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cp08-24-1993 c• I SUNDAY MONDAY I TUZSIN HUTCHINSON CITY CALENDAR Week of A11911st 22 to August 28 1 9 9 3 WEDNESDAY -25- 10:00 A.M. - Directors Meeting at City Hall 5:30 P.M. - 19th Annual Cit Appreciation Picnic at Civic Arena MCLEOD COUNTY FAIR — — — — — — — — — — — — — — AUGUST 20 - 24 i 1 7:00 P.M. - Special Meeting c City Council at New City Hall Re. Construction Materials 6:30 P.M. - Special Closed Meeting of City Council /City Hall 7:30 P.M. - Airport Commission 7:30 P.M. - City Council Meeting at Airport Meeting at City Lobby I Hall FRIDAY -27- SATURDAY -28- VACATION /CONFERENCE: GARY D. PLOTZ - Aug. 23 -24 BONNIE BAUMETZ - Aug. 23 -27 ,JIM MARKA - Aug. 26 -27 & 30 STEVE MADSON - Aug. 26 -27 JO RUNKE - Aug. 30 -31 AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 24, 1993 1. Call to Order - 7:30 P.M. 2. Invocation - Rev. Richard Gross, St. Anastasia Church 3. Consideration of Minutes Regular Meeting of August 10, 1993 and Bid Opening of August 16, 1993 and August 17, 1993 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Financial Report - July 1993 2. City Investments Report 3. Planning Commission Minutes of July 20, 1993 4. Hutchinson Housing & Redevelopment Authority Minutes of July 20, 1993 5. Hutchinson Housing, Inc. Minutes of July 20, 1993 6. Tree Board Minutes of May 17, 1993 (b) Bingo License Application for St. Anastasia Church (c) Appointments: (1) Hospital /Nursing Home Board - (2) Parks, Recreation & Community Education Advisory Council - -Mike Schall, Mike Cannon, Lee Cox, Linda Martin, Rev. Brian Brosz, Loretta Pishney, J.P. Auer, Mary Ann Kasich, Bruce Rosenow, Robert Hantge, Councilman John Mlinar, and School Board Member Doug Brown Action - Motion to order report and minutes filed, issue license and ratify appointments CITY COUNCIL AGENDA - AUGUST 24, 1993 0 5. Public Hearing - 8:00 P.M. (a) Intoxicating Liquor License for William J. Miles, dba Underground Bar & Grill Action - Motion to close hearing - Motion to reject - Motion to approve and issue license 6. Communications. Requests and Petitions None 7. Resolutions and Ordinances (a) Resolution No. 10044 - Resolution For Purchase Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of Adoption of City Drug Testing Policy (DEFERRED AUGUST 10, 1993) Action - (b) Consideration of Including Volunteer Firemen In Personnel Policy As It Relates to Drug Testing (DEFERRED AUG. 10) Action - (c) Discussion of Status of Sheppard House (DEFERRED AUG. 10) Action - (d) Consideration of Request for HCVN -TV to Locate In New City Hall (DEFERRED AUGUST 24, 1993) Action - (e) Consideration of Electrical Service Condemnation (DEFERRED JULY 27, 1993) Action - 2 i CITY COUNCIL AGENDA - AUGUST 24, 1993 • 9. New Business (a) Consideration of Delinquent Water and Sewer Accounts Action - Motion to authorize extension of payment period - Motion to authorize discontinuation of service (b) Consideration of Change orders for New City Hall Action - Motion to reject - Motion to approve (c) Consideration of Adopting City Vision Statement Action - Motion to reject - Motion to approve (d) Consideration of Purchase of Brush Chipper for Forestry Department Action - Motion to reject - Motion to approve (e) Consideration of Replatted Preliminary and Final Plat of Helland's Ninth Addition Submitted by Tischer Homes Inc. with Favorable Recommendation of Planning Commission • Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10042 0 (f) Consideration of Rezoning Lot Split of Property On Michigan Street from C -4 to R -3 Submitted By Paul Betker with Unfavorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (g) Consideration of Variance to Reduce Side Yard Setback Located On Michigan Street Submitted By Paul Betker with Unfavorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve (h) Consideration of Conditional Use Permit to Construct 7 -Flex On Michigan Street Submitted By Paul Betker with Unfavorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve 3 CITY COUNCIL AGENDA - AUGUST 24, 1993 • (i) Consideration of Conditional Use Permit to Place 1400 Cubic Yard of Fill for Berm Located at Tartan Park Submitted By City Staff with Favorable Recommendation of Planning Commission Action - Motion to reject - Motion to approve - Motion to waive reading and adopt Resolution No. 10043 (j) Consideration of Final Plat of Mac's Second Subdivision within Two Mile Radius (Aroma Township) Submitted By Roxanne Kokesh with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (k) Consideration to Begin Annexation Proceedings within Two Mile Radius (Hassan Valley Township) Requested By Larry McKimm with Favorable Recommendation of Planning Commission Action - Motion to refer to Minnesota Municipal Board (1) Consideration of Sketch of Willis Miller Property within Two Mile Radius (Hutchinson Township) Submitted By Frank Fay with Unfavorable Recommendation of Planning Commission Action - Motion to refer to County with objection (m) Consideration of Final Plat of Koellns Subdivision within Two Mile Radius (Hutchinson Township) Submitted By Gerald Koelln with Favorable Recommendation of Planning Commission Action - Motion to refer to County with no objection (n) Consideration of Setting City's Levy Public Hearing Action - (o) Consideration of Request from Hutchinson Community Hospital to Purchase Teleradiology Action - Motion to reject - Motion to approve (p) Consideration of Burns Manor Remodeling Project Action - Motion to reject - Motion to approve 4 i . CITY COUNCIL AGENDA - AUGUST 24, 1993 (q) Consideration of Request from Hutchinson Community Hospital to Purchase Computers Action - Motion to reject - Motion to approve (r) Consideration of Request from Dlint Gruett for "Limited Parking" Signage Action - Motion to reject - Motion to approve (s) Consideration of Adopting 1988 Minnesota State Fire Codes Action - Motion to reject - Motion to approve - Motion to waive first reading of Ordinance and set second reading for September 14, 1993 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 u 1E • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 10, 1993 1. The meeting was called to order at 7:30 P.M. by Vice - President Mlinar. The following were present: Vice - President John Mlinar, Councilmen Craig Lenz and Marlin Torgerson. Absent: Mayor Paul L. Ackland, Councilman Don Erickson, City Administrator Gary D. Plotz, and City Engineer John Rodeberg. Also present: Assistant City Engineer Cal Rice, Finance Director Kenneth B. Merrill, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Richard Gross. 3. MINUTES The minutes of the regular meeting of July 13 and July 27, 1993 and bid openings of June 18 and August 10, 1993 were approved as distributed. 4. ROUTINE ITEMS • (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - JULY 1993 2. AIRPORT COMMISSION MINUTES OF JULY 26, 1993 3. LIBRARY BOARD MINUTES OF JULY 19, 1993 The motion to order the report and minutes filed was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried. 5. PUBLIC HEARING None 6. COMMUNICATIONS. REQUESTS AND PETITIONS None 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 93 -90 - AN ORDINANCE INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS OF LAND INTO THE CITY OF HUTCHINSON L�� CITY COUNCIL MINUTES - AUGUST 10, 1993 The motion to waive second reading and adopt ordinance was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (b) RESOLUTION NO. 10029 - RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO BEGIN PLANNING AND DESIGN OF THE HUTCHINSON AREA TRANSPORTATION FACILITY The motion to waive reading and adopt was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (c) RESOLUTION NO. 10030 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (LETTING NO. 4, PROJECT NO. 93 -05) The motion to waive Councilman Lenz, sec( unanimously carried. (d) RESOLUTION NO. 10031 The motion to waive Councilman Torgerson, unanimously carried. reading and adopt was made by )nded by Councilman Torgerson and - RESOLUTION FOR PURCHASE reading and adopt was made by seconded by Councilman Lenz and (e) RESOLUTION NO. 10032 - AUTHORIZATION TO TRANSFER FUNDS FROM CITY OF HUTCHINSON DEBT SERVICE FUNDS OF 1975, THROUGH AND INCLUDING 1981, TO CITY HALL CONSTRUCTION FUND The motion to waive Councilman Torgerson, unanimously carried. 8. UNFINISHED BUSINESS reading and adopt was made by seconded by Councilman Lenz and (a) DISCUSSION OF HRA TAX LEVY (DEFERRED JULY 27, 1993) Following discussion, the motion to defer to the next meeting was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (b) CONSIDERATION OF ADOPTION OF CITY DRUG TESTING POLICY (DEFERRED JULY 27, 1993) Following discussion, the motion to defer to August 24, 1993 meeting was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. 2 • • 0 0 CITY COUNCIL MINUTES - AUGUST 10, 1993 (c) CONSIDERATION OF INCLUDING VOLUNTEER FIREMEN IN PERSONNEL POLICY AS IT RELATES TO DRUG TESTING (DEFERRED JULY 27) Following discussion, the motion to defer to August 24, 1993 meeting was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. 9. NEW BUSINESS (a) DISCUSSION OF STATUS OF SHEPPARD HOUSE Councilman Torgerson suggested City staff check the roof for leakage and provide information for the next Council meeting. (b) CONSIDERATION OF NEW TELEPHONE SYSTEM IN POLICE DEPARTMENT Following discussion, the motion to approve the new system was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (c) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION FROM WILLIAM J. MILES FOR UNDERGROUND BAR & GRILL Following discussion, the motion to set a public hearing for August 24, 1993 at 8:00 P.M. was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried. (d) CONSIDERATION OF REGULATING BASIC SERVICE AND EQUIPMENT RATES FOR CABLE FRANCHISE Following a report from the City Attorney, the motion to approve regulating the basic service and to adopt Resolution No. 10041 was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (e) CONSIDERATION OF REVISED ASSESSMENT AGREEMENT WITH WORD OF LIFE OUTREACH CENTER, INC. Following discussion, the motion to approve and enter into an agreement was made by Councilman Torgerson; seconded by Councilman Lenz and unanimously carried. (f) CONSIDERATION OF ORDERING PREPARATION OF REPORT AND PLANS AND SPECIFICATIONS, RECEIVING REPORT AND WAIVING HEARING FOR LETTING NO. 1, PROJECT NO. 94 -01 3 CITY COUNCIL MINUTES - AUGUST 10, 1993 Following discussion, the motion to approve and accept report and petition to waive hearing and to adopt Resolutions No. 10033 -10035 was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried. (g) CONSIDERATION OF ORDERING PREPARATION OF REPORT AND PLANS AND SPECIFICATIONS, RECEIVING REPORT AND WAIVING HEARING FOR LETTING NO. 2, PROJECT NO. 94 -02 Following discussion, the motion to approve and accept report and petition to waive hearing and to adopt Resolutions No. 10036 -10038 was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. (h) CONSIDERATION OF AWARDING BID FOR $1,770,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993 AND $580,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1993 Steve Apfelbacher, President of Ehlers & Associates, reviewed the bids opened this afternoon and recommended awarding the bids to Dain Bosworth, Inc. for both general obligation bond sales. Following discussion, the motion to approve and award the bids to Dain Bosworth, Inc. and to adopt Resolutions No. 10039 and No. 10040 was made by Councilman Torgerson, seconded by Councilman Lenz and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM FINANCE DIRECTOR Director Kenneth B. Merrill reported TKDA's airport renovation was behind schedule. The taxiway will be paved, and the balance of the work will be completed in 1994. Mr. Merrill commented on the letter received from citizens in the Wagner development and Director Dolf Moon's response. He will respond to the residents regarding the park in the development area. (b) COMMUNICATIONS FROM COUNCILMAN CRAIG LENZ Councilman Lenz inquired about a closed meeting with Attorney Morgan Godfrey regarding Junker litigation. He moved to hold a special closed meeting with Attorney 4 0 CITY COUNCIL MINUTES - AUGUST 10, 1993 11 12 Godfrey at 6:30 P.M. on August 24, 1993. Motion seconded by Councilman Torgerson and unanimously carried. (c) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson stated there was no need to hold the revocation hearing on August 24, 1993 since The Flyers had met the City's compliance requirements. Following discussion, the motion to cancel the revocation hearing scheduled for 8:00 P.M. on August 24, 1993 was made by Councilman Lenz, seconded by Councilman Torgerson and unanimously carried. It was reported by the City Attorney that all of the necessary time limits have elapsed regarding the Klockmann property. The City can move forward to enforce the Notice of Order to Repair or Remove the structure if it has not been removed by the end of August. A court date has been set for September 7, 1993. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve from the appropriate Torgerson, seconded by carried. ADJOURNMENT the claims and authorize payment funds was made by Councilman Councilman Lenz and unanimously There being no further business, the meeting adjourned at 7:55 P.M. 5 • MINUTES BID OPENING MONDAY, AUGUST 16, 1993 The meeting was called to order at 2:00 P.M. by Finance Director Kenneth B. Merrill. Also present were Assistant City Enginer Cal Rice and Administrative Secretary Marilyn J. Swanson. The reading of Publication No. 4553, Advertisement for Bids, Letting No. 9, Project No. 93 -16, 93 -18, 93 -19, 93 -21, was dispensed with. The following bid was opened and read: Juul Contracting Co. Hutchinson, MN $147,055.10 The bid was referred to the engineering staff for review and recommendation. The meeting adjourned at 2:03 P.M. r � L J 0 4�� MINUTES BID OPENING TUESDAY, AUGUST 17, 1993 The meeting was called to order at 2:00 P.M. by Finance Director Kenneth B. Merrill. Also present were Assistant City Engineer Cal Rice and Acting Secretary Hazel Sitz. The reading of Publication No. 4554, Advertisement for Bids, Letting No. 4, Project No. 93 -05, was dispensed with. The follow- ing bid was opened and read: Hanson & Vacek Construction $87,328.75 The bid was referred to the engineering staff for review and recommendation. The meeting adjourned at 2:05 P.M. C, J • W TOTAL EXPENSE REPORT LIQUOR FUND 164,576.01 871,391.89 1,953,400.00 1,082,008.11 44.6% PERSONEL SERVICES 15,350.25 94,740.52 140,708.00 -74- (--I) 67.3% EPAR & MAINTENANCE 227.68 2,381.93 2,300.00 (81.93) JULY 1993 CITY OF HUTCHINSON FINANCIAL REPORT - 1993 JULY 1993 42,250.00 ENTERPRISE FUNDS MISCELLANEOUS 97.87 698.82 •EVENUE REPORT - LIQUOR FUND CURRENT YEAR TO ADOPTED BALANCE PERCENTAG 438,000.00 JULY DATE ACTUAL BUDGET REMAINING USED LIQUOR SALES 47,232.14 277,772.02 530,000.00 252,227.98 52.4% WINE SALES 14,583.89 79,892.62 156,000.00 76,107.38 51.2% BEER SALES 95,656.05 475,990.00 860,000.00 384,010.00 55.3% BEER DEPOSIT (0.90) (383.87) 0.00 383.87 ERR MISC. SALES 6,879.08 35,485.47 54,000.00 18,514.53 65.7% LOTTERY SALES 152.64 1,907.43 4,000.00 2,092.57 47.7% INTEREST 427.79 6,495.67 1,500.00 (4,995.67) 433.0% REFUNDS & REIMBURSEMENTS 699.69 0.00 (699.69) ERR BOND SALES 0.00 350,000.00 350,000.00 0.0% CASH DISCOUNTS (354.68) (6,467.14) (2,100.00) 4,367.14 308.0% TOTAL EXPENSE REPORT LIQUOR FUND 164,576.01 871,391.89 1,953,400.00 1,082,008.11 44.6% PERSONEL SERVICES 15,350.25 94,740.52 140,708.00 45,967.48 67.3% EPAR & MAINTENANCE 227.68 2,381.93 2,300.00 (81.93) 103.6% OTHER SERVICES & CHARGES 14,964.32 33,799.06 42,250.00 8,450.94 80.0% MISCELLANEOUS 97.87 698.82 17,600.00 16,901.18 4.0% CAPITAL OUTLAY 166.13 313,084.31 438,000.00 124,915.69 0.0% DEBT SERVICE 0.00 0.00 17,000.00 17,000.00 3 0.0% 269.00 0.00 0.00 120,000.00 120,000.00 0.0% O0,ANSFERS ST OF SALES 140,184.61 770,497.66 1,223,100.00 452,602.34 63.0% OTHER 0.00 100.00 4,500.00 4,400.00 2.2% TOTAL REVENUE REPORT - WATER SEWER /FUND RECYCLE BAGS WATER SALES WATER TREATMENT SURCHARGE WATER METER REFUSE SERVICES REFUSE SURCHARGE REFUSE STICKER SALES COMPOST CREDIT SEWER SERVICES PENALTY CHARGES INTEREST EARNED S C O R E REFUNDS & REIMBURSEMENTS PROCEEDS FROM BOND SALE OTHER TOTAL *PENSE REPORT - WATER SEWER /FUND REFUSE WATER SEWER 170,990.86 1,215,302.30 2,005,458.00 790,155.70 60.6% 11.00 855.45 0.00 38,846.20 279,456.37 540,000.00 1,227.20 (5,604.80) 22,959.99 360.00 10,804.00 8,000.00 24,211.90 235,217.04 418,000.00 2,793.70 27,040.01 50,000.00 226.00 852.00 (222.20) (515.01) 146,239.40 1,056,475.85 1,590,000.00 1,259.10 10,763.93 15,000.00 18,382.23 120,000.00 77,843.35 113,040.00 269.00 6,693.44 3,000.00 0.00 0.00 700,000.00 115.00 3,295.62 2,000.00 (855.45) 0.0% 260,543.63 51.8% (2,804.00) 135.1% 182,782.96 56.3% 22,959.99 54.1% 533,524.15 4,236.07 101,617.77 35,196.65 (3,693.44) 700,000.00 (1,295.62) 215,336.30 1,721,559.48 3,559,040.00 1,837,480.52 36,868.71 368,275.71 413,040.00 44,764.29 273,745.27 606,721.27 1,556,053.00 949,331.73 68,638.98 857,553.21 1,953,220.00 1,095,666.79 66.4% 71.8% 15.3% 68.9% 223.1% 0.0% 164.8% 48.4% 89.2% 39.0% 43.9% TOTAL 379.252.96 1.832.550.19 3.922.313.00 2.089,762.81 46.7% 9, .A. 25,201.50 44,800.00 19,598.50 56.3% 14,499.90 JULY 1993 CITY OF HUTCHINSON FINANCIAL STATEMENTS 70,875.40 JULY 1993 0.00 1,300.00 1993 4,680.00 21.7% 27,465.50 VENUE REPORT - GENERAL JULY YEAR TO ADOPTED BALANCE PERCENTAGE 67,056.00 ACTUAL DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 606,521.37 1,897,032.00 1,290,510.63 32.0% LICENSES 1,175.00 13,635.00 22,650.00 9,015.00 60.2% PERMITS AND FEES 8,241.37 161,804.20 127,400.00 (34,404.20) 127.0% INTERGOVERNMENT REVENUE 901,770.54 1,048,588.84 1,258,800.00 210,211.16 83.3% CHARGES FOR SERVICES 44,693.04 347,378.45 783,575.00 436,196.55 44.3% FINES & FORFEITS 6,227.11 30,848.51 50,800.00 19,951.49 60.7% MISCELLANEOUS REVENUES 8,198.91 106,572.99 140,301.00 33,728.01 76.0% CONTRIBUTIONS FROM OTHER FUNDS 0.00 175,101.34 517,000.00 341,898.66 33.9% REVENUE FOR OTHER AGENCIES 335.09 472.36 250.00 (222.36) 188.9% TOTAL EXPENSE REPORT GENERAL FUND MAYOR & COUNCIL CITY ADMINISTRATOR ELECTIONS FINANCE MOTOR VEHICE ASSESSING GAL ANNING POLICE DEPARTMENT SCHOOL LIAISON OFFICER EMERGENCY MANAGEMENT SAFETY COUNCIL FIRE DEPARTMENT FIRE MARSHAL BUILDING INSPECTION ENGINEERING STREETS & ALLEYS STREET MAINTENANCE A/C CITY HALL PARK /REC ADMIN. RECREATION SENIOR CITIZENS CENTER CIVIC ARENA PARK DEPARTMENT RECREATION BUILDING STREAMBANK PROGRAM GRANT LIBRARY CEMETERY DEBT SERVICE AIRPORT TRANSIT j@WWNITY DEVELOPMENT W.D.P. COORDINATOR LOAN UNALLOCATED 970,641.06 2,490,923.06 4,797,808.00 2,306,884.94 51.9% 3,816.20 25,201.50 44,800.00 19,598.50 56.3% 14,499.90 113,846.60 184,722.00 70,875.40 61.6% 0.00 1,300.00 5,980.00 4,680.00 21.7% 27,465.50 169,054.80 262,239.00 93,184.20 64.5% 6,747.30 51,366.10 67,056.00 15,689.90 76.6% 0.00 0.00 23,000.00 23,000.00 0.0% 4,115.60 34,053.70 53,800.00 19,746.30 63.3% 1,089.20 4,360.90 6,950.00 2,589.10 62.7% 112,512.10 740,647.20 1,151,811.00 411,163.80 64.3% 3,412.60 22,605.80 36,130.00 13,524.20 62.6% 35.50 35.50 1,750.00 1,714.50 2.0% 0.00 0.00 250.00 250.00 0.0% 18,151.90 69,739.00 160,139.00 90,400.00 43.5% 1,219.40 10,792.20 29,969.00 19,176.80 36.0% 8,894.10 63,817.80 104,208.00 40,390.20 61.2% 22,722.60 162,535.40 306,651.00 144,115.60 53.0% 29,660.30 234,697.00 459,801.00 225,104.00 51.0% 5,721.90 38,265.80 80,000.00 41,734.20 47.8% 3,364.70 26,286.30 49,203.00 22,916.70 53.4% 10,033.40 71,653.50 111,859.00 40,205.50 64.1% 38,848.20 118,170.10 181,008.00 62,837.90 65.3% 9,544.70 51,433.90 92,572.00 41,138.10 55.6% 4,664.20 87,640.00 130,304.00 42,664.00 67:3% 72,802.70 340,481.30 489,603.00 149,121.70 69.5% 9,329.60 49,110.90 71,871.00 22,760.10 68.3% 0.00 5,378.30 0.00 (5,378.30) 0.0% 1,201.90 60,045.00 85,204.00 25,159.00 70.5% 5,761.50 33,160.40 66,976.00 33,815.60 49.5% 700.00 11,900.00 43,235.00 31,335.00 27.5% 7,995.90 100,185.40 51,750.00 (48,435.40) 193.6% 8,194.10 65,624.90 114,640.00 49,015.10 57.2% 30,305.60 39,972.80 32,570.00 (7,402.80) 122.7% 7,739.00 55,935.40 0.00 (55,935.40) ERR 35,774.50 210,769.80 406,932.00 196,162.20 51.8% TOTAL 506,324.10 3,070,067.30 4,906,983.00 1,836,915.70 62.6% • Firstate 41 121821 3 3.40% 04/29/93 08/12/93 200,000.00 --------------- - $4,535,986.25 *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease ** A GNMA with fixed maturity but has a call date of 8/12/97 CITY OF HUTCHINSON CERTIFICATES OF DEPOSIT August 19,1993 Date Date Interest Of Of Institution ------------------------------------------------------------------------------- Description Rate Purchase Maturity Amount TREAS BONDS 644136 7.18% 12/12/91 2/15/2001 373,500.00 TREAS BONDS 644137 7.13% 12/12/91 10/15/98 307,312.50 Firstate 41- 1214999 -8 3.70% 12/30/92 12/30/93 500,000.00 Smith Barney CMO 80AP9 7.380% 2/15/93 5/1/2018 188,173.75 Smith Barney GNMA 865M7 7.363% 2/15/93 8/10/2002 195,000.00 ** Firstate 41 121749 6 3.55% 4/15/93 9/16/93 100,000.00 Firstate 41 121814 8 3.55% 05/13/93 09/16/93 200,000.00 Marquette 22643 3.60% 05/27/93 08/26/93 400,000.00 Marquette 22644 3.65% 05/27/93 10/14/93 300,000.00 Firstate 41 121759 5 3.60% 6/10/93 8/26/93 100,000.00 Firstate 41- 1211694 4 3.60% 6/10/93 9/30/93 500,000.00 Firstate 41 121820 5 3.55% 07/16/93 09/16/93 172,000.00 Firstate 41 121829 6 3.50% 7/14/93 10/14/93 300,000.00 Firstate 42- 120527 -7 3.50% 7/16/93 9/16/93 300,000.00 Firstate 42- 117375 -6 3.55% 8/12/93 11/24/93 400,000.00 • Firstate 41 121821 3 3.40% 04/29/93 08/12/93 200,000.00 --------------- - $4,535,986.25 *CMO purchase anticapted payback is 4.332 years with a yield of 7.328% This instrument receives payments monthly and depending on speed of payment of mortgagages the yield could increase or decrease ** A GNMA with fixed maturity but has a call date of 8/12/97 MINUTES • HUTCHINSON PLANNING COMMISSION Tuesday, July 20, 1993 1. CALL TO ORDER The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Bill Craig, E1Roy Dobratz, April Brandt, Roger Gilmer, Craig Lenz and Chairman Gruett Members Absent: Dean Wood Also Present: City Administrator Gary Plotz, Director of Engineering John Rodeberg, Engineering Technician Larry Huhn, and Asst. City Attorney Gina Brandt MINUTES Mr. Craig made a motion to approve the amended minutes of the regular meeting dated Tuesday, June 15, 1993. Seconded by Mr. Gilmer the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT APARTMENT DWELLING IN WALNUT RIDGE ESTATES REQUESTED BY RALPH SCHMITZ Chairman Gruett opened the hearing at 5:31 p.m. with the . reading of publication #4543 as published in the Hutchinson Leader on Thursday, July 8, 1993. The request is for the purpose of considering a conditional use permit submitted by Mr. Ralph Schmitz, Schmitz Koronovich, Inc., to allow him to construct a 48 unit apartment project in an R -4 district located in the Walnut Ridge Estates plat. City Administrator Gary Plotz commented on the request and stated the developer and Building Official Jim•Marka have addressed the items that planning staff has recommended to be completed. Mr. Schmitz stated basically all items have been addressed. He questioned item #5 regarding the extent of berming. Director of Engineering John Rodeberg explained a buffer should be maintained between the R -2 and R -4 Districts on Ridge Ave.. This is to serve as a visual barrier to separate lights from the apartment dwellings and single family residence. Mr. Schmitz stated he will submit a large area for that development from Barr Engineering regarding a tot lot plan and have He presented a letter the wetland mitigation. HUTCHINSON PLANNING COMMISSION MINUTES JULY 20, 1993 Mr. Schmitz stated there will be 134 parking stalls as the city has calculated. City Administrator Plotz stated infrastructure easements are to be shown. Mr. Schmitz explained the infrastructure placement has not yet been identified. There was discussion and concerns voiced by neighboring property owners regarding the berming to shield their homes. Director of Engineering Rodeberg commented on the appropriate use of the land and the area. Discussion followed on the transition of land use. Mr. Wayne Anderson, 700 Walnut, stated concerns with parking in the development and traffic. Mr. Rodeberg commented on the access and the complication of the wetland limitations. Mr. Craig moved to close the hearing, seconded by Mr.Gilmer the hearing closed at 6:12 p.m. Mr. Craig made a motion to recommend approval of the request subject to satisfying the recommendations by staff as follows: 1) Rear yard setback on Lot 11, should be 15' parallel to the front setback, 2) Explain 12' vs. 10' front easements, 3) R -4 requires 35' minimum building setbacks or setbacks equal to the building height whichever is greater, 4) Provide dumpster screening, 5) Berm 3 to 1 at the westerly line between the R -4/R -2 districts. Provide coniferous plantings, 6) Buildings are required by code to be sprinkled, 7) Parkland contribution to be 15V of the undeveloped site, 8) Provide Tot -lot design submit to the Hutchinson Park Board, 9) Site grading to be within .2 prior to request for installation of gas and electric utilities or request for a building permit, 10) Minimum paving on cul -de -sac is 531, 11) Revise minimum basement floor elevations and provide top of foundation elevations, 12) Show wetland mitigation location, 13) No on -site catch basin represented, 14) Handicap stalls are incorrect, 15) Close existing curb -cut on Bluff St, 16) Confirm fire hydrant location with the Fire Marshal /Chief, 17) Provide parking ratios, ordinance requires 1 per bedroom plus .5 per unit, 18) Street names to be Hillcrest Rd NE, Walnut St NE, Hillcrest Ridge Ave NE, 19) Water mains to be 811, 20) Storm sewer sizing to be approved by City Engineer, 21) Show easements and 22) Represent identification signage on site plan. Seconded by Mr. Lenz the motion carried unanimously. 2 is • HUTCHINSON PLANNING COMMISSION MINUTES JULY 20, 1993 (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MARK SCHILLING TO MOVE GARAGE UNTO PROPERTY LOCATED AT 142 - 3RD AVE Chairman Gruett opened the hearing at 6:13 p.m. with the reading of publication #4544 as published in the Hutchinson Leader on Thursday, July 8, 1993. The request is for the purpose of considering a conditional use permit to move an 18' x 19' garage from 345 Hassan St to property located at 142 -3rd Ave SE. City Administrator Gary Plotz explained the request and staff recommendations. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:14 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JUNACE GEHRKE TO MOVE GARAGE UNTO PROPERTY LOCATED AT 625 HARMONY LANE • Chairman Gruett opened the hearing at 6:15 p.m. with the reading of publication #4545 as published in the Hutchinson Leader on Thursday, July 8, 1993. The request is for the purpose of considering a conditional use permit to move a 14' x 20' garage from 619 2nd Ave SW to property located at 625 Harmony LN. City Administrator Plotz explained the request and staff recommendation moving of utilities in at owner's expense. Mr. Lenz moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:16 p.m. Mr. Lenz made a motion to recommend approval of the request noting moving of utilities at owner's expense. Seconded by Mr. Gilmer the motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO MACHINE SHOP LOCATED AT 106 ERIE REQUESTED BY ROBERT MALONE, 3 -D CNC, INC. Chairman Gruett opened the hearing at 6:17 p.m. with the reading of publication #4546 as published in the Hutchinson Leader on Thursday, July 8, 1993. The request is for the purpose of considering a conditional use permit to construct a 26' x 30' addition to existing HUTCHINSON PLANNING COMMISSION MINUTES • JULY 20, 1993 machine shop building in I/C District located at 106 Erie St. Mr. Plotz stated property must meet flood fringe elevations. Mr. Robert Malone, 3 -D CNC Inc., stated he will meet all requirements by staff. Mr. Lenz moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:18 p.m. Mr. Lenz made a motion to recommend approval of the request subject to staff recommendations as follows: Hard surface parking required, one handicap stall 13' x 20' required, no semi offloading permitted unless a loading berth is provided, finished floor elevation to be 1041.21, walls closer than 20' are required be one hour rated, provide handicap access to building, no outdoor storage permitted,. screen dumpster, 29' parking provides for only one way access and identify curb -cut locations. Seconded by Mr. Gilmer the motion carried unanimously. (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY FAIR ASSN TO MOVE BUILDING UNTO FAIRGROUNDS Chairman Gruett opened the hearing at 6:19 p.m. with the • reading of publication #4547 as published in the Hutchinson Leader on Thursday, July 8, 1993. The request is for the purpose of considering a conditional use permit to move a 40' x 60' building unto the fairgrounds located at 860 Century. City Administrator Gary Plotz explained the request and the fact Building Official Jim Marka has reviewed the plan and recommends approval. Mr. Craig moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 6:20 p.m. Mr. Craig made a motion to recommend approval of the request seconded by Mr. Dobratz the motion carried unanimously. (f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD, TO MOVE STORAGE BUILDING Chairman Gruett opened the hearing at 6:21 p.m. with the reading of publication #4548 as published in the Hutchinson Leader on Thursday, July 8, 1993. The request is for the purpose of considering a conditional use permit to move a 32' x 64' metal shed and add two 12' shed roof wings and recover with new side walls on • property located at Stearnswood, Inc., 3rd Ave NW. 4 HUTCHINSON PLANNING COMMISSION MINUTES JULY 20, 1993 City Administrator Plotz commented on the request being in an I/C zone and on railroad property. He stated staff recommends 40' separation between buildings. Mr. Roger Stearns, Stearnswood Inc., stated there is 46' between buildings. Mr. Lenz moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:22 p.m. Mr. Lenz moved to recommend approval of the request. Seconded by Mr. Gilmer the motion carried unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE 1975 MARSHFIELD MOBILE HOME UNTO LOT IN MCDONALDS LAKEVIEW TERRACE OR COUNTRY CLUB TERRACE Chairman Gruett opened the hearing at 6:23 p.m. with the reading of publication #4549 as published in the Hutchinson Leader on Thursday, July 8, 1993. The request is for the purpose of considering a conditional use permit to move a 1975 Marshfield mobile home unto lot in McDonald's Lakeview Terrace or Country Club Terrace. Mr. Plotz explained the request and the two locations. He stated the staff has the standard life safety recommendations. Mr. Dobratz moved to close the hearing, seconded by Ms. Brandt the hearing closed at 6:24 p.m. Mr. Dobratz made a motion to recommend approval of the request subject to the life safety issued being addressed. Seconded by Mr. Lenz the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF FINAL PLAT OF "WALNUT RIDGE ESTATES" SUBMITTED BY RALPH SCHMITZ City Administrator Gary Plotz commented on the staff recommendation to provide 15' radius at intersections. Mr. Lenz moved to recommend approval of the request subject to the 15' radius at intersection and the previous 22 items as stated in the conditional use permit for the apartment dwelling. Seconded by Mr. Gilmer the motion carried unanimously. (b) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS REQUESTED BY LARRY MCKIMM, HASSAN VALLEY TWP., 2 MILE RADIUS 5 HUTCHINSON PLANNING COMMISSION MINUTES JULY 20, 1993 City Administrator Plotz explained the request and commented on the assessments. City Engineer John Rodeberg stated the area is serviced by Hutchinson Utilities. Mr. McKimm will be talking to Hassan Valley Township. There was discussion of Orderly Annexation agreements with the surrounding townships. The property owner is to be the lead agent in an annexation. At this time, Mr. McKimm has not talked to the township. No action was taken by the planning commission. (c) CONSIDERATION OF PRELIMINARY PLAT OF "KOELLN'S SUBDIVISION" SUBMITTED BY GERALD KOELLN, HUTCHINSON TWP, 2 MILE RADIUS Mr. Plotz commented on the plat subject to percolation tests. Mr. Koelln presented the completed percolation tests. Mr. Gilmer made a motion to recommend approval of the request with no objection, seconded by Mr. Craig the motion carried unanimously. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF MCPHERSON'S SUBDIVISION SUBMITTED BY JOSEPH MCPHERSON, HASSAN VALLEY TWP, 2 MILE RADIUS City Administrator Plotz commented on the request in Hassan Valley as being preliminary and final combined. Mr. McPherson stated he appreciated the city reviewing both preliminary and final plats together. Mr. Gilmer moved to recommend approval with no objection, seconded by Mr. Lenz the motion carried unanimously. There was discussion on the procedure regarding sketch plans and plats in the 2 mile radius. Smaller plats could be a one step preliminary and final at one time, however, larger developments should have separate action. (e) CONSIDERATION OF FINAL PLAT OF "BERNHAGEN'S SUBDIVISION' SUBMITTED BY JOHN BERNHAGEN, HUTCHINSON TWP, 2 MILE RADIUS City Administrator Plotz commented on the completed percolation tests and staff recommendation of certified 6 HUTCHINSON PLANNING COMMISSION MINUTES JULY 20, 1993 inspectors and installers for the septic systems. Mr. Bernhagen explained the change on the revised plat combining lots S and 9. He also stated there will be one access only from County Rd 7. Mr. Craig moved to recommend approval of the request with no objection, seconded by Mr. Dobratz the motion carried unanimously. (f) CONSIDERATION OF VARIANCE REQUESTED BY LEONARD RUTLEDGE, HASSAN VALLEY TWP, 2 MILE RADIUS TO REDUCE REAR AND SIDE YARD SETBACK Mr. Plotz commented on the location of the request and the variance. Mr. Lenz moved to recommend approval of the request, seconded by Ms Brandt the motion carried unanimously. (g) DISCUSSION REQUESTED BY STAFF TO REZONE LOT 10, BLOCK 51 SOUTH 1/2 CITY FROM R -2 TO C -3 ON FRANKLIN ST City Administrator Gary Plotz explained the location of the home in an R -2 district. He stated there would be a possibility of rezoning or amending the zoning ordinance for a specific use. Ms Janke, prospective owner, stated she would restore the house and sell antiques, gifts and collectibles. She stated this is a unique old house. Mr. Plotz stated rezoning could be a problem in the resale of the house and also it could be spot zoning. Discussion followed on spot zoning and concerns with spot zoning. There was also discussion on other alternatives such as conditional use permit on the property. (h) DISCUSSION OF SUMP PUMP ORDINANCE LANGUAGE REQUESTED BY CITY STAFF City Administrator Gary Plotz commented on the recommendations by Building Official Jim Marka to incorporate language of sump pump ordinance into the municipal code. Discussion followed as to enforcement of 7 HUTCHINSON PLANNING COMMISSION MINUTES • JULY 20, 1993 an ordinance such as this. Asst. City Attorney Gina Brandt stated it is difficult to enforce however, important to have an ordinance in place. (i) COMMUNICATION FROM STAFF 5. OTHER BUSINESS NONE 6. ADJOURNMENT There being no further business the meeting was adjourned at 7:25 p.m. 0 8 • HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY REGULAR BOARD MEETING JULY 20, 1993 I. CALL TO ORDER: 2:00 P.M. BOARD ROOM CHAMBER BUILDING Vice - Chairman Don Erickson called the meeting to order upon the absence of Chairman John Paulsen. Members present - Shirley Wass and Lyle Van Hale. Members absent -Tammy Wendlandt. II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING JUNE 15, 1993 There being no additions or corrections, Lyle Van Hale moved the minutes be approved as submitted. Shirley Wass seconded and the motion carried unanimously. III. CONSIDERATION OF STATUS OF ACCOUNTS FOR PARK TOWERS PROJECT AND GENERAL FUND Budget status and monthly disbursements were reviewed. Shirley Wass moved that the financial statements be approved as submitted. Lyle Van Hale seconded and the motion carried unanimously. IV. SECTION 23 PARK TOWERS PROJECT 1. There are no rent receivables with one apartment vacant that is in the process of being filled. 2. The Director informed the Board that an application for funding from the Minnesota Board on Aging On -Site Coordinator Program will be submitted for Park Towers in coordination and conjunction with SAIL, Good Neighbor Foundation and Parkview Manor in St. Peter. Park View Manor and Park Towers will each have its own budget but one application will be submitted. Shirley Wass moved to approve the on -site coordinator application; Lyle Van Hale seconded and the motion carried unanimously. 3. The Key Policy and Updated Schedule of Service Charges was reviewed; these have already been reviewed with the tenants at a Tenant Council meeting and General meeting. Shirley Wass moved to adopt the Key Policy and Updated Schedule of Service Charges; Lyle Van Hale seconded and the motion carried unanimously. - 4. The Ciap Window Replacement project is scheduled -to begin with a test window scheduled to be installed on Thursday, July 22, 1993. . V. HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR 1. The Rental Rehab program for 1065 Jefferson is being bid and looks as if it will be coming in at the maximum grant amount which breaks down to a $140,000 grant with an owners 11-A. Page 2 • HRA Regular Board Meeting, July 20, 1993 match of $35,000. The Valley Vista Project is still waiting for a wage rate determination; the request was submitted in March. Projects more than twelve units require Davis Bacon Wage Rates to be included in the bid documents. 2. The Small Cities Grant Application cannot be submitted until the past Small Cities Grant has been closed out. Figures still need to be reconciled before close -out; since each of the commercial loans may have had different interest rates they have been very difficult to track. Vickie Repp from DIED has stated there is no use in submitting an application until everything has been closed out on the last one. 3. A computer system is needed for the HRA /HCDC office to track rehab loans and to track demographics of the rental rehab program. Total purchase to include both software and hardware would cost around $9,000 with the HRA's portion to be around $4500. This expenditure will be referred to Hutchinson Housing, Inc. for consideration. VI. OTHER BUSINESS 1. The Director presented a draft budget for staffing an HRA City Hall office. Estimated expenses would be $57,112; • revenues were shown coming from the rental rehab program administration at 1065 Jefferson, a tax levy and contribution from Hutchinson Housing, Inc. 2. The Director reviewed the tax levy process and proposal that the HRA request City Council approval for a 0.0131 percent of taxable market value in Hutchinson which would be approximately $35,735 for HRA operations. After review and discussion, Lyle Van Hale moved that we proceed with the tax levy process and approve the draft budget. Shirley Wass seconded and the motion carried unanimously. 3. The Director informed the Board that Loretta McDonald would like to option the 4k acre parcel adjacent to the trailer park which would be ideal for the Farmers Home Administration Housing Site Loan Program. The Board consensus was to proceed with the option for a minimum cost. 4. The Director informed the Board that the Publicly Owned Land Trust Grant Application is proceeding and should be ready to submit by the July 30, 1993 deadline. Lyle Van Hale reported to the Board that he is assisting with the financial pro - formas. Shirley Wass moved that the Publicly Owned Land Trust Grant be approved for submittal to MHFA; Lyle Van Hale Seconded and the motion carried unanimously. 5. The Director asked the Board to consider what approach to take in facilitating the development of market rate townhouses and apartments identified by the Maxfield . Research Study as needed in Hutchinson. It was decided the Director would write letters to potential developers informing them of the need for these projects and requesting • Page 3 HRA Regular Board Meeting, July 20,1993 that they notify the HRA by the next Board meeting of their interest and their preliminary plans for financing such a project. 6. Copies of a letter referring to Firstate Federal's Affordable Housing Program was distributed to Board members for their information. VI. ADJOURNMENT There being no further business, Don Erickson declared the meeting adjourned. Recorded by Jean Ward, Executive Director Tammy Wendlandt, Secretary /Treasurer 0 0 . HUTCHINSON HOUSING, INC. REGULAR BOARD MEETING JULY 20, 1993 MINUTES I. CALL TO ORDER: CHAMBER BOARD ROOM President Don Erickson called the meeting to order. Members present - Shirley Wass and Lyle Van Hale. Members absent -John Paulsen and Tammy Wendlandt. II. CONSIDERATION OF MINUTES OF JUNE 15, 1993 There being no additions or corrections, Shirley Wass moved that the minutes be approved as submitted. Lyle Van Hale seconded and the motion carried unanimously. III. FINANCIAL REPORT The financial report was reviewed. Shirley Wass moved the the financial report be approved as submitted. Lyle Van Hale seconded and the motion carried unanimously. IV. OTHER BUSINESS 1. The Housing & Community Development Coordinator submitted a computer proposal requesting the HRA to fund one -half a computer with HCDC; the HRA's portion would amount to around $4,000 - $4500. The HRA would use the computer to track the demographics of the Rental Rehab Program and for general office use, such as word processing. The HCDC would use the computer to track rehab loans and for general office use. Shirley Wass moved that Hutchinson Housing,Inc approve for HRA use one -half of the cost of a computer and software; Lyle Van Hale seconded and the motion carried unanimously. 2. The Director reported that she would be willing between the trailer court developed as lots for low the Farmer Home Rural Siti consensus of the Board to 4k acre property. that Loretta McDonald has decided to option 4k acres to the HRA and Haase Hills to eventually be and moderate income people under Loan Program. It was the go forward with the option of the V. ADJOURNMENT There being no further business, Don Erickson declared the meeting adjourned. Recorded by Jean Ward, Executive Director 0 � A �s) MINUTF,S Tree Board May 17, 1993 Members Present: Carol Brown, Virgil Voigt and Mark Schnobrich. Guest: Jerry Brown Minutes were read & approved. Schnobrich was unable to meet with Tom Daggett in respect to planting trees along the sanctuary. 225 boulevard trees have been planted to date. 140 energy trees have been planted on private property to date. 286 wind break trees are to be planted of which 76 are already in. $25,209.16 has been invoiced so far which allows for additional funds to be expended for all applications. The Mn ReLeaf grant was for $29,000. Some suggested locations for additional windbreaks were Highway 15 north, across from the Academy, Kouwe Street etc. Schnobrich will be looking at expending all of the allocated funds for trees. :r1�T115'� Virgil Voigt requested al the remaining signs located at Highway 15 south, Highway 15 north and one replacement on Highway 7 west for a total of 11 trees. Canada Red Cherry was the specie chosen. Lutheran Brotherhood has donated $300 towards this project. The second week in June is scheduled as the time for our celebration. It will take place on a private lot showing boulevard, wind breaks and energy shade tree plantings. Utilities, Mayor and City Council, tree recipients, Tree Board, D.N.R., 4 -H, Boy Scouts and all interested citizens will be invited to attend. A new board member is still being solicited. Suggested candidates are Bruce Christensen, Mike McGraw. The Board will make suggestions for the Mayor to consider. The meeting was adjourned at 6:45 p.m. 0 Respectfully submitted, Mark C. Schnobrich �Z A' a) NlllOr'i- 'W.r►rl City of Hutchinson Fee: 00 APPLICATION FOR. Approved by: Si PV'ZL.: � Building Fire Jan_ Application shall be submitted at least Police �r �! n _ ! days prior to the bingo occasion, / &i 4 /G/e- AND I, /70�Ele L/i mz< Name of Authorized Officer ;game of Designated Bingo N,ana_er °ereby submit in duplicate this application for a license to conduct the game of bingo in accordance with the provisions of City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 for the license year ending / Signatures:.� UACE.K Authorized Officer of Organization Designated Bingo Manager A. The following is to be completed by the duly authorized officer of the organization: 1. True Name: ' 4 LLIK 7 (last) T first) middle '/ S 3 2. Residence Address: �7/j ,S,L- ��/ /� 1YUTt'ff/AS'ON, AX street (city)' (state (zip ce`d`e) 3. Date of Birth: 1'3 q �4. Place of Birth (mo. ) (day ear) city & state 5. Have you ever been convicted of any crime other than a traffic offense? Yes _ NO �. If yes, explain B. The following is to be completed by the designated bingo manager of organization: � 1. True Name: // .E /e- /SA�v Je- J4 (last) first middle 2. Residence Address: 174,9.3-aNleL 374- AA/-S.5-3-5Z tBLreew kclGy/ %sLai.e/ %alp cuuej 3. Date of Birth: 47- �29-- ?'6 4. Place of Birth: AAissow (Mo., day & year) city & state 5. Have you ever been convicted of any crime other than a traffic offense? Yes _ NO If yes, explain 6. How long have you been a member of the organization? 8 . 7. Attach a copy of the official resolution or official action designating you bingo manager. C. Game Information: I. Place where bingo games will be played S//) 2. Date or dates bingo will be played QUA1 gp,or (bate and/or day s of week) 3. Hours of the day bingo will played: From MCA) ./,2:a to -S70d A M P- _ 4. Maximum number of players %�j0 ZEDD 5. Will prizes be paid in money or merchand_se? 6. Will refreshments be served during the time the gases are being conducted? Yes X � No If so, will a charge be made for such refres:ments? Yes NO "-A-t A 01FExENr LClc�T/0n/ OA) �uKck— �i�PE,gry D. Organization Information: 1. Address where regular meetings are held yam/ L4A -E Sf S4j !-/e, (A s; 2. Day and time of meetings //� TFC la /h0, _7&1 3. Is the applicant organizatio organized under the laws of the state of Minnesota? Yes No 4• H6w long has the organization been in existence? S�NcRBr� 4a. How many members in the organization? �3 DG U _ 5. What is the purpose of the organization? e1LUet'j 1S0ACd0C- 6. Officers of the Organization: Name Address Title /SF!!.E El2 Vlg; 'O / q<E SSL 7. Give names of officers or any other persons paid for services to the organization: Name Address Title i D. Organization Information: (Continued) 8. In whose custody will organization records be kept? NameGMAKn Address Z, c- S/ S.w- l�uTCliiaso 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players whi_ participating in the bingo game, or while on the licensed premises, please state the C'QtH+c,e 1)JUrt4aL Na -e of Insurer /1MA11AWC- and Policy No. Fs-&g 10. Have you (,Manager & Officer) read, and de you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation of bingo games? 11. Attach a list of all active members of the organization. E. The following information is provided concerning a fidelity bond given by the bingo manager in favor of the organization: 1. Name of bonding company 014-1ticl-ic Al 4MItc 2. Address of bonding company 51a93 e0E,vr .e S�. 3. Amount and duration of bond -*SZ, cpm _ Re'yCw6o yaa,ee -s[ • 4. Application is hereby made for waiver of the bonding reouirements. Yes - No `I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance NO. 655 relating to bingo, and I will familiarize myself with the contents thereof. oignaLure or autnorizea oiiicer or organization Date: g_ / /_q3 Subscribed and sworn to before me a notary public on this Day of 19_. Signature of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this Day of , 19_. Signature of Notary Public Commission expires on Y . PUBLICATION NO. 4563 . PUBLISHED IN THE HUTCHINSON LEADER: Thursday. August 12. 7993 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN Notice is hereby given that a public hearing will be held on Tuesday, August 24, 1993 at the hour of 8:00 P.M. in the Council Chamber of City Hall for the purpose of: • issuing an intoxicating liquor license to William J. Miles, operator of The Underground Bar & Grill restaurant and lounge at 101 Park Place, Hutchinson. This hearing will be held by the _City Council of the City of Hutchinson. At such hearing, all persons interested may be heard. August 10, 1993 Dated 0 2"/ Finance Director APPLICATION FOR CH -SALe rsrvtwv,. -- ---- III- This fors was prepared by the City of Hutchinson sndt�t, He Horesu of Criminal Apprehension, Department of Public to 14"nesota Statutes, 1976, Section 340.13, for purposes of back- ground investigation. It does sot supezcede any laws, rules or regulations of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide information requested say result in denial of the application. 1. � �q P e ) Trade Name �' St�� 4 �O� 1CiCt 3 2. jJ r/ Date of Application 1�14Pf Licensing Period 3. 'type oft Application: t `�, i,•�C. , New 1 El Renewal 4. _� , 1 1 t CA V1^ QS Name f Applicant 5. 11S21 0 _! 6. Citizenship, 4 7. P'la'`ce1 of Birth 3 Q w of t Address L B 3 T 9. Legal Description 10. List owners of building or premise to be licensed, Transfer . El1-75 i j6oi/ Phone —t ;t/a3 /(-/ / Date of W. 11. List all partners, officers or directors, if corporation, Name Address Date of Birth �4vN , NA �eC �YIS - 1L= .3�'- :�r`Aht ✓agt{. N'�' 6 a 1I. Prior erperienee/� in this ' 1V - %� ✓C O� 41...tfi4 -fVN.. business, 13. Present ownership in any other liquor establishment, W. Present ownership in any other restaurant or food busin .5. Three Business References, A _Ot all O_r� 6. 4' r_S Corpo ate or POOP— age, a.L.ru >A. 1 • f' 17. or 18. If this is a transfer application give name, address, of persons, partnership or . corporation holding license for the past year. 19. Who owns the bar /tavern fixtures? r r) Zuv� -$ ) - a,nY a alYU.51' Co 20. Are you a Minnesota resident? Yes No ,n p,�Q,ttj' Froze TO If not, where resident? Oates of Residency 21. Residential Address during Past Five (5) Years; 9 /Q,l �„ nreg Q,.� 22. Three Personal References: J/ U rTj /%f� /yjA/� — y�+„t� Coro c[ 2 //•, 1 C—� kv,J 177 *, ssysz Ly " In.— g 7;r _C-0ry Fe-�wso,. 23. Employment for the Past Five Years: .r /,r,,,r Jeen [rr�kyrj 45 - #T'CA cook af4,e G o d Ro,—d C ayds • G/o A4 4' �qoa�4 time lob Qf 7",/ W4 ir5er 24. Any Convictions Other Than Minor Traffic: 25. This application must be accompanied by detailed statement of net worth and last year's tax return and statement of method of payment for business, fixtures and inventory. 26. Applicant, and his associates in this application, will strictly comply with all the Laws of the State of Minnesota governing the taxation and the sale of intoxicating liquor; rules and regulations promulgated by the Liquor Control Commissioner, and all ordinances of the municipalityt and I hereby certify that I have read the fore- going questions and that the answers to said questions are true of my own knowledge. I further understand that an investigation fee not to exceed $500.00 shall be charged an applicant by the city or county if the investigation is conducted v ?thin the state, or the cost not to exceed $10,000.00 if the investigat l- _ .tide the state. I further understand the ordinances of the City of Hutchinson regarding the operation of on -sale liquor licenses and agree to abide by them. Signal Applicant Subscribed and sworn to before me this day of 19 • (Notary Public) My Commission Expires: a MEMORANDUM • TO: Chief Steve Madson FROM: Sgt. Ron Rirchoff A, DATE: August 21, 1993 RE: Application for On -sale Intoxicating Liquor License After reviewing all the information that is available to me I would recommend that William J. Miles and Julie Solberg be granted an On- Sale Intoxicating Liquor License as owners of The Underground Bar and Grill. Upon reviewing the background of both individuals no criminal activity was uncovered. Tle recommendation was based on the fact that neither individual has been convicted of any federal violations concerning liquor license violations, illegal possession or distribution of an alcoholic beverage and there has been no price applications for liquor licenses by either partner. Prior to the issuing of the license there are several areas that need to be addressed. A review of City Code 5.02 sub 7, the area . _ speaking about a resident manager or agent needs to be discussed with William J. Miles. The review of the City Code 5.13 the financial responsibility of the licensee and prove of a insurance certificate must be satisfied. 0 I would strongly recommend that both the building and fire inspector do a walk through of the premises prior to issuing of the license. 5--A i \J RESOLUTION NO. 10044 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Aqua Mag. - 700 Gal. $7,189.)0 Water Treatment Water Yes Kjell Corp. We following items were authorized due to an emergency need: ITEM COST Date Approved: August 24, 1993 4V tion made by: Seconded by: PURPOSE DEPT. I BUDGET I VENDOR Resolution submitted for Council action by: 7 AI CITY OF HUTCHINSON RESOLUTION NO. 10045 RESOLUTION SETTING INTEREST RATE FOR 1993 ADOPTED ASSESSMENT ROLLS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT all assessment rolls which have been adopted and will be adopted relating to 1993 improvement bonds are hereby changed to read an interest rate of 4.87%. This rate is the net interest rate of the 1993 Improvement bonds. Adopted by the City Council this 24th day of August 1993 • ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor 7— ,F?t 0 0 C August 24, 1993 M E M O R A N D U M TO MAYOR AND CITY COUNCIL FROM HAZEL SITZ, PERSONNEL COORDINATOR RE DRUG AND ALCOHOL TESTING POLICY The amended draft of the Drug and Alcohol Testing Policy has been included in the council packets. Attorney Shannon McCambridge recommends that it be adopted at this time, with an immediate effective date for testing of transit drivers and a November 1, 1993 effective date for all other employees. The text of the first paragraph of the policy will reflect these dates. Administrative procedures for the testing will be developed and employees will receive the required training by November 1. There will be an agreement developed for drug testing services. It is anticipated that the cost per test will be about $50 for the testing lab /medical review officer, plus $15 to the Hutchinson Medical Center (collection site.) Based on random testing at 25% per year for 75+ safety sensitive employees, the anticipated cost per year for drug testing will be about $1300. (The cost for testing transit drivers will be -paid by MN /DOT in 1993 and 1994.) City Hall 37 Washington Avenue West (612) 587 -5151 Parks b Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Prin fed on recycled paper - 9--CL/ / Police Department 10 Franklin Sheet South (612) 587 -2242 A. INTRODUCTION The following Drug City of Hutchinson 1993. Nothing con a contract. It is with regard to the MG AND ALCOHOL T83TINO POLIct and Alcohol Policy has been adopted by the (the City) and is effective as of , rained in the Policy is intended to constitute intended only as a guide for City Employees City's Drug and Alcohol Policy. This Policy, in whole or in part, is subject to change, revocation, modification, or amendment at any time in the City's sole discretion with or without prior notice. The City also reserves the right to interpret its Drug and Alcohol Policy set forth herein at any time and in any manner it deems appropriate so long as such interpretation does not violate local, state, or federal law. Copies of this Policy shall be distributed to all Employees and applicants for employment. Notice that this Policy has been adopted will be placed in conspicuous locations at all City facilities. This Policy will also be available for review during regular business hours in the City's -personnel - office: =T7 If you have any questions regarding this Policy, please contact Hazel Sitz, the Personnel Coordinator. B. POLICY STATEMENT An Employee's involvement with drugs and /or alcohol can jeopardize the safety of others, jeopardize an Employee's well- being, adversely affect job performance, and undermine the City's professional stature. Therefore, the City's goal is to establish and maintain a healthy and efficient work force free from the effects of drugs and alcohol abuse in compliance with the Drug - Free Workplace Act of 1988. Accordingly, the City's Employees may not manufacture, use, possess, sell, transfer, transport, or distribute drugs or alcohol while working or while on the City's premises or property or while using or operating vehicles, equipment, or machinery owned by the City. Further, Employees are prohibited from being at work under the influence of drugs or alcohol, including drugs prescribed by a doctor, when the Employee's alertness, coordination, reaction, response, or the safety of the Employee or others is adversely affected by such drug or alcohol use. Employees who are properly using prescribed medication that adversely affects their alertness, coordination, reaction, response, or the safety of the Employee or others will be excused from work and not subject to discipline or discharge. Employees are also prohibited from using illegal drugs while employed by the City. Violations of this policy will not be tolerated and will result in such disciplinary action as the City deems appropriate and may include immediate termination. The sale of alcohol as part of an Employee's job duties is an exception to this Policy Statement. Y� A - Employees are required to notify the City if they are convicted of a criminal drug offense occurring in the workplace within five (5) days after the conviction. (This requirement is mandated by the Drug -Free Workplace Act of 1988). Employees who are convicted of a criminal drug offense will be subject to appropriate disciplinary sanctions and /or required to successfully complete an appropriate rehabilitation program at their own expense unless provided to the Employee by his /her insurance coverage. This Policy Statement applies to all Employees and job applicants. All Employees and job applicants are required to abide by the terms of this Policy Statement and assist in the City's good faith effort to maintain a drug -free workplace. All City Employees will be subject to Reasonable Suspicion and Treatment Program Testing. Employees working in the following capacities may also be subject to testing as applicants, as part of a Routine Physical Examination, and on a Random basis: lifeguards, police officers, firefighters, transit workers (i.e., transit drivers, dispatchers, mechanics, motor pool supervisor), water and waste water treatment plant workers, and heavy equipment operators. The testing procedures utilized by the City will detect the presence of illegal drugs even if the individual is not then under the influence of the substance. The tests utilized for alcohol use will indicate the presence of alcohol if the individual is then under the influence of alcohol or if the individual has recently consumed alcohol. C. DRUG -FREE AWARENESS PROGRAM /EKPLOYEE AWARHMHSS PROGRAM To assist Employees in understanding the perils of drug and alcohol abuse, the City has established a Drug -Free Awareness Program. The City will use this Program as an ongoing educational effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. The Program will inform Employees of the dangers of drug and alcohol abuse in the workplace, explain the City's Drug and Alcohol Policy and the sanctions imposed for its violation, and highlight any treatment, counseling and rehabilitation referral services that may be available to Employees. In addition, the City has established an Haployee Awareness Program (RAP) which all transit drivers and motor carrier supervisory personnel are required to attend. The HAP consists of at least 60 minutes of training on the effects and consequences of controlled substance use on personal health, safety, and the work environment as well as the manifestations and behavioral changes indicative of controlled substance abuse. 0 1.) City Premises - Means all property, premises, and locations in which City business is being operated. 2. 2.) Confirmatory Re -Test - The optional third test which may be performed at the request and expense of an Employee or job applicant as a means of increasing the accuracy of the testing procedure. The Confirmatory Re -Test will be performed on the original sample. 3.) Confirmatory Test - The second test that will be given to confirm the results of an Initial Screening Test. The Confirmatory Test will be performed on the same sample as used in the Initial Screening Test. 4.) Drugs - Means prescribed and illegal drugs. It includes controlled substances in Schedules I -V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 C.F.R. 1308.11 - 1308.15 and Minn. Stat. § 152.01, subd. 4. 5.) Conviction - Means a finding of guilty (including a plea of "nolo contendere ") or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. 6.) Employee - Any person employed by the City, including full -time, part -time, temporary_ or seasonal Employees, and volunteer firefighters. 7.) Initial Screening Test - The first test given to an Employee or job applicant upon the occurrence of any of the circumstances set forth in Section E. 8.) Medical Review Officer - Means a physician who will receive and interpret drug and alcohol test results for the City. 9.) Personal Inlu - Means injury arising out of and in the course of employment pursuant to Minn. Stat. 5 176.011, subd. 16. 10.) Positive Test Result - A Positive Test means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in levels at or above the threshold detection levels established by the testing laboratory. A Positive Test Result for alcohol use shall indicate the use of alcohol in blood and /or urine concentration of .04% or above, in such a manner so as to result in intoxication during working hours, or in such manner so as to otherwise affect job performance. 11.) Reasonable Suspicion - Means a basis for forming a belief based upon specific fact(s) and a rational inference drawn from those facts. For example, when an employee's actions, appearance, or conduct indicates the use of drugs or alcohol. 12.) Safety Sensitive Position - Means a position, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or 3. safety of any person. Safety Sensitive Positions include: lifeguards, police officers, volunteer firefighters, transit workers (i.e., transit drivers, dispatchers, mechanics, motor pool supervisor), water and waste water treatment plant workers, and heavy equipment operators. All other Employees are subject to Reasonable Suspicion and Treatment Program Testing. 13.) Tested Positions - All City Employees will be subject to Reasonable Suspicion and Treatment Program Testing. City Employees working in the following capacities may also be subject to drug and alcohol testing as applicants, as part of a Routine Physical Examination, and on a Random basis: lifeguards, police officers, volunteer firefighters, transit workers (i.e., transit drivers, dispatchers, mechanics, motor pool supervisor) , water and waste water treatment plant workers, and heavy equipment operators. 14.) Under the Influence - When an Employee's alcohol or drug use is such that it likely affects that Employee's alertness, coordination, reaction, response, or the safety of the Employee or others. E. GROUNDS FOR TESTING The City has established the following grounds for testing: 1.) Job Applicants. Job applicants, including persons currently employed by the City, seeking employment in Safety Sensitive Positions shall be required to undergo testing for the presence of drugs and /or alcohol after they have received an offer of conditional employment. Notice of pre - employment drug and alcohol testing will be provided to an applicant who is conditionally offered employment. Employment offers may be made contingent upon taking the required drug and alcohol tests and withdrawn in the event that the test is refused or if the Initial Screening Test produces a Positive Result and is affirmed by a Confirmatory Test indicating drug or alcohol use provided, however, that the job applicant has been offered and refused a Confirmatory Re -Test. If the employment offer is withdrawn following testing, the applicant will be informed of the reason(s) for the withdrawal. 2.) Routine Physical Examination Testing. Employees in Safety Sensitive Positions may be required to undergo testing for the presence of drugs and /or alcohol during part of a Routine Physical Examination. Such an Examination will not take place more than once a year. Employees will be given two weeks' written notice when they are going to be required to take a drug and alcohol test during a Routine Physical Examination. Drug tests of transit drivers are required at the time of a periodic physical if the transit driver has not undergone a pervious drug test, either pre - employment or random. F___1 4. 3.) Random Testing. Employees in Safety Sensitive Positions may be tested on a Random selection basis for the presence of drugs and /or alcohol. Such Employees will not be selected discriminately, but at Random. Safety Sensitive Positions include: lifeguards, police officers, volunteer - firefighters, transit workers (i.e., transit drivers, dispatchers, mechanics, motor pool supervisor), water and waste water treatment plant workers, and heavy equipment operators. Under the Random selection process, there is an equal probability that any Employee in a Safety Sensitive Position subject to the selection mechanism will be selected for testing. Further, the City does not have discretion to waive the selection of any Employee chosen on a Random selection basis. Random drug testing of transit drivers will be conducted in accordance with Federal Highway Administration drug testing regulations. 4.) Reasonable Suspicion Testing. The City may require any of its Employees to undergo drug and alcohol testing, without prior notice, if the City has "Reasonable Suspicion" to believe that the Employee: a. Is under the influence of drugs or alcohol; or b. Has violated the City's rules prohibiting the=- ..___,_.. manufacture, use, possession, sale, transfer, or • distribution of drugs or alcohol while the Employee is working or while the Employee is on the City's Premises or operating a City vehicle, machinery, or other equipment; or C. Has sustained a Personal Injury or has caused another Employee or other individual to sustain a Personal Injury; or d. Has caused a work - related accident or was operating or helping to operate vehicles, machinery, or equipment involved in a work - related accident. With regard to transit drivers, if subpart d above is implicated, if this occurs, a transit driver must provide a urine sample for testing within 32 hours after being involved in an accident in which the transit driver received a citation for a moving violation arising from the accident, if (1) a fatality occurs; (2) an injured individual requires medical treatment away from the scene; (3) vehicles involved in the accident are required to be towed from the scene. If the transit driver is injured and cannot provide a urine sample, he /she must provide authorisation for obtaining hospital records and /or other documents that may indicate that controlled substances were in his /her system. • Furthermore, with regard to transit drivers, the conduct resulting in •reasonable suspicion■ must be witnessed by at least 5. two supervisors or City officials, if feasible. If not feasible, only one supervisor or City official need witness the conduct. The witness(es) must have received training in the identification of actions, appearance, and conduct which indicates drug or alcohol use by a transit driver. Documentation of the transit driver's conduct must be prepared and signed by the witness(es) within 24 hours of observation or before the results of the test are released, whichever is earlier. 5.) Treatment Program Testing. The City may test all Employees referred by the City for chemical dependency treatment or evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two (2) years following completion of any prescribed chemical dependency treatment or evaluation program or, in the case of transit drivers, up to five (5) years as provided by state and federal transportation regulations. F. RIGHT OF REFUSAL AND THE CONSEQUENCES OF SUCH REFUSAL Applicants for employment and Employees of the City have the right to refuse testing for drugs and alcohol. The consequences of an applicant's refusal to undergo testing is that the conditional offer of employment may be withdrawn and the Job -- - -- - applicant may be prohibited from reapplying for the subject position for a period of six (6) months from the date of his /her refusal. Existing Employees who refuse testing for drugs and • alcohol may be disciplined for such refusal up to and including immediate discharge. For transit drivers, refusal to take a drug test will result in the applicant not being considered for employment and the job offer being immediately withdrawn. If, after being involved in a fatal accident, a transit driver refuses to take a drug test or tests positive, the transit driver is disqualified for one year from driving a commercial motor vehicle. Any transit driver who alters or attempts to alter, or substitutes or attempts to substitute, a urine sample will be considered to have refused to take the drug test and will be subject to immediate termination of employment or, in the case of an applicant, any job offer will be immediately withdrawn. Lelnff* • •' •• i-PiNIPP11POP I.) The City will not discharge, discipline, discriminate against or require rehabilitation of an Employee solely on the basis of a positive Initial Screening Test. However, the City may temporarily suspend a tested Employee whose tests results are positive or transfer the Employee to another position at the same rate of pay pending the outcome of a Confirmatory Test, (and, if requested, the Confirmatory Re -Test) if the City believes it is necessary to protect the health or safety of the Employee, Co- Employees or the public. An Employee who is suspended without pay will be reinstated with back pay if the outcome of the Confirmatory Test or any requested Confirmatory Re -Test is . negative. Requests for such a Re -Test must be made in writing M within five (5) days of the Employees receipt of notice of the test results. Under state and federal transportation regulations, a transit driver who tests positive is considered medically unqualified to drive a commercial motor vehicle. 2.) The City will not withdraw a conditional offer of employment on the basis of a Positive Test Result on a job applicant's Initial Screening Test. An Initial Screening Test must be verified by a Confirmatory Test (and a Confirmatory Re- Test, if requested) before a conditional offer of employment will be withdrawn. 3.) Discipline for a Confirmatory Test verifying a Positive Test Result on an Initial Screening Test may include immediate discharge of an Employee; provided, however, that prior to discharge, the Employee is given the opportunity to explain a Positive Test Result and request and pay for a Confirmatory Re -Test on the original sample. If the Confirmatory Re -Test is negative, no action will be taken against the Employee. If the Confirmatory Re -Test is positive, and if it was the first Positive Test Result for the Employee, the Employee will = be terminated if he /she elects to participate, at his /her own expense in a drug or alcohol treatment or rehabilitation program, whichever is appropriate. If the Employee does not request a Confirmatory Re -Test, the smployee.will- not-be terminated if _ he /she elects to participate, at his /her own expense, in a drug or alcohol program, whichever is appropriate. An Employee who • either refuses to participate in the treatment or rehabilitation program or who fails to successfully complete the treatment or rehabilitation program (as evidenced by withdrawal from the program before its completion or by a Positive Test Result on a Confirmatory Test after completion of the program), may be subsequently discharged. 4.) This Policy does not prohibit the City from taking other forms of disciplinary action (short of discharge) against an Employee following the first positive Confirmatory Test. 5.) This Policy does not limit the City's right to discipline or discharge an Employee on grounds other than a Positive Test Result. For example, possession but not consumption of an illegal drug at work, the sale of drugs on City Premises, being under the influence of drugs or alcohol at work in violation of this Policy, etc. 6.) Any City Employee may be subject to discipline up to and including termination for violation of this Policy or any rules adopted by the City with respect to the manufacture, use, sale, or transfer of drugs and alcohol. 7.) The City will not take any adverse personnel action on the basis of medical history information that may be provided pursuant to this Policy. 7. 8.) Any Employee who has been referred by the City for chemical dependency treatment or evaluation who tests positive in Treatment Program Testing or at the completion of the recommended Program may be terminated upon a positive result of a Confirmatory Re -Test. H. TESTING PROCEDURES All testing will be performed certifies its compliance with § 181.96 et sea. and Minn. Sti City decides to test for drug grounds enumerated in Section will apply: by a licensed laboratory that the requirements of Minn. Stat. ►t. § 221.0313 at sea. When the or alcohol use on any of the E above, the following procedures 1.) Prior to Drug and /or Alcohol Test. Before any drug and /or alcohol test is performed, all Employees and job applicants will be informed of the City's testing policy and provided with a Drug and Alcohol Policy Acknowledgement Form. Employees and applicants will have the option to indicate on the Acknowledgement Form any over - the - counter or prescription medication they have recently taken and include any other information relevant to the reliability of, or explanation for, a Positive Test Result. Medical information revealed in the Acknowledgement Form, if any; will not be used as the bas s­f —ozr any adverse personnel action. 2.) Specimens used for testing. A urine specimen will be • used for drug testing. Urine and /or blood specimens will be used for alcohol testing. If a breath test is used as the initial screen for alcohol, any positive breath test must be confirmed by a blood test. 3.) Initial Screening Test. The testing laboratory will perform a Confirmatory Test on all samples that produce a Positive Teat Result on the Initial Screening Test in accordance with Minn. Stat. § 181.96 at aea. If the Initial Screening Test produces a negative result, written notice of such result will be reported to the Medical Review Officer and the City. The individual who took the test will be notified of such test result within three (3) working days after the City receives the test result report. The Employee or applicant will also be notified that they have the right to request and receive a copy of the test report. 4.) Confirmatory Test. If the Initial Screening Test produces a Positive Test Result for drugs or alcohol, a second test (known as the Confirmatory Test) will be conducted by the City. If the Confirmatory Test proves negative, the Medical Review Officer will be notified of such result. Written notice of this fact will then be sent to the Employee or job applicant within three (3) working days after the City is notified. r� u 8. If the Confirmatory Test produces drugs or alcohol, the Employee or job opportunity to explain that result to If the Medical Review Officer determii positive, the result will be reported will take the following steps: a Positive Test Result for applicant will be given the the Medical Review Officer. ies that the drug test is to the City and the City a. The City will send written notice of the Positive Test Result within three (3) working days after receiving it to the Employee or job applicant. b. The Employee or job applicant will be informed of his /her right to receive a copy of the test result. C. The Employee or job applicant will be informed that he /she has a right to request a Confirmatory Re -Test of the original sample at the Employee's or job applicant's expense. The Employee or job applicant has five (5) working days in which to notify the City of this request in writing. 5.) Confirmatory Re- Tests. If an Employee or job applicant chooses to request a Confirmatory Re -Test, the Employee or job applicant has five (5) working days within which to notify the City of this request in writing. Within three (3) days of the receipt of such request, the City will notify the original testing laboratory that it is to conduct a Confirmatory Re -Test or transfer the sample to another laboratory for re- testing. The Confirmatory Re -Test will use the same alcohol and drug threshold detection levels as used in the Confirmatory Test. If the Confirmatory Re -Test does not confirm the original Positive Test Result, no adverse personnel action will be taken by the City. If the Confirmatory Re -Test is positive, the City may withdraw its conditional offer of employment to a job applicant or terminate an Employee if such Employee chooses not to participate in a chemical dependency treatment or evaluation program. I. APPEALS PROCEDURE Except as otherwise noted, an Employee or job applicant has no additional right of appeal within the City. J. PERSONNEL RECORDS Employees may request to see all information regarding their test results and any discipline inflicted based upon those results. K. EFFECT Nothing set • local, state or in violation of provision shall shall be in ful forth in this Policy is intended to violate any federal law. Should any part of this Policy be local, state or federal law, the offending be deleted and the remaining parts of the Policy L force and effect. SKM:MF7s 9. 0 RESOLUTION NO. 10013 A RESOLUTION INCLUDING VOLUNTEER FIREMEN IN THE DRUG AND ALCOHOL TESTING POLICY THE CITY OF HUTCHINSON RESOLVES: THAT all volunteer firemen are hereby included in the City Personnel Policy as it relates to drug and alcohol testing, to be effective November 1, 1993.,: , %,.: —; ., " ,. Adopted by the City Council this 24th day of August, 1993. ATTEST: Gary D. Plotz City Administrator • Paul L. Ackland Mayor ar C, August 6, 1993 TO: MAYOR & CITY COUNCIL FROM: HEN MERRILL, FINANCE DIRECTOR SUBJECT:SHEPPARD'S HOME We now have possession of the house located north of City Hall with the agreed to purchase from Mrs. Theone Sheppard. We would now ask city council as to how they would like staff to proceed. 0 is City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Departr� ^ -r 10 Franklin Stree (612) 587 -22 14, 21, �jl LJ - S50--- A3f N Z1000 m 11000 .orls,00 Al z 1 40 r� Cl - &,POO-- R� -.- �01 Lo C-A-.rt A rq-b �F- Mo--IX L rfAtq kL',( A?4 SAL jJJjb&,S cp Aji:s tAOA up Sekofzz WA7ZtZ- Cmacle-,C-r-t A ^)b OIL, A ;pzA6 % r. t4 T Ij*,"ACA Z>oCrt.70iZIS ADS; r:cj A Nd-',�EZ 7-o To IAS -37 - .66 of . C 0 August 20, 1993 TO: MAYOR do CITY COUNCIL FROM: KEN MERRILL FINANCE DIRECTOR SUBJECT: HCVN LOCATION - CITY HALL The City Council asked for the cost of changes to the rear of the new city hall for use by HCVN. They have prepared a plan for the area under discussion which has been forwarded to Mike Derrig of WOLD ARCHITECTS. A copy of the layout is attached to this memo. Mike will have a preliminary estimate for this work at Tuesday's meeting. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 61-0. ATION —44 MTED aAL I 4CVtd 5atqfR4vu&1b1;W -2:s� X T150--of - Ni- pu 41 4r All ID" b C;I T R lo MWST�AMN' � 47MMON5 '-B M- A 4-S' [r i C I will" r1 �J ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HQTCEINsow, MINNBsOTA 55350 -2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: HCVN Dear Gary: (612) 587 -7575 FAR (612) 387 -4096 RESIDENT ATTORNEY O. HARRY ANDERSON July 28, 1993 OF ea9 WD•,.M W. CAMERON RAYMOND C. + •• * m 5ESI CEDAR LAEE ROAD RINNEAPOLIS, MINNESOTA 55416 (612) 565 -9000 RN POLL THEE 500-343 -4545 rAx ( 612) w -1793 501 SOUTH FOURTH STREET PRINCETON, WINNESOTA 55371 (6I2)3s9 -2214 FAx(612) 3s9-55o6 *P, °� � 1 4 c AUG1993 RECEIVED Enclosed for Council review at the next City Council meeting please find a copy of the most recent HCVN Board of Directors minutes. The Board takes the unanimous position that the most appropriate location for HCVN is in new city hall. It does not seem likely that HCVN could get along without much less than 1100 square feet in view of the already cramped conditions in the present location with slightly more than 700 square feet. As you know, an additional 400 square feet is not a great increase in square footage. By the time this correspondence reaches you, this issue may have been resolved one way or another. However, the Minutes do contain some interesting comments regarding our local cable franchise operator and the Council may be interested in those. By carbon copy of this correspondence, I am advising Tom Creighton of our meeting and the results of that meeting. When I last spoke to Tom, a couple of weeks ago, he was waiting to hear from Midwest Cablevision. I will hopefully catch up to him prior to the first meeting in August when the cable franchise issues can be discussed in greater detail. Enclosure 'CERTIFIED AS A CIVIL TRLAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION Q T D ._ /J •• CERT[PIED AS A HEAL PROPERTY LAW SPECIAL[Si BY THE MINNESOTA STATE BAR ASSOCIATION r MAYID B. ARNOLD . EY D.AND STEVEN A. ANDERSON O. HAHHT ANDERSON• STEVEN S. BOOR I.AUHA E. FHETLAND DAVID A. BRUEOOEMANN PAUL D. DOVE" JOSEPH M. PASEMENT JAMES UTLEY RICHARD O. McOEE CATHRYN D. HEHER GINA M. BHANDT r1 �J ARNOLD & MCDOWELL ATTORNEYS AT LAW 101 PARK PLACE HQTCEINsow, MINNBsOTA 55350 -2563 Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 Re: HCVN Dear Gary: (612) 587 -7575 FAR (612) 387 -4096 RESIDENT ATTORNEY O. HARRY ANDERSON July 28, 1993 OF ea9 WD•,.M W. CAMERON RAYMOND C. + •• * m 5ESI CEDAR LAEE ROAD RINNEAPOLIS, MINNESOTA 55416 (612) 565 -9000 RN POLL THEE 500-343 -4545 rAx ( 612) w -1793 501 SOUTH FOURTH STREET PRINCETON, WINNESOTA 55371 (6I2)3s9 -2214 FAx(612) 3s9-55o6 *P, °� � 1 4 c AUG1993 RECEIVED Enclosed for Council review at the next City Council meeting please find a copy of the most recent HCVN Board of Directors minutes. The Board takes the unanimous position that the most appropriate location for HCVN is in new city hall. It does not seem likely that HCVN could get along without much less than 1100 square feet in view of the already cramped conditions in the present location with slightly more than 700 square feet. As you know, an additional 400 square feet is not a great increase in square footage. By the time this correspondence reaches you, this issue may have been resolved one way or another. However, the Minutes do contain some interesting comments regarding our local cable franchise operator and the Council may be interested in those. By carbon copy of this correspondence, I am advising Tom Creighton of our meeting and the results of that meeting. When I last spoke to Tom, a couple of weeks ago, he was waiting to hear from Midwest Cablevision. I will hopefully catch up to him prior to the first meeting in August when the cable franchise issues can be discussed in greater detail. Enclosure 'CERTIFIED AS A CIVIL TRLAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION Q T D ._ /J •• CERT[PIED AS A HEAL PROPERTY LAW SPECIAL[Si BY THE MINNESOTA STATE BAR ASSOCIATION r • HCVN MINUTES A combined meeting of the Hutchinson Community Video Network, Inc. Board of Directors and the Hutchinson Cable TV Advisory Committee was held on Tuesday, July 27, 1993. In attendance were Mark Guggemos, Joanne Stearns, Barry Anderson, Sue Potter, HCVN Coordinator, Don Hansen and Roger O'Malley. Absent were George Hallonen and Doug Hedin (CATV committee member). Mark Guggemos reported on a couple of incidents involving our local cable franchise operator. There was discussion regarding our present policy of charging $25 per outlet to connect cable TV even if the house was completely wired by an electrician and the "connection fee" was solely attaching the coaxial cable to the wall. Mark also reported that there was at least one instance were some work was involved in terms of wiring between rooms and the cable company refused to do it. It appears that the cable franchise holder is willing to charge a connection fee when the installation is relatively easy, but is not at all adverse to refusing work when the work appears to be more difficult. Mark also reported that Doug Hedin had invited John Mlinar to review some of the information relative to multiple cable outlets. Doug put together an experiment for John's _benefit - which - demonstrated that multiple outlets do not really have any adverse affect on the main CATV system. Anderson reported that John Mlinar . had called him to express interest in the experiment and the results. Anderson reported that the Mayor had expressed some concern in entering into a long term contract with any franchise holder and expressed a preference for a municipally operated system from an expense, operations, maintenance and service standpoint. Don Hansen raised question over how often Mark Marchart comes to town. It was his understanding that Mark was to be coming to town on a regular basis, but when he has stopped at the CATV headquarters, he has been told that it will be "next Thursday" or at some other unspecified point in the future. Anderson reported on the status of franchise negotiations. We were suppose to receive a proposal from the cable franchise holder, but since we haven't heard from Tom Creighton, the assumption is that no such proposal has been received. Anderson reported that he had been told that the "must carry" negotiations were an issue with the franchisee, although Mark Guggemos pointed out that that really is a 50 cent to $1.00 per subscriber basic rate issue and is not the most significant question facing the franchisee and the City. Sue Potter reported that the survey results are now being collated and that we will likely have data within the next week to • ten days. K -D Mark Guggemos reported on several instances of residents • disconnecting cable service because of an argument with the local cable company and instead installing antennas to pull the signal directly from the Minneapolis area. There was then discussion of HCVN issues. The first question discussed had to do with the proposed future location of the access channel. For some time, there have been discussions with City officials regarding the use of 1100 square feet to the rear of the new city hall. However, the Mayor has expressed a preference for having Partners in Friendship in the new city hall and finding a location for this operation is proving to be more difficult than anticipated. Their present location will be unusable once the old city hall is torn down. The question was put to Coordinator Potter as to whether or not HCVN could get along without 1100 square feet. It was her feeling that the 700 square feet that the channel presently occupies is unacceptably cramped and that 1100 square feet is probably very close to the minimum necessary to operate the channel effectively. It was also pointed out by several members of the Board that in order to effectively use interactive--television, to assist the City with access efforts and for other rather obvious reasons, locating public access in city hall makes substantial sense. This issue was going to be discussed at the City Council • meeting and the Board will act in the near future. There being no other business, the meeting was duly adjourned at 8:06 A.M. Respectfully submitted, G. Barry Anderson Acting Secretary • ?1Z qE 1-5 ect (- GUN t�CCLl �luit(.� — �D bob an V-6 1 t �2 lY1L�l, Il t� � (�lF.tlTS 1)0 - � pa k- qv ILI Zoo °�� ►Yta. ��C�rrL • i Ikv o 1 Iw A E1Z b to lv t r1 A % Vktri tahk t 5 • -flu ebavJ alwfi� 1 45 ,00 n blt Gcilf 1re1_ i C n5ft C►�IY�'�tti��� Y'Q�e�AmS 4 o0 . tLal d , 0 o c, a � p �� �� nEa`� � ►5 �b�l yr. Iq' -4' W )v. R FUTURE T 91 r OW� U yt -- 151 -votr L9�1. Exp. 3• -N- Ll aZ 0 7 5 a.0 4.1 •1500 10 5 b bo_Mcv"mni �Gl' I U _ W" c IKLA - ATION- F -4- s- Zc TAFF i m Code )(v�deaolrs `f �C comm 1ptB etc- -4" 5� MMO N5 119 i s pefeVk --�� I UWZ �1 /Ze t'M3 f GEANT�- RCG,u .11#6 - G 'A6.o b ZZ I )v. R FUTURE T 91 r OW� U yt -- 151 -votr L9�1. Exp. 3• -N- Ll aZ 0 7 5 a.0 4.1 •1500 10 5 b bo_Mcv"mni �Gl' I U _ W" c IKLA - ATION- F -4- s- Zc TAFF i m Code )(v�deaolrs `f �C comm 1ptB etc- -4" 5� MMO N5 119 i s pefeVk --�� I UWZ �1 /Ze t'M3 f RUG 24 '93 01:18PM WOLD ARCHITECTS m�io • • August 24,1993 John Rodeberg Director of Engineering City of Hutchinson 37 Washington Avenue West Hutchinson, Minnesota 55350 Re: Hutchinson City Hall Commission No. 9292 Dear John: P.2/3 6 wRST FIFTH STREET ST. PAUL. MINNESOTA 55102 612.227.7773 VAX 612.221.5646 We have been requested to review projected construction costs and fees associated with the finish out of the Hutchinson Cable Video Network facility. I have met with Susan Potter and her consultant Bill Bruce regarding this matter. Both have presented me with drawings and - cut sheets of equipment regarding this area and I am of the understanding that their current thinking of this area is the final layout. The following is a projected cost estimate to construct the HCVN space. HCVN Projected Cost Estimates Total S 10,000 Mech=W S 6,000 - 8,000 Electrical S 71.000 -27 U00 General $ 38,000.45,000 Variance is allocated in the general cost in accordance with the extent of scope desired. We have also reviewed this work with our mechanical and electrical engineers and conclude that based on the current layout the design fees for this work would be 54,000.00. This amount includes reimbursables and is on a not to exceed basis. We understand that if the council approves this work, they will want design and construction to proceed immediately. We are keeping our schedule space to allow that to happen. Please feel free to call if you have any questions Sincerely, WORD ARCHIT ND ENGINEERS Lioll 11 <i cha Project Manager t ' S cc: An Merrill Mike Cox ju /augM 9 Employe. 1. ZI Z $ib ■1 Vroe,fRf`` IR The following is a summary of additional items requested to be added to the project scope: A. Provide a cost to provide a 3'4" opening at the block wall at door 149 S 430.00 and provide a new frame. The plans call to demolish the euisting frame and install a 3'-0' door and hardware. Also cut a 3'-4" opening at door-149A. B. Provide a cost to install a new door, frame with hardware to match S 720.00 door 149 at door 149A. C. Provide a cost to install a now frame at door 148B. The frame cost should S 345.00 be offset by the fact that doors 148B, 151C and door 152E are actually smaller than shown on the drawings. Also note that tuck pointing of this frame is shown on the drawings which should somewhat offset the overall installation costs. D. Provide a cost to construct room 127,3'-Gm larger to the north with an overall No Cost dimension of 15'-4". Note that the provision for attic stock of the carpet and ceiling should offset the materials cost. E. Provide a cost to recaulk the (9) eidsting 17'4" control joints at the north. $ 614.00 south and west elevations. F. Provide a cost to install an east /west wall type 5A 2-6" south of grid 1 and add S 683.00 another door similar to door 144. Delete the finishes in half of room 144 so that room 144 becomes two offices, one finished and one unfinished. G. Provide a cost to remove the cooling tower located at the mezzanine. No Cost H. Provide a credit for demolition of metal paneled walls, metal paneled ceilings, No Cost and storefront walls which were removed by More Pour Grocery Store. 1. Replace wdsting underground piping with new piping to maintain required S 2,552.00 pressure. rcpt \9292 0 • ARNOLD & MCDOWELL nAVm B. ARNOLD ATTORNEYS AT LAW EP D. YCDOWE ST LL sraveN A.AxaaaSON lol Peas PLACE RRY ANDaE3 o. HARRY HUTCHINSON, MINNESOTA 55350-2563 STEVEN S.ROOe - (612) 5B7 -7575 LUHA i. FRETLAND DAVID A. HRUEOOEMANA PAUL D. DOVE" JOSEPH N. PAIEMENT JAMES UTLEY RICHARD O. MCOEE CATHRYN D. REBER OINA Y. BRANDT /Mr. Gary D. Plotz City Administrator 37 Washington Avenue West Hutchinson, Mn. 55350 FAR (612) 587 -4096 RESIDENT ATTORNEY O. BARRY ANDERSON August 17, 1993 Mr. Dan K. Prochnow Bradford, Prochnow, & Newman 75 Hassan Street South Hutchinson, Mn. 55350 Hutchinson Utilities Commission Attention: Clarence Kadrmas 225 Michigan Street Hutchinson, Mn. 55350 Honorable Paul L. Ackland 626 Bluff Street Hutchinson, Mn. 55350 Mr. James Marka Building Official 37 Washington Avenue West Hutchinson, Mn. 55350 OF CO ZL WILLIAM W. CAMERON EATMOND C.•• * * *�. 5981 CRIME LAZE HOAX) NINNEAP013S, YIN88ROTA 5546 (018) 545-9000 MN TOLL PERE 800 - 343-4545 PAX (618) 545 -1193 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55311 (6/2)389-2214 FAE (612) 389.5506 Re: Hutchinson Electrical Service Condemnation Issue Our File No. 3244 -93064 Gentlemen: A�Glgc�y �By�c Z i thought I would bring you up to date on the status of this matter. First, the City of Hutchinson dodged a bullet in connection with this proceeding when the United States Senate, applying common sense for the first time in recent memory, stripped from the budget reconciliation bill a provision which would have prevented eminent domain actions in disputes between rural electrical cooperatives and municipalities. I am enclosing for your information a copy of a memo received from the American Public Power Association. Clarence was instrumental in bringing this matter to my attention and in my discussions with Senator Durenberger's office, I have confirmed that the APPA memorandum is accurate. *CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATH HAR ASSOCIATION U[ "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE %INNESOTA $TATS BA8 A890CL'1TON Plotz, Prochnow, Kadrmas, Ackland, Marka August 17, 1993 Page 2 It thus makes sense, in view of the possibility that the eminent domain authority of the City may be taken away, leaving these kinds of matters solely in the hands of the public utilities commission, to make certain that we include in our litigation all of the properties presently within the city limits, but served by or at least potentially served by, the cooperative. This project has been growing in the sense that I receive a call on almost a weekly basis from one developer or another who is frightened at the prospect of having to contract with the cooperative and would like to have the City provide service. I have identified the following areas to be included in this project: Lynn Township Orderly Annexation Area This parcel consists of 291 acres. This parcel includes the McDonald property, the Johnson Estate property, the WDH property, as well as a couple of smaller farms, the Lakewood Drive homes and the four homes on the south side of Southgrade Road. Most of the property is undeveloped, but there are a number of homes presently served by the cooperative. As I understand it, there is a formula in place to compensate the cooperative for the loss of already developed property and those homes would presumably not be a part of the eminent domain proceeding. Please advise if this is not correct. 2. Compton - Anderson Parcel. This parcel is within the city limits and is subject to the terms and conditions of the 1974 agreement. The north 700 feet of the west 373.37 feet of this property includes a home. An I correct in my assumption this home is presently served by the cooperative? I presume also that this property would not be part of the condemnation. Again, please advise as to the handling of this particular matter. Bauerly Property. This property is located adjacent to Our Savior's Church, is subject to the terms and conditions of the 1974 agreement, and if I recall correctly, portions of it may already be served by the City. The City's position is that the amount payable to the cooperative for this territory is zero. The utility presently serves Our Saviors and apparently paid the cooperative for serving Our Saviors. The actual owner of the parcel, as I understand it, is "BSK of Hutchinson Partnership, 4787 Highway 23 N.E., Sauk Rapids, Mn. 56379 (251- 9472). Just to make certain that I have correctly identified the parcel in question, I am providing a photocopy of a summary page submitted in connection with the Walnut Plotz, Prochnow, Kadrmas, Ackland, Marka August 17, 1993 Page 3 Ridge Estates plat. The property owned by Roger Stearns, as I understand it, is already in the city limits and is presently served by the Utilities. I have also received a telephone call from Sam Montgomery who wishes to have his parcel, north of the city limits and in the vicinity of the golf course, included in the action. Since he has not yet been annexed in as part of the City, I would not recommend the inclusion of that property at this time. It probably would be possible to amend the proceedings at a later date to include the property at that point. We have also discussed the procedure for recovering costs in connection with this action. I am enclosing a very rough draft of a proposed agreement between the City of Hutchinson and individual owners/ developers. This agreement would allow the City to assess charges on a per lot basis. This agreement also contemplates that the City would not charge back to the property owners the costs of . the litigation. I believe the feeling at the present time is that it would be most appropriate for the municipality, either through the Utilities Commission or otherwise, to bear those expenses. I have included in the agreement language which would allow the City to collect those costs and charges if the direct acquisition costs were not paid by the property owner. A reasonable case can be made that the Hutchinson Utilities Commission could collect all of these charges and costs by relying on Minn. Stat. §453.57 which provides as follows: A municipal power agency may make and enforced by laws or rules which it deems necessary or desirable, and may establish, levy, and collect or may authorize, by contract, franchise, lease or otherwise, the establishment, levying and collection of, rents, rates, and other charges for the services afforded by the municipal power agency.... (emphasis added). Under the circumstances, the combination of lower rates, plus the willingness of the City to pay the litigation costs, should produce nearly unanimous cooperation with the developers. I would rather rely on an agreement with the developer to pay these expenses than the statute. Finally, while it is impossible to estimate the fees and expenses for an action like this, particularly in view of at least the potential for involvement of federal agencies, as well as the State Plotz, Prochnow, Kadrmas, Ackland, Marka August 17, 1993 Page 4 Cooperative Association, it is fair to say that it will not be easy or cheap. The above is intended to be a summary of the status of this matter at the present time. There are a number of unanswered questions that will need to be addressed, but i am still hopeful of proceeding forward with the condemnation by September 1. Please do not hesitate to contact me with questions. Thank you. Best regards. Very truly yours, ARN & c t G Anderson GBA:lm 0 A w•►.A 4 q I P10111341 August 6, 1993 DATE. AUG 91993 RENCE er4— BUTCH JOHN WALLY - - American Public Power Association WILL STEVE 2301 M Street. N.W ED Washington, D.C. 20037 -1484 CURT 2021467 -2900 BEY SUE UN MEMORANDUM a' ATE TO: APPA Member Systems As 'O'e v� PETURN TO FROM}: Alan H. Richardson, Assistant Executive Director SUBJECT: Co -op Territorial Provision Stripped from Budget Reconciliation Conference Report We have good news and bad news concerning the co -ops' efforts to enact legislation protecting their territory from competitigp by municipal electric systems. The good news is that the co -op territorial protection provision initially agreed to by the House and Senate conferees has been stripped from the bill. The bad news is that, despite this victory, the co-2p s continue their efforts to obtain territorial Drotection eats an on. Here is what happened and why. Under a Senate rule (the Byrd rule, named after its author, Senator Robert Byrd) provisions in budget reconciliation bills and conference reports on those bills that do not have a direct and substantial effect on the budget are subject to a point of order. (This rule applies only to the Senate, not the House.) If the point of order is sustained by the presiding officer and not overridden by a vote of at least 60 senators, the provision is stricken from the bill. As we have noted in prior memos, the territorial provision neither raised revenue nor decreased federal spending. Thus, it would have been subject to a point of order when the conference report was considered. Senator Simpscn (R -WY) had advised Senator Lugar (R -IN) that he would make a point of order against this provision if it were included in the conference report. Under House and Senate procedures, the House must act first on this conference report. A successful point of order in the Senate under the Byrd rule would result in a change in the text of the bill as approved by the House. Thus, the bill would have to return to the House for a second vote of approval. The Democratic leaders wanted to avoid the possibility of two votes -- one on the initial conference report and a second on the report as modified as a result of Byrd rule points of order. So the conference report was given a "Byrd bath." All provisions subject to a Byrd rule point of order were either • modified to comply with the rule or eliminated. The territorial provision and the other co -op loan revision provisions were dropped. However, the statement of the managers (explanatory material that accompanies the actual legislative language) notes that the House and Senate conferees supported the provision but agreed to delete it for procedural reasons. over Unfortunately, we just can't seem to drive a stake through the heart of this territorial legislation. At about 9 p.m. Wednesday, Sen. Patrick Leahy (D -VT), • chairman of the Senate Agriculture Committee, sought unanimous consent to bring up for immediate consideration on the Senate floor a draft bill that encompasses all the REA provisions stripped from the budget reconciliation bill. In addition to the provisions that restructure REA's direct loan program, Leahy's bill included as Section 2(c)(3) the co -op territorial protection legislation that was or—ig—l—na—My—a—g—re—e-d to by the budget reconciliation conferees. Senator Leahy's parliamentary ploy might have succeeded were it not for the vigilance of Sen. Alan Simpson (R -WY), Minority Whip of the Senate. Simpson objected to Leahy's unanimous consent request for immediate floor consideration, thus blocking consideration of the legislation at that time. The elimination of this provision from the budget reconciliation bill and the ter:•porary blockage of the Leahy stand -alone bill are important victor;eG, but it is likely that the issue will return. There is a very high probability that legislation will be considered later this year to revise the co -op loan program. Thus, while the matter has been put aside for the moment, it could resurface after Congress returns from its August recess. For that reason, you need to continue to advise members of Congress of your concerns about, and strong opposition to, federal legislation preempting local territorial laws. These issues should continue to be resolved pursuant to state laws and regulations. Our success to date is directly attributable to your direct communication with your Congressional delegation. We have come so far, we cannot afford even the slightest let -up in our contacts. If you have received a favorable response from your Representative or Senator, write him or her a thank -you note and a reminder that this issue will likely be revisited when Congress reconvenes in September. And don't forget that, when your delegation returns home for the August recess, this is an excellent opportunity to schedule a face -to -face visit to discuss this federal preemptive challenge to the municipal powers of eminent domain. Please call me, Ted Coombes or Charlie Acquard if you have any questions. AHR /mbb 0 . AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 1993, by and between the City of Hutchinson, a Minnesota municipal corporation, and , the owner of certain real estate located in the County of McLeod and City of Hutchinson. RECITALS: 1. is the owner of the following described real estate: 2. The City of Hutchinson, through the Hutchinson Utilities Commission, provides electrical service to residents within the City of Hutchinson. 3. The above described property is presently within the electrical service territory of the McLeod Cooperative Power Association, Inc., a corporation organized under the laws of the State of Minnesota. 4. The property in question is, or is about to become, urban or suburban in character. 5. The owners of the property desire to have electrical service to individual lots within the boundaries of the above described property provided by the Hutchinson Utilities Commission. 6. It is in the public interest of the residents of the City of Hutchinson that the City provide electrical service to as many • residents of the City of Hutchinson as possible for reasons of efficiency, cost effectiveness for both the City and the individual property owners and for the advancement of general municipal • purposes. 7. That in order for the City of Hutchinson to provide said municipal electrical service, the City must first acquire the service territory presently owned by the MCPA by eminent domain, direct negotiation with the MCPA or as otherwise provided by law. 8. That as a consequence of acquiring the service territory, the City will incur costs and expenses and the parties hereto desire to reduce to writing their agreement regarding the payment and reimbursement of these costs and expenses. 9. The City of Hutchinson has the authority pursuant to Chapter 453 of Minnesota Statutes to assess and collect from the owner the costs of acquiring the service territory including but not limited to acquisition costs, attorney's fees and the costs and expenses of prosecuting the action, but in the interests of furthering development and the convenience of all concerned, the City is willing to absorb, under limited circumstances, some of these costs. NOW THEREFORE IT IS AGREED FOR ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERE AGREE AS FOLLOWS: 1. ACQUISITION COST. The owners shall be responsible for, and shall pay pursuant to this agreement, all of the direct costs of acquiring the electrical service territory for the above described property presently assigned to the McLeod Cooperative Power Association. "Direct costs" are defined as all costs, expenses and charges payable to the MCPA for the acquisition of the service territory including but not limited to any charges or costs i assessed as a result of the exercise of the City's rights of -2- eminent domain, but not including the City's attorney's fees and • expert witness charges. In the event the owner fails to pay the direct costs as provided by this agreement, the City may, at its sole and exclusive option, elect to assess or charge to the owner a portion or all of the litigation expenses incurred by the City in the prosecution of eminent domain proceedings or direct negotiations for the acquisition of service territory including but not limited to reasonable attorney's fees and expert witness charges. Both parties acknowledge that the costs for acquiring service territory from and prosecuting an action against the MCPA are unknown and unknowable at the present time.— 2. DEFERRAL AND LIEN. Collection of costs and charges by the City shall be deferred if development occurs on or in connection with the above described real property. The full amount due and owing to the City shall be a charge and lien against the premises in the same manner as an assessment provided under Chapter 429 of Minnesota Statutes. The City may establish the total amount due and owing by preparing and filing an affidavit, signed by the City Administrator or his designee, stating the amount owing and the basis for the charge. In the event the owner disagrees with the amount so charged, the owner may request in writing that the City Council for the City of Hutchinson consider the matter. The decision of the City Council with respect to the amount owing under this agreement shall be final. 3. PAYMENT. Upon determination of the final amount due and owing to the MCPA, the City shall divide the total amount to be paid by owner by the number of individual, platted lots comprising the above described real estate and shall assess the resulting -3- amount against each individual parcel. No residential or commercial building or construction permit shall be issued until • and unless the owner or the owner's successors and assigns pays to the City of Hutchinson either the full amount of the direct cost of the acquisition of the service territory or, if no final amount has been determined, unless and until a minimum of $500 per lot is paid. In the event the total cost as finally determined by legal proceedings or direct negotiation with the MCPA is less than the amount prepaid by the owner or by the owner's successors or assigns, the City shall rebate to the present fee owner of the real property the excess amount paid. In the event the final amount is greater than the minimum payment provided for in this paragraph, the unpaid balance shall be certified to the County Auditor for payment as a levy with the real estate taxes otherwise due and payable. The City may, at its sole and exclusive option, elect to collect the amounts due and owing under this agreement by an action- based on breach of contract against the owner or the owner's successors or assigns. 4. RESERVATION OF RIGHTS. Nothing in this agreement shall be construed to limit the rights of the City of Hutchinson or its entities under Chapter 453 or Chapter 117 of Minnesota Statutes or any other applicable law. 5. SUCCESSORS AND ASSIGNS. This agreement shall inure to the benefit of, and shall be binding upon, the successors and assigns of each party. Dated: :iL' CITY OF HUTCHINSON By: • Paul L. Ackland, Mayor Attest: Gary D. Plotz City Administrator OWNER: STATE.OF MINNESOTA) ) SS. COUNTY OF McLEOD ) Its On this day of , 1993, before me a Notary Public personally appeared Paul L. Ackland and Gary D. Plotz, Mayor and City Administrator respectfully for the City of Hutchinson, a municipal corporation who acknowledge that they signed the above instrument on behalf of the corporation. Notary Public STATE OF MINNESOTA) SS. COUNTY OF ) On this day of 1993, before me a Notary Public personally appeared , owner of the above property who acknowledge that they signed the above instrument as their own free act and deed. THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson ARNOLD & McDOWELL 101 Park Place Hutchinson, Mn. 55350 Telephone (612) 587 -7575 Attorney I.D. No. 196X 0 -5- Notary Public 0 THIS RESOLOTION is made - and,entered._ this .__day- of_Auqust, 1993, by the Hutchinson City Council:- = _ RECITALS: 1. The City of Hutchinson territory the following described the "Compton - Anderson" property: includes within its incorporated real estate, hereinafter known as 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, all located in McLeod County, State of Minnesota. 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-i- Hii3crest- 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 Addition; thence North 38 degrees 45 minutes 48 seconds West -1- r- E- _ r 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, "M,Aluff 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 "A" 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 Cooperativel'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 in paragraph 1 & 2 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. As a result of an Agreement dated March 11, 1974 between the City of Hutchinson and the Cooperative, a portion of the property described in paragraph 3 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. • 8. The City of Hutchinson provides electrical and other utility services to properties both within and without the City of -2- • �J • Hutchinson and is in a position to provide services to the property described above. 9. 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. 10. 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. 11. 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. 12. 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 THSREFOR8, BB IT RSSOLYBD 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 August,_ 1993. Attest: Gary D. Plotz City Administrator CITY OF W"CHINSON -3- Paul L. Ackland, Mayor I` ,.0 That parr of the South Half of Section 2, that trt o! ire Scucheas: Quarter of Section 3, that part of :.`.e Northeast Quarter of Section 10 that part of the North Hal! of 6acticn 11 and a. c par: of the Northwest Quarts: of Sac-ion 12, all In Township 116 North. Range 30 vast Of the Sc9 Principal Meridian, described as fallow; I Beginning at the sr_t`sast earner of said Section 2s tnonce westerly, along the south line of the Southeast Quarter o! said Sacticn 2, to the southwest center of the Southeast Quarter of said Southeast Quarter[ thence northerly, along the wet line of said Southeast Quar- ter of the Southeast Quarter, to a point 700.40 feet southerly of the northwest corner of said Southeast Quarter of the Soothes$: Qua-- tar, thence easterly. parsll*l with the north! "Itne of aid Southeast Guar. e: of the Southeast Quarter, 373.37 foot; thence northerly, parallel with said west lire, 700.00 feet to laid north itre; thence easterly, along said north line, to the east line Of said Southeast Quarter( thence northerly, along saihd east Me, to the southeast corner of CLOGSE ADDITION; thence westerly, along the south lire o! said CLOGS£ ADDITION, to the southwest corner!lof said CLOGS*_ ADDITION; thence northerly, along the west lira of said CLDOSE ADDITION, to the intersection with a ltne drawn vesterly a a right angle to said east line, fccm a point on said east line distant 699.00 !eat south- erly of the northeast corner cf said South Ha f of Section 2s there* westerly, deflecting 90 degrees 00 minutes 00 seconds to the loft, 600.06 feats thence westerly 57.82 feet along a nontargential cirvo concave to the south, having a radius of 425.75 feat and a cantral angle of 7 degrees 46 -inc-el 50 seconds, the chord of said carve deflects 11 degrees e7 oinutes 48 seconds to the left from tie last described line; thence westerly 127.38 feat a�onq a revarse curve cor.cava to the north, having a radius of 070.87 fat and a central angle of 15 degrees 30 minutes 00 seconds; th nce westerly, tangent to said reverse curve, 37.00 fee:; thence westerly 21.29 feet along a tangential curve concave to the north, hoist 9 a radius of 269.89 !eat and a central angle of a degrees 12 minutes 26 seconds; thence southerly, deflecting 91 degrees 27 minutes 15 seconds to the left from the sherd of the last described curve, 220.69 !eat[ thence casi- Orly, deflecting 69 degrees 21 minutes 35 seconds to :.he right, 192.50 !99t; thence westerly, deflecting 7 degrees U minutes 10 seconds to the rtght, 88.62 !ear. to the southeast corner of F:FTN ADD3T:CN TO LAKEWOOD TERRACE: thence westerly, along the south line of said FIFTH ADDITION TO LAKEWOOD TERRACE, to the intersection with Line A; (said Line A is described as commencing at the southeast corner of said Section 2; t -axe westerly, along the south line of the Southeast Quarter of said Section 2, a distance of 1972.18 feat to the be- ginning of said Line A; thence northerly, deflecting 89 degrees 24 minutes to the right); thence southerly, along said Llne A. to a poi.. -.t 1328.81 feat north of the beginning of said Line At as measured along said Line As thence westerly, deflecting 90 degrees 36 minutae to the right, 699.21 !eat; thence northwesterly, deflecting 15 degrees 13 minutes 25 seconds to the right,392r15 feet, thence ncrths:ly, deflating 90 degrees Oa mtnutea 2S seconds to the right, 213.06 !set; thence northerly 121.08 feat along a tangential curve concave to the *sets havirq a radius of 827.93 feat and a central angle of 13 degrees 06 minutes 28 seconds; thence northerly, tangent to the last described curve, to the south line of THIRD ADDITION TO LAKEWOOD TERRACE, thence weatarly, northerly and wes- -erly, along said south line of THIRD ADDITION TO LAKEWOOD TERRACE and along the southerly line of LAKEWOOD TERRACE, and along the westerly prolongation of said southerly line of LAKEWOOD TERRACE, to the intersection with a line parallel with and 600.00 foot east of the west line of said south Hal! of Seeticn 2; thence southerly, along said parallel line, to the intersection with a line parallel with and 33.00 !eat north of the south line of said South Half of Section 2: thence westerly, parallel with said south line of the South Half, to the in- teraction with said West It.e of the South Half; thence w*sterly, parallel with the south line south lire of said Southeast Quarter of Section 3; to the intersection with the northerly prolongation of a line parallel with and 33.00 feat westerly of the west line Of the East Half of aid Northeast Quarter of Section 10; thence southerly, along the last described parallel line, to the intersection with the south line of said Northeast Quarter of Section 30; thence easterly, along the last said south line, to the soctheatt corner of said Northeast Quarter of Section 10, thence easterly, along the south line of said North Hal! of Section 11, to the intersection with Line B (said Line 8 is described as commencing at the northwest corner of said Section 11; thence easterly, along the north line of said Section 11 a distance of 1230.00 fet'to the beginning of said Line B; thence southerly, deflecting to the right 107 degrees e Ot minutes 00 seconds to the south line of arid North Half of Section 11); thence northerly, along said Line S. to the intersection with a line parallel with and 33.00 feat southerly of said north line of Section'll; thence easterly, parallel with the north list of said section 11 and the north line of said Section 12, to the intersection with the center line of Dale Street; thence northerly, along said center line, to the north line of said Section 12; thence Westerly, along said north line of Section 12, to the point of beginning. C, M E M O R A N D U M DATE: Aug 24th, 1993 TO: Mayor & City Council FROM: Water Billing Department SUBJECT: Delincruent water & sewer accounts for the month of Aug Attached is a listing of the delinquent water and sewer accounts for the month of Aug. Recommend service be discontinued on Monday, Aug 30th, 1993 at Noon. • City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 9 -lI 3 -250- 0514 -001 Heath Lindquist 3- 680 - 0877 -011 514 Bluff St Sharon Sauter Hutchinson MN 55350 877 Main St N 514 Bluff St Hutchinson MN 55350 33.21 877 Main St N CC: Tom Ertl 94.27 504 Bluff ST cc: Bruce Crosby Hutchinson MN 55350 879 Main St N • Hutchinson MN 55350 3- 030 - 0646 -082 3- 380- 0446 -062 Jack Krippner Stephen Voeklel 646 Second Av SE 446 Erie St • Hutchinson MN 55350 Hutchinson MN 55350 646 Second Av SE 446 Erie St 102.67 102.56 cc: Vicky Klabunde Promises 9/3/93 Route 1 Box 218 Brownton MN 55312 3- 530 - 0712 -021 Vince Jahner 3- 060 - 0183 -003 712 Hilltop Dr Dennis McCutchen Hutchinson MN 55350 183 Fourth Av NW 712 Hilltop Dr Hutchinson MN 55350 168.58 183 Fourth Av NW cc: James Schlagel 103.93 656 Juul Rd Hutchinson MN 55350 3- 080 - 0250 -041 Vance Haugen 3- 535 - 0425 -051 250 Fifth Av NW Judy Kopesky Hutchinson MN 55350 Box 606 250 Fifth Av NW Hutchinson MN 55350 56.36 425 Huron St 77.69 3- 130 - 0136 -041 Miles Willhite 136 11th Av NE Hutchinson MN 55350 3- 655- 0805 -091 Steve Synstelien 136 11th Av NE 5100.00 805 Lindy Ln Hutchinson MN 55350 805 Lindy Ln 174.28 3- 210 - 0105 -045 Promises 8/26/93 Norma Navarro 105 Adams St S Hutchinson MN 55350 3- 680- 0735 -035 105 Adams St S Herman Buschel 38.20 735 Main St N CC: Hutch Iron & Metal Co Hutchinson MN 55350 304 1st Av SE 735 Main St N Hutchinson MN 55350 63.59 Promises 9/7/93 3 -250- 0514 -001 Heath Lindquist 3- 680 - 0877 -011 514 Bluff St Sharon Sauter Hutchinson MN 55350 877 Main St N 514 Bluff St Hutchinson MN 55350 33.21 877 Main St N CC: Tom Ertl 94.27 504 Bluff ST cc: Bruce Crosby Hutchinson MN 55350 879 Main St N • Hutchinson MN 55350 • 40 3- 735 - 0325 -044 Todd Wrucke 325 Monroe St Hutchinson MN 325 Monroe St 86.34 3 -735- 0336 -011 Dale Schlueter 336 Monroe St Hutchinson MN 336 Monroe St 270.81 3- 910- 0740 -082 David Papke S 740 Spruce St 55350 Hutchinson MN 55350 S 740 Spruce St 35.14 Promises 8/25/93 3- 980 - 1359 -031 S Greg Hanson 55350 1359 Westwood Rd S Hutchinson MN 55350 1359 Westwood Rd 143.30 3- 735- 0436 -004 Dave Johnson 436 Monroe St S Hutchinson MN 55350 436 Monroe St S 81.31 3- 745 - 0136 -011 Richard R Fausch 136 North High Dr Hutchinson MN 55350 136 North High Dr 45.21 Promises $20.00 9 -10 $20.00 each month 3 -765- 0810 -092 David Laine 810 Oak St Hutchinson MN 55350 810 Oak St 137.19 Promises 9/2/93 3- 765 - 0835 -002 Ted Weiby 835 Oak St Hutchinson MN 55350 835 Oak St 169.21 3 -795- 0105 -071 Tom Carrigan 105 Pauls Rd Hutchinson MN 55350 105 Pauls Rd 182.36 Promises 8/27/93 1- 100 - 0136 -043 David Pfeiler 443 James St Hutchinson MN 55350 136 Sixth Av SE 125.00 Pymts 8/24,$35; 9/1/$30; 9/8/$30; 9/16$30; 3- 200 - 0015 -054 Russell Zummach c/o Scott Walgren 1326 Sumner ST Lincoln NE 68502 15 Academy Ln 216.80 CC: Maplewood Academy 700 Main St N Hutchinson MN 55350 Promises 9/10/93 i C August 20, 1993 TO: MAYOR & CITY COUNCIL FROM: HEN MERRILL FINANCE DIRECTOR SUBJECT: CHANGE ORDERS - CITY HALL Mike Derrig will be bringing additional information on the change orders to be considered. A preliminary estimate is attached on some of the changes being discussed by the contractor. In addition we should have information regarding some under ground sewer work within the building requiring a change order -- Mike will be addressing these issues and answering any questions. City Hall 37 Washington Avenue West (612) 587 -5151 Parks &Recreation 900 Harrington Street (612) 587 -1975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 ( ?-/30 1 weir FrFTM 1TUIT ST. PAUL. MIPHISOTA $5162 •lam S `//6 h1yI0.1993 4w'� 613.227.7773 4,g , r +: stl.:ls.sa�c lisps W. Bruce Braitbaeh Construction Company Inc. PA. Box 78 Elrosa, Minnesota Si325 -7 Re, Hutchinson City Hall Commission No. 9292 Dear Bruce: I am writing as a follow -up to the construction mestio8 of July 27,1993 and a letter from the City of Hutchinson dated July 29, On Please provide pricing information on the foBowimg with A cost for c&& ine "Coe � d.pO o. x IL Provide a asst to provide a 3'-C opening at the block wall at door 119 and provide a ttcvr frame The plans no to demolish the e:ist frame and install a 3'4' door and hardwart A1w au a 3'-C opening at door 149A. y� �} 2 Provide a cost to in" a new door, frame with hardware to couch don 119 at door a" 1 149A. loD 3. provide a cost to install a new frame at doorlrlY. The frame � should be offset by the fad"doors 148B, IS1C and door 152B are adually smaHcr than shown ON" r� " drawings Also note that tuck pointing of ibis frame is shown On the drawings which should somewhat olBet the overall installww" costs 4. Provide a cost to construct room 177.34r larger to the monk with an overall dumension of W-C. Note that Ike luWASioN for Attie stock of the carpet and oe0'iog should offset the materials Cost. 5. Provide a ma to rwulk the (9) calming 174)' control joints at the north, soak and was eI elevation. —6. provide a cost to install an cast/wca wall type SA Z-C south of grid I. and add another door similar to door 141. Delete the finishes in half of roan 144 so that room 144 becomes two effaces, one finished and am rdnnisbed. 7. Provide a cost to remove the cooling sower located at the memaim A1 1C, 8. Provide a credit for dennoliti m of metal Pan dd walls, metal paneled MWNW, and stonefrout walls whisk were removed by More Four Gracory Store. picric submit costs for the above items as SOON as Double $o that the City can review i at 1keir am council meeting scheduled for August 141993. Also note that the City would Eke to fasish am room 151 and drawings to that effed arc forthcoming. snot►oly. O ARCH GINEERS i ,u � parrtg "ca Manager cc John Rodcherg rum Marka Ken Merrill Gary Plotx Mike Cox Ken Brasidh (fax 1- 234 -7916) s"r' kdAurm 9- r.J 1 . HUTCHINSON CITY HALL CTTY OF T-T[JTCHITtSON Construction Cost Review August 24, 1993 The following is a summary of additional items requested to be added to the project scope: A. Provide a cost to provide a 3'-4" opening at the block wall at door 149 S 430.00 and provide a new frame. The plans call to demolish the existing frame and install a 3' -0' door and hardware. Also cut a 3' -4" opening at door 149A. B. Provide a cost to install anew door, frame with hardware to match S 720.00 door 149 at door 149A. C. Provide a cost to install a new frame at door 148B. The frame cost should S 345.00 be offset by the fact that doors 148B, 151C and door 152E are actually smaller than shown on the drawings. Also note that tuck pointing of this frame is shown on the drawings which should somewhat offset the overall installation costs. D. Provide a cost to construct room 127, 3' -0" larger to the north with an overall No Cost dimension of 15'4". Note that the provision for attic stock of the carpet and ceiling should offset the materials cost. E. Provide a cost to recaulk the (9) exdsting 1T -0" control joints at the north, $ 614.00 south and west elevations. 20 F. Provide a cost to install an east/west wall type 5A 27-6" south of grid 1 and add $ 683.00 another door similar to door 144. Delete the finishes in half of room 144 so that room 144 becomes two offices, one finished and one unfinished. G. Provide a cost to remove the cooling tower located at the mezzanine. No Cost H. Provide a credit for demolition of metal paneled walls, metal paneled ceilings, No Cost and storefront walls which were removed by More Pour Grocery Store. I. Replace existing underground piping with new piping to maintain required S 2,55100 pressure. rcpt \9292 • 1-143 P PURCHASEEOORDER N° 12033 City j% wG�i 37 Washington Ave. West Hutchinson, Minnesota 55350 (612) 567.5151 VENDOR: P.M. Johnson's Inc. SHIP TO: Ci Date Sept. 2, 1993 Department City Hall Construction Account of Hutchinson 14R1 Marchal Ava 37 Wa ch ingtnn Avn WPCt St. Paul MN 55104 -6343 Hutchinson. Mn 55350 1TTN. Bob Chorske Qu �TTM DFSCRIP140N AMOUNT Per quote 8 -13 -93 as revised 8 -27 -93 Install 5 Freight (attached as coordinated with Wold Architects) $8870.25 'lease Reference To Purchase Order Number When Invoicing. VENDOR ADDRESS: JANTITY CITY OF HUTSCHHIINSON Approved by /�G... —/ 1� 71�JAZ,&� idress if Attn PHER THAN City Hall : W YYrtY•YrtYYrtrtrtYY *ADDITIONAL QUOTES 8 COMMENTS ON REVERSE SIDE GRAND TOTAL 9-� r i T '6 rI t! i t3 (i t I To 12034 Cq of 1 Date September 2, 1993 Department City Hall Construction 37 Washington Ave. West j Hutchinson, Minnesota 55350 Account (612) 587.5151 City of Hutchinson _ENDOR: beneral yrrlce rroaucLa SHIP TO: 4521 Highway 7 37 Washington Ave West Minneapolis, MN 55416 Hutchinson, ,MN 55350 :TTN. Peter Moller QU� Drscitw or; Per 8/30/93 proposed 55139 office furniture, delivered and installed as coordinated with Wold Architects 1 $123,561.72 CITY OF HUTCHINSON Approved by 56/ lease Reference To Purchase Order Number When Invoicing. • VENDOR ADDRESS: _._. Address if OTHER THAN City Hall: t2UANTITY DESCRIPTION UNIT COST TOTAL *ADDITIONAL QUOTES 15 COMMENTS ON REVERSE SIDE GRAND TOTAL ��� VISION . OFFICIALS AND EMPLOYEES OF THE CITY OF HUTCHINSON We will make the best use of community resources to provide and deliver quality services that are flexible to the citizens of Hutchinson, our customers. We will limit barriers while facilitating positive and orderly growth through long range planning. We will be proactive with our customers, promoting their involvement while building trust and accountability. We will be a model to other communities by promoting innovation and cost efficiency through partnerships with private business, government and public entities. We will balance the growth of the community and the protection of our natural surroundings. We will provide a positive environment to empower employees; this will be . essential to plan, develop and deliver quality services. C ----- -w - - -- M E M O R A N D U M DATE: August 24, 1993 TO: MAYOR AND CITY COUNCIL FROM: DOUG MEIER, MAINTENANCE OPERATIONS SUPERVISOR SUEJECT: RECOMMENDATION FOR THE PURCHASE OF ONE (1) NEW BRUSH CHIPPER ww� -- Cn AuguE.t 9th, 1993, the City of Hutchinson requested proposals for the purchase cf one (1) new trailer mounted brush chipper. Specifications were sent to the fcl.lowir -.g companies: Reach Equipment, Aspen Equipment and Vermeer Sales. The results are as follows: Rez.ch Equipment 91`_0 Pillsbury Avenue South Bloomington, MN 55420 -3686 Model: Brush Bandit 250 Cash Price $ 20,726.00 Less Trade -in: 2,850.00 NET BID $ - '- 7,87E.00 Ashen Equipment 5623 West Highway 13 Savage, MN 55378 Mcdel: Mobark 17 Cash Price $ 22,680.00 Less Trade -in: 2,000.00 - NET BID $ 7.0,580.00 f • Cihl 1]r111 Parks & Recreation Police De.narrmcw 37 Washirrghn Avenue 41'est 900 Harrington Street 10 Franklin Strect �nsl4 (612) 587 -5131 (612)587 -2975 (1112) ik7 -2242 11tltchi11s611, Millrlesota 55350 9 �, - Printed mr w, yded 1up-r . e. Vermeer Sales and Service 804E Old Highway Road North St. Cloud, MN 56301 Model: Vermeer 1250 Cash Price $ 21,100.00 Less Trade -in 3,000.00 NET BID $ 18,100.00 Cash bid for the purchase of City owned 1972 Wayne Chipper $ 765.00 Based on the results of the bid proposals, I'm recommending the City of Hutchinson award the contract to supply one (1) new brush chipper to Retch Equipment, Bloomington, MN for a net after trade -in bid of $17,876.00 which was 1-ow bid. I further recommend the City trade -in the old unit at this Limo. It is my understanding that Hutchinson Utilities has agreed to pay half the cost of the brush chipper. I 0 C UA' E : TO: Hutchinson City Council FROM: Hutchinson Planning Commission August 18, 1993 SUBJECT: CONSIDERATION OF PRELIMINARY PLAT AND FINAL PLAT OF " REPLAT OF HELLAND'S NINTH ADDITION" SUBMITTED BY TISCHER HOMES INC. Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary plat and final plat. HISTORY On July 27, 1993, Wally Tischer, Tischer Homes Inc., submitted a preliminary and final plat of REPLAT OF HELLAND'S NINTH ADDITION. A public hearing was held at the regular meeting of the Planning . Commission on Tuesday, August 17, 1993, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application and plat maps were submitted the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, August 5, 1993. 3. Director of Engineering, John Rodeberg, will submit certification that the proposed preliminary and final plat meets all the requirements of the Subdivision Ordinance as per Final Plat Data. It is the recommendation of the Planning Commission that the aforementioned preliminary and final plat be approved as submitted subject to the developer paying for the sixth service if necessary. Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission r City Hall Parks fr Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on recycled paper- 0. O 1 I y Z C 6' \c 0 = \ 53 _ ' 0 2 00 ° -4 o 0 \ s \ 1] \ gyp. 2p 1 600 °0 \ Y 8 9 Q 6a y 5� 22 ]a oa o aA b V 2 c e 'p oo 2 i� ; \\c ,o o° 3 $t 3 G ° P` ° 4 4 tp Z • • ' to n !G yi I,u22.00� �\iN�c \\ \y \'J 'f �•``,., OOH 60 i O - 5 . `- - `i4T, = TA71f: 1 �9 6 f i 1 e s 7 e gyp. 2 AREA TO BE PLATTED -, a ']° 8 IY , +' `° "REPLAT OF HELLAND'S 20,06 Ic'\01D GSP�E lu 5• 1]'' NINTH ADDITION" ]p], Y aP I 1 � L y • U nG ° Z Q • 10 II _ 7 6 173.9] N G� F- !_' ^i 4 Ip _ _ 0 1 c, Q 2 !^ 1 2 14 13 °a m 1T 6o 1:000 •O ,20.00 2000 w 11 -tam' 420.00 11 CAROLINA AVENUE HCJO , S 60.03 60.01 60.0] fOD• wos 60.0T4W Dl c&oa 60D] 6001 606] w.o1 60D1w01 Iwo] so al 60 W O n6y HE LA D S SI TH A DIT 1 86 2 3 ei 4 mi 5 e, 6 w� 8 �i 9 10 „�! I ul 12 "_123 _' 14 ^ 15 ^116 �' 17 .°, °A ^ nu Z 0 , 21 ZZ. os 1 p 2 w.0] (60 D1 60D •I60LI Goa iwC 6003 :Go 1 .o* 1wA 6&01 160D3 I ^I _ � ^ 4 5 V `\ 3 I j 6aa !was °e °9F P KtVLH 1 Vi- HtLLHI PRELIMINARY F •, -_ r, dennles ealsNSq contour s n.ii fithIl existing soot elinalion j•1 -- oerotn proposed contour i • -.% lie denotes proposed garage floor elevos:on 1 - s ,•,v r ^' T��p O� / -.o,�� sT Oroinage and utility eosemems arc shown thus. 0 rie - - - - -, I .o � o• �� s y I 1 •✓ • '_tea ' \ ,\ Being c 6 tent in rinin unless feet in ewaoed, / •' e \ _� ,e aj Wing street lot Ines. Orld 10 feet 1n width arW p" ': �o � a\ �,�" Y '�- `• adjoining sneer ones. Tap T10Y�•. �• -` � 1:' -� Y in ,1 f o. San Y M. • Sm_ • //��.: 1: 1• O ]{ 1 �— Tae T230 nn .�° `• •'1- ...�I�- ._ In.. 6080 M. I =120.00 - -�F- • deneles iron monument found. nn e deM<s 112 inch dldmeler iron . o l0e set, 71i• o marked BT LiCeMe No 9626 3 1-0 _ .N !' l' T7 he east line of HELLGND'S NINTH ADOITION i�- is assumed to have a Dearing of North. *•' -4 14 ' eii_ if R 2.6 1 z o. - -7I - — na Tq 69 56 4 66 - Y1 1 1 - fV7l O ,y < a� A ' III T�g I Lea I zit: fro N 89.40• IF! "E � `Too 69 Too 6s se Tae ,d on O 25 50 10D nm) — -' •I — ' -' —T— "' TOP NUT OF HTO, SCOIe In feet I I EL =1072.05 � 1 q b. 1..• !� �-t-I I TOTAL AREA 57 113 SOU6RE IFFY IL]II ACRES) � I ,I+ r r•^ •• I I- -. n. I LOT 1 • 12508 SO. fT. i"TtC'a ir-� KtVLA I Ur HtLLA 11 • 1 O 25 50 100 Sc3L in feet • `_�' -- , '0 O o f� .. •� O ��6 Drainage and utility easentanis are snowntrus: N6 `2 •o - ---- - - -- --_y d O 0 rot__ I C � O.O I I .� t- •o \ y 1 I • N • o Being 61tet in width unless omenae lnd.crnd, and mpn+q lot tines; feet in / ^ pm - = i // •\ 0.`'Ne -z.1' and 10 width and adjoining street lines. P• _' d \VoJ _ N1�� i t* ;e _ 8 'D.� i ONO �. ..... m NN�o 2 m lmnr -120.00'` - -m" is denotes iron monument found. L __, East _ _ - - _e rot -��- e denotes 1/2 inch dwmcter iron o;De set, 3 o marked by License No 9626 120. 00 il! ..... s _a51 __,. 0- ;. The ease Tine W MELLaNO'S NINTH ADDITION - is assumed to hove a treating of North. •.. to J 81 = `0 L1. ..., �_ -� e s s 2 O i 120.00-4 ___- -East, -± L: 0 1 1 V r - -- -- Eost - - -' -mss .% I , r O 1 � _ J , .. 120.00 /.-- k• N 89.40'10"E L =- 1 O 25 50 100 Sc3L in feet 0 0 RESOLUTION NO. 10042 RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT KNOWN AS REPLAT OF HELLAND'S NINTH ADDITION WHEREAS, Wally Tischer, Tischer Homes Inc., has submitted an application for approval of a preliminary and final plat to be known as REPLAT OF HELLAND'S NINTH ADDITION of said subdivision in the manner required for platting of land under the Hutchinson Ordinance Code, and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinance of the City of Hutchinson and WHEREAS, said plat is situated upon the following described land in McLeod county, to -wit; Legal Description: Lots 1 - 5, Block 1, Helland's Ninth Addition or Lots 1 - 6, Block 1, Replat of Helland's Ninth Addition BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That said preliminary and final plat of REPLAT OF HELLAND'S NINTH ADDITION is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of Hutchinson and the laws of the State of Minnesota. BE IT FURTHER RESOLVED THAT such certification upon said plat by Mayor and Cit required, shall be conclusive showing of therewith by the subdivider and City officials above described and shall entitle such plat to forthwith without further formality. execution of the y Administrator, as proper compliance charged with duties be placed on record Adopted by the City Council this 24th day of August, 1993. ATTEST: Gary D. Plotz, City Administrator Paul L. Ackland Mayor 9-Ze7' C - -M E M 0 R A N D U M DATE: August 18, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF REZONING FROM C -4 to R -3 PROPERTY ON MICHIGAN ST. SUBMITTED BY PAUL BETKER Pursuant to Section 6.06, C4, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for rezoning. HISTORY On August 2, 1993, Paul Betker, submitted a request to rezone property from C -4 (Fringe Commercial District) to R -3 (Multiple Family Residence District) . A hearing was held at a regular meeting of the Planning Commission on Tuesday, August 17, 1993, there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, August 5, 1993. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request to rezone be denied. City Hall 37 Washington Avenue West (612) 587 -5151 Res ectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks fr Recreation 900 Harrington Street (612) 587 -2975 Y Police Department I0 Franklin Street South (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on mcycleApaper- as d9 i I I1 I 100 00 u 3 II 6 ^I-0 2 F ° ° I O 1 AREA TO BE REZONED 106 5o ' LINDY uz.o 4 DO. 115 .25 {0 LANE S o8 1 12 1 C3 oz 2 3 .•000a 3CLJ TC:J Q:! 2 5r].ao 10 u5 I HEIGHTS 4 9 Y" 3 N 1 Y NI ° /y i.5 1- 3 . Y.. J Qi 5 4 H i LLT� P �`� < 45 I u. 6 7 5 O r ° Jb o DRIVE ,] I S 75 .5 1 2 3 4 5 6_ 7 a r ' Z � N t..no Cl 'n °o 10 5 8 o: L 11 4 ° Cl — -- 12 �1 -- 3 C 13 r 2 0� I I- t� 14 a JJ 1 0 "' � EASI as d9 i I I1 I 100 00 u 3 II 6 ^I-0 2 F ° ° I O 1 AREA TO BE REZONED 106 5o ' LINDY uz.o 4 DO. 115 .25 {0 LANE S o8 1 12 1 C3 oz 2 3 .•000a 3CLJ TC:J Q:! 2 5r].ao 10 u5 I HEIGHTS 4 9 Y" 3 N 1 Y NI ° /y i.5 1- 3 . Y.. J Qi 5 4 H i LLT� P �`� < 45 I u. 6 7 5 O r ° Jb o DRIVE ,] I S 75 .5 1 2 3 4 5 6_ 7 a C TO: Hutchinson City Council FROM: Hutchinson Planning Commission lgust 18, 1993 SUBJECT: CONSIDERATION OF VARIANCE TO REDUCE SIDE YARD SETBACK LOCATED ON MICHIGAN ST REQUESTED BY PAUL BETKER Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a variance. HISTORY On August 2, 1993, Paul Betker submitted an application for a variance to reduce sideyard setback from 20' to 12' on both sides of the property located on Michigan St. A hearing was held at the regular meeting of the Planning Commission on Tuesday, August 17, 1993, at which time there was no one present objecting to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, August 5, 1993. _.. RECOMMENDATION It is the recommendation of the Planning Commission that the variance be denied. City Hall 37 Washington Avenue West (612) 587 -5151 Respectfully submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2241 f G, s f 9 -� 0 MI CHI GAN STREET. 2 0 0 593.50 • �T� n N lh y I�OPoSEO � IMPoSEO Q Q O ^ n i m � N n co /74r ac 593.50 I n f rn m e f N s f 9 -� C MEMORANDUM DATE: August 18, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A 7 PLEX ON MICHIGAN ST REQUESTED BY PAUL BETKER Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY . On August 2, 1993, Paul Betker, submitted an application for a conditional use permit to construct a seven plex located on Michigan St. A public hearing was held at the regular ` meeting of the Planning Commission on Tuesday, August 17, 1993, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, August 5, 1993. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be denied. . City Hall 37 Washington Avenue West (612) 587 -5151 Ress%pectf�ully� submitted, Clint Gruett, Chairman Hutchinson Planning Commission Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - Police Department 10 Franklin Street South (612) 587 -2242 �— i TO: Hutchinson City Council FROM: Hutchinson Plannine Commission DATE: August 18, 1993 SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CITY STAFF TO PLACE 1400 CU. YD. OF FILL FOR BERM LOCATED AT TARTAN PARK Pursuant to Section 6.07, of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On July 29, 1993, City Staff, submitted an application for a conditional use permit place approximately 1400 cu. yd. of fill in the flood fringe for construction of berm located at Tartan Park. A public hearing was held at the regular meeting of the Planning Commission on Tuesday, August 17, 1993, at which time there was no one present who objected to the request. FINDINGS OF FACT 1. The required application was submitted and the appropriate fee paid. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Thursday, August 5, 1993. 3. The proposal is in conformance with the requirements of a conditional use permit. RECOMMENDATION It is the recommendation of the Planning Commission that the aforementioned request for a conditional use permit be granted based on the findings set forth above subject to Barr Engineering verifying impact of zero on the surrounding properties and homes. City Hall 37 Washington Avenue West (612) 587 -5151 =FWpectfully submitted,, ; y Clint Gruett, Chairman Hutchinson Planning Commission Parks £s Recreation Police Department 900 Harrington Street 10 Franklin Street South (612) 587 -2975 (612) 587 -1242 Hutchinson, Minnesota 55350 - Printed on recycled payer - _T' 3: l dashinston Avenue 1Vest (612) 587 -5151 July 28, 1993 Jan Schwalbe Army Corps of Engineers - St. Paul District 180 East Kellogg Boulevard Room 1421 St. Paul, Minnesota 55101 -1479 RE: Tartan Park Baseball Field Birm Dear Hs. Schwalbe: r :- Hutchinson, Minnesota 5535( As noted in our telephone conversation of July 28, 1993, the City is proposing to build a 2.5' - 3' birm, with approximately 1,000 to 1,400 CY of material, around the above referenced baseball field to limit flooding to large event storms. The baseball field has been in place for about 30 years. There are no wetlands in the area proposed to be effected by the birm, as noted on the attached drawing. A HEC -2 modification was completed by Suzanne Jiwani of Barr Engineering which included the proposed birm. The study indicated no effect on water levels, and no encroachment into the floodway zone. Hy understanding from you is that a Corps of Engineers permit will not be required under these circumstances. We will be obtaining a conditional use permit for the fill, as required by the Shoreland Ordinance'. 'We b ave also been in - - - contact with the Minnesota Department of Natural Resources, and have been informed that this should be the only requirement. Please let me know if there is anything else that we need to do. Thank you for your time and consideration. Sincerely, John P. Rodeberg, P.E. Director of Engineering attachment cc, Gary Plotz - City Administrator Dolf Moon - Director of Parks & Rec. /Community Education Barr Engineering, ATTN: Suzanne Jiwani HnDNR /Spicer, ATTN: Skip Wright HnDNR /St. Paul, ATTN: Jim Solstad file: Tartan Park �-T 0 DEPARTMENT OF THE ARMY ST PNA OISTR= COPP'S OF ENG NUMS NO E. KELLOGG MO. ROOM S4M Sr PAUL MMNESOM 66M." July 30, 1993 RERy TO A"ENTq OF Construction - Operations Regulatory (93- 05803- NP -JMS) City of Hutchinson Mr. John P. Rodeberg 37 Washington Avenue West Hutchinson, Minnesota 55350 Dear Mr. Rodeberg: we have reviewed the information provided us about your project to construct a berm three feet high around Tarten Park Baseball Field in the Crow River Floodplain. The project site is located in the SE 1/4 Sec. 6, T. 116N., R. 29W., McLeod County, Minnesota. The work proposed at the location stated is not within the regulatory jurisdiction of the Corps of Engineers. No work will be done in a navigable water of the United States, and no dredged or fill material will be placed in any water of the United States, including wetlands. Therefore, a Department of the Army permit is not required to do this work. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in vicilation of Federal law.. - ?LEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE -NEED FOR "STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY. If you have any questions, contact Jan Schwalbe in our St. Paul office at (612) 220 -0366. Sincerely, "� '4. a-4- en opat h' f Branch Construction - Operations Division 0 Cc. ��u �fl?, ��i .... r a�PfMC_r •RaGOTews ,�� 1 g rL _ _- ��.da -�.,/ P_`� w rt" aMe - i P _ JAA PE PAA .,•. �.� ;�. i IEMFd �MCdpEMG k.� d x.�� a*. - * "PEMAc =' - f; _' ��'_ p�'.. 11 %1• ".pE MAr tEMAd -4- VEJAC P IF 116 M '=y .a -� —i :,, �.. � �•: � PE MCa ePur A ' — 1 e,,.1:_a bt 5::_ �x `-- `_r,._ '_' 5_ v0c, --, p1 Ya Cant. /. WBC QEMCd MAS ' . - R Is PEmCd Jr mcd 5 -/ 3: 8 -PENAd - p 44`5730' 94`22'30' 9. 'S3 V >'j `,: .�.. I9;GG0: FEE: 2C' a•: NEW ULM NE GLENCOE SCALE 124000 0 1 resE )aM 0 1000 7000 3000 4000 5000 Eo00 !000 rEEr 7 S 0 1 a1lDMETErr ! acre ❑ 10 acres F120 acres ACREAGE GUIDE Other information including a narrative report concerning the wetland resources depicted on this document may be available. For information, contact: Regional Director (ARDE) Region 111 SPECIAL NOTE This document was prepared primarily W analysis of high altitude aerial photographs A identified on the photographs based on vepe' hydrology, and geography in accordance wit - tion of Wetlands and D"Pwater Habitats c States IFWS /OBS - 79/31 Dezember 1979 photographf typipattY 7�aec1 pWrditiAm,durin.. year and season when they were taken. Ina is a margin of error inherem in the use photographs. Thus. a detailed on the ground analysis of a single site may result in a re wetland boundaries latabllhed through interpretation. In addition, some ar obscured by dense torest oover rube this document. Federal. State and local r ses lion over wetlands may de x v different manner than that •en, no attempt, in either the d ns c tory, to define the limits c T .rise Federal, State or local g , o e geographical scope of the yam rear• pro -,r -c Persons it Jac. i i RESOLUTION NO. 10043 RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO PLACE 1400 CU. YD. OF FILL FOR BERM LOCATED AT TARTAN PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. City Staff has made application to the City Council for a Conditional Use Permit under Section 6.07 of Zoning Ordinance No. 464 to allow them to place 1400 cu. yd. of fill for a berm located at Tartan Park, with the following legal description: Legal Description: Lots 5, 6, 7 and 8, Block 19 and all of Block 20 (Ball Park) South 1/2 City and All of Block 40, South 1/2 of City (Baseball Park) and Lots 4, 5, 6, 7, and 8, Block 41, South 1/2 City (Baseball Park) and Lots 8 thru 10 and Lots 4 and 5 except East 66' in Block 42 and all of Block 43, South 1/2 City (Disposal Plant) 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION The application for Conditional Use Permit for the purpose designated is granted based on the findings set forth above. Adopted by the City Council this 24th day of August, 1993. ATTEST: Gary D. Plotz City Administrator Paul L. Ackland V— -T, Mayor • ry - - -M - :E -M G--R -A- N = D U M DATE: August 18, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT OF MAC'S 2ND SUBDIVISION SUBMITTED BY ROXANNE KOKESH, ACOMA TWP, 2 MILE RADIUS The Planning Commission recommends approval of the request with no objection. r City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612} 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 -Printed on rec Y c(ed P n P� - r /usus 71 I INSHP 117 NORTH CODE- I '6ANGE 30 WEST Y[[K[R CO. Q� � � � � � � � � � � � � � 0.w ■ :ARV BALLARD i r • Tam , ` 00.01 0.4 w 1>rtf • . 1 'Aft ![LL[ LAKE �l l . CEDAR 1 11 V1•• a •�• _ LQA R • / •I MONO [ RaN 1: R a A SMA'N j T 0.o nas 41 Nip / r c 0 c ,0114 Goo= A- •lwwC 0. A oofEy a F � �. a • V� )iMIM1 C.3 �' • [ ,Fyrl[(r ��WIIYY w sl.• u.' IN MILLS ( ••! � • U• !� �„R d EM ' EM Don • .� bl>� tDNE I y; L. •, DELMER -SOOR B s>W - 0.E 0.r J IT WALTER r ' T NAa] WIN DNB YFy Ysy .b• _ DiaQe _ _ i J _ LUEDAC _ Mail lHrw ;-t iI T VY•NN �' A eT is �* •-T •R[0. M421 l., r 79, r• rlrl AN \ •��A I 1„T f e r .H • �•w w ]STEVE, HOFF FOW II B.7B /�� Rath ' Y V0. /\ • w,mw"' fw I ! ` >ttiyf aa•I/ away 0.w I WA Tl.A• / iF.aya IE.t ih \�. B lwsL� n E !I I I I� 1 - wrew 0•yi \fRENOf' Orut I TfGRELLy LA[E `lp TTa a[, i �E� luu ftnvm ,yiTT 7EWa CK Ll ry s0.. -aol- . si.N -• �. ANOMILS TV VNE ST USCM 0..a -• ] �C .. �BUSa]° w N c ITT, m• A b ° 0.L- Auq 1' , MHMf If LI p I (D I W M I ® "°"• (FRED It TENS r o a[ FF "t 1 L RICHARD �l3EMIN Fs B I�nier �'" _FP WAAGE 0.H +R, r - ME „ RL[p IS a- Ir ayf ET= s A i DUN{ AcaoEMT Raw Q) - as t I CLAR - I ELD Y • •a• l �_ ' N• W IM a•• E 0 EW j r AAA !o•. ' c sit S �: . z+.m • a W �t- EVAN! • '� M• j ® .0.9 NS � m ]f u R ba.so. Q"FIllfLL• wRUR I•r�® T[W�S ` , t : FER 8. RI[ (('',''����2UM= ! SHERWOOb ♦ OLEMN (FERN B. AMA"PZ s RUMMER a � - IIDIF • EWS COD •• EBEIT- A i 104A CS RADUMZ • E fjLL ,,,1 •,K• i •�HOE�Mlf1/ ,Rw- Aeve ?YAAT AM N • w A FAT E DETT N y WARN[E •fan EONA • •.•�. EST 2 a■ww a BQb 7ae•r r s•R .�IB70R JCS �w..m .. z LFRED L. ( �ARVILLA AROLD MYFq aFRGHUI! D"M B ELFA�m WAGE T! ARRT /FARO w0 ]EVIE 1 OEORR��.E p DELBERT • • ,,, m �� J t eEATNICE WRT BF/JAMlb � O� luF LIDA ••••i. 1 w rw L MY- VJ CNAFMYI till , 1 f M L d J [w[ a wHar• T wwR 0.r ,rwl J STEVEN DELMER STURGES STA S R HANN �• W f r lRao DALE N ll EDTR[ rw,E 44 •/ • i ll X210 RUS04 ERR HANN AAA, A&., )ay �OM f _ - R_ I0. Him • 1 Ma • - OR 1 1 .Re 0.1100 I I 1 TOV • 067P . 1- Ml �• 1] �'O' I . FITAIL L \• • T As Vl MILTON F B I [TK 3 °"`" NOR HANSON CHANTZCN GLKorr •IC[RpV �TWN �• 7O6 150 1 202! ADRET , :'. .wna+ \ Jot s lae[Rr B GLGRIA IAO /o1F•aON Idly a \ sAHL \\ Q =,t I•D • 15450 •w n 1 124 , ( r y1 '� •E r OEBOIAH. ' JEFFREr -Q[T LEONARD ERASER tERRT p CEW R 1ll� TEME! �I O GERTIqLAX sB O .MaRL7N ORYSYOlIf H1A TRUD• I I� 1 �DONA \ \ ,, L ur rr •n 0000 l�rtrt . CNDDRFF 7"1 i I II I �i l o ^�I o¢ , v - �z I w� z 0 r nI I • Nnole, non monument louno. • Denote, V2 inch Mon von pipe set• mor,eo by L¢ense No 9626 r MAC SECO1 \ \ \ Dru.nape ona uhotT ,lumen, ere morn arts, \' \ \ \/ N89 °52'28 "E 503.70 \ \ ` `• " ` \ wams M easements are ` ♦\ ��'? •'t:t.. stssrn on the ntap \ e • \ I \ �' \ 503_70 � '•''• ` ;:: Ft; 9 \-P 0 Sc 100 200 scope ❑ feet - - -__ -- \ 1500 ' N89°52'28'E 503.70 �cz Tne sour tme of Mac S.M. is ossuaNO to rwe a Marna of N89. 32'2B" E C M E M- O- RANDUM DATE: August 18, 1993 TO: Hutchinson City Council FROM: Hutchinson.Planning Commission SUBJECT: CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS REQUESTED BY LARRY MCKIMM, HASSAN VALLEY TWP, 2 MILE RADIUS The Planning Commission recommends approval of the request with no objection. • City Hall 37 Washington Avenue West (612) 587 -5151 Parks b Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper- Police Department 10 Franklin Street South (612) 587 -2242 N IN IIM LI NE J/4 0 $M. 7, T N6 N , A. 29 w N ... \ -215. 37{,( j % /... 3 NNI [wnw 01 Se[ T \ ,3 fepow CERTIFICATE OF SURVEY for MCKIMM MILK TRANSIT, INC. LOT I OF THE ALIOITOR'S.PLAT OF SECTION 7, TOWNSHIP 116 NORTH, RANGE 29 WEST. TOTAL AREA • 9.63 ACRES AREA NORTHEAST OF HIGHWAY R/W • 6.19 ACRES • dMIlea i. nKn 11 IOJW • aeroeef irw mOnLmem aeI I V2 .K0 eiam ov, ven O� W I 10em0, MNilf, "I I6.5 ft-I., was wepOrye 01 .IN 01 sneer m7 4K1 WW.ifp0 0rq eme 1 Om 0 001, LiCenNO Lw Swferyr rIM b�f M Ine SI0.1 01 M~9M. v. ia�- P e.- winve Am,m., L..nw Ne 9626 OUOeer 6. 1992 r` - 671.76- 4 r �_6 Or'44 eL, I e'L e N 0 S0i;;n_wQ male in feet .�'b 'V @OO• y. b bi' 4 NE cernw of Sec.7 -� -_ 536.09 ._.../ 7� 4� e • s EWe cwmr a See. a t a N 2 n 0) N _ b � I Jf 0 W L� r MEM0RANDU -M DATE: August 19, 1993 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF SKETCH SUBMITTED BY FRANK FAY ON WILLIS MILLER PROPERTY IN HUTCHINSON TWP, 2 MILE RADIUS The planning commission recommends denial of the request due to conflicting recommendations by county and township. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Hutchinson, Minnesota 55350 -Printed on recycled paper. r Police Department 10 Franklin Street South (612) 587 -1242 9.4 f HUTCHINSON MVVWHP 17 NORTH CAGE -8 RANGE 29 WEST MEEKER a" I••'•• Vim. -: »ia- >r.aa -. »:n wFq ya ,a��•,ary aao .u� r CO. .aMi W iER J raMN ». . •..I Kaa 1.a•a •y [ ( • •, tOY13 I l =� f° 6QfCy reef�E • n •.. �A • 1 �w RON4o .. cy 1. Olufp'.'F NeT O • a mI l _B C.R1E • cNOEN) •J EK Tl]t n .w m16 RlD< 1000 a(p ; 4,�n •f Y.e•f aNa +[1.aaxw� s LAKE [ • K R.pk • w awfa .Jal ."Mo., •�p�a.py� .�. UNIT" Ol•' -.�._r'- aRREIc i ��1 Sa -. „•nuy W . DOTR iCIaEJ{ • r.m l�la r11 WE" iOf Art 4¢ IN • LD • (ate• n .or I • LILAS ® C • ,� �� W 7<16711aS]67 l„J Y N W• s� -nw , �KarTt fusr EYlll f Lj w • sR �� ri • O • .b • [ 9l.KE `� a .n Nb -. C a... a .•a • • .q t m x,00 LTCR • •.» ... -. .00N ri A.• TMe1� i ]LaEp K.R r. • �p W.= n lE a n � l► FROENa�we L! ( LAKE �! EEXIYM R 16Y• A• .>w1 • ..i - 61 1 TOl ETYK aR .v.L4.Cr•. '�>•Y4 - - 0- - ! . I oo- . .• 7 J. py .. 1 afa..rt Lu 3 JAM DYKE Iaa a J • .•i•[• l iut•'rt.Yra "LAX f Q •aw AKE - •.. aG uww.o aaa R t. �2Q KLIMA JOIN • rtl � JANE, D ® �p I I` 'L.MTZ ER KENNETN R a�f � 1 0 R E. REi' T T minL N . ,Id rz .•� tll • � - _�,KZ, Klan - - •«„ - -'- _. •� -- .. o -- _ - - •NKLN O. LE" LVENl -- - �j y'�itt JYN t � � 3 IIL. • � it • ii..l �a�i• -. n[ Y . RTN LL .�aai M Ara .4 4 TIM• a a1JRENE ♦ .<t t ERe[RT Nglt YK •• L.•[C »KK T.a• 111E � • KLTEN mm h..•er rI.RCLO • °. ei ® •T • • . PDGMM �i.W t¢xx RUfN FRLEp, N * NCL • i '—tlb- Jr _ p Sam •MrNO � • a a Lo a�n ® IMO[ rYM)M wa.•. s 1• .OaY[t REFEtip o O . 1 116 ' • A !O!t �� v !l . . ICE • N • rR•Ytq .tER h "• rtw C ♦ E114 � - i •, KLYER. • tYW -� ••• • i{It1• Y OM a • YIT =•. ♦ IYii E I M <aK y ♦ p TN 1 WOEI! a J. - J 'a CK 1112 3 1 rt A wrt0 �'iZ s C-Ve 000 t)b �. '. Y•r UORflYI `• MeM 6 cayEMT f) ♦.. .♦ N JOgA ® 11L Ka= •.o t' it 1 .. KEM ` .•y_J. v�.• ♦•..PION m er ( KE •T! wRVELLi l •` ILL.. I • RT ,• •• . K3 as mD ROT • NUWAOB a� •. • I.ICn EYf M t.l[TOa „ IC �N1160„ I1. 1 !T • EMN t % •. p a 6 K � • ImRKTM • • I• Rry ER . Il F ® OSIO • T•l® « MA TIME YYlpl M[• I ! ER J • �QIY• V TT Ma37AY MILET • } 1 MGE •i n1► I I I I � b2 � ^ao N , I Weal /in �O .- a e/ SWI /� o/ Sri. 33, TI17, qt9 ` i • •i b m O i Z s � F Ilk a i= a� to 4 u• 1 0 M G 3 ' 0 0 a: a 3- 1s� N, C M -E M0RA.N.PUM, DATE: August 18, 1993 TO: Hutchinson City Council FROM: Hutchinson .Planning Commission SUBJECT: CONSIDERATION OF FINAL PLAT OF KOELLN'S SUBDIVISION SUBMITTED BY GERALD KOELLN, HUTCHINSON TWP, 2 MILE RADIUS The planning commission has no objection to the request. i City Hall Parks & Recreation 37 Washington Avenue West 900 Harrington Street (612) 587 -5151 (612) 587 -2975 Hutchinson, Minnesota 55350 - Printed on recycled paper - r Police Department I0 Franklin Street South (612) 587 -2242 a 3 u a S V i HUTCHINSON TOWNSHR 67 NORTH COOE -2 RANGE 29 WEST MaKrR T".. i I I I I I I SMALL TEA tt-OwNEES�' - - Yc iYl ate. <�a r iY(r :..•• m s ..r o- +I <i. t +.cr e.r• .cwl 1 b G ��� .1 4 I • ,aa ' • J li IY T".. i I I I I I I O denotes bon mdn ent found 1 0 denotes v_ imn diom iron Groe set �arleedd 1, License No. 9626. p {/ Meonde, Cor No. 16 Cast iron monumenr I KOELLN'S The west line of Gov't Lot 2 is assumed to hove a bearing of N 0- 29'47' E N 95 S89 °30 '13•E 347. 97_ _ / _ '° `.` a3�, _ a •; �' 7:=., • 'r= S,SS. I o 02 / 4 \4 o F 0 50 100 I -,a \ 6,/3 stole in err m 31 ro \ \ 1p 1 I 2 phi rv�l Ir \ f.1 \ aml = la \4r M � n BL CK 1 \ Q , ts. 1-02'25 :— Ip_3."1_05' 524.83 61.0 NO . 7 4 RO Q 5.. '20 0 k— Z 585.02 R. 28969" 7B za / •t r �& 71 _zt-- 95 S89 °30 '13•E 347. 97_ _ / _ '° `.` a3�, _ a •; �' 7:=., • 'r= 0 F---j L--.j August 20, 1993 TO: MAYOR do CITY COUNCIL FROM: HEN MERRILL FINANCE DIRECTOR SUBJECT: TRUTH IN TAXATION HEARING The City must select a date for a truth in taxation hearing. Dates from Ed Ide, McLeod County Auditor, which have already been selected are shown on the attached memo. By State Statute we must hold the hearing between November 29 and December 20. 1993. We cannot conflict with McLeod County's December 14 and December 20, nor with School District 423 November 30 and December 7 hearing dates. We must hold two hearing this year for compliance with TRUTH IN TAXATION. The first hearing is to received citizen input and given specific information only. The second date is necessary and only at this second meeting can the budgets for 1994 and final tax levy be adopted. City Hall 37 Washington Avenue West (612) 587 -5151 Parks & Recreation 900 Harrington Street (612) 587 -2975 Police Department 10 Franklin Street South (612) 587 -2242 Hutchinson, Minnesota 55350 - % - Printed on recycled paper - v Edward Ide County Auditor .august 18, 1993 To: All City Clerks i 830 11 th Street East Glencoe, Minnesota 55336 -2270 Phone (612) 8645551 FAX (612) 8643410 Re: Truth in Taxation Provisions for Payable 1994 Taxes AUG1993 RECENW In accordance with guidelines established by the - Minnesota Department of Revenue, I hereby certify to your city the times and dates for the COUNTY AND SCHOOL DISTRICTS LEVY PUBLIC HEARINGS to be as follows: TAXING ENTITY School District 421 School District 422 School D_ is t ct 424 School District 425 School District 426 School District 427 School District 465 School District 735 INITIAL HEARING P.M. DATE TIME P. M. Dec 6 7:00 P.M. Dec 2 7:00 P.M. Dec Dec 15 7:30 P.M. Dec 6 8:00 P.M. Dec 8 5:30 P.M. Dec 9 the C HEARING. Nov 22 7:00 P.M. Dec 2 7:30 P.M. .latuan1 oiace of your C111-3 LEVI' PU should then certify this information to my —o RECONVENED HEARING DATE TIME Dec 13 7:00 P.M. Dec 7:00 P. M. W Dec 13 7:30 P.M. Dec 13 8:00 P.M. Dec 15 7:00 P.M. Dec 16 Dec 13 7:00 P.M. Dec 9 7:30 P.M. Yuncil should set the C HEARING. Your city ce as soon as possible. Res�p�ecctfuull/Jy, � Edward Ide, McLeod County Auditor McLeod County j,; an EOual Cuoonunny Emnlnyer /AU..maiive AC!ror i i ?-,4/1 �J hutchinson community hospital — 1095 Highway 15 South, Hutchinson, Minnesota 55350 • Telephone 61 215 87 -21 48 August 19, 1993 The Honorable Mayor Paul Ackland and City Council Members Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 Dear Mayor Ackland and City Council Members: The board of directors of Hutchinson City council /Burns Manor Nursing Home, as part of their regular meeting on August 17, considered several items of business that require City Council approval to proceed. The first item for your consideration is the necessary purchase of a replacement teleradiology unit for the radiology department. The following is an excerpt from that evening's meeting minutes and reflects the board's discussion on this subject: Teleradiologv Purchase. The board discussed a proposal for purchase of a teleradiology unit that will allow the hospital's radiology staff to transmit images to a consulting radiologist group in Minneapolis and other remote sites for interpretation. The current unit can no longer function • because of quality issues raised by the radiologists. Quality of care and expediency of diagnosis will be the benefit; estimated expense will be $32,800. There would be a savings to the patient when they don't need to be hospitalized; alternately, the patient might need to be hospitalized if /a the test indicates. This was seen as a cost avoidance issue. The ,q ff purchase will be funded through operations at this time, although it may be bundled later with other capitals and financed with equipment notes if needed. Following discussion: Motion was made by Torgerson, second by Slanga, to recommend to the City Council purchase of a teleradiology unit in the amount of $32,800. All were in favor. Motion carried." The next item for your consideration is an additional expenditure for the Burns Manor remodeling project that was initially approved earlier this year. The following is an excerpt from that evening's meeting minutes and reflects the board's discussion on this subject: "Burns Manor Remodeling Project. The board was informed that the first set of plans for the Burns Manor remodeling project were incomplete mechanically and have led to some difficulties in the project. Additions needed are a one -hour window in corridor /visible link operation); electrical changes including smoke detectors, routing of telephone, computer and other conduits to the tunnels; furred walls and wall patch; mechanical changes excluding wall and ceiling patch; wall and ceiling demo and patch for three mechanical openings; and a 25 -ton air conditioning system including electrical hook -up, designed drawings and concrete base, for a project total of $41,320. • When the scope of the project changes, the general conditions also will change. The general contractor extended general conditions to 10 weeks at a cost of $4,792.00. Additional changes including exit lights at a door, one additional hallway fixture, and new wiring were not included in the original project but are needed. Additional cabinetry was also requested. .T i Honorable Mayor Paul Ackland and City Council Members August 19, 1993 . Page Two Demolition modifications to rooms, additional drywall and plaster, and shower accessory for extended care room were added as well. A curtain track, wall painting and patching, and modification and addition of a door and hardware brought the project total to roughly $122,000. Following discussion: Motion was made by Torgerson, seconded by Slanga, to request approval from the City Council to proceed with the approximate $122,000 project as presented. All were in favor. Motion carried." The third and last item to be brought to your attention is a request for purchase of ten personal computers. The following is an excerpt from that evening's meeting minutes and reflects the board's discussion on this subject: "Personal Computer Purchase. The board heard an update on the computer network from .john Curtiss, computer consultant. Karen Malmsten, Director of Finance, then proposed purchase of ten additional personal computers (PCs) for staff use. Malmsten relayed that the focus has been to upgrade secretarial staff throughout the building to allow access to resources. Some new units will go to existing users and older units will go to casual or not -that - great- a -need users. Total expenditure per PC with monitor is $2216 per unit including cards, memory and disk space requirements. Depreciable life has been estimated at five years. By the end of that time period, we may have to upgrade some of these users again, and these units will be redeployed. Efficiency to computer users was estimated to be one hour to one - and - one - quarter hour per week. Net present value and payback were discussed. • Slanga asked how many more PCs are needed to get to the desired level of computerization that will allow the hospital /home to survive in the future. .Malmsten responded that it will take a large capital investment. The healthcare industry spends 1.5% on data systems, where banks spend 7 %. She estimated the healthcare industry will need to spend three times what they do now to remain competitive. We will plan for some major information system expansions for next three -to -five years to get to where we need to be. Following discussion: Motion as made by Mills, seconded by Slanga, to seek City Council approval for purchase of ten personal computers as presented. All were in favor. Motion carried." Thank you, in advance, for your consideration of this request. I will be available at your next meeting to answer any questions you may have regarding this information. Sincerely, CHINSON COMMUN Y H S ITAL/ BU NOR NURS N H e G� Philip G. raves Chief E c tive Officer PGG:lh • • HUTCHINSON COMMUNITY HOSPITALZBURNS MANOR NURSING HOME PROPOSED ACQUISITION OF AN ICON MEDICAL SYSTEM TELERADIOLOGY UNIT PURPOSE: TO REPLACE EXISTING AND OUTDATED TELERADIOLOGY SYSTEM. TO IMPROVE QUALITY AND EFFICIENCY OF TELECOMMUNICATING IMAGES TO CONSULTING RADIOLOGIST GROUP IN MINNEAPOLIS AND OTHER REMOTE SITES. SUMMARY OF PROJECT: THE PURCHASE CONSISTS OF MACINTOSH COMPUTER, CHARGE COUPLE DEVICE UNIT, FILM UNIT, 4 VIDEO ACQUISITION CHANNELS, MODEM, 3 REMOTE ACQUISITION SWITCHES AND SOFTWARE. THE UNIT SENDS RADIOGRAPHIC IMAGES FROM EITHER FILM OR DIRECT VIDEO CAPTURE(CAT SCAN AND ULTRASOUND). THE UNIT CAN STORE IMAGES FOR FUTURE TRANSMISSION. THE UNIT IS ALSO CAPABLE OF RECEIVING IMAGES. THE PROPOSED SYSTEM HAS 8 TIMES THE RESOLUTION OF THE EXISTING UNIT FOR FILM IMAGES. THE EXISTING UNIT IS NOT MEETING PHYSICIAN AND DEPARTMENT NEEDS. SAVINGS: THE EQUIPMENT WILL HAVE MINIMAL DEPARTMENT STAFF SAVINGS AS LESS RE TRANSMISSION IS NECESSARY. ADDITIONALLY, CAT SCAN AND ULTRASOUND • IMAGES DO NOT NEED TO BE PROCESSED TO FILM BEFORE TRANSMISSION. ALTERNATIVE PLANS: THERE ARE NO ALTERNATIVES TO REPLACEMENT OF EXISTING UNIT AT THIS TIME DUE TO THE QUALITY ISSUES RAISED BY THE RADIOLOGISTS. STRATEGIC PLAN: TECHNOLOGY FITS CURRENT NETWORK PC STRATEGY AND WILL BE COMPATIBLE WITH OTHER SYSTEMS. RECOMMENDATION AND RATIONALE: PURCHASE AND INSTALL AS SOON AS POSSIBLE. • HUTCHINSON COMMUNITY HOSPITAL /BURNS MANOR NURSING HOME PROPOSED PURCHASE OF ICON MEDICAL SYSTEMS TELERADIOLOGY UNIT TOTAL PURCHASE CAPITAL COST: MACINTOSH CENTRESS 650 PC $32,000 4 VIDEO INPUTS CCD SCANNER INSTALLATION COSTS $800 TOTAL $32,800 DEPRECIABLE LIFE 5 YEARS SOURCE OF FINANCING OPERATIONS DATE OF FIRST USE NOV 93 INCREMENTAL SAVINGS (EXPENSE) YEAR 1 ($1,855) YEAR 2 - 5 ($5,055) ANNUAL CASH FLOW YEAR L $4,545 YEAR 2 - 5 $1,345 INVESTMENT ($32,800) DISCOUNTED PRESENT VALUE OF CASH FLOWS $7,291 NET PRESENT VALUE @ 15 8: ($25,509) INTERNAL RATE OF RETURN: -34.28 PAYPACK PERIOD: -- 0 LA 0 ANALYSIS - REVENUES EXPENSES PRODUCTIVITY SAVINGS TRANSMISSIONS PER WEEK AVERAGE HOURLY RATE AVERAGE THE SAVINGS FILM 66% MAINTENANCE DEPRECIATION TOTAL EXPENSES NET INCREMENTAL INCOME (EXPENSE) CASH FLOW CAPITAL PURCHASE YEAR 0 - - - -- YEAR -1 -___- YEAR -2 _---- YEAR -3 4' 5 ($5,055) $0 ----------- ---------- $0 ----------- $0 - - -- -YEAR - $0 ----------- - __YEAR - -- $0 ----------- $6,400 ($1,456) ($1,456) ($1,456) ($1,456) ($1,456) 6 ----- --- --- ------- ---- OPERATIONS ----- -- ---- -- $4,545 -- ---- - - - -- ----- $14.00 $1,345 ----- - - ---- $1,345 - -------- -- $1,345 ----------- NET CASH FLOW ($32,800) 20 MIN $1,345 $1,345 $1,345 $15 ($3,089) ($3,089) ($3,089) ($3,089) ($3,089) INTERNAL RATE OF RETURN $0 $3,200 $3,200 $3,200 $3,200 $6,400 ---- -- - - - -- - $6,400 ---- - - ---- ----- $6,400 - - ---- $6,400 ------- -- -- $6,400 $1,855 $5,055 $5,055 $5,055 -- ---- --- -- $54OS5 '-. ----------- --- ($1,855) -------- ----------- ($5,055) ($5,055) - ($5,055) ($5,055) ($32,800) NET INCREMENTAL INCOME ($1,855) ($5,055) ($5,055) ($5,055) ($5,055) ADD BACK DEPRECIATION - ---- $6,400 -- - - ---- -- $6,400 $6,400 $6,400 $6,400 NET INCREMENTAL INCOME FROM -- ----- -- --- ----- --- ----- --- --- ------- ---- OPERATIONS ----- -- ---- -- $4,545 -- ---- - - - -- ----- $1,345 ---- --- $1,345 ----- - - ---- $1,345 - -------- -- $1,345 ----------- NET CASH FLOW ($32,800) $4,545 $1,345 $1,345 $1,345 $1,345 INTERNAL RATE OF RETURN -34.28 NET PRESENT VALUE 0 15 % ($25,509) PAYBACK PERIOD -- YEARS 0 • HUTCHINSON COMMUNITY HOSPITAL/BURNS MANOR NURSING HOME PROPOSED PURCHASE OF 10 PERSONAL COMPUTERS PURPOSE: TO IMPROVE PRODUCTIVITY AND USE OF INFORMATION BY SUPPORT STAFF BY PROVIDING UPDATED SOFTWARE AND HARDWARE. SUMMARY OF PROJECT: THIS PROJECT CALLS FOR THE ADDITION OF 10 PERSONAL COMPUTERS WITH WINDOW AND NETWORK CAPABILITY TO BE DISTRIBUTED TO A VARIETY OF USERS THROUGHOUT THE HOSPITAL. MOST RECIPIENTS ARE BEING UPGRADED FROM OLDER COMPUTERS. THESE USERS ARE CURRENTLY EXPERIENCING STORAGE AND PROCESSING LIMITATIONS ON THEIR EXISTING EQUIPMENT. ADDITIONALLY, THERE ARE USERS REQUIRING THE HIGHER TECHNOLOGY TO OPERATE NEW SOFTWARE. THE PROPOSED RECIPIENTS ARE: PERSONNEL (NEW POSITION) OCCUPATIONAL HEALTH (NEW POSITION) SECRETARIAL STAFF (ALL UPGRADES) NURSING ADMINISTRATION PERSONNEL HEALTH EDUCATION AND RESOURCE CENTER DATA ANALYST (UPGRADE) QUALITY IMPROVEMENT(2 UPGRADED, 1 NEW) . SAVINGS: A 3 % EFFICIENCY OR E�(PANDED CAPABILITY PER PERSON IS EXPECTED FROM USERS. THIS WILL NOT BE REALIZED AS COST REDUCTIONS BUT AS DEFERRAL OF STAFF ADDITIONS. THE EFFICIENCIES WILL COME IN SHARED PRINTERS, DATA FILES, IMPROVED CHARTING AND PRESENTATION TOOLS AVAILABLE TO MORE USERS, AND LESS DUPLICATED INPUT BETWEEN SOFTWARE PROGRAMS. ALTERNATIVE PLANS: THE ALTERNATIVE AT THIS TIME IS TO MAKE NO PURCHASES. OR PURCHASE ONE AT A TIME AS DESPERATELY NEEDED. STRATEGIC PLAN: THIS ACQUISITION IS CONSISTENT WITH THE ORGANIZATION'S INFORMATION SYSTEMS STRATEGIC PLAN AS IT PROMOTES INTEGRATION, FILE AND RESOURCE SHARING AND OUR OBJECTIVE OF REDUCING DUPLICATION AND REWORK. RECOMMENDATION AND RATIONALE: PURCHASE 10 PERSONAL COMPUTERS AND SOFTWARE. • HUTCHINSON COMMUNITY HOSPITAL /BURNS MANOR NURSING HOME PROPOSED PURCHASE OF 10 PERSONAL COMPUTERS FOR VARIOUS USERS TOTAL PER UNIT PURCHASE ----------- ----------- CAPITAL COST: 10 PC•S WITH MONITOR $2,216.33 $22,163 10 MICROSOFT OFFICE SOFTWARE $489.00 $4,890 (WORD, EXCEL AND POWERPOINT) - - TOTAL $2,705.33 $27,053.30 DEPRECIABLE LIFE 5 YEARS SOURCE OF FINANCING OPERATIONS DATE OF FIRST USE AUG -SEPT 93 INCREMENTAL SAVINGS (EXPENSE) YEAR 1 $2,482.09 YEAR 2 - 5 $2,313.01 ANNUAL CASH FLOW YEAR 1 $7,893 YEAR 2 - 5 $7,724 INVESTMENT ($27,053) DISCOUNTED PRESENT VALUE OF CASH FLOWS $26,038 NET PRESENT VALUE @ 15 $: ($1,015) INTERNAL RATE OF RETURN: 13.4% PAYPACR PERIOD: 3.5 YEARS El r1 LJ E 0 0 INCREMENTAL ANALYSIS - 30 PERSONAL COMPUTERS YEAR 0 YEAR I REVENUES $0 EXPENSES PRODUCTIVITY SAVINGS HOURS PER UNIT PER WEEK AVERAGE HOURLY RATE MAINTENANCE DEPRECIATION TOTAL EXPENSES NET INCREMENTAL INCOME (EXPENSE) CASH FLOW CAP NET ADD NET CTAL PURCHASE INCREMENTAL INCOME BACK DEPRECIATION INCREMENTAL INCOME FROM OPERATIONS NET CASH FLOW INTERNAL RATE OF RETURN NET PRESENT VALUE @ 15 $ PAYBACK PERIOD YEAR 2 YEAR 3 $0 $0 i YEAR 4 YEAR 5 $0 $0 ($8,400) ($8,400) ($8,400) ($8,400) ($8,400) 1.2 _____ $5,411 ________ _________ $5,411 __ _____ $5,411 ______ _____ $14.00 $5,411 _ _ _ _ __ __ ___________ $7,893 ________ _ __ _ $7,724 __________ _______ $507 $676 $676 $676 $676 $5,411 ---- ---- - -- -- $5,411 ---- ----- ---- $5,411 ------- --------- $5,411 -- ----------- $5,411 ($2,482) ($2,313) ($2,313) ($2,113) ($2,313) ----- ------ ----------- $2,482 -- $2,313 --- ---- -- ----------- $2,313 -------- $2,313 --- $2,313 i ($27,053) $2,482 $2,313 $2,313 $2,313 $2,313 _____ $5,411 ________ _________ $5,411 __ _____ $5,411 ______ _____ $5,411 ______ _____ $5,411 _ _ _ _ __ __ ___________ $7,893 ________ _ __ _ $7,724 __________ _______ $7,724 _ _ __ ___________ $7,724 $7,724 __ ($27,053) $7,893 $7,724 $7,724 _________ $7,724 $7,724 13.4$ ($1,015) 3.5 YEARS 1] F $ -�9- Qz �.�- � �� �..�►�. =.� � �� � sue, V XA �,-,0141, HUTCHINSON FIRE DEPARTMENT 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 M E M O R A N D U M DATEt August 11, 1993 TO- Mayor and Council FROMt Mike Palm, Fire Marshal SUBJECT: HUTCHINSON MUNICIPAL CODE PAGE 201 • I have reviewed the Municipal Code Sec. 10.32. Minnesota Uniform Fire Code Subd. 1. Adoption. The 1982 Edition of the MN. Uniform Fire Code. This should be changed and updated to the 1988 UFC. and also state that as the State of Minnesota adopts new UFC's the City adopt the new codes at the same time. cct Brad Emans, Fire Chief L_J S 10.32 SEC. 10.32. MINNESOTA UNIFORM FIRE CODE. Subd. 1. Adoption. The 1982 Edition of the Minnesota Uniform Fire Code is hereby adopted as though set forth verbatim herein. One copy of said Code shall be marked CITY OF HUTCHINSON - OFFICIAL COPY and kept on file in the office of the City Administrator and open to inspection and use by the public. Subd. 2. Storage of Flammable and Explosives Material. No bulk plants for storage of flammable or combustible liquids, or bulk storage of liquified petroleum gas, not established on the effective date of this Section, shall be permitted. No storage of explosives or blasting agents shall be permitted. Source: City Code Effective Date: 7 -1 -89 (Sections 10.33 through 10.39, inclusive, reserved for future expansion.) • • 201 (7 -1 -89) ^ _C . C4,aw K-w Ads, 6.40 P.O. Box 282 Hutci*1M, Mimesota 66360 612. 687-0899 August 24, 1993 ==forKasich for TO: City of Hutchinson Board Members BetioHubh FROM: Mary Ann Kasich, Director, Crow River Arts, Inc. Ireddent Nei Gilman RE: Lease of Building at 44 Washington Ave. West Secretary Kcd H. Reed Treanor The Board of Directors of Crow River Arts, Inc. has agreed F1119 Becker Joy Berg to the terms of the lease for 44 Washington Ave. W. However, Joy Brlan Brou CherylMyen we would like these items included under additional terms: Connle Prince 17. Paint. The interior of the building may be painted with paint supplied by Crow River Arts, Inc. The outside of the building will be painted by the city of Hutchinson. • 18. Carpets. Carpets will be cleaned - by the city of Hutchinson. 19. Deferred Rent. The first 6-3-six) months rent will be deferred until February 1, 1994 (2500.02). This is due to a difference in fiscal years. Crow River Arts, Inc. is functioning on an extremely low budget at this time. Thankyou. / �j � Q�, (✓ (' 10-A. w FGM No. GENERAL LEASE This is a lease. This Lease is dated 6/29 '1993 . It is a legal agreement between the Tenant and the Landlord to rent the property described below. The word LANDLORD as used in this Lease means the City of Hutchinson and the Landlord's address is 37 Washington Avenue West, Hutchinson MN 55350 The word TENANT as used in this Lease means Crow River Arts, Inc., a Minnesota corporations This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. 1. Description of Property. The Property is located at 44 Washington Avenue West, Hutchinson in the County of McLeod State of Minnesota, on property described as follows: Term of Lease. This Lease is fora term of one year beginning on September 1 1993 Decembe5,31s„j,9,94 and ending on �,� See attached Exhibit A for additional terms 3. Rent. a. Amount. The rent for the property is Five Thousand and no/100 --------------------- -- js (s5,000.00 �peL year payable in equal monthly installments of $416.67 commencing on the first of September, 1993 and continuing on the first of each month b. Payment. The rent payment for each month must be paid before the first of the month at Landlord's address. Landlord does not have to give notice to Tenant to pay the rent. 4. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this Lease, Tenant may use the Property for the term of this Lease. If this Lease is for a residence, Tenant promises that the House or Apartment and the property on which the House or Apartment is located will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter, deliver, exchange, distribute or possess with intent to manufacture, sell, give away, barter, deliver, exchange, or distribute a controlled substance in violation of any local, state, or federal law. b. Right of Entry. Landlord and Landlord's agents may enter the property at reasonable hours to repair or inspect the Property and perform any work that Landlord decides is necessary. In addition, the Landlord may show the Property to possible or new Tenants at reasonable hours during the last ninety (90) days of the Lease term. Except in the case of an emergency, Landlord shall give Tenant reasonable notice before entering the Property. 6. Assignment and Subletting. Tenant may not assign this Lease, lease the property to anyone else (sublet►, no this Lease or permit any other person to use the Property without the prior written consent of the Landlord If Tenant does any of these things, Landlord may terminate this Lease. Any assignment or sublease made without Landlqjg written consent will not be effective. Tenant must get Landlord's permission each time Tenant wants to a sublet. Landlord's permission is good only for that specific assignment or sublease. . -- -.- -- -- 7. Surrender of Premises. Tenant shall give Landlord possession of the Property when this Lease ends. When Tenant moves out, Tenant shall leave the Property in as good a condition as it was when the Lease started, with the exception of reasonable wear and tear. 8. Default. If Tenant does not pay the rent or other amounts when due or if Tenant violates any agreement in this se, Landlord may take possession of the Property. If Tenant does not move out, Landlord may bring an eviction tion. The Landlord may rent the Property to someone else. Any rent received by Landlord for the re- renting shall be used first to pay Landlord's expenses for re- renting the Property and second to pay any amounts Tenant owes under this Lease. Tenant shall be responsible for paying the difference between the amount of rent owed by Tenant this Lease and the amount of rent, if any, received by Landlord from the new tenant plus the expenses paid by the Landlord, including court costs and attorneys fees. If Tenant violates a term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still terminate this Lease and evict Tenant for any other violation of this Lease. If this Lease is for a residence, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances in the Apartment; and (b) the common area and building in which the House or Apartment is located will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess a controlled substance in violation of any local, state, or federal law including, Minn. Stat. Chapter 152. This agreement by Tenant is not violated if a person other than Tenant possesses or allows controlled substance in the House or Apartment or in the common areas or building if an Apartment unless the Tenant knows or has reason to know of the of the activity. 9. Abandoned Personal Property. When Landlord recovers possession of the Property, then Landlord may consider Tenant's personal property on or in the Property to also have been abandoned. Landlord may then dispose of the personal property in any manner that the Landlord thinks is proper. Landlord shall not be liable to Tenant for disposing of the personal property. 10. Heirs and Assigns. The terms of this Lease apply to the Tenant and Landlord. The terms of this Lease also apply to any heirs or legal representatives of Tenant or Landlord and any person to whom this Lease is assigned. COUNTY OF R. The foregoing instrument was acknowledged before me this by THIS INSTRUMENT WAS DRAFTED BY: G. Barry Anderson (Name) Arnold 6 McDowell 101 Park Place (Address) H,,tchincnn rrnr S5350 • TENANT: Crow River Arts, inc. y: s res en day of 19 Ste_ (Signature of Person Taking Acknowledgement) (Title or Rank) EXHIBIT A ADDITIONAL TERMS 11. Term of Lease. If this lease is not renewed or cancelled, following expiration of the • lease, the tenancy shall be month to month. 12. Insurance. Tenant shall procure a general liability policy for premises liability, and other general liability conditions, with coverage and amount at least equal to $500,000.00. 13. Liability of Tenant. Tenant agrees that landlord shall not be liable for any damage, either to persons or property or the loss of the property sustained by Tenant, or by any other persons due to the premises or the buildings, equipment, fixtures, appliances or machinery, or the halls, passages, and sidewalks or streets adjoining the building due to the same or becoming out of repair or defective or due to the occurrence of any accident, or due to any act or neglect on the part of the Tenant or any occupant or user of the building or by the bursting of pipes or by any other instrumentality or agency connected with the premises and further, tenant agrees to indemnify the landlord for any such claims. 14. Snow and Ice. Tenant shall keep the sidewalks bordering on the premises at all times free from ice and snow and other obstructions and to neither waster nor misuse water, electricity, gas, steam or any other utilities, which utilities shall be furnished by the Landlord. Tenant understands that the Landlord, from time to time, may, at its sole option, assist in snow removal but any such assistance does not relieve Tenant of • Tenant's obligations under this paragraph. 15. Taxes. Landlord shall pay any taxes associated with the property. 16. Diagram of Premises. Attached and marked as Exhibit B is a diagram of the premises covered under the terms of this lease. There shall be no alterations to the property without the expressed written consent of the Landlord. Landlord and Tenant acknowledge execution of this lease and receipt of a copy of the executed lease. Landlord: The City of Hutchinson By: Its Mayor A _ _�.�� f�. Gary D. City Administrator Tenant: Crow River Arts, Inc. By: Its President 0 AdUk 3, Rhslrin tonA;rnue1ICc;t (02) 587-5151 CONSTRUCTION OF BASE, CONCRETE APPURTENANCES itchinson, Minnesota 55350 LeT =t-Cng Mc),- 9 (1993) HORNINGSIDE DRIVE (93 -16) MICHIGAN STREET STORM SEWER (93 -15) TH 7 EAST SANITARY SEWER (93 -18) ALAN STREET SIDEWALK (93 -13) ASSESSMENT ROLL NO. August 24, 1993 - 8:00 pm SANITARY SEWER, WATERHAIN, STORM SEWER, GRADING, GRAVEL CURB & GUTTER, SIDEWALK, BITUMINOUS BASE, SURFACING AND Total Construction Cost $ 14,483.51 • 93 -16 Horningside Drive $ 88,370.90 93 -15 Michigan Street Storm Sewer $ 30,204.00 93 -18 T.H. 7 East Sanitary Sewer $ 7,335.20 93 -19 Alan Street Sidewalk $ 17.945.00 $ 143,855.10 Proiect Expenses S 34.525.22 TOTAL PROJECT COST PROJECT COST BREAKDOWN TOTAL CITY SHARE 93 -16 Horningside Drive $ 14,483.51 93 -15 Michigan Street Storm Sewer $ 37,452.96 93 -18 TH 7 East San. Sewer (Trunk) $ 2,479.03 93 -19 Alan Street Sidewalk $ 22,251.80 • TOTAL ASSESSED COST 93 -16 Horningside Drive S 95,096.41 93 -18 TH 7 East Sanitary Sewer $ 6,616.62 $ 178,380.32 $ 76,667.30 S 101,713.03 TOTAL PROJECT COST $ 178,380.32 /D -- OPEN -HOLD COUNCIL_ REPORT Tue Rug 24 1993 09:46:55 Page 1 ------------------------------------------------------------------------- 1993 IMPRO.CON B • BARR ENGINEERING CO RD & UTILI.TY PLAN $1,080.73 TKDA SO.GRADE RD IMPROV $1,347.66 $2,428.39 CAP.IMPRO.FUND BARR ENGINEERING CO PROF SERVICES $1,057.52 $1,057.52 CENTRAL GARAGE // A' ABLE HOSE & RUBBER INC CAM & GROOVE $15.41 BRANDON TIRE CO TUBE REPAIR $8.00 CALIFORNIA AUTO BODY REPAIR $593.54 CARQUEST AUTO PARTS BATTERY $132.81 CHAMPION AUTO WIRE, FUSES $216.17 6 & K SERVICES TOWELS $44.56 HUTCH COOP CENNEX TIRES 9309.95 JERRYS TRANSMISSION BRAKE VALVE, FAN MOTOR $300.04 MTI DIST.CO PIN $164.01 SCHMELING OIL CO OIL CHANGE TUBS $34.08 SCHRAMM IMPLEMENT BELT $154.2Z SWEENEY BROS TRACTOR FILTER, EDGES $413.37 W.D. COOLING CLINIC REPAIR AIR CONDITIONER $256.85 WIDEN CHEVROLET CO REPLACE DOOR HANDLE $642.37 • $3,285.9: GENERAL FUND AAGARD WEST AUG SERVICE $504.31 HARP 31 @8 DEF.ORIVING COUR $248.00 AM RISK SERVICES AUG SERVICES $800.00 AMERICAN RED CROSS CLIPBOARDS $120.00 ANTONY, TERRY SR. TOUR REFUND $53.00 AV FUEL CORPORATION 8000 GAL AV FUEL $9,561.29 BENNETT OFFICE SUP. SERVICE CONTRACT $Z5.00 BERG,KEVIN REFUND SURCHARGE $41.65 BERNICK & LIFSON FRACHISE RENEWAL. $968.75 BROWNS FLORAL UNARRANGED FLOWERS $10.65 BURICH, HARRIET CRUISE REFUND 97.00 BUSCH, CAROL SR. TOUR REFUND $53.00 CADO /ENGINEERING SUPPLY BOND $GG .48 CAMERA SHOP PRINTS $14.77 CARTER, JEREMY .SAFETY BOOTS 930.00 CELLULAR 2000 AUG SERVICE $132.86 CENTRAL GARAGE JULY REPAIRS $6,015.49 CENTURY LABS CLEANERS $400.97 CHARLES 8AILLY & CO AUDIT WORK $2.200.00 CIMLINE WAND VALVE $39.04 CLASEN, MARGE SR. TOUR REFUND $53.00 • COMM TRANSPORTATION COUNTRY KITCHEN MANUALS PRISONER MEAL $75.00 $5.27 COUNTY TREASURFR PARCEL CHANGE'S $5.60 CROSBY, CARRIE SCOREBOARD, COACHING $207.20 CULLIGAN WATER COND SERVICE $2.7.60 DEPT OF LABOR & INDUSTRY EXEMPTION $10.00 DESUTTER, MARY ANN SR. TOUR REFUND $53.00 DEVRIES, JENNIFER PARK CONCESSIONS 15 HR $53.75 // A' OPEN -HOLD COUNCIL REPORT Tue Aug 24 1933 09:46:55 Pale 2 EARL ANDERSON ASSOC 25 STOP SIGNS $638.41 ENGELMANN, ESTHER CRUISE REFUND $7.00 ERICKSON OIL PROD FILM 44.46 • FABEL, LUCY CRUISE REFUND $7,00 FARM & HOME DIST, CO PLASTIC, CANVAS, ETC $248.86 FIELD, MATT SCOREBOARD 9 HRS $38.25 FIRE INSTRUCTORS ASSN OF MN FILM LIBRARY POSTAGE $19.22. FITZLOFF HARDWARE BOLTS, HOOKS, ETC $7204 FLOOR CARE SUPPLY TISSUE $224.66 FRAUENOIENST, WALTER CRUISE REFUND $7.00 FRONT LINE PLUS FIRE & RESCUE BUNKER BOOTS, GLOVES, $710.85 6 & K SERVICES UNIFORMS $682.17 G F NEMITZ SONS OVERHEAD PROJECTOR GL_A $7.67 GALL'S INC MAGNUM BOOT $86.49 GRASLIE, ADELINE CRUISE REFUND $7,00 GREAT LAKES IPM ELM BARK BEETLE, DELTA $7..2.61 GRINA, LISA TAPE, FILM, NOTES $28,17 GUARDIAN PEST CTL AUG SERVICE $46,86 HANSEN GRAVEL SCREENING FOR UTILITIE $975.00 HF.MMANN, GLORIA CRUISE REFUND $7,00 HIGGINBOTHAM, RUTH SR. TOUR REFUND $53.00 HOEFER, NORMAN CRUISE REFUND $7,00 HOEFT, PAT CRUISE REFUND $7.00 HOUSTON INSTRUMENT DISK DRIVER $29.46 HUTCH COOP CENNEX JULY FUEL $4,902,63 HUTCH PLBG & HT6 CO URINAL WASHER $2.93 HUTCH TECH COLLEGE WORKSTUDY $768.76 • HUTCHINSON LEADER HUTCHINSON UTILITIES EXEC DIR ADV GAS & ELE.0 $91.90 $13,274.87 HUTCHINSON WHOLESALE CLAMPS $203,94 INK SPOTS REAM LONG PAPER $49.15 INSELMANN, LIDA CRUISE REFUND $7.00 JENSEN, MILOREIT CRUISE. REFUND $7.00 DOES SPORT SHOP 7 PLAQUES $84,00 JOHNSON, DOROTHY SR, TOUR REFUND $53.00 JUUL CONTRACTING CO CLEAN DITCH $248,00 K & M CONTRACTING RAISED SUNKEN SIDEWALK $434.00 KARG, LARRY BARRICADE TAPE $90,00 KARL, LEONA CRUISE REFUND $7.00 KIRCHOFF, BRIAN CONCESSIONS WORK $74,38 KOHLS, LEONA CRUISE REFUND $7.00 KRUEGER, ESTHER CRUISE REFUND $7.00 KUCERA, ELEANOR CRUISE REFUND $7.00 LAMP, MARY CRUISE REFUND $7,00 LAW ENFORCE EQUIP NAME BARS $31,87 LEAGUE OF MN CITIES QTRLY GENL LIAB.INS $48,535.25 LF.TN AUG SERVICE $288.00 LICKFETT, HELEN CRUISE REFUND $7.00 LINDER BUS COMPANY BUS TO SOON LANDING $140.40 MCCC REGISTRATION FEE -L.HUH $15.00 MCGARVEY COFFEE INC COFFEE $82.35 MCLEOD CTY EMERGENCY SERVICES INTERFACE PARTS $50.00 • MCPA MORA REG- S.MADSON 100 ROAD MAPS $195,00 $40.00 MEEKER SAND & GRAVEL SAND $462,98 MERRITT, BETTY SR. TOUR REFUND $53.00 METKOWSKI., MILDRED CRUISE REFUND $7,00 MID -MN HOT MIX INC OVERLAYS $4,313.25 MIELKF_, SYLVIA CRUISE REFUND $7,00 MIKE'S MOBIL BAIT & TACKLE MUSKOL $10.63 OPEN -HOLD COUNCIL REPORI Tue Aug 24 1993 09:46:55 Pane 3 ------------------------------------------------------------------------- MINI RIFF TOILFT RFNT I MONTH $79.38 MONAHAN, MARY CRUISE REFUND $7.00 NEMITZ., IRENE CRUISE REFUND $7.00 • NEMITZ, LILLIAN CRUISE REFUND $700 NEMITZ,LORRAINE CRUISE REFUND $7.00 NOVAK,CHARLES & ANGIE CRUISE REFUND $14.00 OFFICE PRODUCTS REPAIR PRINTER $210.60 OTTO, LYLA CRUISE REFUND $7.00 PARSONS,EBBA CRUISE REFUND $7.00 PAWELK, BERNICE CRUISE REFUND $7.00 PEARCE, LORRAINE CRUISE REFUND $7.00 PESINA, EVELYN CRUISE REFUND $7.00 PETERSON BUS SERVICE BUS TRIPS $636.45 PETERSON, JEAN SR. TOUR REFUND $53.00 PIONEER QUIK STRIPE ARCTIC $356.00 RANNOW, ARDYCE CRUISE REFUND $7.00 REID, MATTHEW SAFETY BOOTS $30.00 REINER, MAUREEN CRUISE REFUNF $7.00 ROZF.SKE, DELPHINE CRUISE REFUND $7.00 SANDBERG, JOHN 2 DAYS $20.00 SCHL.UETER, BURNETT CRUISE REFUND $7.00 SCHMIDT, VERONA CRUISE REFUND $7.00 SCHRAMM. VIOLET CRUISE REFUND $7.00 SCHUFT, ESTHER CRUISE REFUND $7.00 SHAW, KAREN 12 HOURS $125.00 SHAW, STACEE 12 HOURS $84.00 SHOPKO PHOTOS, FILM $19.67 • SIMMONS GUN SPECIALTIES SIMON, ANDREW & L.UELLA S15ARMS CLIP CRUISE REFUND $59.53 $14.00 SIMONSON LUMOER CO NAILS $9,18 SMITH, LUCILLE SR. TOUR REFUND $53.00 SMYKALSKI, AOELINE CRUISE REFUND $7.00 SOUTHAM BUS COMM ADS $97.68 SOUTHWEST ICSO CHAPTER OF MN 2 PEG- J.MARKA, M.HENSF_ $12000 SPEC MATERIALS INC CUTTER BIT $Z,796.17 STAR TRIBUNE STAR TRIB SUBSCRIPTION $19.50 STARK, LUCILLE CRUISE REFUNN $7.00 STEVENS, RITA CRUISE REFUND $7.00 STRETCHERS BUN LOCK $440.81 STRITESKY, MARGIE CRUISE REFUND $7.00 TURF SUPPLY COMPANY AMINE $2,835.58 US WEST COMMUN AUG SERVICE $315.70 VIKING INT PRODUCTS POLY BAGS $151.88 WAL -MART MARKERS $48.25 WFBSCHEID, VIRGINIA SR. TOUR REFUND $53.00 WENOLING, ROSS SOFTBALL TOURNEY HRS $21.25 WOODS PAINTING CENTER STAIN, BRUSHES $187.87 WOZNIAK, MILORED CRUISE REFUND $7.00 XEROX CORP JULY SERVICE $057 $393.20 XL SYSTEMS SOFTOESK COGO, DESIGN $21S.00 ZAJI.CEK, LORRAINE CRUISE REFUND $7.00 ZOLLIE GREEN & ASSC PROCESS OF MORTGAGE $45.00 • $109,385.75 INSURANCE FUNDS AMERICAN HEART ASSC PAMPLETS $25.60 OLSEN, JASON SPEAKER FOR KICK OFF $50.00 $75.60 OPEN -HOLD COUNCIL REPORT _PAYROLL FUND AETNA VARIABLE LIFE ASS • AMERICAN FAMILY INS CO. G.T. GROWTH GLOBAL FUNDS INC GREAT WEST LIFE INS. CO H.R.L.A.P.R. ICMA RETIREMENT TRUST PERA LIFE INS CO. PERA- D.C.P. PRUDENTIAL PUBLIC EMPLOYEES TEMPLETON INC WADLLL & REED WITHHOLDING TAX ACCT RURAL F. 0. rue Aug 24 1993 09:46:55 Page 4 CO. EMPLOYEE CONIRIB 8 -14 $545.00 EMPLOYEE CONTRIS 8 -14 $139,24 EMPLOYEE CONTRIB 8 -14 $175.00 EMPLOYEE CONTRIB 8 -14 $318.46 EMPLOYE:F. CONIRLB 9 -14 $110.00 EMPLOYEE CONTRI9 8 -14 $157.46 EMPLOYEE CONTRIB 8 -14. $1,514.00 EMPLOYEE CONTRIB B -14 $117.00 EMPLOYEE CONTRI8 8 -14 557.42. EMPLOYEE CONTRIB B -14 15140.00 EMPLOYEE CONIRIB 8 -14 $11,62.9.15 EMPLOYEE CONTRIS B -14 $9S.00 EMPLOYEE CONIRIB 8 -14 $150.00 EMPLOYEE CONrRIB S -14 $27,243.72 6 & K SERVICES TOWELS $42,391.45 HUTCH COOP CENNEX JULY FUEL. $121.11 STEWART, CITY OF MONSANTO FOAM 57..02.35 $32.3.46 WATER/SEWER FUND AAGARD WES1 AUG SERVICE $276.75 ANALYTICAL PRODUCTS GROUP STANDARD SET $125.00 • ARNOLD & MCDOWELL. PROF SERV $147.RO AUTOMATION SUPPLY CO RIBBON CARTRIDGE $19.87 CASH WISE S0 KRAFT LEAF BAGS REF $50.00 CBI NA -CON INC SO.PARK WATER TOWER $G9,840.00 CENTRAL GARAGE JULY REPAIRS $577.71 D.P.C.IND.INC CL?, S02 $105.00 DAVIS INSTRUMENT MFG CO MULTI.METER, ANALYZER $589.4si DYNA SYSTEMS BLADE, SLASHER $111.93 FARM & HOMF DIST. CO CARTRIDGE, ETC $72.75 FEED RITE CONTROLS NITRIC ACID $56.45 FISHER SCIENTIFIC COVERALLS, GLOVES, ETC $242.59 FITZLOFF HARDWARE PETCOCK $1.59 6 & K SERVICES TOWELS 4284.10 GOPHER STATE INC JULY SERVICE $186.75 HACH COMPANY PRESSURE. REGULAIOR $220.15 HUTCH COOP CENNEX JULY FUEL $163.46 HUTCH FIRE & SAFETY INSPECTIONS $16.00 HUTCH TECH COLLEGE WORKSTUGY $108,00 HUTCHINSON UTILITIES GAS &. EL..EC $14,252.93 INDUSTRIAL MAINT SUPPLIES CLAMPS, ETC $75.08 ISCO INC BATTERY ASSY $434.60 JUUL CONTRACTING CO COMPACT SINK HOLE -LEWI $7.24.00 KJELL CORP AQUA MAG $1,180.50 LAB SAFETY SUPPLY INC COVERALLS $109.35 LAKELAND ASCO KIT $294.18 • LEAGUE OF MN CITIES QrRLY GEN LIAB. INS $7,880.00 MID - -AMERICA PL..ASTICS CPLG, TEES $25.31 MIDWEST MACHINE TOOL SUPPLY MUFFLER ASSY $27.05 MN SEC.AWWA RE6- R. DEVRIES $280.00 MN VALLEY TESTING LAB TESTING $1,432.00 NALCO CHEM.CO OPTIMER $G,475.20 NCL LAB SUPPLIES 8108.65 OPEN -HOLD COUNCIL REPORT Tua Aug 74 199 09:46:55 PAPER SERVICE CO NUADE ELECTRIC RAYFO INC. SANIFILL INC SERCO I_A60RATORIES SMITH, MICHAEL STRINGER BUS SYSTEMS TKOA TNEMEC CO. WATERPRO ZEE MEDICAL SERV YOUTH CENTER RUMBERG. RICK E ---------------- - - - --- SURPASS fi00 REPAIR DUMPSTERS TRASH IESTING DOUBLE PAYMENT REFUND TONER PROF 'iERVICES LEAK SUR EPDXOL.INE 12" HSP REGISTER CONGESTAID, OINIMENT, BAND YC 081193 Page 5 $35.94 $148.00 $848.70 $7,550.44 $75.00 $39.31 $72.78 $3,410.00 $152.07 $376.72 $27.90 $150.00 ${50.00 $278,429.29 lJ • OPEN -HOLD COUNCIL RFPORT Tue. Aug 24 1993 09:35:57 Page I ---------------------------------------------------------------------------- 1975 IMPRO.BDS CITY OF HUTCHINSON PERMANENT TRANSFERS $7,004.12 $7,004.12 1976 IMPRO.BD CITY OF HUTCHINSON PERMANENT TRANSFERS $239,459.51 $239,459.51 1977 IMPRO.BDS CITY OF HUTCHINSON PERMANENT TRANSFERS $64,780.48 $64,780.48 1978 IMPRO.BOS CITY OF HUTCHINSON PERMANENT TRANSFERS $44,753.19 $44,753.19 1979 IMPRO.BDS CITY OF HUTCHINSON PERMANENT TRANSFERS $239,548.15 $239,548.15 _1980 IMPRO.BDS CITY OF HUTCHINSON PERMANENT TRANSFERS $172,695.63 $172,595.83 J981 IMPRO.BDS CITY OF HUTCHINSON PERMANENT TRANSFERS $44,557.34 $44,557.34 GENERAL FUND AARP 31 DEF DRIVING CLASS $256.00 DEPT NATURAL RESOURCES DNR RE6 FEES $340.00 GREAT PLAINS SUPPLY 10 x 12 SHED $1,056.44 M.I.A.M.A. CONF RE6- M.HAUGEN $360.00 MCLEOD COOP POWER ELECTRICITY $182.2.1 $2,194.65 PAYROLL FUND MN DEPT OF REVENUE EMPLOYEE. CONTRIB B -14 $5,445.30 $5,445.30 $820,438.37 a MUNICIPAL LIQUOR STORE $ 104,976.18 TV Facts of Northwest Counties advertising $ 140.00 State Peace Officers Journal advertiser 49.50 Viking Coca Cola soft drinks 81.45 Sprengler Trucking freight charges 811.42 Hutchinson Utilities elec & gas 830.42 Travelers Directory Service advertising directory 243.00 Junker Sanitation refuse pickup 166.78 KDUZ -KKJR advertising radio 170.00 Am. Linen SUpply towel service 50.12 Coast to Coast supplies 35.57 Hutch Leader shopper ads 217.08 Bernicks Pepsi Cola soft drinks 337.17 Hermel Wholesale supplies 462.76 Henrys Foods supplies 2060.63 Mn. Dept. of Rev. last half june sales tax 6199.40 Mn. Dept. of Rev. July sales tax 14,627.09 Viking Coca Cola soft drinks 241.45 City of Hutchinson lottery sales 676.00 City of Hutchinson payroll 5580.38 City of Hutchinson lottery sales 795.00 McLeod Co. Treas. state deed tax 991.65 Ed Phillips & Sons liquor & wine 898.63 Johnson Bros. Liq. Co. liquor & wine 1377.83 Quality Wine 0 Spirits Co. liquor & wine 3057.26 Jordon Bev. Inc. beer 606.50 Locher Bros. Inc. beer 4972.45 Lenneman Beverages beer 3595.65 •TRIPLE G Dist. Friendly Bev. CO. beer beer 3708.65 441.40 Jordon Bev. Inc. beer 698.90 Triple G Dist.- beer 11,281.40- Lenneman Bev. beer 4,749.80 Locher Bros, beer 11,696.35 Ed Philips & Sons liggqr & wine 3994.23 Griggs Cooper & co. liquor & wine 8292.01 Johnson Bros. Liquor liquor & wine 6749.50 Quality wine & Spirits -; Iiquor & wine 4088.75 $ 104,976.18 RE: Orderly Annexation Issues Our File No. 3188 -93241 Dear Gary: This correspondence is for the purpose of advising you that the Orderly Annexation Agreement between Lynn Township and the City of Hutchinson has now been approved. I received a telephone call from the Minnesota Municipal Board advising our office that, by way of telephone conference call, the commission had approved the agreement. Please advise the City Council of the status of this matter. Best regards. Very truly yours, ARNOLD & McDOWELL G. Barry And(�rson GBA/pb 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE MAR ASSOCIATION ARNOLD & MCDOWELL DAVID W ARNOLD ArTonNEYs AT LAw STEVEN D. X. LL EravEIl RHON 5881 Csnsa Lssa ROAD w CODa9¢ WILLY" A. C &KXR= • O.HSasT SxnaaSOa• Airimc MINNEAPOLIS, MMNHSarA 55416 -1492 RATYOYD C. •AU+ STEVEN S. HOOa LADES E. FRETLAND (612) 545 -9000 501 SOUTH YOOB2B STUART DAVID A. B8ITEOOEYANN I[lt TOLL IEEE BOO- 343 -4545 PETNCETON, YIIINESOTA 55371 (618)369 -9214 PAM D. DOVE•' FAX (612) 543 -1793 FAa(612)3H9 -SSc* JOSEPH Y. PAIE %BNT JAPES OSLET EICHARD O. YCOEE IO1 PARK PUCE HUTCHMSCN, YINNESOIA 33330 CATHEVN D. REBER (612) SB> -7575 OINA Y. BRANDT FAX (612) 367 -� FOR YOUR INFORMATION August 19, 1993 819202722 AUG1M w Gar D. Plotz y N (�RECFJVED Hutchinson City Hall 37 Washington Avenue West Hutchinson, MN 55350 RE: Orderly Annexation Issues Our File No. 3188 -93241 Dear Gary: This correspondence is for the purpose of advising you that the Orderly Annexation Agreement between Lynn Township and the City of Hutchinson has now been approved. I received a telephone call from the Minnesota Municipal Board advising our office that, by way of telephone conference call, the commission had approved the agreement. Please advise the City Council of the status of this matter. Best regards. Very truly yours, ARNOLD & McDOWELL G. Barry And(�rson GBA/pb 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE MAR ASSOCIATION • 0 OA -309 -1 Hutchinson BEFORE THE MUNICIPAL HOARD Robert J. Ferderer Chair John W. Carey Vice Chair Dorothy E. Kobs Commissioner A1jGIy� ~ --------------------------------- IN THE MATTER OF THE ORDERLY ANNEXATION ) AGREEMENT BETWEEN THE CITY OF HUTCHINSON ) ORDER AND THE TOWN OF LYNN PURSUANT TO ) MINNESOTA STATUTES 414 ) -- - - - - - - - - - - - - - - .._-.- - - - - = . WHEREAS, a joint resolution for orderly annexation was adopted by the City of Hutchinson and the Town of Lynn; and WHEREAS, said joint resolution requests that certain property be annexed to the City of Hutchinson pursuant to M.S. 414.0325, Subdivision 1; and WHEREAS, M.S. 414.0325 states that in certain circumstances the Minnesota Municipal Board may review and comment, but shall within 30 days order the annexation of land pursuant to said subdivision; and WHEREAS, on August 16, 19930 the Minnesota Municipal Board has reviewed and accepted the resolution for orderly annexation; IT IS HEREBY ORDERED: That the following described property is That that pert of the South Self of Action 7, that part of the Southeast Quarter of teetten 3, that pert of the Northeast Quarter of Section 30 Part of the North Self of settle* 11 and that part If the Northwest Quarter Of Section 12, all to 70wsahtp 119 North. Saege 10 g,,s of the nth frlmi►al Meridlan, described as follows& sagt,Weg as the coutheaof esrnor of said Section St theme weat*r1Y• along the swab lion of she sagtheast Quarter of said Seetleo 2, to the b'thW BL cetMr Of t1e sOYLhlast Natter et Old Aealeast Quarters theses northerly, along the rest tin* of said southeast Qu*:- ur of the Southeast Quarter, to A point 700.00 Let sogib*r17 of the ner:hveat career of said S".hsast Quarter of the Swtb64AZ Nary tern 1.,,as ease +lY, parslbi r1tA M* north lint of "se said Son theses Quarter of the Southeast N.rur, 277.17 loots thence northerly, paraltsl with aid .wet It". 700.00 feet to said north it", theme *ast*'IY, along said north lisa,-t, the teat lino of said fwiheasi . Nar:as, thence northerly, etoeg said east lino, to the sauth..st tether of CWVSf A002:ICa, thence rem sorlY• along the Bauch line of - sold CWL139 A00I710a, to the southwest Corner of said CILOSf A0017300, theme noralerly, along the vast Ilse of saki CLWSi A002T.M. to the intersection with a lino drawn "& -Orly at a right aegis to sald east l,a*. fron •pee ins on said east lino df rant Nf.00 [,,t a"%%- 600.06 of too northeast corner of said South Self of Seettalt 2, them* westerly, dlflsettag f0 degrees 00 minu:,, OC stands to the left. 900.09 lOet, t1Ome westerly 57.92 feet &long • sontangential caws cents" to the south, saving • radius of 423.75 foot, and a c*at;al &Alto of 7 !egret, 46 ain't,, $0 Brenda, the chord of said cores dafl*cts 11 degreoa 47 sing&,& a{ ncaAds to the left fron tae loot descrtb*d lines theme wesae;ly 127.15 feet along • reverse curve concave to chi north, tuvleg a wallas e[ a70dt Lr and • ,,hush aegle of 13 degrees 30 min'COS 00 seconds, theme veer -Orly, tangent to said rt".50 eurw, 17.00 foot, theca• westerly 21.29 Let along a tangential evrve csneaw to the myth, haling 'a radius of 209.19 feet and a central Ill* of 4 degrees 1I minutes 26 seconds, tbenee aoutMrly, 4-flectl&g 91 4-1111, 27 n/mse, -45.� ....dr. WtM?afs- _ 11Y. deflecting It degrees 21 afmass 35 ascends to the right, LIZ. 1� n<•ftwu'isitl doWnhlnf 7 . 220 mt� feiruul0 e.c N the right, p.R LK to t1e aautte set ear ear of firTf ADDITION TO Lt7w x4- TSASACtII theasA uesteily, Alen! t7M south 1!m of 8.1 TIM ADDITION TO LAXrj000 TTSRACC. to the incersecltdn with Line A' (said Lim A t■ ascr Used as cmeenctng at the southeast corn.. said Section 2, thence westerly. 410.9 the south It" of the $*%these: Quarter of said gtea inl of $414 Lim AA the nce mrtherlY. def loo tf n9 /9 degrees 24 Mtnu t Section 2, • dis:An<• et 1977.18 lees to tae ea to the 'I the n'e soecaarlY. along Said Lim A. to 111 1. 21 feet earth of the beginning of Slid Line A, ae mar cared along said Lim A' dome westerly, deflecting f0 degrees 38 sfnut•a the right, 899.21 fast' thence mrohwasterly, deflecting 15 defre•s 13 aQ .vase ZS ssnnda to the right. 392.13 feats these& mzthe rly deflecting 90 Ggr•ss 04 M(nutas 15 ueer.C, to eM rifa:. 213.0 1 fist' the nee northerly 111.09 feet along • tangential eur11 eoncav to the cut havir.9 a radius of 517.91 Let and A central angle of 13 degrees Of Minutes 26 Sscendsn thence mreheily, tangent co to last du<rihed Coin, to the south 1 {ne of TMISD ADDITION TO LAI¢7i0Op TI SJ1ACt' thence w•sceilY, northerly and westerly, aloof said south line of TMIAD ADDITION TO L.\Cw00D TKAAACt and &tong the southerly It" of LAR ,Voo TISA,LC1, &ad'alen, the waste: ll jMelengAtf el Slid southerly line of L&Sf0000 TIAtACI, to the gat ,...then with 4 Aim para11e1 with and 500.00 feet aut of she r. et l/as of Said South Mal! of Section 28 thence seutasrly, along said parallel line, to the intersection with 4 line parallel with and 31.00 fe mrth of the south lfm of said South MY of Section 21 thence westerly, parallel with said south line of the South Ralf, to the 1. torsaetian with said vast Aim of the South Ralf, theme rs:erly, parallel with the south line south line of 041A Southeast Quarter section 3; to the intersection with the northerly Prolongation of & line V,rellol with &Ad 11.00 Le: westerly of W west 11se eL the fast MAIf of said Northeast Quarter of Section 10' thence southerly, along the gut described parallel rine, to the it It.e ctter. with tae south line of said Northeast Quarter of Section 10' thence e&Ster ly, aleal the escr sefd truth lino, to the eoARL*rSt torn, of said Northeast Quarter Of Section 10' thence ,Jt.rly, along the rouU line o! " Z with Line 8 (,aid it" / Is described as cesaoeneing at the northwSe corner et said Seetlee 31'lth•neesusterll, to c.4- las#,sOctio, of said Section 11 a dlsteme of 1210.00 Lest to the le lruwtn _ y. &Isn9 the earth lire. Os Minutes 00 seconds to the south lt.. of said North self ef4fwelend117'•eLneeOmrtaerlha ly. deflecting to tae right 107 degrees east with • line parallel with and 11.00 foot southerly Of sold earth line of Section 11' them- *FIY, easterly, said Line S, to the ihtereectlon old Sertien 11 end the mrh Alm of slid S•etlen 12, to the !nt•r section with the eter parallel with the eanh line o: said 'enter 11ne, to the earth line of said S•CtLft 12, thence westerly, alee9 said ",,h ineeaf fseeciee 12. ce ho a northerly. .11, IT IS FURTHER ORDERED: That the tax rate of the City of Hutchinson on the property herein ordered 'annexed ` shall be increased in substantially equal proportions over a period of five years to equality with the tax rate of the property already within the city. IT IS FURTHER ORDERED: That the effective date of this order is August 16, 1993. Dated this 17th day of August, 1993. MINNESOTA MUNICIPAL HOARD 475 McColl Building Ste Paul, MN 5510,1 Patricia D. Lundy Assistant Director 11 C FOR YOUR INFORMAZION TO: Hutchinson Planning Commission FROM: Dolf Moon, Director of Parks, Recreation and Community Education DATE: August 10, 1993 RE: Island View Heights Preliminary Plot In March the Hutchinson Park Board discussed the WDH, Inc. proposed development area. The discussion centered around the development on the west side of Otter Lake. The boards feeling at that time was to consider a land donation with some barriers (i.e. Otter Lake, County Road 83) the Park Board thought it appropriate to develop a park in this area. There was no formal action taken at that time however. Based on the parkland dedication formula of 7.5% of the total area, 9.11 acres of land would be required of the development to satisfy the parkland dedication. Currently 5.17 acres appear on the plat, meeting 57% of the land requirements. In addition to the land set aside, I would recommend that the balance of the parkland dedication be a financial contribution based on the following: 43 percent of the unplatted parkland multiplied by the number of sites available - 117 (50) multiplied by $215 per site. Total financial contribution $10,750. Total land contribution 5.17 acres. CC: Mayor and Council City Administrator Finance Director Engineer Building Official Tom Daggett Rich Westlund Jeff Haag File • City Hall Parks & Recreation Police Department 37 Washington Avenue West 900 Harrington Street 10 Franklin Street South (612) 587 -5151 (612) 587 -2975 (612) 587 -2242 Hutchinson, Minnesota 55350 - Printed on w ticled paper - DAVID D). N cDON•ERDO E GARY . LL STEVEN A. ANDERSON O. BARRY ANDERSON' STEVEN S. HOOE LAURA N.PRETLAND DAVID A. BRL'£OGEMANN PAUL D. DOVE' M. PAIEMENT JAMES UTLEY RICHARD G. MCGEE CATHRYN D. REHER A13NOLD & MCDOWELL ATTORNEYS AT LAW .. 110 1 - -RARK PLACE HUTCHINSON, MINNESOTA 55350 -256:1 Mr. Ken Merrill Director of Finance 37 Washington Avenue West Hutchinson, Mn. 55350 (612) 587 -7575 FAX (612)581 -4096 RESIDENT ATTORNEY G. BARRY ANDERSON August 17, 1993 Ot COUNSEL WILLIAM W. CAMERON RAYMOND C. LALLIER PAUL X.BEOICR CHARLES R.CARMICHAEL" 56M CEDAR LANE ROAD MINNEAPOLIS,NINN'ESOTA 55416 (612) 545 -9000 MN TOLL FREE 800 -342 -4545 FAX(612)545 -1193 501 SOUTH FOURTH STREET PRINCETON, MINNESOTA 55311 (612) 389-2214 FAX (612) 389 -5506 FOR YOUR INFORMATION Re: Hutchinson Downtown Redevelopment Project - Phase II (Closing Documents - Condominium) Our File No. 3244 -91046 Dear Ken: This letter is a follow up regarding the assessment issue as it relates to the Hutchinson Festival Foods project. iOne issue that was unresolved had to do with the assessments that were of record at the time the redevelopment parcel was conveyed to Erickson's. I am enclosing a copy of Mr. Franke's letter of June 3, 1993 which outlines this issue. I spoke to Mr. Franke's assistant, Joan, at the Everest Group and this issue was resolved by transferring the assessments in question to the unit owned by the City, now occupied by the liquor store. The assessment issue is accordingly resolved as far as this office is concerned. Since the condominium plat was duly filed on August 11, 1993, as Condominium No. 5 in Document No. 254124, it is now possible to record the deed for the liquor store. That has been done and the condominium unit occupied by the liquor - store -is now officially titled in the nam _�f tbo Cite- , AYR aaain -T ha3 A;Iup a17 Tsecessary, action -h-as been completed. The next issue that remains open has to do with the accounting necessary to resolve matters between Erickson's and the City in connection with the transfer of the former More 4 building. In other words, Erickson's was responsible for expenses, taxes and operating costs relative to this structure. It is my understanding that Doug Driscoll or someone else at Erickson's and yourself are going to work this issue out directly since it does not require the drafting of any legal documents. Once the accounting has been completed, some sort of a confirming letter should be prepared so • that everyone is satisfied that this matter has been properly completed and appropriately documented. If you need assistance, please advise. 'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAH ASSOCIATION "CERTIFIED AS A REAL PROPERTY LAN' SPECIALIST BY THE MINNESOTA SLATE BAR ASSOCIATION Mr. Ken Merrill August 17, 1993 Page 2 The next issue has to do with the allocation of real estate taxes between the grocery store and liquor store condominiums. Joan and I have discussed this issue and unless someone strenuously objects, the real estate taxes will likely be divided on the basis of percentage of occupancy as set forth in the documents. As I mentioned to you, I did speak with representatives of the County and even though the condominium plat was not recorded by July 1, the County did agree that since the deed in this case was dated in April, the County would agree that the property would be treated as municipal property even though the deed was not recorded by the alleged July 1st deadline. Again, it appears that all work in connection with this particular item has been completed. The resolution vacating a portion of First Avenue has been passed and duly recorded so this issue is resolved as well. 0 The only remaining responsibility of this office with respect to • the Phase II development as far as I can recall or my notes reveal, as to do with cleaning up some title issues that are left from the closing occurring last fall. I have sent out corrective deeds to deal with these issues and I hope to have the matters resolved in the next 30 to 60 days. Please do not hesitate to contact me should you have any questions. Thank you. Best personal regards. Very trul ours, ARNOL DOWE G. Barry Anderson GBA:lm Enclosure CC Gary Plotz 0 June 3, 1993 G. Barry Anderson Arnold & McDowell 101 Park Place Hutchinson, MN 55350 Re: Hutchinson Festival Foods Project Dear Barry: This letter is written to follow up on our recent telephone conversation concerning the noted project. The following matters will require attention in order to bring the transaction to final conclusion, to -wit: 1. City Conveyance of Redevelopment Parcel to Erickson's In connection with the conveyance of the redevelopment parcel to Erickson's, the following actions need to be taken by the City: (a) Title defects identified by Universal Title need to be corrected; (b) Assessments ,which were -of recsarri as to the property on the .date of the closing need to bu ld- ..ar„ J7JR=nVJad_ - --`'�P _�... •�LJn�rai'.� in question are coded numbers 396, 961 and 965. These assessments affect both Lot 1, Block 1, Hutchinson Downtown Redevelopment Plat No. 2 and Lot 2, Block 1. Set forth below is an itemization of the total amount due for each of the noted assessments, as well as the portion thereof that has been certified into the 1993 taxes, to -wit: U 2 Frankly, the continued pendancy of these assessments is a nuisance and an administrative nightmare. Therefore I would ask that you take immediate steps to either pay oft the assessments or have them otherwise removed from the affected parcels. (c) Vacation of a portion of First Avenue to the extent necessary to accommodate the expansion of the building, and preparation and execution of a . perpetual License Agreement to permit the encroachment of certain building elements into the First Avenue right of way. To facilitate the foregoing, I am enclosing herewith a legal description of the parcel which is covered by the condominium, as well as a legal description for that portion of First Avenue which must be vacated. I am also enclosing a copy of the condominium plat which shows the encroachments which will need to be covered by the perpetual License Agreement. Conveyance of Liquor Store Condominium to the Citv In connection with the conveyance of the liquor store condominium to the City, the following matters will require attention: (a) Recording of the Condominium Plat and Declaration. As previously discussed, these documents cannot be recorded until the items noted in subsection 1(c) are resolved. As soon as you can complete the noted items, we will be in a position to proceed with recording of the plat and related documents. * We have been unable to secure these balances. Perhaps you can help. Amount Included Code Balance in 1993 Taxes Lot 1 396 $* $ 686.18 961 $* $ 178.54 965 $* $ 377.32 Lot 2 396 $* $ 686.18 961 $* $ 178.54 965 $* $ 377.32 Frankly, the continued pendancy of these assessments is a nuisance and an administrative nightmare. Therefore I would ask that you take immediate steps to either pay oft the assessments or have them otherwise removed from the affected parcels. (c) Vacation of a portion of First Avenue to the extent necessary to accommodate the expansion of the building, and preparation and execution of a . perpetual License Agreement to permit the encroachment of certain building elements into the First Avenue right of way. To facilitate the foregoing, I am enclosing herewith a legal description of the parcel which is covered by the condominium, as well as a legal description for that portion of First Avenue which must be vacated. I am also enclosing a copy of the condominium plat which shows the encroachments which will need to be covered by the perpetual License Agreement. Conveyance of Liquor Store Condominium to the Citv In connection with the conveyance of the liquor store condominium to the City, the following matters will require attention: (a) Recording of the Condominium Plat and Declaration. As previously discussed, these documents cannot be recorded until the items noted in subsection 1(c) are resolved. As soon as you can complete the noted items, we will be in a position to proceed with recording of the plat and related documents. * We have been unable to secure these balances. Perhaps you can help. (b) Allocation of real estate taxes between the grocery store and liquor store condominiums. We are prepared to proceed with this step, but will be unable to do so until the condominium plat is recorded. Again, recording of that plat cannot be accomplished until the items noted in subsection 1(c) above have been completed. It is my understanding that if we are not able to file the condominium plat by July 1st, 1993, there will be real estate taxes charged to the liquor store condominium in 1994 and the City will be obligated to pay the same. As a result, if we are going to avoid this result, we will need to proceed very quickly with the vacation of First Avenue. (c) We will need to reconcile the amounts paid by the City in closing on the purchase of the liquor store condominium with the actual final costs incurred for the liquor store. At closing, the City paid the total sum of —$314,526.41, as follows: Purchase Price (paid 4/2/93) $300,179.00 Reimbursement due seller • for redevelopment site soil correction (paid 4/5/93) $ 17,411.00 Less the following adjustment: Credit for state deed tax ($ 991.65) Credit for bookkeeping adjustment ($ ,2,071.94) Total Amount Paid: $314,526.41 This payment was based on estimated costs as set .forth .-in a memarandum which was presented at closing. Attached to this letter i�s a memorandum which establishes what the actual costs of the liquor store were. Based on actual costs, the sum the City is obligated to pay is $310,581.35, computed as follows: Purchase Price $294,162.00 Reimbursement due seller for redevelopment site soil correction $ 17,411.00 Credit for state deed tax ($ 991.65) Total Amount Due: $310,581.35 Based on the foregoing, a credit is due the City for the sum of $3,945.06, which represents the amount overpaid at closing. (Please note that the adjustment for a bookkeeping error that was reflected in the initial closing, has been incorporated in the body of the cost computations set forth in the enclosed memo.) It is my understanding that Erickson's has provided the City with certain furnishings, fixtures and equipment for the liquor store and that they are in the process of preparing an invoice for the same. My suggestion is that the credit due the City noted above, be credited against amounts due from the City to Erickson's for furnishings, fixtures and equipment which Erickson's has provided. Unless I hear to the contrary, I will have EricksoW s reflect that credit in their invoice to you. (d) We will need to allocate the real estate taxes due and payable in the year 1993. Assuming that the City has paid or caused the removal of the old assessments identified above, the remaining taxes • for the year will be $6,190.52, and the City's allocable share thereof will be $550.99, computed as set forth below: Code 9034 (storm sewer, sanitary sewer, watermain) $6,190.52 Unit 1 x 88.1% $5,453.85 (Festival Foods) Unit 2 x 11.9% S 736.67 (Municipal Liquor) $6,190.52 Per diem allocation of Liquor Store Share based on 4/02/93 closing Buyer's share is 273/365 of $736.67 or S 550.99 My suggestion is that Erickson's pay the taxes, when due, and that they submit an invoice to the City for the City's share thereof. 0 L J 0 0 (e) We will be providing the City with a commitment for an owner's title insurance policy on the liquor store condominium, once the title matters referenced above are resolved. (f) We will be providing the City with copies of subcontractor warranties when the same are available. We anticipate that we should have all the warranties within the next few weeks and will provide you a booklet of the same. 3. Delivery of Possession of More 4 Store At the present time, Erickson's anticipates that they will be vacating the More 4 building in the near future. I will advise you of a date when one is established. once they have vacated the facility, we will need to adjust for operating expenses, including a proration of real estate taxes on the building. I believe that the foregoing require attention in order closure. In the event you feel free to contact me continuing cooperation and appreciated. Very truly yours, THE EVEREST GROUP, LTD. 0 C. William Franke cc: Doug Driscoll Ron Gilbertson CWF /jk outlines all of the items which to bring this matter to full have additional items, please at your convenience. Your assistance herein is much i 37 WILL Ilington Avenue West (612) 587 -5151 E 0 August 10, 1993 &name& &title& &street& &zip& Dear &greeting&, Hutchinson, Minnesota 55350 FOR ,YOUR INFORMATION A friendly informative reminder that Hutchinson's Municipal and Plumbing Codes require all properties to be connected to municipal sanitary service. (See attachments.) Our records indicate that service is accessible to your property, therefore we are requesting your cooperation and compliance. The Hutchinson City Council realizes you may have some extenuating circumstances, and has directed staff to work with you on this matter. Enclosed for your convenience are the applicable permit forms to be completed prior to construction. If you have any questions, please contact Jim or Mark in the Building :Inspection Dept. at 587 -5151. Best regards, CITY OF HUTCHINSON PLANNING STAFF cc: Planning Staff /Commission - F.Y.I. Mayor and City Council - F.Y.I. u ,Mr. Datlof Weseloh,1109 Lewis, Hutchinson MN 55350, ,Vineyard Methodist Church,1395 South Grade Road,Hutchinson ,Mr. Brad Rasmussen,26 North High Drive,Hutchinson MN 55350 ,Mr. Tim Raczmarek,36 North High Drive,Hutchinson MN 55350,' ,Mr. Brent Schmeling,1207 Oakwood Lane,Hutchinson MN 55350, ,Mr. Dan Holy,1216 Oakwood Lane,Hutchinson MN 55350, ,Jeff's Auto,306 Hwy. 7 East,Hutchinson MN 55350, ,Mr. Roger Lund,1014 Hwy. 15 So.,Hutchinson MN 55350,_ ,Mr. Harvey Homan,546 School Road So.,Hutchinson MN 55350,_ ,Mr. Ron Hansen,1325 South Grade Road,Hutchinson MN 55350, ,Deane Diete1,845 -2nd Avenue S.E.,Hutchinson MN 55350, ,Mr. Bradley Olson,1312 Delaware Street,Hutchinson MN 55350 ,Mr. Ben Jerabek,145 Erie Street So.,Hutchinson MN 55350,. ,Dungarvin,160 Illinois Street,Hutchinson MN 55350, ,Mr. Arnold Albrecht,428 High Street,Hutehinson MN- 55350, ,Mr. R. W. Peterson,310 Hwy. 7 East,Hutchinson MN 55350, ,Mr. Leon Koebrick,545 Hwy. 7 West,Hutchinson MN 55350, ,Mr. Jerome Peterson,780 Hwy. 7 West,Hutchinson MN 55350,. ,Hutch Mfg. 8 Sales,840 Hwy. 7 West,Hutchinson MN 55350,. ,Mr. Richard Krueger,935 Luedtke Lane,Hutchinson MN 55350; - - -- ,Mr. Robert Williams,945 Luedtke Lane,Hutchinson MN 55350, ,Mr. Darrell Haugen,5 Northwoods Avenue,Hutchinson MN ,All Season Landscape 6 Design Inc.,1020 Hwy. 7 West,Hutchinson Hutch Landscape,Florian Thode,327 Hwy. 7 East,Hutchinson MN • ,Cenex,201 Lind Street,Hutchinson MN 55350,Sir ,Mr. Darrell Haugen,5 Northwoods Avenue,Hutchinson MN 55350, u 34 a. Building Serer Grads. Mhenever poseihie, the building barer •bail be brought to the building at an elevation below the basement floor. In gravity, 411 buildings is wbieb any, building sanitary sewage carried a byi, such building drain •hall�belliftedsby an approved means and discharged to the building serer. P. Storm and Groundwater Drains. It is unlawful for any person to make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which is connected directly or indirectly to a sanitary serer. All existing downspouts or groundwater drains, etc., connected directly or indirectly to a sanitary serer shall be disconnected within sixty (60) days of the date of an official written notice from the Council. G. Conformance to Codes. The connection of the building serer into the sanitary -aers; shall - conform to the requirements of the State Building Code, or other applicable rules and regulations of the City or the procedures set forth in appropriate specifications of the ASTM and NPCP Manual of Practice No. 9. All such connections shall be made gas -tight and water- tight. Any deviation from the prescribed procedures and materials must be approved by the Council before installation. B. Inspection Connection. The person making a connection to a public sewer shall notify the Council when the building sewer is ready for inspection and connection with the Public sewer. The connection shall be inspected and approved by the Council. L Sewer the authority to establish nand t Pegs. enforcese ere onnectionafees aas deemed appropriate by the Council. J. the building sever barricades; installationR shall a be adequately equations for guarded with barricades and lights so as to Streets, sideralksy protest the, public trot habard. parkways, and other publis.property distutbsd In the course of the work shall be ssatotsd im_J. . an as - .42- --"^a M -ws tanks, mound systems,, property of er on sits systemspsAallybeac�gnir�dito t hookup to the sanitary serer system unless granted•a variance by the Council. serer line trom the Dui ding to the am in sariz line. responsible tot the Subd. !. violations sad penalties. . • of Subdivisions luthi through Nuisance. 40 inclusive, oor Subdivision si. Subparagraph G, or Subdivision 7, hereof, shall constitute a public nuisance as that term is defined in the City Code. 76 (7 -1 -89) o� 411A V, 4725:0300 CoWtU IMMMArZOWg a PusoIMr, • Subpart 1. Cedes of horlsattal i P. /715.1100 and 4713.2310, subpart 2, P Ply See parts Subp. 1. Changes of direction. Subp• 3. Prohibited fittings. ee art 4715.2410. Subp. /. Protsrtioe of mss. Sae part 4715.1420. Pass through Walls shall be material. All pipes Passing passing through or in contaettrith einderbrpkaga. All under Corrosive aaterial shall be concrete, pipes protected • ainst or other by h protective Coating, wrapping, •sternal eorroslo, aueA corrosion., PPing or other scans that will resis- Subp. S. Sorkaansblp. Workmanship shall be Of such character as to secure fully the results sought to be obtained in all sections of the code, SOP. 6. Prelusion of materials datrlsestsi to drainage system. See parts 4715.1600 and 4715.1610. STA! AMI KS s 326.37 to 326.45 4715.0310 0SP OP PDLIC SMM AND YA ST C.S�c publi sT--- is nett f62 ng or premnd the eonneetlon Street or alley to a s tram any lubing system sa Plot feasible, liquid arged into the public aewar unless otAerwAS�wst ub ode or a local ordihanee. Prohibited by distribution system must aecessr e, t e re Cted • Permitted by the administrative to it unless otherwise out of service authority. because a A rater wall taken supply must either Maintained person is C04"c"" to a public rater or sealed and abandoned for a Ise sueb as irrigation, la or Well Construction Cod accord with the ltimassote p•tur (Minnesota If either a Pules, chapter 4725) not available, public sewar or rater supply system or both as individual are rater supply or sewage disposal system, ra barb, eontormlmg to the published atatk4rda administrative authority of Pas &&at a �ot1M, MrOebileder building with • fawa its OUR independent vaeseetiam nay be mama N sower, �� that a �K asim, s on �r awn msmoles the premises, and Which era e0aatrmetN These manholes gust to • Public Of private onform to sewer. sever authority. O0°losm to Pas standards vac by thm loco LTA! AUftr MS s 162.611 326.37 to 326.45 0813 P dP 13571 25 SP 76 4715.0320 CWyQtl{JKZ 1262 Subpart i. �• ' Soope. As prodded is Minnesota Statutes, section 326.37, the Minnesota plumbing Code applies Plumbing installations, to all mw including additions, e:tsnsioes, alterations, and replacements connected to a water or sewage disposal system owned or operated by or for a sualelpallty, 21 ,. _ ,tit r .:.:� ¥ ..� �.',.:. + : , .. ;.:._. .. ,':. t ... .' ... � .i f: ��',#�#_,3 � " :c s i. ....;' au s:6a:.,# �� . �. F' � . >'�i.��.et,,...':�:......tsi.: _ , . .• r.. rs� -.. ICr' F 4:.y4 f.. .. ._ �•, �. r.. c1 i� ,F'?ts'�`ii�1P�ts,&ii5:'iaii�s ",sue 2im c;_ +-_ y.sle + a -im:; . - � ,.. Fs c..,. ._ �a'•'...'a �x��.w }., .4..ed � `w �'a "�6I.�.�.�.f;�%i'w`.�'s'r} �kiWv; n�,� .. . -. ., s .. L a6 a ..,.+, 11ti �i '�,tsr�a ��i.�ti x41�`c` �. .ri�3a.,i1" ,�iRyy i, t�'� �` :��`�.� ��i mmmmmw �,m m nommm RRFkm® REM® a� ": o oam a.,1 ■ii ■IIIIII�! ■1111 CITY OF HUTCHINSON LIQUOR STORE COMPARISON JANUARY 1993 - _________________________________ ______________________________. JANUARY BY TOTAL 1993 LIQUOR BEER NINE MISC.-__ TOTAL HT NEE[ " 1 NEW YEARS DAY - 0 '' 2 1851 2736 510 225 5322 4 737' 1116 131 111 2095 5311 S 887 1230 245 68 2430 - 6 965 1070 242 203 2380 I 7 1342 1501 351 198 3392. 9 1906 3034 536 208 5684 9 2250 3124 436 242 6052 it O 22033 11 1118. 1073 176 100 1467 <, 12 7S2 1190 - 169 96 2207 13 1176 1261 296 148 2881 14 1220 1679 310 144 3353 is 2304 3238 557 236 6335 16 2946 2918 538 239 6641 0 23884 10 974 1084 182 143 2383 - 19 1059 1366 190 141 2756 20 1093 1598 200 133 3024 c 21 1188 1597 380 115 3280 22 2466 3542 544 233 6787 - 23 2307 2718 568 243 5836 0 24066 tj 25 903 1183 213 116 2415 26 771 961 185 85 2002 _ 27 1059 1283 159 101 2602- 28 1402 1697 269 138 3466 I 29 2124 3461 597:,. 224. 6406 30 2802 4776 729 305 8611 '. 25523 '. TOTAL 37604;. 50436 8713 4075 100828. 92 TOTAL 35953 52271 8308 3620 100151 f OF SALE 37'- 50 9 4` "...0 100 SAME INC OR DEC. $676 -.... 0.67 -. .. f f f f I f f N p M w M v u » s a i- - .. - - - - _Il - 'i -� -- ��• I '1 7 I 11! ` '• li I� tl ^ 3 _I. ..�o� +a f "ri�-- I.; � f i P- L r � _ T- I A .4 . I ... CITY OF RUTCHINS019 LIQUOR STORE CONFARjpON JANUARY 1993 __________ _ _ ____ JAN[TARY --------------------------- NIsc. --------------- LIQUOR BV�R VINE _ -1993 - - --- r- -- -- -- -- 1 MR YEARS DlY 2 1851 r 2736 510 4 737 1116 131 5 087 }230 245 6 965 1070 242 7 1342 1501 351 8 1906 3034 536 9 2250 3124 436 11 1110 1073 176 12 752 1190 169 13 1176 1261 296 14 1220 1679 310 15 2304 3238 557 16 2946 2918 538 18 974 1084 182 19 1059 1366 190 20 1093 1598 200 21 1188 1597 380 22 2468 3542 544 23 2307 2718 568 25 903 1183 213 26 771 961 185 27 1059 1283 159 28 1402 1697 269 29 2124 3461 597 30 2802 4776 729 TOTAL .37604. 50436 8713 92 TOTAL 35953 52271 8308 % OF SALE 37 - 50 9 SALES INC OR DEC $676 --------------------------- NIsc. --------------- TOTAL BY VEER -- ---- - -- - -- 225 5322 0 5322 111 2095 68 2430 103 2380 198 3392 208 5684 242 6052 0 22033 100 2467 96 2207 148 2881 144 3353 236 6335 239 6641 0 23884 143 2383 141 2756 133 3024 115 3280 233 6787 243 5836 0 24066 116 2415 85 2002 101 2602 118 3486 224 6406 305 8612 25523 4075 100828 3620 100152 4 0 100 0.67 i L is it PTONEERLANO LIBRARY SYSTEM 7/13/93 INTEGRATEO FINANCIAL SYSTEM 15:41:32 01 FUND STATEMENT OF REVENUES AND EXPENDITURES DESCRIPTION _ EXPENDITURES SALARIES AND WAGES EMPLOYER'S SHARE HEALTH INSURANCE __ HEALTH INSURANCE_- DEDUCTIBLE EMPLOYER'S SHARC RETIREMENT TN3U4ANCE 30OKS - ADULT PERIODICALS.. VIDEO TAPES OCLC AND JTHER CHARGES .- CON VENDOR CHARGES _ _ VEHICLE OPERATION VEHICLE INSURANCE TELEPIONE AND LINE= HARGES ._ POSTA:.E AND SHIPPING NEW EQUIPMENT MAINTENANCE AND CONTRACTS SUPPLIES AND PRINTIN. PROMOTIONAL AND PROGIAMMING 41LEAGE AID_MEETiNGS__ STAFF _- -- MILEAGE AND MEETINGS - TRUSTE E�� WORK COMP /PROPERTY /LIABILITY INSURANCE ADS AND LEGAL NOTICES AJDITIN3 -- � - -- — BOOKKEEPING CONTINUING, ED /SCHOLARSHIP . FUND ExiENSIJN CONTRACTS - - STATE SALES TAX TOTAL EXPENDITURES CURRENT YEAR MONTH TO-OAF U COUNTY 34 IFS570 PAGE l AS OF 7/31/93 EDO: 7/13/93 13:18:14 Y OF T OF - BUDGET BOGT YEAR 77.004.63 rt0 535.579.23 ++ 99U•323.00 sr 54 58 2,877.96 sr 19,090.90 ■• 31,828900 is 60 58 - - ---- -- —.00 t♦ 32227.31 at �,.- 8.704.67 _ •t 61,005,96 st 106.395.00 ++ 57 SB 13,d83.i2 rtrt 1089866.49 es 235,630.00 ►+ 46 58 - ____78_0.73__ at _ 202149.46 et 36.092.00' ert 56 58 423.114 •r 3,744.60 ++ 7,020.00 tt b3 58 109000.00 ert 18,554.10 et 209250.00 st 92 SB __,_ 255.00 _ +rt _. _ 14,.360.23 +• 33.500.00!+_ 59__,_` 2.592.d8 +s 100090.60 rtt 18,240.00 a+ __43 5S 5B .00 st 2.484.64 ♦♦ 3.500.00 b 71 S8 515.46 +s _._. 79_833.0d tt 12.5_00.00 •• 63 59 1.088.54 .t 8,322,57 rtt 12.686.00 _ __ R0 - l06 58 .00 ++ 3,692.53 at 2.298.00 tt 'ibl 58 1#163.10 +t 9.2692.42 ++ Ib,300.00 s■ 59 58_ 1,547.42 +s 15.290.23 as 279145.00 st _ 56 58 156.15 t9 2,349.04 s♦ 3,492.00 q 67 59 241_.15 _ +• 3,325.93 es 7.000.00 tt ♦8 615.04 �• 39412.30 tt 6.000.00 et 57 _58 58 135.00 +t 11,774.99 $0 12,737.00 tr 92 58 - ___ _110_.32 353*24 00 +r 11 SB - .00 1,850.00 as 1rd50,00 +• l00 58 225.00 +s 1,575.00 tt 2,635.00 et &6 58 __3,427.o4 t♦ _3,595.21 •+ 1,500.00 #0 240 261.16 ++ 3.430.66 t+ 22,274.00 t+ _ ___59 '1S SO 1.084.75 art 1,997.84 sr 91376.00 +0 21 58 ___ 127,096.56 tit• 8759648.58 strt 196219276.00 trts 54 58 " 171 6/02/93 163 ?0:44 COMBINED _- -0ESCRIPTION 2ESERVE 3•SIC STATE /FEDERAL AID CUUNTT _. -... ...- .._._. ::11PP_4A LQUVTY KAN]IYOHI T.JUYTY LAC 3J1 -PARLE CuUVTY_._- .._._._. NC LE07 C:IUiM MEEKER COUNfY SHIFT CJUaTY YELLC:: MEDICINE COUNTY APPLETI:! FAIRFAX GRAC_VILL: JRANIT: FALLS KERK40VER LLTCHFIELO - RTY-iA-L- ---- ---- .. ---- '- -. lR i.7FlV I L L: AILL9AR ISLAUn nAWSON -. _. .. ... _. 44LCTnl _ . _.. RCIIV IL LI: AfNATc7 MONTEVIDEO SREEY LAKE TOWNSHIP ASCWTS E SALES TAX C FTS I%TE1EiT JTHER__ ?EL11 n,J35c•l E'IT _ __ .-._- - TOTAL REVENUES ALL EXPENDITURES 1 P["1t5RLAND LI_IARY $YiT01 1 ;L :'RAT_D I IHtNCIAL SYST_M STATEMENT OF REVENUES AND EXPENDITURES i COUW Y 34 IFS570 PAGE 1 AS OF 7/31/93 EDO: 8/02/93 13:25:0d CURRENT YEAR ! OF X OF .._..__MONTH _- TO-DA AE BUD ET .00 so 35,023. 000 so 859992. 24Lt444:4Q4Rtt $s 75,_ 3S. 024.50CR ♦• 106,088. 32#325.2501 so 96,915. US0-..I5CR is 29,562• 22,526.0008 so 679518. 20,L17.5OCR kk 60,352. -- ---.-- ... J_ a , 50LR kk 56.641• -111 9,0113.50ca so 2U98100 12,306.25Ca sr 36,918. ---- ---- _.- ---...__'__' .00 0 8.089034. 50356.50CR s• 179569. 2,482.0008 so 7,446• l,159•TSCR r• 6,156.75CR •• _uQ so 19147.75CR +t 129330.000R so R so 4209780.000R so 20 58 R so 24Lt444:4Q4Rtt $s 75,_ kk R so 1449118.0008 +0 75 -.58 -- 58 R 00 1399301.0004 so 70 $9 R is 399246.000R ss 1558 75 R so 90,104.0008 t• i5 58 R so 809470.0008 so 75 58 R.±s 75s522.00CR is 75 5B - R so 3894390000R sk is Si R s+ 499225.0008 so TS 58 R kt t0.7t3.00CR to TS SR R so 99928.000R is 75 58 3009.2 R ++ 49679.000R so 75 69 18,470.2 R $s 249627.000R kk TS 5B 49911195 R rk 659492.000R so 75 58 39443.2 R so 49591.000R so 75 5? 369990.0 R rs 499320.000R so 75 58 3,U60.000R k• 119580.0 .JO so 64,204.7 •D0. so 91063.7 -.. _ - 3,644.50CR _!!. .. __.____ s• 11,533.5 000 s+ 79929.0 - '04. -- 4 =- - -- _13949412 .on ♦• 10,194.7 .30 •s 3,000.0 .0g- !1_!s =-�0 - -- .UO -'-` -- so - -00.0 .0 .UO so 750.0 TS SB, R •s 3,15J.U06R to 21,696.6 346.i CCi •• 13,033.3 '16.34Ca_s�__._.__ 100 58 _1 215,020.76CR iktt 190289220.5 127,oa6.56 ssss 8759648.5 R +• 15,440.0008 ss 75 l9 R •• 101,473.000A so d3 $8 R_ ++ t2,085*00CR •s 75 50 R *s 15,378.000R -_ 75 _ 58- R s• 109572.000R so TS 58 !1_!s l._1_ }.3 416•OOCQ_. so IT S8 N 00 13073.0061 i0 TS SB, R •s 3,000.00C3 •• 100 58 R ss 3.000.00CR ♦s 100 58 R tk R s+ 27=364.000R t+ 60 58 _ R so 2,0130JOCR sa 1079 58 R ►• 390000000 •k 434 58 RR so - kktt 196219276.00 ssss 54 58