be specified in the resignation. c. The member is removed by majority vote of all members of the appointin authority for misconduct in office or neglect of duties. d. The seat is declared vacant by majority vote of all the members of the appointing authority for failure Of the member to attend three consecutive regularly scheduled meetings without notification. The secretary of the librar board, upon motion duly made, shall notify the appointing authority *f -en* notif;saGiea. W II. • LIBRARY BOARD: 1. Powers and Duties There shall be a library board. It shall have all powers and duties allowed by law for regional library systems, including, without limit to them, those set forth in Minnesota Statutes 134.09 - 134.13. It shall have authority to accept state, federal, and local funds made available to it and funds from any other source. It shall operate according to rules and regulations which govern libraries accepting state and federal funds and according to policies established by the library board. The library board shall employ a director to administer the regional library system and shall employ Such other personnel as are necessary to operate and provide public library service herein provided for. 2. Board Membership Board of commissioners of each participating county shall. appoint one member which may be a member of the board of commissioners. The city council of each signatory city shall appoint one member who may be a member of the city library board is there is one. In addition each board of county commissioners and each city council shall appoint one additional member for each 6,000 population or major percentage (851) thereof. 3. Oualifications Each board member shall reside in county they are representing or in county where the city they are representing is located. Board members may be members of local library board. 4. Term of Office The term of office of each library board member shall commence on January 1 following date of appointment. The term of office is three years. Terms shall be staggered. No board member may serve more than three consecutive full terms on the Pioneerland Library System Board. 5. Termination of Membership on Library Board A library board member's term shall terminate in the event of any of the following: a. The member ceases to meet the qualifications stated in this agreement for appointment as a member of the library board. b. The member resigns as a member of the library board. A resignation shall be effective on date specified in written communication to the library director. c. The member is removed by majority vote of all members of the appointing authority for misconduct in office or neglect of duties. d. The seat is declared vacant by the board for failure of the member to attend three consecutive regularly scheduled meetings without notification. The secretary of the library board, upon motion duly made, shall notify the appointing authority. 6. Notice o! T . The seerelsey- she 11 notify the appointing authority • at least two moot e n a vance of the expiration of any term for which a new appointment should be made. 7. Filling Vacancies. Whenever any seat upon the library board becomes or is about to become vacant, the appointing authority shall promptly appoint a new member for the unexpired portion of the term or for the full term if the vacancy is for a full term. B. Officers. At its first regular meeting of each fiscal year, the librar board shall elect a chair, a vice- chair, a secretary, a treasurer, a finance chairman, and such other officers as it may establish. Officers shall hold office until their successors are elected and qualified. 9. By -Laws. The library board shall adopt such by -laws as may be proper, expedient and necessary for the efficient management and operation of the library services and to the proper fulfillment of this Agreement, " elading - -a xe9"&F a¢ h 1B. x cutiv�Ul itt� The library board may create an Executive Committee f no ew than seven mealbfars to conduct necessary business as au or y the f%111 board. III. FINANCING AND DISBURSEMENT OF FUNDSr Budget. A two -pdrt operatin budget shall be mai nee ac nt a single /budget. apart I. Thi• art of the budg t *hall include such as nonnel in olved In systemw d• activity, a and audits, thos Ak except Pert involved pri A tentat in consultati Upon approval flled with th participating a. 6 proposed Dud accordingly development o cat loging, Delivery, a pplies, mil in promotion, bookacbl a service, 11ate In Part 11 below. !1. 1• part of the budget al \7$loss] library *civic et •ball be arrived at the library director fo ercent of a quorum of th of County Commissioners ental units for their ap party approve lower the ary service to that juri II of the budget as des r services in the main reduction all be err ved at by con@ultatam of that ju isdiction an governing bodies of Pioneerla d Library Syst lib b The minimum co trill budget of the Pioneerland br additioly to other local lib r participation in state and f d i c. Should any members more services than can be prov may contribute such additional additional services. up annually and 11 ey*temwide expenses erial• collection meetings, insurance, all other expenses ,"a expenses of personnel bars, of the Finance Committee entation to the full board. 1 board, the budget shall be City Council@ of all 1 and funding, requested share of the Ion *hall be reduced d above, so as not to disrupt sea. Method of said In the library board members isdiction and the ry director. ion of any rty to t Y Bystem sh 11 be the expenses pa d by this al. grant p *gross. Pioneerla d Library I ad by the required mounts a Would be rep general operating cunt needed, in rty, which would insurt t m choose to provide I of the budget, they ra to provide such 3 • 6. Notice of Vacancy The library director sha11 notify the appointing authority at least two months in advance of the expiration of any term for which a new appointment should be made. 7. Filling Vacancies Whenever any Beat on the library vacant, the appointing authority for the unexpired portion of vacancy is for a full ter-. S. Officers board becomes or is about to been" shall promptly appoint a new member the term or for the full term if the At its first regular meeting of each fiscal year, the library board shall elect a chair, vice- chair, secretary, treasurer, finance chair, and such other officers as it may establish. Officers shall hold office until their successors are elected and qualified. 9. Bylaws The library board shall adopt such bylaws as may be proper, expedient, and necessary for the efficient management and operation of library services and to proper fulfillment of this agreement. III. Financing and Disbursement of Funds 1. Budgets Preliminary annual. local operating budgets and budget for system -vide services shall be developed by the Finance Committee in consultation With director for presentation to the full board. Upon approval by a quorum of the full. board, the local operating budgets shall be filed with the boards of county commissioners and city councils of all signatories for their approval and funding. a. Should any party approve lower than its requested share of the proposed budget, library service to residents of that jurisdiction shall be reduced accordingly so as not to disrupt library services in the remaining areas. Method of said reduction shall be arrived at by consultation between the library boards, library staff of that jurisdiction, and the Pioneerland Library System director, with final approval of the Pioneerland Library System Board. b. The minimum contribution of any party to the general operating budget of the Pioneerland Library. System shall be the amount needed to insure participation in state and federal grant programs (ses Minnesota Statutes 134.33 regarding minimum level of local support and Minnesota Statutes 134.34, subd.4, regarding maintenance of effort). Any party not providing minimum contribution shall be considered in violation of this agreement and may be subject to termination (see Section IV. I. a.). 0 . The genera operating DudgEt shell specify dollar amounts to be provided y state and federal grant )funds, by participating counties and cities, a d from other sources. Amo g participating counties and participating cities th ein, fifty percent of t e total dollar amount shall be allotted in an equal a ount per capita and fifty percent shall be allotted on an equal mill rate based u the most recent av ilable adjusted assessed valuation for the county as d termined by the Eta a of Minnesota Equalization Aid Review committee. b. T e budget for ea be the sum of amount, and (2 equal adjusted c. Wit operating budg (1) Bi in any that c (1) a21 COUn4,(yi! and 2) cit in (2) (3) (4) (5) (6) dollar amount netituting the combined share of the operating particlpatin Bounty and the participating cities therein shal 1) the county 7s population multiplied by the equal per capita the county'# adjusted assessed valuation multiplied by the bssessed mi 1 rate. mch pe ticipeting county, the combined share of the ehe21 b divided as follows, tone C my pays 57% ills ay y: 3 101 11 pa3l e a ounty pay: 1001 y County pays 551 er sy 45l 'd unty pays 46.21 e eye 16.91 Soso pays 36.91 ur Co ty pays 621 ,field pays 381 Coun pays 52.01 ,ton pa s 14.01 In pays 0.01 ,oven pa s 6.01 ercentag as specified in paragraph c. above may be modified lough urrence by the parties to this agreement representint )(ty and cltSes the a1n. e. The dollar smou t to be provided by each participating city in a of providing public library service shall be determined annually by, ding the total dolAs"Ount to De provided by the participating end the cltSes thn by the population of these counties end cities, multiplying the reant per capita amount by the population of each e non- percicipatinunity. e. TXnq e amount Prov a or opera tin purpose• Of public library service by eparr' pent shell Da st loss! t is state requirement. b. idition o amounts required un section 4, each participant shall providor operat 9 purposes of pub c IFrsry services such additions: amount, if aas may be equirad to be ovided by that participant to qualify the ional Libra system for Late and federal funds. 6. Schee Of Payment f Funds. ach petty shell contribute no less than one - fourt o t• s ere o t rag sl Yibrary budget on a quarterly basis dw the f ifteentay of the first h of each quarter, until such time as its annual share paid in full. 7. Locaunds. Certain nd such as library building, capital improvement marntenanc unds, re to remain under the exclusive control of the local lry board resentin the source of those funds. These funds me, be spent at discre on of that b rd and may be used for such things as an exclusively ded f •ervice Sn the ee they represent. 6uch funds, ss well es any othends eedful for meeting eta which are not proper charges against the i al library fund, may be collected end disbursed by the regional liboard at the exclusive di action of those library board members rep ntinq the sources of those f do. T 2. Schedule of payment of funds Each party shall pay its share of the regional library budget on a regular schedule set by the library board, no less than semi- annually and no greater than quarterly. If any party fails or refuses tr contribute its required funds by above dates, the defaulting part) may not exercise its voting rights pursuant to this agreement while they are in default. If a member is more than thirty days in default, a penalty fee may be assessed. The penalty fee shall be a percentage of the amount due calculated at the treasury bill discount rate L •ffect on the 30th day of default. J. Local. Funds Certain funds, such as library building, capital improvement construction, remodeling, and repair costs of library buildings maintenance funds, utilities such as heat, water, electricity custodial services and supplies, and basic telephone equipment ant service, purchase, repair, and replacement of furniture and equipment' may remain under the control of the local library board or cit, council representing the source of those funds. These funds may b� spent at the discretion of that board or city council and may be use for such things as are exclusively needed for service in the are they represent. The regional Library board will advise local librar' boards or city councils on improvements needed in the physics facilities and equipment and may also serve as the agency throug which state and federal funds may be secured. 4. Regional Library Fund a. Bonding The library board shall furnish a surety bond in such sum and amoun as may be fixed by the regional library board for each library boar member or employee whose duties include receiving or disbursing mono and the costs of such bond shall be a proper charge against th library fund. b. Treasurer The treasurer shall supervise complete and accurate accounting of al monies coming into the library fund for the use of the said region& library board, and shall supervise due and strict accounting of &I disbursements from the fund, which shall be known as the regions library fund and which shall be deposited in a bank or banks as ma be determined by the library board. The treasurer shall provide t the library board monthly statements of account, copies of whie shall be filed with the county auditors of the signatory counties an the city clerks of the signatory cities. C. Any and all disbursements from the regional library fund shall b by check warrant or direct deposit issued as hereinafter set forth which check warrant shall become a negotiable instrument when signs by the treasurer and president. d. The regional library board may annually determine a reasonabl amount to be set up on the books of account of the regional libfal board and kept in a separate fund for depreciation for vehicles a equipment or for new equipment, such as automation, or for othl purposes designated by the library board. 2. Bonding9- The library board shall furnish a surety bond In such sum and amount as mayy a fixed by the regional library board for each library board member or employee whose duties include receiving or disbursing money and the costs of such bond shall be a proper charge against the library fund. 3. Treasurer. The treasurer shall supervise complete and accurate accounting o T1 monies coming into the library fund for the use of the said regional library board, and he shall supervise due and strict accounting of all disbursements from the fund, which shall be known as the regional library fund and which shall be deposited in.a bank or banks as may be determined from time to time by the library board. The treasurer shall provide to the library board monthly statements of account, copies of which shall be also filed with the county auditors of the participating counties and the city clerks of the participating cities. B. Re ions LiDrer operating Er ens, All operating expenses of the regional rbrar ar •la a proper +c gas agsimt the operating and maintenance of tipp library, including, ut not being limited to, all salaries and wages of persd nel; purchases* r air, and replacement of l ;beery materiels; purchs■ repair, and r acaant of furniture, equipment, and vehicles; and any o her proper I. a of expense which are not excluded herewith, and they s all be ch ged against, and paid out of, the fund. Excluded are utilitie (heat water and electricity) in all library buildings which shall be paid se are ly by the proper governmental unit or handled according to paragraph f this section. Cities must provide suitable quarter, for their branches. H er, operational costs of branches and bookmobiles are proper charges to a re anal library fund. Also excluded are all construction, re ebing, nd repair costs of library buildings, as Well as ant major furnishi costs. Th regional library board, however, may serve •s an advisory boa for such imp ovesntnta, and may oleo serve a the agency through which star end federal fund may be secured. In the event that such funds are made ova' able, the regional ibrary board may collect and disburse these fund In mgr me with the pr a of the grant. a. Any and all disbursements from the regional library fund shall be b -check-warrant' issued as hereinafter set forth, which check - warrant shall become a negotiable instrument when signed by the treasurer and emy -eve b. The regional library board may annually determine a reasonable amount to be met up on the books of account of the regional library board, and kept in a separate fund as depreciation for replacement of vehicles, or for other purposes as maybe required. c. Any further rules or regulations concerning financing and disbursement of funds may be adopted by the regional library board by resolution not inconsistent herewith. 9. Audit. The library board shall provide for an annual audit of its fiscal records, and shall submit copies Of such audit reports to each of the governing bodies party to this agreement. The audit shall be done by an independent firm chosen by the regional library board. 0 e. Any further rules or regulations concerning financing ant disbursement of funds may be adopted by the regional library board bl resolution not inconsistent herewith. I. The library board shall provide for an annual audit of its fiscal record, which is in compliance with state and federal audit requirements. Copies of such audit reports shall be submitted to ,act of the governing bodies signatory to this agreement. The audit shall be done by an independent firm chosen by the regional library board. 9. The library board may authorize short -term borrowing of funds (six months or less) not to exceed one - quarter of the annual budget for the previous twelve months. Library board may also authorize long- term borrowing of funds (greater than six months) with approval of two - thirds of signatories to agreement. • 0 IV. r.RMINATION: 1. Procedures. This agreement shall continue in force until rescinded by ,tie. o oni— a oche parties. Any party to this agreement may terminate its nrticipation under either of the following provisional a. By giving notice in writing to the secretary and to the other .+miss of at least six (6) months in advance of commencement of the next fiscal year. b. By mutual agreement of the parties. 2. Assets e. Each party shal retain ti a to all &meets which it may have held the time of the effectiv date o this agreement, including all equipment , sal estate purchased es rep ace t, unless it be specifically determined at he time of purchase of said s that such assets are jointly Owned, and squired, after the combinat of the said libraries. All other assets, ncluding books, shall be vid d among the parties on the basis of each arty's respective propo Sono the financial support provided by its espective library fun if the p sties continua to support and operate publi: ibrary service. b. Each party to this agreement shall retain title to all assets, ncluding buildings, furniture, equipment, vehicles, books, magazines, and ,ther library materiels which it ownad,at the time of the initial agreement. his provision, however, shall in no way prevent the administrative merger or ommingling of these assets, nor shall it be construed to prevent the use of he assets of one library by the patrons of one of the others. Private gifts my library shall be deemed assets to that library. V. 4:FAULTi If any party falls or refuses to contribute its allocated share of required funds, when and an the funds are required as herein set forth, time being of the essence of this requirement, the defaulting party may not exorcist its voting rights pursuant to this agreement while they are in default. If a member is more than thirty (30) days in default, a penalty fee may be assessed. The penalty fee shall be a percentage of the amount due calculated at the treasury bill discount rate in effect on the 30th day of default. ti- eny - party t V1. APPROVAL D ECUTIONI 1. Th s reement shall take affect 2. Eli le neighboring counties or Miss may become added parties to chic agreem t, subject to the approval of three - fourths (751) of the board. 3 Th agreement shall be executed by the appropriate officials in each participa ng c unty and city. IN WITNESS WHEREOF, this agreement has been executed by the parties listed below on the dates indicated. L IV. 1. Termination a. This agreement shall continue in force until rescinded by action Of one of the signatories. Any signatory to this agreement may terminate its participation under either of the fOl lowing provisions: by giving notice in writing to the director at least six months in advance of commencement of the next fiscal year or by mutual agreement of the parties. b. Ownership and division of assets Each signatory to this agreement shall retain title to all assets, including buildings, furnfiture, equipment, vehicles, books, magazines, and other library materials which it Owned at the time of initial. agreement. This provision, however, shall in no way prevent the administrative merger Or co- mingling of these assets, nor shall It be construed to prevent the use of the assets of one library by the patrons of one of the others. Private gifts to any library shall be deemed assets to that Library. Machine - readable records produced by Pioneerland Library System remain under exclusive control of Pioneerland Library System. 2. Amendment This agreement may be amended by a quorum of the library board and subsequent adoption by all signatories to the agreement. 3. Approval. This agreement shall be approved by a quorum of the library board and become effective upon adoption by all signatories to the agreement. The agreement shell. be executed by the appropriate officials in each participating county and city. V. NEW MEMBERS: Any eligible municipality or governmental entity may join Pioneerland Library System with the approval of two-thirds of the board, upon accepting all the term, and conditions of the agreement. The board shall establish such special provisions as are appropriate for integration of the new signatory into its services and budget. Weer members must agree to a three -year commitment of membership. In witness whereof, this agreement has been executed by listed below on the dates indicated. the partial. 3 J 0 0 RESOLUTION NO. 10076 RESOLUTION TO SUBSTITUTE PLEDGED SECURITIES TO FIRST BANK OF MINNESOTA OF HUTCHINSON, MINNESOTA WHEREAS, First Bank of Minnesota of Hutchinson, Minnesota, a city depository, has requested substitution of the following securities under the collateral agreement with the City of Hutchinson: RELEASE Fed. Natl. Mtg. Assn. Remic 31358LHV1 ACCEPT Fed. Farm Credit Med. Trm. Bds 31331MH41 1 -25 -13 $60,000.00 12 -23 -96 $60,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Administrator be authorized to substitute the pledged securities. Adopted by the City Council this 9th day of November, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 7J A' • RESOLUTION NO. 10077 RESOLUTION RELATING TO FINANCING 1994 IMPROVEMENT BONDS TO BE UNDERTAKEN BY THE CITY OF HUTCHINSON; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council ") of the City of Hutchinson, Minnesota ( "the City "), as follows: 1. Recitals. (a) The Internal Revenue Service has issued proposed Treasury Regulations Section 1.103 -17 (as proposed and /or finally adopted, the "Regulations ") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for any project costs paid by the City prior to the time of the issuance of the bonds. . (b) The Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued taxable or tax exempt borrowing, that such declaration generally be made prior to but not more than two years before the time the expenditure is actually paid, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure relate to property having a reasonably expected economic life of at least one year. (c) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake the following improvement project number and valued as follows: Project 94 -01 an estimated cost of $186,000; interim financing will be from the 1993 Improvement Bonds and reimbursement will be of the 1994 . Improvement Bonds when issued. (b) Other than costs to be paid or reimbursed from sources other than a tax - exempt borrowing or costs permitted to be 7-9 - • reimbursed pursuant to the transition provision of Section 1.103- 17(1) of the Regulations, none of the costs of the foregoing projects as identified above has heretofore been paid by the City and none of the costs will be paid by the City until after the date of this Resolution. Each of the projects, and costs related thereto, constitutes property having a useful life of at least one year. (c) The City intends to reimburse itself for the payment of the designated project costs out of the proceeds of a tax exempt bond issue, debt or similar borrowing (the "Bonds ") to be issued by the City after the date of payment of all or a portion of the costs. Pending the issuance of the bonds, the City reasonably expects to pay and temporarily finance the costs from the following source or sources of funds identified in paragraph 2 -(a). (d) The Bonds are proposed to be issued by the City pursuant to the provisions of Minnesota Statutes, Chapter 475, and other applicable statutory authority. The reasonably expected source or sources of funds to be used by the City to pay the debt service of the Bonds are identified in paragraph 2 -(a). 3. Budgetary Matters. As of the date hereof, there are no City funds reserved or otherwise allocated pursuant to the City's • budget (or expected to be reserved or allocated pursuant to the City's budget) to provide permanent financing for the costs of the projects, other than pursuant to the issuance of the Bonds. Furthermore, there has been no allocation, budgeting, or restriction of moneys (or the adoption of a requirement or policy to reimburse a fund) as part of the City's budgetary process, the primary purpose of which is to prevent moneys from said sources from being available for the permanent financing of the costs of the project. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are foreseeable on the date hereof, all within the meaning and content of the Regulations. 4. Filing. This resolution shall be filed in the publicly available official books, records, or proceedings of the City, which shall be continuously available for inspection by the general public. This resolution shall be available for inspection at City Hall during normal business hours of the City on every business day during the period beginning on the earlier of 10 days after the adoption hereof or the date of issuance of the reimbursement bonds and ending on the day after the issuance of such bonds. 5. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the • prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed, and shall be effective to relieve the proceeds of the Bonds from any restriction under the Bond resolution or other relevant legal documents for the Bonds, and under any applicable state or federal statute, which would apply to the unspent proceeds of such bond issue. Adopted by the City Council this 9th day of November, 1993. Attest: u Gary D. Plotz City Administrator LJ Paul L. Ackland Mayor 0 RESOLUTION NO. 10078 RESOLUTION TRANSFERRING $50,000 FROM LIQUOR FUND TO GENERAL FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $50,000.00 is hereby transferred from the Liquor Fund to the General Fund. Adopted by the City Council this 9th day of November, 1993. is ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor 7 — ("' 0 • E I MEMO November 4, 1993 TO:MAYOR & CITY COUNCIL ------------------------------------------ FROM: KEN MERRILL, FINANCE DIRECTOR ------------------------------------------ SUBJECT: ENGINEERING & ADMINISTRATION FEES The attached resolution transfers funds from our 1993 Improvement Construction Fund to the General Fund. This transfer is to reimburse expenses incurred for the 1993 Improvement projects. We are using the agreed to percentage of 16% This break down of 14 percent engineer and 2 percent for administration fees. The $249,588 is over our 1993 budgeted amount of $243,000. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 Police Department 10 Franklin Street South (612) 587 -2242 �- P • RESOLUTION inn 79 TRANSFERRING $249,588 FROM 1993 IMPROVEMENT BOND FUND TO GENERAL FUND FOR ENGINEERING AND ADMINISTRATION FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, $249,588 is hereby transferred by the 1993 Improvement Construction Bond Fund to the General Fund for project administration and engineer fees. Adopted by the City Council this 9th day of November 1993. • ATTEST: Gary D. Plotz Administrator 1] Paul L. Ackland Mayor 0 C1 C. November 4, 1993 TO: MAYOR & CITY COUNCIL FROM: GARY PLOTZ, CITY ADMINISTRATOR & KEN MERRILL, FINANCE DIRECTOR SUBJECT: ESSENTIAL FUNCTION BONDS Resolution number 10080 addresses the housing need for the City of Hutchinson and the use of essential function bonds. In discussion with bond counsel, Jerry Gilligan, Dorsy Whitney, the city perhaps should review the details while the issue is being prepared, prior to the actual issuance of the bonds. It is suggested for this process to have the city's financial consultants, Ehler's & Associates, review the documents as they are being prepared and before issuance of essential type bonds. In the past we have asked all entities to review with the city before city approval for issuance of bonds. This has been the case with Burns Manor, Hospital, and Utilities bond issues. (All have used Ehler's as their consultant.) This may be important as the city may be asked to provide some underlying financial guarantees for essential revenue bonds. The council may want to add some language to the resolution to include the review early in the process of housing bonds and with city council approval for each issue. c.c. Jean Ward, HRA Director Dick Lennes, HCDC Director City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 Police Department 10 Franklin Street South (612) 587 -2242 P RESOLUTION NO. 10080 RESOLUTION SUPPORTING THE HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY'S INTENTION TO DEVELOP MARKET RATE HOUSING WHEREAS, the Hutchinson Housing and Redevelopment Authority has obtained recommendations from the Maxfield Rental Housing Study identifying the need for market rate housing in Hutchinson; and WHEREAS, the conclusions and recommendations of the study are found to be reasonable and that such additional housing is essential for our community; and WHEREAS, the results of the study have been distributed to private developers by the Housing Authority with no feasible response from such developers to address the market rate housing needs in Hutchinson; and WHEREAS, essential function bonds may be issued by the Housing Authority for such purpose. THEREFORE, BE IT RESOLVED by the City Council of Hutchinson, Minnesota: That the Hutchinson Housing and Redevelopment Authority be encouraged and supported in the development of needed market rate housing using essential function bonds. Adopted by the City Council this 9th day of November, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 7-F • CITY OF HUTCHINSON RESOLUTION NO. 10081 TRANSFERRING $43,000 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1982 TAX INCREMENT DEBT SERVICE FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $43,000 is hereby transferred from the 1980 Tax Increment Debt Service Fund to the 1982 Tax Increment Debt Service Fund for the payment of bonds and interest due of 1992 and 1993 Adopted by the City Council this 9th day of November 1993 0 ATTEST: Gary D. Plotz City Administrator Paul L. Ackland Mayor 7— ( ' • CITY OF HUTCHINSON RESOLUTION NO. 10082 TRANSFERRING $70,800 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1985 TAX INCREMENT DEBT SERVICE FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $70,800 is hereby transferred from the 1980 Tax Increment Debt Service Fund to the 1985 Tax Increment Debt Service Fund for the payment of bonds and interest due. Adopted by the City Council this 9th day of November 1993. • ATTEST: Gary D. Plotz City Administrator 0 Paul L. Ackland Mayor �— LT, • CITY OF HUTCHINSON RESOLUTION NO. 10083 TRANSFERRING $120,800 FROM THE 1980 TAX INCREMENT DEBT SERVICE FUND TO 1990 TAX INCREMENT DEBT SERVICE FUND BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT $120,800 is hereby transferred from the 1980 Tax Increment Debt Service Fund to the 1990 Tax Increment Debt Service Fund for the payment of debt service as described in the 1990 Tax Increment program as previously adopted. Adopted by the City Council this 9th day of November 1993. • ATTEST: Gary D. Plotz City Administrator E Paul L. Ackland Mayor 7—/-/, • Lam, M E M O R A N D U M November 9, 1993 TO: Mayor and City Council FROM: Quentin Larson SUBJECT: Bid on Sheppard House Due to the unforeseen delays involving the awarding of the bid on the Sheppard house, the costs have risen with the winter season. With the extra costs, my financing company does not feel that the project would be one they could get involved in. I am, therefore, notifying you of the withdrawal of my bid on the house /lot dated October 4, 1993, contingent on financing. /mjs . City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 Y A !?0CIJr�'1V�' 00300 BSl7 PROPOSAL FORM • LETTING NO. 10 PROTECT NO. 93 -22 City Administrator City of Hutchinson 37 Washington Ave. hest Hutchinson, MN. 55350 Dear Sir: I /We the undersigned, doing business as '_�Jf "N%. N / and hereinafter known as the Bidder, hereby propose and, if this proposal is accepted, agree to enter into an agreement with the City of Hutchinson on a form to be provided by and acceptable to the City of Hutchinson, Minnesota, to furnish all labor, machinery, equipment, and tools and other means of construction necessary for the completion of the work, all in strict accordance with the plans and specifications entitled 'LETTING NO. 11, PRaTFrT Wn 4i -001 - 1XM(`HASF. PFUIVAT. ANn RFTnrATTOA nP SPR[!(97n7F_4 - ]5 PRAM.TV STREET NORTH ". BID: Purchase, Removal and Relocation of Structures Located at 15 Franklin Street North S ALTERNATE BID: Purchase, Removal and Relocation of Structures Located at 15 Franklin Street North and Purchase of 66' x 132' Vacant City Lot Located at 26 Franklin Street North, Described as South 56' of Lot 3 and North 10' of Lot 4, Block $1, North 1/2 City (NOTE - MINIMUM BID FOR THE VACANT LOT IS S10,OOO.00.AND STRUCTURES MUST BE RELOCATED TO /G THIS LOT) ��; D "5 Coat ✓ §E.JT 0,-/ rr;.)AN4`') s I0, 07 — The undersigned understands and agrees that the above /prices shall include all necessary materials, labor, supervision, machinery, equipment, tools, and other means of construction, for removal and relocation of the structures, removal of all foundations, footings, fuel tanks, mechanical equipment, debris, etc..., and to immediately fence the open excavation with snow fence. The undersigned further understands and agrees to properly vacate all gas, electricity, telephone, television cable, and sewer and water services back to the property line with verification of each service termination by the utility provider. The undersigned agrees, that upon written acceptance of this bid, I /we will, within ten (10) days of receipt of such notice, execute a formal Contract Agreement with the City of Hutchinson, and that I /we will provide the Bonds or • guarantees as required. The undersigned agrees that if awarded the Contract, I /we will commence the work within ten (10) days of written notice to commence work, and that I /we will complete the construction as specified by May 1. 1994. L10/93- 22/00300 -1 In submitting this bid, it is understood that the right is reserved by the City to reject any or all bids, and it is agreed that this bid may not be withdrawn for a period of thirty (30) days from the opening thereof. I /We hereby certify that I am /we are the only person, persons, firm corporation interested in this proposal as principals, that it is made withot collusion with any person, firm or corporation, that an examination has been made • of the site of the work, plans and specifications and contract form, and propose to furnish all necessary materials, machinery, equipment, tools, labor, supervision and other means of construction in the manner and time prescribed. The undersigned guarantees all of the work performed under this contract to be done in accordance with the plans and specifications, and in a good and workmanlike manner, and to renew or repair any work which may be rejected due to defective materials or workmanship, prior to the final acceptance of the project. The undersigned agrees to begin work as indicated in the Special Provisions and to prosecute the work so as to complete the same as indicated in the Special Provisions. The undersigned has considered that the time of the performance is to be the essence of this contract in case this proposal is accepted, and I /we agree to pay the sum or sums per day as listed in the Special Provisions as and for liquidated damages for each day of default after the time of completion specified herein. The undersigned agrees that the bid deposit in the form of cashier's check, bid bond, or certified check in the amount of Olf /at`2 f•4N2 /✓:N! Dollars and '7 /100, ($ / O R ? 7-1 ), the same being at least ten percent (104) of the total amount of the proposal, made payable to the order of the City of Hutchinson will be held until all construction associated with the removal and relocatioe D Of structures is completed; and said bid deposit will be forfeited in the event the form of contract is not executed or if the undersigned shall fail to complete removal and relocation of structures by May 1, 1994. IF A CORPORATION, WHAT IS THE STATE OF INMRPORATION? IF A PAR117FS M11P, STATE FULL WJM OF ALL CO- PARTNERS. FIRM NAME: BY: TITLE: BY:�-- OFFICIAL ADDRESS: DATED: /O / 41/ 93 0 L10/93- 22/00300 -2 S • 6��l O/A If r low IF i _!m Ill All 1� ON 7 -11' 3 �a oo, afla r V, HANSEN GRAVEL, INC. 1305 South Grade Road HUTCHINSON. MN 55350 (612) 587 -5882 TO: City of Hutchinson JOB ESTIMATE eiEESt. Hutchinson, Mn. • J O B D E S C R I P T I O N• RM 71 s.1 LACBw- 1055 EAST STATE ST.. ATHENS. OHIO 45701 To Reorper Can ToaF 1A00-526-t_;2 House demolition - 15 N. Franklin st, npmnlitinn and rpmnyal of house- and all concrete- f" Ied to proper grade with Pit Run Gravel. Removal of all concrete from other out building. I All demolition material to be hauled to licensed Landfill. its estimate is for completing the job as described )ov- It is based on our evaluation and does not include at. . price increases or additional labor and materials 7ich may be required should unforeseen problems or lverse weather conditions arise after the work has arted. �/ JOB T° $7,200.00 (JX ESTIMATED .� • RM 71 s.1 LACBw- 1055 EAST STATE ST.. ATHENS. OHIO 45701 To Reorper Can ToaF 1A00-526-t_;2 0 ORDINANCE NO. 93 -95 AN ORDINANCE AMENDING ZONING REGULATIONS 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 C -3 Central Commercial District to R -2 Multiple Family Residence District, lots located on Franklin Street and First Avenue NW, with the following legal description: Lots 1, 2, and 3, Block 51, North Half City Adopted by the City Council this day of November, 1993. ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor 0 DAVID B. ARNOLD GARY D. MCDOWELL STEVEN A. ANDERSON O.BARHY ANDERSON. STEVEN S. HOOE ]AURA E. FRETLAND DAVID A. BRUEOOEMANH PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD 0. McGEE CATHRYN D. REHER GINA M. BRANDT November 5, 1993 Ali \TOLD Lie cDOAVELL ATTOR-NEYS AT LAW 101 PARK PLACE HUTCHINSON, MINNESOTA 55350 -2563 (612) 587 -7575 FAX (612) 507 -4096 r Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 • 40 RESIDENT ATTORNEY O. BARRY ANDERSON Re: Structural Specialties, and City of Hutchinson Claim No. 56 E 110 00348 Our File No. 3244 -93070 Dear Gary: Inc. 93 OF COUNSEL WILLIAM N', CAMERON RAYMOND C. LALLIER 5661 CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545-9000 MN TOLL FREE 600-349-4545 FAX(612)545 -1793 501 SOUTH FOURTR STREET PRINCETON, MINNESOTA 55371 (612)369-2214 PAX (612) 369-5506 6 g 9101112��st 1� Consistent with my discussions with the City Engineer, it is my opinion that the City, having breached its contract with Structural Specialties, is probably obligated to pay the damages in this case. As pointed out in prior correspondence, while those damages might be a little higher than the City would prefer, it is my opinion that the damage figures are not unreasonable and within the range that might be approved by an arbitrator. Under the circumstances, g1pprove the disposition C lines previously discuss correspondence an�spp packet. Thank you. Very truly yours, TG. Barry And son GBA:lm CC John Rodeberg rnis matter on 7 You "may antal materials that a Lo incivae the prior as part of the Council CERTIFIED AS A CII'IL TRIAL SPECIALIST BY THE YISNESOTA STATE BAR iSSOCIATION —CERTIFIED .LS A REAL PROPERTY L4W SPECIALIST BY TILE MIN]FSOTA STATE B_,R ASSOCLATIOS t DAVID B.ARNOLD GARY D. McDOWELL STEVEN A. ANDERSON O.BARRY ANDERSON' STEVEN S. HOGE LAURA X. FRETLAND DAVID A. BRUEGOEMANN PAUL D. DOVE" JOSEPH M. PAIEMENT JAMES UTLEY RICHARD O. MCGEE CAT'HRYN D. REHER GINA M. BRANDT November 5, 1993 AR- OLD & cDOIvELL ATTORNEYS AT LAW 101 PART{ PLACE HUTCIIINSON, MINNESOTA 55350 -25G3 (612) 587 -7575 FAX (G12) 587-4096 RESIDENT ATTORNEY G. BARRY ANDERSON American Arbitration Association 514 Nicollet Mall Suite 670 Minneapolis, Mn. 55402 -1092 Attention: Susan B. Harrow, Case Administrator Re: Structural Specialties, Inc. and City of Hutchinson Claim No. 56 E 110 00348 93 Our File No. 3244 -93070 Dear Ms. Harrow: OF COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER 5BEI CEDAR LAKE ROAD MINNEAPOLIS. MINNESOTA 55416 (612) 545 -9000 MN TOLL FREE 500 -343 -4545 FAX (612) 545- 1193 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA S5371 (612) 389- 2214 TAX (612) 389-5506 8 91077� �C�4VF1� I write to you today on behalf of the City of Hutchinson, the respondent in the above entitled proceeding. I believe the parties have reached an agreement with respect to damages and I expect the City Council to approve that agreement is coming Tuesday evening, at its regularly scheduled City Council meeting. �J To preserve claimant's rights, I would ask that the matter be rescheduled for a hearing in approximately 30 days in the event the Council does not agree with my recommendation. I hope to be able to confirm settlement of this case Wednesday morning, November 10, 1993. Thank you. Best regards. Very truly yours, ARNOLD & McDOWELL .,� 4 • G. Barry Anderson Keith CC Keith Simons John Rodeberg CERTIFIED AS A CI \'IL Tnl- I SPECI. +LIST BY THE >[I-N" ESCTA ST-IT£ £_IR ISIOCTA 7110N w DAVID R. ARNOLDI GARY D. MCDOWELZ •STEVEN A. ANDERSON G. HARRY ANDERSON STEVEN S. HOGE LAURA R. PRETLAND DAVID A. BRUEGGEMANN PAUL D. DOVE•• JOSEPH M. PAIEMENTI RICHARD O. McGEE CATHRYN D. REHER GINA M. BRANDT BR£TT D. ARNOLD 1 AL50 wDMITTEO 1N TEXAS NCW YOAR IAL.S'O wUy1TSEp IN WISCOV 1II IN November 1, 1993 ARNOLD & MCDOWELL ATTORNFY9 AT LA�w 5881 CFDAH LAKE ROAD MINNEAPOLIS.MINNESOTA 55416 -1492 Gary Plotz City of Hutchinson Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 16121 54.-,-9000 MN TOLL FREE nOU I4G -4346 FAX 16121.111-1163 RE: Structural Specialties Arbitration Claim . Our File No. 3188 -93251 Dear Gary: OP 1.I:\'SEL WILLIAM W . CAMEROV RAYMOND C. LALLIER 501 SOUTH FOURTH STREET PRINCETON-. 4IN`NESOTA 35071 16121 489 -2214 FAX 1(,121 089 -6500 101 PARR PLACE HUTCHINSON. MINNESOTA 55050 (6121587-7575 FAX 16121 587 -4096 /� -1234 6 I have reviewed this matter with John Rodeberg. As you may recall, there was discussion regarding settlement of this arbitration matter and the council directed that our office investigate the matter. I asked for and received from attorney Keith Simons supporting data for the claim of Structural Specialties. I believe John has this information and it should be forwarded to the council. From a legal standpoint, we awarded the contract to Structural Specialties and gave them no reason to expect that they would not be required to do the work, quite possibly on fairly short notice. Under the circumstances, the settlement amount which was negotiated between city staff and Structural Specialties is not unreasonable and not significantly in excess of a likely arbitration award. Further, the city might have exposure for additional sums in an arbitration setting. You will note that the settlement amount includes lost profit. A question was raised about the appropriateness of an award for lost profit in an arbitration setting. Lost profits, when susceptible of reasonable proof, are an acceptable item of damage in construction litigation and it is likely that lost profit would be awarded in this case although, obviously, the amount is always subject to reasonable disagreement and dispute. Given the fact that in this case it was CERTIFIED AS A CIVIL TRI!L SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION _ • Gary Plotz November 1, 1993 Page 2 the city that breached the contract by stopping the project and revoking the commitment to proceed ahead, an award of lost profits is likely. I see no reason to incur substantial litigation expense with respect to this matter. I would recommend that the city proceed ahead with the settlement in the agreed upon amount and that this matter be closed. Lastly, I would ask that this matter be considered at the time of the special city council meeting to be heard following the election so that notice can be given to Mr. Simons of our intentions prior to the scheduled arbitration. Best regards. Very truly yours, . ARNOLD & McDOWELL 4�l� G. Barry Anderso GBA/pb 0 • H E H O R A N D U H July 22, 1993 TO: Ken Merrill, Finance Director FROM: John P. Rodeberg, Director of Engineering Dolf Moon, Director of Parks and Recreation /Community Education RE: Final Costs Incurred Terminated Pedestrian Bridge Project Letting No. 11 /Project No. 92 -17 We have reviewed the letter from Keith Simons regarding the costs incurred by Structural Specialties on the above referenced project. We met with Charles Barrick, the president of Structural Specialties, and looked at each individual item as noted. Although we do not totally concur that all the lost profit should be included, after our discussion we were comfortable with the request as noted. We assume the costs will come from the Crow River Task Force Fund (9301- 4300). Total costs incurred were $ 7,469.10. file: L11/92 -17 • Cihj Hall Parks &Recreation 37Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Pr6ttcd nn receded paper - Police Department 10 Franklin Street South (612) 587 -2242 8 - -P, J. 11 • E Keith E. Simons, P.A. ATTORNEY AT UW SUITE 4W NORWEST BANK BUDDING 1011 FIRST STREET SOUTH HOPKINS$ MINNESOTA SS313 MIZ M1607 June 19, 1993 City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Attn: John P. Rodeberg Director of Engineering Re: Crow River Pedestrian Bridge Letting No. 11 /Project No. 92 -17 Dear Mr. Rodeberg: I am writing on behalf of my client, Structural Specialties, Inc. in connection with the above captioned matter and in particular, your recent letter indicating that the City wishes to terminate the contract. As you know, under the contract my client has been obligated contractually and under its bond to be ready for performance ever since last September. Accordingly, Structural Specialties, Inc. has incurred the following losses for which it requests payment at this time: Bond expense $ 341.00 Est. Profit & Overhead for Bidding, etc. $3,633.60 Labor & Material for Building forms $ 380.00 Equipment held in the yard until decision was made to terminate this job $2,500.00 Continental Bridge Invoice #4620 $ 319.50 Attorney fees to -date $ 295.00 Total incurred costs due $7,469,00 We recognize that you may wish further substantiation with regard to any of these items and any payment will require approval of the Council. We will cooperate with your requests for further information, however, if it does not appear that this matter can be brought to a satisfactory conclusion in the near future, we intend to proceed with legal remedies available under the contract. Consequently, please let me hear from you in the near future so that we may discuss and effect termination of the agreement. V\ iI1JA11 tructura! Inc. pecialties I September 29- 19q, Arnold & McDowell Attornev "s -at -Law 5981 Cedar Lake Road Minneapolis. MN. 55416 -149 612- 545 -9000 RE: Crow River Pedestrian Bridge Letting No 11/ Project X192 -17 File # 3244 Dear Sir. P.O. Box 502 Hutchinson, MN 55350 Telephone 612 -587 -6719 FAX 612.587 -0838 Enclosed please find a copv of the invoice 44620 from • Continental Bridge Company for $319.50 for their incurred expenses on the above said project. In explanation to the questions you have regarding the $2500.00 expense for equipment held in our Yard. Last fall we held onto a rented John Deere backhoe for 2 weeks before returning it. waiting for you to make a decision as to what You were going to do. The contract stated that this :job had to be completed by December 31, 1993. Also I held a crane and the pile driving hammer in our ,Yard again this spring pending Your decision for another 2 weeks before sending it out to our .jobs. These ,fobs were located in Todd County, Staples. MN. : Lyon County, Taunton, MN. : Murray County, Currie. MN. As you can see it would have been extremely costly to move the equipment out to any of these .fobs and then have to move them back to Hutchinson again to build this project. As for the basis of the $3633.60 for estimated profit and overhead of bidding. This includes the profit expected to come from building this bridge and all overhead costs already incurred from estimating the project, processing the paperwork. and also re- estimating several times for the council other possibilities of bridges for this project. If you have any other questions regarding this matter, please feel free to call. 612 - 587 -6719. Best �Gregards, � Q Charles Barrick, President Structural Specialties, Inc. CB:kr 0 0 C November 4, 1993 TO: MAYOR & CITY COUNCIL FROM: KEN MERRILL, FINANCE DIRECTOR SUBJECT: WORKERS' COMPENSATION MANAGED CARE Mark Flaten and Dennis Potter have discussed with the City Council changes to a managed care type of service for our workers' compensation program. Select Care is in the process of signing agreements with Hutchinson Medical Center and Hutchinson Community Hospital to provide this service. An agreement with between Select Care and Berkely Administrators • has been signed and would give us the 5% reduction in workers' compensation premium. The agreement also details our charges for the services Select Care provides. Charges are $1.50 per month per employee and managed care fees of $84.00 per hour as required. L J Dennis Potter will be in attendance to answer any questions regarding this coverage. I have also included selected pages of the outline of the program. If the council agrees it would be for a period of one year with renewals after that time. City HaII Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 557 -2975 (612) 557 -2242 Hutchinson, Minnesota 55350 - Printed nn r cudcd paper - • OCT-M6-150Z T U E 1M.-IT INSURANCE PLANNERS P. e 2 10,24,193 15209 AGREEMENT s 4 AMERICAN RISK THIS AGREEMENT is entered into this 1st day of November, 1993, between Select Care, a Minnesota non. profit organization, ('SC "), and Berklcy Administrators ('BA7. WITNESSETH: NOW THEREFORE, the parties, for lawful consideration and intending to be legally bound, agree as follows: A. Select Care Responsibility 1. SC will recruit and contract with Providers to develop a network of providers which shall be certified by the Department of Labor and Industry and will interact with such providers relative to their participation in the delivery of health care services under this Agreement. During the term of this Agreement, SC will use its best efforts to maintain a reasonable geographic diversity of Providers and to negotiate additional agreements with new Providers in the future within its service area. 2. When SC receives claims for health care services rendered to covered employees by Providers, SC will review such claims and will use its best efforts to forward these claims to BA within 3 business • days for Physicians acid 4 business days for Hospitals, Claims held for medical management review will be forwarded when review is completed. 3. SC will perform utilization review and patient management services for medical services provided. BA will, when not prohibited, require covered employees to participate. 4. When desirable, SC will encourage the development of a key participating physician relationship with an employer location to facilitate positive management of compensation cases. S. SC agrees to make available to BA and contracted employers a Medical Director experienced in Occupational Health for the purpose of compensation case consultation. B. Responsibility 11 Specified BA Subscribers will utilize and participate In the Network for the provision of Workers' Compensation services in accordance with applicable Minnesota statutes and regulations and will supply SC with information, as needed, to Comply with every Minnesota state NCO reporting regulation and requirement. BA will notify SC in writing at least 30 days prior to permitting A new Subscriber to participate under the terms of this Agreement. The notice shall include the Subscriber's name and locations) and Eames of employees or other identifying Information (per location, in the case of multiple locations) for each new Subscriber. BA will forward any claims it receives directly from any Provider to SC for review. 2. BA will notify SC, In writing, when BA ceases insuring Subscribers participating in the Network. BA • will use its best efforts to give 14 days advance notice. $I u 10/26/93 13110 2 4 ANKRICNN RISK 02 AGREEMENT 3. BA will bsue payment for all Covered Services incurred by a cOvered employee within 28 days after receipt of a complete and proper claims form from SC and /or Provider. BA will inform Providers Of the reasons for any delay in payment will not be made within 28 days after receipt of the claims form from SC. Payment of all Covered Services will be in accordance with the Minnesota Workers' Compensation Fee Schedule, 4. In consideration for SC providing all services specified in this Agreement, BA will pay SC a monthly fee of 53.50 per employee as specified in B•1 and a case management fee of 584,00 per hour when approved by BA. C. General Terrace 1. SC and BA will at all times abide by and conform to all applicable laws, statutes, rules, regulations, orders, of whatever nature, and will conduct their business in an ethical and good faith manner, 2. Upon request of either party, the other will assist the requesting party In resolving complaints or grievances, whether written or oral, from Covered Persons, Providers, or third parties, regarding any matter telating 10 the provision of or payment for medical or related services. SC will forward to BA ail written communications expressing a grievance raised by a, or concerning a Covered Person. . 3. Each party to this Agreement shall defend, indemnify, and save harmless the other against any and all claims, suits, liabilities, and costs (including reasonable attorney's fees) arising out of or in any way resulting from the negligence or failure to perform its duties hereunder by the indemoif*g party. 4. BA and SC each, at its sole cost and expense, shall procure and maintain throughout the term of this Agreement such policies of comprehensive general liability and other insurance as shall be necessary to insure itself and its officers, agents, and employees against liability arising out of the performance of its responsibilities under this Agreement. Evidence of each party's insurance coverages shall be submitted to the other upon written request. 5. Either party may assign or delegate all or any part of its rights and duties under this Agreement only with the prior written consent of the other, which will be given at the sole and absolute discretion of such other party, 6. SC Is an independent contractor, Nothing contained In this Agreement will create, or wilt be construed to create, the relationship of employer and employee between BA and SC nor shaft employees of SC be considered employees of BA for any purpose. 7. Neither party may act on behalf of the other, except as provided is this Agreement, and neither party may bind the other, in any manner, except as expressly authorized in writing herein or by the other party. 17J 9 Il LJ lai26193 19111 AGREEMENT it 4 AMERICAN RISK 8. The term of this Agreement is one year. However, this Agreement shall be automatically renewed for successive terms unless otherwise terminated. Either BA or SC may terminate this Agreement, without cause, by giving the other party at least 45 days advance written notice of intent to terminate. 9. This Agreement and its addendum constitutes the entire Agreement between the parties, relating to the subject matter hereof, and supersedes all prior and contemporaneous Agreements and understandings of the parties in connection therewith. 10. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties except those showing which insured and policies are subject in accordance with Section B -1 of this Agreement. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first written below. Select Car BXr-� ) )� Jack 0. Davisr President 1700 West 82nd Street - 0100 Bloomington, MN 55431 (612) 887.6700 Berkley Administrators BY: Elizabeth Holden Hill Vice president dt General Council 8441 Wayzata Boulevard Minneapolis, MN 55426 (612) $440311 DATE: _ - /h -IF - 713 DATE: 03 OCT-21&-93 T U E 1 5: 1 9 INSURANCE P L A N N E R O 16/26i07 19,12 s 4 ON941CAN RISK Effective November 1, 1993 F.m>7 UC GUM City of Hutchinson/ Hutchinson Utilities • E ATTACHMENT A SerAW Provided Network access Case Management Fee .sat $1,30 per employee per month $84.00 per hour •4 SELECT CARE MANAGED CARE PLAN . FOR WORKERS' COMPENSATION EXECUTIVE SUMMARY A 1992 Minnesota law allowing employers to use managed care networks for workers' compensation cases has led to the formation of an innovative Select Care product -- an occupational medicine network. Select Care's network includes both primary care physicians and occupational medicine specialists. The network contains occupational health clinics which are located centrally in Minneapolis and St. Paul and a number of primary care clinics (family practice clinics) which are located throughout the state. The occupational health clinics will act both as primary care sites and also as support clinics for the outlying primary care clinics. Select Care has represented a community of health care providers since 1983. Select Care's Managed Care Plan for workers' compensation was certified by the state of Minnesota in December, 1992. David Gregg, M.D., Associate Medical Director for Select Care's Occupational Medicine Programs, has primary responsibility within Select Care for interacting with providers in the network. Gregg was trained in internal medicine and has . been practicing occupational medicine since 1981. He had responsibility, for training occupational medicine resident doctors at St. Paul Ramsey medical _ center. The program design incorporates Select Care clinics into the occupational medicine community by giving outlying clinics good support with access to occupational medicine specialists. In bringing the network together, Select Care places a high value on physician input and participation. The goal of the program is to bring clinics and doctors into a tighter community of providers to provide occupational health services to employers and employees. The philosophy of Select Care's occupational medicine network is to be very responsive to employers and to know the employers well. Worksite visits by physicians are an integral part of the program so physicians can observe the work process and understand how the employee was injured and also how and when to safely return the injured employee to the worksite. Select Care will use the same occupational medicine fee schedule as the state of Minnesota. Efficient case management will result in cost savings in lost work time indemnity as well as medical costs. 60 -75 % of worker's compensation costs are salary replacement costs, referred to as indemnity costs. The key to lowering • worker's compensation costs is to get better outcomes and to get employees back to work as quickly as possible. ' 2. INJURY CARE Select Care will work with the medical provider to ensure the following: A. Office staff is aware that any work - related injury or illnesses are to be seen as soon as possible (same day); if this is not feasible, arrangement will be made to have the employee seen at a designated urgent care center or emergency room. B. The physician will be familiar with all employer groups and visit the worksite and /or meet employer representatives whenever possible. C. The physician will be familiar with established job descriptions provided by the employer, including modified /transitional duty and work closely with the employer to return the worker to a medically safe position as soon as possible. jD. All referrals for specialist care will be made to Select Care network providers. 1 E. Select Care forms will be used whenever an acceptable comparable form is not available. F. All communications regarding the case with the employee, insurer, employer, QRC or rehab vendor, attorney or any other authorized party will be processed promptly. G. The physician will encourage and facilitate employee recovery by promoting - adaptive, positive behaviors that lead to successful return to work. 1 H. If the physician should identify any behaviors that suggest or imply delayed recovery, either an occupational health physician or the Select Care Associate Medical Director will be contacted promptly to reassess the treatment plan. These behaviors include, but are not limited to: 1. evidence of increased risk of communication problems 2. employee is off work and experiencing at least one of the following: -lives alone - has small children - unhappy with work situation - expresses anger or frustration - confounding medical problem (ex: chronic medical condition) - known confounding personal situation (ex: family or financial difficulties, major life changes) - situational depression - symptoms not consistent with diagnosis - recovery is delayed or inconsistent with expected prognosis based on treatment guidelines . 3. evidence of chemical dependency history or current use 3. CASE MANAGEMENT OBJECTIVES AND PROCESS • OBJECTIVES: 1. To provide professional case management of the occupationally injured or ill employee to promote timely and medically appropriate successful return to work 2. To maintain an accurate and meaningful data base of employer based information regarding employee injury and illness occurrences at the worksite. PROCESS: A. When an injury occurs on the job, the employer will contact Select Care by telephone within one working day and provide information about the injury. The employee will be referred to a Select Care network provider for same day care. A First Report of Injury describing the incident is received by Select Care from the employer within 48 hours. SELECT CARE FAX NUMBER: 885 -5718 • B. Work Status Report is received from medical provider following employee encounter with any appropriate medical progress notes. SELECT CARE FAX NUMBER: 885 -5718 C. Information from employer and medical provider are reviewed and entered into data base. D. When necessary, additional information is requested from either the employer or physician (including but not limited to: office notes, lab results, radiology reports, etc). E. Each case is individually reviewed by an occupational registered nurse to assess prognosis with selected priority cases reviewed with the Associate Medical Director. Priority cases include: 1. fractures, surgical candidates, burn cases 2. spine injuries, including sprains /strains 3. lost time injuries for any reason 4. contusions or lacerations involving more than 1 -2 visits 5. unclear medical notes, diagnosis or prognosis 6. cases involving treatment that does not follow established practice guidelines F. Referral of the individual case to for personal case management (either with a case management vendor or insurer /payer source) will be recommended and discussed with the employer and /or insurer if any of the following criteria exist: I 1. evidence of increased risk of communication problems 2. employee is off work and experiencing at least one of the following: - lives alone - has small children ' - unhappy with work situation - confounding medical problem, such as a chronic illness - known confounding personal situation, such as family or financial difficulties - situational depression - symptoms not consistent with diagnosis - recovery is delayed or inconsistent with expected progress based on treatment guidelines lG. Additional review of case will be conducted and reviewed by the medical director if the employer reports any of the following: j 1. manager /supervisor dissatisfied with employee performance 2. employee is seeking legal advice 3. employee is not confident of medical management of case 4. hostility or anger is displayed by the employee H. While Select Care's Associate Medical Director will make recommendations regarding case management vendor services, the final decision is made by the employer /insurer. j I. All non- emergency hospitalizations and out - patient surgical procedures will be subject to j review and pre - admission certification based on Select Care criteria. Weekend admissions will also be reviewed, with appropriate length of stay identified. J. Out - patient procedures and referrals must meet treatment guideline standards and will be closely monitored for number of visits and appropriateness. Examples are: 1. surgical procedures 2. radiology procedures 3. Cat scans 4. MRI's K. Discharge planning will be coordinated with facility staff and the medical provider. L. Provider services will be reimbursed by the payer according to the Minnesota workers' compensation fee schedule or Select Care fee schedule for non - specified services. The insurer /payer will be kept informed of the medical status, proposed treatment plan and return to work progress. 0 1 t J I 4. COMMUNICATION AND EDUCATION The recovery of an occupationally injured or ill employee depends on a close working relationship among the employer, employee and the medical provider. Select Care will facilitate communication through use of written forms, accepted practice guidelines, active case management, and provider and employer education and training programs. Select Care will work with an employer to ensure the following: A. A relationship between the medical provider and the employer will be established before an injury occurs and - all supervisors /managers know how to access service - employees can be safely transported to provider services - after -hours treatment resources are identified B. Company safety policies & procedures are written and communicated to each employee initially upon employment and periodically thereafter (at least annually). C. The employer will provide job descriptions for the physician's files to assist in understanding the physical demands of the employee's job. D. Transitional duty jobs are identified when necessary as part of an aggressive return to work program and communicated to the physician. E. Employees understand the need to report any injuries /accidents promptly. F. A Passport Card will be made available to the employers by Select Care which will be presented to the medical provider by the employee at the time of the visit. G. A Work Status Report form will be made available to the physician by Select Care which will facilitate communication to the employee, employer, and Select Care. H. After the medical visit, the employee will report back to the employer and return the Work Status Report. When this is not feasible, the physician will either mail or FAX the report to the employer. I. The physician will maintain communication lines with the employer and be available by telephone to answer any questions regarding the employee's care and medical progress. J. The employer will maintain communication with any occupationally injured or ill employee who is temporarily totally disabled. K. The employer will provide appropriate return to work duties meeting any medical restrictions. U rr I l 6. SERVICE PROVISION Occupational services are provided to Select Care clients through a comprehensive network of medical providers to give employees convenient geographic accessibility to all categories of providers pertinent to the comprehensive care of work - related injury and illness. Office hours as standard in the medical community are 8:00 a.m. to 5:00 p.m. After hours, weekend and holiday hours are arranged by the provider to comply with generally accepted office hours. Once directed to the initial evaluator, the employee will be offered three choices among the Primary Care Network, one of which will be the initial evaluator. This choice will be identified as the designated Primary Care Provider. When deemed medically appropriate, the employee will be referred for specialty treatment and given three choices among the specialty panel of providers. Medical specialists providing care on a referral basis will not assume overall case management, which will remain a responsibility of the designated primary provider. The primary provider will assume all responsibility in making the initial evaluation of the employee's injury or illness, specifying the treatment plan, making any necessary referrals for specialized care, communicating with the employer and insurer, submitting any state and federal forms/reports required, and forwarding all appropriate information to Select Care case management. 24 HOUR ACCESS The employee will receive an initial evaluation of a work injury from a primary medical provider within 24 hours of such request, This evaluation will be provided at the primary provider's office or clinic during regular working hours. + Should the request be made after regular clinic hours, on weekends, or holidays, the evaluation may be referred to the designated Urgent Care Center or hospital emergency room by the primary provider. Each provider is required to either subscribe to an answering service or provide a detailed, recorded message on an answering machine. • 11 7. PROVIDER NETWORK Select Care provides a comprehensive occupational health provider network consisting of occupational medicine and family practice physicians, a wide range of medical specialists, hospitals, urgent care centers and therapy centers, both in- patient and out - patient. Ongoing expansion of this network is through provider contracts specifying Select Care requirements to meet the state of Minnesota regulations. Geographic coverage within the Select Care occupational health provider network includes not only the Twin Cities' metropolitan area, but also several sites in outstate Minnesota, which were designated to meet area employer needs as well as satisfy the Managed Care geographical proximity requirements. The core of direct access providers consists of occupational medicine providers in the metropolitan area. Primary care providers are geographically situated in suburban areas and outstate Minnesota within close proximity to employer groups. iProvider selection is based on membership in Select Care's network, geographical location, provider interest in workers' compensation case management and willingness to participate in program components, including educational offerings. Board certification or board eligibility is highly desirable. The application and credentialing process is formalized and includes the following basic steps: ► pre - application process ► application _ ► verification of credentials P. recontracting ► re- screening ► suspension and termination when appropriate By contract, each physician agrees to comply with Select Care Utilization Review and Case Management Programs, and a profile of each physician's utilization of resources is evaluated periodically. A formal recredentialing program occurs every two years. All network and non - network medical providers must follow Select Care Case Management guidelines, which will be communicated in writing upon membership, as well as through consultation services provided by the medical director. The consultation services will include, but not be limited to, individual case review, retrospective group - specific data review, direct consultation or peer observation. For detailed information regarding providers, please refer to the Select Care Directory of Health Care Providers. Hutchinson Community Development Corp. 12) 587 -7500 45 Washington Ave. East 1 ` Hutchinson, Minnesota 55350 („ MEMORANDUM DATE: November 3, 1993 TO: Hutchinson Mayor and City Council FROM: HCDC Board of Directors RE: HCDC Recommendations for a Policy on Tax Increment Financing for Housing Projects I] Attached please find the policy the HCDC Board of Directors adopted at their October 29, 1993 meeting. The HCDC Board feels that this policy will provide the structure necessary to evaluate a housing projects need for tax increment financing and balance that need against the City of Hutchinson's need for housing. Hutchinson Community Dew1opmenr Corporation Policy Policy Classification: Project Policy Number: POOI Date of Adoption: Policy Title: Tax Increment Financing for Housing (Not Redevelopment) 10/29/93 The Developer of the project must provide convincing documentation the Tax Increment Financing Housing request benefits the City of Hutchinson. Priority will given to non - profit developers, however both private and non - profit developers shall meet the following criteria: 1. Location of housing project is compatible with the City of Hutchinson's goal of developing the community, and 2. Financial requests should not include subsidy for project construction costs, and 3. All land being subsidized be used for requested purpose, and 4. Compatible to documented need for specific type housing. It is recommended that such policy(s) be reviewed on an annual basis, jointly by the City of Hutchinson and the HCDC /HRA. Si Date of Revision: Date of Revision: Date of Revision: Date of Revision: 9 -R, Hutchinson Community Development Corp. 12) 587 -7500 45 Washington Ave. East Hutchinson, Minnesota 55350 • 'z"9 MEMORANDUM DATE: November 3. 1993 TO: Hutchinson Mayor and City Council FROM: HCDC Board of Directors RE: HCDC Recommendation on Prince of Peace Senior Housing Projects request for Tax Increment Financing for Redevelopment. The HCDC Board met with Paul Berg, Project Coordinator for the Prince of Peace Senior Apartment Project at their meeting on October 29, 1993. Prince of Peace • Senior Apartments are requesting $125,000 of tax increment financing for redevelopment for their project. The tax increment financing will be used for acquisition, demolition and site preparation for the project. The project consists of a 40 unit congregate senior housing project. The HCDC Board of Directors recommends approval of the project based on the following: a) The area meets the guidelines for redevelopment. b) The project will enhance the area c) The project will satisfy a needed housing type in Hutchinson V • �- <- I • Publicorp Inc. 512 Crown Roller Mill 105 Fifth Avenue South Minneapolis, MN 55401 November 4, 1993 Mr. Gary Plotz City Administrator City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 Dear Gary: (612) 341 -3646 FAX (612) 341 -4148 NOV 1993 RECEIVED Attached are ten copies of the draft tax increment plan for District No. 7. Please note that there are three places that documents should be inserted into the plan. The first section is the modifications to the existing Development District No. 4. Jerry Gilligan was unable to forward the documents to me directly and indicated to me that he would be faxing those documents to you Friday morning along with the resolution calling for a public hearing. In addition, a map of the development district area and a map of the tax increment district should be inserted into Exhibits I -A and II -A respectively. Because 1 have not seen the modifications to the Development District, I am not sure if the description of the area to be added to the existing Development District No. 4 is adequate. As I mentioned on the phone the other day, a final plan is not required until November 11. Please call with any questions or comments. Sincerely, Mark Ruff 9 c. 1 1 Ilf.f 1 7 t� _ 1 e ac -,o e z —1 z I s; y! on 6 I 7 I I 31 I 2 i i T to I N 16 {f I nf.f 1 .lj uI • 6 S ,. µf WASHINGTON 82 W O C9 F W W N sc s 2 W J C9 NOPTH PARK f N Is o IA Is: I e 9 2 e 8 3 7 6 02 4 n 5 uz Y FIRST AVE. a SOUTHWEST ICS 1! ° 132 32 10 1-- - 11 0 10 T 1 9 3 7 4 6 5 B o o ' a Z - J• 132 � j 3 Y FIRST AVE. a SOUTHWEST ICS 1! ° 132 32 10 1-- r 9 11 9 2 T 4 8 3 7 4 6 5 L o ,:_ 10 9 10 1-- r 9 2 B 3 T 4 6 6 SECOND : AVENUE SOUTHWEST SOUTH PARK CITY OF HUTCHINSON, HN DISTRICT NO. 7 FOU f^a -� 6 5 4 3 2 1 >0 1 _ I__ 8 9 10 II 12 t= 14 r 132 � 10 i 10 r e W 9 3 W 9 + W 8 3 F 8 ' 7 { T 4 S 6 S 6 5 THIRD AVEN S.W. AVENUE 2 WTMCIUC 1 c.ufcll v 9 �2 f 31 10 2 r 9 2 8 3 T 4 6 S AVENUE 2 WTMCIUC 1 c.ufcll v 9 �2 f UTHWEST 2 7 4 9— ! 1 9 2 8 k 32 7 4 610 rfrr �[OfifF UTHWEST 2 7 4 9— • • CITY OF HUTCH DISTRICT Ni 2ND AVE, S.W, 0 C November 2, 1993 Ms. Beverly Wangerin, Chair McLeod County Commissioners 19369 Judson Circle Hutchinson, Minnesota 55350 SUBJECT: City of Hutchinson's Proposed Establishment of Redevelopment Tax Increment Financing District (District No. 7) Dear Bev: The Minnesota Tax Increment Financing Act requires that prior to the adoption of a tax increment financing plan for a housing or a redevelopment tax increment district, the City must provide an opportunity to the local member of the affected county board to review the fiscal and economic implications of the proposed tax increment financing plan 30 days prior to publishing the notice of public hearing. The establishment of District No. 7 will enable the City to redevelop certain property located on the block bordered by Franklin Street, Glen Street, Third Avenue SW, and Second Avenue SW, and on three parcels immediately to the north of this block. The redevelopment is expected to occur in two phases. The first phase will include 40 to 60 units of assisted living senior housing units to be developed by a non - profit affiliated with Peace Lutheran Church. The second phase will include additional multi- family units. The exact location of District No. 7 is found on a map attached to this letter. The Authority is proposing a budget for District No. 7 which will include funds for the following purposes: 1) Land Acquisition 2) Public Improvements 3) Site Preparation 4) Interest 5) Administrative Costs • City Hall Parks &Recreation 37 Washington Arcnue West 900 Harrington Street (612) 557 -5151 (612) 557 -2975 Hutchinson, Minnesota 55350 Police Department 10 Fraarklin Street South (612) 557 -2242 q- CV • Commissioner Beverly Wangerin November 2, 1993 Page 2 We would like to solicit your comments and offer to meet with you at your convenience if you so desire. Thank you for your consideration in reviewing this matter. Sincerely, CITY OF HUTCHINSON t Gary D. Plotz City Administrator GDP: mjs Enc. CC: Ed Ide, Auditor County Commissioners 10 • i i' DoRsEy 8C WHITNEY A S'AIISM[QLYr )wS}.ppryp T�pR�WSU. fgpy.py,wwS NEW' YOa% PILLSBT,-RY CENTER SOUTTi ROC IIESTEIt, 1, ` • WASHINGTON, D. C. 220 SOUTH SnUH STREET 1 MXINNEAPOLIS, MIh2gESOTA 55402-1428 BILLING5 D EYYEr; (612) 340 -2600 GREAT FALxS OBAXOE COU1�'TY, CA Pe]L (6m)' = Q- QedB • J MISSOU: LOxDON MOM6 P. Gulm K /� DES MOIL D $IIS SBLS (gM 3404M IrA8G0 November 9, 1993 Z Mr. Gary Plotz d fi� 4 C�a City Of Hutchinson �N \ BY FACSIMIT E 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: Peace Lutheran Housing Project JJ Dear Gary: As a followup on my telephone conversation with Paul Ackland this morning, enclosed is a form of Declaration Of Restrictive Covenants we have used for other cities in connection with TIF projects. This Declaration provides that during the period of time specified in the Declaration the owner will not cause the proper to become exem t from real. estate taxes or be valued and assess or real estate tax purposes at a lower percentage a of mar et v ue. a execution by the ve oper of the Declaration would be a condition of the Development Agreement. If you have any questions, please give me a call. JPG:jas Enclosures cc: G. Barry Anderson 900 In NHNIIH,h ASSUM rt9Z OEC ZT9 IF3 99:ST C6 %60iTT n DECLARATION OF RESTRICTIVE COVENANTS • This Declaration is made and executed as of the 30th day of August, 1993 by Broadway LaNel, a Limited Partnership, a Minnesota limited partnership ( "Declarant'). 0 Recitals A. Declarant is fee owner of the following described premises located in the County of Hennepin, State of Minnesota (the ' Troperty" ): Lot 1, Block 1, Broadway LaNel Addition B. The Housing and Redevelopment Authority in and for the City of New Hope, Minnesota ('Ii A "), and the City of New Hope has entered into a Redevelopment Agreement, dated December 9, 1985 (the "Redevelopment Agreement'), with the Declarant. The Redevelopment Agreement provides for the sale of the Property by the HRA to the Declarant and for certain assistance, financial and otherwise, to be provided by the BRA and the City in connection with the construction by the DecIarant of an apartment rental housing project (the "Building") on the Property. C. The BRA has assigned all of its interests in and to the Redevelopment PIan 85 -1 within which the Land is located to the New Hope Economic Development Authority, a public body corporate and politic (the "EDA "), and such assignment by the HRA to the EDA included all of the rights of the BRA under the Redevelopment Agreement. D. Section 3.032 of the Redevelopment Agreement provides that no action will be taken by the Declarant nor will it consent in any way to cause the Property to become exempt from real estate taxes and that a separate covenant to this effect, running with the Propertyshall be filed of record in the real estate records. NOW, THEREFORE, in consideration of the foregoing and in compliance with its obligations under Section 3.032 of the Redevelopment Agreement, Declarant, for itself, and its successors and assigns, does hereby declare that the Property shall be owned, used, occupied, sold and conveyed subject to the following covenants and restrictions: 1. The Property shall not be exempt from real estate taxes notwithstanding the ownership or use of the Property. 2. The Property shall not be sold, transferred, conveyed or leased to any of the following parties: c00@] AaXlIHA1 ddSHOQ rr9Z OfV ZT9 Prd 99;2T C6i60%TT (a) An institution of purely public charity; (b) A church or ancillary tax exempt housing; (c) A public hospital; (d) A public school district; (e) An organization exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or (f) A Minnesota cooperative association organized under Minnesota Statutes, Section 308.05 and 308.18 for the purpose of complying with the provisions of Minnesota Statutes, Section 273.133, subdivision 3, or any other party that would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 3. The Property shall not be used for any of the following purposes: (a) The operation of a public charity; (b) A church or house of worship; (c) The operation of a public hospital; (d) The operation of a public schoolhouse, academy, college, university, or seminary of learning; or (e) Any other use which would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 4. The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property; provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the EDA, and may be released or waived -2- tOOQj A3NZIH9 33SHOa rr9Z OFC ZT9 it3 99:2T C6%8O %TT • n u •. 0 in whole or in part at any time, and from time to time, by the sole act of the EDA, and variances may be granted to the covenants and restrictions herein contained by • the sole act of the EDA. These covenants and restrictions shall be enforceable only by the EDA, and only the EDA shall Have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of the covenants and restrictions herein contained, or to enforce the performance or observance thereof. • 0 S. The covenants and restrictions herein contained shall remain in effect until December 31, 2013 and thereafter shall be null and void. 6. If any one or more of the covenants or restrictions contained in this Declaration are held to be invalid or enforceable, the same shall in no way affect any of the other provisions of this Declaration, which shall remain in full force and effect. -3- BROADWAY LANEL, A LDMTED PARTNERSHIP By Francis W. Lang, general partner 200Z NaXIIIH.0 ASSHOa r69Z ory 919 St3 LS :ST M'80%TT 900 @ i STATE OF MINNESOTA ) SS •COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 11993, by Francis W. Lang, a general partner of Broadway LaNel, a Limited Partnership, a Minnesota limited partnership, on behalf of said partnership. Notary Public DRAFTED BY: Dorsey & Whitney (JPG) Pillsbury Center South 220 South Sixth Street Minneapolis, Minnesota 55402 R p h34STH.n .L35HOQ 6695 06C Sig SF3 LS: ST CO /00 -ii • I RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.4 AND ON A PROPOSED TAX INCREMENT FINANCING PLAN BE IT RESOLVED, by the City Council of the City of Hutchinson, Minnesota (the "City"), as follows: 1. Proposed Amendment to Development Program for and Proposed Tax Increment Financing Plan. The City acting under and pursuant to Minnesota Statutes, Sections 469.124 to 426.134 has previously approved Development District No. 4 in the City (the "Development District"), and approved a Development Program and amendments thereto (as so amended, the "Program "). It has been proposed that the City consider amendments to the Development District and Development Program to include Additional Property in the Development District (the "Additional Property") and assist in the development of such additional property. In order to finance the costs to be incurred in connection with the development of the Additional Property, the City will also consider approving a tax increment financing plan (the "Financing Plan "), which will establish a tax increment financing district, as defined in Minnesota Statutes, Section 469.174, subdivision 9 ( "District "). The Additional Property will be included in the District. 2. Public Hearinsr. A public hearing is hereby scheduled to be held on the proposed amendments to the Development District and Program and on the proposed Financing Plan at 7:30 P.M. on Tuesday, December 14, 1993, in the Council. Chambers. The City Administrator is hereby authorized and directed to cause notice of such public hearing to be published in the official newspaper of the City not less than 10 days prior to the date of the hearing, and to provide the information required by Minnesota Statutes, Section 469.174, subdivision 2 to the appropriate governmental bodies. Attest: • Passed by the Council this 9th day of November, 1993. City Administrator Mayor CERTIFICATE CITY OF HUTCHINSON • I, the undersigned being the duly qualified City Administrator of the City of Hutchinson, Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached resolution was transcribed. 2. I have carefully compared the attached resolution with the original record of the meeting held on November 9, 1993; at which the resolution was acted upon. 3. I find the attached resolution to be a true, correct and complete copy of the original: RESOLUTION NO. Resolution Calling for a Public Hearing on Proposed Amendments to the Development Program for Development District No. 4 and on .a Proposed Tax Increment Financing Plan • 4. I further certify that the affirmative vote on said resolution was ayes, nayes, and absent/ abstention. 5. Said meeting was duly held, pursuant to call and notice thereof, as required by law, and a quorum was present. WITNESS my hand officially as such City Administrator and the seal of said City, this day of 1993. Gary D. Plotz, City Administrator (SEAL) • %3 akRpBp�QUW+ �p a+ FOIL CONTIDUUM ��!`t� /J o SF V DATE: November 9, 1993 TO: Gary Plotz, Hutchinson Mayor and City Council r FROM: R. J. McGraw RE: Augusta Housing Management Company HCDC has requested to be heard on a policy recommendation entitled Tax Increment Financing for Housing (not redevelopment) and, secondly, their recommendation to reject my client's request (Augusta Housing Management Company) for "pay as you go" TIF. • Originally, I had requested HCDC to notify the council that "Augusta" wanted to be placed on the agenda. I now request that the entire matter be continued to the first meeting I have discussed this continuation with Gary Plotz, Barry Anderson and Carol Haukos, President of HCDC, and they have no objection to the continuation. El McGRAW & WARD, P.A. ATTORNEYS AT LAW • SUITE 200 CITIZENS BAKK BUILDING D.O. COMER (19141967) P.O. Box so TELEPHONE RONALD. MCGRAW HUTCHINSON, MINNESOTA 55350 612- 587 -390D STEVEN L. WARD F A X612 M7 -9597 %3 akRpBp�QUW+ �p a+ FOIL CONTIDUUM ��!`t� /J o SF V DATE: November 9, 1993 TO: Gary Plotz, Hutchinson Mayor and City Council r FROM: R. J. McGraw RE: Augusta Housing Management Company HCDC has requested to be heard on a policy recommendation entitled Tax Increment Financing for Housing (not redevelopment) and, secondly, their recommendation to reject my client's request (Augusta Housing Management Company) for "pay as you go" TIF. • Originally, I had requested HCDC to notify the council that "Augusta" wanted to be placed on the agenda. I now request that the entire matter be continued to the first meeting I have discussed this continuation with Gary Plotz, Barry Anderson and Carol Haukos, President of HCDC, and they have no objection to the continuation. El Hutchinson Community Development Corp. r 2) 587 -7500 45 Washington Ave. East Hutchinson, Minnesota 55350 MEMORANDUM DATE: November 3, 1993 TO: Hutchinson Mayor and City Council FROM: HCDC Board of Directors RE: HCDC Recommendation on Augusta Housing Management Company's request for Tax Increment Financing for Redevelopment. The HCDC Board met with Brian Solsrud of Augusta Housing Management Company at their October 29, 1993 meeting. Augusta Housing Management Company has requested that the City of Hutchinson provide $248,993 of tax increment financing assistance for the construction of a 48 unit mufti- family rental project. The tax increment would be used: Land Write Down $145,500 • Site Preperation 32,300 Utilily Hook -up 5,000 Soil Testing Survey 6,500 Landscaping 10,600 Playground Equipment 3,003 Sidewalks 28,900 Curb and Gutter 17,190 The project would consist of 12 - 1 bedroom units, 24 - 2 bedroom units and 12 - 3 bedroom units. The Augusta Housing Management Company was awarded $367,298 in low income (rousing tax credits and will be requesting an additional $193,896 of tax credits for the project. The HCDC reviewed a request in June, 1993 from Augusta Housing Management Company, which was denied by the City Council. The original request was for $126,576 in tax increment financing for 24 - 3 bedroom mufti- family rental housing. After review, the HCDC Board recommends rejection of the Augusta Housing Management Company's housing tax increment financing request based on the following: 1) The proposed project is in a location that has good development potential at a reasonable cost to the developer, therefore TIF should not be necessary. 2) The HCDC feels that the developer can develop their project because other developers are doing so with tax credits. 3) The HCDC feels Augusta Housing Management Company has not adequately developed this proposal. 4) The HCDC feels the property should not be in a tax increment district because the proposed project will have an additional need for city services and school district services. it - 1J� C, • M E M O R A N D U M November 3, 1993 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering Ken Merrill, Finance Director RE: Consideration of Trunk Sanitary Sewer and Watermain Assessment Policy Due to the proposed development in newly annexed areas that will be served by Trunk Sanitary Sewer and Watermain improvements, either by existing lift stations that may need upgrading, or with new • improvements (lift stations, river crossings, etc.), we are requesting that the Counil review the City's Trunk assessment policies. We do not have a current policy that completely deals with these issues. In coordination with the Comprehensive Sanitary Sewer plan completed by Rust (Donohue) Engineering, a sanitary sewer connection or area charge would seem to be appropriate for sanitary sewer trunk costs. This report calculated the cost of trunk improvements in the South service area to be $ 1,330 per gross area (including street right -of -way). This would average to 3.2 lots per acre, or $ 416 per average size lot. Since the lots in Island View Heights average about 1.6 lots per acre, their cost (based on $ 1,330 per acre would be approximately $ 800 per lot. Since there probably is not an increase in benefit to this degree, a revised structure should be considered. Based on our review, we would recommend consideration of the following: • City Hall Parks & Recreation Police Department 37 Washington Az,enue West 900 Harrington Street 10 Franklin Street Soutlz (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 9-F - P- ;Wcd m; "'curled TRUNK CONNECTION FEES November 3, 1993 - Page 2 • RESIDENTIAL LOT SIZE 1/4 to 1/2 acre 1/2 to 3/4 3/4 to 1 Larger lots Commercial /Industrial Lots SANITARY SEWER CONNECTION FEE $ 450 $ 500 $ 550 Negotiated? Negotiated? WATERMAIN CONNECTION FEE $ 150 $ 175 $ 200 It is assumed that the trunk watermain costs are approximately 1/3 of trunk sanitary sewer costs. It is also proposed to adjust this fee yearly by the Engineering New Record (ENR) Construction Cost Ratio. This is presented as an option, for your review. We believe that this proposal is fair, defendable and financially prudent. This proposed assessment system would be applicable to all lots annexed after 1992. • 0 N M E M O R A N D U M November 3, 1993 T0: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Consideration of Consulting Agreement with Bolton and Menk Project No. 94 -06 (Osgood /Hayden /Lake /Fischer) Due to the projected size of the improvement program for 1994, and the need for extensive storm water modeling with this project, we would like to enter into the above referenced agreement. Attached is Bolton & Menk's proposal for services. They are currently working on the South Grade Road (Federal Aid) project, and this project would allow us to minimize redundant services and trips. We recommend authorizing the services noted for Parts I through IV (not to exceed S 32,800), through the bidding phase of the project, with the understanding that if the project is rejected after the Public hearing, only Parts I and II would be completed. We will review the need for construction staking in the spring. We also can complete the majority of construction observation with part -time help at a significantly reduced cost. City Hall 37 Washington Avenue West (612) 557 -5151 Parks & Recreation 900 Harrington Street (612) 557 -2975 Hutchinson, Minnesota 55350 -PrP:t; rlr a, '!cd :117! - Police Department 10 Franklin Street South (612) 557 -2242 i i S 1 BOLTON 8 NI E-= N K , INC. Consulting Engineers & Surveyors 515 North Rtverfront Drive • Mankato, MN 56001 -3471 Phone (507) 625 -4171 • FAX (507) 625 -4177 October 21, 1993 Mr. John Rodeberg Director of Engineering City of Hutchinson 37 Washington Avenue West Hutchinson, MN 55350 RE: 1994 Street and Utility Improvements Lake Street, Hayden Avenue, Osgood Avenue, Fischer Street & 5th Avenue Dear John: As requested, I have prepared a scope of work and budget for design engineering, construction staking and construction observation for the referenced project. The following streets are to be included in the study: • Lake Street from Roberts Road to Second Avenue • Hayden Avenue from Lake Street to Fischer Street • Osgood Avenue from Lake Street to Fischer Street • Fischer Street from Fifth Avenue to Hayden Avenue • Fifth Avenue from Fischer Street to Dale Street Our proposed scope of work is as follows: I. Survey Work: A. Field survey to establish horizontal and vertical control, collect topographic information and to tie in public and private utilities located by others. B. Plot field information for use in preliminary design and for the preparation of plans and specifications. M Preliminary Design: A. Proposed sanitary sewer improvements. Recommendations will be made based on information from the sewer televising, tapes and logs, and other available information. B. Proposed storm sewer improvements. The storm sewer evaluation will include the analysis of a 25 -acre watershed using the SCS TR -20 method. C. Recommended watermain improvements. • D. Recommended street and surface improvements. E. Prepare a brief feasibility report summarizing the proposed improvements, estimated costs and typical assessments. MANKATO, MN FAIRMONT, MN SLEEPY EYE, MN BURNSVILLE, MN AMES, IA G) BOLTON 8L October 21, 1993 . Mr. John Rodeberg (Sty of Hutchinson Page 2 III. Plans and Snecifications A. Prepare plans and specifications, conforming to the standards required by the City. B. Prepare an Engineer's Estimate. C. Review plans and specifications with the City Engineer. D. Make minor changes as a result of the City Engineer's review. E. Review plans and specifications with City Council (if requested by City). F. Prepare applications for Minnesota Pollution Control Agency and Minnesota Department of Health permits. G. Furnish an original set of plans and specifications to the City for their use in preparing copies for bidders. . IV. Bidding Phase: A. Send Advertisement for Bids to Construction Bulletin; furnish City with a copy of the advertisement to publish locally. B. Answer questions from bidders and other plan holden, as required V. Construction Observation: Provide construction observation throughout the duration of the project (one person full time). The responsibility of the inspector will include: A Attend pre - construction meeting. B. Observe the construction to determine if, in general, the work conforms to the plans and specifications. C. Maintain a dally construction diary. D. Update the City Engineer on a regular basis as to the status of the project E. Coordinate and schedule construction staking. F. Perform and /or coordinate quality control testing. G. Measure completed quantities on an on -going basis and maintain a current 40 Item Record Account for each pay item. BOLTON & MENK, i"a:. October 21, 1993 • Mr. John Rodeberg City of Hutchinson Page 3 H. Attend construction progress meetings, if applicable. I. Set grades for underground and street improvements based on the planned grades. J. Upon substantial completion, prepare a punch list and review with the City and the contractor. K Determine final quantities and submit to the City for the preparation of the contractor's final payment. Note: We have assumed that our inspector will be supervised by the City Engineer. We have also assumed that the City will make any major design related decisions and perform any re- design which may be required due to changed or unforseen conditions. If the City desires, we can perform these construction engineering services as needed on an hourly basis. VI. Construction Staking. . A One set of stakes to be used for sanitary sewer, watermain and main line storm sewer. B. One set of stakes for each storm sewer catch basin C. One set of stakes for street excavation and curb construction. D. One set of blue top* stakes for tolerance of aggregate base. E. In general, stakes will be set at 100 -foot intervals for underground utility construction, 50 -foot intervals for grading/curb and gutter along the centerline of the street and at 50 -foot intervals for blue top stakes. F. It is assumed that the staking work can be accomplished in approximately 6 to 8 separate trips to the site. 0 BO LTON 8L M/I E" K ,r 1 "4= October 21, 1993 • Mr. John Rodeberg City of Hutchinson Page 4 • The cost for providing the services outlined above is as follows: I. Survey Work $ 5,400.00 U. Preliminary Design 5,400.00 III. Plans and Specifications 21,000.00 M Bidding Phase 1.000.00 Subtotal (not -to- exceed): $32,800.00 V. Construction Observationl 2 (estimated) $40,000,00 VI. Construction Staking2 (estimated) 6,800.00 We can discuss your required schedule once we receive notice to proceed. If you have any questions or require any additional information, please feel free to contact me. Sincerely, Daniel R. Sarff, Associate DRS:kt I The costs for coastruction observation are estimated assuming a construction period of 16 weeks at 50 hours/week and two weeks of 40 hours/week. 2 Actual costs will vary depending on the expertise of the contractor, weather and other factors. D:V4 S930509\Rodeberg. Lt l C M N n V x n p U U H November 3, 1993 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering RE: Resolutions Ordering Report on Improvements Attached are five resolutions regarding projects proposed for the 1994 construction year. All projects have been requested by the owner(s) or have been previously discussed by the Council. We have received a petition from property owners on Hayden and Osgood Avenues (attached). It is understood that these projects will be pending if the resolution is passed. The projects proposed are noted below: Proj. No. Description Proposed Improvements • 94 -01B Walnut Ridge - Phase 2 Utility Improvements 94 -02B Walnut Ridge - Phase 2 Street Improvements (BSK of Hutchinson) 94 -03 Lakewood Drive 94 -04 Otter Lake Crossing Utility and Street Improvements to serve new annexation area Trunk Sanitary Sewer and Watermain, Lift Station, Trail 94 -05 Island View Heights 1st Utility and Street Improvements Add. (WDH, Inc.) 94 -06 Hayden /Osgood /Lake /Fischer Sanitary sewer and watermain (petition) repair and replacement, Trunk storm sewer reconstruct, Street improvements We have begun work on the above projects in order to keep the schedule necessary to complete the potential improvements proposed for 1994. We are working with Rust Engineering on 94 -04 and propose to engage Bolton & Menk to work on 94 -06. City Hall Parks fr Recreation Police Department 371A'ashington Avenue VVest 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 ate, I'ri r; (ed ,,, rec"Cled"'In"- ' ^ qA � RESOLUTION NO. 10085 • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. PROJECT NO. 94 -03 WHEREAS, it is proposed to improve Lakewood Drive from 700' southerly of McDonald Drive to South Grade Road by the construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances; WHEREAS, itis proposed to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota 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 9th day of November, 1993. • City Administrator • Mayor RESOLUTION NO. 10086 • RESOLUTION ORDERING PREPARATION OF REPORT ON LETTING NO. PROJECT NO. 94-04 WHEREAS, it is proposed to improve Otter Lake Crossing from Lakewood Drive to South Grade Court by the construction of trunk sanitary sewer, lift station, watermain, bike /walking trail 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, 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 9th day of November, 1993. City Administrator 0 Mayor q-#, RESOLUTION NO. 10087 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. PROJECT NO. 94 -05 WHEREAS, it is proposed to improve South Grade Court and West Shore Drive in Island View Heights First Addition by construction of storm sewer, sanitary sewer and services, watermain and services, 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, 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 9th day of November, 1993. 0 City Administrator E Mayor 9 -# RESOLUTION NO. 10088 • RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT LETTING NO. PROJECT NO. 94-06 WHEREAS, it is proposed to improve Hayden Avenue, Osgood Avenue, Fischer Street, Lake Street and 5th Avenue SW from Dale Street to Fischer Street by construction of storm sewer, sanitary sewer and services, watermain and services, 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, 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 9th day of November, 1993. 0 City Administrator 0 Mayor V AIiNOLD & %fCDOWELL • DAVID H. ARNOLD ATTORNEYS AT Lxw GP COUNSEL OA BY D. MCDOW£LL WIII Am W. CAMERON STEVEN A. ANDERSON SO1 PARK PLACE RAYMOND C. LALLIEB 0. HARRY ANDERSON' HUTCHINSON, MINNESOTA 55350-2563 STEVEN S. HOGE (612) 587 -7575 5661 CEDAR TARE ROAD LAURA K.FRETLAND MIA'NEAPOLIS. MINNESOTA 55416 DAVID A. BRUEGOEMANN FAX (612) 587-4096 i,101 (612)545-9000 PAUL D. DOVE " TOLL FREE 6001793-4345 RESIDENT ATTORNEY T�L PAX (612343-1793 JOSEPH M. PAIEMENT G. BARRY ANDERSON JAMES L`ILEY 60L-TH FOURTH STREET RICHARD G. MCO£E PRINCETON. MINT`ESOTA 55371 CATHRYN D. BEHER \� ,`y (G12)389-2214 October 21, �j 99 FAX (612 389 -5506 GINA M. HRAND2 MV Mr. Peter Tritz Executive Directory' League of Minnesota Cities (Z) �y2128293004 Insurance Trust 3490 Lexington Avenue North St. Paul, Mn. 55126 1 / ti pC� ADD c Re: Hutchinson and the Hutchinson Community Development Corporation 6, Our File No. 3188 - 92210 «919w£12 Dear Peter: • The question of drafting the appropriate documents to describe a relationship between the Hutchinson Community Development Corporation and the City of Hutchinson such that insurance coverage through the League Trust becomes feasible has fallen into my lap. I have reviewed your letter of August 9, 1988 and related material, and in that regard, I have prepared a proposed agreement between the City of Hutchinson and Hutchinson Community Development Corporation. A copy of the agreement is enclosed for your review. The idea behind the agreement was to circumscribe the authority of HCDC with respect to the City such that the activities of HCDC fall within the Trust's requirement of "instrumentality" status. I would appreciate it if you would review this proposed agreement and get back to me as soon as possible regarding coverage for HCDC, the members of its Board of Directors and its employees and independent contractors, if any. As always, thank you for your fine efforts on behalf of the Trust. Best personal regards. A Very truly yours ARNOLD CDOWBLL G. Barry Anderson GBA:lm Enclosure CC Gary PlEoC.AgpTtT(SzVyJ�CpyRp Carol 11 iNW J AS A CIVl1 TRIAL SPECIALIST BY THE MI »£SOYA STATE BAR ASSOCIATSON carpi AS A REAL PNO PENTT LAN' SP£CLILIST HY THE MIILIS A STATE BAR A55(X'LAT1p] C/ Ll THIS AGREEMENT, is made this _ day of November, 1993, by the City of Hutchinson, a home rule charter City and a municipal corporation ( "City ") and the Hutchinson Community Development Corporation, a not for profit Minnesota corporation ( "HCDC "). RECITALS: 1. The City and HCDC desire to promote economic development within and surrounding the City of Hutchinson by promoting business development, locating new businesses and aiding existing businesses located or to be located within the City of Hutchinson or an area having an economic impact upon the City of Hutchinson. 2. By combining the talents and resources of the City and HCDC, economic development activities not otherwise possible, may • be accomplished. 3. The parties hereto desire to reduce their agreement to writing. NOW THEREFORE, THE CITY AND HCDC DO HEREBY AGREE AS FOLLOWS: 1. CITY COMMITMENTS. The City agrees to provide such financial assistance to HCDC in the form of support for the HCDC's annual budget and such special projects as the City deems appropriate, for the purpose of promoting economic development and subject to such direction and guidelines as the City may from time to time establish. The City also agrees to provide such accounting and other financial record keeping assistance to HCDC as may be deemed reasonably necessary by the City. • 2. HCDC COMMITMENTS. HCDC agrees to follow rules and -1- regulations as promulgated and established by the City of Hutchinson relative to economic development projects and further agrees to submit to the City Council for the City of Hutchinson its annual budget for approval. HCDC further agrees to grant to the City of Hutchinson through its City Council the authority to veto the hiring of any employees or independent contractors for the purpose of performing services on behalf of HCDC. HCDC agrees to abide by all rules and regulations established by the City governing the conduct and duties of employees or independent contractors retained by HCDC. HCDC shall furnish to the City Council annual financial statements, in form and substance acceptable to the City, prepared and certified by, at the option of the City, an independent certified public accountant or by the . treasurer of the City within 120 days after the end of the corporation's fiscal year. HCDC shall also provide the City with such other reasonable financial information specified by the City. Additionally, HCDC shall promptly file all reports, returns and statements required to be filed by HCDC. HCDC shall incur no debt, shall make no loans or execute any contracts without the express written consent of the City Council of the City of Hutchinson. 3. RESERVATION OF RIGHTS. Each party expressly reserves the right to engage in any activity not specifically prohibited by this agreement. 4. ASSIGNMENT. The rights and obligations of HCDC under this agreement shall not be assigned without the prior consent of the City Council of the City of Hutchinson. • -2- 5. DURATION OF THE AGREEMENT. This agreement shall continue in force and effect until terminated with or without cause by 120 days written notice by one party to the other. This agreement shall become effective immediately upon ratification and approval by the Board of Directors of the corporation and the City Council for the City of Hutchinson. Dated: CITY OF HUTCHINSON By: Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator Dated: HUTCHINSON COMMUNITY . DEVELOPMENT CORPORATION By: Its: 40 -3- 0 • is AMERICAN LEGION 3`. j23456)6 HUTCHINSON POST NO. 96 Hutchinson, Minnesota 55350 4 �' V IL93 RECEIVED Ce N sN BYE` 1 Nov 93 Mayor Marlin Torgerson City of Hutchinson The City of Hutchinson and the American Legion Post 96 have been selected by the Department of Defense to be a commgmorative City and Legion Post. The City of Hutchinson and the Amerian Legion will recieve a special flag to be flown for the next four years. The American Legion is having a dinner on the 11 Nov 93 to recognize all the WW I and WW II Veterans in the Hutchinson area. Donald Walser Commander American Legion Post 96 IC—A LG503 JR"J6WM Minnesota Lawful Gambling Request by a Government to Spend Gam--' tng Funds • ,..MS<,., x ... .: ., : : <. : :. _xx.Y FYI YF: YY �n ,t�i�x "�. � ties, '�'�s �`�'a '�j'& Name of Government Requesting Funds •' n,� : •Number I ) Address City State Tip Code Check type of government making request: ED City 0 County El Township School District No. of Stale of Minnesota, Department of Division of United States, Department of . Division of D Other Governmental Entity - specify AMERICAN LEGTON POST sItUYIt� stale Zip co" Address City . • (explain expenditure • attach additional sheets if necessary. To honor all the WW I and WW II Veterans and thiar families in the Hutchinson area on November 11th. Amount requestea $726.00 By completing and signing this form, the governments agent confirms that the requested funds WBI be spent for a /awful purpose. This request expires one year from the date below and may be renewed at the request of the local goveming body. eowmmem seam Print name Use of form: 1, if an organization wishes to contribute gambling funds to a governing body, the governing body must complete this form. 2. Aooroval of the Gambllna Control Board Is not reaulreda •3. The form should be kept on file by the licensed organization. 4. Attach a cony of this form to your Schedule C Report for the month In which the funds are silent .0 vv v v. Yvda 1� DLVm R. nRxOt,p( • STEVEN s Nen"()0W 6 414 UV O. D ftxy �IvmzNSOE STEVEN S. NOCE fiLlL Y. YEL•'YLAxn DdVID d. RRUCODEINA,4ti PA16% D. DOVE ^ ^ JOSEPE M. PMEXZVT1 RICHdED U. MCULE CdTHRT D. REHER VLIA X. UE NUT RRETT n. /.(,NULL nDXxwxL aw rC.tw. Axn xrea.- TOLE •ai90 ADxitrcn rx wr5cm'eaa 0 • November 8, 1993 ARNOLD & MCDO`v'ELL A'1-ruRvLYS ar Lsw 5881 CiDAR L4AR HouLD MTV%-F.APn-T.T$, MLVNESOTA 554145- 14,1~"' 16121 545-9000 Gary D. Plotz, City Administrator Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 RE: Airport Condemnation Our File No. 3244 -93069 Dear Crary: NV TOLL PEEL 800 ^340✓.16.I6 r. 111M 846-IM OP <OVXSLL wH.LCVd x. GL1iPIIG> RdTI[OND <. jJy{jYlt 301 SOUTH YUVETH STREET PRINCLTON. X ZNYEeOTd 36571 '6101 UBtl ^PaE4 1dX ��IOi AR4-000I+ 101 P- K PT.ACI! H=CHINS0.V, K! \l: P :jl1Td 66J6U �6E:1 8877675 rA X012 SE7-40 . 1 B FAX AND U.S. MAIL FAX NO. 234 -4240 T am enclosing herewith a copy of a memo received from Dagmar Runyon at 222 Bast lllato Boulevard, St. Paul, MN 55107 -1618 and a copy of the review appraiser's report dated November 1, 1993. As you can see, Mr- Westling has recommended that we hire an appraiser from the approved list with the Minnesota Department of Transportation. In that regard, I am recommending that we retain Jim Robinson who did the last series of airport appraisals. I have contacted Jim, he has indicated to me that he is available to conduct the appraisal work here in this area, but we are probably looking at a 45 day to 65 day window in terms of completing the work and having a finished appraisal. A spot check with other appraisers reveals a similar situation. Apparently, the decline in interest rates and real estate sales in general have prompted tremendous activity and demand for appraisal services. The cost of the appraisal would likely be $2000 to $3500. I have asked Mr. Robinson to place our name in line so that no time is wasted. I would ask that this item be added to the agenda this coming 'Tuesday evening for discussion. I have commenced the eminent domain proceeding with a scheduled taking date in late February or early March. 'OLRTIFIED wS w fJVT, 'w •' 1v11 1%151 ]PY THE 111F1-ESOTA ST ;T$ DAn ASSOCIATION /// '-CPSTIPIr- AS d BEiL PROPERTY L1u' SPEC L�LI $S BY :$E mi:,L >V :A sl6IL L_Li dtiSOCJZI(a / " -� Gary D. Plotz November 8, 1993 Page 2 Please do not hesitate to contact me should you have any questions. Best regards. Ve- Ara G. GRA/pb Enclosures • • • DEPARTMENT OF TRANSPORTATION STATE OF MINNESOTA • OFFICE MEMORANDUM DATE: November 1, 1993 TO: Dagmar Runyon ti ? Airport Engineering Specialist r 222 Plato Boulevard, St. Paul o REFT� V � .� FROM: Bob Westling- / f` �- �7'� co �- Review Appraiser, Room 517 9?P��_Z EZ22�2 PHONE: 296 -8331 SUBJECT: REVIEW OF HUTCHINSON AIRPORT PARCEL - MCLEOD COUNTY AGRICULTURAL ASSOCIATION As you requested, I reviewed the appraisal made by Mr. Jeffrey A. Johnson for the McLeod County Agricultural Association (Mr. Ronald J. McGraw) and also the appraisal made for the City of Hutchinson by Mr. David J. Lorence. I previously certified the appraisal made by Mr. Lorence on January 28, 1993. The total damage estimate based on the appraisal made by Mr. Johnson appears to be very high and beyond the acceptable range of •damage in my opinion. Items that make Mr. Johnson's appraisal unacceptable are listed as follows: 1. Page 3 - Reference is made in the scope of the appraisal to "review the plans of the highway road project ". This is an acquisition for airport purposes and Mr. Johnson did not address the issue as to why he reviewed the plans of the highway road project. He also refers to improvements on subject consisting of an electrical substation, auxiliary power generating plant, office building, fuel storage tanks, and chain link fencing are located on this parcel but are not impacted by the taking and thus, are not valued as part of this report. This statement appears to conflict with the statements on pages 8 and 9 where he states there are no man -made improvements on this parcel. When I viewed this parcel, namely Lots 1 and 2, Fairgrounds Addition, I did not see any improvements on this parcel. 2. Mr. Johnson utilized sales that all had public sewer and water directly available to them. The subject property, Lots 1 and 2, Block 2, Fairgrounds Addition do not have these utilities directly available to them. In fact, they are approximately 3,000 feet away (down hill slope from them to subject) per my conversation with Mr. John /c -14, Rodeberg, City Engineer for the City of Hutchinson, on October 26, 1993. He does not make any reference for • these utilities in his adjustment process and /or market value correlation. This item must be addressed as it may affect the market value of this parcel before the acquisition. 3. The sales Mr. Johnson utilized sales that are generally in much better locations than subject in my opinion. Sales # 1 through 4 are much closer to the Hutchinson Mall and shopping area than subject and sales # 5 through 8 are all located in areas that appear to be developing at a considerably faster rate than subject's. While he explains the rationale for indicating that the sales price represent the top or bottom range of value he has not submitted adjustments that indicate the reasonableness of his adjustments. Mr. Johnson estimates the market value of this parcel after the acquisition to be $2,000 per acre, the reduction being due to the minimal depth of the land. This equates to a 501 reduction from the before value. This reduction in my opinion is too severe as the site should be able to be developed after the acquisition. A portion of this parcel is encumbered by designated wetlands. Mr. Johnson's appraisal does not appear to • address this issue in his appraisal report. It is noted that Mr. David Lorence, the appraiser that made the appraisal for Hutchinson, estimated the market value of this parcel by utilizing two sales from Hutchinson and two sales from Glencoe and concluded that the market value of this parcel was $3,100 per acre before the acquisition and $3,800 per acre after the acquisition, the increase being created due to the decrease in the size of the tract. Mr. Lorence did recognize that a portion of the tract is wetland and there is some low land adjacent to the designated wet land. He estimated that the designated wet land and adjacent low land has no value before and after the acquisition. The major problem with Mr. Lorence's appraisal is that it would be very difficult to demonstrate that there is a positive increment in value due to diminishment in size created by this acquisition. Considering the previous statements and the fact that there is a difference of $61,800 between the owners and the City's appraisal, area that should be considered and also that the city hire another appraiser from the Minnesota Department of Natural Resources Bureau of Real Estate Management Appraiser Master File List. cc: George Eckenroth, Valuation Manager Room 517, Transportation Building ) N t t U • ~ Carbonless • LETTER® 44.902 wilsbnjon s.Snap•A -Way® Forms TO UR � � SPEED LETTER- 7- CI IGIC!`T ��a'Wl- -��ARi r^l / :; �-f,-- - -^T':� -- •- ... - -- - ,-- �- - -.... v,.- MESSAGE DATE YIRRRII�IRMR • P�� •YMR N V.M �.RnR Nyta.•ewNralNP RFCIPICNT: BC1Aw Will II COPY, NLTVRN PINK COPY • • C. November 10, 1993 Mike Derrig, Project Architect Wold Architects 6 West Fifth Street St. Paul, MN 55102 RE: City Center Change Orders Dear Mike: Attached are the two change orders approved by the City Council at their meeting of Tuesday, November 9, 1993. Change Order No. 1 covers previously directed or approved items. Change Order No. 2 covers additional items requested. Please note that the garage (coil) door and roof walkways to skylights were not approved. We understand that the other items which we discussed are in the process of being quoted. We hope to approve these items as soon as possible. If you have any questions or comments, please give me a call. Sitcerejy, Aol4n P. Rodeber , P.E. D ector of En neering CC: Gary Plo z - City Administrator Ken Merrill - Finance Director Jim Marka - Building Official file: City Center Cihj Hall 37lVashington Aaenue West (612) 557 -5151 Parks & Recreation 900 Harrington Street (612) 557 -2975 Hutchinson, Minnesota 55350 - Printed on mcvded paper Police Deparhnent 10 Franklin: Street South (612) 557 -2212 / 11 c 0 M E M O R A N D U M November 9, 1993 TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering j RE: City Center /Change Order No. 1 The following is a list of all previously approved directives and changes to the contract. These should formally be approved as Change Order No. 1. . 1. Delete damp proofing at exterior front wall $ (118.00) 2. Add 3' door 149 (ADA) $ 451.50 3. Replace door /frame /hardware 149A (ADA) $ 756.00 4. Replace door frame 145 $ 362.25 5. Exterior expansion joint caulking S 644.70 6. Split room 144 /partial finish of half $ 717.15 7. Replace 4" sewer line $ 2,552.55 8. Weld existing steel columns S 78.75 9. Provide tackable surface /east wall, Council $ 210.00 10. Additional kick plates /lock functions $ 103.00 11. Replace PVC rain leaders with cast iron $ 3,394.00 12. Replace water meter S 317.00 13. Additional interior signage letters in Lobby $ 22.00 14. Revise toilet accessories (soap dispenser) $ 59.00 15. Hardware revisions (Card control /sound proofing) $ 810.00 TOTAL /CHANGE ORDER NO. 1 (Previously Approved Items) $10,359.90 • City Hall Parks & Recreation Police Deparhnent 37lVashington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 Ze —74, I M E M O R A N D U M November 4, 1993 TO: Mayor and City Council FROM: Gary Plotz, City Adminstrator John P. Rodeberg, Director of Engineering Ken Merrill, Finance Director Jim Marka, Building Official r RE: City Center Change Order No. 2 We have reviewed several proposed changes to the City Center contract. The following is a list of the proposed changes, the estimated costs of each, and our recommendations. Change Order No. 1 will also be presented at the Council meeting. This will formalize all previously approved work directives. ITEM EST. RECOHMENDED NO. DESCRIPTION COST ITEMS COST • 1 Garage door replacement (Too expensive!) $ 1,347 $ - 0 - 2a Install roof walkway to Mech. unit $ 630 $ 630 2b Install roof walkway to skylights $ 4,305 S - 0 - 3 Install additional electric outlets $ 735 S 735 (MV, clerk, TV, #152, #149/6 @ $105) 4 Replace defective metal roof decking S 394 S 394 5 Install monitor recess in lobby, including conduit and cable outlet S 378 $ 378 6 Install electric outlet on roof $ 225 $ 225 7 Install two display cases in lobby $ 958 $ 958 8 Install payment deposit box $ 1,014 $ 1,014 9 Delete redundant fire proofing $(1,566) $(1,566)* TOTAL PROPOSED CHANGE ORDER NO. 2 $ 2,768 * May be larger, pending review of revised shop drawings • Cihy Hall Parks &Recreation Police Departinent 37lVashington Avenue LVcst 900 Harrington Strcct 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2212 Hutchinson, Minnesota 75350 // %} ,.__fef .,p„ Vx!f ,-414 — / D'/ 1 SECOND AMENDED RESOLUTION AUTHORIZING ACQUISITION OF • ELECTRICAL SERVICE AREA BY EMINENT DOMAIN PROCEEDING RESOLUTION NO./e0,90 THIS RESOLUTION is made and entered this _ day of November, 1993, by the Hutchinson City Council. RECITALS: 1. The City of Hutchinson includes within its incorporated territory the following described real estate, hereinafter known as the "Compton- Anderson" property: The Southeast Quarter of the Southeast Quarter of Section 2, Township 116 North, Range 30 West of the Fifth Principal Meridian. Except the north 700 feet of the west 373.37 feet thereof. 2. The City of Hutchinson also includes within its incorporated territory the following described property, known as the "Walnut Ridge Estates" property: That part of Lot 7 of Auditor's Plat of the South Half of Section 30 and the North Half of Section 31, Township 117 • North, Range 29 West, City of Hutchinson, McLeod County, Minnesota, according to the recorded plat thereof: Beginning at the northwest corner of Block 1, Mac's Bluff Addition, according to the recorded plat thereof, being a point in the west line of said Lot 7; thence North 00 degrees 00 minutes 00 seconds on an assumed bearing along the west line of said Lot 7, a distance of 880.05 feet, more or less to the southeast corner of Lot 6,'Block 5, Hillcrest Addition, according to the recorded plat thereof; thence easterly along the easterly extension of the south line of said Block 5, a distance of 40.00 feet; thence northerly parallel with east line of said Lot 6 to its intersection with the south line of Lot 6 of said Auditor's Plat of the south Half of Section 30 and the North Half of Section 31, Township 117 North, Range 26 west; thence North 87 degrees 40 minutes 47 seconds East along the south line of the last mentioned Lot 6, a distance of 203.51 feet to the southeast corner of the last mentioned Lot 6; thence South 90 degrees 00 minutes 00 seconds East, a distance of 591.31 feet to the east line of said Lot 7; thence South 00 degrees 28 minutes 27 seconds East along the east line of said Lot 7, a distance of 1014.22 feet, more or less to the northwesterly right -of -way line of Bluff Street; thence South 42 degrees 09 minutes 02 seconds West along said right - of -way line, a distance of 272.67 feet to the south line of • said Lot 7; thence South 87 degrees 31 minutes 51 seconds West along the south line of said Lot 7, a distance of 177.75 feet to the southeast corner of Block 3 of said Mac's Bluff i �7 -A, Addition; thence North 38 degrees 45 minutes 48 seconds West along the northeasterly line of said Block 3 and its • northwesterly extension to the most northerly corner of Hillcrest Road as dedicated in said Mac's Bluff Addition, a distance of 312.70 feet; thence South 51 degrees 14 minutes 12 seconds West along the northwesterly right -of -way line of said Hillcreat Road, a distance of 6.81 feet to the most easterly corner of Block 2 of said Mac's Bluff Addition; thence North 38 degrees 45 minutes 48 seconds West along the northeasterly line of said Block 2, a distance 101.56 feet to the most northerly corner of said Block 2; thence South 51 degrees 14 minutes 12 seconds West along the northwesterly line of said Block 2, a distance of 65.59 feet; thence North 90 degrees 00 minutes 00 seconds West along the north line of said Block 2, a distance of 65.29 feet to the northwest corner of said Block 2; thence North 00 degrees 00 minutes 00 seconds East along the easterly right -of -way line of Walnut Street as dedicated in said Mac's Bluff Addition, a distance of 15.65 feet to the northwest corner of said Walnut Street,; thence North 90 degrees 00 minutes 00 seconds West along the northerly line said Mac's Bluff Addition, a distance of 165.00 feet to the point of beginning. Subject to easements of record, if any. 3. The City of Hutchinson also includes within its incorporated territory the recently annexed portion of Lynn Township hereinafter known as the "Lynn Township" property, legally described as follows: • See attached Exhibit 111" for the legal description which is incorporated as if fully set out herein. 4. With the exception of approximately 14 homes located in the so- called "Maryview Addition" and otherwise located along South Grade Road, all of the property described above is unimproved, but is the subject of plans for improvements in 1993, 1994 and subsequent years, with said improvements consisting of and including, but not limited to home building, road and utility installation and similar construction. 5. The McLeod Cooperative Power Association ( "Cooperative ") asserts that the property is part of the Cooperative's service territory. 6. As a result of an agreement dated March 11, 1974 between the City of Hutchinson and the Cooperative, the property described above is or ought to be within the service territory of the City of Hutchinson but the Cooperative has declined to transfer said property to the City of Hutchinson. 7. The City of Hutchinson provides electrical and other utility services to properties both within and without the City of Hutchinson and is in a position to provide services to the property . described above. 8. The City of Hutchinson and the Cooperative have been • unable to agree on the orderly transfer of the service territory for the above described property from the Cooperative to the City of Hutchinson. 9. For the convenience of the residents of the above described property and for other good and sufficient reasons, it is in the public interest for the City to acquire the electrical service territory for the above described real estate by the use of eminent domain proceedings. 10. Acquisition by the municipality of the electrical service territory furthers important public policy and municipal objectives including but not limited to local citizen control of electric rates, quality of service, maintenance of consistent construction standards and provision for a financial return to the City. 11. Acquisition of electrical service territory is important to the City and is consistent with acquisition of service territory in the past as the City has grown. NOW THEREFORE, BE IT RESOLVED by the City Council for the City of Hutchinson,, Minnesota: that the law firm of Arnold & McDowell, as counsel for the City of Hutchinson, is hereby authorized to commence and complete eminent domain proceedings pursuant to Chapter 117 of Minnesota Statutes for the purpose of acquiring the • electrical service territory for the above described real estate including authorization to acquire the service territory by the use of the accelerated acquisition provisions ( "Quick Take ") of Chapter 117 of Minnesota Statutes. Adopted by the Hutchinson City Council this _ day of November, 1993. Attest: Gary D. Plotz City Administrator • CITY OF HUTCHINSON Paul L. Ackland, Mayor EXCEPTION EXCEPTING THEREFROM that part lying in the North Half of the • Southeast Quarter and that part in the North Half of the Southwest Quarter, all in Section 2, Township 116, Range 30 West of the 5th Principal Meridian. • 11 _ .a Sr_, -e z : :e: c. car_t_cn 3 1 ry -.s\i E_s \CY c0c,, West. ..,. of the '.0 ^. 2, -dt Ca- :--at C - .oC -...T .L. - ._.. 'a __ •-- -e \C_... _st fie' -at „ Cdr:.. '.L c= CA c _v___C,.gl_E. _.. '- . - _ a CC-,:m.-.e :ast Qti LrL_r Sair _ ?C :lOa 2. ._ _- �• 1 v -- - -" -`__- Sto.1V, alc S Cae s=: :1 1: ._ .._ _ west 1]r9 C = ^S-"- 2tC- hcis.. QLa .. .... _ _ _ac. _ __ "_ GE _C - aCL1C:� Z: - -E� :a -F _L_:. ^ -. ^Ce .-_c_�V, 2 Y.0 :2: ^r _.. _G_L. 'S: 'd: - aCznn4 .0 at tre SC- C _ _ 1 _e- O Sd':_ _G'rL ells: YLL __S_ CF c_.r ]C\::. ^.4 LS.• 1C ' _ ' _^ v L <S•_v. °_., aaSL ..Er ^ nnT CC:. ° .37 zee-, .... -..C_ _ :J :-_ $Gut -'L °_s: C -r..ar C_ - _2 °_L SC_: :- .c_' :V C? .f:_ ...._ -..- - ` CDC,. 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T F rn:ag D ^r sd]G ...Ce .+, as .._-- c5 Z7 se CcnCs n .._ R : :d1 co r"70 CC _ ° (.4 N. iEeL a..:La .te �EC=ar :ac : c �r_es 13 nip :�: .1 12 :a c -Et alcra a taase. - _ W 13:3.E1 _ -- 2steriy, ee_lect T.g -5 ^e_.:e__y 1 -C- 4er1•y tangent to _rte Scc ^;1 2:; tr._r_- 'o . •213cC6 °c -et Eace • s a.so thence ^crt - U x. L e .i_at, ._ ,,.Les " <5 sECCres to . ^e :t `• _ ��eC :e25 O6T..;r,, : :eS 23 eC_..G __ �1 .:9sca :l.. pi. ^•c said >C c 50 decrees C4 ...r -a1 angle o� 13 _ _ .lv ^nor. °--y and W- �_ cec °gala - 527.:3 feet and d ce _ _-- t:_rce ueste._ , - .. - _-- - =-...C- _ -1 -n eES: �LL'3- d tall i•_S Cf 1 .�-`� = :ati =C1 tie we "1 ,D .vii .0 s• _. ��.v.C=, Lnd' a_Gag lira•,c _'•r ry'. a t:a "' , lire cf T=_- -D n 7J. lies- c. _,ytwooD r - as -:-.e 6+4_t r p 1aSt descried Curve, o -t sores _ - - t - - __ _ S. of - _ :Cy ^O L= .l':w000 - n3r.,CE zr:d along ..e s...=;er_ 7_ with L -:c "s3.00 :Ee: W scc-'1 line ` -'� to *.e is a:saC:icn w::• a line ?L :a : -el iii Laa E ;��Oa 1:-.e natal_ °1 s Gz.2l.el life, to -e • Lersacz' - N C_° 3Lid sod : . ^•2: 1y 1:••2 c_ :� -:i ii - ..A= 4CLC -': L..c ^c ai.^: - DzralGe l ^blit}: SL i�^.". south line cf the SCL':'•t 21 _`/ Lo a '- said SC4 i1 3a1_ c_ Secticn 2; L ^er :e Se "t", y, - SC least Q -e: c. W westerly, -e c: said . cc'.: :a Sal` c: sect, 3; : -ere -a sc.:mh lire sC�.n lint_ r ' tine "' W _y =.1 °; .r_nce ves:e_ Vp .t t° 6:11'1`4: i::7 Lad 33.Q� [test ._s_a_.y C. e 6FES.r _T -e SCCt.R 1` ❑2 C_ s_ n T1 tE :' - - -1 x. C to C° _ e SGL'L�1 .. ° _ .. •Ji -� SL '� ::43t li -r_ O_ �.. ._,•,n CY L' liae pa: al_e_ t 7 •Re t0 .nQ la_ °. Se Ca e �2c .on - _ Lie nc_LerlY =r c-- t• scri_2d cE:Ll_e_ 1:. , eC::GR 3f Lp a .:e: 52C_ :C.. •. itI1 rTC i.On 10 a -CE S L.'E. 1V, L10rG a 1251e last SL:'i cC ':.'.1 lc ^Q♦ t7 sa 5 1E LS_ C_ - -Er W 1. tr < < •d ♦e t`east Qc2 :rest c_ ec= t e-ca easterly, a_org 1r : c.c tea ll o .no rseezien to ,r the _as ran` :�s-C. sa.d "*rest: eas: Q--arm - G?`.ae r�.'C'- th lire c said Fcr:h L_. c �... _ i Zia : e S L :6] s _ _ _.. -..0 - _ eE a 6V L long .,u Cr Sen : .,cn 10; t..erce . - r : -_ OA Said ;cr :..East tiL'L -^ °. g at ., we _ .....E _ - W-t:i Line 3...isL d L-ne 3 's descried as c ^ :.•�E..c - - _ t _h - ° t Q northwest SC e O C _ r :� $E ^ -: '7 lts t a eas a- V L 0..g SL �LG „ 07 G C e °S '.. ti tv dE'te^ i .g to 5a < Li'te o L`e-ce sa o z,s e s x F 1 'set to t`'-e '^ECia .,g o. said y.. RCTt' :e.1y, along said a 3< _6. s c= x 71 a-c6 c_ 230. C0 r _ E.. e 7 _ _ Q RC h 1 a',..�`�°+.d'Y.",• c.sL 3 -sect; acs Li: c �. _ _ .. - --- _ --- - o .rs so h line of said ��- _ 0, s OQ SCC :CS _ _ _ -; t -r Q'J <44t scar 6._-1y CA Said - )C with SIC °_nE eT67en8`Cf Ca. a 616 CQ� C GsTtBg a ; : Vi::1 L @natal -ai ..1 .A L..r r3• - 4, a sec of 6` y Sect; _ t 17 1 to s L 1-2, `. -C tR l:n@ ` sand SEC. :off 12/ a lees eTly, a' Rd sa.' nc::z i s still section, 11 Lne e < . A Cz on 12 t. ^.E ce _ _ a _r ' line C. Sant ..6 -:1 ^. said center I]..e � a s .Y SEE PAGE 2 FOR EXCEPTION t • C l OPEN -HOLD COUNCIL REPORT Tue Nov 9 1953 08:56:51 Page 1 ----------------------------------------------- ! °87 IMPR011. BDS AM.NATInNAL BANK BOND INTEREST 1992 IMPRC.80S JUUL CONTRACTING CO EST *8 92 -10 R.P.UTILITIES EST 410 92 -18 1993 IMPRO.CON 8 BAUERLY BROS INC. EST #3 93 -09 ETC DORSEY & WHITNEY SERVICES FOR BOND ISSU JUUL CONTRACTING CO EST #1 #93 -16 ETC WM MUELLER & SONS EST #5 93 -06 ETC AIRPORT RENOVAT. MATHIOWETZ CONSTRUCTION EST #6 QUADE ELECTRIC TRENCH, STACK, ETC CENTRAL GARAGE BRANDON TIRE CO TIRES CALIFORNIA AUTO BODY REPAIR = CARQUEST AUTO PARTS PLUGS, FLAPS, ETC CHAMPION AUTO BATTERIES, MUFFLER, ET CITY OF HUTCHINSON NOV MEDICAL CROW RIVER AUTO REPAIR DYSON OIL INC SYNERGYN FARM & HOME DIST. CO ROLLER, CHAIN FORTIS BENEFITS NOV LTD G & K SERVICES SHOP TOWELS HUTCH COOP CENNEX REPAIR HUTCHINSON WHOLESALE TUBING, CLEANERS, ETC MACQUEEN EQUIP INC ROCKER SWITCH MN.MUTUAL LIFE NOV LIFE POSTAGE BY PHONE OCT POSTAGE SORENSEN FARM SUPPLY 480 WIGEN CHEVROLET CO HANDLE ZIEGLER INC CUTTING EDGES CITY HALL CONST. WOLD ARCHITECTS & ENGINEERS CITY HALL DESIGN ENERGY LOAN FD ABBY CO. & ELECTRICAL CITY OF HUTCHINSON BLDG PERMIT GENERAL FUND $22,350.00 $22,350.00 $5,964.09 $23,748.56 $29,712.65 $513.48 $2,363.06 $67,406.25 $203,402.46 $273,685.25 $111,186.09 $611.92 $111,798.01 $263.54 $613.27 $61.25 $229.15 $432.09 $38.85 $129.80 $42.38 $15.23 $46.72 $321.77 $229.68 $11.73 $6.09 $4.84 $3.32 $24.28 $966.31 $3,440.10 $3,165.30 $3,165.30 $5,316.80 $776.48 $6,093.28 OPEN -HOLD COUNCIL REPORT Tue Nov 9 1993 08:56:51 Page 2 -------------------------------------------------------------------------- A.J.SCHAAKE CO. 3 SERVICE PLAQUES $150.50 AARP 32 FOR DEFENSIVE DRIVE $256.00 ADAMEN,, MARIAN SR. DRIVE CLASS REFUND $16.00 • ADIRONDACK DIRECT FOLDING TABLE $257.16 ALBINSON 100'/30M $127.04 ALLEN OFFICE PROD WIRE TAGS $28.07 AM RISK SERVICES NOV SERVICES $800.00 AM.WELDING SUPPLIES OXYGEN, ACETYLENE $45.65 ANDERSON'S DECORATING CENTER PAINT $149.60 ANDERSON, NANCY ELECTION JUDGE $65.88 ARNOLD & MCDOWELL OCT COMPENSATION $3,233.00 BACK DOOR 12 HUTCH MUGS $44.73 BECKER ARENA PRODUCTS USED ACRYLIC $339.20 BENNETT OFFICE SUP. SERVICE CONTRACT $114.10 BERNICK & LIFSON PROF SERVICES $128.50 BIG BEAR WELDING RODS, HINGE $219.06 BRINKMAN STUDIO 9 VLT BATTERY $19.12 BRINKMAN, MILT SR. CLASS REFUND $16.00 BUS. RECORDS CORP. TRANSFER BOXES $20.61 C.RIVER VET CLINIC K -9 FOOD,80ARb $359.80 CAMERA SHOP DEV & PRINT $17.84 CHAMBER OF COMMERCE EQUIP USAGE $428.39 CITY OF HUTCHINSON NOV DENTAL $28,876.24 COMM TRANSPORTATION HANGAR PAYMENT $700.00 COPY EQUIPMENT INC PLOT PENS $21.73 COUNTRY KITCHEN PRISONER MEALS $9.85 COUNTY TREASURER REAL ESTATE TAXES $1,203.00 CROSS, KARLA ELECTION JUDGE $69.06 D & L MAUS STAR TRIBUNE SUBSCRIPT $13.20 bAGGETT, DORIS ELECTION JUDGE $70.13 DAPPER, PATTI VOLLEYBALL COACH $84.00 DEPT NATURAL RESOURCES DNR REG. FEES $441.00 DOBRATZ, SHELLI K. ELECTION JUDGE $61.63 DOBRATZ- HANTGE CHAPEL REPAIR MARKER $65.00 ERLANDSON, DAVID GUN CLEANING PATCHES $1.80 FARM & HOME DIST. CO 20' HI TE, T14P $161.47 FESTIVAL FOODS SOAP $106.90 FIELD'S HYDRAULICS CALCULATORS 2 CALCULATORS $28.00 FITZLOFF HARDWARE SNOW PUSHER, PAINT, BR $481.14 FLOOR CARE SUPPLY CLEANER, KITCHEN ROLL $1,118.81 FORTIS BENEFITS NOV LTD $1,103.20 FRANK, FERN ELECTION JUDGE $65.88 FRONT LINE PLUS FIRE & RESCUE 2 CAIRNS $89.18 FUTURE COMPUTERS SURGE ARRESTOR $63.85 G & K SERVICES UNIFORMS $653.11 GLENCOE UNIFORMS PLAIN TOE $54.95 GUARDIAN PEST CTL OCT SERVICE $68.43 ' HAGEN, RUTH ELECTION JUDGE $74.38 HAGER JEWELRY ENGRAVE 2 PLATES $23.72 HAMMOND- JOHNSON, MICHELLE TRAINING ADVANCE $100.00 HCUN- CH.410 CABLE FRANCHISE $750.00 HENRYS FOODS INC GUM & SEEDS RETURNED $50.50 HOLIDAY INN NORTH LODGING $132.76 • HOME BAKERY INC BUNS $55.05 HUTCH COMM HOSPITAL LAUNORY,ETG $991.75 HUTCH COOP CENNEX OCT FUEL $2,627.66 HUTCH FIRE & SAFETY RECHARGE $239.16 HUTCH IRON & METAL ROD $105.80 HUTCHINSON JAYCEES REFEREE 44 GAMES $440.00 HUTCHINSON LEADER COUNCIL PAY ETC $710.78 OPEN -HOLD COUNCIL REPORT Tue Nov 9 1093 08:56:51 Page 3 ---------------------------------------------------------------------------- HUTCHINSON TEL CO PHONE SEP,'J $3,945.04 HUTCHINSON WHOLESALE GEAR LUBE, OIL, FITTIN $159,66 INK SPOTS PHOTO MUG CARDS $32.91 . ISIA BADGES $619.00 J.P. NISSEN COMPANY FELTIP MARKERS $30.99 JOES SPORT SHOP PLAQUES $41.54 JOHNSON, ROSINA ELECTION JUDGE $70,13 K MART BATTERIES, FILM, ETC $121,04 KNIGGE, OARLEEN ELECTION JUDGE $69.06 KOKESH ATHLETIC DOWN BOX $91.67 KOTTKE, GRACE ELECTION JUDGE $68.00 KREIE, IRMA ELECTION JUDGE $68.00 KRSIEAN, ANNA DRIVING CLASS REFUND $8,00 KRUEGER, MARLENE ELECTION JUDGE $68.00 L & P SUPPLY CO REPAIR POLE SAW $27.50 LETN NOV SERVICE $288.00 M.C.M.T. INC MONTHLY FEE $21.85 MADSON, STEVEN TUITION & LUNCH EXPENS $106.95 MARCO BUS.PRODUCTS CLEANING PADS $79,32 MARK I OF NORTH AMERICA LIFE CAPTURE $231,30 MARKA, JAMES LUNCH MEETING EXPENSE $18.95 MC6ARVEY COFFEE INC COFFEE $56.40 MCLAIN, DEETTA ELECTION JUDGE $70.13 MCLEOD COOP POWER ELECTRICITY $502.46 MILLER, SEDONA ELECTION JUDGE $70.13 MINNCOMM PAGING TERM NUMERIC $114.12 MN DEPT OF REVENUE OCT.SALES TAX $298.00 MN.ELEVATOR INC ELEVATOR SERVICE $61.00 . MN,MUTUAL LIFE NOV LIFE $455.70 MOGARD, STEVE SCHOOL EXPENSE ADVANCE $300,00 MR. MOVIES BAVARIA & BEYOND $1.40 MUELLER, DAVE BCA SCHOOL EXPENSES AD $350.00 NO STATES SUPPLY INC GAL S -HOO $91.07 NORTH STAR TURF INC TURF MIXTURE $77,08 PALM, MIKE FIRE CHIEFS CONFERENCE $422.15 PEARCE, LORRAINE SOD DAMAGE REIMBURSEME $20,00 PETERSON BUS SERVICE BUS TRIP $316,80 PLOTZ, GARY D. SEMINAR BREAKFAST $134,05 PLUMBING & HTG DOCTOR STEAM TRAP CLEAN $82.48 POSTAGE BY PHONE OCT POSTAGE $665.86 PRO MAINTENANCE CLEAN CARPET $48,31 PROCHNOW, EVELYN ELECTION JUDGE $74.38 PUBLIC EMPLOYEES EXCESS POLICE STATE Al $14,482.89 QUADE ELECTRIC WIRING TO WARMING HODS $536,18 QUADES SPORT SHOP 50 MOUTHGUARDS $75.00 REINER LAWN IRRIGATION 6 MIDGETS $165.05 ROLFE, DELAINE ELECTION JUDGE $69,06 SCHMELING OIL CO 500 GALS DIESEL $488,30 SCHMIDT, HARRIET ELECTION JUDGE $68.00 SCHRAMM IMPLEMENT FUEL COND $14,86 SCHUETTE, SCOTT BOA SCHOOL EXPENSES $421.04 SCOTT & BOB'S TIRE REPAIR ZAMBONI $313,03 SHOPKO TIDE $7.44 • SIMONSON LUMBER CO LUMBER, NAILS $77.13 SIT 7, HAZEL MPTA CONF EXPENSES $92.40 SMILANICH, SCOTT BOOKS FOR COURSE $32.65 SORENSEN FARM SUPPLY SPUR GEAR $7.10 STANDARD PRINTING PAPER PUNCH $375,78 STAR CABLEVISION NOV SERVICE $4,08 TERRA TECH HAND PRUNER, BLADE $74,69 OPEN -HOLD COUNCIL REPORT Tue Nov 9 1993 08:56:51 Page 4 ---------------------------------------------------------------------------- TEWS, CLARA ELECTION JUDGE $63.75 TOTAL MART 100 :DASHES .150.00 TOTLISHEK, NORMA TRI CO WATER COND ELECTION JUDGE 20 SAGS SALT $E5,00 $88.18 TWIN CITY GARAGE DOOR CO. MOTOR START SWITCH $77.00 UNITED SLOG CENTERS LUMBER $161.42 UNIVERSITY OF MN 2 REG.- RODEBERG, RICE $60.00 UP & AWAY BALLOONS FALL DANCE $30.00 VANHALE, EVELYN ELECTION JUDGE $69.06 VFW POST 906 144 SERVED FOR BANQUET $1,080.00 WAL -MART MINI BLINDS,PLANNER, E $124,35 WEDGWOOD, JAMES VENTRILOQUIST SHOW $425.00 WEDIN, CHUCK ADAPT RED SUPPLIES $22.87 WESELOH, PHYLLIS ELECTION JUDGE $69.06 WIXCEY, HARRIET ELECTION JUDGE $64.81 XEROX CORP BASE BILLING 1035 $487.30 EBERT, DICK $79,482.16 RURAL F. D. HUTCH COOP CENNEX OCT FUEL $99.14 IDEAL SHOE SHOP REPAIR $20.00 SCHRAMM IMPLEMENT FUEL COND $14.86 $134.00 WATER /SEWER FUND AAGARO WEST OCT GARBAGE HAULING $21,490.71 • AM.NATIONAL BANK BOND INTEREST $166,800.00 ANALYTICAL PRODUCTS GROUP OCT STO SET $125.00 ANDERSON CRANE REPAIR REDUCER $1,199.85 BIG BEAR SHOVELS $72.69 BLAIR PUMP CO. PUMP $470.23 CARQUEST AUTO PARTS OIL FILTERS, PLUGS $40.99 CITY OF HUTCHINSON NOV DENTAL $7,348.81 CURTIN SCIENTIFIC CO COLIFORM, BOTTLE HOPE $123.32 O.P.C.IND.INC SULFUR DIOXIDE $138.45 DANO ENTERPRISES 1000 ECOLOBAGS $430.00 DORSEY & WHITNEY SERVICES FOR BOND ISSU $1,575.37 EBERT, DICK SAFETY BOOTS $30.00 FARM & HOME DIST. CO 461 DRIVEWAY, QUICK. RE $262.05 FEED RITE CONTROLS ACID HYOROFLUOSILICIC $447.36 FISCHER & PORTER METER $193.33 FISHER SCIENTIFIC BUFFER PAC $160.44 FIT 7LOFF HARDWARE 4 MULCH SLADE REFUNDS $20.00 FLOOR CARE SUPPLY CLEANER $12.78 FORTIS BENEFITS NOV LTD $132.83 G & K SERVICES UNIFORMS $242.59 GOODALL RUBBER CO HOSE, COUPLERS $127.95 HACH COMPANY MANUAL $271.50 HUTCH COOP CENNEX OCT FUEL $1,177.15 HUTCHINSON TEL CO PHONE SERU $448.62 HUTCHINSON WHOLESALE HOSES $4.27 • INDUSTRIAL DOOR CO INC REVERSING EDGE $268.89 INK SPOTS READ OUT CARDS $107.06 JERABEK MACHINE SERV EYE BOLTS $47.57 L & P SUPPLY CO PAINT $101.14 MEECE, MERLE CONFERENCE EXPENSES $27.87 MID CON SYSTEMS INC CITRA FLOAT $111.19 MN DEPT OF REVENUE OCT.SALES TAXES $2,929.00 • OPEN -HOLD COUNCIL REPORT Tue Nor 9 1993 08:5601 Page S ------------------------------------------- MN VALLEY TESTING LAB ----- --------- ---------- TESTING - - - - --- $48.00 MN.MUTUAL LIFE NOV LIFE $54.18 °JCL PAPER REFILLS, ETC $347.87 NORTHERN WATER WORKS SUPPLY CALIBRATION KIT $S55 29 OFFICE PRODUCTS REPAIR HP TERMINAL 02E.00 POSTAGE BY PHONE OCT POSTAGE 01£.34 QUAOE ELECTRIC CORD CONN $31.42 SCHMELING OIL CO RYKON MV $30.62 SERCO LABORATORIES TESTING $75.00 SHARE CORP HAND SOAP $45.11 SORENSEN FARM SUPPLY SCAFOLDING RENT $27.69 STANDARD PRINTING PROTECTORS, LIQUID PAP $10.38 TECHNICAL INDUSTRIAL SALES 0 RINGS, SEAT, WASHERS $89.38 TKDA PROF SERVICES $353.20 TRI CO WATER COND 3 BAGS SALT $14.70 UNITED BLDG CENTERS PINE, CORNER IRON $230.70 VIDEO ACTIVE PRODUCTIONS COMPOSTING VIDEOS $50.00 VIKING PIPE SERVICES CO TELEVISING SEWERS $3,329.88 VWR SCIENTIFIC INC FUNNEL $141.57 $213,115.35 YOUTH CENTER CITY OF HUTCHINSON NOV DENTAL $188.95 FORTIS BENEFITS NOV LTD $12.90 MN.MUTUAL LIFE NOV LIFE $5.25 POSTAGE BY PHONE OCT POSTAGE $1.16 SHOPKO BATTERIES $8.05 $216.31 $743,192.41 • • OPEN -HOLD COUNCIL REPORT Tue Nov 9 1993 08:54:,9 ----------------------------- 1008 Tmoon one aM.M&TTONIAL BANK 1993 IMPRO.CON B DEPT NATURAL RESOURCES MN DEPT OF HEALTH MPCA GENERAL FUND DEPT NATURAL RESOURCES DEPT.NATURAL RESOURCES FLORENCE REINERT & PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. G.T. GROWTH GREAT WEST LIFE INS. CO. H.R.L.A.P.R. ICMA RETIREMENT TRUST MN DEPT OF REVENUE PERA LIFE INS CO. PERA- D.C.P. - PRUDENTIAL PRUDENTIAL MUTUAL FUNDS PUBLIC EMPLOYEES TEMPLETON INC WADELL & REED WITHHOLDING TAX ACCT WATER /SEWER FUND U S POSTMASTER INTEREST PERMIT APPL PLAN REVIEW FEES PERMIT APPL TITLE REG FEES DNR REG FEES EST 42 EMPLOYEE CONT- DEF.COMP EMPLOYEE CONT.OEF.COMP EMPLOYEE CONT.- DEF.COM EMPLOYEE CONT.PENSION EMPLOYEE CONT.OEF.COMP EMPLOYEE CONTRI PAYROL EMPLOYEE CONT -LIFE INS EMPLOYER CONTRIS 10 -23 EMPLOYEE CONT.OEF.COMP EMPLOYEE CONT.DEF.COMP EMPLOYER CONTRIS 10 -23 EMPLOYEE CONT.DEF.COMP EMPLOYEE CONT.DEF.COMP EMPLOYEE CONTRIS 10 -23 POSTAGE FOR WATER BILL Page 1 $3G.00 $36.00 $75.00 $300.00 $480.00 $855.00 $10.00 $378.00 $2,761.00 $3,149.00 $545.00 $175.00 $110.00 $157.46 $1,514.00 $4,859.91 $12.00 $57.42 $140.00 $318.46 $11,746.16 $95.00 $150.00 $24,280.29 $44,160.70 $170.00 $170.00 $48,370.70 . HANDWRITTEN CHECKS Tue Nov 9 1993 ,LIQUOR FUND Lundholm, Lori clean windows 42.60 Coast to Coast staple gun, staples 35.53 Hutch Utilities elec & gas 633.89 Junker Sanitation refuse service 166.78 Hutch Leader adv 353.48 TV Facts adv 140.00 Electro Watchman qtrly charge 698.64 Bernicks Pepsi pop 45.19 Hermel Wholesale cigarettes 395.06 Henry's Foods cigarettes 1,290.53 Viking Coca Cola pop 477.10 Sprengler Trucking freight charges 794.03 Bernicks Pepsi Pop 189.42 Allen Office feather dusters 95.53 Am Linen towel service 50.35 Hutch Telephone phone service 98.06 City of Hutch lottery sales 149.00 Home Bakery donuts 40.00 City of Hutch payroll 10 -29 6,851.26 Johnson Bros wine & liquor 13,876.26 Ed Phillips wine & liquor 3,461.78 • Quality Wines wine & liquor 4,187.29 Griggs Cooper wine & liquor 13,401.05 Friendly Bev beer 753.45 Jordan Beverage beer 1,089.20 Lenneman beer 8,988.65 Locher Bros beer 10,914.03 Triple G pop 8.00 Triple G beer 24,427.05 TOTAL 93,653.21 • , DAVID B. ARNOLDI GARY D. WDOWELL STEVEN A. ANDERSON MA 0. MARRY RRR Y ANDERSON` STEVEN S. HOOF LAURA E. FRETLAND DAVID A. BRUEOOENANN PAUL D. DOVE`• JOSEPH M. PAIEMENT` RICHARD O. Mc OEE CATHRYN D. REBER GINA M. BRANDT BRETT D. ARNOLD ALSO ADM]TSED IN T.LS M'D NEW YOB. IAI50 ADMITTED IN WISCONSIN ARNOLD & MCDOWELL ATTORNEYS AT I..AW 5881 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416 -1492 1612 1 545-9000 Gary D. Plotz Hutchinson City Administrator A r 37 Washington Ave. W. Hutchinson, MN 55350 MN TOLL FREE 800.3G,'1 -4545 FAX 16121 506 -1790 October 19, 1993 RE: Adoption of Uniform Fire Code Our File No. 3188 -87001 Dear Gary: OF CAUN5E1 WILLLAM W. CAMEHON RAYMOND C. LALLIER 801 SOUTH FOURTH STREET PRINCETON, MIMNESOTA 66071 16121 089 - 804 PAX 16181 089 -6606 101 PARE PLACE HUSCHINSON, MINNESOTA 56050 16121 587 -75 75 FAX 16121 587-4096 a RFZEIV —M w � a 1t FOR YOUR INFORMATION As you may recall, the City Council requested that our office look into the issue of whether or not the City of Hutchinson needs to adopt the revised Uniform Fire Code. I am enclosing a copy of correspondence from Jon R. Nisja at the State of Minnesota Fire Marshall's Office. It is my conclusion that we do not need to adopt the State Fire Code revisions. Any citations issued can use the state statute and I am not aware of any local differences in so far as the State Fire Code is concerned. Under the circumstances, I am not recommending any action by the City Council. Please do not hesitate to contact me if you should have questions in connection with the foregoing. Best regards. truly Very Enclosure cc: Mike aim / V 'CERTIFIED AS A CI \'IL TRIAL SPECIALIST BY THE 1111NF.10TA STATE HSR ASSOCIATION 'CERTIFIED i5 A REAL. PROPERTY LAti SPECIALIST PS THE 4ISSESOTA FTATL BAR ASSOCIATION DAVID H. ARNOLDI GARY D. MCDOWELL STEVEN A. ANDERSON O. HARRY ANDERSON' STEVEN S. HOGE LAURA E. FRETLAND DAVID A. ERUEGOEHARN PAUL D. DOVE " JOSEPH M. PAIEMENTI RICHARD O. WOEE CATHRYN D. REUER GINA M. BRANDT DRETT D. ARNOLD • AISO ADMIT tB IA Tr. %AS 11D 1E YORK ALSO ADMITTED IN WISCONf I_\ ARNOLD & MCDOWELL ATTORNEYS AT LAW 5881 CEDAR LASE ROAD MINNEAPOLIS, MINNESOTA 55416-149Q 16121 545-9000 MN TOLL FREE 600- 343 -4646 FAX 16121 646 -1793 Gary D. Plotz Hutchinson City Administrator + 37 Washington Ave. W. Hutchinson, MN 55350 October 28, 1993 RE: Adoption of Uniform Fire Code Our File No. 3188 -87001 Dear Gary: or CAUNSEL WILLIAM W. CAMERON RAYMOND C. TALLIER 501 SOUTH FOURTH STREET PRINCETON. MINNESOTA 66371 M121 369- 2214 FAX 16121 339 -6606 101 PARE PLACE HUTCHINSON, MINNESOTA 55350 16121587-7575 FAX 0121587-4096 Enclosed please find a copy of the correspondence from Jon R. Nisja, a supervisor at the State Fire Marshal's Office. I believe the correspondence is self- explanatory. ft As pointed out in my correspondence of earlier this week, I concur with the recommendations of Mr. Nisja and I would suggest both his letter and my communications be made a part of the present council packet. Best personal regards. Very truly yours, ARNOLD & McDOWELL G. Barry Anderso GBA/pb Enclosure J 'CERTIFIED AS A C11 IL TRIAL SPECIALIST BY THE NINSESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LW SPECIALIST BY THE MI]NF.SOI_I STATE BAR ASSOCIAT "10\ Tk STATE FIRE MARSHAL DIVISION 285 BIGELOW BUILDING as450 NORTH SYNDICATE STREET ST. PAUL, MINNESOTA 55104-4127 TELEPHONE: (612) 643 -3080 October 7, 1993 Mr. G. Barry Anderson Arnold & McDowell Attorneys 5881 Cedar Lake Road Minneapolis, MN 55416 -1492 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY RE: Adoption of Uniform Fire Code Your File No. 3188 -87001 Dear Barry, I am writing in response to your letter dated August 25, 1993 concerning the need for local adoption of the Uniform Fire Code (UFC). First of all I must apologize for the delay in responding to your letter. Your letter inquired as to the need for local adoption of the fire code. Pursuant to Minnesota Stands, section 299F.011, Subdivision 4 the fire code is in effect throughout the state and in all political subdivisions, Therefore, local adoption is not specifically needed unless the city intends to make local amendments to the code as permitted by Minnesota Statutes, section 299F.011, subdivision 4, or desires to have the ability for local fire c+o& officials to issue citations which are typically done from a city ordinance rather than state statutes. As to your question of imposing additional burdens on the city should it elect to adopt the code, our response is that the code is fashioned to place any burdens on the property owner (who is ultimately responsiible for fire safety), not on the enforcement agency or official. In the various administrative articles of the code, most notably Article 2, you will find that most of the duties and responsibilities for enforcing the code are discretionary and use phrases such as 'The chief is authorized to ..." rather than 'The chief is required to ..." so I see We added burden to the enforcement agency or official. In the statewide adoption process, we go to great lengths to incorporate provisions desired by local fire officials so that there is not a need for each municipality to adopt the code especially in view of the fact that the code is updated every few years. Also, for your information, please be aware that we have recently adopted the 1991 edition of the Minnesota Uniform Fire Code which became effective August 23, 1993. This edition of the code was adopted pursuant to Minnesota Rules, parts 7510.3290 through 7510.3480. Thank you for you time and consideration and I hope that this information helps. If I can be of further assistance, please do not hesitate to contact me. Sincerely, • (�r, ,12�\;- Jon R. Nisja, Supervisor AN EOUAL OPPORTUNITY EMPLOYER C. November 4, 1993 FOR YOUR INFORMATION Mr. & Mrs. Leonard Walquist 612 Lynn Road Hutchinson, MN 55350 Mr. 6 Mrs. Ed Homan 616 Lynn Rd. Hutchinson, MN 55350 Dear Mr. & Mrs. Walquist and Mr. & Mrs. Homan, On November 1, 1993, the Hutchinson Planning Staff discussed your common driveway /fence issue, and it was the unanimous consensus that all fences constructed on common driveways are unusual conditions, therefore requiring a • Conditional Use Permit. Some of our discussion focused on the confusion as to why the fence has been constructed. Clearly, a previous understanding between yourselves had been reached evidenced by the common curb cuts and the driveways being constructed at 0' setback. In any event, you are encouraged to submit the enclosed Conditional Use Permit application along with the $75.00, fee or remove your fence respectively by November 30, 1993. If an agreement is reached privately between yourselves, we would also be receptive to a compromise. If you have any questions on this matter, please direct your questions to Mr. G. Barry Anderson or Ms. Gina Brandt, legal council for the City of Hutchinson. Thank you for your cooperation. CITY OF HUTCHINSON HUTCHINSON PLANNING STAFF cc: mayor and Council Planning Staff /Commission Legal Council - Arnold & McDowell • City Hall Parks & Recreation Police Department 37 Washington Avcnue Wcst 900 Harrington Street 10 Franklin Street South (612) 557 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 • HUTCHINSON FIRE DEPARTMENT MINUTES REGULAR MEETING Monday, October 4, 1993 The meeting opened at 8:30 p.m. A motion was made and seconded to approve the minutes as read. The bills and runs were read as follows: CITY AND RURAL ACCOUNT Kurt Reiner 45.00 Two -Way Comm 30.00 Two -Way Comm 1,178.96 Schramm Imp. 7.91 Hillyard Floor 12.08 Hillyard Floor 8.69 Cenex 13.21 Ink Spots 95.34 Brandon Tire 279.04 Bennett Office 10.00 Front Line Plus 416.35 Front Line Plus 58.17 stival Foods 4.93 ast to Coast 5.79 Coast to Coast 4.82 Coast to Coast 6.54 Total $ 2,176.83 GENERAL ACCOUNT Weargaurd Hager Jewelry Cashwise Roadside Inn Art Kzmarick MN Fire Service 93.28 8.00 138.64 58.64 5.26 20.00 Total $ 323.82 RUNS 9/1 Rauch 9/3 Reiner 9/4 14974 150th St 9/4 Dostal 7 Meyer 0 Reiner 10 Rauch 9/10 HTI 9/11 Olson 9/13 Meeker /McLeod 9/14 Mutual Aid 9/19 Northgate Apt 9/19 Falling 9/22 Howe 9/23 Valley Vista 9/24 Forbes Auto 9/24 Arch & Michigan 9/24 Hospital 9/27 Med Center 9/27 Koeller 9/29 Papenfus 9/13 Drill 9/20 Live Burn 9/25 Mutual Aid 9/27 Drill HUTCHINSON FIRE DEPARTMENT MINUTES 10/4/93 • A motion was made and seconded to approve the bills and runs as read. Casey S. reported help needed for Fire Prevention Week. Sign up in control room if available. Brad E. reproted portable radio was found. The meeting adjourned at 8:42 p.m. Submitted by, Bob Schantzen Secretary • • 0 J HUTCHINSON FIRE DEPARTMENT MINUTES OFFICER'S MEETING Monday, October 11, 1993 The meeting opened at 8 :31 p.m. Mike S. reported inlet screen must be on when pumping to protect pump. Jim P. reported please check SCBA Airmasks. Do not hook on tank so facemask takes a set. Tom G. reported 7 candidats took the test. The department welcomes 2 new reserve members; Joel Grimstead and Russ Duenow. Meeting adjourned 8:55 p.m. Respectfully submitted by, Bob Schantzen Secretary T0: Mayor and Council FROM: Brad Emans, Fire Chief HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 MONTHLY CITY COUNCIL UPDATE October, 1993 The Hutchinson Fire Department responded to 23 calls for the month. Some of the calls included: - A fatal car accident in Boon Lake Township, 16 year old. - An apartment fire upstairs at 135 Main St. - A house fire at 826 Maple St. - A house fire at 700 Shady Ridge Road. . - An ammonia leak at Cenex on Hwy 22 So. A house fire at Lot 162 Country Club Terrace. A house fire at 1318 Jefferson. - Three vehicle fires. 0 Drills and Extra Duty: - The recruiting test for new firefighters was held on October 2, seven tested and two were put on reserve. - We had a pumper drill on October 11. - We had a Rescue drill with the high school health class, it was a two vehicle accident with eleven victims on October 11. - On October 18 we had a City Tactics Drill. - On October 28 and 29 we put 250 second graders from the Park Elementary school through our Fire Safety trailer. CITY OF HUTCHINSON LIQUOR I ,_ . .. IIImAI W■I■1■ ■m ■I ■I■nAV■I ■mC1 1■I ■■IR41 ■NIA3b! ■I ■WA�f ■9 1■I■ ■I ■mni■I SEPTEMBER . .',M■W ■m® 1993 LIQUOR TOTAL In111E11■ ■I■n-71A = in ■I ■ Ulm ©I ■ ■I■IUmgm■ Nlm®I■ ; 1,429 3,029 461 225 5,144 ■ ■lG�■■1'1!■■■li ■I ■■!!!1! ■I■�l® 3 3,309 5,232 964 441 9,946 WIN m ■■■1■1 ®■ISN■ImN ®■1 ■I ■mm® 4 4,328 8,590 976 711 . , mlo� �f�ImWm■Im■1■mm■I■mm■I■moin n11NC�1■msr m�■I■mm- mi■mp■iNYr 1■I ■ mnls LABOR DAY 0 IN mpol■■lm : 3,438 i : . Wm109 1,267 1,860 216 139 3,482 ; mm/ n■■■ I■I�r■imma�± ■I■m ■I■1■�nn ■I■mnl■ 2,638 4,728 689 257 8,312 nlun� ■mf�a+■f■■�:: ale;■ ■In�a� ■I■nA:� ■■■►a�;■I■1�� 11 2,469 2,910 047 336 6,562 24o798 ■Im� NImNm■Imimm ■I ■mm ■ low lm■I■nlln 13 1,116 1,573 199 120 3,008 111111■J I ■1 ■■ nn■ I■ m :!■I■IIIIkL7■I■n�1�10E■I ■WIII ■! 14 1,056 1,310 257 93 2,716 mmNo ►■ 15 1,169 1,653 274 146 3 242 �■ Wf fiL■I■W�■I■mR� ■I■W'L�JE! ■I■nlm■� mmmin ■■mr� ■ ■ma�■I■ ■111 ■ ■W!�7C ■I■nun■I 3,836 735 III ■Dl11 ■� ■I ■InG!r ■I ■NIA'f7 ■I■ W I'f ■I ■Ik�A ■I ■mlll■I , ; ; 1111= IJI■ 1■ 1l ■I ■Ik7 ■ ■NAa►f� ■I ■ ■1 ■I ■■11.' ■I ■111111 ■I nl in W,■I■Ire■I■WO ;■f■W�er ■I■Ahr� ■I■ +��,�■I 0 Illul■■ mm ■I■Nlm�■Wm■I■ulm■I■Wm■I■ninl■I 22 1,192 1,752 238 146 3,328 nlm6111■lumrx■ ■ 23 1,287 1,997 379 230 3,893 nAE�C ■1■mA�'J ■I■mA9r ■ ■I■'l►1R71■mm■I 24 2,168 4,376 574 327 7o445 ■1p ! !1 ■m'kl■I■Irf1'7' ■I ■1111 " ■I■mN��JI ■1 11 NUMBER, 25 Nlm. I■1■Ilr 9m1 onAA ■I ■N11�1 ■I ■mA ■I ■IL!! ■I ■nlnl■ Mill I■UA a■!■NI1Ff■I■m_. ; ®Wm ■I■mr■I■n�. ,■f■m ■!■ ■■ rani ■I■1�►�■I■1■■I■ ■Ie ■■m■I■nlm■' mnl ;4 30 1,649 2,012 447 164 4,272 ■ NNU ■ ■INm■■mm ■I■mm ■i ■mm ■I ■mbl ■imul ■ null! l■ unAn,■!■ Inn�a ■I■Inr■I■mre>F ■I■le�r■I■unn11N 5,560 !■ mmAll■ INIIAA■ I■ 1N� ■I ■mA7M ■I ■W1l3 ■ ■N!!�1 ■I ■Illm■ 92 TOTAL 37,196 . • 5,055 111,370 ■IIIINE�I ■IUTt ■I ■NA■I■ ®! ■I■ W ■I ■Nal�l■I ■N7A�! ■, Ilk OF SALE 14 53 9 4 100 ■ WIII■■ m ■ MME = nElm ■ 1■III m■!■mmn ■mm■f■mm■I■mIn■I■nnn■ W m ■i ■mEll�l ■11117.1■ W 1111 ■m!■7■I ■BII}� ■'11111 W ■ ■ INI■ I ■mm■i■mm■i■mm■I■mm■I■Inm■i■mm■I m111■ I■ InnlNnlm■I■mm■I■m■!■■m!N■1■ulUl n11n■ ■IK..1!�"JmmaolNAtAlo ®u ■ ■m� 'IU■i■ �m IMMUNE IN Nnl■ m�u■ Il�I i cc, �lI,IPI ■■ �� ■I �N ■N1.�lNI ■■�ii�i ■ ■ ■1� ®NS■I■0�■I■�01■I■ ® ®■ ■ ®® 1J:4■NI ■�J ■ ■�� ■I� W II�Ni ■N!I!I�NI ■IN® 1171►.�NI ■®1�&8! ■I■ ■ ■NI NI■N9E4�1 ■I ■■1111 �JIfR�l�lll :� ■ ■�� ■ ®�NI■■1�:■ ■■INI x.$41- �I�D�� ■N��■�e�w�r� Hmii■nmmmmm sm °� ® ®®miii■®rl :1�i�■■1■[�N1■1!1■ " i■iN ■■1�■I NINI■ ■1■1pppp1 ■1■IIINI 1 ■1 ■INIIMini In 11211111M ME ■ 11 14 11 CITY OF HUTCHINSON LIQUOR STORE COMPARISON OCTOBER --------------------------------------------------------------- OCTOBER TOTAL 1993 _____________________ LIQUOR BEER WINE _____ MISC. TOTAL BY WEER 3 1 2,839 4,483 _____ 813 __ ______________ 293 _ 8,42816 ____ 2 2,583 4,016 707 428 7,734 5 16,162 6 4 905 1,502 223 123 2,833 5 999 1,409 208 96 2,712j�;6 6 1,250 1,967 391 129 3,737 T'.. 7 1,450 1,872 356 161 3,839 -41 9 8 2,922 3,592 800 240 7,554 10 9 2,405 3,716 025 273 7,219 27,894 11 1,145 1,425 238 157 2,965 x'13 12 1,129 1,526 199 104 2,958 13 1,102 1,344 279 81 2,806 II❑ 14 1,171 2,031 318 138 3,658 ;'15 15 2,674 4,344 708 235 7,961 16 2,444 4,078 588 226 7,336 Ills 27,684 u 18 1,086 1,393 210 112 2,001 �I6 19 1,105 1,641 101 122 3,049 20 1,430 1,668 320 117 3,535 '19 21 1,535 2,090 452 91 4,168 1',N 22 2,385 3,929 561 269 7,144 23 2,237 3,590 812 285 6,924 t 27,621 {122 25 1,221 2,181 283 128 3,813 23 26 848 974 212 108 2,142 121 27 1,340 1,520 220 154 3,234 28 1,490 2,065 394 178 4,127 20 29 2,610 3,773 768 264 7,415 'M 30 3,036 3,784 878 293 7,991 .22 28,722 29 TOTAL 45,421 65,913 11,944 4,805 128,083 z9 92 TOTAL 41,918 61,387 10,425 5,350 119,080 "'uo t OF SALE 35 51 9 4 100 11 R SALES INC OR DEC 9,003 8 t , 33 134 :1�i�■■1■[�N1■1!1■ " i■iN ■■1�■I NINI■ ■1■1pppp1 ■1■IIINI 1 ■1 ■INIIMini In 11211111M ME ■