cp03-08-1994 c• AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, MARCH 8, 1994
1. CALL TO ORDER - 7:30 P.M.
2. INVOCATION - Rev. Dan Cloeter, Our Savior's Lutheran Church
3. CONSIDERATION OF MINUTES
REGULAR MEETING OF FEBRUARY 8, 1994 AND FEBRUARY 22, 1994
Action - Approve as distributed - Approve as amended
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - FEBRUARY 1994
2. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
MINUTES OF FEBRUARY 15, 1994
• 3. LIBRARY BOARD MINUTES OF FEBRUARY 17, 1994
(b) RESOLUTIONS AND ORDINANCES
(1) ORDINANCE NO. 94 -104 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, ADOPTING SECTION 6.41 TO THE
CITY CODE ENTITLED "TATTOOING" AND ADOPTING, BY
REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS (SECOND READING AND ADOPTION)
(2) ORDINANCE NO. 94 -105 - AMENDMENT TO ZONING ORDINANCE
NO. 464, SECTIONS 8.12, 8.14 AND 8.15 REGARDING
TATTOO ESTABLISHMENTS, MASSAGE ESTABLISHMENTS AND
ADULT ENTERTAINMENT ESTABLISHMENTS
(SECOND READING AND ADOPTION)
(3) RESOLUTION NO. 10163 - RESOLUTION ORDERING
PREPARATION OF REPORT ON IMPROVEMENT, PROJECT NO.
94 -19 (MCDONALD DRIVE /EAST OF HARVEST STREET TO
MOBILE HOME PARK)
(4) RESOLUTION NO. 10164 - RESOLUTION RECEIVING REPORT
AND CALLING FOR HEARING ON IMPROVEMENT, PROJECT NO.
94 -19
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CITY COUNCIL AGENDA - MARCH 8, 1994 •
(5) RESOLUTION NO. 10165 - RESOLUTION ORDERING
PREPARATION OF REPORT ON IMPROVEMENT, PROJECT NO.
94 -27 (HURON STREET SANITARY SEWER /SECOND AVE. SE
TO SOUTH)
(6) RESOLUTION NO. 10166 - RESOLUTION RECEIVING REPORT
AND CALLING FOR HEARING ON IMPROVEMENT, PROJECT NO.
94 -27
(c) APPOINTMENTS
(1) SENIOR ADVISORY BOARD - JOHN AUL & TERESA HATTEN
(2) PLANNING COMMISSION - GLENN MATEJKA
(3) LIBRARY BOARD - JOYCE BEYTIEN
(4) PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY
BOARD -
(d) AGREEMENT FOR STATE AID FOR AIRPORT MAINTENANCE AND
OPERATION (ADOPT RESOLUTION NO. 10167)
Action - Motion to approve consent agenda items •
5. PUBLIC HEARING - 8:00 P.M.
(a) PROJECT NO. 94 -04, LETTING NO. 4 (SOUTH GRADE ROAD /OTTER
LAKE CROSSING)
Action - Motion to close hearing - Motion to reject -
Motion to approve and order preparation of plans and
specifications - Motion to waive reading and adopt
Resolution No. 10161
(b) PROJECT NO. 94 -06, LETTING NO. 6 (OSGOOD /HAYDEN ADDITIONS
AND ADJACENT AREAS)
Action - Motion to close hearing - Motion to reject -
Motion to approve and order preparation of plans and
specifications - Motion to waive reading and adopt
Resolution No. 10162
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) PRESENTATION OF 1993 CRIME REPORT BY CITY ATTORNEY
AND ASSISTANT CITY ATTORNEY
Action -
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0 CITY COUNCIL AGENDA - MARCH 8, 1994
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7. RESOLUTIONS AND ORDINANCES
SEE CONSENT AGENDA
8. UNFINISHED BUSINESS
None
9. NEW BUSINESS
(a) CONSIDERATION OF CITY CENTER STORAGE SHELVES
Action - Motion to reject - Motion to approve
(b) CONSIDERATION OF RECEPTION DESK MODIFICATIONS AT CITY
CENTER
Action - Motion to reject - Motion to approve
(c) CONSIDERATION OF APPLICATION FOR TRANSIENT MERCHANT
LICENSE FROM CLOTHING CONCEPTS, INC.
Action - Motion to reject - Motion to approve and issue
license
(d) CONSIDERATION OF APPLICATION FOR SOLICITORS LICENSE FROM
PREMIER PORTRAITS INTERNATIONAL INC.
Action - Motion to reject - Motion to approve and issue
license
(e) CONSIDERATION OF REQUEST FROM AIRPORT COMMISSION TO
APPROVE USE OF CONTINGENCY FUNDS FOR CONSULTING SERVICES
WITH TKDA RELATED TO PHASE II AIRPORT EXPANSION
PRELIMINARY APPLICATION
Action - Motion to reject - Motion to approve and enter
into agreement
(f) CONSIDERATION OF CONSULTING AGREEMENT WITH RUST
ENVIRONMENT AND INFRASTRUCTURE REGARDING COMPREHENSIVE
SANITARY SEWER PLAN
Action - Motion to reject - Motion to approve and enter
into agreement
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CITY COUNCIL AGENDA - MARCH B, 1994 is
(g) CONSIDERATION OF CONSULTING AGREEMENT WITH RUST
ENVIRONMENT AND INFRASTRUCTURE REGARDING WATER SUPPLY
CONSULTING SERVICES
Action - Motion to reject - Motion to approve and enter
into agreement
(h) DISCUSSION OF DATE FOR OPEN HOUSE AT CITY CENTER
Action -
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 •
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MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, FEBRUARY 8, 1994
1. The meeting was called to order at 7:30 P.M. by Mayor
Torgerson. Present were: Mayor Marlin Torgerson, Council
Members Bill Craig, John Mlinar, Kay Peterson, and Don
Erickson. Also present: City Administrator Gary D. Plotz,
City Engineer John Rodeberg, and City Attorney G. Barry
Anderson.
2. The invocation was given by the Reverend Larry Johnson.
3. MINUTES
The minutes of the regular meetings of January 11, 1994 and
January 25, 1994 and bid opening minutes of January 18, 1994
were approved as distributed.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - JANUARY 1994
2. LIBRARY BOARD MINUTES OF JANUARY 6 & 20, 1994
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 10151 - RESOLUTION FOR PURCHASE
2. ORDINANCE NO. 94 -99 - AN ORDINANCE AMENDING ZONING
REGULATIONS IN THE CITY OF HUTCHINSON AND THE
OFFICIAL ZONING MAP (PARKSIDE SECOND ADDITION)
(SECOND READING AND ADOPTION)
3. ORDINANCE NO. 94 -100 - AN ORDINANCE AMENDING ZONING
REGULATIONS IN THE CITY OF HUTCHINSON AND THE
OFFICIAL ZONING MAP (MCKIMM TRANSIT)
(SECOND READING AND ADOPTION)
4. ORDINANCE NO. 94 -101 - AN ORDINANCE REVISING ZONING
ORDINANCE NO. 464 FOR THE CITY OF HUTCHINSON
(SECOND READING AND ADOPTION)
5. ORDINANCE NO. 94 -102 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION
10.32, SUBD. 1 GOVERNING MINNESOTA UNIFORM FIRE
CODE; AND ADOPTING BY REFERENCE, CITY CODE CHAPTER
1 AND SECTION 2.99, WHICH AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS
(FIRST READING AND SECOND READING FEB. 22, 1994)
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CITY COUNCIL MINUTES - FEBRUARY 8, 1994
6. ORDINANCE NO. 94 -103 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA,
INCORPORATING AND ANNEXING CERTAIN TRACTS AND
PARCELS OF LAND INTO THE CITY OF HUTCHINSON AS MORE
PARTICULARLY SET OUT IN SAID ORDINANCE
(SAM MONTGOMERY PROPERTY - -52.3 ACRES)
(FIRST READING AND SECOND READING FEB. 22, 1994)
7. RESOLUTION NO. 10153 - RESOLUTION AUTHORIZING THE
MAYOR AND CITY CLERK TO MAKE APPLICATIONS TO THE
MINNESOTA DEPARTMENT OF NATURAL RESOURCES ON BEHALF
OF THE CITY
(c) PAY EQUITY REPORT
(d) STREET LIGHT ON HARMONY LANE
The motion to approve the consent agenda was made by Council
Member Erickson, seconded by Council Member Craig and
unanimously carried.
5. PUBLIC HEARING - 8:00 P.M.
(a) PROJECT NO. 94 -21, 94 -22 & 94 -23, LETTING NO. 11 •
Mayor Torgerson called the public hearing to order at
8 :00 P.M. and read the Notice of Hearing on Proposed
Improvement for Letting No. 11.
Engineer Rodeberg reviewed the area to be improved.
Charlene Anderberg, property owner of 141 Fifth Avenue
NE, inquired about Fifth Avenue being a truck route. She
stated she was against the project.
The City Engineer responded the street is not suited for
heavy truck traffic since it has never had a permanent
surface. There are designated truck routes on Sixth
Street to the north and Fourth Street to the south.
Alvin Exsted, property owner of 215 Sixth Avenue NE,
stated he would not be assessed for improvements because
he had been assessed for curb and gutter on Bluff Street
and Sixth Avenue and a new street on Waller Drive. Mr.
Exsted thought the City should do something about the
street or else close off the east end.
Ron Telecky, 607 Bluff Street, commented that in 1976 the
bituminous surface was never laid because the project
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• CITY COUNCIL MINUTES - FEBRUARY 8, 1994
contractor was behind schedule.
Clarence Hoodecheck, 317 Boulder Street, noted he was
representing his parents. They preferred to delay the
project, if possible.
Wesley Anderson, 153 Fifth Avenue NE, wondered if Bremix
trucks would continue to use Fifth Avenue as a truck
route. He asked if the street would be torn up again.
Mr. Anderson voiced opposition to the project.
Engineer Rodeberg commented that Fifth Avenue is a truck
route. However, if the project is approved, the street
will be signed "No Trucks."
Jerry Carrigan, 15 Fifth Avenue NE, noted he would like
a stop sign installed to protect the small children in
the area. He raised a question about a previous
assessment.
Dean Dietel, property owner of 125 Fifth Avenue NE,
stated truck traffic has torn up the street. He felt
there was a need for a street improvement, but he just
• paid off assessments.
Martin Prieve, 55 Fifth Avenue NE, inquired about the
storm sewer on Fifth Avenue. He noted the drain located
by his property plugs so that water runs across the
street. Mr. Prieve suggested the City put in a drain to
resolve the problem.
Floyd Schaefer, 6 Fifth Avenue NE, stated that in the
past two years there has been heavy truck traffic on
Fifth Avenue. He asked if he would be assessed for the
City repairing the intersection problem the State did not
correct.
Charles Munz, 75 Fifth Avenue NE, questioned if Fifth
Avenue would become a traffic route when work is done on
Hwy. 7.
Engineer Rodeberg reported the State determines a bypass
route one year prior to the date of the project.
Art Retzlaff, 79 Fifth Avenue NE, asked about the water
lines. He stated that once a year it was necessary to
have a roto router open up his lines. He also noted that
the water was poor quality when it was first turned on in
• the morning.
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CITY COUNCIL MINUTES - FEBRUARY 8, 1994
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7.
8.
9.
Deann Brinkman, 149 Fifth Avenue NE, wondered what the
stakes were for which were located on her property and
down the street. She inquired about the time frame of
the project.
Joan Kutzke, 476 Prospect Street, expressed agreement
that the street needed to be repaired. Her driveway is
located at the top of a steep incline. Ms. Kutzke noted
a rotten odor from her water pipes.
Richard Schumann, 486 Prospect Street, inquired about the
assessments on connections.
The motion to close the hearing at 8:50 P.M. was made by
Council Member Erickson, seconded by Council Member
Mlinar and unanimously carried.
The motion to approve and order preparation of plans and
specifications and to waive reading and adopt Resolution
No. 10150 was made by Council Member Mlinar, seconded by
Council Member Craig, and unanimously carried.
COMMUNICATIONS REQUESTS AND PETITIONS
None.
RESOLUTIONS AND ORDINANCES
SEE CONSENT AGENDA
UNFINISHED BUSINESS
None.
NEW BUSINESS
(a) CONSIDERATION OF ADDITIONAL ITEMS FOR CITY CENTER
The City Engineer recommended the following proposals be
accepted:
Water Softener - The Saltman
Cabinetry -
Insulated Overhead
Garage Door
Door - Automatic
$1,450.00
4,825.00
754.00
The motion to approve as recommended was made by Council
Member Craig, seconded by Council Member Mlinar and
unanimously carried.
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• CITY COUNCIL MINUTES - FEBRUARY 8, 1994
(b) CONSIDERATION OF AWARDING BID FOR OUTDOOR WARNING SIRENS
Following discussion, the motion to approve the low bid
from Federal Warning Systems in the amount of $42,512.14
was made by Council Member Mlinar, seconded by Council
Member Erickson and unanimously carried.
The motion to authorize advertisement for bids for
installation of the warning sirens was made by Council
Member Erickson, seconded by Council Member Mlinar and
unanimously carried.
(c) CONSIDERATION OF PROPOSAL FOR CERTAIN LEGAL SERVICES
Following discussion, the motion to approve the proposal
by Rider, Bennett, Egan & Arundel for labor and
employment legal services was made by Council Member
Erickson, seconded by Council Member Peterson and
unanimously carried.
(d) DISCUSSION OF LUCE LINE TRAIL AND HUTCHINSON PROJECT
(BICYCLE AND PEDESTRIAN FRIENDLY) STATUS
• Engineer Rodeberg reported there was potential federal
funding in 1994 -95 to cover about 80% of the project
costs for the Otter Lake /South Grade Road bicycle and
pedestrian crossing and the completion of the main
portion of the Luce Line Trail improvements, which would
include the survey and acquisition of the remainder of
the route and paving the entire project within the city.
The City will need to fund the remainder.
Following discussion, the motion to approve the
application for federal funding was made by Council
Member Mlinar, seconded by Council Member Peterson and
unanimously carried.
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(e) DISCUSSION OF FEDERAL (ISTEA) FUNDING
The City Engineer reported on changes in the federal
highway funding program and how it has affected the
city's projects. No action was required.
(f) CONSIDERATION OF CHANGE ORDER NO. 4 FOR CITY CENTER
Engineer Rodeberg reviewed the additional items on the
changer order for a total of $3,133.00.
Following discussion, the motion to approve the change
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CITY COUNCIL MINUTES - FEBRUARY 8, 1994 •
order was made by Council Member Mlinar, seconded by
Council Member Peterson and unanimously carried.
(g) CONSIDERATION OF PETITION FOR IMPROVEMENT PROJECT
NO. 94 -06, HAYDEN AND OSGOOD ADDITIONS
It was reported that a petition for local improvement was
received from the property owners in Hayden and Osgood
Additions. The petition meets the requirements of
Minnesota Statutes for requiring preparation of a report
and ordering a public hearing.
Following discussion, the motion to approve the petition
and order a report and to set a public hearing for March
8, 1994, at 8:00 P.M. and to waive reading and adopt
Resolution No. 10152 was made by Council Member Mlinar,
seconded by Council Member Erickson and unanimously
carried.
(h) CONSIDERATION OF CONSULTANT AGREEMENT WITH OSM FOR BRIDGE
ENGINEERING SERVICES FOR BLUFF STREET AND FIFTH AVENUE SE
BRIDGES
Following discussion, the motion to approve the Orr •
Schelen Mayeron & Associates contract for bridge
engineering services of the preliminary design phase for
the Bluff Street and Fifth Avenue SE bridges was made by
Council Member Erickson, seconded by Council Member
Mlinar and unanimously carried.
(i) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT BY
DOUGLAS PETERSON
The motion to approve and issue the permit was made by
Council Member Mlinar, seconded by Council Member
Erickson and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz reminded the Council of the two
upcoming joint meetings on February 10 with the Hospital/
Nursing Home Board at 7:00 P.M. and the County /Township
Officials at 8:00 P.M. The joint meeting with the
Utilities Commission is scheduled for March 8 at 5:30
P.M.
The City Administrator reported on the cost to hire a •
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. CITY COUNCIL MINUTES - FEBRUARY 8, 1994
facilitator to coordinate the Council's long -range
planning retreat on March 1.
Mr. Plotz reported the co- composting grant application
had made it through the first selection phase. Also, the
grant application for an educational program on
composting through the school system had passed the
preliminary approval.
The City has advertised for an Assistant Public Works
Director, and applications have been received.
It was noted Tom Eakins was seeking insurance coverage
for his skydiving business in Hutchinson, but it was not
resolved to date.
(b) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON
Council Member Erickson gave an update on HRA housing.
(c) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR
Council Member Mlinar inquired about an agenda for
• Thursday night's joint meeting.
(d) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG
Council Member Craig commended the Police Department on
the manner in which they responded to a recent emergency
situation. He commented that the City needs to pursue a
four lane highway into Minneapolis and not give up on the
project.
(e) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson commented on the relocation of a
downtown business and that the required conditional use
permit will be acted on at the March Planning Commission
meeting.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion to approve the claims and authorize payment
from appropriate funds was made by Council Member Mlinar,
seconded by Council Member Peterson and unanimously
carried.
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CITY COUNCIL MINUTES - FEBRUARY 8, 1994
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12. ADJOURNMENT
There being no further business, the meeting adjourned at 9:22
P.M.
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• MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, FEBRUARY 22, 1994
1. The meeting was called to order by Mayor Torgerson at 7:30
P.M. Present were: Mayor Marlin Torgerson, Council Members
Bill Craig, John Mlinar, Kay Peterson, and Don Erickson. Also
present: City Administrator Gary D. Plotz, City Engineer John
Rodeberg, and City Attorney G. Barry Anderson.
2. The invocation was given by the Reverend Harold Biederman.
3. MINUTES
The minutes of the bid opening of January 25, 1994 and
February 8, 1994 were approved as distributed.
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - JANUARY 1994
2. PLANNING COMMISSION MINUTES OF JANUARY 18, 1994
• 3. AIRPORT COMMISSION MINUTES OF FEBRUARY 1, 1994
4. TREE BOARD MINUTES OF JANUARY 27, 1994
5. HOSPITAL /NURSING HOME BOARD MINUTES OF DECEMBER 21,
1993 AND JANUARY 20, 1994
6. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
MINUTES OF JANUARY 18, 1994
7. HUTCHINSON HOUSING, INC. MINUTES OF JANUARY 18, 1994
8. SENIOR ADVISORY BOARD MINUTES OF JANUARY 20, 1994
(b) REPORT OF CITY INVESTMENTS
(c) RESOLUTIONS AND ORDINANCES
I. ORDINANCE NO. 94 -102 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION
10. 32, SUBD. 1 GOVERNING MINNESOTA UNIFORM FIRE CODE;
AND ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND
SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS
(SECOND READING AND ADOPTION)
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CITY COUNCIL MINUTES - FEBRUARY 22, 1994
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2. ORDINANCE NO. 94 -103 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, COUNTY OF MCLEOD, STATE OF MINNESOTA,
INCORPORATING AND ANNEXING CERTAIN TRACTS AND PARCELS
OF LAND INTO THE CITY OF HUTCHINSON AS MORE
PARTICULARLY SET OUT IN SAID ORDINANCE
(SAM MONTGOMERY PROPERTY - -52.3 ACRES)
(SECOND READING AND ADOPTION)
3. RESOLUTION NO. 10154 - RESOLUTION OF APPRECIATION
4. RESOLUTION NO. 10155 - RESOLUTION TO ADOPT AND
SUPPORT THE MCLEOD COUNTY VIOLENCE PREVENTION PLAN
5. RESOLUTION NO. 10158 - RESOLUTION RECEIVING REPORT
AND CALLING FOR HEARING ON IMPROVEMENT, LETTING
NO. 4, PROJECT NO. 94 -04 (SOUTH GRADE ROAD /OTTER LAKE
CROSSING)
6. RESOLUTION NO. 10159 - RESOLUTION AMENDING RESOLUTION
NO. 10152, RESOLUTION DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT, LETTING NO. 6,
PROJECT NO. 94 -06
7. RESOLUTION NO. 10160 - RESOLUTION RECEIVING REPORT •
AND CALLING FOR HEARING ON IMPROVEMENT, LETTING
NO. 6, PROJECT NO. 94 -06 (OSGOOD AND HAYDEN ADDITIONS
AND ADJACENT AREAS)
(d) DELINQUENT WATER AND SEWER ACCOUNTS
(e) RENEWAL OF CLUB LIQUOR LICENSES
1. AMERICAN LEGION 3. ELKS
2. CROW RIVER COUNTRY CLUB 4. V.F.W.
(f) OFFICE FURNITURE FOR POLICE DEPARTMENT
(9) APPLICATION FROM HUTCHINSON FIRE DEPARTMENT FOR PUBLIC
DANCE ON APRIL 23, 1994
(h) AMENDMENT TO ZONING ORDINANCE SECTIONS 8.12, 8.14 AND
8.15 REGARDING TATOO ESTABLISHMENTS, MASSAGE
ESTABLISHMENTS AND ADULT ENTERTAINMENT ESTABLISHMENTS
REQUESTED BY STAFF WITH FAVORABLE RECOMMENDATION OF
PLANNING COMMISSION (FIRST READING OF ORDINANCE NO.
94 -105 AND SECOND READING MARCH 8, 1994)
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• CITY COUNCIL MINUTES - FEBRUARY 22, 1994
(i) PRELIMINARY PLAT SUBMITTED BY KEVIN COMPTON AND DENNIS
KAHL FOR HUNTER'S RIDGE LOCATED ON SCHOOL ROAD AND SOUTH
GRADE ROAD WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION (ADOPT RESOLUTION NO. 10156)
(j) CONDITIONAL USE PERMIT AND REVISED FINAL PLAT REQUESTED
BY TERRENCE SWEDZINSKI FOR OAKRIDGE ADDITION TO BE KNOWN
AS HUSKI ADDITION FOR CONSTRUCTION OF 48 UNITS LOCATED ON
TEXAS AVENUE WITH FAVORABLE RECOMMENDATION OF PLANNING
COMMISSION (ADOPT RESOLUTION NO. 10157)
(k) FINAL PLAT OF HIEKES ADDITION, HUTCHINSON TOWNSHIP, TWO
MILE RADIUS WITH NO RECOMMENDATION FROM PLANNING
COMMISSION (REFER TO COUNTY)
(1) AGREEMENT WITH STATE OF MINNESOTA FOR TRI- AGENCY BUILDING
The motion to approve the consent agenda items, with the
exception of 4 -c (3 & 4), was made by Council Member Mlinar,
seconded by Council Member Erickson and unanimously carried.
The motion to waive reading and adopt Resolution No. 10154 was
made by Council Member Mlinar, seconded by Council Member
• Peterson and unanimously carried. Mayor Torgerson then
presented the Resolution of Appreciation to John Reynolds.
Police Chief Steve Madson reported on the McLeod County
Violence Prevention Plan. The motion to adopt the plan was
made by Council Member Erickson and seconded by Council Member
Mlinar. Council Member Erickson amended the motion that the
Police Chief present to the City Council a report on the
outcome of the plan after 60 days. Amended motion seconded by
Council Member Mlinar and unanimously carried. The main
motion carried.
5. PUBLIC HEARING
None.
6. COMMUNICATIONS. REQUESTS AND PETITIONS
(a) DISCUSSION OF PROPOSALS FOR FACILITATOR AT CITY COUNCIL
WORKSHOP
Following discussion, the motion to engage Government
Training Service (GTS), with Barbara Arney serving as
facilitator, and to set a cap of $900 was made by Council
Member Mlinar, seconded by Council Member Peterson and
unanimously carried.
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CITY COUNCIL MINUTES - FEBRUARY 22, 1994
•
7. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 94 -104 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, ADDING SECTION 6.41 TO THE CITY
CODE ENTITLED "TATTOOING" AND ADOPTING, BY REFERENCE,
CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
Following discussion, the motion to waive first reading
and set second reading for March 8, 1994 was made by
Council Member Erickson, seconded by Council Member Craig
and unanimously carried.
8. UNFINISHED BUSINESS
None.
9. NEW BUSINESS
(a) CONSIDERATION OF SETTING DATE FOR HUTCHINSON BOARD OF
REVIEW
Following discussion, the motion to approve and set the
date of April 27, 1994, at 4:30 P.M., for the Board of •
Review was made by Council Member Erickson, seconded by
Council Member Mlinar and unanimously carried.
(b) CONSIDERATION OF FINANCIAL ADVISORY SERVICES PROPOSAL
FROM FAHEY WARD & WILES AS CITY FINANCIAL CONSULTANT
Bill Fahey, President of Fahey Ward & Wiles, presented a
proposal on financial advisory services for the City of
Hutchinson. The City Council took under advisement the
proposal presented.
(c) CONSIDERATION OF ENERGY AUDIT OF CIVIC ARENA
Following discussion, the motion to approve the energy
audit proposal by Bonestroo, Rosene, Anderlik &
Associates for a cost not to exceed $3,500 was made by
Council Member Craig, seconded by Council Member Mlinar
and unanimously carried.
(d) CONSIDERATION OF APPROVING EXHIBITIONS BY DOOLEY AIR
SHOWS DURING 1994 MCLEOD COUNTY FAIR
Following discussion, the motion to approve the
exhibitions was made by Council Member Erickson, seconded
by Council Member Peterson and unanimously carried.
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• CITY COUNCIL MINUTES - FEBRUARY 22, 1994
(e) CONSIDERATION OF FLOOD REDUCTION GRANT APPLICATION FOR
SIMONSON'S LUMBER
Following discussion, the motion to approve the grant
application was made by Council Member Erickson, seconded
by Council Member Peterson and unanimously carried.
(f) CONSIDERATION OF CONTRACTING WITH APPRAISER
Engineer Rodeberg requested approval for an appraiser to
complete appraisals for the following properties: (1)
Hutchinson Area Transportation Services (HATS) Facility
property, (2) property adjacent to HATS site and the
compost facility, and (3) Simonson's Lumber property at
Adams Street and First Avenue NE.
Following discussion, the motion to approve an appraiser
was made by Council Member Craig, seconded by Council
Member Peterson and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM DIRECTOR OF ENGINEERING
is Engineer Rodeberg presented a list of the proposed 1994
improvement projects. It was suggested an informational
meeting be held, and the Finance Director review bonding
indebtedness and its relationship with HRA.
(b) COMMUNICATIONS FROM CITY ADMINISTRATOR
Administrator Plotz alluded to Bill Fahey's proposal and
suggested the City solicit bond consultant proposals and
rate schedules. He stated it had been about 10 years
since the City had reviewed its financial advisor's
services.
The motion to proceed with receiving proposals for
financial consultants was made by Council Member
Peterson, seconded by Council Member Mlinar and
unanimously carried.
Mr. Plotz reported on the composting seminar he attended
in Wisconsin. He mentioned that on March 14, at 9:30
A.M., there was going to be a two hour meeting regarding
co- composting. RUST will review the City's program, and
the County will report on its plan.
• The City Administrator stated he and the City Attorney
5
CITY COUNCIL MINUTES - FEBRUARY 22, 1994
0
had met with Tom Eakins regarding his skydiving business
at the Hutchinson Municipal Airport. There is a
liability issue, and the item will be placed on the next
Council agenda.
It was reported that since only two Utilities
Commissioners will be able to attend the scheduled March
8 joint meeting, perhaps the Council will want to
consider another date.
(c) COMMUNICATIONS FROM COUNCIL MEMBER DON ERICKSON
Council Member Erickson commented on a shortage of space
for coats during special meetings.
(d) COMMUNICATIONS FROM COUNCIL MEMBER KAY PETERSON
Council Member Peterson noted the Library Board was
researching signage for the library. She inquired about
available funding or procedures regarding this matter.
(e) COMMUNICATIONS FROM COUNCIL MEMBER JOHN MLINAR
Council Member Mlinar suggested using March 8 as an in- •
house meeting at which time information could be provided
regarding finances and bonds, and John Rodeberg could
present his annual report.
Following discussion, the motion to meet on March 8,
1994, at 5:30 P.M. for the City Engineer's annual report
and at 6:15 P.M. with the HRA was made by Council Member
Mlinar, seconded by Council Member Peterson and
unanimously carried.
(f) COMMUNICATIONS FROM COUNCIL MEMBER BILL CRAIG
Council Member Craig commented on the City's various
boards and the amount of time and effort donated by board
members to serve on them.
(g) COMMUNICATIONS FROM CITY ATTORNEY
Attorney Anderson made reference to the cable television
renewal process and suggested the creation of a more
formal cable board.
Mayor Torgerson directed the City Attorney to prepare an
Ordinance establishing a Cable Advisory Board for the
March 8 Council meeting.
6 •
0 CITY COUNCIL MINUTES - FEBRUARY 22, 1994
(h) COMMUNICATIONS FROM MAYOR MARLIN TORGERSON
Mayor Torgerson acknowledged with thanks a 1940 plat map
donated to the City of Hutchinson by Paul and Jean
Ackland.
The Mayor inquired about the status of moving the
Sheppard house.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion to approve the claims and authorize payment
from the appropriate funds was made by Council Member
Mlinar, seconded by Council Member Peterson and
unanimously carried.
12.
•
E
There being no further business, the meeting adjourned at 8:45
P.M.
7
•
•
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0
HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR BOARD MEETING
FEBRUARY 15, 1994
MINUTES
I. CALL TO ORDER: 2:00 P.M. STAFF CONFERENCE ROOM CITY
CENTER Secretary Treasurer Tammy Wendlandt called the
meeting to order. Members present: Joel Kraft and Shirley
Wass with John Paulsen and Don Erickson arriving thereafter.
Members absent -none.
II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING=
There being no additions or corrections, Shirley Wass moved
that the minutes be approved as submitted. Joel Kraft
seconded and the motion carried unanimously.
III. CONSIDERATION OF STATUS OF ACCOUNTS FOR PARK TOWERS
• PROJECT AND HHRA GENERAL FUND
Budget status and monthly disbursements were reviewed.
Shirlev Wass moved that the financial statements be approved
as submitted; Joel Kraft seconded and the motion carried
unanimously.
IV. SECTION 23 /PARK TOWERS PROJECT
1. There are no tenant accounts receivable and no
vacancies. An ad will be put in the newspaper due to our
limited waiting list.
2. Update on 1992 Ciap Window Project. On February 2nd,
all the windows were inspected and a list of work needing to
be completed by Gopher State Contracting has been compiled
and sent to Gopher State Contracting. The goal is to have
this work completed within one month. A revised CIAP
budget was presented for review and approval showing that
any funds remaining will be put towards exterior stucco
repair and painting and office computers. A new contract
will be issued for this work. Joel Kraft moved that the
revised budget be approved as submitted; Shirley Wass
seconded and the motion carried unanimously.
3. 1993 Ciap Elevator Project. A continuing contract with
PBA for elevator work was reviewed. Shirley Wass moved that
the Architectural /Engineering services contract be approved
as submitted. Tammy Wendlandt seconded and the motion
carried unanimously.
V. HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR REPORT
1. The Coordinator is waiting to reconcile the commercial
loan reports with Ken Merrill's records but feels in talking
, �/- A,(= -)
• HRA Regular Board Meeting, February 15, 1994
Page 2
to DTED that another Small Cities grant can be obtained but
the application must be made through the HRA. The
Coordinator was tFen requested to submit a pre - application
to DTED for the Small Cities program and present to the next
Board meeting a strategy and timetable for submitting a new
application.
2. The Valley Vista Rental Rehab project is waiting for
MHFA approval to use HOME Rental Rehab funds in LIPRHA
projects.
3. The request to MHFA for grant funds to rehab the
Shepherd house has been declined. Before the next Board
meeting, however, Connie and John will walk through and make
a recommendation regarding HRA involvement in moving the
house.
VI. PUBLICLY OWNED NEIGHBORHOOD LAND TRUST PROJECT
1. Barry Anderson is working on the development agreement
with Peace Lutheran and is waiting to get in touch with Greg
Baron and Mark Ruff regarding their recommendations.
2. Appraisals and review appraisals have been completed.
3. Offer letters will be sent out by the end of February
. based on appraisals and contingencies recommended by Barry
Anderson. The Board directed that an offer not be made for
the vacant lot until we know that the other offers will be
accepted. The Boitrd also dlrucLed LhttL- Lila offer Lo Panes
Lutheran be $32,000 which is an amount they stated as
satisfactory to them in the past.
VII. ESSENTIAL FUNCTION BOND PROJECT STATUS
1. A site has been optioned south of Christ the King
Church for the general occupancy townhouse and apartment
project.
2. A meeting will be held with the hospital board at
5:30P.M regarding the use of essential function bonds as a
potential financing mechanism for assisted living.
3. Laura Eckholm, Vice - President at Miller Schroeder spoke
about the Single Family Mortgage Revenue Bond Program and
how local housing authorities may utilize the housing pool
and /or unified pool to provide money for first time
homebuyers. The HRA would have to request an allocation and
make an application to MHFA by March 28th for the Housing
Pool. The Unified pool becomes available in August if any
funds from the Housing Pool remains. The income limits and
purLtase �:°1-e limits for the Unified Pool would be very
workable for Hutchinson. Laura Eckholm also gave a brief
synopsis of essential function bonds. Miller Schroeder's
role would be to act as underwriter of the issue and prepare
the offering prospectus etc.
VIII. OTHER BUSINESS
• Huthinson HRA Regular Board Meeting, February 15, 1994
Page 3
1. 1994 HRA Workplan and 1993 Workplan Outcomes
Joel Kraft moved to approve the 1994 Workplan; Tammy
Wendlandt seconded and the motion carried unanimously.
2. The HRA Board meeting with the Hutchinson City Council
is scheduled for February 22 at 6:30 P.M.
3. The request by HCDC to evaluate the Simonson site for
housing was discussed by the HRA. The recommendation by
the Board is that this site may have potential for senior
housing but in light of the Peace Project that would not be
needed for many years.
IX. ADJOURNMENT
There being no further business, John Paulsen declared the
meeting adjourned.
Recorded by Jean Ward, Executive Director
Tammy Wendlandt, Secretary Treasurer
LJ
Hutchinson Libary Board Meeting
Thursday, February 17, 1994
Members Present: L. Ladd, B. Scherer, M Henke, D.
Brunner, R. Johnson, S. Opatz, K. Peterson, J. Beytien
The city has approved our recommendation for the
purchase of one computer system and after research by
R. Johnson, the purchase order was revised to buy the
computer from Bennett Office Products, Willmar,MN.
On the recommendation of Roy and Dolores, with their
supporting research, the motion was made and passed to
purchase the other two units from the same company,
Bennett Office Products. (K. Peterson, B. Scherer)
The motion was made and passed (B. Scherer, D. Brunner
to purchase the printers through Office Max.
Dolores reported on the information given to the paper
on library circulation and information concerning future
purchases from SAMMY.
Mary Henke will be speaking at the Kiwanis meeting and
also passing out the library survey there.
At our next meeting on Thursday, March 10 the board
will discuss and evaluate the library survey and further
investigate the possibility of a sign for the Library
on Main Street.
Meeting adjourned.
Joyce Beytien, Secretary, Hutchinson Library Board
u
• ORDINANCE NO. 94 -104, 2ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, ADDING
SECTION 6.41 TO THE CITY CODE ENTITLED "TATTOOING" AND ADOPTING, BY
REFERENCE, CITY CODE CHAPTER 1 IN SECTION 2.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY OF HUTCHINSON ORDAINS:
Section 1. City Code, Sec. 6.41, to be known as "Tattooing"
shall read as follows:
Subd. 1. Definitions. "Tattooing" shall mean the marking of
the skin of a person by insertion of permanent colors by
introducing them through puncture of the skin.
Subd. 2. License Required. No person shall conduct any
establishment where tattooing is done, nor engage in the act of
tattooing, without being licensed under this section. No person
shall engage in the practice of tattooing at any place other than
the place or location named or described in the license granted by
the City. No person shall be granted a license under this chapter
who is not of good morale character and free from communicable
disease.
• Subd. 3. Application for License. Any person desiring a
license under this Chapter shall file with the City Administrator,
on a form provided by the City, a written application signed by the
applicant and containing the name of the applicant, if an
individual, the names of co- partners, if a partnership, and if a
corporation, the names of the principal officers of the
corporation, together with a brief description of the place or
location at which such business is to be conducted, along with such
other information routinely required by the City Administrator in
connection with applications for business licenses.
Subd. 4. License Fee. The annual fee for a license to engage
in the practice of tattooing shall be set by resolution of the City
Administrator beginning in calendar year 1995. The annual license
fee for calendar year 1994 shall be $150.
Subd. 5. License Term. All licenses issued under this
section shall expire on December 31 of the licensing year.
Subd. 6. Tattooing of Minors. No person shall tattoo any
person under the age of eighteen (18) except in the presence of,
and with the written permission of, a parent or legal guardian of
such persu::.
Subd. 7. Health and Sanitary Requirements. No person shall
• engage in the practice of tattooing at any place within the City of
Hutchinson without complying with the following regulations:
• A. Every place where tattooing is done shall be equipped with
a sewer and water connected toilet and hand basin or sink. The
hand basin or sink shall be supplied with hot and cold running
water under pressure, and shall be maintained in good working order
at all times, it shall be kept in a clean and sanitary condition.
B. No person having any skin infection or other disease of
the skin or any communicable disease shall be tattooed.
C. All equipment including needles, knell bars, tubes,
pigment and receptacles, stencils, razors and razor blades, shall
be kept in a dust proof glass case when not in use.
D. All needles and operating instruments shall be
individually pre - packaged, pre - sterilized and disposable. No such
equipment shall be used on more than one customer, but shall be
discarded in a safe and sanitary manner after its first use.
E. All bandages and surgical dressings used in connection
with tattooing of any person shall be individually pre - packaged,
pre - sterilized and disposable.
F. Every person who practices tattooing shall wear clean,
white colored, washable outer garments when engaged in the practice
of tattooing.
• G. Every person who practices tattooing shall wash his or her
hands thoroughly with soap and water and then dry them in a clean,
unused towel before and after each tattooing. The customer's skin
shall also be thoroughly cleansed with soap and water and
disinfected by an antiseptic solution before the use or application
of any tattooing instrument or equipment.
H. Whenever it is necessary to shave the skin, a safety razor
must be used. A new blade must be used for each customer. The
razor shall be cleaned with soap and water after each use and shall
be kept in a closed case when not in use. All electric hair
clippers shall be sanitized by a method approved by the
Commissioner of Health.
I. Pigments used in tattooing shall be sterile and free from
bacterial and noxious agents and substances. The pigments used
from stock solutions for each customer shall be placed in a single
service receptacle and such receptacle and remaining solution shall
be discarded in a safe and sanitary manner after use on each
customer.
J. Every person to be tattooed shall be asked whether he or
she has had viral hepatitis in the preceding six months. No person
suspected of presently having viral hepatitis or having had viral
hepatitis within the last six months, shall be tattooed without the
• written consent of a licensed physician.
K. No place used for the practice of tattooing shall be used
•
1J
•
or occupied for living or sleeping quarters or for any purpose
other than tattooing.
L. There shall be a minimum of 150 square feet of floor space
at the place where the practice of tattooing is conducted and such
place shall be adequately ventilated and lighted. All tables,
chairs and operating furniture shall be constructed of metal with
white enamel or porcelain finish or stainless steel, and shall be
kept in a clean and sanitary condition.
M. No person shall practice tattooing while under the
influence of alcohol or drugs. No customer shall be tattooed while
under the influence of alcohol or drugs.
N. A person tattooed shall be provided with written
instructions on the approved care of the tattoo during the healing
process.
Section 2. City Code Chapter 1 entitled "General Provision
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This ordinance shall take effect upon its adoption
and publication.
Adopted by the City Council this 8th day of March, 1994.
Mayor
Attest:
City Administrator
Published in the Hutchinson Leader this _ day of
1994.
First reading:
Second reading:
• ORDINANCE NO. 94 -105
AMENDMENT TO ZONING ORDINANCE NO. 464,
SECTIONS 8.12, 8.14 AND 8.15 REGARDING TATTOO
ESTABLISHMENTS, MASSAGE ESTABLISHMENTS AND
ADULT ENTERTAINMENT ESTABLISHMENTS
THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
SECTION 1. That notice of hearing was duly given and
publication of said hearing was duly made and it was made to appear
to the satisfaction of the City Council that it would be in the
best interest of the City to amend Zoning Ordinance No. 464.
SECTION 2. That Sections 8.12 (C -4 District) , 8.14 (I -1
District) and 8.15 (I -2 District) are amended with the following
addition:
CONDITIONAL PERMITTED USES
Tattoo establishments, massage establishments and adult
oriented entertainment facilities are permitted by
conditional use only in the C -4 (Fringe Commercial), I -1
• (Light Industrial) or I -2 ( Heavy Industrial) districts.
SECTION 3. This ordinance shall take effect from and after
its passage and publication.
Adopted by the City Council this 8th day of March, 1994.
ATTEST:
Gary D. Plotz
City Administrator
C�
Marlin Torgerson
Mayor
CITY OF HUTCHINSON
. 37 WASHINGTON AVENUE WEST
HUTCHINSON, HN 55350
ENGINEER'S REPORT
DATE: March 3rd, 1994
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering
RE: Project No. 94-19
I have studied the following areas and find that the proposed project is feasible and
recommend it be constructed. If acceptable, I recommend a hearing be held on the
22nd day of March, 1994.
Project No. 94 -19: McDonald Drive from 140' West of Jackson Street to a point 750'
West of Jackson Street by construction of storm sewer, sanitary
sewer, sewer services, watermain, water services, grading, gravel
base, concrete curb and gutter, bituminous base, bituminous
surfacing and appurtenances.
• Construction Cost
Engineering/ Administration (16%)
Fiscal /Legal /Capitalized Interest (8 %)
ESTIMATED TOTAL ------------ - - - - --
Assessable Cost
Deferred Assessable Cost
City Bonded
City Other Funds
MSA
MNDOT
ESTIMATED TOTAL - --
JPR /PV
0
S 60,000.00
S 9.600.00
S 4,800.00
S 74.400.00
$ 74,400.00
S
S
S 74,400.00
-�/-I65 ( -)
RESOLUTION NO. 10163
• RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
PROJECT NO. 94 -19
WHEREAS, it is proposed to improve McDonald Drive from 140' East of Jackson
Street to a point 750' West of Jackson Street by the construction of storm sewer,
sanitary sewer, sewer services, watermain, water services, grading, gravel base,
concrete curb and gutter, bituminous base, bituminous surfacing and appurtenances;
WHEREAS, it is proposed to assess the benefitted property for all or a portion
of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
THAT, the proposed improvement be referred to the Director of Engineering for
study and that he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed improvement
is feasible and as to whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the improvement as
recommended.
Adopted by the Council this 8th day of March, 1994.
LJ
City Administrator
•
Mayor
RESOLUTION NO. 10164
• RESOLUTION RECEMNG REPORT AND CALLING HEARING ON IMPROVEMENT
PROJECT N0. 94 -19
WHEREAS, pursuant to a resolution of the Council adopted March 8th, 1994, a
report has been prepared by the Director of Engineering, with reference to the
improvement of McDonald Drive from 140' East of Jackson Street to a point 750' West
of Jackson Street by the construction of storm sewer, sanitary sewer, sewer services
watermain, water services, grading, gravel base, concrete curb and gutter,
bituminous base, bituminous surfacing and appurtenances. Said report was received
by the Council on March 8th, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA.
1. The Council will consider the improvements of such streets in accordance
with the reports and the assessment of benefitted property for all or a portion of the
cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated
total cost of the improvement of $74,000.00.
2. A public hearing shall be held on such proposed improvements on the 22nd
day of March, 1994, in the Council Chambers of the City of Hutchinson at 8100 P.M.,
and the Clerk shall give mailed and published notice of such hearing and
improvements as required by law.
• Adopted by the Hutchinson City Council this 8th day of March, 1994.
City Administrator
Mayor
11-A (y)
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MN 55350
ENGINEER'S REPORT
DATE: March 3rd, 1994
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering
RE: Project No. 94 -27
I have studied the following areas and find that the proposed project is feasible and
recommend it be constructed. If acceptable, I recommend a hearing be held on the
22nd day of March, 1994.
Project No. 94 -27: Huron Street from 2nd Avenue SE to 3rd Avenue SE by
construction of sanitary sewer, sewer and water services and
appurtenances.
Construction Cost
Engineering /Administration (168)
Fiscal /Legal /Capitalized Interest (88)
. ESTIMATED TOTAL -----------------
Assessable Cost
Deferred Assessable Cost
City Bonded
City Other Funds
MSA
MNDOT
ESTIMATED TOTAL
S
10,900.00
S
1,700.00
$
900.00
------- S
13,500.00
S
13,500.00
-- --- -- S 13,500.00
. Portion of property is railroad owned. Railroad share would be approximately $3,500.
NOTE: Project is proposed to be added to Project 93 -07, as a Change Order
since projects are in same area.
JPR /PV
•
A/3rlS)
RESOLUTION NO. 10165
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
PROJECT N0.94 -27
WHEREAS, it is proposed to improve Huron Street from 2nd Avenue SE to 3rd
Avenue SE by the construction of sanitary sewer, sewer & water services and
appurtenances;
WHEREAS, it is proposed to assess the benefitted property for all or a portion
of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON,MINNESOTA:
THAT, the proposed improvement be referred to the Director of Engineering for
study and that he is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed improvement
is feasible and as to whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the improvement as
recommended.
Adopted by the Council this 8th day of March, 1994.
City Administrator
0
Mayor
RESOLUTION NO. 10166
toRESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
PROJECT NO. 94 -27
WHEREAS, pursuant to a resolution of the Council adopted March 8th, 1994, a
report has been prepared by the Director of Engineering, with reference to the
improvement of Huron Street from 2nd Avenue SE to 3rd Avenue SE by the
construction of sanitary sewer, sewer and water services and appurtenances. Said
report was received by the Council on March 8th, 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The Council will consider the improvements of such streets in accordance
with the reports and the assessment of benefitted property for all or a portion of the
cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated
total cost of the improvement of $13,500.00.
2. A public hearing shall be held on such proposed improvements on the 22nd
day of March, 1994, in the Council Chambers of the City of Hutchinson at 8:00 P.M.,
and the Clerk shall give mailed and published notice of such hearing and
improvements as required by law.
Adopted by the Hutchinson City Council this 8th day of March, 1994.
0
City Administrator
•
Mayor
)1-z6'(0
Agreement No. %688 F
is
AGREEMENT FOR STATE AID FOR
AIRPORT
MAINTENANCE AND OPERATION
AT THE HUTCHINSON
MUNICIPAL
AIRPORT
The State of Minnesota and City of Hutchinson agree as follows:
(Name of Municipality)
1. The Municipality will keep at least one paved runway, associated
taxiway, and apron area cleared of snow and ice for safe use of
aircraft using wheels. The paved runway shall be kept clear for its
full length and width, and snowbanks kept down so that aircraft wings
will clear them, and runway and threshold lights will remain visible.
2. The Municipality will maintain the runways in good order by performing
maintenance work, including, but not limited to, the following:
a. Crack filling and patching of surfaced runways, taxiways,
and aprons.
b. Mowing grass on landing strips and around lights. The grass
must be mowed at least 7 feet beyond the lights, and at no
time may the grass exceed 6 inches in height on landing areas.
c. Maintain beacon and runway lights or markers, and rehabilitate
them when necessary.
d. Fertilizing and seeding as necessary to prevent erosion.
e. Maintain clearance in approach zones in conformance with
• Chapter 8800.1200 of the Department of Transportation,
Program Management Division, Office of Aeronautics,
"Minnesota Rules."
f. Replacing windsock when necessary.
g. Maintain the drainage and fencing systems.
The Municipality shall provide at least two yard -type lights in the
building /aircraft tie down area and shall keep the area lighted from
dusk to dawn. The Municipality shall also keep the airport property
clear and free of debris. At airports where aviation fuel is
dispensed, at least one 20- pound, dry- powder fire extinguisher shall
be available in the vicinity of the fuel pump.
4. The airport must pass periodic inspections performed by a
representative of the Office of Aeronautics for compliance with the
rules of the Department of Transportation and for compliance with
this Agreement. If the airport is not so maintained, then no
reimbursement shall be made hereunder.
The State will reimburse the Municipality for 2/3 of th e
actual maintenance and operation costs not reimbursed b y
source, not to exceed a base amount of $12,000 of State
fiscal year.
�J
direct,
any other
aid for each
T —_D1
6. The State will reimburse the Municipality for 2/3 of all expenses
associated with registration and attendance to maintenance training •
functions, including the Minnesota Aviation Symposium, not to exceed
a supplemental amount of $300 of State aid for each fiscal year.
7. The Municipality shall submit a breakdown of its costs incurred
hereunder to the Director, Office of Aeronautics, on forms supplied
by him. In any and all events, costs must be submitted to the
Director, Office of Aeronautics, on or before August 1 for each
fiscal year ending June 30. No requests received after August 1
for the preceding fiscal year will be honored by the
Director, Office of Aeronautics. The Director, Office of Aeronautics,
reserves the right to reject items that may not be eligible for
reimbursement, and reimbursement may be denied entirely if the airport
is not properly maintained in accordance with this Agreement.
8. The Municipality has established a zoning authority for the airport,
and such authority is in the process of and will complete, with due
diligence, an airport zoning ordinance in accordance with
Minnesota Statutes 360.061 to 360.074.
9. This Agreement is in effect for the fiscal years 1993 -1994 and
1994 -1995. It may be terminated at any time upon 30 days' written
notice by either party.
APPROVED:
1. MUNICIPALITY CITY OF HUTCHINSON
By:
Title: .Mayor
By:
Title: City Administrator
2. DEPARTMENT OF TRANSPORTATION
OFFICE OF AERONAUTICS
3. APPROVED AS TO FORM AND EXECUTIO
4.
By:
Director 5.
Date:
Assistant Attorney General
OF ADMINISTRATION
By:
Authorized Signature
Date:
DEPARTMENT OF FINANCE
By:
Authorized Signature
Date:
•
•
0
•
TYPICAL RESOLUTION
Authorisation to Execute Mn /DOT Agreement
for Maintenance and Operation
Be it resolved by the City of Hutchinson
(City /County /Airport Commission)
as follows:
1. That the State of Minnesota Agreement No.
"Agreement for State Aid for Airport Maintenance and
Operation at the Hutchinson Municipal Airport"
is hereby accepted.
2. That the Mayor and City Administrator
(Mayor /Chairperson) (Clerk /Secretary)
are hereby authorized and directed to execute said
Agreement No. fl000b on behalf of the
City of Hutchinson , and to execute and affix
their signatures to any and all further required
documents pertinent hereto, and all amendments thereof.
I, Gary D. Plotz ,
City Administrator of the
City of Hutchinson ,
do hereby certify that the foregoing
resolution is a true and exact copy
(Corporate Seal as duly passed by the City Council
or Notary) of Hutchinson, Minnesota
and recorded in the minutes of a
regular meeting held on the
8th day of March , 19 94 ,
at which meeting there was present a
quorum of the council.
Signature:
(Clerk or Equivalent)
�r
February 22, 1994
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCHINSON. MINNESOTA 55350-2563
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
(612) 587 -7575
FAX (612)!587-409r,
RESIDENT ATTORNEY
O. BARRY ANDERSON
Re: Tattooing Ordinance
Our File No. 3188 -87031 & 3188 -94256
Ol COUNSEL
WILIIAI[ W. CAMERON
RAYMOND C. LALLIER
5881 CEDAR I.AEE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE 800-343-4545
PAX(612)545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
PAX (612) 389-5506
1
FW FEB1Ii
a RFMVEZ
Dear Gary:
• I am enclosing herewith for Council action this evening a proposed
ordinance regulating tattoo operations. No such operations
presently exist in the City of Hutchinson, but inquiry has been
made of City staff on this issue and it was my feeling that a
licensing statute would be helpful in protecting the health and
safety of the residents of the City of Hutchinson.
Acting on fairly short notice, I have put together such an
ordinance and I enclose the same for action by the City Council
this evening. I would suggest that a first reading be held this
evening and a second reading at the next regularly scheduled City
Council meeting.
Please do not hesitate to contact me should you have any questions
in connection with the foregoing. Thank you. Best regards.
Very truly yours,
ARN:2r LD, OWEL
���
G. y �deron
GBA:lm
• Enclosure
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION _
DAVID B. ARNOLD
•STEV
N A." WELL
STEVEN A. ANDE850N
O. BARRY ANDERSON'
STEVEN S. HOOE
LAURA R. PRETLAND
DAVID A. BRUEOOEMANN
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES ITILEY
RICHARD O. WOES
CATHRYN D. HEUER
OINA M. BRANDT
February 22, 1994
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCHINSON. MINNESOTA 55350-2563
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
(612) 587 -7575
FAX (612)!587-409r,
RESIDENT ATTORNEY
O. BARRY ANDERSON
Re: Tattooing Ordinance
Our File No. 3188 -87031 & 3188 -94256
Ol COUNSEL
WILIIAI[ W. CAMERON
RAYMOND C. LALLIER
5881 CEDAR I.AEE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE 800-343-4545
PAX(612)545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
PAX (612) 389-5506
1
FW FEB1Ii
a RFMVEZ
Dear Gary:
• I am enclosing herewith for Council action this evening a proposed
ordinance regulating tattoo operations. No such operations
presently exist in the City of Hutchinson, but inquiry has been
made of City staff on this issue and it was my feeling that a
licensing statute would be helpful in protecting the health and
safety of the residents of the City of Hutchinson.
Acting on fairly short notice, I have put together such an
ordinance and I enclose the same for action by the City Council
this evening. I would suggest that a first reading be held this
evening and a second reading at the next regularly scheduled City
Council meeting.
Please do not hesitate to contact me should you have any questions
in connection with the foregoing. Thank you. Best regards.
Very truly yours,
ARN:2r LD, OWEL
���
G. y �deron
GBA:lm
• Enclosure
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION _
NO.
•
AN ORDINANCE OF THE C Y OF HUTCHI N, MINNESOTA, ADDING
BECTION 6.41 TO THE CITY CODE E TING" AND ADOPTING, BY
REFERENCE, CITY CODE CHAPTER 1 SECTION 2.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY OF HUTCHINSON ORDAINS:
Section 1. City Code, Sec. 6.41, to be known as "Tattooing"
shall read as follows:
Subd. 1. Definitions. "Tattooing" shall mean the marking of
the skin of a person by insertion of permanent colors by
introducing them through puncture of the skin.
Subd. 2. License Required. No person shall conduct any
establishment where tattooing is done, nor engage in the act of
tattooing, without being licensed under this section. No person
shall engage in the practice of tattooing at any place other than
the place or location named or described in the license granted by
the City. No person shall be granted a license under this chapter
who is not of good morale character and free from communicable
disease.
Subd. 3. Application for License. Any person desiring a
license under this Chapter shall file with the City Administrator,
on a form provided by the City, a written application signed by the
applicant and containing the name of the applicant, if an
individual, the names of co- partners, if a partnership, and if a
corporation, the names of the principal officers of the
corporation, together with a brief description of the place or
location at which such business is to be conducted, along with such
other information routinely required by the City Administrator in
connection with applications for business licenses.
Subd. 4. License Fee. The annual fee for a license to engage
in the practice of tattooing shall be set by resolution of the City
Administrator beginning in calendar year 1995. The annual license
fee for calendar year 1994 shall be $150.
Subd. 5. License Term. All licenses issued under this
section shall expire on December 31 of the licensing year.
Subd. 6. Tattooing of Minors. No person shall tattoo any
person under the age of eighteen (18) except in the presence of,
and with the written permission of, a parent or legal guardian of
such person.
Subd. 7. Health and Sanitary Requirements. No person shall
engage in the practice of tattooing at any place within the City of
Hutchinson without complying with the following regulations: •
A. Every place where tattooing is done shall be equipped with
• a sewer and water connected toilet and hand basin or sink. The
hand basin or sink shall be supplied with hot and cold running
water under pressure, and shall be maintained in good working order
at all times, it shall be kept in a clean and sanitary condition.
B. No person having any skin infection or other disease of
the skin or any communicable disease shall be tattooed.
C. All equipment including needles, knell bars, tubes,
pigment and receptacles, stencils, razors and razor blades, shall
be kept in a dust proof glass case when not in use.
D. All needles and operating instruments shall be
individually pre - packaged, pre - sterilized and disposable. No such
equipment shall be used on more than one customer, but shall be
discarded in a safe and sanitary manner after its first use.
E. All bandages and surgical dressings used in connection
with tattooing of any person shall be individually pre - packaged,
pre - sterilized and disposable.
F. Every person who practices tattooing shall wear clean,
white colored, washable outer garments when engaged in the practice
of tattooing.
. G. Every person who practices tattooing shall wash his or her
hands thoroughly with soap and water and then dry them in a clean,
unused towel before and after each tattooing. The customer's skin
shall also be thoroughly cleansed with soap and water and
disinfected by an antiseptic solution before the use or application
of any tattooing instrument or equipment.
H. Whenever it is necessary to shave the skin, a safety razor
must be used. A new blade must be used for each customer. The
razor shall be cleaned with soap and water after each use and shall
be kept in a closed case when not in use. All electric hair
clippers shall be sanitized by a method approved by the
Commissioner of Health.
I. Pigments used in tattooing shall be sterile and free from
bacterial and noxious agents and substances. The pigments used
from stock solutions for each customer shall be placed in a single
service receptacle and such receptacle and remaining solution shall
be discarded in a safe and sanitary manner after use on each
customer.
J. Every person to be tattooed shall be asked whether he or
she has had viral hepatitis in the preceding six months. No person
suspected of presently having viral hepatitis or having had viral
hepatitis within the last six months, shall be tattooed without the
• written consent of a licensed physician.
K. No place used for the practice of tattooing shall be used
or occupied for living or sleeping quarters or for any purpose
other than tattooing.
L. There shall be a minimum of 150 square feet of floor space
at the place where the practice of tattooing is conducted and such
place shall be adequately ventilated and lighted. All tables,
chairs and operating furniture shall be constructed of metal with
white enamel or porcelain finish or stainless steel, and shall be
kept in a clean and sanitary condition.
M. No person shall practice tattooing while under the
influence of alcohol or drugs. No customer shall be tattooed while
under the influence of alcohol or drugs.
N. A person tattooed shall be provided with written
instructions on the approved care of the tattoo during the healing
process.
Section 2. City Code Chapter 1 entitled "General Provision
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This ordinance shall take effect upon its adoption
and publication.
Adopted by the City Council this
Attest:
City Administrator
Published in the Hutchinson Leader this
1994.
First reading:
Second reading:
day of February, 1994
day of
•
•
0
PUBLICATION NO. 4628
• NOTICE OF HEARING ON PROPOSED IMPROVEMENT
LETTING NO. 4
PROJECT NO. 94 -04
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet
in the Council Chambers of the City Hall at 8:00 P.M. on the 8th day of March, 1994,
to consider the making of an improvement of Otter Lake Crossing from Lakewood
Drive to South Grade Court by the construction of trunk sanitary sewer, lift station,
watermain, bike /walking trail and appurtenances, pursuant to Minnesota Statutes,
Sections 429.011 to 429.111. The area proposed to be assessed for such improvement
is the benefitted property, for which property owners shall receive mailed notice.
The estimated Assessable Cost of said improvement is $650,000.00 with an
estimated $150,000.00 Federal Aid Cost, for the total estimated cost of $800,000.00.
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
Dated: February 22nd, 1994.
• City Admi trator
\J
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU
ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER
INFORMED OF A TRUE REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, FEBRUARY 24TH, 1994 AND
THURSDAY, MARCH 3RD, 1994.
711
•
1994 PUBLIC HEARINGS
Otter Lake Crossing /South Grade Road
Letting No. 4 /Proiect No. 94 -04
Estimated Assessments
STREET /RESTORATION
$ 12 -18
/FF
$
15
WATER SERVICE
$600 -900
/each
$
800
SANITARY SEWER SERVICE
$600 -900
/each
$
800
WATERMAIN LATERAL
$20 - 24
/FF
$
22
WATERMAIN TRUNK CONNECT
$150 -200
/Lot
$
175
SANITARY SEWER LATERAL
$20 - 24
/FF
$
22
SANITARY SEWER TRUNK
$450 -575
/Lot
$
500
TYPICAL COST PER 100' LOT
Street /Restoration $ 1,500
Water, sewer service (to lot line) $ 1,500
Watermain: Lateral $ 2,200
Trunk $ 175
Sanitary Sewer: Lateral $ 2,200
Trunk $ 500
ESTIMATED TYPICAL TOTAL $ 8,075
NOTES:
Deferred assessments will be noted to areas outside of the
City Limits.
,<1 r
RESOLUTION NO. 10161
• RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO.4
PROJECT NO. 94 -04
WHEREAS, a resolution of the City Council adopted the 22nd day of February,
1994, fixed a date for a Council Hearing on the improvement of Otter Lake Crossing
from Lakewood Drive to South Grade Court by the construction of trunk sanitary
sewer, lift station, watermain, bike /walking trail and appurtenances.
AND WHEREAS, ten days' published notice of the hearing through two weekly
publications of the required notice was given and the hearing was held thereon on
the 8th day of March, 1994, at which all persons desiring to be heard were given an
opportunity to be heard thereon.
NOVI THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. Such improvement is hereby ordered as proposed in the resolution adopted
the 22nd day of February, 1994.
2. John P. Rodeberg is hereby designated as the Engineer for this
• improvement. He shall prepare plans and specifications for the making of such
improvement.
Adopted by the Council this 8th day of March, 1994.
Administrator
r
Mayor
PUBLICATION NO. 4629
• NOTICE OF HEARING ON PROPOSED IMPROVEMENT
LETTING NO. 6
PROJECT NO. 94 -06
0
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet
in the Council Chambers of the City Hall at 8:00 P.M. on the 8th day of March, 1994,
to consider the making of an improvement of Hayden Avenue, Osgood Avenue, Fischer
Street, Lake Street from Roberts Road to 2nd Avenue SW and Lewis Avenue from Lake
Street to 1000' East by the construction of storm sewer, sanitary sewer and services,
watermain and services, grading, gravel base, concrete curb and gutter, bituminous
base, bituminous surfacing and appurtenances, pursuant to Minnesota Statutes,
Sections 429.011 to 429.111. The area proposed to be assessed for such improvement
is the benefitted property, for which property owners shall receive mailed notice.
The estimated City Cost of said improvement is $250,000.00 with an estimated
$250,000.00 Assessable Cost, for the total estimated cost of $500,000.00.
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
Dated: February 22nd, 1994.
City Administrator �
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU
ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER
INFORMED OF A TRUE REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON THURSDAY, FEBRUARY 24TH, 1994 AND
THURSDAY, MARCH 3RD, 1994.
11
•
1994 PUBLIC HEARINGS
Osgood and Hayden Additions, Lake Street
and Adjacent areas (Project No. 94 -06)
Estimated Assessments
ITEM
RANGE
AVERAGE
STREET IMPROVEMENTS
$32 - 39
/FF
$
36
WATER SERVICE
$500 -700
/each
$
600
SANITARY SEWER SERVICE
$500 -700
/each
$
600
STORM SEWER TRUNK
$0.03- 0.05
/SF
$
0.04
TYPICAL COST
PER
100' LOT
Street
$
3,600
Watermain Service
$
700
Sanitary Sewer Service
$
700
Storm Sewer
5
440
ESTIMATED TYPICAL TOTAL
$
5,240
NOTES:
► The City pays for all Watermain and Sanitary Sewer Lateral
Replacement.
P. The City pays for all sideyard (up to 1501) and intersections for
street improvements.
P. Lots which have paid for assessments on adjoining streets will be
credited for previous assessments, pursuant to City Policy.
p .
. RESOLUTION NO. 10162
RESOLUTION ORDERING IMPROVEMENT
AND PREPARATION OF PLANS AND SPECIFICATIONS
LETTING NO. 6
PROJECT NO. 94 -06
WHEREAS, a resolution of the City Council adopted the 22nd day of February,
1994, fixed a date for a Council Hearing on the improvement of Hayden Avenue, Osgood
Avenue, Fischer Street, Lake Street from Roberts Road to 2nd Avenue SW and Lewis
Avenue from Lake Street to 1000' East by the construction of storm sewer, sanitary
sewer and services, watermain and services, grading, gravel base, concrete curb and
gutter, bituminous base, bituminous surfacing and appurtenances.
AND WHEREAS, ten days' published notice of the hearing through two weekly
publications of the required notice was given and the hearing was held thereon on
the 8th day of March, 1994, at which all persons desiring to be heard were given an
opportunity to be heard thereon.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. Such improvement is hereby ordered as proposed in the resolution adopted
the 22nd day of February, 1994.
• 2. John P. Rodeberg is hereby designated as the Engineer for this
improvement. He shall prepare plans and specifications for the making of such
improvement.
Adopted by the Council this 8th day of March, 1994.
City Administrator
LJ
Mayor
�7
s.
•
CITY OF RUTCHINSON 1993 CRIME REPORT
•
Prepared by:
Hutchinson City Attorney, G. Barry Anderson
Assistant City Attorney, Gina M. Brandt
0
• 1993 City Attorney Summary Statement
By local ordinance and state law, the City Attorney is charged
with prosecutorial responsibility for all petty misdemeanors,
misdemeanors, and gross misdemeanor violations within the city
limits.
Over the course of the last several years, the volume of cases
prosecuted has increased dramatically. As a result of this
pressure, Gina Brandt was added to the staff of Arnold & McDowell.
In 1993, the City of Hutchinson appeared at:
Arraignments
Rule 5 and Rule 8 Hearings
Bail Hearings
Order to Show Cause Hearings
Revocation Hearings
Pre -Trial Conferences
Omnibus Hearings
Settlement Conferences
Trials
Sentencing Hearings
• During 1993, the City of Hutchinson explored and put into
practice several new sentencing recommendations to the Court. One
example is:
Safe Streets First: an intensive program for repeat DUI
offenders where the offenders complete jail time,
treatment for their alcohol problem, aftercare and
support groups and electronic in -home monitoring. The
majority of this program is paid for by the offender and
the remainder by grants from the First Judicial District.
In order to keep the City fully informed of current laws and
trends in city criminal activity, Ms. Brandt attended and became a
part of:
1993 DWI Seminar
Minnesota Traffic Law Institute
MADD Victims Impact Panel
State of Minnesota DWI Task Force
In 1993, the City Attorney's office formulated and produced:
Updated Police Commission Rules and Regulations
City of Hutchinson DUI Forfeiture Policy and Procedure
•
Legislative Update and Training for the Police Department
The City Attorney's office is currently developing and will
have ready to put into practice in March of 1994:
City of Hutchinson Domestic Violence Victim Policy
City of Hutchinson Trespass Policy in joint partnership
with the city retail merchants, the Police
Department and the City Attorney's office.
n
U
•
1993 FORMAL COMPLAINTS REPORT
During 1993, 551 formal complaints were issued on behalf of the
City of Hutchinson. This was an increase of 138 from 1992, when
413 formal complaints were issued.
1993
Assault 5th Degree . . . . . . . . . . . .
. . . . . . . 16
Account Closed . . . . . . . . . . . . . .
. . . . . . . 1
Allowing unlicensed driver
to operate vehicle . . . . . . . . . . . .
. . . . . . . 1
Alteration of Prescription
for Legend Drug . . . . . . . . . . . . . .
. . . . . . . 1
Alteration of Registration . . . . . . . .
. . . . . . . 1
Careless Driving . . . . . . . . . . . . .
. . . . . . . 2
Criminal Damage to Property . . . . . . . .
. . . . . . . 6
Contributing to Delinquency
of Minor
•
2
Display /Possession of Another
Driver's License
. . . . . . . . . . . . . .
. . . . . . 1
Driving After Suspension . . . . . . . . . .
. . . . . . 10
Driving Under the Influence . . . . . . . . .
. . . . . . 23
Driving After Revocation . . . . . . . . . .
. . . . . . 8
Defrauding Innkeeper . . . . . . . . . . . .
. . . . . . 2
Disorderly Conduct . . . . . . . . . . . . .
. . . . . . 7
Escape from Custody . . . . . . . . . . . . .
. . . . . . 1
Fail to Quiet Barking Dog . . . . . . . . . .
. . . . . . 2
Fail to Notify Owner of
Property Damage. . . . . . . . .
1
Fail to Give Information
.in Motor Vehicle Accident . . . . . . . . . .
. . . . . . 1
FalseName . . . . . . . . . . . . . . . . .
. . . . . . 3
•
Fraud in Application
forDriver's License
. . . . . . . . . . . .
. . . . . . 1
Gross Driving Under the Influence. . . . . . .
. . . . . 30
Harass by Letter . . . . . . . . . . . . . . .
. . . . . 1
Hit & Run Property Damage Accident . . . . . .
. . . . . 2
Dangerous Weapon on School Property. . . . . .
. . . . . 3
No Registration . . . . . . . . . . . . . . . .
. . . . . 1
Leaving Scene of Property
Damage Accident . . . . . . . . . . . . . . . .
. . . . . 5
Littering . . . . . . . . . . . . . . . . . . .
. . . . . 1
Noise ordinance (City) . . . . . . . . . . . .
. . . . . 1
No Driver's License . . . . . . . . . . . . . .
. . . . . 7
NoInsurance . . . . . . . . . . . . . . . . .
. . . . . 3
No child restraint . . . . . . . . . . . . . .
. . . . . 1
NSF Check . . . . . . . . . . . . . . . . . . .
. . . . . 311*
•
Obstruction of Legal Process . . . . . . . . .
. . . . . 4
Open Bottle . . . . . . . . . . . . . . . . . .
. . . . . 5
Operation of All Terrain
Motor Vehicle . . . . . . . . . . . . . . . . .
. . . . . 1
Possession of Stolen Property . . . . . . . . .
. . . . . 1
Possession of Police Scanner . . . . . . . . .
. . . . . 1
Possession of Marijuana . . . . . . . . . . . .
. . . . . 1
Possession of Hypodermic Syringes. . . . . . .
. . . . . 1
Refusal to Test . . . . . . . . . . . . . . . .
. . . . . 8
Dog Running at Large . . . . . . . . . . . . .
. . . . . 1
School Bus Stop Arm . . . . . . . . . . . . . .
. . . . . 10
Seat belt violation . . . . . . . . . . . . . .
. . . . . 1
Semaphore Violation . . . . . . . . . . . . . .
. . . . . 1
•
Speed . . . . . . . . . . . . . . . . . . . . .
. . . . . 3
Snowmobile Violation . . . . . . . . . . . . .
. . . . . 3
0 Stalking
Transporting Fire Arm
in Motor Vehicle . . . . . . . . . . . . . . . . . . .
Theft . . . . . . . . . . . . . . . . . . . . . . . . .
Trespass . . . . . . . . . . . . . . . . . . . . . . .
Unregistered Vehicle Use . . . . . . . . . . . . . . .
Underage Consumption . . . . . . . . . . . . . . . . .
Violation of Harassment Order . . . . . . . . . . . . .
Violation of Order for Protection. . . . . . . . . . .
Vehicle Impound . . . . . . . . . . . . . . . . . . . .
TOTAL
• *NSF Complaints issued in 1992 - 253.
1
2
28
4
3
8
1
6
1
551
a
1993 Tab Charges Report
Tab charges are citations issued by the City of Hutchinson Police
Department, the McLeod County Sheriff's Department, and the
Minnesota State Patrol occurring within the city limits of
Hutchinson. The City Attorney's office becomes involved with these
charges when the individual pleads not guilty, therefore
necessitating legal representation on behalf of the City of
Hutchinson. The totals set forth below reflect only those cases
where the City, through the City Attorney's office actually
appeared.
Assault........ ... ............................... 9
Assault ( domestic) .. ............................... 15
Building Without Proper Permits ..................... 1
CarelessDriving ..... ............................... 1
Carrying Passenger on Moped ......................... 1
Contributing to Delinquency of a Minor .............. 1
• Damage to Property ... ............................... 1
Disorderly Conduct ... ............................... 8
Driving After Cancellation .......................... 4
Driving After Revocation ............................ 11
Driving After Suspension ............................ 5
Driving Under the Influence of Alcohol .............. 66
Exhibition Driving ... ............................... 1
ExpiredRegistration . ............................... 6
Failure to Display Current Registration ............. 1
NoRegistration ...... ............................... 1
Failure to Provide Pr6of of Insurance ............... 6
Failure to Yield ..... ............................... 1
Harassment Restraining Order Violations ............. 1
0 Hit and Run .......... ............................... 1
Illegal Acts by Person Under 21 ..................... 1
IllegalLane Use ..... ...............................
IllegalU- turn ....... ...............................
ImproperTurn ........ ...............................
Interferewith Privacy ..............................
Littering............ ...............................
No MN Driver's license ..............................
No Parking (Between 2 & 6 a.m.) .....................
No Proof of Insurance ...............................
NoProof of Tabs ..... ...............................
NoSafety Inspection . ...............................
NoSeat Belt ......... ...............................
Obstruction of Justice ..............................
• Open Bottle .......... ...............................
OverCenter Line ..... ...............................
Parkingon Wrong Side ...............................
Refuse /Junk & Nuisance Violations ...................
Revoked License Plates ..............................
SchoolBus Stop Arm .. ...............................
1
1
1
1
1
3
4
2
4
1
1
2
8
1
2
2
3
4
Secured Load ......... ............................... 1
Semaphore ............ ............................... 8
Speeding ............. ............................... 18
Theft........ .............................. 2
Theft ( shoplifting) ............................... 13
Trespass............. ............................... 4
Under Age Consumption ............................... 7
Violation of Order of Protection .................... 1
Wrong Way Down a One -Way Street ..................... 1
TOTAL 239
•
•
March 3, 1994
C
MEMO
TO: MAYOR & CITY COUNCIL
FROM: KEN MERRILL FINANCE DIRECTOR
SUBJECT: CITY CENTER STORAGE SHELVES
The storage area in City Center was not bid with shelving. We had
opted to contract for this on our own. A bid was solicited for
racks and shelving which would allow use of bankers boxes and would
allow easy access to any storage box required. This area would be
for the necessary storage of past years records and be safe and
protected type storage. The system proposed would also allow
future expansion of the system by additional racks on top of the
existing racks where spaced permitted.
The proposal is for USED steel "good qualtiy" racking from SJF of
Winsted would be installed by their crews. Cost of this proposal is
$4,105.00 plus tax and would be for the racking as detailed on the
attached layout. The cost of new racking has been estimated at
least double this cost.
It would be requested of the City Council to authorize the purchase
of the racks.
City Hall
37 Washington Avenue West
(6I2) 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
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A
March 3, 1994
MEMO
TO: MAYOR & CITY COUNCIL
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT:RECEPTION DESK MODIFICATIONS
Since installation of the reception desk and credenza we find need
of some modifications to the units. In addition some problems will
be address at no charge as they would be part of the warranty work.
The modificaitons would provide for additional work space found
necessary and proper employee space for a comfortable enviroment.
A meeting with a representative of Custom Craft, manufacture of the
unit, and Mike Derrig, WOLD Archiets, resulted in the attached
list. We would request City Council approval of the request.
Estimated cost would be approximately $1,600.
City Hall
37 Washington Avenue West
(612) 587 -5151
Parks & Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson, Minnesota 55350
- Printed on rccvcled paper -
Police Department
10 Franklin Street South
(612) 587 -2242
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M E M O R A N D U M
March 1, 1994
TO: Steve Madson, Police Chief
FROM: Marilyn J. Swanson, Admin. Secretary
SUBJECT: Background Check for Transient Merchant License
• The City has received an application for a transient merchant
license from Clinton J. Kraft, dba Clothing Concepts, Inc.
Please provide the City Council with a background check on this
individual and the business he represents. Since this item will be
on the City Council Agenda for March 8, 1994, I will appreciate
receiving the report and the attached application no later than
Tuesday, March 8.
Thanks for your assistance.
Enc.
Ll
9 -e_ ,
• MEMORANDUM
TO: Chief Steve Madson
FROM: Sgt. Ronald Kirchoff
DATE: March 4, 1994
RE: Transient Merchant License
Upon Completing the investigation on the application for Transient
Merchant License presented by Clayton J. Kraft representing
Clothing Concepts Inc., I have received the following information:
Mr. Kraft provided very limited information because he did not
successfully compete the application form. I was unable to
successfully complete several of my investigative inquiries because
of the incomplete application. In reviewing the application as was
provided by Mr. Kraft he names Al Koglin as a character reference.
In speaking with Mr. Koglin he states that he has never been
associated with Clayton J. Kraft of Clothing Concepts Inc..
Clothing Concepts Inc. is listed as a Lexington, Kansas company.
I requested the State of Minnesota Consumer Division to check if
either Clayton J. Kraft or Clothing Concepts Inc. was registered to
sell in the State of Minnesota. As of March 4, 1994 no record of
Clayton J. Kraft or Clothing Concepts Inc. was located through the
State of Minnesota. Based on this information I would recommend
not approving the transient merchants lic.
R�
;y n
is
9-�
•
r ,
CITY OF NVICNN150M
OTYCENTEN
III HASSAN STREET SE
APPLICATION HIRCHINSON, IMI 55350.25V
FOR
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
2" x 2" Picture NAME and DRIVER'S LICENSE INFORMATION
required //
NAME: C� /�Jri-M if.
PERMANENT ADDRESS ZU • IDI A� v . �-
L2 n � a. , Ks C6cS.zVS-
PERMANENT TELEPHONE: gf — 1Fr6— 3 Fir— _t
TEMPORARY LOCAL ADDRESS: & Q-te t l o r 'P— -9 /�)^
TEMPORARY TELEPHONE ACCESS:
DRIVER'S LICENSE NUMBER (STATE) KS MAMW
HEIGHT S M WEIGHT / t75-- EYE COLOR 13Yow-K
FEES S LENGTH OF PERMIT REQUESTED
How many days? Months? Or year?
,31r -)9'1 LICENSE FEES ARE AS FOLLOWS:
Application Fee of $25 applied towards the following permit fee(s)
Solicitors, Per day ......... ............................... $ 25.00
$ olicitors, Per year ....... .•.•........•.•••.•..•••....... $200.00
ransient Merchants, per day 5.00
Transient Merchants, per year ............................... $20
Peddlers, Per day .......................................... $ 25.00
Peddlers, per year .......... ............................... $200.00
BACKGROUND STATEMENT
HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY
MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO
IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE:
�J• % BY..._
L9
9
DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: D Jr e e7-
Rer,,I 571es- //%.,or,s o/ faW1eS' s r�arIswetir
DESCRIBE METHOD OF DELIVERY: D ! Y if e t Sa /,e-s
DESCRIBE YOUR SOURCE OF SUPPLY - NAME & ADDRESS OF SUPPLIER:
K r 10-us /yign y zqz o ' u ters
L yortgh 0 t"% -11.5.
PROVIDE TWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES:
NAME S ADDRESS: 1 I oe -7(-- NAME & ADDRESS:
90o Prr����`on
PHONE NUMBER: 4T!j- PHONE NUMBER:
STATE LAST CITY YOU CARRIED ON SAME ACTIVITY:
CITY /STATE NAME:
J3
M4 -ro-y-.
T N
DATE OF ACTI'''TTY:
FROM:
- 2
TO:
-2-
. I hereby certify I have completely filled out the entire above applica-
tion and that the application is true, correct, and accurate.*
I fully understand that any person who violates any provision of the
Peddlers, Solicitors, and Transient Merchant Ordinance No. 673 is guilty of
a misdemeanor and upon conviction thereof shall be punished by a fine not ex-
ceeding $500 or by imprisonment for a per od not exceeding 90 days or both, plus,
in either case, the costs of prosecuti;ri
Z -/
Da to
* No application will be forwarded to the City Council unless received one
week prior to the regular Council meeting completely filled out with required
picture.
OFFICE USE
POLICE CHIEF RECOMMENDATION:
•
r]
-3-
E
0
RELEASE OF INFOf_MATION
As an applicant for a Peddlers /Solicitors /Transient Merchants License from
to Cit.: of Hutchinson, Minnesota, I am required to furnish info ration which that
aCe' =av use in deter:aining my moral, physical, rental dnd fin an c l a aL'3
tions. In this connection, I hereby expressly authorize release of any and all i--
fo r_ation which you may have concerning me, including information of a con ' i_'ent` -a:
or privileged nature.
I hereby release the agency with which I am seeking application for license,
and any organization, company or person furnishing information to that agency as
expressly autborized above, from any liability for daaage which may result from
furnishing the information requested.
Applicant's Full
Printed Name:
Applicant's Address:
Applicant's Birth Date:
Applicant's Place of Birth:
143od N. Rake A ve-
(%umber) (Street)
Applicant's Social Security No.:
Applicant's Driver's License No.:
• Date:
0
C�
M E M O R A N D U M
March 3, 1994
TO: Mayor & City Council
FROM: Marilyn J. Swanson
SUBJECT: SOLICITORS LICENSE FOR PREMIER PORTRAITS INTL.
•
This request is for a renewal of the 1993 solicitors license issued
to Premier Portraits International.
Attached are copies of the 1993 background check by Sgt. Ron
Kirchoff and the General Corporate License issued for a one -year
period in 1993.
I am not aware of any complaints regarding the operation of this
company within the municipality.
Encs.
•
9 -ter
• MEMORANDUM
TO: Chief Madson LL
FROM: Sgt. Kirchoff 1
DATE: January 25, 1993
RE: Application for Peddlers, Solicitors and Transient
Merchant license. Subject Curtis W. Dixon representing
Premier Portraits International, Inc.
----------------------------------------------------------- - - - - --
Upon receiving the applicant from Mr. Dixon a background
investigation was conducted to the moral character and to the
validity of the business. Upon the investigation into Mr. Curtis
Dixon's background no criminal activity was determined. The
business, Premier Portrait Incorporated, listed of business address
of 4626 SW 9th, Des Moines, Iowa, was found to be a legitimate
business in the state of Iowa. This information was provided by
the Des Moines, Iowa Police Department. On the original
application Mr. Dixon stated he had previously conducted business
in the city of Rochester. The city of Rochester Better Business
Bureau along with the licensing department of the city of Rochester
• was contacted and stated they had no registered complaint on Curtis
W. Dixon or Premier Portraits Incorporated during the time they
were doing business in the city of Rochester. Based on the
following information it would be my recommendation that Curtis W.
Dixon, Premier Portraits Inc be granted a transients' merchants
license.
/jwb
No- 12,
GENERAL
CORPORATE
*T AT E OF MINNESOTA
;-�
LICENSE
City of - - - --
G�' C
/y County of -------
Q
� , ------
_id th
E sum of
PrY
to the Treasurer of said -------- --------------- as required by the Ordinances of said.._ __ I _ ____________
and complied with all the requiren#nts of said Ordmane necessary for obtaining this Lions
NRW, ar4prefDre, By order of the __________ ____ _ __ ------------- Council, and by virtue hereof, the said
- ° ------ - ----- --- ______is hereby Lic ad and au lwrized to
------ - - - - -v
for the period of-._ _ •--- atartinj_
^,� ' ° ' - -p - ----------
and tndind 1ST e t?c� y�i�� 19. /.,aubjeet to all the cy{ctia
Given under my hand a he corpora o the -- _________
tA4 ------ g -�J /
-- - --- ----- �
Attest: -------- _ b / - \ r__z ,C/n
FORM 231% 89 NKOM r,
and
------- - -- - - - - -- ---- - - - - --
9 -D,
0
•
P.02
_____• ................ .. ......._....... is .... +• .. +•-__-.....__--_-.-----_____----—-----------
NAR- 0^2-1994 16:3F FROM CITY OF FtrCHINSON TO 5- 15152673391 P•02
40 OF NUTCNINSCN
• SSS MASSAN�SIREETSIE
APPLICATION hVCHILMUN SSM23A
FOR
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
•
•
2" it 2^ Picture
re_ quired
pAME and DRIVER`S LI ME INFORMATION
< AD D Ixo� -Pre stde ASSA
NAME.
PERMANENT ADDRESS: J 5 5 5 E• }' �NM 4 ^'ry -yq f Ak
PERMANENT TELEPHONE: 1, 06 �
TEMPORARY LOCAL ADDRESS: G- dc-c-j
TEMPORARY TELEPHONE ACCESS:
DRIVER'S LICENSE NUMBER (STATE)�(t)
HEIGHT 5, i'�— WEIGHT 1 kO EYE COLOR RIvift
FEES 5 LENGTH OF PERMIT REQUESTED
How many days? Months? - Or year? 1 y tj% {
LICENSE FEES ARE AS FOLLOWS:
Application Fee of 52S applied towards the following permit f410(s)
Solicitors, Per day ....................... ............... S 25.00
Solicitors, per year ........ ......................I.......0 $200.00
Transient Merchants, per day ..................•••... S 25.00
Transient Merchants, per year ....... ....................... $200,00
Peddlers, per day ........... ..................I............ $ 200.00
Peddlers, per year ., # ......................................
BACKGROUND STATEMEAT
HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION Of ANY
MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO
IF YES, STAIE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE:
9 -:1).
pDESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED:
"T
DESCRIBE METHOD OF DELIVERY
,{ Or G
DESCRIBE YOUR SOURCE OF SUPPLY - NAME A ADDRESS OF SUPPLIER:
LL
PROVIDE IWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES:
"TAME S ADDRESS: NAME 6 ADDRESS:
PHONE NUMBER:
PHONE NUMBER:
STATE LAST CITY YOU CARRIED ON SAME ACTIVITY:
CITY /STATE NAME:
DATE OF ACTIVITY: FROM:
-2-
TO:
•
P.03
MAR- 02-1994 16:36
FROM CITY OF HUTCHINSON
TO 9- 151526 ?3391
P.23
pDESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED:
"T
DESCRIBE METHOD OF DELIVERY
,{ Or G
DESCRIBE YOUR SOURCE OF SUPPLY - NAME A ADDRESS OF SUPPLIER:
LL
PROVIDE IWO (2) MCLEOD COUNTY PROPERTY OWNERS FOR CHARACTER REFERENCES:
"TAME S ADDRESS: NAME 6 ADDRESS:
PHONE NUMBER:
PHONE NUMBER:
STATE LAST CITY YOU CARRIED ON SAME ACTIVITY:
CITY /STATE NAME:
DATE OF ACTIVITY: FROM:
-2-
TO:
•
MRR-02-1994 1613? FROM CITY CF WJ7GHIrvSON TO 9- 151526(ZL71-
P.04
P. C4
I hereby certify I have completely filled out the entire above applica-
tion and that the OPPlication is true, correct, and accurate.*
I fully understand that any person who violates any provision of the
Peddlers, Solicitors, and Transient Merchant Ordinance No. 573 is guilty of
a misdemeanor and upon conviction thereof shall be punished by a fine not ex-
ceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus,
in either Case, the costs of prosecution.
Signature of Appi kAW Cate
* No application will be forwarded to the City Council unless received one
week prior to the regular Council meeting completely filled out with required
picture.
OFFICE USE
is POLICE CHIEF RECOMMENDATION:
0
-3-
P. 05
MAR -02 -1994 1637 FROM CITY OF hRJTCHIN5Ct1 TO 9- 15152973391 P.05
RMEASE OF INFOMALTIOS
As an applicant for a ?Oddlars /Solicitors /Transiene 'Urchants Liosnse from
_. rota �.wara•n •u�rr •nn,
ac4 ^ =V =;V use in deter-miming ray Moralp physical, mental and finrc,:l gLa.ifica-
tions. In this connection, I hereby expressly authorize release of any and all in-
f0rwation vhicz you may have concerning me, including information of a con:i?e -_,a?
or privileged nature.
I hereby release the ayenCy With which 1 am seeking application for license,
and any orgaaiza =ioa, company or person furnishing in£or- ..Ation to that ag+Rnr,► as
expressly authorized above, from say liability for daaa =a Which may result from
fu:aixhin g the information requested.
Applicant's Full
Applicant's Address-
Ds
Applicant's Birth Date. o
(First) (;iiddla (Last)
w 9
P01 k
J5
et)
'a So 311
tp) state & Up'
r
Applicant's Place of Birth:
Applicant's Social Security No..
='o w A
(State)
Applic3nt's Driver's License No.:
Dot,: 3/3/9�
AFP1= Ca:1t's Signat•:re
C
M E M O R A N D U M
March 2, 1994
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering /Public works
RE: Consideration of Approving Consulting Services with TKDA
Related to Phase II - Airport Expansion Preliminary
Application
Attached is information related to the Airport Commission's request
for the Council to authorize funding to complete the preliminary
report for Phase II of the Airport Expansion. The $25,000 cost of
the report would be partially reimbursed by the State (66%),
leaving a local share of approximately $ 8,300. This report is
required to even get on the waiting list of funds. At this time it
looks as if funding would be available in 3 - 5 years. Waiting
another year will push this project out even longer. It will also
be easier to get prompt reimbursement while the Phase 1 Project is
still under contract with the State.
I expect that representative's from the Airport Commission and HCDC
Transportation Team will be at the meeting. Please contact me if
you have any questions.
City Hall Parks & Recreation Police Department
37 Washington Avenue West 900 Harrington Street 10 Franklin Street South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350
- Printed on recycled paper -
q- E '
0
C
February 28, 1994
MEMO
TO: AIRPORT COMMISSION
FROM: KEN MERRILL, FINANCE DIRECTOR
SUBJECT: AIRPORT EXPANSION - PHASE II - CONSULTANT FUNDING
A request to look at potential funding for phase II airport
expansion engineering consultants has been requested by members
of the airport commission.
BACKGROUND
• In 1993 for 1994 budget the issue of phase II was considered by
the City Council. Due to budget constraints funds were not
allocated for this request for 1994. Another concern is phase I
construction was not completed. Weather delayed completion of
"phase I" in 1993. A review of the project status shows some
possible overruns in the testing area but the current thinking is
the work can be completed within budget. It does, however, give
some concern as the project is not completed and possible
overruns while not currently apparent could still occur. We do
have a $50,000 contribution from HTI to help the city in the
project if needed.
I" 1 _ kiy
Parts of phase II work are safety improvements. Attached is a
summary prepared by TKA of phase II. Funding of the project
would be federal share (90 %) or state share (66 %). (The balance
of the cost, of course, is the city's.) A rating determines
where on the funding list of the respective agencies the city is
placed and is based upon the prepared engineering report. The
request at this time is to finding a funding source for this
engineering consultant contract. It would probably 1995 at the
f; It', arc possibly 1996 before federal funding could be
available.
• City Hall Parks &Recreation Police Department
37 Washington Avenue West 900 Harrington Street 10 Franklin Street South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350
- Prin red on mcyc(ed papa. -
( r
COST
The estimated cost of the study is $25,000 of which the state would
pay 66%. The local share for this engineering work would be
$8,300. The request is, what funding sources are available for the
city share. I have reviewed the budget a copy attached and believe
the funds available are very limited. Funding from the airport
budget also is a problem because of being only two months into the
budget year.
Another option and perhaps the only option at this time, would be
use of the contingency dollars. Only the council can authorize use
of these funds that are set aside for cost of living adjustments
and unanticipated expenditures. Again part of the problem may be
since we are only two months into the new budget year it may be
premature for the request.
1 :_' 1
At this early point in the budget the only funding source for the
engineering study appears to be council authorized contingency
dollars. Alternatives would be to wait for the request of funds
until further into the year or budget the request for next year
(1995).
C.C. Mayor & City Council
Gary Plotz, City Administrator
John Rodeberg, City Engineer
• CITY OF HUTCHINSON 1994 BUDGET
GENERAL FUND (01) DEPARTMENT AIRPORT (51)
OBJECT
1991
1992
1993
Y -T -D
1994
NUMBER
-----------------------------------------------------------------------------------------
DESCRIPTION
ACTUAL
ACTUAL
BUDGET
6 -30 -93
ADOPTED
4120
WAGES - TEMPORARY EMPLOYEES
1170
1282
1000
724
1200
4141
PERA (COORDINATED)
54
56
32
4144
FICA - CITY PORTION
91
96
55
4145
MEDICARE
0
0
TOTAL PERSONNEL SERVICES
1315
1434
1000
811
1200
4210
OPERATING SUPPLIES
192
77
75
206
250
4211
AVIATION GAS
29865
31072
30000
15436
30000
4212
CLEANING SUPPLIES
145
221
200
52
200
4215
CHEMICALS & PRODUCTS
345
357
400
0
350
4220
REPAIR & MAINTENANCE SUPPLIES
912
467
250
54
250
4224
STREET MAINT. MATERIAL
84
1822
200
0
2500
4230
SMALL TOOLS
0
42
25
0
25
TOTAL SUPPLIES, REPAIR, MAT
31543
34058
31150
15748
33575
4300
PROFESSIONAL SERVICES
186027
96079
0
9617
0
4309
OTHER CONTRACTUAL
4310
COMMUNICATIONS
314
256
350
273
350
• 4311
POSTAGE
154
144
150
88
150
4320
TRAVEL SCHOOL & CONFERENCE
236
150
150
190
200
4340
PRINTING & PUBLISHING
172
1488
200
0
200
4352
PROPERTY INSURANCE
5100
5350
5100
5500
4360
UTILITIES
8687
7849
9000
6441
9000
4370
CONTRACT REPAIR & MAINT.
872
758
1000
310
1000
4380
RENTALS
251
182
200
37
200
4388
CENTRAL GARAGE REPAIR
815
241
500
425
600
TOTAL OTHER SERVICES & CHGS
202628
112497
16650
17381
17200
4401
DUES & SUBSCRIPTIONS
25
40
50
40
40
4402
LICENSES & TAXES
1548
2267
1800
6
2000
4409
MISCELLANEOUS
203
70
300
6
200
4410
PERMITS
0
0
800
270
400
TOTAL MISCELLANEOUS
1776
2377
2950
322
2640
4500
LAND
20000
0
0
0
4510
BUILDINGS
0
0
0
0
4520
IMPROVEMENTS OTHER THAN BLDG
0
7950
0
56210
0
4530
MACHINERY & EQUIPMENT
0
0
0
522
0
TOTAL CAPITAL OUTLAY
20000
7950
0
56732
0
---------------------------------------------
DEPARTMENT TOTAL
257262
158316
51750
90994
54615
u
q -E ,
TKDA TOLTZ, SOCI �uL AaDERATE
AND MWCIATES. INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS 1900 PIPER JAFFAAY PLAZA
4" CEDAR STREff
February 18, 19% BAKf PAUL. MRINEWTA NIM -zN0
A1C1ES12RK-4M FA%!1202104010
Mr. John Rodeberg
Director of Engineering
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Minnesota 55350
Re: Phase Two Development
Hutchinson Municipal Airport
Commission No. 9946
Dear Mr. Rodeberg:
As you requested we are transmitting herewith an updated Order of Magnitude Cost Estimate for
Phase Two construction at the airport. It includes two changes from the estimate prepared last
September. First, the work of relocating the southeasterly 1,000' of the parallel taxiway to its
ultimate alignment has been added. This work would have a high enough priority to be eligible
for Federal participation in funding.
. The second change switches the funding for the ODALS to a state/local basis. At this time
MnDOT would be willing to fund the ODALS; however, they ate currently reviewing their
policy regarding funding participation for various types of development items. We will continue
to monitor MnDOT's funding policies and advise you of any changes.
The FAA would participate in funding for the ODALS only if the installation reduced the
approach minimums. However, to reduce the minimums it is necessary to widen the primary
surface and runway protection zone (RPZ) from 500' to 1,000'. The enlarged RPZ would
include the implement dealership located on the east side of trunk highway 15. Widening the
RPZs would require some rezoning around the airport and additional land costs. As we
discussed, current planning for the airport does not envision the need for the wider RPZ or
installation of an E S.
Perhaps we can set up a meeting with the AAC to discuss the planning necessary to vitiate Phase
Two development. We are available at your convenience.
Sincerely,
J. G. "Jerry" Petersen, P.E.
Project Engineer
• JGP:al
c: Dagmar Runyon - MnDOT
9 -E
•
TOLTE, RING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
ENGINEERS - ARCHITECTS - PLANNERS
ST. PAUL, MINNESOTA
FEBRUARY 1E, 1994
COMMISSION NO. 9946
n RVRT.f1DMP:N'1'
jgEM
ITEM
COST
FEDERAL
CELL RR
STATE
APARV.
LOCAL
C ARR
1.
Complete Parallel Taxiway
$ 175,000
$157,500
$
$ 17,500
2.
Aircraft Apron
$ 525,000
$472,500
$
$ 52,500
3.
Apron Floodlighting
35,000
31,500
83,300
3,500
4.
Entrance Road Grading 6 Paving
33,000
29,700
$1,844,000
3,300
5.
Parking Lot Grading d Paving
105,000
140,800
70,000
35,000
6.
Parking Lot Lighting
30,000
10,000
20,000
10,000
7.
ODALS
81,000
54,000
27,000
8.
Security Fencing
20,000
18,000
2,000
9.
Maintenance Equipment
150,000
100,000
50,000
10.
Snow Removal Equipment Bldq.
80.000
53.300
26.700
11. well
12. Septic System
13. FBO Hangar
14. T- Hangar Site Preparation
15. T- Hangar (8 -Unit)
16. Terminal Building
17. Relocate Fuel System
Sub -Total
Engineering 6 Testing
Legal 6 Administration
Contie)gency
TOTAL COST - PHASE II
15,000
10,000
5,000
15,000
10,000
5,000
225,000
180,000*
45,000*
50,000
33,300
16,700
165,000
132,000*
33,000*
125,000
83,300
41,700
15,000
10,000
5,000
$1,844,000
$709,200
$755,900
$378,900
366,000
140,800
150,100
75,100
30,000
110.000
10,000
40.000
10,000
34.000
10,000
$2,350,000
$900,000
$950,000
36.000
$500,000
' State share is a no interest loan from its hangar loan fund.
The sponsor repays the loan over a 10 year period.
ATT B
q ET
Mr. John Rodeberg
Director of Engineering
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Minnesota 55350
Re: 1993 Airport Expansion
Hutchinson Municipal Airport
AIP No. 3- 27- 0042 -01
SAP No. 4304 -11
Commission No. 9946
Dear Mr. Rodeberg:
We are transmitting herewith a copy of Darrel Beste's letter of February 16 regarding costs to
bury the power lines near the airport. In response to his letter we have proposed shortening the
length of line to be buried (see copy of my letter to Mr. Beste.) This should reduce the maximum
• cost of this work by about $13,000 to $72,000. In addition MCPA will be replacing the
electrical service to the airport at a cost of about $17,000. This will provide an underground
service to the new Electrical Distribution Building with enough capacity for present and planned
airport development.
The FAA grant for the project included an item for this work at an estimated cost of $50,000.
Since the item is in the grant the FAA can be expected to pay for 90% of it at the higher cost
based on actual contracts.
To provide you with a summary of the current project status we have estimated that the cost of
project work constructed to date is approximately $25,000 under the budgeted amount. Based
on the above information, total project costs could be roughly $15,000 over the grant amount of
$3,162,651. This will also be affected by any changes in the cost of purchasing the three new
parcels of land required for this project.
Please call at any time if you need additional information.
Sincerely,
J. G. "Jerry" Petersen, P.E.
Project Engineer
i JGP:al
c: Dagmar Runyon - MnDOT
•
Tii /A
TOITZ. $MO. DWAIL. ANDERSON
AND ASSOCIATED. INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS
1ESSPPENJARVAYPWA
February 21, 1994
&WTP L A momeWrASm14im
PNOM61D W4W FAXA7l W4M
Mr. John Rodeberg
Director of Engineering
Hutchinson City Center
111 Hassan Street SE
Hutchinson, Minnesota 55350
Re: 1993 Airport Expansion
Hutchinson Municipal Airport
AIP No. 3- 27- 0042 -01
SAP No. 4304 -11
Commission No. 9946
Dear Mr. Rodeberg:
We are transmitting herewith a copy of Darrel Beste's letter of February 16 regarding costs to
bury the power lines near the airport. In response to his letter we have proposed shortening the
length of line to be buried (see copy of my letter to Mr. Beste.) This should reduce the maximum
• cost of this work by about $13,000 to $72,000. In addition MCPA will be replacing the
electrical service to the airport at a cost of about $17,000. This will provide an underground
service to the new Electrical Distribution Building with enough capacity for present and planned
airport development.
The FAA grant for the project included an item for this work at an estimated cost of $50,000.
Since the item is in the grant the FAA can be expected to pay for 90% of it at the higher cost
based on actual contracts.
To provide you with a summary of the current project status we have estimated that the cost of
project work constructed to date is approximately $25,000 under the budgeted amount. Based
on the above information, total project costs could be roughly $15,000 over the grant amount of
$3,162,651. This will also be affected by any changes in the cost of purchasing the three new
parcels of land required for this project.
Please call at any time if you need additional information.
Sincerely,
J. G. "Jerry" Petersen, P.E.
Project Engineer
i JGP:al
c: Dagmar Runyon - MnDOT
C
M E M O R A N D U M
March 2, 1994
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering /Public Works
Randy DeVries, Director of Water /Wastewater Operations
RE: Consideration of Consulting Agreement with Rust Environment
and Infrastructure Regarding the Comprehensive Sanitary
Sewer Plan
We are proposing to enter into a contract with Rust Environment and
Infrastructure to complete the Comprehensive Sanitary Sewer Plan
for the north half of the City. They completed the Plan for the
South half of the City last year. The contract is for $ 17,000 as
previously agreed. The 1994 Wastewater budget has funding set
aside for this project.
City Hall
37 Washington Avenue West
(612) 587 -5151
Parks & Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson, Minnesota 55350
- Printed on wcyded paper -
Police Department
10 Franklin Street South
(612) 587 -2242
9 -F
RUSrENVIRONMENT &
INFRA,TRUCT,RE
D
F.,.,y SEC DWwb.r RUST Envimomon[ & Infmoomue Inc
3033 Campo Drift, Seim 175
Minncvol a MN 55441
Tel (612) 55 1- 1001 • FAX (612) 551 -2499
February 11, 1994
Mr. John Rodeberg, P.E.
Director of Engineering
and
Mr. Randy DeVries
Director of Water and Wastewater Operations
City of Hutchinson
111 Hassan Street Southeast
Hutchinson, MN 55350 -2439
Re: Comprehensive Sanitary Sewer Plan
Areas North, Northwest, and Northeast of the City
Gentlemen:
• RUST E &I is pleased to present this proposal for professional services for this project. We
appreciate being considered to work with the City in this long range planning endeavor.
Two copies of an agreement for services for a comprehensive sewer plan for areas north,
northwest, and northeast of the city are enclosed. If the agreement is satisfactory, please have
both copies signed and dated, and return one copy to me. We will begin work immediately upon
receipt of the signed agreement. We are available to answer any questions and discuss any
concerns which the City may have. Our toll -free telephone number is 800 -537 -5331.
We look forward to working with and for the City on this important planning effort.
Sincerely,
Roger V. Blomquist, Ph.D. ugen L. Anderson
Vice President Project Manager
File: 90039.100
T/L/puwhCom.el.
Qwhry rhrougb tramwork CJ
qF
Ll
L
PROFESSIONAL SERVICES AGREEMENT
PROJECT NAME: Comprehensive Sanitary Sewer Plan for Arm North Northwest and
Northeast of the Cily ( "Project")
This Agreement is by and between
Client
Ctv of Hutchinson
I I 1 Hassan Street Southeast
Hutchinson MN 55350 -2439
and,
RUST Environment & Infrastructure Inc. ( "RUST E&I ")
3033 Campus Drive, Suite 175
Minneapolis_ MN 55441
Who agree as follows:
Client hereby engages RUST E&I to perform the services described in Part I ( "Services") and
RUST E&I agrees to perform the Services for the compensation set forth in Part III. RUST E&I
shall be authorized to commence the Services upon execution of this Agreement and receipt of
authorization to proceed from Client. Client and RUST E&I agree that this signature page,
together with Parts I -IV and attachments referred to therein, constitute the entire agreement
between them relating to the Project ( "Agreement ").
APPROVED FOR CLIENT APPROVED FOR RUST E&I
By: By:
Roger . Blomquist, Ph.D.
Title: Title: Vice President
Date: Date: 2 - 14-q4
1WUA41u4#Cm,Js AORMASTERRR0F46RV.8SC
9 -F
• PART I
RUST ENVIRONMENT & INFRASTRUCTURE'S RESPONSIBILITIES
A. SCOPE
Services to be provided for the Project are as follows:
RUST E&I will prepare a comprehensive sanitary sewer plan for the Client. The plan will
include explanatory text, cost estimates, estimated flowrates, and appropriate figures showing
recommended future extensions and improvements. Fifty copies of the report will be
provided to the Client.
The study area for the comprehensive sanitary sewer plan as previously designated by the
Client is to encompass the area primarily north, northwest, and northeast of the City lying
within approximately one -and- one -half miles of the present corporate limits, except that
along Trunk Highway 15 North the study area extends to about two miles north of the City
for a distance of about one - quarter mile on both sides of the highway, and except that along
Trunk Highway 7 east the study area extends to about two- and - one -half miles east of the
City for a distance of about one - quarter mile on both sides of the highway. East of the City,
the south boundary of the study area will be the Dakota Rail, Inc. trackage, while west of
the City the south boundary will be the South Fork Crow River.
The existing wastewater collection system will not be addressed except where future possible
extensions into outlying areas may result in surcharging, and except where the Client has
documented experiences of inadequate pipe capacity, either of which may dictate
improvements to the existing sewer system.
Services will also include the following:
• meet with the Client to collect data necessary for performing the study, and to review
and verify study area boundary;
• estimated sanitary sewage flowrates and direction of discharge will be determined for
outlying areas by using the Client's "Comprehensive Plan,' other available future land
use plans as provided by the Client, and assuming land uses when necessary, in
conjunction with USGS topographic maps, and Client- provided topographic maps;
• define appropriate trunk or interceptor facilities that will be needed to accommodate the
estimated flows;
• where extensions of the existing wastewater collection system area are required for
servicing future areas, provide estimates of possible improvements to the existing system
to accommodate future flows. RUST E&I will rely on flow data within the existing
wastewater collection system obtained and provided by the Client and estimates based
on land use;
•
• estimate proposed sanitary sewage collection facilities, and show general routes and
sizes on drawings of an appropriate scale. Drawings will be prepared using USGS
topographic maps as a base unless the Client provide a more appropriate base map.
Autocad formatted drawings will be provided to the Client.
• investigate available alternatives which might affect the feasibility or economy of
segments of the system, and
• estimate the approximate cost of trunk facilities and pump stations.
B. ASSUMPTIONS /CONDITIONS
This Agreement is subject to the following assumptions/conditions.
• field survey services for pipe condition, inflow and infiltration determinations, and for
obtaining record data are excluded from the Scope for the Project
• final route determinations for trunk sewers is a task performed during preliminary and
final design and is predicated upon considerations at the time of design including public
input, right -of -way availability, existing and proposed development, other potential
public improvements, and specific service needs. Hence final route citing is beyond the
Scope of this Agreement
• a specific time schedule for the Project will be determined pursuant to discussions
between the Client's Representative and RUST E&I.
PART II
CLIENT'S RESPONSIBILITIES
Client, at its expense, shall do the following in It timely manner so as not to delay the Services.
A. INFORMATION/REPORTS
Furnish RUST E&I the following information, reports, and record drawings, all of which
RUST E&I may rely upon without independent verification in performing the Services:
• confirm study area boundary;
• aerial photos, topographic maps, plat maps, sanitary sewer record drawings, storm sewer
r ecord drawings, and watermain maps, of those areas within the study boundary, together
with information regarding right -of -way and improvements that may not be shown on
said drawings or maps;
2
• pertinent record data of existing sanitary sewers if data does not appear on record
drawings;
• any pending improvements by the Client, other agency, developer, and individuals that
may impact contributing areas, flowrates, or trunk facility locations or alignments either
within the city or in outlying areas;
• plat, ownership maps, or County plat maps of areas outside of the city;
• any previous sanitary sewer system studies, reports or evaluations;
• peak flowrates in the existing sewage collection system, presumably by flow metering,
together with date and time of reading, at locations that will be designated by
RUST E&I;
• water usage data or sewer service flow meter reading data for certain industrial and
commercial uses to be designated by RUST E &I;
• if USGS topographic maps are not acceptable to the Client as base maps, provide a
suitable base map in DXF, Autocad, or Intergraph format.
B. REPRESENTATIVE
Designate a representative for the Project who shall have the authority to transmit
instructions, receive information, interpret and define Client's policies and make decisions
with respect to the Services.
C. DECISIONS
Provide all criteria and full information as to Client requirements for the Project, make
decisions on Project alternatives, and generally participate in the Project to the extant
necessary to allow RUST E&I to perform the Services.
PART III
COMPENSATION, BILLING, AND PAYMENT
Client shall pay RUST E&I for the Services in accordance with the following:
Compensation for the Services will be for time and expenses not to exceed $17,000. In the
event authorization to proceed is not received by April 30, 1994, this price shall be
renegotiated. RUST E &I will bill the Client no less frequently than monthly, with net
payment due in 30 days. Past due invoices will be subject to a service charge at the rate of
3
I %a° /. per month. The invoice will consist of a summary of direct labor hours by RUST E&I
standard job classification, plus listing of reimbursable costs incurred. Unless Client
provides RUST E&I with a written statement of any objections to the bill within 15 days of
receipt, Client shall be deemed to accept the bill as submitted.
wAlauebCas ek
0
4
•
0
ENVIRONMENT&
INFRASTRUCTURE
1, STANDARD OF CARE. 10.- '- shall be performed in accordance with the
uadard of profession practice ordinarily czercned by the applicable profession
u the time and within the locality where the Services arc performed. Profession
services are not subject to, and RUST E &1 can not provide, any warranty or
guarantor, express or implied, including wartamice or guarantees contained in any
uniform commercial code. Any such warranties or guarantees contained in any
purchase orders. requisitiomor notices to proceed issued by Client arc specifically
objected to.
2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is
based on facts known at the time of cxecution of this Agreement, including, if
applicable, informationsupphodby Client. For some projects involving conceptual
a. nrxcss development services, scope may not be fully definable during initial
Pt.asca. As the Project progresses, facts discovered may indicate that scope muss
be redefined. RUST E&I wdi promptly provide Client with an amendment to this
Agreement to recognize such change, which shall be deemed approved if sa
objected to within IS days of receipt by Client.
3. SAFETY. RUST E &I has established and maintains corporate programs and
edurrs for the safely of its emplo
to yens. Unless specifically included as a service
to be provided under this Agreement, RUST E&I specifically disclaims any
authority or responsibility for gemmijob site safety and "fay of persons other than
RUST E &I employees.
4. DELAYS. I events beyond the control of Client or RUST E &1, including, but
not limited to, fire, flood, explosion, riot, strike, war, process ahutdown, act of God
or the public enemy, and act or regulation of my government agency, result in
delay to my schedule established in this Agreement, such schedule shall be amended
to the extent necessary to compensate for such delay. In the event such delay
exceeds 90 days, RUST E&1 shall be entitled W an equitable adjustment in
compensation.
In the event RUST E &I is delayed by Client and such delay exceeds 30 days, RUST
E&1 shall be entitled tom eemwion of time equal to the delay and an equitable
adjustment in compensation.
S. TERMINATIONSUSPENSION. Either party may terminate this Agreement
upon 30 days written notice to the other parry. Client shall pay RUST E&I for all
Services, including profit relating thereto, rcnderrd prior to termination, plus any
expense of termination.
In the event either party de6ulis in its obligations under this Agreement (including
Client's obligation to make the payment required hereunder), the mmde(aulting
P" P MAY, after 7 days written notice mating its imention to suspend PerfoemunIs
Under the Agreement if arc of such default is not commenced and diligently
continued, and failure of the defaulting Party to commence cure within such time
Emit and diligently continue, ,pcd Performance under this Agreement.
h. OPINIONS OF CONSTRUCTION COST. Any opinionaf comtnctioacow
prepared by RUST E&T is supplied for the general guidance of the Client only.
Since RUST E&I has no control over compmilivt bidding or market conditions,
RUST E&I camet guarantee the accuracy of such opinion, as compared W contract
bids or acts caw to Client.
7, RELATIONSHIP WITH CONTRACTORS. RUST EW ,hall erne ss
Cfiam*, Profes"On"d representative for the Services, and may make
recommsendatioes to Client concerning actions relating to Client's coalocton, but
RUST EW specifically disclaims any authority W direct or. n con the mesa,
contractors. techniques, sequaneu or Procedures of conslnvetion selected by Client*,
comraetors.
& CONSTRUCTION REVIEW. For projects involving eorotruction. Client
acknowledges that under gemrallyscocpted profenional practice, interprelatioesof
conatructiondocumenta in the field are normally required, and thin performance of
conrucliom- rclatedaervicm by the design professional for the projeetpermits errors
or omissions W be identified ad corrected at comparatively low cast. Client agrees
to hold RUST E&1 harmless from my claims resulting from performance of
conruction -related services by Persons other than RUST E&l.
9. INSURANCE. RUST E &I will maintain insurmce coverage for Professional,
Comprehensive Gencrnl Amnmobiic, LS'ork<•'z L'mvPemation. and Employer's
Liability in amou;a: ;,uordanco ai ar,d RUST E &1's business,
requirement. Certificates evidencingsuch coverage will be provided to Client upon
requesm. For projxt involving coratructioo, Client agrees to require it
comnruaion contractor, if any, to include RUST E&I as an additional insured on
it policies relating to the Project. RUST E&T's coverages referenced above shall.
in such case, be excess over contractor's primary coverage.
PART IV
STANDARD TERMS AND CONDITIONS
10. INDENIPII'TI'S. To the fullest extent Permitted by law, RUST E&1 shall
indemnify and save harmless Client from and again loss, liability, and damages
astamod by Client, in agents, employ=. and reprveyrtive by rea,om of injury
or death to Persons or damage W tangible Pmperty m the carcass caused directly by
the willful misconduct or failure b adhere to the standard of care described in
Paragraph I above of RUST E&1, its agents or employees.
To the fullest extent permitted by law, Client shall defend, indemnify, and save
harmless RUST E&I, its agents, employee, and rel)MMUtives from and against
[Oct. liability, and damage (including reasonable litigation cowl arising from or
misting to claims for injury or death to persons, damage to tangible property, or
other losses, alleged to be caused by any of the following: (a) any substance,
condition, element, or material or any combination of the foregoing (i) produced.
emitted or released from the Protect 64 tested by RUST E&I under this Agreement.
or (iii) used or incorporated by RUST E&I in the Services: or (b) operation or
management of the Project. Client also agrees to require its conructioncontractor,
if any, to include RUST E&1 as an iderrmitm under any indemnification obligation
to Client.
11. LI ITATIOW OF LIABILITY. No employ= or agent of RUST E&I shall
have individual liability to Client.
Client agrees that. W the fullest extent permitted by law, RUST E&1's total liability
to Client for my and all injuries, claims, lesw, expenses or damage whatsoever
arising out of or in my way related to the Project or this Agreement from my
causes including, but not limited to, RUST E&I's negligence, errors, omissions,
strict liability, or breach of contract shall not exceed the total co apensationreceived
by RUST E&I under this Agreement. I Client desires a limit of liability greater
than that provided above. Client and RUST E&I shall include in Part M of this
Agreement the amount of such limit and the additional compensation to be paid to
RUST E&I for assumption of such addition risk.
IN NO EVENT AND UNDER NO CMCUNISTANCES SHALL RUST E&I BE
LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDItECI,
SPECIAL. OR PUNITIVE DAMAGES.
12. ACCESS. Client shall provide RUST E&I safe access W my premises
necessary for RUST E&I to provide the Service.
t3. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other
deliverable, including electronic media, pertaining to the Project by Client for any
purpose other than du t for which such documents or deliverables were originally
prepared, or alteration of such documents or deliverables without wrinen
verification or adaptation by RUST E&I for the specific purpose intended, shall be
at the Client's risk. Client agrees to defend, indermify, and hold harmless RUST
E&I from all claims, damages, and expense, (including ressoneble litigesionsaw),
arising out of such muse or attention by Client or others acting through Client.
14. AMENDMENT. This Agreement, upon execution by both parties harem, an
be amended only by a "Can instrument signed by both parties.
15. ASSIGNMENT, Except for assignments la) to entities which control, m are
controlled by, the Portia hereto or (b) rem" from operation of law, the rights
and obligationsof this Agreement canna be tai
permission of the Other party. This A 6� ebindingrty rd and written
the benefit of m B shall be biding upon and imre W
Y permitted sseigae.
If. STATUTES OF LIMITATIOM To due fulleat eatmt Permitted by law.
Pattie agree thin, except for claims for idcmmifiution, the time period for
briagingclaims underthi, Agreement shall expire one year after Pmojectcompletion.
17. PREVAILING PARTY LITIGATION COSTS, In the even, my actions are
brought W enforce this Agreement, the prevailing panty shall be midtlad W collect
its litigation costs from the other party.
18. NO WAIVER. No waiver by either parry of my default by the other parry
is the performance of my paniculars"m of this Agreement shall invalidate my
other section of this Agreement or operate ss a waiver of my future default,
whether like or diffemm in character.
19. NO THIRD -PARTY BENEFICIARY. Nothing contained in this Agreement.
nor the performance of the parties hereunder, is intended to benefit, nor shall inure
W the benefit of, my third Party, including Client's contractors, if my.
20. SEVERABI.ITY. The various terms, Provisions and covenants herein
contained shall be deemed to be separate and severable, and the invalidity or
unenforceab"it y of soy of them shall as affect or impair the validity or
enforceability of the remainder.
21. AUTHORITY. The persons signing this Agreement wazramt that they have
the authority to sign ass, or on behalf, of, the party for whom they are signing.
acsuwsrsvmnvsary r�
Qrwhry through teamwork
6°0
Ni., 18 . Icoi
•
•
C
M E M O R A N D U M
March 2, 1994
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering /Public Works
Randy DeVries, Director of Water /Wastewater Operations
RE: Consideration of Consulting Agreement with Rust Environment
and Infrastructure Regarding Water Supply Consulting
Services
We are proposing to enter into a "General Engineering Services,,
contract with Rust to provide engineering services related to water
and wastewater supply. They currently provide all of our
wastewater consulting services. Our water services have been
provided by Chuck Barger of RCM. Chuck retired last year, causing
us to review our consulting services. Based on our review we
recommend entering into the agreement with Rust Environment and
Infrastructure. This will help us coordinate our services through
one consultant.
City Hall
37 Washington Avenue West
(612) 587 -5151
Parks & Recreation
900 Harrington Street
(612) 587 -2975
Hutchinson, Minnesota 55350
- Printed on rec4ded paper -
Police Department
10 Franklin Street South
(612) 587 -2242
9 -c5-
•
PROFESSIONAL SERVICES AGREEMENT
PROJECT NAME: Base Agreement for "As Requested" General Engineering Services
Project Client ( "Client "):
C y of Hutchinson
Water Department
37 Washington Avenue West
Hutchinson, MN 55350 -2439
and,
RUST Environment & Infrastructure Inc. ( "RUST E&I ")
3033 Campus Drive, Suite 175
Minn olis. MN 55441
Who agree as follows: •
CLIENT hereby engages RUST E&I to perform "As Requested" services as set forth in Part I
and RUST E&I agrees to perform such services for the compensation set forth in Part M.
CLIENT and RUST E&I agree that this signature page, together with Parts I -IV and attachments
referred to therein„ constitute the Base Agreement between them relating to General Engineering
Services requested hereunder ( "Project ").
APPROVED FOR CLIENT
By:
Gary D. Plotz
Title: City Administrator
WA i"uncas.dai
APPROVED FOR RUST E&I
/ /'/ _/ l 111 //
Title: Vice President
•
( —C,
• PART I
PROJECT DESCRIPTION/SCOPE OF SERVICES
A. PROJECT DESCRIPTION
RUST E&I will provide general municipal engineering services requested by the CLIENT
and agreed to by RUST E&I under the Terms and Conditions of this Base Agreement.
B. SCOPE
Each project assignment provided under this Base Agreement will be defined by a written
scope of work, cost estimate, and schedule approved by both RUST E&I and the client.
C. AUTHORIZATION TO PROCEED
RUST E&I will not begin work on individual project assignments under this Base Agreement
until written authorization to start individual project assignments has been received from the
CLIENT.
. D. PROJECT TEAM
All employees of RUST E&I working on project assignments provided under this Base
Agreement shall be experienced and qualified for the services to be done and shall be subject
to approval of the CLIENT.
PART II
CLIENT'S RESPONSIBILITIES
CLIENT, at its expense, shall do the following in a timely manner so as not to delay the services
of RUST E&I.
A. INFORMATION/REPORTS
Furnish information, reports, tests and drawings available to CLIENT and required by RUST
E&I, all of which RUST E&I may rely upon without independent verification in performing
services.
•
B. REPRESENTATIVE •
Designate a representative for each Project assignment who shall have the authority to
transmit instructions, receive information, interpret and define CLIENTS policies and make
decisions with respect to RUST E&I's Services.
C. DECISIONS
Provide all criteria and full information as to CLIENT requirements for Project assignments,
obtain (with RUST E&I's assistance, if applicable) necessary approvals and permits, attend
Project - related meetings, provide interim reviews on an agreed -upon schedule, make
decisions on Project alternatives, and generally participate in Project assignments to the
extent necessary to allow RUST E&I to perform Services.
PART III
COMPENSATION, BILLING, AND PAYMENT
A. COMPENSATION
Compensation for the services set forth in Part I shall be as follows:
RUST E&I will provide the CLIENT with a written total fee estimate for each project •
assignment. RUST E&I will not exceed written fee estimates on project assignments without
prior approval from the CLIENT.
Unless otherwise stated within individual Project assignments, compensation for RUST E&I
services will be on an hourly rate plus expenses reimbursement basis. Hourly rates will be
calculated at the preferred client rate of 2.75 times the actual salary rate of individuals
working on project assignments.
B. BILLING AND PAYMENT
1. Timing/Format/Acceptance
RUST E&I will bill the CLIENT monthly, with net payment due in 20 days. The
invoice shall consist of a summary of direct labor hours by RUST E&I's standard job
classification, plus listing of reimbursable costs incurred. Unless CLIENT provides
RUST E&I with a written statement of any objections to the invoice within 15 days of
receipt, CLIENT shall be deemed to accept the invoice as submitted.
•
h]
• 2. Late Payments
Past due balances shall be subject to a service charge at the rate of 1% per month.
3. Delay /Adjustment
The rates set forth above shall remain firm until the end of the calendar year. Rates will
be adjusted annually and RUST E&I will notify CLIENT via invoice.
).VAniumncas.det
!_J
•
MITrENVIRONMENT&
INFRASTRUCTURE
I. STANDARD OF CARE, Services shall be performed in accordance with the
standard of professional practice ordinarily exercisd by the applicable profession
at the time last within the locality when the Services sre performed . Professional
services arc act subject to, and RUST E&I can not provide, any warranty or
guarantee, express or implied, including wartamiss " gusnmees contained in any
uniform commercial code. Any such warranties or guarantees contained in any
purchase orders, requisitions or notices to proceed issued by Client are specifically
objected to.
2. CHANCE OF SCOPE. The scope of Services set forth in this Agreement is
band on facts known at the time of execution of this Agreement, including, if
applicable, information supplied by Client. For some projects involving conceptual
or proccas development services, scope may not be fully definable during initial
phaaes. As the Pmjcct progresses, facts discovered may indicate that scope must
be redefined. RUST E&I will promptly provide Client with an amendment to this
Agreement to recognize such change. which shall be deemed approved if not
objected to within 15 days of receipt by Client.
3. SAFETY. RUST E &I has established and maintains corporate programs and
procedures for the safety of its employees. Unless specifically included as a service
to be provided under this Agreement. RUST E&1 specifically disclaims any
authority or responsibility for general job site safety and safety of persons other than
RUST E&I employees.
6. DELAYS. If events beyond the control of Client or RUST E&1, including, but
ram limited to, firs. Rod, explosion, riot, strike, war, process shutdown, act of God
or the public enemy, and act or regulation of any government agency, result in
delay to any schdu le established in this Agreement, such schedule shall be amended
to the extent necessary to compensate for such delay. In the event such delay
exceeds 90 days, RUST E&I shall be entitled to an equitable adjustment in
compensation.
In the event RUST E &I is delayed by Client and such delay exceeds 30 days, RUST
E&I shall be entitled to an extension of time equal to the delay and an equitable
adjustment in compensation.
S. TERMINATION/SUSPENSION. Either parry may terminate this Agreement
upon 30 days written notice to the other party. Client shall pay RUST E&1 for all
Servicm- including profit relating thereto, tendered prior to termination, plus my
expense of tetminauon.
In the cyan either party defaults in its obligations under this Agreement (including
Client's obligation to make the payments required hereunder), the non -defaulting
Party may, after 7 days written notice luting its intention to suspend performance
under the Agreement if cum of such default is not commenced and diligently
continued, and failure of the defaulting party to commence cum within such time
limit and diligently continue, suspend performance under this Agreement.
6, OPINIONS OF CONSTRUCTION COST. Any opinion of conmctioucoata
prepared by RUST E&1 is applied for the general guidance of the Client only.
Since RUST E&1 has mo controt over competitive bidding or market conditions,
RUST E&1 cannot gummu,, thc accurmy of wch opinions as compared to contract
bids or actual coast to Client.
7, RELATIOMHIP WITH CONTRACTORS. RUST E&I shall ante as
Client's pro&saionel representative for the Services, sand may make
mossmesdationa to Client concerning actions relating to Client's contractors, but
RUST FBI specifically disclaim my authority to direst or supervise the means,
methods, techniques, sequence or procedures of construction selected by Client's
cantmtom.
6 CONSTRUCTION REVIEW, For projects involving wtmtruction, Client
acknowledges that under generally accepted professional practice, interpmuttionsof
conrtnctiondocuments in the field are normally required, and that performance of
eonruclion- rclatdservices by the design professional for the project permits enrom
or omissions to be identified and corrected at comparatively low cost. Client agrecs
W bold RUST E&I harmleas from my claim resulting from performance of
conalrution- relaledacmices by persons other than RUST E &I.
9. INSURANCE. RUST E&I will maintain insurance coverage for Professional,
Comprehensive General, Automobile, Worker's Compensation, and Employer's
Liability in amounts in accordance with legal, and RUST E&I 's business,
requirements. Cenificates evidencingsuch coverage will be provided to Client upon
request. For projects involving construction, Client agrees to require its
construction contractor, if my, to include RUST E &I as an additional insured on
its policies relating to the Project RUST E &I's coverages referencd above shall,
in such case, be excess over contractor's primary coverage.
PART ry
STANDARD TERMS AND CONDITIONS
10. INDEMNITIES. To the fullest extent permitted by law, RUST L11
indemnify and save harmless Client from and again lass, fiability, and damages
assumed by Client, its agents, employees, and representatives by resson of injury
or death to persons or damage to tangible property to the meat caused directly by
the willful miseondu t or failure to adhere to the standard of cart described in
Paragraph I above of RUST E&1. its agents or employees-
To the fullest extent pertained by law, Client shall defend, indemnify, and save
harmless RUST E&J, its agents, employees, and mpresentatives from and against
loss, liability, and damages (including reasonable litigation coats) arising from or
relating to claims for injury or death to persona, damages to tangible property, or
other tosses, alleged to be caused by any of the following: (a) any wbatma c.
condition. dement, or material or any combination of the foregoing (t) produced.
emitted or mleasd from the Project (ii) tested by RUST E&I under this Agreement.
or (iii) used or incorporated by RUST E &1 in the Services: or (b) operation or
managementofthepmject. Client also agrees to require itsmnruaioocomnctor.
if any, to include RUST E&1 ss an indemni[ec under any indemnifieationobliganon
to Client.
11. LIMITATIONS OF LIABILITY. No employee or agent of RUST E&1 shat
have individual liability to Client.
Client agrees that. to the fullest extent permitted by law, RUST E&I 'a total liability
to Client for any and all injuries, claims, losses, expenses or damages whatsoever,
arising out of or in any way related to the Project or this Agreement from any
causes including, but not limited to, RUST E&I's negligence, errors, omissions.
strict liability. or breach of comraclshall not ex m"etmal comps m stionmeived
by RUST E &1 under this Agreement. If Client desire a limit of liability greater
than that pmvidd above, Client and RUST E&J shall include in Pan m of this
Agreement the amount of such limit and the additional compensation to be paid to
RUST E &1 for assumption of such additional risk.
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL RUST E&I BE
LIABLE TO CLIENT FOR CONSEQUENTIAL. INCIDENTAL, INDIRECT.
SPECIAL. OR PUNITIVE DAMAGES.
12. ACCESS. Client shall provide RUST FBI safe accwe to my premises
necessary for RUST E&I to provide the Services.
13. REUSE OF PROJECT DELIVERABLES. Ream of any documeo cr
deliverables, including electronic media. penainingto the Project by Clie s
purpose other than that for which such documents or deliverable were originally
prepared, or alteration of such documents or deliverables without written
verification or adaptation by RUST E&1 for the specific purpose intended, shall be
at the Client's risk. Client agrees to defend, indemnify, sod hold harmless RUST
E&1 from all claims, damages, and expenses, (including reasonable litigation was i.
arising out of such reuse or alteration by Client or others acting through Client.
16. AMEND01EN1-. Ilia Agreement- upon exertion by both parties hereto. cam
be amended only by a writs" instrument signed by both parties.
15. ASSIGNMENT. Except for assignments (a) as entities which counsel, or arc
wmmRd by, the partial hereto or (b) moulting hall operation of law, the rights
and obligationsof this Agreement cannot be reigned by ealherparty without written
permission of the other party. This Agreement shall be binding upon and roam to
the benefit of my permitted assigns.
16. STATUTES OF LDNITATION. To the &Beat extent permitted by law.
partial agree that, except for claim for indemnification, the time period for
bringingclaim under this Agreement shall expire one year after Project completion.
17. PREVAILING PARTY LITIGATION COSTS. In the event soy actions arc
brought to enforce this Agreement, the prevailing party shall be entitled to "Ilea
its litigation emu from the other party.
18. NO WAIVER. No waiver by either party of my default by the other party
in the performance of my particular section of this Agreement shall invalidate my
other section of this Agreement or operate n a waiver of my future default,
whether like or different in character.
19. NO THIRD -PARTY BENEFICIARY, Nothing contained in this Agreement.
nor the performance of the parties hereunder, is intended to benefit, nor shall inure
W the hensfit of. my third party, including Client's contractors, if my.
20. SEVERABI.ITY. The various terms, provisions and covenants herein
contained shall be deemed to be separate and severable, last the invalidim or
uocnforcesbiiit y of my of them shall not aged or impair the validity or
enforceability of the remainder.
21. AUTHORITY. The persons signing this Agreement warrant that th�
the authority to sign as, or on behalf of, the party for whom they arc signs
scxu Am. mai�a,-Tr'
Qualtry through teamwork
A
iJ
M !� _
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCHINSON, MINNESOTA 55350-2563
(612) 587 -7575
FAX (612) 587 -4096
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
O. BARRY ANDERSON
March 8, 1994
Re: Airport Skydiving Issues
Our File No. 3188 -94256
Dear Gary:
OF COONSEI
WILLIAM W. CAMERON
RAYMOND C. LALLLER
5881 CEDAB I.ARE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE 800- 343-4545
FAX (612) 545- 193
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389-2214
FAX (612) 389-5506
2Y 4-1
MAR1N4
8y,
This correspondence will summarize the status of the above
referenced matter.
• In the course of the last two weeks, we have conducted a
preliminary investigation into the suitability of a municipal
skydiving operation. We have had discussions with numerous
communities, the names of which were supplied by the proposed
skydiving operator.
We have determined, as we expected, that liability insurance is not
available for the risks associated with skydiving operations.
Ultimately, the City will have to make an election.
It is possible to offer assurances that the risk to the City from
a death or other injury associated with a skydiving operation can
be reduced to zero. While the risk can be substantially and
significantly ameliorated, by the use of indemnity agreements,
acknowledgements that the City does not operate, manage or control
the skydiving operation and a written lease, the fact remains that
in the event of serious injury, the City would almost certainly be
named as a defendant. If the City is named as a defendant, even if
it is ultimately successful in removing itself from the case by way
of summary judgment, either because of a waiver of liability
document which presumably all persons would be required to sign, or
because the City is not involved in the skydiving operation itself,
the fact remains that the City would have defense costs and
exposure for the general cost of litigation. Any single claim
• could easily result in an expenditure of $10,000 in legal fees and
expenses and, of course, if the case proceeds to trial, perhaps
much more.
CERTIFIED AS A CIVIL TIU.I. SPECIALI ST BY THE MINNESOTA STATE BAR ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /O I
DAVID B. ARNOLD
•OAHY
D. MCDOWELL
STEVEN A. ANDERSON
O. BARRY ANDERSON'
STEVEN S. BODE
LAURA E. FRETLAND
DAVID A. BRUEOOEMANN
PAUL D. DOVE'S
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O.MCOEE
CATHRYN D. REHER
OINA M. BRANDT
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARE PLACE
HUTCHINSON, MINNESOTA 55350-2563
(612) 587 -7575
FAX (612) 587 -4096
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
O. BARRY ANDERSON
March 8, 1994
Re: Airport Skydiving Issues
Our File No. 3188 -94256
Dear Gary:
OF COONSEI
WILLIAM W. CAMERON
RAYMOND C. LALLLER
5881 CEDAB I.ARE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE 800- 343-4545
FAX (612) 545- 193
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389-2214
FAX (612) 389-5506
2Y 4-1
MAR1N4
8y,
This correspondence will summarize the status of the above
referenced matter.
• In the course of the last two weeks, we have conducted a
preliminary investigation into the suitability of a municipal
skydiving operation. We have had discussions with numerous
communities, the names of which were supplied by the proposed
skydiving operator.
We have determined, as we expected, that liability insurance is not
available for the risks associated with skydiving operations.
Ultimately, the City will have to make an election.
It is possible to offer assurances that the risk to the City from
a death or other injury associated with a skydiving operation can
be reduced to zero. While the risk can be substantially and
significantly ameliorated, by the use of indemnity agreements,
acknowledgements that the City does not operate, manage or control
the skydiving operation and a written lease, the fact remains that
in the event of serious injury, the City would almost certainly be
named as a defendant. If the City is named as a defendant, even if
it is ultimately successful in removing itself from the case by way
of summary judgment, either because of a waiver of liability
document which presumably all persons would be required to sign, or
because the City is not involved in the skydiving operation itself,
the fact remains that the City would have defense costs and
exposure for the general cost of litigation. Any single claim
• could easily result in an expenditure of $10,000 in legal fees and
expenses and, of course, if the case proceeds to trial, perhaps
much more.
CERTIFIED AS A CIVIL TIU.I. SPECIALI ST BY THE MINNESOTA STATE BAR ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION /O I
Mr. Gary D. Plotz
March 8, 1994
Page 2
One issue that may be present is the question of whether or not the
operator should be required to personally indemnify the City for
any exposure and whether the operator would be willing to do so.
I am presently collecting documents from a variety of sources in an
attempt to put together an agreement between the City and the
proposed operator that would address some of these issues.
While the risk to the City is small, it is nonetheless real, and
the City Council will need to make a policy decision about whether
or not to proceed with this skydiving operation.
If I can provide any additional information or you have questions,
please do not hesitate to contact me. Thank you. Best regards.
Very truly ypdrb,
ARNOLD &
G. Bar:
GBA:lm
1J
•
•
•DAVID B.ARNOLD
GARY D.McDOWELL
STEVEN A. ANDERSON
O. BARRY ANDERSON'
STEVEN S. HOGE
LAURA H.FRETLAND
DAVID A. BRUEGGEMANS
PAUL D. DOVE
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O. McG£E
CATHRYN D. REBER
GINA M. BRANDT
ARNOLD & MCDOWELL
ATTORNEYS AT LAw
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(612)587 -7575
FAX (612) 587-4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
March 8, 1994
Honorable Marlin Torgerson
Mayor of Hutchinson
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
Re: Cable Television Commission
Our File No. 3188 -87001
Dear Mayor Torgerson:
OF COUNSEL
WILLIAIM W. CAMERON
RAYMOND C. TALLIER
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612 545 -9000
MN TOLL FREE 800- 343-4545
FAX(G12)545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (612) 389-5506
2' 4.1!
N81
ar_ ��•lJ
I write to you today with respect to a Cable Television Commission.
• As I indicated to you during our brief conversations on this topic,
most Cable Television Commissions are multi - jurisdiction bodies
with broad powers granted to the Commission by way of joint powers
agreements. In our particular instance, the Commission's
responsibilities are limited to the City of Hutchinson. As such,
the Commission will act in an advisory capacity and the City
Council will ultimately make decisions regarding the franchise and
service issues.
E
Please note that the initial appointments are to be made by
resolution so that you will have the ability to stagger terms thus
preventing a scenario in which all of the members are finishing
their terms at the same time. I would suggest that we make the
appointments, adopt the resolution, and I will draft the resolution
once that process is completed so that I know exactly who is to be
appointed and the proposed term for the member in question.
I hope this ordinance is helpful to you
Very tru ,
ARNOL ELL
r
G. Barry Anderson
GBA:lm
CC Sue Potter
Gary Plotz
Best personal regards.
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION / V — A,
1
CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
ORDINANCE NO. 94 -106. 2ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA,
ESTABLISHING A CABLE TELEVISION COMMISSION BY ADOPTING A PROVISION
ENTITLED "CABLE TELEVISION COMMISSION" AND BY ADOPTING BY
REFERENCE, CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY OF HUTCHINSON ORDAINS:
Section 1. City Code, Sec. 2.63 entitled " Cable Television
Commission" is hereby adopted to read:
Subd. 1. Establishment and Composition. A Cable Television
Commission is hereby established. The Cable Television Commission
shall be composed of seven (7) members, one of which shall be
appointed by Hutchinson Community Video Network, Inc., or the
successor body to HCVN, Inc. for the purpose of representing the
interests of the provider of public access television to the City
of Hutchinson. The public access representative shall be appointed
by the Mayor. The remaining six members of the Commission shall be
residents of the City and shall serve staggered five (5) year
terms. Initial appointments to the Commission shall be made by
resolution and may be for less than five (5) years to facilitate
rotation of membership on the Commission. The Mayor and the City
Attorney shall be ex officio members.
Subd. 2. Powers and Duties. The Cable Television Commission
shall act in an advisory capacity to the City Council for the City
of Hutchinson and shall make recommendations to the City Council on
issues regarding cable television service within the city limits of
the City of Hutchinson.
Section 2. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire city Code Including
Penalty for Violation" and Section 2.99 entitled "Violation, a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 3. This ordinance shall take effect upon its adoption
and publication.
Adopted by the City Council this 22nd day of March, 1994.
Mayor
Attest:
City Administrator
Published in the Hutchinson Leader on:
First reading:
Second reading:
17J
•
•
%o -A,
IF
February 10, 1994
A$NOLD & MCDOWELL
ATTORINEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(612) 587 -7575
FAX (612) 587 -4096
RESIDENT ATTORN Y
G. BARRY AN N
Yi /G\J 1
i
a
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
Re: Hutchinson Downtown Redevelopment - Phase I
Our File No. 3244 -89031 - Omar Collis
OF COIINSEL
WILLIAM N. CAMERON
RAYMOND C. I.ALLIEN
5661 CEDAR LANE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545-9000
MN TOLL FREE 800- 343-4545
FAX(6M)545-1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55373
(612) 389 -2214
FAX (612) 389-5506
V- jl� '-P6
Dear Gary:
• I am enclosing herewith the executed receipt signed by Omar Collis
indicating that he had received the final payment due to him. With
your receipt of this executed letter, the Phase I redevelopment
project is now complete with the exception of the remaining issues
insofar as the Petro Fund is concerned. When I talked to the
engineer assigned to this project, they were hopeful of being able
y to close out the project yet this year.
I would appreciate it if you would pass along a copy of this
correspondence to the City Council for its review on a "For Your
Information" basis.
•
Thank you.
Very truly yours,
A�2NOLD & McDOWELL
G. Barry Anderson
GBA:lm
Enclosure
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
DAVID B. ARNOLD
OA BY D. WDOWEI.L
.
STEVEN A. ANDERSON
O. BARRY ANDERSON'
STEVEN S. HOOE
"URA K.FRETLAND
DAVID A. HRUEGGEMANN
PAUL D. DOVE"
JOSEPH M. PAVEMENT
JAMES UTLEY
RICHARD O. McOEE
CATHRYN D. REHER
GINA M. BRANDT
February 10, 1994
A$NOLD & MCDOWELL
ATTORINEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(612) 587 -7575
FAX (612) 587 -4096
RESIDENT ATTORN Y
G. BARRY AN N
Yi /G\J 1
i
a
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
Re: Hutchinson Downtown Redevelopment - Phase I
Our File No. 3244 -89031 - Omar Collis
OF COIINSEL
WILLIAM N. CAMERON
RAYMOND C. I.ALLIEN
5661 CEDAR LANE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545-9000
MN TOLL FREE 800- 343-4545
FAX(6M)545-1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55373
(612) 389 -2214
FAX (612) 389-5506
V- jl� '-P6
Dear Gary:
• I am enclosing herewith the executed receipt signed by Omar Collis
indicating that he had received the final payment due to him. With
your receipt of this executed letter, the Phase I redevelopment
project is now complete with the exception of the remaining issues
insofar as the Petro Fund is concerned. When I talked to the
engineer assigned to this project, they were hopeful of being able
y to close out the project yet this year.
I would appreciate it if you would pass along a copy of this
correspondence to the City Council for its review on a "For Your
Information" basis.
•
Thank you.
Very truly yours,
A�2NOLD & McDOWELL
G. Barry Anderson
GBA:lm
Enclosure
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
AR-NOLD & cDOWELL
_-�,TTOR_NEY S AT LASV
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(G12) 587 -7575
Mr. Omar Collis
203 South Lakeside
Lake Crystal, Mn. 56055
FiX (612) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 31, 1994
Re: Hutchinson. Downtown Redevelopment Project
Phase II - Petro Fund \Omar Collis Matter
Our File No. 3244 -89031
Dear Omar:
OF COUNSEL
M'ILLLAM W. CAMERON
RAYMOND C. LALLIER
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545- 9000
)IN TOLL FREE BOO - 343-3545
FAN(612)543 -1793
501 SOUTH FORTH STREET
PRINCETON. MINNESOTA 55371
(612) 389-2214
FAX (612) 389 -5506
I am pleased to enclose and send to you a check dated January 5,
1994 in the original principal amount of $18,020.33. This sum
represents payment of the remaining retention balance plus interest
at the rate provided for in the agreement.
• As I indicated to you during our conference, the issue of
responsibility for clean up costs has not been fully resolved, but
there doesn't appear to be any reason for the City to continue to
retain these funds, and accordingly, I have been authorized to send
them to you.
Please sign in the space indicated at the bottom of the enclosed
copy of this letter and return the letter to our office in the
self- addressed stamped envelope, also enclosed.
On behalf of the City of Hutchinson, please accept our thanks for
your cooperation in connection with the downtown redevelopment
project.
Best personal regards.
Very truly yours,
ARNOLD & McDOWELL
G. Barry Anderson
GBA:lm
Enclosure
• CC Gary Plotz
Ken Merrill
'CERTIFIED AS A CI\ -IL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAM' SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
DAVID H. ARNOLD
GARY D. MCDOWELL
•
STEVEN A. ANDERSON
G. BARRY ANDERSON'
STEVEN S. HOGE
LAURA R.FR£TLA \D
DAVID A. BRUEOGEY-NN
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD G. MCGEE
CATHRYN D. REHER
GINA M.BRANDT
AR-NOLD & cDOWELL
_-�,TTOR_NEY S AT LASV
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(G12) 587 -7575
Mr. Omar Collis
203 South Lakeside
Lake Crystal, Mn. 56055
FiX (612) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 31, 1994
Re: Hutchinson. Downtown Redevelopment Project
Phase II - Petro Fund \Omar Collis Matter
Our File No. 3244 -89031
Dear Omar:
OF COUNSEL
M'ILLLAM W. CAMERON
RAYMOND C. LALLIER
5881 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545- 9000
)IN TOLL FREE BOO - 343-3545
FAN(612)543 -1793
501 SOUTH FORTH STREET
PRINCETON. MINNESOTA 55371
(612) 389-2214
FAX (612) 389 -5506
I am pleased to enclose and send to you a check dated January 5,
1994 in the original principal amount of $18,020.33. This sum
represents payment of the remaining retention balance plus interest
at the rate provided for in the agreement.
• As I indicated to you during our conference, the issue of
responsibility for clean up costs has not been fully resolved, but
there doesn't appear to be any reason for the City to continue to
retain these funds, and accordingly, I have been authorized to send
them to you.
Please sign in the space indicated at the bottom of the enclosed
copy of this letter and return the letter to our office in the
self- addressed stamped envelope, also enclosed.
On behalf of the City of Hutchinson, please accept our thanks for
your cooperation in connection with the downtown redevelopment
project.
Best personal regards.
Very truly yours,
ARNOLD & McDOWELL
G. Barry Anderson
GBA:lm
Enclosure
• CC Gary Plotz
Ken Merrill
'CERTIFIED AS A CI\ -IL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAM' SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Omar Collis
January 31, 1994 •
Page 2
ACKNOWLEDGEMENT
We acknowledge receipt of $18,020.33, which represents full, final
and complete payment of all amounts due and owing to the
undersigned by the City of Hutchinson for the acquisition of
certain property located in downtown Hutchinson bearing property
identification #23- 056 -3090, all as set forth in that certain
option to purchase entered into between the undersigned and
Hutchinson Community Development Corporation.
Omar Collis
Velma Collis
•
•
OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10 Page I
-------------------------------------
1985 TIDS
• FIRST TRUST
1989 IMPROV. BDS
AM.NATIONAL BANK
1993 IMPRO.CON 8
BARR ENGINEERING CO
HUTCHINSON UTILITIES
1994 IMPRO CONST
BOLTON & MENK, INC.
RUST ENVIRONMENT
CAP,IMPRO.FUND
BARR ENGINEERING CO
• CENTRAL GARAGE
BRANDON TIRE CO
CARQUEST AUTO PARTS
CHAMPION AUTO
COAST TO COAST
G & N, SERVICES
H &L MESABI
HANSEN TRUCK SERVICE
HUTCH IRON & METAL
HUTCHINSON WHOLESALE
JERABEK MACHINE SERV
JERRYS TRANSMISSION
MACQUEEN EQUIP INC
MTI DIST.CO
POSTAGE BY PHONE
SCHMELING OIL CO
SORENSEN FARM SUPPLY
STATE OF MINNESOTA
TERMINAL SUPPLY CO
VILLAGE CHEVROLET
WIGEN CHEVROLET CO
CITY HALL CONST.
• ELECTRO WATCHMAN
KEMPFERT DESIGN
SIMONSON LUMBER CO
WELLS INTERIORS
RE HALL DS
PAYING AGENT FEES `6653.75
$653.75
PAYING AGENT FEES $229.06
$229.06
PROF SERV -NOV & DEC $1,109.64
STREET LIGHT PROJECT $16,878.52
$17.986.16
PROF SERVICES $3,179.57
PROF SERVICES $24,523.06
$27,702.63
PROF SERVICES -JAN OTTE $9,424.67
$9.424.67
2 TIRES
$366.15
ALTERNATOR, ETC
$658.92
BRAKE PADS, ROTORS, SE
$111.13
SUPPLIES
$53.54
SHOP TOWELS
$64.41
5 PLOW
$375.05
BOLTS
$41.76
FLAT IRON
$17.69
REPAIR
$514.GS
FLAT IRON
$2.39
SHOCKS
$184.12
EYE BOLTS, SPRINGS, WA
$92.25
FRICTION WHEEL, CABLES
$604.09
FEB POSTAGE
$7.54
HYD OIL
$87.99
WELDING ROD
$11.89
12 DECALS
$48.00
FIT -700, FHM -2
$86.53
GENER REM
$196.63
KNOB
$3.41
$3,628.34
MOVE EQUIPMENT & REINS $200.25
SAND CARVED LOGO SIGN $1,054.35
LUMBER, BRKTS, ETC $223.03
VERTICAL BLINDS $243.54
$1,721.17
OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10 Page 2
----------------------------------------------------------------------------
• AM.NATIONAL BANK PAYING, AGENT FEES $251.66
$251.66
GENERAL FUND
A & B ELECTRIC
LEGION PARK -FEMA
$790.20
ALBINSON
XEROX COPIES
$82.83
ALLEN OFFICE PROD
STAPLES
$161.39
AM.WELDING SUPPLIES
OXYGEN
$35.04
AMI ROTO ROOTER
GARBAGE DISPOSAL
$4S.00
AMOCO OIL CO
FUEL
$101.51
ANDERSON'S DECORATING CENTER
LIQUID NAILS
$S.17
ANDERSON, BARRY
BASKETBALL OFFICIAL
$18.00
ARNOLD & MCDOWELL
WORD OF LIFE ASSMTS SE
$5,430.36
ASHY, TONY
KIDDIE CARNIVAL
$19.13
ASHWILL, RENAE
INSTRUCTOR FEE -SR. CLA
$56.00
ASTM
PUBLICATION
$24.61
ATCO MFG CO.
ALL PRO
$99.80
B &S INDUSTRIES INC
TRAFFIC CONE
$99.99
BARR ENGINEERING CO
JAN PROF SERV- SURFACE
$4,977.36
BECKER ARENA PRODUCTS
ACRYLIC
$754.03
BENNETT OFFICE SUP.
MOUSE PAD
$630.56
BERNICKS PEPSI COLA
POP
$16.80
BIG BEAR
WELD RODS, AIR HOSE, C
$184.46
BRINKMAN STUDIO
S ROLLS FILM
$36.69
CAMERA SHOP
SLIDES, DEV, PRINTS
$12.89
•
CASH WISE
GROCERIES
$216.98
CELLULAR 2000
FEB CHARGES
$227.55
CHAMBER OF COMMERCE
MEETINGS
$43.00
CHRISTENSEN REPAIR.
CHAIN SHARPEN
$1.00
COAST TO COAST
SUPPLIES
$551.69
COMM TRANSPORTATION
HANGAR PAYMENT
$650.00
COPY EQUIPMENT INC
PLOTTERS
$68.08
COUNTY TREASURER
PARCEL PRINTOUT
$10.85
CTN /WORLD TRAVEL
RT TO HARTFORD- S.MADSO
$335.50
DASCHER, DUANE
WINTER SAFETY BOOTS
$30.00
DEPT NATURAL RESOURCES
DNR REG FEES
$728.00
DEPT OF PUBLIC SAFETY -OISM
CJON CONNECT CHARGES
$270.00
ERLANDSON, DAVID
HANDGUNNIING BOOK
$33.58
EWERT JR., DICK
SNOW REMOVAL
$220.00
FAMILY REXALL DRUG
BATTERIES
$50.96
FARM & HOME DIST. CO
PAINT
$144.38
FEDERAL SIGNAL CORP
4 SIREN CONTROLS & ACC
$42,537.17
FESTIVAL FOODS
GROCERIES
$87.78
FITZLOFF HARDWARE
KEY
$190.16
FLOOR CARE SUPPLY
ICE MELT
$7,554.98
FOGS JR., MICHAEL
SCOREBOARD & OFFICIATE
$72.00
FOGG, MIKE
OFFICIATE 9 GAMES
$162.00
6 & K SERVICES
MOPS
$577.93
GIESE, RICK
BROOMBALL REFEREE 10 G
$150.00
GOVT TRAINING SER
REG- J.MARKA
$220.00
GRAND CASINO
SR. TOUR
$300.00
•
GREAT PLAINS SUPPLY
PLYWOOD
$103.29
GREGOR, JOHN
SEMINAR EXPENSES
$13.37
GUARDIAN PEST CTL
FEB SERVICE
$21.57
HAARSTAO, EARL
SAFETY BOOTS
$30.00
HAGEN, JUDY
SKATING REFUND
$12.00
HCI CONNECTING POINT
MONITOR EXTENSION
$349.11
HEO, MARILYN
SHELVES
$132.52
OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10
Page 3
-------------------------------------------------------------------------
HENRYS FOODS INC
TOWELS, TISSUE
$112.38
HOME BAKERY INC
2 DOZ COOKIES
$14.76
•
HUTCH COMM HOSPITAL
BLOOD TESTS
$242.85
HUTCH COOP CENNEX
REPAIR PULLED HOSE ON
$330.67
HUTCH FIRE & SAFETY
HYDRO TESTS, MTC
$57.45
HUTCH IRON & METAL
FLAT IRON
$19.24
HUTCH PLBG & HTG CO
REPAIR FAUCET
$59.87
HUTCHINSON JAYCEES
1994 DUES- J.ARLT
$50.00
HUTCHINSON TEL CO
PHONE SERVICE
$5,114.53
HUTCHINSON UTILITIES
GAS & ELECTRIC -
$19,285.48
HUTCHINSON WHOLESALE
SUPPLIES
$270.12
INK SPOTS
LAMINATE
$78.74
JERABEK, MACHINE SERV
ANGLE IRON
$19.92
JERRY'S SPORT CENTER INC
BREAKFREE, PATCH
$32.87
JOES SPORT SHOP
4 TROPHIES
$48.99
KRISHNAMOORTHI, CHITRA
TRAINING EXPENSES
$47.73
LARSON, QUENTIN
SEMINAR EXPENSE
$15.16
LEAGUE OF MN CITIES
CLAIMS- M.KIRCHOFF
$238.73
LEO'S COSTUMES
BAL OF PAYMENT
$51.56
LETN
MARCH SERVICE
$288.00
LOGIS
JAN COMP CHARGES
$27,040.10
M.C.M.T. INC
MONTHLY SERVICE
$22.31
MADSON, STEVEN
MISC EXPENSES
$175.43
MANKATO MOBILE RADIO
MARCH RADIO MTCE
$3,731.88
MCGARVEY COFFEE INC
COFFEE
$116.05
MCLEOD COUNTY TREASURER
FEMA FUNDS REIMBURSED
$350.72
MINNESOTA DEPT OF PUBLIC SAFET
BIKE REGISTRATION FEES
$27.00
•
MITCHELL, WILLIAM
OFFICIATE 8 GAMES
$144.00
MN AVIATION SYMPOSIUM
REG- D.MEIER
$90.00
MN SPORTS FEDERATION
TOURNAMENT SANCTIONING
$135.00
MN.ELEVATOR INC
ELEVATOR SERVICE
$61.00
MPCA
STORM WATER PERMIT
$540.00
MR. MOVIES
AFFAIR TO REMEMBER
$2.80
MSSA
1994 DUES- L.KARG
$25.00
MUSCO SPORTS LIGHTING INC
RETROFIT KITS
$8,108.91
NAIL TACTICAL OFFICERS ASSC
MEMBERSHIP RENEWAL
$75.00
NO STATES SUPPLY INC
TRBLTE -MTL PROT
$34.00
OLSONS LOCKSMITH
KEYS
$3.73
ORDWAY MUSIC THEATRE
NUNSENSE -3 -31
$551.50
PARK & GROUNDS MANAGEMENT
3 YEAR SUBSCRIPTION
$34.00
PIERCE, BURNETTE
SR. TOUR REFUND
$34.00
PLOTZ, GARY D.
MPCA MTG
$205.20
PLOWMANS
TOW CALL
$9.59
POLK & CO,R.L.
POLK DIRECTORY
$344.00
POSTAGE BY PHONE
FEB POSTAGE
$831.64
QUADE ELECTRIC
METAL HALLIDE
$133.13
QUANTUM LABS
BLUE LABELS
$68.63
R &R SPECIALTIES INC
BEARINGS
$170.19
RADIO SHACK
6IN 2.8 OZ REP SP
$7.69
RICHARD LENNES
FEB COMPENSATION
$2,000.00
RODEBERG, JOHN
MEETING EXPENSES
$42.82
ROSTBERG, ANDY
OFFICIATE 1 GAME
$18.00
RYAN, SCOTT
OFFICIATE 7 GAMES
$126.00
•
SEVEN WEST WASH & DRY
LAUNDRY
$17.57
SHOPKO
VIDEO TAPES
$14.89
SIMONSON LUMBER CO
PLYWOOD FIR
$19.16
STANDARD PRINTING
HOT FILE
$31.51
STAR CABLEVISION
MARCH SERVICE
$4.08
STAR TRIBUNE
SUBSCRIPTION RENEWAL
$19.50
STREICHERS
12 GA TACTICAL
$48.71
OPEN -HOLD COUNCIL REPORT
Tue Mar 8 1994 13:21:10
Page 4
-----------------------------------------------------------------------------
TARGET CENTER
WORLD SKATING -46 TICKE
$1,403.00
TEK MECHANICAL
REPAIR BATHROOM CAMPGR
$2,103.38
• TEMPLETON INC
JAN & FEB CONTRIBUTION
$436.71
THE SALTMAN
WATER SOFTENER
$1,544.25
TICKET CRAFT
1300 TICKETS 3 SETS
$212.90
TWO WAY COMM INC
MIC CORD
$169.11
U.S.P.C.A. REGION 12
DUES- R.BAKKEN
$60.00
UNITED BLDG CENTERS
PLYWOOD
$508.77
UP & AWAY BALLOONS
WINTER BANQUET DECORAT
$25.00
VFW POST 906
83 SERVED FOR SR. DINN
$581.00
VIEYRA,REBECCA
KIDDIE CARNIVAL
$20.19
VIKING COCA COLA
POP, CUPS
$59.00
VIKING OFFICE PRODUCTS
STAPLES ETC
$125.23
W. M. MONTGOMERY
PROF SERVICES
$1,681.00
WAAGE, RICHARD
INVESTIGATION EXPENSES
$118.20
WAL -MART
SUPPLIES
$61.97
WALDRON, ERIC
KIDDIE CARNIVAL
$20.19
WEST PUBLISHING CO
MN RLS CT
$20.61
XEROX CORP
5052 CONTRACT PAYMENT
$329.80
ZWASCHKA, LOIS
SKATING REFUND
$56.58
$41,013.75
$151,207.95
INSURANCE FUNDS
AMERICAN HEART ASSC 2 REG- GRAHAM & BAUMETZ $80.00
$80.00
• PAYROLL FUND
AETNA VARIABLE LIFE ASS. CO.
EMPLOYEE
CONTRIB
2 -26
$555.00
GREAT WEST LIFE INS. CO.
EMPLOYEE
CONTRIB
2 -26
$110.00
H.R.L.A.P.R.
EMPLOYEE
CDNTRIB
2 -26
$191.40
ICMA RETIREMENT TRUST
EMPLOYEE
CONTRIB
2 -26
$1,809.00
PERA LIFE INS CO.
EMPLOYEE
CONTRIB
2 -26
$141.00
PERA - D.C.P.
EMPLOYER
CONTRIB
2 -26
$52.02
PRUDENTIAL
EMPLOYEE
CDNTRIB
2 -26
$140.00
PRUDENTIAL MUTUAL FUNDS
EMPLOYEE
CONTRIB
2 -26
$318.46
PUBLIC EMPLOYEES
EMPLOYEE
CONTRIB
2 -26
$11,737.67
TEMPLETON INC
EMPLOYEE
CONTRIB
2 -26
$428.65
WADELL & REED
EMPLOYEE
CDNTRIB
2 -26
$150.00
WITHHOLDING TAX ACCT
EMPLOYER
CONTRIB
2 -26
$25,380.35
$41,013.75
RURAL F. D.
ALLEN OFFICE PROD BINDING COMBS $6.30
FESTIVAL FOODS COFFEE & POP $30.35
HUTCHINSON WHOLESALE SUPPLIES $1.27
INK SPOTS CRIMINAL REPORT COVERS $21.68
SPARTAN MOTORS INC COVER, HUBCAP $26.98
$88.58
• WATER /SEWER FUND
AAGARO WEST FEB RECYCLING PICT
ALLEN OFFICE PROD DESK ORGANIZER
AM.PAYMENT CENTERS 3 MOS RENT
AMI ROTO ROOTER PUMP LIFT STATION
ANDREE, VAUGN DOUBLE PAYMENT OF
BENNETT OFFICE SUP. KEYBOARD COVER
(UP $22,212.27
$12.97
$68.00
DISP $65.00
WATE $179.00
$47.49
•
•
•
OPEN -HOLD COUNCIL REPORT Tue Mar 8 1994 13:21:10
BRANDON TIRE CO
COAST TO COAST
CROW CHEMICAL CO
CURTIN SCIENTIFIC CO
D.P.C.IND.INC
DATA -CAL CORP
ELECTRIC MOTOR CO
ERICKSON CLEANING SERVICE
FAMILY REXALL DRUG
FARM & HOME DIST. CO
FEED RITE CONTROLS
FESTIVAL FOODS
FIRST TRUST
FITZLDFF HARDWARE
FLOOR CARE SUPPLY
G & K SERVICES
HACH COMPANY
HARRIS MECHANICAL
HAVENMEIER, BRET
HUTCH CONVENTION &
HUTCH FIRE & SAFETY
HUTCHINSON TEL CO
HUTCHINSON UTILITIES
HUTCHINSON WHOLESALE
LOGIS
MEIER, DOUG
MN VALLEY TESTING LAB
MPCA
MWOA
NALCO CHEM.CO
NCL
PLUMBING & HTG DOCTOR
POSTAGE BY PHONE
QUADE ELECTRIC
SANIFILL INC
SERCO LABORATORIES
SHOPKO
THUNDERBIRD HOTEL
TRI CO WATER COND
U S POSTMASTER
UNITED BLDG CENTERS
UNIVERSITY OF MN
-------------------------
2 TIRE CASINGS RETURNE
CLEANERS
RID ICE, TOWELS
STIRRER
SULFUR DIOXIDE
TRG VIDEOS
INSTALL BEARINGS
CLEAN CARPETS
FILM
PLIERS, CLAMPS
ACID HYDROFLUOSILICIC
SUPPLIES
PAYING AGENT FEES
CONDUIT ELBOW
VALU FOLD
SHOP TOWELS
REAGENT SET, APP SET
JAN PREVENTIVE MTCE
DOUBLE PAYMENT OF WATE
JAN LODGING TAX
HYDRO TESTS, RECHARGES
PHONE SERVICE
JAN GAS & ELEC
SUPPLIES
DEC COMP CHARGES
TRAVEL FOR VACTOR REPA
TESTING
WWTF ANNUAL PERMIT
REG- J.LANZ
NALCO FLOCCULANT
LAB SUPPLIES, GLOVES
INSTALL 2 GAS HEATERS
FEB POSTAGE
40' EMT
TRASH LOADS -
TESTING
LEGAL PADS, PRO MIX, E
LODGING- R.DEVRIES
3 BAGS SALT
MARCH WATER BILLS POST
SHELF BRKTS, SCREWS
SAFETY VIDEO
Page 5
- $200.00
$355.90
$78.96
$220.15
$484.58
$357.85
$56.33
$102.99
$3.90
$86.54
$606.84
$21.66
$646.25
$18.00
$551.73
$288.20
$86.41
$1,025.00
$42.77
$1,342.34
$182.43
$498.66
$646.13
$102.13
$3,289.82
$17.55
$339.00
$2,800.00
$30.00
$4,616.78
$208.25
$1,742.00
$141.62
$42.06
$19,765.08
$225.00
$64.75
$335.00
$14.70
$250.00
$33.37
$69.43
$64,175.31
$318,065.03
OPEN -HOLD COUNCIL REPORT Tue Mar 6 1994 13:18:56 Page 1
-----------------------------------------------------------------------------
CITY HALL CONST.
• HUTCHINSON TEL CO PHONE SERVICE $200.37
$200.37
GENERAL FUND
HUTCHINSON TEL CO PHONE SERVICE $5,166.50
MEDICINE LAME TOURS TOUR FOR 20 $640.00
MN MUNICIPAL BOARD ANNEXATION FEE $261.50
$6,068.00
WATER /SEWER FUND
HUTCHINSON TEL CO PHONE SERVICE $540.04
$540.04
$6.808.41
WIRE PAYMENTS
is
PAYROLL FUND
N1n Dept of Revenue employee contribution 4,996.90
RED & POOL DEBT SERVICE
Chemical Bank principal & interest 38,805.00
WATER 6 SEWER FUND
Chemical Bank interest 13,631.25
•
L
E
E
HANDWRITTEN CHECKS TUES MAR 8, 1994
-------------------------------------- --------------------- - - - - - --
LIQUOR FUND
Bernick's Pepsi
pop
124.50
City of Hutch
lottery sales
553.00
City of Hutch
payroll 2 -18
4,165.71
City of Hutch
payroll 2 -4
3,955.25
Coast to Coast
supplies
22.70
Ed Phillips
wine & liquor
5,716.08
Electro Watchman
quarterly charge
261.99
Floor Care
wet floor sign
57.68
Friendly Bev
beer
446.90
Fronteer Directory
listings
929.10
Griggs Cooper
wine & liquor
7,655.56
Henry's Foods
bags, cigarettes
1,275.50
Hermel
cigarettes
553.94
Hutch Leader
ads
319.00
Hutch Telephone
phone service
105.52
Hutch Utilities
gas & elec
1,033.07
Insurance Planners
bond lottery
50.00
Johnson Bros
wine & liquor
7,783.89
Johnson Brothers
wine & liquor
5,401.37
Jordan Bev
beer
573.80
KARP
contract
155.00
Kubasch
trash pickup
167.47
Lenneman Bev
beer
2,333.90
Lenneman Bev
beer
3,848.05
Locher Bros
beer
4,532.97
Locher Bros
beer
9,661.55
Lundholm, Lori
windows
42.60
MN Dept of Revenue
Jan sales tax
9,996.00
Quality Wines
wine & liquor
4,180.71
Quality Wines
wine & liquor
554.20
Quality Wines
wine & liquor
77.13
Quality Wines
wine & liquor
1,486.57
Retail Data System
mtce contract
2,110.65
Retail Data System
service call
96.00
Tri County Water
water cooler
28.76
Triple G
pop
14.50
Triple G
beer
13,324.15
Triple G
beer
9,364.90
Viking Coca Cola
pop
394.00
TOTAL $103,353.67
. 4
C.
M E M O R A N D U M
March 2, 1994
TO: Mayor and City Council
FOR YOUR INFO ftZ0N
FROM: John P. Rodeberg, Director of Engineering /Public Works
RE: Petition to Environmental Quality Board (EQB) in Regards to
Hutchinson Iron and Metal Proposed Relocation
Attached please find a petition for an Environmental Assessment
Worksheet (RAW) for the above referenced project, and related
correspondence from the EQB. Please note that the procedures
outlined in the letter from the EQB call for the City to make a
determination if an EAW is warranted within 39 working days.
I will review the petition and make a recommendation to the City
Council for the meeting of March 22. We also are planning a
• meeting with the HCDC and adjacent land owners on Monday, March 7
and are scheduled to consider the Conditional Use Permit with the
Planning Commission on the 15th. The Planning Staff has
recommended continuing the meeting until all required information
has been supplied.
CC: Dick Lennes - HCDC
FILE: Hutch. Iron & Metal
City Hall Parks & Recreation Police Department
37 Washington Avenue West 900 Harrington Street 10 Franklin Street South
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Hutchinson, Minnesota 55350
- Printed on recycled paper -
• February 28, 1994
Mr. John Rodeberg, Director of Engineering /Public Works
City of Hutchinson
Hutchinson City Center
111 Hassan St. S.
Hutchinson, MN 55350 -2522
RE: Petition for an Environmental Assessment Worksheet (EAW)
for Hutchinson Iron and Metal Relocation
Dear Mr. Rodeberg:
The Environmental Quality Board (EQB) has received a petition
requesting that an EAW be prepared on the project described in
the petition, and has determined that the City of Hutchinson is
the appropriate governmental unit to decide the need for an
EAW. The requirements for environmental review, including the
preparation of an EAW, can be found in the Minnesota Rules,
parts 4410.0200 to 4410.7800. Please contact me if you do not
have access to these rules.
The procedures to be followed in making the EAW decision are
set forth in part 4410.1100. Key points in the procedures
include:
No final government approvals may be given to the project
named in the petitions, nor may construction on the
project be started until the need for an EAW has been
determined. Project construction includes any activities
which directly affect the environment, including
preparation of land. If the decision is to prepare an
EAW, approval must be withheld until either a Negative
Declaration is issued or an Environmental Impact Statement
(EIS) is completed (see part 4410.3100.)
2. A first step in making the decision regarding the need for
an EAW would be to compare the project to the mandatory
EAW, EIS and Exemption categories listed in parts
4410.4300, 4410.4400, and 4410.4600, respectively. If the
project should fall under any of these categories,
environmental review is automatically required or
prohibited. If this should be the case, proceed
accordingly.
3. If preparation of an EAW is neither mandatory nor
exempted, the City has the option to prepare an EAW. The
standard to be used to decide if an EAW should be done is
given in part 4410.1100, subp. 6. Note that this requires
• that a record of decision including specific findings of
fact be maintained.
i � 11111B1Mfull 11/11111 10110 151 11111 sillfi r Pill 11 55155 117 741 -7181 IR7 117 741 -11RR 11111 PPPYIRIP Al M 0II1VIRe
February 28, 1994
Page Two
4. You are allowed 30 working days (Saturdays, Sundays and
holidays do not count) for your decision if it will be
made by a council, board, or other body which meets only
periodically, or 15 working days if it will be made by a
single individual. You may request an extra 15 days from
EQB if the decision will be made by an individual.
5. You must notify, in writing, the proposer, the
petitioners' representative and the EQB of your decision
within five working days. I would appreciate your sending
a copy of your record of decision on the petition along
with notification of your decision for our records. This
is not required, however.
6. If for any reason you are unable to act on the petitions
at this time (e.g., no application has yet been filed or
the application has been withdrawn), the petitions will
remain in effect for a period of one year, and must be
acted upon prior to any final decision concerning the
project identified in the petition.
Notice of the petitions and its assignment to your unit of
government will be published in the EOB Monitor on March 14,
1994.
If you have any questions or need any assistance, please do not
hesitate to call. The phone number is (612) 296 -8253 or you
may call on our toll -free line by dialing 1- 800 - 657 -3794.
Sincerely,
Gregg Downing
Environmental Review Coordinator
cc: Steve and Shelly Eggert
•
•
40
`7-77,
r.1.
A. •
• Mr. Greg Downing:
We are petitioning for an Environmental Impact Statement because of the !
proposed move of Hutchinson Iron & Metal (Owner, Mr. Jay Freedland). We:.feel
this move will have a great impact on the surrounding environment.
The proposed site is in McLeod County, west of Hassen Valley Township,
east of the Farmers Elevator. North is bordered by Arch Street and the Fischer
residence borders the east and the railroad borders to the south.
Mr. Freedland has signed a purchase agreement with the Farmers Elevator
for approximately four and one half acres. Which he has had to apply for a
conditional use permit. (Copy of permit enclosed). To fully utilize this
acreage about an acre of wetland Type 2 -3 Combination will have to be filled
in. In doing this the run off from the Scrapyard will run into more wetland
to the east, which is private property. This wetland when full comes within
• 100 feet of a neighboring house. If the wetland becomes contaminated what
health effect will this cause? We have three residences within 250 feet
Of the proposed site, which all have private wells. Since these hares are
in the township of Hassen Valley and the proposed site is within the city limits
of Hutchinson, bordering the Township, the government of the city doesn't seem
concerned as to the environmental effect in this township. Since their own
city ordinance says they cannot put such a site within a 1000 feet of a
residential zone. The natural drainage from the proposed site will run into
the Crow River and that is why we are concerned about the run off of surface
and ground pollution.
It was stated at the Hutchinson Council Meting on January 25th there is
some real concern of a cleanup at the present site. We don't want to see the
• proposed site polluted, or our lands which border the proposed site. At
least soil testing could be in order?
The wetland which will be affected if polluted is a type 2 -3 combination
with cattails. This area is home to several wildlife species which pollution •
will certainly have an affect. There is also concern for the noise pollution and
rats which are known to be at the present site.
What effect will this proposed Scrapyard have on the wetlands, surface and
ground if it becomes polluted?
If the wetlands becomes polluted what effect will it have on the surrounding
residences?
What effect will it have on our wells (which are within 250 feet) if it
becomes polluted?
What effect will it have on our abundant wildlife?
Who's responsible for clean up, if ground and wetlands should become polluted?
What effect will this Scrap yard have on the County Ditch (19A.) that flows
into the Crow River?
* Enclosed you will find pictures of the scrap yard marked with potential •
Pollution hazzards.
* Pictures of the present scrap yard and the proposed scrap yard site
and also of the present wetlands.
* Plat maps of marked sites.
* Zoning Ordinances.
* Newspaper Articles
* Copy of application for G-)nditional Use Permit.
We want to thank you for your tii(e and the opportunity to voice these
deep concerns of ours on the proposed project. we would appreciate a reply as
soon as possible since the planning hearing is March 15th, 1994.
Sincerely,
Morris Fischers & Steven Ergerts
Our representatives are Steve & Shelly Eggert, 1105 Arch Street, Hutchinson, •
Minnesota 55350 4 587 -9348.
CITIZENS PETITION TO INITIATE AN ENVIROMENTAL ASSESSMENT WORKSHEET
•
WE THE FOLLOWING CITIZENS ARE CONCERNED THE PROPOSED MOVE OF HUTCH
IRON AND METAL (SCRAP YARD) SHOULD IT TAKE PLACE, HAS THE POTENTIAL
TO DO SIGNIFICANT HARM TO THE ENVIROMENT.
rc,h 6�. �/u �ch,eiso.)l rev• 5� d
' tom U /OS Q�ch 'ji AacAt- /'Jn. as35o 587 -93 8
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•
7. Present Zoning District: 8. Zoning Ordinance Section Authorizing
•
12 Conditional Use Permit:
S. IS
9. Present Use of Property: 10. Proposed Use of Property:
vacant Scrap Yard
ll. Description of Request:
Cbnditimsi vAe paznit
nuit: A scaled map survey is required to accompany th s application. The map
should include the building site (lots), existing building, planned new build -
ing(s), or addition(s), existing and proposed setbacks, street names and alleys,
and N/S direction.
1 What will be the effect of the proposed use on hea th, safety and welfare-
of occupants of surrounding land:
13. What will be the effect on existing and anticipated traffic conditions,
including parking facilities on adjacent streets?
s -ght increase in traffic
APPLICATION FOR CONDITIONAL USE PERMIT
CITY OF HUTCHINSON, MINNESOTA
CITY O
OF HUTCHINS N
SUBMITTED DEADLINE: O:-or before the last working day of the m
month. (including seal
map s _
_
1. N
Name of Applicant: Date filed 1/25/94
Telephone N
No.
Hutchinson. Trcn a Metal, Inc.
2. A
Address of Applicant:
304 - 1st Ave SE Hutchinson, MN 55350
3. N
Name of Property Owner: (if different from applicant
Hutchinson Farmers Elevator Association
4. A
Address of Property Owner:
1200 Arch St. Hutchinson, MN 55350
5. S
Street Address of Property Involved:
1200 Arch St. Hutchinson, MN 55350
6. L
Legal Description of Property Involved: (
(Circle one - abstra -
- torrens)
See Attached
12 Conditional Use Permit:
S. IS
9. Present Use of Property: 10. Proposed Use of Property:
vacant Scrap Yard
ll. Description of Request:
Cbnditimsi vAe paznit
nuit: A scaled map survey is required to accompany th s application. The map
should include the building site (lots), existing building, planned new build -
ing(s), or addition(s), existing and proposed setbacks, street names and alleys,
and N/S direction.
1 What will be the effect of the proposed use on hea th, safety and welfare-
of occupants of surrounding land:
13. What will be the effect on existing and anticipated traffic conditions,
including parking facilities on adjacent streets?
s -ght increase in traffic
Page 2 .
14. What will be the effect on property values in the surrounding area?
I don't )mow
t will be the effect of the proposed use on the comprehensive plan
10. now wiii the proposed development be designed, arranged, and operated
in order to permit the development and use of neighboring property in
accordance with the applicable district regulations?
the site will be designed, arranged and operated so as not to affect the
adjoining Property in any way
��Arlvwleuyemenz ana signature: The undersigned hereby represents upon
all of the penalties of law, for the purpose of inducing the City of
Hutchinson
ofrtheeCity ofnHutchinsonland theelawsaofothenState
of Minnesota. •
owner signature reoui
Date: 1/25/94
To be completed by staff:
Property Identification No.
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R E S a HSTD AESI, HSTD I. Uss 1hh amount on Form M IPA to sea if youYe a paaa to a properly tax Island
Fk by August 15. If box is checked you owe dabnpuem [awes and are nor at".
2. Use this amount for the .pedal property lax refund on schedule t of Form M 1 PR
Now Imp. 600 YOUR PROPERTY TAX AND HOW IT IS REDUCED BY THE STATE
Est. MV 4 8 O O 53P70O 3. You property tax before reduction by stale pad sots and credits
Propeny, description lox lax purposes onty. a. Ad gad by the State of Minnesota to reduc,.jocj BQry4ax
AP W 112 SEC 5-116-29 5. A. Homestead and ADroNlual cred' p dji the State ofMn fiegots
LOT-008 B. Other credits Paid by the Slate of j^I ota
^�
S. You property tax after reduction by stales�-p,e ""o rr, t/ d,, c, jj 1 .I
WHERE YOUR, PROPE.sTT.TAK DOCLARZOO
INT.:
NO RECEIPT SENT UNLESS REQUESTED.
YOUR CANCELLED CHECK IS YOUR RECEIPT.
YOUR CHECK IS NOT VALID UNTIL IT
CLEARS THE BANK.
7. County
S. City ce town ��1 •� r.
9. Scholl dislrKl '
pp
10. Special lasing districts
A. C -WIDE
e
Cr
11. Voter approved relerends levies
12. Total Poperly Ias txfore special assessments
13. SPada1 sessssmenls added to this progeny tax blew
taw Vpur 1. is property tax and spacial as"Ismanla
STEVEN V 6 MICHELE R EGGERT
1105 ARCH ST
HUTCHINSON MN 55350
MAKE CHECKS PAYABLE AND MAIL TO
LINDA J. RADTKE. McLEOD CO. TREASURER
e3D 11701 ST. E.
GLENCOE. MN 55336
0,423
538.00
1!873.02
704.41
630.61
538.00
209.62
54.73
272.62
1.03
.00
538.00
10.00
548.00
FIRST HALF DUE I S
MAY 15 0
317.00
634.00
2!189.30
812.73
742.37
634.00
250.15
67.30
315.28
1[27
.00
634.00
.00
ECOND HALF DUE
317.00
You may bo aNglble fore" or ewn two refunds fo rsdrtca yourpropatl y fax.
Read fhe back of this statement to find Out how to apply.
DAVID B. ARNOLD
•
DART D. MCDOWELL
STEVEN A. ANDERSON
O. BARRY ANDERSON'
STEVEN S. HOOE
LAURA R.PRETLAND
DAVID A. BRUEOOEMANN
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O. MCOEE
CATHRYN D. REBER
OINA M. BRANDT
February 22, 1994
ARNOLD & MCDOWELL
ATTORNEYS AT LAw
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(612) 587 -7575
FAX (612) 587-4096
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
O. HARRY ANDERSON
Re: Cable Communication Issues
Our File No. 3244 -92054
Dear Gary:
C
FLJI04
ic. -`lam
OF COUNSEL
WILLIAM W.CAMERON
RAYMOND C. TALLIER
3881 CEDAR LASE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612 545-9000
MN TOLL FREE 800-343 -4545
PAX(612)545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389-2214
FAX (612)389 -5506
FOR YOUR INFORMATION
I had a chance to meet with the Mayor and other interested parties
on the issue of whether or not the City should separate the two
organizations formally or informally charged with responsibility
for cable franchise renewal negotiations.
As I am sure you know, at present, the City has an informal cable
television advisory board that is not recognized by ordinance and
membership in which is generally coterminous with membership on the
Board of Directors of Hutchinson Community Video Network, Inc., a
non profit organization under 501(c) (3) of the Internal Revenue
Code. The latter organization is charged with the responsibility
of managing and promoting public access.
The community of identity between these two organizations is
largely an accident of history rather than any kind of conscious
plan and, in fact, ten years ago when public access in this
community was revitalized by the hiring of the present coordinator,
Sue Potter, neither group was active in any significant way.
Obviously, both public access and cable television are fertile
fields for new developments in the recent past. We have every
reason to expect this trend to continue.
The Mayor was of the opinion that the Council should discuss the
. issue of whether to separate the two entities and create by
ordinance a formal cable television committee or commission.
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BA8 ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Gary D. Plotz
February 22, 1994
Page 2
I have not drafted such an ordinance because I have not yet been
directed by the Council to do so, but it does seem to me to be a
subject of substantial merit and worth considering.
It should be noted that I have not polled the Board members to
determine if they agree to disagree with the proposed change.
The above is for your information. Please contact me with
questions.
CC Cable TV Advisory Board
HCVN Board
i
•
•
February 21, 1994
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARR PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(612) 587 -7575
FAX (612) 587-4096
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON ,`
,� FE8 jg�
RECtr
Re: Hutchinson Airport Condemnation Project
Our File No. 3244 -93069
Dear Gary:
OF COUNSEL
WILLIAM W. CAMERON
RAYMOND C. LALLIER
S I CEDAR LARE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545-9000
MN TOLL FREE 800- 343 -4545
PAX(612) 545 -1793
501 SOUTH FOURTH STREET
'RINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (612) 389 -5506
1EOR YOUR INFORMATION
Enclosed please find a statement from Robinson Appraisal Company
for $3,000 for the preparation of an appraisal of the fair grounds
property. This invoice is within the range quoted by Mr. Robinson
and I have reviewed his final product and have found it to be
acceptable and accordingly, his invoice can be paid at your
convenience.
I am also enclosing for your information a copy of the summary page
prepared for the Minnesota Department of Transportation which
reflects the valuation numbers that Mr. Robinson arrived at for the
fair grounds property. I would suggest that this correspondence
along with that valuation page be included in the next City Council
packet for the Council's information.
The valuation that Mr. Robinson arrived at is consistent with the
re- evaluation that Dave Lorence did on this property. Lorence
indicated that, based on more recent sales, he could support a
valuation on the property in the mid $60,000 range.
I realize the Fair Board would very much like to see a higher
figure and an argument could be made that this is to the advantage
of the City in that the City does receive substantial reimbursement
from the State of Minnesota for this project. However, I see no
prospect that such an evaluation can be arrived at and the only way
such a figure could be achieved would be if a formal condemnation
• hearing was held and that figure was the one arrived at by the
Commissioners.
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
" CERTIFIED AS A HEAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
DAVID H. ARNOLD
GARY D. MCDOWELL
A. ANDERSON
•STEVEN
G. BARRY ANDERSON'
STEVEN S. HOGE
LAURA E. PRETLAND
DAVID A. BRUEOOEMANN
PAUL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD O. MCGEE
CATHRYN D. REHER
GINA M. BRANDT
February 21, 1994
ARNOLD & MCDOWELL
ATTORNEYS AT LAW
101 PARR PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(612) 587 -7575
FAX (612) 587-4096
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON ,`
,� FE8 jg�
RECtr
Re: Hutchinson Airport Condemnation Project
Our File No. 3244 -93069
Dear Gary:
OF COUNSEL
WILLIAM W. CAMERON
RAYMOND C. LALLIER
S I CEDAR LARE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545-9000
MN TOLL FREE 800- 343 -4545
PAX(612) 545 -1793
501 SOUTH FOURTH STREET
'RINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (612) 389 -5506
1EOR YOUR INFORMATION
Enclosed please find a statement from Robinson Appraisal Company
for $3,000 for the preparation of an appraisal of the fair grounds
property. This invoice is within the range quoted by Mr. Robinson
and I have reviewed his final product and have found it to be
acceptable and accordingly, his invoice can be paid at your
convenience.
I am also enclosing for your information a copy of the summary page
prepared for the Minnesota Department of Transportation which
reflects the valuation numbers that Mr. Robinson arrived at for the
fair grounds property. I would suggest that this correspondence
along with that valuation page be included in the next City Council
packet for the Council's information.
The valuation that Mr. Robinson arrived at is consistent with the
re- evaluation that Dave Lorence did on this property. Lorence
indicated that, based on more recent sales, he could support a
valuation on the property in the mid $60,000 range.
I realize the Fair Board would very much like to see a higher
figure and an argument could be made that this is to the advantage
of the City in that the City does receive substantial reimbursement
from the State of Minnesota for this project. However, I see no
prospect that such an evaluation can be arrived at and the only way
such a figure could be achieved would be if a formal condemnation
• hearing was held and that figure was the one arrived at by the
Commissioners.
'CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
" CERTIFIED AS A HEAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Gary D. Plotz
February 21, 1994
Page 2
I have requested that the State authorize the additional funds for
negotiation purposes with the Fair Board. No Council action is
required at the present time.
Should you have any questions or comments in connection with any of
the foregoing, you certainly should feel free to contact me.
Thank you. Best regards.
Very truly yours,
9 Bgrry Anderson
BA
:lm
Enclosures
•
•
i•. ^.; C�J! •�i�- 17S5/�1l l�ii:VlSa:il .i -:vJ)
yLATE OF M"N ESOTA
URBA:: PROPERTY
VALUATION 5U:'•!i•1;,R At!ri COaCLUSIMIS
4
DEPARTMENT OF
TP.AXS PORTAT IO ?1
PARTIAL. TAKLOC;
S.P. i�trhijggn Airport N0. Fairarpu�Su ary or Appraisal
lOn
County McTPM ESTIRATE OF VALUE BEFORE TARIM
Owner McLeod Co. Agricultural Land Value _32.11 Ig%gt-A, Own 5 9601;lf)
Ass oclarion
s C/
Property AZdress Lots 1 & .2,
Block 2, Fair Grounds Addition
Appraisal Date January 21, 1994
Rights and interests appraised
Fee simple X
Easement
Tenant':_ interest:
Other
Zoning I /C. Industrial &go cial
doPresent Use Vacant
Improvements None S -Q-
Landscaping None -0-
TOTAL
F.STIidATE OF VALUE. AFTER TAKING
Ac.
Land Value 13,22 Ak/ $2,700 535,700
sf/
mp
M
[1
Remaining
Highest and Best Use
I rprovtcents None
S -0-
Before Industrial /Commercial
Landscaping None
-0-
After us Cottmercia
Lot size See Sketch x
TOTAL
$35,700 _
32.17 Acres
Land Area
TOTAL DAMAGE
S 56,850
Improvements '
ALLOCATION OF ACQUISITION
Type of Building None
Ac.
Living Units None.
Land Taken 18:95 at/ 5 ,000
S SS 5 n _.
Improvements
Taken None
S -0- —
Landscaping None
-0-
Serverancc 11.22 Ac. @ $300/Ac:
3,966 —
Appraised I \��. ;�1wlvY�1 'v it
Date January 71 _ 1QQA
TOTAL DAt•IAGE
560 R
M
[1
Robinson Appraisal Co. Inc.
115 South Broad
Mankato, MN 58001
F
City of Hutchinson
ATPESSPION: G. Harry Anderson, City Attorney
101 Park Place
Hutchinson MN 55350 -2563
L J
Terms: After 30 days, 1%
INVOICES
Date: February 15, 1994
File No.: 931111
File Under: 1D-O
Services Rendered:
Charges
Total Due
Narrative market value appraisal ( "Before" and "After ") of
McLeod County Agricultural Association land, Hutchinson,
,,,$3,000.00
$3,000.00
Includes 1 original, 1 copy,
•
mease mauae one copy of
the invoice with your check.
Thank You!
Pay last amount
in this column.
•
DAVID B. ARNOLD
•GARY
D. MCDON•£LL
STEVEN A. ANDERSON
O. BARRY AN'DERSON'
STEVEN S.HOGE
LAURA X. FRETL_kND
DAVID A. BRUEGG£MANN
PALL D. DOVE"
JOSEPH M. PAIEMENT
JAMES UTLEY
RICHARD G. MCGEE
CATHRYN D. REHER
GINA M. BRANDT
February 16, 1994
ARNOLD & - McDOIVELL
kTTORNEYS AT LAW
101 PARK PLACE
H UTCHINSON, MINNESOTA 53330-2563
(612) 587 -7575
FiY (612) 587 -4096 f
RESIDENT ATTORNEY
O. BARRY ANDERSON
Hutchinson Area Chamber of Commerce
45 Washington Avenue East
Hutchinson, Mn. 55350
Re: Mainstreet Association
Our File No. 3188 -87031
Dear Chamber Representative:
FOR YOUR INFORMATION
OF COOSSE1
WILLIAM W. CAMERON
RAYMOND C.IAIIJER
5881 CEDAR LAIfE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
MN TOLL FREE BOO - 343-4545
FAX (612) 545-1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389-2214
PAX (612) 389 -5506
T * G2
a
'*Ago
V
BY_f'
In reviewing the above referenced file, I note that the so- called
. "Popcorn Wagon" was leased to certain individuals beginning in May
of 1993 and ending in October, 1993. obviously that lease has now
expired.
•
Please note under the franchise that a lease is required as well as
a certificate of insurance. At your convenience, I would
appreciate it if you would advise as to the status of this matter.
Thank you. Best regards.
Very truly yours,
ARNOLD & McDOWELL
G. Barry Anderson
GBA:lm
CC _Gary Plot%
'CERTIFIED AS A CI\ "IL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
'CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE filNN£SOTA STATE BAR ASSOCIATION
f0R Y��R 1Nf�R
• Pioneerland Library Board of Directors Mq rION
Saturday, January 22, 1994 - 2 pm
at Renville Community Center, Renville, MN
The meeting was called to order by President Nancy Alsop.
New board members present were introduced: Larry Ladd, representing the city of
Hutchinson, and Pam Anderson representing the city of Dawson. Two guests were
also in attendance representing the city of Glencoe in the absence of Linda
Johnson. It was also noted that Arlene Lacombe, the commissioner and long time
PLS board directory from Big Stone County, was in attendance for their new
director, Richard Lane.
The minutes from the previous meeting had been mailed to everyone. A motion was
made by Al Huff, seconded by Dorothy Tebben, passed, to approve the minutes as
presented.
The finance committee chairman, Orville Rudningen, made a motion to accept the
treasurer's reports for October and November (also, it was noted that December's
report is not completed yet) . The motion was seconded by Tebben, passed.
Orville also reported that the finance committee had met briefly at noon and had
two items for action. First, the system van is in need of immediate repairs or
replacement. They made a motion that PLS lease a van for 6 months at a cost of
about $600 per month (taxes included) . During that time the system study
committee will evaluate our long term actions. The $3600 leasing amount
potentially can be used toward a purchase price. The money for this action should
come out of the vehicle replacement fund. The motion was seconded by Dennis
Hauer. Some discussion followed - and the motion passed. Second item: there is
a need for a computer work station at the Montevideo processing center. This
work station would also facilitate the use of the CD -ROM cataloging. The cost
is estimated at $2700 for computer, CD -ROM readers, printer and updating of an
existing work station. About $900 of the cost would come from PLS gifts, and the
remaining amount from the PLS reserves. Rudningen moved, Al Huff seconded, and
it was passed to secure a station for that purpose.
On behalf of the Finance Committee, Director John Houlahan explained the status
of Unemcumbered Reserves for 1993. Referring to the report passed out to board
members, he stated that there still needs to be some verifications made from the
local sites. The committee's recommendation and motion is to set a goal of
December 31, 1996, for having all of these funds available. The placement of
this monies could also be used to facilitate the temporary cash flow problems of
PLS. The motion was seconded by Judi Bohm, passed.
At this point a note was made by Finance Committee chairman, Rudningen, PLS's
financial situation has been stabilized this past year.- A word of thanks was
extended to Director John Hallohan for his efforts in this area.
A report from the Automation committee was given by Associate Director Kathy
Matson. The CD disks replacing the fiche system are currently being produced.
Training for the local libraries will be taking place close to the first of
March. All local libraries are in the process of securing funds to purchase a
personal computer that can be used with the CD rom disks.
The Personnel Committee had nothing to report at this time.
Nancy Alsop reported for the System Study Committee. She reviewed the flyer in
our packets containing information about the local board member workshops. They
wil-. :-.. =:eld during the month of February. Everyone is encouraged to participate
in an event close to them.
The Policy Review Committee reported that all signatories have signed the
• Pioneerland Library System agreement. This means that the agreement has been
approved. They will now look at addressing the concerns that were raised.
Possible amendments will be formalized. During this report Louis Sherlin, from
Yellow Medicine, noted that their concern about the removal of the bookmobile is
still an issue.
A previously tabled issue was discussed next. The city of Willmar is looking .
into the present and future needs of their library building. A motion was made
by Judi Bohm, seconded by Marie Schoener, passed, to organize a Space Planning
committee to help in this planning. Because PLS's office space is currently a
part of the Willmar Library we should have an interest in the direction of this
study.
There was no old business.
Under the topic of new business, Kathy Matson gave her statistical report.
Circulation was over 1,000,000 for a second year! She also drew our attention
to the updated list of board members and passed around news clippings about
library activities. Sign up sheets are available for MLA Legislative Day.
John Houlahan presented his director's report. He also thanked those who had led
the workshop for their time and information.
Election of officers was then held. A motion was made, seconded, and a unanimous
ballot cast for Nancy Alsop as president. Elected in a similar fashion were: Roy
Johnsen, vice president; LeRoy Sanders, treasurer; Delorus Brunner, secretary;
and Orville Rudningen, financial chairman.
The final act of business of the board was to say a special thank you to Renville
for the use of the Community Center for our meeting.
Meeting adjourned.
Jan Kreie, acting secretary 0
•
1]
HUTCHINSON FIRE DEPARTMENT MINUTES
REGULAR MEETING
Monday, February 7, 1994
The meeting opened at 7:00 p.m.
The minutes were' read and approved.
The bills and runs were read as follows:
BILLS
CITY AND RURAL ACCOUNT
Coast to Coast
3.82
U of M
120.00
Coast to Coast_
5.94
MCMT
21.85
Coast to Coast
17.43
Med- Compass
1793.00
Coast to Coast
8.24
Coast to Coast
16.78
Popp Elec
66.71
Coast to Coast
1.36
Allen Office
89.44
Coast to Coast
2.53
Hutch Wholesale
11.30
Cenex
7.12
Hutch Wholesale
13.85
Floor Care Supply
8.14
Hutch Wholesale
59.84
Two way Comm
30.00
Hutch Wholesale
6.00
Two Way Comm
95.20
Hutch Wholesale
13.53
Farm and Home
91.51
Hutch Wholesale
4.96
Coast to Coast
14.86
Hutch Wholesale
10.64
Coast to Coast
10.31
Hutch Wholesale
12.58
Coast to Coast
14.58
Fitzloff Hardware
42.59
Coast to Coast
30.08
Bennett Office
13.09
Hutch Wholesale
6.33
Cashwise
15.95
Hutch Wholesale
21.81
Standard Printing
47.93
Hutch Wholesale
2.79
Heiman Fire Equip.
692.06
Hutch Wholesale
14.87
Brad Emans
15.50
Hutch Wholesale
1.48
Randy Redman
9.50
Hutch Wholesale
14.80
Steve Schramm
32.00
Town & Country Tire
4.50
Jim Brodd
17.75
NFPA
540.00
John Reynolds
30.50
Sewing Basket
4.26
Bruce Precht
21.50
Hutch Fire & Safety
65.00
Ed Homan
30.75
Bennett Office
10.00
Rob Carlson
2.50
Schramm Imp.
63.53
Gary Forcier
4.00
MCMT
21.85
CMFRA
40.00
Future Computers 3199.00
Allen Office
2.61
Cenex
27.72
TOTAL $7887.77
MN St. F.C. Assn
90.00
MN St. F.D. Assn
200.00
•
HUTCHINSON £IRE DEPT. MINUTES
2/7/94
PAGE 2 •
GENERAL ACCOUNT
7 West Truck Stop 9.59
Cashwise 3b.06
Family Rexall.Drug 42.43
Green Isle Fire Dept. 9.00
Victorian Inn 25.00
U.S. Postmaster 58.00
TOTAL $180.08
!lLiJ;b`:
1/2
Holtz
1/18
Hutch Utilities
1/3
Mutual Aid /Medical
1/18
Hutch Utilities
1/4
HTC East
1/24
Library
1/5
Medical
1/24
Evergreen
1/6
Medical
1/26
10 -52
1/7
Medical
1/26
Hutch Police /Rescue
1/7
Medical
1/27
Library
1/8
_Medical
1/28
Park Towers
1/9
HTI
1/29
Medical
1/13
Medical
1/31
Cook
1/14
Adamek
1/31
Gustafson
1/14
Smith
1/3
Drill /Meeting
1/16
Bietz
1 /10
Physicals •
1/16
Krueger
1/17
Map Reading
1/17
Meeker /McLeod Day Treatment
1/24
Regional
A motion was made and seconded to approve the bills and runs as
read.
Steve reported if ordering anything for department let him know.
Randy reported on Haz -Hat class and blood borne pathogens.
Brad reported on regionals.
Banquet will be May 7th at the Country Club.
The dance will be April 23rd.
Brad reported please check all equipment before leaving fire scene.
The meeting adjourned at 7:30 p.m.
Respectfully submitted by,
Bob Schantzen
Secretary
•
•
HUTCHINSON FIRE DEPARTMENT MINUTES
OFFICER-'S MEETING
Monday, February_14, 1994
The meeting opened at 8:45 p.m.
Tom P. reported please be careful when approaching rural fahmsites.
Truck have been getting scratched up.
Steve S. reported on rural budget equipment.
The meeting adjourned at 9:25 p.m.
Respectfully submitted by,
Bob Schantzen
Secretary
ANNUAL TOWNBOARD MEETING
February 17, 1994
The meeting opened at 8:00 p.m.
Minutes were read from the previous Town Board meeting.
Brad Emans reviewed the 1993 Annual Report fire calls.
Gary Henke reported on the 1993 Annual Financial Report.
Gary reviewed the 1993 Fire-Protection Assessment Options. Motion
was made and seconded to accept option one. Option 1-hand vote 18
for, 10 against. Motion for option 1 carried.
Members present:
Bernice Baumetz
Robert Anderson
Melvin Kobow
Virgil Goetz
Dorothy Bullert
Duane Brett
Clarence Ziemer
Warren Nelson
Gerald Urban
Rod Schmeling
Harvey Schlueter
Milan Hoefs
Marian Retzlaff
LeRoy Schlueter
Donald Schlueter
Roger W. Zummach
Lennea Klassen
Ernst Duesterhoeft
Grant Knutson
Bob Theuringer
Don Erickson
Donna Wahl
Leroy Karg
Wanda Heinecke
David Ondracek
Lynn Township
Hassan Valley Township
Hassan Valley Township
Acoma Township
Acoma Township
Biscay
Biscay (council)
Hutchinson Township
Hassan Valley Township
Cedar Mills (city)
Cedar Mills (city)
Cedar Mills (city)
Cedar Mills Township
Cedar Mills Township
Cedar Mills Township
Cedar Mills Township
Lynn Township
Lynn Township
Lynn Township
Lynn Township
Boon Lake Township
Hutchinson Township
Collins Township
Hassan Valley Township
Hutchinson Township
A motion was made and seconded to adjourn the meeting. The meeting
adjourned at 10:10 p.m.
Respectfully submitted,
Bob Schantzen
Secretary
•