cp01-24-1995 cSUNDAY
MONDAY
TUESDAY
-22-
-23-
-24-
10:00 A.M. - Directors Meeting
on Policy Book
t
4:30 P.M. - Library Board at
Library
NUTCN/NSON
5:15 P.M. - Telecommunication
7:30 P.M. - City Council
CITY
Commission Meeting at
Meeting at City Center
CALENDAR
City Center Main Conf.
Room
Week of
Jan. 22 to Jan. 28
1995
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
-25-
-26-
-27-
-28-
10:00 A.M. - Directors Meeting
CONFERENCE:
at City Center
Randy DeVries - Jan. 25 -27
11:00 A.M. - Directors Meeting
re. LOGIS
5:30 P.M. - Tree Board Meetin
at Marquette Bank
Conference Room
• AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, JANUARY 24, 1995
•
1. CALL TO ORDER - 7:30 P.M.
2. INVOCATION - Rev. Alex Ramos, Bethlehem United Methodist
Church
3. CONSIDERATION OF MINUTES
REGULAR MEETING OF JANUARY 10, 1995 AND AMENDED MINUTES OF
DECEMBER 13, 1994
Action - Approve as distributed - Approve as amended
4. CONSENT AGENDA
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. FINANCIAL REPORT - DECEMBER 1994
2. CITY INVESTMENTS REPORT
3. PLANNING COMMISSION MINUTES OF DECEMBER 20, 1994
4. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
MINUTES OF DECEMBER 20, 1994
5. HUTCHINSON HOUSING, INC. MINUTES OF DECEMBER 20,
1994
6. LIGHT TRAFFIC TASK FORCE MINUTES OF JANUARY 9, 1995
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 10385 - RESOLUTION FOR PURCHASE
2. RESOLUTION NO. 10386 - RESOLUTION ADOPTING POLICE
DEPARTMENT MANUAL
3. RESOLUTION NO. 10387 - RESOLUTION FOR WITHDRAWAL
FROM MUTUAL AID PACT (MCLEOD COUNTY)
4. RESOLUTION NO. 10388 - RESOLUTION ADOPTING
MEMBERSHIP IN MUTUAL AID PACT (COOPERATIVE AND
JOINT AGREEMENT)
1
CITY COUNCIL AGENDA - JANUARY 24, 1995
5. ORDINANCE NO. 95 -129 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER
2.58 ENTITLED "HOSPITAL AND NURSING HOME BOARD" AND
ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND
SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS (SECOND READING AND ADOPT)
6. ORDINANCE NO. 95 -130 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, VACATING MUNICIPAL RIGHT OF
WAY, SUBJECT TO A POSSIBILITY OF REVERTER AND
ADOPTING, BY REFERENCE, CITY CODE CHAPTER 1 AND
SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS (SECOND READING AND ADOPT)
7. ORDINANCE NO. 95 -131 - AN ORDINANCE GRANTING A
FRANCHISE TO DD CABLE HOLDINGS, INC. TO CONSTRUCT,
OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN
THE CITY OF HUTCHINSON; SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING
FOR REGULATION AND USE OF THE SYSTEM; AND
PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS
PROVISIONS (SECOND READING AND ADOPT)
8. ORDINANCE NO. 95 -132 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, AMENDING CITY CODE CHAPTER
6.40 ENTITLED LODGING TAX AND ADOPTING BY REFERENCE,
CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS (SECOND
READING AND ADOPT)
9. ORDINANCE NO. 95 -133 - AN ORDINANCE OF THE CITY OF
HUTCHINSON AMENDING SECTION 10.45 OF THE CITY CODE
ENTITLED "DANGEROUS TRESPASSES AND OTHER ACTS" AND
ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND
SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS (FIRST READING AND SET SECOND
READING FOR FEBRUARY 14, 1995)
10. ORDINANCE NO. 95 -134 - AN ORDINANCE OF THE CITY OF
HUTCHINSON, MINNESOTA, PURSUANT TO THE CITY CHARTER
OF THE CITY OF HUTCHINSON AS ADOPTED BY THE VOTERS
ON NOVEMBER 3, 1987, AND ADOPTING BY REFERENCE,
CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS (FIRST
READING AND SET SECOND READING FOR FEBRUARY 14,
1995)
2 0
• CITY COUNCIL AGENDA - JANUARY 24, 1995
(c) SNOW REMOVAL PERMITS FOR DOUG PETERSON AND BRIAN
WENDLANDT
(d) DELINQUENT WATER AND SEWER ACCOUNTS
(e) REZONING PROPERTY LOCATED ON HWY. 22 SOUTH FROM C -2 AND
R -2 TO I -2 REQUESTED BY CITY STAFF WITH FAVORABLE
RECOMMENDATION FROM PLANNING COMMISSION OF STAFF
RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET
SECOND READING FOR FEBRUARY 14, 1995)
(f) CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE ON HUTCHINSON
AREA TRANSPORTATION SERVICES FACILITY PROPERTY LOCATED ON
HWY. 22 SOUTH REQUESTED BY CITY STAFF WITH FAVORABLE
RECOMMENDATION OF STAFF RECOMMENDATIONS (ADOPT RESOLUTION
NO. 10384)
(g) ANNEXATION BY BOARD ORDER OF 225.95 ACRES LOCATED IN
ACOMA TOWNSHIP REQUESTED BY CITY STAFF WITH FAVORABLE
RECOMMENDATION OF PLANNING COMMISSION OF STAFF
RECOMMENDATIONS (FIRST READING OF ORDINANCE AND SET
SECOND READING FOR FEBRUARY 14, 1995)
(h) RESOLUTION TO CHANGE STREET NAME OF ROBERTS ROAD TO
ROBERTS AVENUE SW (EAST /WEST) AND ROBERTS STREET SW
(NORTH /SOUTH) WITH UNFAVORABLE RECOMMENDATION OF PLANNING
COMMISSION
Action - Motion to approve consent agenda
5. PUBLIC HEARING
None
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) COMMUNICATION FROM ODDFELLOW PARK COMMITTEE MEMBERS
REGARDING TRACT OF LAND LOCATED NORTH OF ODDFELLOWS PARK
AND SOUTH OF HIGHWAY 7 WEST
Action -
7. RESOLUTIONS AND ORDINANCES - SEE CONSENT AGENDA
3
CITY COUNCIL AGENDA - JANUARY 24, 1995
8. UNFINISHED BUSINESS
(a) CONSIDERATION OF EXTENDING CONTRACT WITH BERNICK & LIFSON
(DEFERRED JANUARY 10, 1995)
Action -
9. NEW BUSINESS
(a) CONSIDERATION OF CONTRACT FOR WORKERS COMPENSATION
MANAGED CARE PROVIDER
Action - Motion to reject - Motion to approve and enter
into contract
(b) CONSIDERATION OF SPONSOR CERTIFICATION FOR REAL PROPERTY
ACQUISITION FOR AIRPORT PROJECT
Action - Motion to reject - Motion to approve
(c) CONSIDERATION OF STRUCTURAL ENCROACHMENT UPON EASEMENT
OF TODD ALEXANDER PROPERTY LOCATED AT LOT 6 OF "LOT G
SUBDIVISION"
Action - Motion to reject - Motion to approve and enter
into agreement - Motion to waive first reading of
Ordinance No. 95 -135 and set second reading for February
14, 1995
(d) CONSIDERATION OF RECEIVING REPORT AND CALLING FOR HEARING
ON LETTING NO. 9/1995 PAVING IMPROVEMENTS
Action - Motion to reject - Motion to approve report, set
hearing for February 14, 1995 at 8:00 P.M., and to adopt
Resolutions No. 10389 and No. 10390
(e) DISCUSSION OF SOUTH GRADE ROAD IMPROVEMENT AND FEDERAL
FUNDING FOR LETTING NO. 14, PROJECT NO. 95 -22
Action -
10. MISCELLANEOUS
(a) COMMUNICATIONS
0
4 0
• CITY COUNCIL AGENDA - JANUARY 24, 1995
11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
Action - Motion to approve and authorize payment from
appropriate funds
12. ADJOURNMENT
n
U
0
5
DECEMBER 1994
CITY OF HUTCHINSON FINANCIAL STATEMENTS
DECEMBER
PRELIMINARY
1994
PRELIMINARY
REVENUE REPORT - GENERAL
MONTH OF
YEAR TO
ADOPTED
BALANCE PERCENTAG
DECEMBER
DATE ACTUAL
BUDGET
REMAINING
USED
WES
58,208.37
1,298,836.45
1,294,497.00
(4,339.45)
100.3%
LICENSES
2,362.00
24,974.00
22,650.00
(2,324.00)
110.3%
PERMITS AND FEES
28,039.36
196,222.30
162,000.00
(34,222.30)
121.1%
INTERGOVERNMENT REVENUE
992,351.60
2,220,866.16
2,239,548.00
18,681.84
99.2%
CHARGES FOR SERVICES
57,323.59
910,910.74
874,841.00
(36,069.74)
104.1%
FINES & FORFEITS
4,749.75
44,150.79
56,250.00
12,099.21
78.5%
INTEREST
28,353.31
131,016.06
35,000.00
(96,016.06)
374.3%
SURCHARGES - BLDG PERMITS
(2,480.61)
341.11
250.00
(91.11)
136.4%
CONTRIBUTIONS FROM OTHER FUND
205,101.42
558,551.42
548,500.00
(10,051.42)
101.8%
REIMBURSEMENTS
67,243.10
101,035.88
22,200.00
(78,835.88)
455.1%
SALES
3,618.00
4,998.00
8,300.00
3,302.00
60.2%
TOTAL
1,444,869.89
5,491,902.91
5,264,036.00
(227,866.91)
104.3%
EXPENSE REPORT
GENERALFUND
MAYOR & COUNCIL
8,522.80
55,398.90
46,160.00
(9,238.90)
120.0%
CITY ADMINISTRATOR
16,207.70
204,626.80
190,364.00
(14,262.80)
107.5%
ELECTIONS
30.70
7,723.70
7,225.00
(498.70)
106.9%
FINANCE
19,058.80
278,033.20
276,900.00
(1,133.20)
100.4%
MOTOR VEHICE
8,175.80
91,506.30
81,576.00
(9,930.30)
112.2%
ASSESSING
0.00
24,300.00
24,300.00
0.00
100.0%
LEGAL
8,270.20
57,792.20
55,720.00
(2,072.20)
103.7%
PLANNING
3,041.50
23,138.40
8,150.00
(14,988.40)
283.9%
POLICE DEPARTMENT
117,343.50
1,362,991.20
1,287,174.00
(75,817.20)
105.9%
LIAISON OFFICER
3,253.20
41,609.00
38,613.00
(2,996.00)
107.8%
ERGENCY MANAGEMENT
IWHOOL
(42,525.40)
10,540.30
1,850.00
(8,690.30)
569.7%
'SAFETY COUNCIL
0.00
250.00
250.00
0.00
100.0%
FIRE DEPARTMENT
24,352.90
153,910.40
159,273.00
5,362.60
96.6%
FIRE MARSHAL
2,377.20
23,284.10
21,163.00
(2,121.10)
110.0%
BUILDING INSPECTION
9,691.60
115,660.40
106,669.00
(8,991.40)
108.4%
ENGINEERING
37,531.30
367,866.10
400,605.00
32,738.90
91.8%
STREETS & ALLEYS
46,867.40
444,710.20
448,047.00
3,336.80
99.3%
STREET MAINTENANCE A/C
8,062.80
83,700.50
90,200.00
6,499.50
92.8%
CITY HALL
7,893.90
124,703.10
67,837.00
(56,866.10)
183.8%
PARK/REC ADMIN.
9,372.90
134,464.00
129,730.00
(4,734.00)
103.6%
RECREATION
10,124.90
200,735.40
214,559.00
13,823.60
93.6%
SENIOR CITIZENS CENTER
9,200.10
87,654.20
88,263.00
608.80
99.3%
CIVIC ARENA
16,650.20
170,267.50
145,042.00
(25,225.50)
117.4%
PARK DEPARTMENT
40,691.70
596,646.50
530,795.00
(65,851.50)
112.4%
RECERATION BUILDING & POOL
3,977.40
93,369.80
77,825.00
(15,544.80)
120.0%
STREAMBANK PROGRAM
0.00
0.00
0.00
0.00
0.0%
LIBRARY
1,610.20
90,424.30
91,528.00
1,103.70
98.8%
CEMETERY
4,151.00
75,838.50
70,606.00
(5,232.50)
107.4%
DEBT SERVICE
1,160.00
26,439.00
23,900.00
(2,539.00)
110.6%
AIRPORT
979.40
64,740.50
56,615.00
(8,125.50)
114.4%
TRANSIT
8,420.20
119,938.40
114,125.00
(5,813.40)
105.1%
COMMUNITY DEVELOPMENT
6,812.60
65,732.90
63,009.00
(2,723.90)
104.3%
SCDP COO RD.
0.00
2,904.20
0.00
(2,904.20)
0.0%
UNALLOCATED
12,143.90
369,956.10
451,907.00
81,950.90
81.9%
TOTAL
403,450.40
5,570,856.10
5,369,980.00
(200,876.10)
40.70
9,249.40
9,249.40
C�
J
4 A, (I)
DECEMBER 1994
PERLIMINARY
REVENUE REPORT - LIQUOR FUND
LIQUOR SALES
WINE SALES
BEER SALES
BEER DEPOSIT
MISC. SALES
LOTTERY SALES
INTEREST
REFUNDS & REIMBURSEMENTS
CASH DISCOUNTS
CITY OF HUTCHINSON FINANCIAL REPORT- 1994
227,111.64
DECEMBE
ENTERPRISE FUNDS
PERLIMINARY
110.7%
MONTH OF
YEAR TO
ADOPTED
BALANCEPERCENT
DECEMBER
DATE ACTUAL
BUDGET
REMAINING
USED •
88,268.97
626,911.47
(71,911.47)
113.0 °k
38,174.23
194,350.09
139,615.98
(30,350.09)
118.5 °�
95,013.27
975,017.06
REPAIR &MAINTENANCE
(75,017.06)
108.3%
478.00
(186.76)
143.5%
186.76
0.0%
6,371.93
72,324.69
2,000.00
(12,324.69)
120.5%
338.00
1,415.74
2,969.74
2,584.26
35.4%
249.97
6,575.31
(4,575.31)
328.8%
0.00
210.00
19,200.00
(210.00)
0.0 °k
(1,782.73)
(12,584.95)
35,950.00
11,084.95
839.0 %
555,000.00
164,000.00
900,000.00
60,000.00
4,000.00
2,000.00
(1, 500.00)
TOTAL
227,111.64
1,864,032.65
1,683,500.00
(180,532.65)
110.7%
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
11,714.05
139,615.98
123,758.00
(15,857.98)
112.8%
REPAIR &MAINTENANCE
376.10
6,099.81
4,250.00
(1,849.81)
143.5%
CONSULTING
0.00
1,506.44
2,000.00
493.56
75.3%
OTHER SERVICE &CHARGES
2,969.74
58,830.55
51,750.00
(7,080.55)
113.7%
DEPRECIATION
0.00
0.00
19,200.00
19,200.00
0.0%
DEBT SERVICE
0.00
35,950.00
35,370.00
(580.00)
101.6%
TRANSFERS
55,000.00
120,000.00
120,000.00
0.00
100.0%
COST OF SALES
108,724.85
1,466,563.20
1,272,654.00
(193,909.20)
115.2%
MISCELLANEOUS
50.00
5,879.32
6,100.00
220.68
96.4%
CAPITAL OUTLAY
0.00
25,861.92
15,000.00
(10,861.92)
0.0%
TOTAL
178,834.74
1,860,307.22
1,650,082.00
(210,225.22)
112.7%
•
REVENUE REPORT -WATER
SEWER/FUND
RECYCLE BAGS
0.00
892.00
(892.00)
0.0%
WATER SALES
57,422.94
589,647.82
540,000.00
(49,647.82)
109.2%
WATER TREATMENT SURCHARGE
(3,024.93)
(170.48)
0.00
WATER METER
2,970.00
12,609.50
16,000.00
3,390.50
78.8%
REFUSE SERVICES
42,355.61
438,053.50
438,000.00
(53.50)
100.0%
REFUSE SURCHARGE
4,823.73
49,474.35
51,300.00
1,825.65
96.4%
REFUSE STICKER SALES
136.00
1,083.00
REFUSE RECYCLING
(1,687.17)
(1,687.17)
COMPOST CREDIT
(620.35)
(6,889.76)
SEWER SERVICES
164,286.32
1,725,411.56
1,800,000.00
74,588.44
95.9%
PENALTY CHARGES
1,661.82
26,209.41
15,000.00
(11,209.41)
174.7%
INTEREST EARNED
0.00
37,809.10
120,000.00
82,190.90
31.5%
SCORE
73,688.98
116,000.00
42,311.02
63.5%
REFUNDS &REIMBURSEMENTS
8,981.76
13,477.75
3,000.00
(10,477.75)
449.3%
PROCEEDS FROM BOND SALE
2,820.54
(2,820.54)
LOAN REPAYMENT
48,999.59
(48,999.59)
OTHER
1,052.77
10,849.82
2,000.00
(8,849.82)
542.5%
CONNECTION CHARGES
1,555.00
0.00
(1,555.00)
TOTAL
278,358.50
3,023,834.51
3,101,300.00
77,465.49
97.5%
EXPENSE REPORT -WATER
SEWER/FUND
REFUSE
31,721.95
441,454.59
376,640.00
(64,814.59)
117.2%
WATER
41,762.71
730,069.73
960,715.00
230,645.27
76.0%
SEWER
76,534.10
1,500,610.28
3,142,249.00
1,641,638.72
47.8%
•
TOTAL
150,018.76
2,672,134.60
4,479,604.00
1,807,469.40
59.7%
*CMO purchase anticapted payback is 4.332 years with a yield of 7.328%
This instrument receives payments monthly and depending on speed of payment of
mortgagages the yield could increase or decrease
** A GNMA with fixed maturity but has a call date of 8/12/97
* ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0%
11
CITY OF HUTCHINSON
CERTIFICATES OF DEPOSIT
JANUARY 24, 1994
•
Date
Date
Interest
Of
Of
Institution
Description
Rate
Purchase
Maturity
Amount
------ ---- --
TREAS BONDS
------- - - - - --
644136
- ----- - - - - -- - - -
7.18%
- -- ------- - - - - --
12/12/91
-- --- -- -- - --
2/15/2001
------ --- - -----
373,500.00
TREAS BONDS
644137
7.13%
12/12/91
10/15/98
307,312.50
Smith Barney
CMO80AP9
7.380%
2/15/93
5/112018
167,173.75
Smith Barney
GNMA 8651VI7
7.363%
2/15/93
8110/2002
128,077.78
Smith Barney
313400 S H 7
5.00%
12/30/93
03/10/00
300,071.92
Smith Barney
313400 -y6 -4
8.19%
12/19/94
12116/97
501,002.05
Citizens Bank
29798
4.60%
11/10/94
02/16/95
300,000.00
Citizens Bank
29788
4.60%
11/10/94
03116/95
400,000.00
Citizens Bank
29790
4.60%
11/10/94
04/13/95
500,000.00
Citizens Bank
29792
4.60%
11/10/94
05/11195
200,000.00
*Marquette
30,020,176.00
6.30%
12/15/94
12/14/95
500,000.00
Marquette
30020663
6.00%
12/15/94
03/16/95
200,000.00
Citizens Bank
90734
5.05%
01/12/95
04/13/95
302,257.50
-------------------------
$4,179, 395.50
*CMO purchase anticapted payback is 4.332 years with a yield of 7.328%
This instrument receives payments monthly and depending on speed of payment of
mortgagages the yield could increase or decrease
** A GNMA with fixed maturity but has a call date of 8/12/97
* ** Federal Home Loan Mtg Corp w/ floating rate (floor of 5.0%
11
I
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
DECEMBER 1993
0
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
DECEMBER
6
urrr wir
M^wh
e
�
0
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
DECEMBER
6
---------------------------------------------------------------
DECEMBER
TOTAL
3
DECEMBER
TOTAL
1994
LIQUOR
BEER
WINE
MISC.
TOTAL
BY WEEK
8
1993
LIQUOR
BEER
WINE
MISC.
TOTAL
BY WEEK
__________________________
_______________________________
1
2,171
2,682
437
217
5,507
9
1
1,378
1,303
207.
133
3,101
2
3,342
4,195
998
254
8,789
Ip
2
1,553
1,622
451
132
3,758
3
3,481
3,885
1,088
270
8,724
I�
3
2,556
3,332
667
305
6,860
23,020
4
2,577
3,430
1,062
299
7,368
5
1,500
1,596
328
111
3,535
121
21,087
6
1,519
1,332
351
51
3,253
13
6
1,322
1,499
378
131
3,330
7
1,924
1,959
405
125
4,413
11
7
1,136
1,473
408
101
3,118
8
1,832
2,339
578
113
4,862
8
1,414
1,428
465
166
3,473
9
4,788
4,492
981
300
10,569
15
9
1,497
1,801
510
128
3,936
10
3,788
4,204
1,465
344
9,801
16
10
2,711
4,100
1,095
307
8,213
36,433
11
11
4,144
3,683
1,320
249
9,396
12
1,676
1,541
678
100
3,95
31,466
13
1,851
1,961
561
119
4,4492
161
13
1,578
1,231
366
113
3,288
14
2,066
1,824
607
147
4,644
19'
14
1,002
1,690
786
150
4,428
15
2,129
2,185
695
128
5,137
3p
15
1,668
1,672
618
79
4,037
16
3,866
4,573
1,419
245
10,103
16
2,154
2,078
968
157
5,357
17
4,309
4,667
1,676
303
10,955
=I
17
4,845
3,970
1,355
378
10,548
39,326
���
18
3,723
.3,850
2,005
303
9,881
19
2,269
1,948
951
134
5,302
i3
37,539
20
2,818
2,366
1,116
219
6,519
t6'
20
2,602
1,700
1,097
109
5,508
21
3,339
2,770
1,378
345
7,832
21
2,107
1,932
1,248
153
5,440
22
4,924
4,799
2,807
337
12,867
25
22
3,892
3,478
2,295
316
9,981
23
8,978
8,274
4,915
483
22,650
i6
23
7,259
5,982
4,276
727
1 ,244
24
5, 962
6,457
4,430
293
17, 142
37
24
5,779
5,927
4,476
414
166,596
72,312
25
CHRISTMAS
O
26
1,653
2,465
394
170
4,682
to
55,769
27
1,243
1,743
519
63
3,568
zv
27
1,757
1,818
482
193
4,250
28
2,339
2,570
660
133
5,702
30
28629
3,027
3,261
1,064
265
7,617
29
2,533
2,881
919
132
6,465
30
4,457
5,830
2,338
337
12,962
3L
30
3,924
4,520
2,067
292
10,803
31
7,513
9,476
5,479
892
23,360
32
31
7,877
8,738
5,731
751
23,097
45,767
56,739
33
TOTAL
74,282
75,518
35,477
6,351
191,628
N
35
92 TOTAL
62,020
66,152
28,658
5,011
161,841
TOTAL
68,270
95,014
38,173
6,373
227,830
36
& OF SALE
39
39
19
3
100
93 TOTAL
74,282
75,518
35,477
6,351
191,628
37
36
SALES INC
OR DEC
29,787
18
}
% OF SALE
39
42
17
3
100
39
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, December 20, 1994
. 1. CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following
members present: Glenn Matejka, Roger Gilmer, Bill Craig, Craig Lenz, Dean Wood and
Chairman Gruett. Member absent: April Brandt. Also present: Brenda Ewing, Planning
Coordinator and Jim Marka, Building Official.
2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED NOVEMBER
15, 1994
Mr. Lenz made a motion to approve the minutes dated November 15, 1994, seconded by
Mr. Wood the motion carried unanimously.
3. PUBLIC HEARINGS
[Kelm
4. OLD BUSINESS
NONE
5. NEW BUSINESS
0 a) DISCUSSION OF AMENDMENT TO ZONING ORDINANCE REGARDING
GROUP HOMES
Planning Coordinator Brenda Ewing commented on City Attorney Barry
Anderson's letter and legal opinion to permit the use of group homes in the C -4
district.
Building Official Jim Marka commented on the building permit requested by the
McLeod Treatment Programs, Inc., for a crisis shelter located on Hwy 7 E. in the
C -4 district. He stated the planning staff recommend to move forward on the
permit.
Discussion followed on the need for a public hearing. Mr. Marka stated the use
according to the interpretation of our zoning ordinance is permitted in C -4
districts.
Grant Knutson, Chair of McLeod Treatment Program board, explained they are
working with the bank contingent on approval of the city. Discussion followed
on the procedure which would not include a public hearing.
Building Official Marka commented on proposed language to bring the ordinance
to State Statutes.
F1 L) l I-n1 IN 3U IN 1"L. %\ N
DECEMBER 20, 1994
Mr. Craig stated this is an appropriate use of the property. There was discussion
on the need for a motion. Mr. Lenz stated this is a permitted use and does not
require a motion from the planning commission. Staff will bring this to the City
Council's attention. Mr. Matejka asked if this should go to City Council. Mr.
Craig explained the council should be aware of the proposal to place a shelter
home in the C -4 district as a "for your information only" motion.
Mr. Craig made a motion in favor of the request of land use and action by the
City Council is not required. This is for your information only. Seconded by Mr.
Gilmer the motion carried unanimously.
Discussion followed on the amendment language proposed for the zoning
ordinance to keep our ordinance in line with State Law. There was also discussion
on sorting "types" of people by conditional use permits. The planning commission
agreed the city council should also look at the proposed language and directed
staff to obtain a legal opinion, city council input, along with staff input to be
presented at a future meeting. Mr. Craig suggested that staff summarize the
request and present with the proposal.
Mr. Matejka made a motion to table discussions to a future meeting, seconded by
Mr. Lenz the motion carried unanimously.
b) DISCUSSION OF SURVEY FOR ANNEXATION IN LYNN TOWNSHIP
Planning Coordinator Brenda Ewing explained the annexation would fill the gap
in the present boundary created by the Cowger annexation. She stated Mr.
Johnson has been notified and asked to dedicate road right of way to the city.
Discussion followed on the frontage road concept and the confusion that could
create.
Building Official Jim Marka explained Mr. Johnson has no intent to annex. He
stated this is creating dialogue for now. He explained the frontage road would
create a controlled intersection and the city could ask Mr. Johnson for an easement
for utilities and roadway. There was discussion on the possibility of Underwood
Ave. as the controlled intersection.
The planning commission directed staff to correspond with Mr. Johnson for an
easement along So. Grade Rd. and Ulm Ave. and possibly seek his input on the
draft of the Comprehensive Plan.
C) DISCUSSION OF PHASE II - MONTGOMERY PROPERTY - SPRING "95"
RVIPROVEMENT
Building Official Marka explained Mr. Montgomery did not present Phase II. Mr.
Marka then showed the planning commission a sketch by Land Innovation Inc.
which is the concept Mr. Montgomery would possibly by using. The sketch was
showing the curvelinear road concept in the Southwest area of the city.
2
HL ICI1I,INSON PLA\ \IB(, \11.L- ILs
DECEMBER 20, 1994
d) STATUS OF UPDATE TO COMPREHENSIVE PLAN
Brenda Ewing explained the preliminary review of the Comprehensive Plan and
stated the preliminary draft would possibly be completed early to mid January.
Ms. Ewing stated H.C.D.C. will be receiving a draft copy.
e) DISCUSSION OF AMENDMENT TO ZONING ORDINANCE REGARDING
OVER CROWDING OF DWELLINGS
No discussion pending legal opinion.
f) COMMUNICATION FROM STAFF
1) Consideration of variance requested for billboard sign in Hutchinson Twp.,
2 mile radius
Brenda Ewing explained this is the John Jorgensen property on Hwy 15 N.
She commented on the proposal and the lack of hardship. Ms. Ewing
explained the staff would recommend the county follow their ordinance.
Mr. Craig made a motion to deny the request due to lack of hardship,
seconded by Mr. Lenz the motion carried unanimously.
2) Bud Daggett easement - Brenda Ewing explained the easement is a private
easement between Mr. Daggett and the Utilities.
3) Steve Wadsworth property - All Seasons property - Staff requires a scaled
site plan and building plan.
4) Update on Acoma Twp Annexation - Brenda Ewing commented on the
discussion with city and township officials as a positive meeting. She
explained an orderly annexation agreement should be completed in the near
future.
5) Mobile Homes in Flood Plain - Ms. Ewing requested direction from the
planning commission whether or not to pursue the matter. The planning
commission directed staff to proceed with the ordinance language.
6. ADJOURNMENT
The meeting adjourned at 6:57 p.m.
0
3
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0
HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY
REGULAR BOARD MEETING
DECEMBER 20, 1994
I1
I. CALL TO ORDER: NOON CONFERENCE ROOM CITY CENTER
Chairman John Paulsen called the meeting to order. Members present: Tammy
Wendlandt, Joel Kraft, Don Erickson and Shirley Wass. Members absent: none.
II. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING
NOVEMBER 15, 1994
There being no additions or corrections, Don Erickson moved that the minutes be
approved as submitted; Joel Kraft seconded and the motion carved unanimously.
M. CONSIDERATION OF STATUS OF ACCOUNTS HRA GENERAL FUND AND
PARK TOWERS PROJECT OPERATING FUNDS
Disbursements and budgets were reviewed. Joel Kraft moved that the financial
statements be approved as submitted; Shirley Wass seconded and the motion carried
unanimously.
1. Consideration of Computer Proposal for Park Towers Project
Proposals from Memory Lane Systems and Housing Data Systems were reviewed. Don
Erickson moved to approve the proposal from Housing Data Systems for $19,997.00 with
Ciap grant funds paying for $13,237 and the remainder of $6760 from Park Towers
operating budget. Joel Kraft seconded and the motion carried unanimously.
2. Consideration of Purchase of Lateral File for City Center HRA Office
The proposal from General Office Products which supplies all City Center furniture
through a State Contract price was reviewed. Don Erickson moved to approve the
purchase of the lateral file FOR $610.56. Shirley Wass seconded and the motion carried
unanimously.
IV. PARK TOWERS PROJECT
There are currently no vacancies and one rent receivable for $108.00.
2. The 1992 Ciap project is still on schedule to be closed out on December 31, 1994; all
work has been completed. Final payment to Gopher State Contracting will be released
after the following documents are received by our office: Certificate of Completion,
revised payroll report showing correct wage rate used and warranties.
3. The 1993 Ciap project is on target with actual elevator work scheduled to begin on
January 30.
4. Resolution Adopting Local Preferences and Revised Admission Policy for Park
Towers.
Joel Kraft moved to adopt the Resolution regarding adoption of Local Preferences and
Revised Admission Policy for Park Towers. Shirley Wass seconded and the motion
carried unanimously.
"q' (!z /
5. Consideration of Floor Care Proposal for purchase in 1995.
A proposal from Hillyard was reviewed showing prices for an extractor for carpet
shampoo, air scoop, floor scrubber and vacuum for a total of $6,071 was reviewed. Don
Erickson moved to approve the proposal to order the equipment for purchase in 1995.
Tammy Wendlandt seconded and the motion carried unanimously.
6. HUD has approved the Park Towers revised operating budget for fiscal year ending
December 31, 1994. Since we have been designated a High Performer under PHMAP
our 1995 Park Towers operating budget does not require HUD approval.
V. UPDATE ON LEASE WITH WESTLINK PAGING
A memo from Barry Anderson was reviewed stating that the lease poses no legal
problems; the lease has been executed by the HRA and sent to WestLink Paging for them
to execute.
V1. UPDATE ON PLANS FOR CITY CENTER HRA/HCDC OFFICE SPACE
The City Council has approved fimding the modular furniture for the HRA/HCDC
reception area. The HRA administrative assistant will use this workspace reserving one
office for the person who will be hired to do inspections and work write -ups.
VII. STATUS OF TRANSFER OF HOUSING REHAB PROGRAMS FROM HCDC TO
HRA •1. The City Council has approved the transfer of rehab programs from HCDC to HRA.
The McLeod County Board of Commissioners will be acting upon the request to transfer
the administration of the MHFA deferred and revolving loan programs from HCDC to
BRA at their next Board meeting.
2. Administration fees for two Small Cities rehab loans will be split equally between
BRA and HCDC; one loan should be completed by year's end, the other needs a roof in
the spring. One -third of the administration fee allocation for the MHFA deferred loan
program has already been received by HCDC. Two loans are in progress, but the work
has not yet been completed. This program needs to be closed out this summer and has
about $53,000 total to be expended.
3. The Director informed the Board that there are two options regarding rehab
inspections; the first is to contract with an inspector. The other option is to hire a person
in house to work with the rehab program. The consensus of the Board was to investigate
contracting with a person or agency to perform the inspections; Carver County HRA
contracts with an inspector for its rehab programs because there is not enough allocation
with the MHFA deferred rehab program to hire an in -house inspector and the Small
Cities grants only last one or two years. Mary would like to work with the applications
and loan closings and the inspector would then do the work write -ups and work with the
contractors.
4. Program and Policy Review - tabled.
VII. STATUS OF VALLEY VISTA PROJECT
1. Mary and Jean will attend training in January for the HOME Rental Rehab program.
2. Connie reported on the status of the project - the application is not ready to send in
because final numbers have yet to be compiled on the project due to new Davis Bacon
0
•
Wage Rates. In addition, a commitment -from HUD certifying that the Valley Vista
reserve accounts can be used as part of the required owner 25% match and a commitment
from Citizens for the remainder of the owner 25% match is required The tenant surveys
have to also be done over on all the tenants at Valley Vista before the application can be
submitted.
VIII. CONSIDERATION OF 1995 CITY CENTER OFFICE BUDGET
Don Erickson moved that the City Center Budget be approved as submitted; Tanury
Wendlandt seconded and the motion carried unanimously.
IX. RESIGNATION OF CONNIE MANGAN, HOUSING AND COMMUNITY
DEVELOPMENT COORDINATOR, EFFECTIVE DECEMBER 28, 1994
X. ADJOURNMENT
There being no fiuther business, Chairman John Paulsen declared the meeting adjourned.
Recorded by Jean Ward, Executive Director
Tammy Wendlandt, Secretary/Treasurer
HUTCHINSON HOUSING, INC.
REGULAR BOARD MEETING
DECEMBER 20, 1994
11 l ,
I. CALL TO ORDER: CONFERENCE ROOM CITY CENTER
President Don Erickson called the meeting to order. Members present: Tammy
Wendlandt, Joel Kraft, Shirley Wass and John Paulsen. Members absent -none.
11. CONSIDERATION OF MINUTES OF REGULAR BOARD MEETING
NOVEMBER 15, 1994
There being no additions or corrections, Joel Kraft moved that the minutes be approved
as submitted; John Paulsen seconded and the motion carried unanimously.
III. CONSIDERATION OF FINANCIAL REPORT
Disbursements and financial statements were reviewed. John Paulsen moved that the .
financial statements be approved as submitted; Joel Kraft seconded and the motion
carried unanimously.
IV. CONSIDERATION OF FUNDING HAROLDSON DEFERRED LOAN FOR
PRINCE OF PEACE PROJECT
Tammy Wendlandt moved to approve that $6,375.86 be forwarded to the City of
Hutchinson to fund the Haroldson deferred loan. John Paulsen seconded and the motion
carried unanimously.
V. ADJOURNMENT
There being no further business, Don Erickson declared the meeting adjourned.
Recorded by Jean Ward, Executive Director
Tammy Wendlandt, Secretary/Treasurer
0
LIGHT TRAFFIC TASK FORCE
MINUTES
Monday, January 9, 1995
6:30 p.m.
Members present: Leslie Smith, Lucille Smith, Ed Doring, Mary Ann Kasich, Dolf Moon,
Rick Kjonaas, Jim Marka, John Rodeberg, Brenda Ewing, Will Mangum,
Rick Larson and Ron Ramirez
I. UPDATE ON COUNTY ROADS
Rick Kjonaas reported on an upcoming meeting with the county stating the standards for
county highway paving requires gravel shoulders only not blacktop. Ed Doring made a
motion to recommend approval of a resolution by Hutchinson City Council to request the
shoulders by paved along North High Dr. and C.S.A.H. 12. Seconded by Mr. Larson the
motion carried unanimously.
II. COMMITTEE REPORTS
A) Education - Ron Ramirez stated there is no report and informed the group of an
• upcoming National Bike Safety Week in mid -May.
0
B) Walking - Rick Larson reported on a walking event in the Mpls. Skyway on
December 10 stating there were 260 participants. There will be an Airport walk
on January 14th. Rick also commented on a walk planned for Hutchinson from
March Ist to October 31st which is a seasonal walk. Last year there were 91
participants.
C) Running - Mary Anne Kasich asked Will Mangum to be chair of this group. Will
accepted the position.
D) Biking - Brian Bome was absent. Dolf Moon reported on a Bicycling Helmet
Program he and John Rodeberg attended to promote bike helmet use. There is up
to $5,000 grant money to use for the distribution of helmets to the public.
McLeod County Extension and Nursing were at the meeting and Police Officer
Dave Mueller was there to discuss the bike patrol program for school age children.
A safety camp could possibly be incorporated. Discussion followed as to the
timing of a safety camp and the consensus was to hold the camp in the Spring
before school is out. There was also discussion on the distribution of the helmets
and utilizing the media. Les Smith commented on the helmets being offered in
the MN Safety Council Magazine for $5 with a coupon.
4-A, ��
HUTCHINSON LIGHT TRAFFIC TASK FORCE
MINUTES - JANUARY 9, 1995
III. SURVEY
1) Improvements - Mary Ann handed out a revised copy of the survey and discussion
followed on several improvements to the document. Rick Larson suggested
starting the survey positively with "strongly agree" first followed by "strongly
disagree" and have only 1 - 5. It was discussed to group the questions according
to category.
Mary Ann stated MnDot will compile the survey and publish in the "Leader ".
John Rodeberg responded to the question of how the survey will be used noting
the following points: education of the public, level of interest in ped/bike paths
and base of focus to work on.
Dolf Moon suggested a follow up to the survey of focus group interviews.
It was a consensus of the group to change the word pedestrian to walker to clarify
the meaning of the survey.
Question #2 should have choices to check off for the answer.
It was mentioned to add snowmobiling and cross country skiing to the activities. •
A sentence on licensing of bicycles could also be added. The fee is set by the
State.
A suggestion was to add vertical lines to question 93 to separate topics and not to
abbreviate.
3) Mailing lists - There was discussion on the distribution of the survey to all
residents of Hutchinson.
4) Survey Reward - Mary Ann commented a prize may motivate the public into
completing the survey. Discussion followed as to what would be a fitting
affordable prize. Suggestions were a gift certificate toward a bicycle, Hutch Bucks
or maybe just providing a self addressed stamped envelope. The consensus was
providing the stamped envelope was probably enough but to check on donations
toward a prize.
2 0
HUTCHINSON LIGHT TRAFFIC TASK FORCE
MINUTES - JANUARY 9, 1995
IV. MN DOT GRANT - JOHN RODEBERG
John explained there is grant money available for planning, helmets, land purchase for
the Luce Line trail and to pave the Luce Line trail. He stated the planning grant can not
be spent on staffing but for consulting.
V. CHAIR FOR FEBRUARY hIEETING
Ron Ramirez agreed to chair the February meeting.
VI. FUTURE MEETING DATES
The next meeting will be held on Monday, February 13, 1995, at the Hutchinson City
Center.
XI. ADJOURNMENT
The meeting adjourned at 7:50 p.m.
LJ
0 3
•
RESOLUTION NO. 10385
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
HP 486 -50 Computer 2
3,416.0
New & Replacement
dm /Fin
Yes
Business Ware
HP 486 -66 Computer 3
,539.0
New System
ing./
Bldg. 0
f.Yes
"
Toshiba Computer
2,735.00
Lap Top - New
Plng.
Yes
Laser Jet 4 V
4,134.00
Additional Printer
Eng.
Yes
Color Jet Printer
2,000.00
Color Printer
dm /Fin
Yes
Uninterrupted Power
6,250.00
Dispatch Console Upgrade
Police
Yes
Quade's Inc.
Source
Cabinets /Writing Surface13,900.
0 Dispatch Console Upgrade
Police
Yes
Goebel Fixture Co.
Warning Siren
11,897. CO
Warning System Upgrade
Emerg.
Yes*
Federal Signal Corp.
Service
*Capital Improvement Pr
'ect
-The following items were authorized due to an emergency need:
ITEM
COST
Date Approved: January 24, 1995
Motion made by:
•Seconded by:
PURPOSE
DEPT. (BUDGET 1 VENDOR
Resolution submitted for Council action
by:
RESOLUTION NO. 10386
ADOPTING POLICE DEPARTMENT MANUAL
WHEREAS, the City of Hutchinson Police Department promulgates
rules and regulations for employees of said department, and;
WHEREAS, said rules and regulations are placed in a manual entitled
"HUTCHINSON POLICE DEPARTMENT POLICIES AND PROCEDURES
MANUAL ", and;
WHEREAS, it is necessary from time to time to review, update, change
or delete policies and procedures as Is necessary for the efficient
operation of the police department, and;
WHEREAS, the police department has completed a review of the
department policies and procedures manual.
•NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUTCHINSON, MINNESOTA:
1. That the City Council approves the revision of the "Hutchinson
Police Department Policies and Procedures Manual ".
2. That said revisions will become effective on February 1, 1995.
Adopted by the City Council this 24th day of January, 1995.
ATTEST:
CITY ADMINISTRATOR
11
MAYOR
4 -P(z)
0
RESOLUTION NO. 10387
WITHDRAWAL FROM MUTUAL AID PACT
WHEREAS, the City of Hutchinson has been a member of the McLeod
County Mutual Aid Pact since May 12, 1987,and;
WHEREAS, the City of Hutchinson has reviewed the content and
application of the McLeod County Mutual Aid Pact, and;
WHEREAS, the City of Hutchinson wishes to amend and enter Into a
new mutual aid agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF HUTCHINSON,
MINNESOTA:
1. That the City Council hereby withdraws from the McLeod
County Mutual Aid Pact effective March 1, 1995.
Adopted by the City Council this 24th day of January, 1995.
ATTEST:
CITY ADMINISTRATOR
•
MAYOR
CHIEF OF POLICE
�/-ta (3);
• RESOLUTION NO. imaa
ADOPTING MEMBERSHIP IN MUTUAL AID PACT
WHEREAS, the City of Hutchinson and other municipalities in the
surrounding area are being confronted with a greater mobility of
the populous, an increasing crime rate, and a higher sophistica-
tion of violators of federal, state and local laws, and;
WHEREAS, many crimes and violations overlap and cross muni-
cipal and county jurisdictions, and;
WHEREAS, no community on an Individual basis can adequately
provide the necessary personnel and equipment to respond and
protect its citizens during a major catastrophe, and;
WHEREAS, the spirit of cooperation has existed among numerous
law enforcement agencies throughout the surrounding area
Including the cities of Stewart, Glencoe, Winstead, Silver Lake,
• Lester Prairie, Litchfield, Willmar and Minnetonka as well as the
counties of McLeod, Meeker and Sibley.
0
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUTCHINSON, MINNESOTA:
1. That the City Council does hereby commend this cooper-
ation and mutual support of said law enforcement agen-
cies and does hereby authorize the participation of the
police department of the City of Hutchinson in a joint and
cooperative agreement for use of police personnel and
equipment effective March 1, 1995.
Adopted by the City Council this 24th day of January, 1995.
ATTESTED:
CITY ADMINISTRATOR
MAYOR
CHIEF OF POLICE
� -P�° (4)
. ORDINANCE NO. 95_129, 2ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING
CITY CODE CHAPTER 2.58 ENTITLED "HOSPITAL AND NURSING HOME BOARD"
AND 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. 2.58 entitled "Hospital and
Nursing Home Board" Subd. 1, is hereby amended as follows:
Subd. 1. Establishment and Composition. A Hospital and
Nursing Home Board (the "Board ") is hereby established. The Board
shall be composed of seven members, one of whom shall be the Chief
of the medical staff of the Hospital and one of whom shall be a
member of the City Council appointed annually. The medical staff
representative shall serve a two year term. The remaining five
members of the Hospital Board (the "Elected Directors ") shall each
serve for a term of four years with the terms of each such elected
directors to begin and expire as follows: `::e a'__..ters T._'j '
• sisal expire on December 31, 1898:. At ail times, a majority or the
directoIrs' shall ` be residents and qualified voters of the City.
Prior to the expiration of the term of an Elected Director, his or
her successor shall be nominated by the Mayor with the consent of
the City Council. The nomination shall be submitted to the Board
of Directors of LifeSpan (The "LifeSpan Board ") for election. If
the LifeSpan Board fails to elect such nominee, then the Mayor,
with the consent of the council, shall promptly submit new
nominations to the LifeSpan Board, as necessary, until the LifeSpan
Board has elected a successor to the Elected Director whose term is
then expiring; provided, however, that if the LifeSpan Board fails
to elect a successor from among the first, second and third
nominees, then the Mayor, with the consent of the City Council, may
elect the successor to the Elected Director whose term is then
expiring provided that the Hospital's affiliation with LifeSpan is
then terminated pursuant to Subdivision 5 of this Section. A
majority of the members of the Hospital Board shall not consist of
persons who are simultaneously directors of any one of the
following corporations: (1) LifeSpan; or (b) any other
corporation, the directors of which are directly or indirectly
elected by LifeSpan; or (c) any other corporation, the directors of
which are directly or indirectly elected by the Hospital.
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.
P- (5)
Section 3. This ordinance shall take effect upon its adoption
and publication.
Adopted by the City Council this day of January, 1995.
Attest:
Gary D. Plotz
City Administrator
Published in the
First reading:_
Second reading:_
Marlin Torgerson, Mayor
Hutchinson Leader on
•
9
•
\J
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON"
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVER
RICHARD G. McGEE
CATHRYN O. REHER
GINA M. BRANDT
BRETT O. ARNOLD
'ALSO AOM17TEO IN TEOUS ANO NEW YORK
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
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
ill Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 17, 1995
Re: Hospital Board Appointments
Our File No. 3750 -88008
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
5601 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612)545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (612) 389 -5506
FOR YOUR INFORMATION
I was recently advised by Phil Graves that Tom Daggett is also
eligible for reappointment to the Hospital /Nursing Home Board when
his present term expires. I believe I indicated in my last
correspondence to the Council that only one Board member was
eligible and accordingly, I stand corrected on this point.
Best regards.
Very
GBA:lm
P.L.L.P.
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
• ORDINANCE NO. 95-136 2ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, VACATING
MUNICIPAL RIGHT OF WAY, SUBJECT TO A POSSIBILITY OF REVERTER AND
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. Joseph Dooley and Cheryl Dooley, husband and wife,
are the owners in fee simple of certain real estate located in the
City of Hutchinson legally described as follows:
The North 51 feet of Lot 12 in Block 7 in the Townsite of
Hutchinson, South Half.
Section 2. Said real estate abuts municipal right of way also
located in the City of Hutchinson.
Section 3. As a result of a construction error, a building
located principally on the property described in Section 1 herein
encroaches upon the adjacent right of way. It is in the public
interests and in the best interests of the City of Hutchinson to
vacate the portion of the right of way while reserving a
possibility of reverter for the future benefit and use of the
• residents of the City of Hutchinson.
Section 4. Notice of hearing was duly given and publication
of said hearing was duly made and was made to appear to the
satisfaction of the City Council that it would be in the best
interests of the City to vacate a portion of the right of way
easement as set forth below.
Section 5. That the following right of way owned by the City
of Hutchinson is hereby vacated subject to the possibility of
reverter set forth in this ordinance: See attached Exhibit "A"
incorporated herein as if fully set out.
Section 6. Said vacation is subject to a possibility of
reverter for so long as the building that is presently constructed
upon this vacated parcel remains in existence. If the building is
demolished, torn down or moved, or in any way intentionally or
unintentionally modified so that the building cannot be used
without reconstruction exceeding fifty percent (50 %) of the then
value of the property, the above described right of way shall
automatically revert to the City of Hutchinson and its heirs
without the need for the City of Hutchinson and its heirs to take
any affirmative action to effectuate this reverter.
• It is expressly stated that this grant shall not be construed
as a right of reentry for condition broken, which would require the
City of Hutchinson or heirs to take legal action to regain title to
the above described right of way easement. This reverter shall be
effective by operation of law and shall not require the City of .
Hutchinson to take any affirmative steps whatsoever.
It is also expressly understood and agreed that in the event
a dispute arises between the parties concerning whether or not the
City is entitled to automatic right of reverter, said dispute shall
be arbitrated in accordance with the rules and regulations
established by the American Arbitration Association.
Section 7. This ordinance shall take effect from and after
passage and publication.
Adopted by the City Council this _ day of January, 1995.
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz
City Administrator
First reading:_
Second reading
Publication date:
E
•
0
0
•
126 - 11th Ave. N.E.
Hutchinson, MN 55350 -1208
January 18, 1995
Honorable Marlin Torgerson
Mayor, City of Hutchinson
City Center
111 Hassan St. S.E.
Hutchinson, MN 55350
JAN 2 0 1995
FOR YOUR INFORMATION
Honorable Mayor Torgerson: Re: Proposed New Franchise for Midwest Cablevision
After reading the article on the new franchise with Midswest Cablevision as pub-
lished in the LEADER on January 17th, and after receiving my recent statement from
Midwest Cablevision that my subscription rate for basic service will increase
in February, I am very concerned and disappointed.
I RESPECTFULLY REQUEST THAT THE COUNCIL DOES NOT APPROVE THIS PROPOSED 15 -YEAR
FRANCHISE (Monopoly) UNTIL THE PUBLIC HAS HAD AMPLE INFORMATION AND OPPORTUNITY
FOR STUDY AND INPUT.
There are those citizens that believe we should not have to pay more for added
channels such as MCS and FX 39. Those who would want extra channels should be
the only ones expected to pay for these channels.
Based on the article it seems you were negotiating for more council chamber
cameras. Perhaps that was legitimate, but don't you believe subscription rates
are important to the citizenry?
I think it only reasonable to request that a public- hearing be held with at
least 14 days notice for the public to hear exactly what is going to be written
into this new franchise and how you arrived at such an agreement.
Opportunity should be offered for input from any interested citizens. It seems
to me, that if you are going to approve a 15 -year monopoly, the citizens of this
community should be well- informed as to the contents of the agreement and other
pertinent information.
I have no quarrel with current cable service since the picture on the screen is
very good and not too many blank screens have occurred of late. However, more
and more advertising is filling the screen, and we are expected to pay for this
service, too.
Your consideration in reference to the statements above will be sincerely appreci-
ated.
Respectfully,
E. �J (Ed) Shukle
4 --a (7)
0
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON`
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE"*
RICHARD G. MCGEE
CATHRYN D. REITER
GINA M. BRANDT
BRETT D. ARNOLD
'ALSO ADMITTED IN TE %AS AND NEW YORK
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(612)587 -7575
FAX(612)587 -4096
Mr. Thomas D. Creighton
Bernick & Lifson
Suite 1200
The Collonade
5500 Wayzata Boulevard
Minneapolis, Mn. 55416
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 24, 1995
Re: Hutchinson Cable TV Services
Our File No. 3244 -92054
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENSURG
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (612) 389 -5506
Dear Tom:
• Although I had to leave the meeting before it concluded last night,
and thus you should rely on your own notes of the meeting regarding
the issues raised by the Committee, there were a couple of matters
discussed that are of some concern and I wanted to summarize them.
First, the question of effective competition was raised. Put most
briefly, the language in the agreement grants the franchise holder
the right to decimate funding for public access television if
"effective competition" as defined by federal law exists. This
raises all sorts of questions; for example, is effective
competition a direct broadcast satellite programming? If that is
true, and if the 15% level is all that is required, I don't think
it is at all unlikely that 300 or 400 homes might acquire direct
broadcast satellite services. If that were to happen, is that
sufficient to trigger the right to significantly reduce funding for
public access television. Who makes the determination that such
competition exists? After all, the whole point of DBS service is
the small size of the satellite dish. Will these decisions be made
by surveys, by actual inspection or by guess and by gullie?
If my recollection is correct, at one point there was discussion
about dealing with the effective competition issue using a gross
revenue analysis. Although I do not have authority to speak for
the Committee, the thought occurs to me that once a certain drop in
gross revenues has occurred, on an annual basis, then in that
. event, it might make sense to make a similar adjustment in public
access funding.
CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION zl 13, (1
`CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
• Mr. Thomas Creighton
January 24, 1995
Page 2
If, for the sake of argument, we accept 15% as the level of
"effective competition," than if there is a 15% or greater drop in
gross revenues, it is not unreasonable for the company to look for
a corresponding reduction in support for public access. There may
be other permutations that also protect both parties and I leave it
to your creativity to address them.
Some of the nervousness on the part of public access television
regarding this effective competition issue comes directly from the
gross revenue figure which we received, for the first time, last
Thursday. That gross revenue figure, $1,001,000 (approximately) is
significantly less than the informal number that we were provided
earlier. My point here is that the combination of the 85 cents per
subscriber for public access support and one half of the franchise
tax revenue, based on that gross revenue figure, yields support for
public access of only a couple of thousand dollars more than the
annual level of support presently experienced. HCVN can certainly
run its operations on that budget, but obviously, the margin for
• error drops substantially in comparison to where we thought we were
some months ago.
The second issue that was discussed at some length had to do with
the question of a local office. I understand the desire of the
company to streamline operations and to achieve as many economies
and efficiencies to scale as possible. I also recognize, from a
technical standpoint, that it is unlikely that a person working in
a local office will be immediately able to solve a customer's
complaint or problem.
Our experience in the past with the responsiveness of franchise
holders is such that I believe the Council will feel fairly
strongly about the need to retain a local presence even though we
acknowledge, as we must, that there is no effective control over
the quality and number of personnel assigned to the office.
I certainly think, that over a 15 year franchise period, it is more
than reasonable for the company to request that the requirement for
a local office be subject to negotiation as the years unfold. I
must say that a 5 to 7 year positive experience with a responsive
cable franchise holder might very well cause some future Council to
be less concerned about the need for a local office. The reverse,
of course, is also true.
Third, although we did not have a chance to discuss it, I did
. mention to Bob last week that we need to get together on the status
of your bill to the City for services provided to the City. The
• Mr. Thomas Creighton
January 24, 1995
Page 3
$5,000 cap previously agreed to was exceeded and we need to come up
with what I hope will be a joint recommendation to the Council to
compensate you for services rendered to the I recognize that
some of the work that has been underway ( for exam P
relating to the Country Club Terrace issue) may have been more
extensive than originally contemplated and there are other factors
driving these negotiations as well. I can already see that we are
probably not going to be able to resolve this issue in time for
this evening's Council meeting and it probably makes sense to wrap
up not only the franchise, but also this issue at the same time,
whenever that time might be.
Under action taken by the City Council at its last regularly
scheduled meeting, the franchise presently in place was extended to
the effective date of the new franchise, but in any event, no later
than March 1, 1995.
I do agree with you that it is time to bring these discussions to
closure. The Council will meet this evening so i f contact is
•
additional information to relay to the council, p me
sometime today.
Thank you for your efforts. Best personal regards.
Very truly yours,
OLlD1, ANDERSON & DQVE, P.L.L.P.
G. Barry Anderson
GBA:lm
CC Telecommunications Commission
City Council Members
HCVN Board Members
•
ORDINANCE NO . 2ND SERIES
• PUBLICATION NO.
AN ORDINANCE OF THE CITY OF MUTCHINSON, MINNESOTA, AMENDING
CITY CODE SECTION 6.40, SUED. 2 (a) GOVERNING THE IMPOSITION OF A
LODGING TAX AND 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. 6.40, Subd. 2(a) entitled
,,Imposition of Tax" is hereby amended to read as follows:
A. Pursuant to Minnesota Statute Section 477A.018, a tax
is imposed on the rent charged by an operator for providing lodging
to any person. The lodging tax program shall commence on March 1,
1989. A tax of three 0erc6IAIt , shall be
imposed on the effective date of this Section. 'The tax collected
by the operator shall be extinguished only by payment to the City.
In no case shall the tax imposed by this subdivision upon an
operator exceed the amount of tax which the operator is authorized
and required by this program to collect from a lodger.
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 24th day of January, 1995.
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz
City Administrator
Published in the Hutchinson Leader on
First reading:
Second reading:
. ORDINANCE NO.95 -133, 2ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON AMENDING SECTION 10.45 OF
THE CITY CODE ENTITLED "DANGEROUS TRESPASSES AND OTHER ACTS" AND
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. 10.45 is hereby amended as follows:
SEC. 10.45 DANGEROUS TRESPASSES AND OTHER ACTS
Subd. 1. It is a petty misdemeanor for any person to:
(1) smoke in the presence of explosives, or flammable materials, or
in a building, or area, in which "No Smoking" notices have been
prominently posted; or, (2) interfere with or obstruct the
prevention or extinguishing of any fire, or disobey the lawful
orders of a law enforcement officer or fireman present at the fire;
or, (3) show a false light or signal or interfere with any light,
signal or sign controlling or guiding traffic upon a highway,
railway track, or navigable water; or, (4) place an obstruction
upon a railroad track; or, (5) expose another or his property to an
obnoxious or harmful gas, fluid or substance, with intent to
injure, molest or coerce; or, (6) trespass or permit animals under
• his control to trespass upon a railroad track; or, (7) permit
domestic animals or fowls under his control to go upon the lands of
another within the City; or (8) interfere unlawfully with any
monument, sign or pointer erected or marked to designate a point of
a boundary, line or a political subdivision, or a tract of land;
or, (9) trespass upon the premises of another, and without claim of
right refuse to depart therefrom on demand of the lawful possessor;
or, (10) enter or be found upon the premises of any enclosed or
fenced public property without authorization during hours the
enclosed or fenced public property is posted as closed to the
public; or (11) occupy or enter the dwelling of another, without
claim of right, or consent of the owner, or the consent of one who
has the right to give consent, except in an emergency situation; or
(12) enter the premises of another with intent to take or injure
any fruit, fruit trees or vegetables growing thereon without the
permission of the owner or occupant; or, (13) without the
permission of the owner tamper with or get into or upon a motor
vehicle, or ride in or upon such motor vehicle knowing it was taken
and is being driven by another without the permission of the owner.
Subd. 2. Trespassing Upon the Land of Another Following
Notice.
a. No person shall intentionally trespass on the
land of another and, without claim of right,
• refuse to depart therefrom on demand of lawful
possessor thereof or his agent. A demand to
depart may be made as follows:
1. orally, or in writing, by the lawful
possessor or the possessor's agent; or, •
2. By conspicuously posting at reasonable
intervals signs which prohibit trespass
on the affected land; or
3. By conspicuously posting at reasonable
intervals signs which prohibit trespass
on the affected land during certain
hours.
b. No person who has received a written demand to
depart pursuant to clause (1) of paragraph (1)
of this Section shall reenter the lawful
possessors land without the written permission
of the lawful possessor or the agent providing
said demand for a period of up to one (1) year
from the date of the written demand, as
provided therein.
C. A second offense of this Section within one
(1) year from the date of first offense will
be a misdemeanor.
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 this day of
Attest:
Gary D. Plotz, City Administrator
Published in the
First reading: _
Second reading.
Hutchinson Leader:
, 1995.
Marlin Torgerson, Mayor
•
9
DAVID S. ARNOLD
STEVEN A. ANDERSON
G. BARRY ANDERSON'
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE**
RICHARD G. McGEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT D. ARNOLD
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(612) 567 -7575
FAX 1612) 5674096
'ALSO ADMITTED IN TE> S AND NEW YORK
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 17, 1995
Re: Trespass Ordinance
Our File No. 3188 -87031
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
1612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
1612)389 -2214
FAX (612) 389 -5506
I am enclosing herewith a new ordinance dealing with our
• trespassing statute. As you may recall, the City Council adopted
by Ordinance No. 94 -108 an amendment to our trespassing ordinance.
However, in reviewing the form as it was drafted and published on
May 3, 1994, it did not match our existing codified ordinance.
Under the circumstances, and in the interests of avoiding
confusion, I have revised the ordinance to reflect present
codification and the new codification and I am enclosing the same
for enactment by the City Council. There are no substantive
changes in this ordinance, but what we have done is created a new
trespassing section such that when this ordinance is cited by
police officers, it can simply be noted as a violation of Code
Section 10.45, Subd. 2. This will be a little easier for everyone
to use since the other violations, listed in Subd. 1, are confusing
and lengthy.
j,�
I am enclosing herewith revised pages 204 and 205 of the Hutchinson
City Code which should be incorporated in all existing Code books.
Should you have any questions in connection with these changes,
please do not hesitate to contact me. Thank you. Best regards.
GBA:lm
JE, P.L.L.P.
Enclosure
CC Steve Madson
Gina Brandt
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
• ORDINANCE NO. 95- 1342ND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, PURSUANT TO THE
CITY CHARTER OF THE CITY OF HUTCHINSON AS ADOPTED BY THE VOTERS ON
NOVEMBER 3, 1987, AND 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. Pursuant to the Charter of the City of Hutchinson,
a franchise is hereby granted to Cellular 7 Partnership, a
Minnesota general partnership, for the purpose of owning and
operating certain equipment relating to Cellular telephone service
located on top of the so- called South Park water tower and adjacent
thereto.
Section 2. Said franchise is subject to the terms and
conditions of that certain Site Lease Agreement by and between the
parties dated April 25, 1994, a true and correct copy of which is
attached to this franchise and incorporated as if fully set out
herein and which is available for inspection during normal business
hours at the office of the City Administrator for the City of
Hutchinson.
• Section 3. City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as
though repeated verbatim herein.
Section 4. This ordinance shall take effect upon its adoption
and publication.
Adopted by the City Council
Attest:
Gary D. Plotz, City Administrator
Published in the
First reading
Second reading
11
Hutchinson Leader on:
day of January, 1995.
Marlin Torgerson, Mayor
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON`
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE"
RICHARD G. McGEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT O. ARNOLD
'ALSO ADMITTED IN TEXAS AND NEW YORK
ARNOLD. ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
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.
Hutchinson, Mn. 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
January 16, 1995
Re: Cellular 7 Franchise
Our File No. 3188 -87031
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
5861 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (6121 389 -5506
L
I am enclosing for your review and consideration and action by the •
City Council for the City of Hutchinson, the franchise in
connection with the above entitled matter. This franchise should
be approved by the City Council at its next regularly scheduled
City Council meeting.
The franchise agreement relates directly to the lease agreement
previously approved and executed by the parties, a copy of which I
am enclosing with this correspondence. The Council may wish to
have that agreement in front of them at the time they approve the
franchise.
It should be noted that approval of the franchise is a formality
because the City is bound by the site lease agreement entered into
by the parties. However, because this improvement is located on
what is clearly City property, the franchise should be adopted.
I have also enclosed a revised page 563 of our Code book reflecting
the grant of this franchise. This should be inserted in all extant
code books. If you have any questions with regard to this matter, do
not hesitate to contact me. Thank you.
Very truly yours,
ARNOLD, ANDERSON & DOVE, /P.L.L.P.
ell
G. Barry Anderson ��C)
GBA:lm
EnC1 Qr RTIFIEO AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
IED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
BITE LEASE AGREEMENT
SOUTH PARR WATER TOWER
This agreement is made and entered into this aS"' day of
April, 1994, by and between the City of Hutchinson (Lessor) , a
Municipal Corporation and the Cellular 7 Partnership (Lessee) , a
Minnesota General Partnership.
In consideration of the covenants and agreements hereinafter
set forth, the parties hereto agree as follows:
(1) Leased Premises. Lessor hereby leases to the Lessee, for
the period, at the rental, and upon the terms and conditions
hereinafter set forth, the following described premises:
Space in and on top of the South Park water tower and
adjacent property as needed to place a 140 x 171
equipment building.
• (2) Access. Lessor also grants Lessee access to the space
described in subparagraph 1, seven days a week, 24 hours a day,
throughout the term of the lease.
•
(3) Term of Lease. The term of this lease shall be for an
initial period of sixty (60) months, unless sooner terminated as
provided below. The Lessee shall have an option to renew the
lease, upon 60 days prior written notice to the Lessor, for two (2)
additional sixty (60) month periods, on the same terms as set out
in this lease. Provided, however, that the rent payable to the
Lessor during such renewal periods shall be determined in
accordance with paragraph 5 hereof.
1
(4) Termination.
(a) Lessor or Lessee shall have the right to terminate
this lease for cause in the event that the other party defaults on
any material provision of this lease, and in the event that such
default is not cured within thirty (30) days after written notice
thereof provided to the other party.
(b) In the event of termination or expiration of the
lease, the Lessee shall have a reasonable period of time not
exceeding ninety (90) days to remove all antennas, equipment, and
materials from the premises. The Lessee shall deliver possession
of the premises to the Lessor at the expiration of the lease in
good condition and repair subject to ordinary wear and tear, which
is specifically excepted.
(c) The Lessee shall not do or permit any activities
upon the
premises which
would
cause or permit physical, electronic,
•
or other
interferences
with
any other electronic, audio or video
transmission facilities, equipment, or signals.
(5) Rental Payments.
(a) The Lessee shall pay to the Lessor rental of $500
for each month of the lease. Rental shall be applied to Lessors
Cellular 2000 account as a credit which may be applied to all
cellular service provided to Lessor for that particular month.
There will be no carry over of remaining credits to subsequent
months.
(b) Option periods will be renegotiated when Lessee
expresses intent to exercise option. Both parties must agree, in
2 0
writing, as to the terms and conditions of any renewal option under
• this agreement.
(6) Use of Premises. The Premises shall be used by Lessee
for the installation, operation, and maintenance of a
communications system, including but not limited to cellular
telephone, radio, paging and other narrow band and broad band
audiowave transmission and reception, and related purposes.
However, any welding, painting, drilling of holes or alterations in
any form to the water tower by the Lessee must first be approved in
writing by the Lessor.
(7) Insurance and Indemnification.
(a) Lessee shall, during the term of the lease, maintain
property coverage on all personal property and fixtures owned by
Lessee. Lessee acknowledges that Lessor is not responsible for
• insuring against the loss of Lessee's equipment and Lessor has not
so insured Lessee's equipment, fixtures and improvements. Lessee
shall also maintain a single limit or combined limit general
liability insurance policy of an amount not less than the limits
set forth in Chapter 466 of Minnesota Statutes for property damage
arising from one occurrence or for bodily or personal injuries or
death or damages arising from one occurrence.
(b) Lessee shall hold Lessor harmless from and indemnify
Lessor against any and all liability, damage, loss and expense
arising or resulting from the acts or omissions or caused by Lessee
or Lessee's employees, servants, agents, guests, assigns,
subtenants, visitors or licensees, in, upon or about the premises,
• 3
the building or the adjacent areas, including all common areas or
arising out of or
related to the use and occupancy
of the property
.
or the business or
activity conducted with respect
to the property,
including but not
limited to injuries to person or
property. This
indemnification clause specifically includes reasonable attorney's
fees incurred by the Lessor, and Lessee shall reimburse Lessor for
attorney's fees as incurred and not only at the termination of the
litigation or other dispute necessitating the retention of an
attorney by Lessor.
(8) Damage or Destruction. If the Premises are damaged or
destroyed by fire, winds, flood or other natural or manmade cause,
Lessor shall have the option to repair or replace the Premises at
its sole expense, or to terminate this lease effective on the date
of such damage or destruction. In the event it elects to terminate
the lease, neither Lessee nor Lessor shall have any further •
obligations hereunder. If Lessor elects to repair or replace the
premises, until such repair or replacement is completed so that the
Lessees can resume full operations, the Lessee's rental hereunder
shall abate until the premises are restored to a condition that the
Lessee can resume full operations at the premises.
(9) Taxes and Utilities.
(a) The Lessor shall pay and be responsible for all
taxes due on the Premises, and the Lessee shall pay and be
responsible for all taxes due on Lessee's equipment and fixtures
installed on the Premises.
4 0
(10) Notices. Any notice required or permitted to be given
• hereunder shall be in writing and shall be deemed to have been
given (a) upon personal delivery or (b) upon receipt after mailing
by certified or registered first class mail, postage prepaid,
return receipt requested, and addressed to the parties as follows:
Lessor: City of Hutchinson
Office of the City Administrator
111 Hasson Street S
Hutchinson, MN 55350
Lessee: Cellular 7 Partnership
Attn: Mr. William Otis
400 2nd Street N
New Ulm, MN 56073
(11) Miscellaneous Provisions.
(a) Lessor warrants that it has full right, power, and
authority to execute this agreement. Lessor covenants that Lessee,
in paying rent and performing the covenants by it herein made,
shall and may peacefully and quietly have, hold, and enjoy the
• leased property.
(b) Lessee's obligations hereunder shall be contingent
upon Lessee's ability to use the premises for the purpose described
in Paragraph (6) above, including but not limited to receipt of all
necessary easements, permits, zoning approvals, and regulatory
approvals.
(c) Lessee shall obtain all necessary governmental and
regulatory approvals required for its occupation and use of the
Premises, including but not limited to zoning changes, and shall be
responsible for the cost of obtaining such approvals. The Lessor
shall cooperate with the Lessee in obtaining such approvals.
(d) The provisions of this lease shall bind and inure to
the benefit of the parties hereto and their heirs, legal
representatives, successors and assigns.
• 5
(e) This lease contains the entire agreement of the
parties with respect to any matter mentioned herein and supersedes •
any prior oral or written agreements.
(f) This lease may be amended in writing only, signed by
the parties in interest at the time of such amendment.
(g) This lease may be assigned by the Lessee without the
written consent of the Lessor, provided that the assignee continues
carrying on Lessee's communications business as contemplated
hereunder and assumes in writing the obligations of the Lessee
hereunder. This lease may be assigned by the Lessor without the
consent of the Lessee, provided that the assignee shall take the
Premises subject to this lease.
(h) No waiver by either party of any provision hereof
shall be deemed a waiver of any other provision or of any prior or
subsequent breach or any provision hereof.
(i) If any term or provision of this lease is held to be
invalid or unenforceable, such invalidity or unenforceability shall
not be construed to affect any other provision of this lease, and
the remaining provision shall be enforceable in accordance with •
their terms.
(j) This agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
(k) If Lessee does not promptly vacate the premises at
the end of the Lease term, such holding over shall be treated as
creating a month to month tenancy.
IN WITNESS WHEREOF, the paries have executed this lease
agreement as of the day and year first written above.
BY:
Title: 7
vS�``ya
BY-�ti --�
Title: Adw
6 0
MET--
APPLICATION FORJ!!.!En�� ----- PERMIT
MOM i
KjjXCOUNC1 COUNCIL the .. * ......
As .... . .. CITY ....................... ............ ...... ... NLJTLHINSON
...... . ............... .... ............ . .... ............................in the County Of
............ ........ K .. MO D...................... .............................., State of Minnesota:
The Underelined owner whom name and address .la ....... . /. zo .... ..... . . 7 v e--.
CDO.V-e.6 . ......... Pe... ...... applies for a permit to .........PLOW ...............AND
...... 11 ..........
Pi
REMOVE SNOW WITH
.... .......
.. ............ I . ................................... . .....
"t .... ............ ......................... ................._.............
y ... . . .......... .. .... ....
upon that certain tract of land described as follows: Lot ................................................ ; Block.............. ...............................
plator aj"Wr& ................ : ................................................. - ........................ ; address .......................................................................................
which 14 of the followtnt size and area; width .................. .._............................ feet; Zenith . .. .............................. feet;
WITHIN THE CITY LIMITS
area.............. ........ ................................................................................................................................................ .......
and hereby aire4m that, in moo such permit to granted, that all work which shall be done and all
materials which shall be used shalt comply with the plans and specifloations therefor herewith submitted
and with all the ordinances of said ......... ... H.L.M.CH.I.N.S.ON .......................................................................................
applicable thereto.
fppUoant further airees to pay fee* or asse8emente at the time and in the amount* specified as
................. ................. . . $10.9p ....................................................... . ............... ..................................................................................... .............................
............................ ................................................................................................................................................... .......... . . .. ................ .. ....... .......... .
Owner
0
A*UrJrLJL%-J% A JLV1N rUtL?ILM2a=:—YERbUT
....
. CITY,,, * COUNCIL ' O tN * C * I L
of she ......OTY ..... . .... .... . ..... .- .. ................ . . .
. . . ...... NSON
. ...................................................... in the County of
.............. I ..... Mc .. U.00 ................... ...............
of Ovinnmla:
The Un&rstined owner hove name and
address .la....
.. . .. ......................hereby ra r a permu to . ..... ��LOW AND
.. ....... lo ... ..........
REMOVE SNOW ... WITH
.............................. .. .. ... . ............ . .... P"..4 ........ 4.t.g. ............. 4.4'
.......... * . .......
Upon that c#r&" Iraoi of land dejoribed as follows: Lot .... ..................................... Block ................. .................. ... .....
ptat.or addition, .................................................... I .......... .. .......................... ; address .......................................................................... ..
idl"" which is of the following *I" and area;, width ...................._.. ..........................feet; length. ...............................
t iWed WITHIN THE CITY LIMITS
........................................................................... m ......................................................................................................... .............................. .. ...
and hereby ajfrms that, In ous such perm.11 Is granted, that all work which shall be done and all
Materials whfah shall be used shall comply with the plant and opecifl4atiom therefor herewith submitted
and with all the ordinamms of said ........ qjjX ... 2E..1.1UTC1.4.I.N.S.ON ...........................................................................
appIlaable thereto. ... . . ... .. .....
.4pplloant further agrees to pay fees or amesemen.4 at the time and In the amount* specifled as
............. 1; . .................. . ......................... . .............. . ......... . ....................................... . ..................................................... I .........................................
U pa
18195
I
..................... ........................... ............ . .. .............................
... .. .......... ......... .. .... .. ..............
Owner
•
. - w/'
C
M E M O R A N D U M
I�• .r
Delinguent water - sewer accounts for _.- month of
Attached is a
listing of the delinquent water and sewer accounts
for the month
of Jan. Recommend service be
discontinued on Monday,
Jan 30th, 1995 at Noon.
•
City Center
Parks & Recreation
Police Services
Ill Hassan Street SE
900 Harrington Street SW
10 Franklin Street SW
Hutchinson,
)VIN 55350 -2522
Hutchinson,.WN 55350 -3097
Hutchinson, WN 55350 -2464
(612) 587 -5151
(612) 587 -2975
(612) 587 -2242
Fax(612)234 -4240
Fax(612)234 -4240
Fax(612)587 -6427
- Pnlrel nr. per' +ded par,r-
`w
2- 035- 0840 -097
2- 350- 0890 -051
•
Wilton Soderberg
James Duhamel
715 Harrington St
840 2nd Ave Sw
890 Dale St
`ale St
Hutchinson MN 55350
Hutchinson MN 55350
128.87
840 2nd Ave SW
890 Dale St
176.16
128.76
2- 310- 0934 -022
2- 440 - 0750 -061
Wm Herdina
Christine Schulte
934 Church St
750 Graham St
Hutchinson MN 55350
Hutchinson MN 55350
934 Church St
750 Graham St
197.63
113.33
Promises 2 -10 -95
2- 465- 0626 -081
2- 325- 0545 -061
Chris Johnson
Mark Schnobrich
626 Harmony La
545 Clinton Ave
Hutchinson MN 55350
Hutchinson MN 55350
626 Harmony La
545 Clinton Ave
97.79
178.01
2- 350- 0325 -002
2- 470 - 0715 -031
Thomas Smith
E Duesterhoeft
1'5 Dale St
715 Harrington St
tchinson MN 55350
Hutchinson MN 55350
`ale St
715 Harrington St
i42., 3
128.87
2- 350 - 0505 -021
2 -555- 0530 -041
Richard Mattson
Angela Biehler
505 Dale St
530 Jackson St
Hutchinson MN 55350
Hutchinson MN 55350
505 Dale St
530 Jackson St
181.69
136.53
•
IF*
• 2- 610 - 0515 -064
Charles Jahnke
515 Lakeville La
Hutchinson MN 55350
515 Lakeview La
103.98
2- 620 -0530- 2
an Cam
5 L on St
Hutc son MN 55350
11
11
2- 670 - 0400 -019
John Sandahl
400 Lynn Rd
Hutchinson MN 55350
400 Lynn Rd
108.87
2 -670- 0585 -084
Robert Stone
585 Lynn Rd
Hutchinson MN 55350
585 Lynn Rd
116.79
2- 675 -0544 -031
Keith Krommenhoek
544 Madaon Ave
Hutchinson MN 55350
544 Madson Ave
114.69
Promises 1 -31 -95
2- 675- 0620 -003
Kevin Kolden
620 Madson Ave
Hutchinson MN 55350
620 Madson Ave
124.04
2- 700 - 1320 -001
Ronald J Thompson
1320 McDonald Dr
Hutchinson MN 55350
1320 McDonald Dr
116.79
Promises 2 -3 -95
V 6V 'll St
MN 55350
406 Merrill t
130.13
2- 725 - 0784 -021
Veronica Bulua
784 Milwaukee Ave
Hutchinson MN 55350
784 Milwaukee Ave
155.99
Promises 1 -27 -95
2- 805- 0325 -016
Terry Bisbee
325 Pishney La E
Hutchinson MN 55350
325 Pishney La E
35.69
2- 920 - 0416 -011
Glenda Anderson
416 Stoney Point Rd
Hutchinson MN 55350
416 Stoney Point Rd
201.21
0r
rry m, s <<, 1-9.95
2- 925 - 0804 -062
Antony Jensen
804 Sunset St
Hutchinson MN 55350
804 Sunset ST
144.20
2 -585- 0563 -083
Richard Nicholi
563 Juul Rd
Hutchinson MN 55350
563 Juul Rd
35.57
Duane Baker
563 Juul Rd
�rchinson MN 55350
*0 -
0
•
• C
M E M U N H N U U M
DATE, January 18, 1995
TO: Hutchinson City Council
FROM: Hutchinson Planninq_Commissi_on
SUBJECT: CONSIDERATION TO REZONE PROPERTY LOCATED ON HWY 22__$_FROM
C -2 AND R -2 TO I -2 REQUESTED BY CITY STAFF
Pursuant to Section 6.05, of Zoning Ordinance No. 464, the
Hutchinson Planning Commission is hereby submitting its findings of
fact and recommendation with respect to the aforementioned request
for rezoning.
HISTORY
In January, 1995, City Staff, submitted a request to rezone
property from C -2 (Automotive Service Commercial District) and R -2
• (Multiple Family Residence District) to I -2 (Heavy Industrial
District) property located on Hwy 22 S. A hearing was held at a
regular meeting of the Planning Commission on Tuesday, January 17,
1995, there was a neighboring property owner (Robert Anderson)
objecting to the request of rezoning the entire parcel I -2.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well
as published in the Hutchinson Leader on Thursday, January 5,
1995.
3. It was the consensus of the Planning Commission that the
request be approved to rezone a portion of the property for
city facilities I -2 and Lots 9 and 14 to C -4 (fringe
commercial).
RECOMMENDATION
It is the recommendation of the Planning Commission that the
aforementioned request to rezone be approved base on the findings
set forth above subject to rezoning a portion of the property for
city facilities I -2 and Lots 9 and 14 to C -4 (fringe commercial).
Respectfully submitted,
• City Center parks QJ4eC4atf;,Vuett, Chairman Police Services
111 Hassan Street SE 900 HarAWr0rr)kkpfW Planning C o mm i $($#Agklin Street SW
Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Fax(612)234 -4240 Fax(612)234 -4240 4�— Fax(612)587 -6427
- Printed on recycled paper -
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II AREA TO BE REZONED
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• 0 0
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WASTEWATER
TREATMENT �\
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FACILITY
FUTURE
WWTF I•a�w.en -�\
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L--------------- -'-'--_-.._.._._..-._..-'-- ---------
-----_..__ --
-_.._._- ._--
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---------
HUTCHINSON AREA TRANSPORTATION SERVICES BUILDING
AUL ecHn"nc IDE" DRAVMM - WM
2
I
H E H 0 R A N D U H
DATE: January 18, 1995
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT FOR OUTDOOR
STORAGE ON HUTCHINSON AREA TRANSPORTATION SERVICES
FACILITY PROPERTY LOCATED ON HWY 22 SOUTH REQUESTED
BY CITY STAFF
Pursuant to Section 8.13, of Zoning Ordinance No. 464, the
Hutchinson Planning Commission is hereby submitting its findings of
fact and recommendation with respect to the aforementioned request
for a conditional use permit.
• HISTORY
In January, 1995, City Staff, submitted an application for a
conditional use permit to permit outdoor storage on the Hutchinson
Area Maintenance Services (H.A.T.S.) facility property located on
Hwy 22 South. A public hearing was held at the regular meeting of
the Planning Commission on Tuesday, January 17, 1995, at which time
there was no one present objecting to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well
as published in the Hutchinson Leader on Thursday, January 5,
1995.
3. The proposal is in conformance with the requirements of a
conditional use permit.
RECOMMENDATION
It is the recommendation of the Planning Commission that the
aforementioned request for a conditional use permit be granted
based on the findings set forth above.
Respectfully submitted,
Clint Gruett, Chairman
•
City Center Parks& Recreffi"chinson Planning Cop&"S"I es
111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW
Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464
(612) 587 -5151 (612) 587 -2975 (612) 587 -2242
Fax(612)234 -4240 Fax(612)234 -4240 Fax(612)587 -6427
- Primed on recycled paper -
RESOLUTION NO. 10384
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 8.15 OF ZONING ORDINANCE NO. 464
• FOR OUTDOOR STORAGE ON CITY PROPERTY LOCATED ON HWY 22 SOUTH
REQUESTED BY CITY STAFF
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN:
FINDINGS
1. City Staff, have made application to the City Council
for a Conditional Use Permit under Section 8.15 of Zoning Ordinance
No. 464 to permit outdoor storage on the Hutchinson Area
Transportation Services (H.A.T.S.) facility located along Hwy 22
South with the following legal description:
LEGAL DESCRIPTION: That part of the Northwest Quarter of Section
8, Township 116 North, Range 29 West, McLeod
County, Minnesota, described as follows:
Commencing at the southwest corner of said
Northwest Quarter; thence South 89 degrees 28
minutes 51 seconds East, assumed bearing,
along the south line of said Northwest Quarter
a distance of 943.56 feet to the point of
beginning of the land to be described; thence
North 0 degrees 00 minutes 53 seconds West
1105.75 feet to the southwesterly line of the
• former right of way of the Chicago, Milwaukee,
St. Paul and Pacific Railroad; thence
southeasterly, along said southwesterly line,
1835.44 feet to said south line of the
Northwest Quarter, thence North 89 degrees 28
minutes 51 seconds West, along said south
line, 1454.22 feet to the point of beginning.
Also that part of the former right of way of
the Chicago, Milwaukee, St. Paul and Pacific
Railroad lying in the Northwest Quarter of
Section 8 Township 116 North, Range 29 West,
McLeod County, Minnesota, described as
follows:
Commencing at the southwest corner of said
Northwest Quarter; thence South 89 degrees 28
minutes 51 seconds East, assumed bearing,
along the south line of said Northwest Quarter
a distance of 943.56 feet; thence North 0
degrees 00 minutes 53 seconds West 1105.75
feet to the southwesterly line of said former
railroad right of way and the point of
beginning of the land to be described, thence
continuing North 0 degrees 00 minutes 53
seconds West 93.54 feet to the southwesterly
• right of way line of State Highway No 22;
thence southeasterly along said highway right
of way line, 1994.73 feet to said south line
of the Northwest Quarter; thence North 89
degrees 28 minutes 51 seconds West along said
south line 126.80 feet to said southwesterly — F
line of the former railroad right of way,
Resolution # 10384
Conditional Use Permit
H.A.T.S. Facility
Page 2
thence northwesterly along said southwesterly
line 1835.44 feet to the point of beginning.
2. The City Council has considered the recommendation of the
Planning Commission and the effect of the proposed use on the
health, safety, and welfare of the occupants of the surrounding
lands, existing and anticipated traffic conditions, and the effect
on values of properties in the surrounding area and the effect of
the use on the Comprehensive Plan.
3. The Council has determined that the proposed use will not
be detrimental to the health, safety, or general welfare of the
community nor will it cause serious traffic congestion nor hazards,
nor will it seriously depreciate surrounding property values, and
the proposed use is in harmony with the general purpose and intent
of the Zoning Ordinance and the Comprehensive Plan.
CONCLUSION
The application for Conditional Use Permit for the purpose
designated is granted based on the findings set forth above.
Adopted by the City Council this 24th day of January, 1995. •
ATTEST:
Gary D. Plotz
City Administrator
Marlin D. Torgerson
Mayor
•
• C
MEMORANDUM
DATE: January 18, 1995
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF ANNEXATION BY BOARD ORDER OF 225.95 ACRES
LOCATED IN ACOMA TOWNSHIP REQUESTED BY CITY STAFF
Pursuant to Section 414.033, Subd. 2b, of Minnesota Statues 1992, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recommendation
with respect to the aforementioned request for annexation.
HISTORY
In January, 1995, City Staff submitted a request for annexation of 225.95 acres
located in Acoma Township. A public hearing was held at the regular meeting of the
Planning Commission on Tuesday, January 17, 1995, at which time there were property
• owners present objecting to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as published
in the Hutchinson Leader on Thursday, January 5, 1995.
3. The proposal is in conformance with the requirements for annexation.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned request
for annexation be granted as set forth above.
• City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax (612) 234 -4240
Respectfully submitted,
Clint Gruett, Chairman
Hutchinson Planning Commission
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975 /
Fax(612)234 -4240
- Printed an recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN55350 -2464
(612) 587 -2242
Fax(612)587 -6427
WOOD
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SW30•W
al
qI* 53
1 I
' 1
64
363,00
:JOt(NSOA•
OOH couRr
0 200 400 9E0 9• 4017,59 dP
♦
$cftc. FEET
A7
IMILLINEN "� SURVEYING
JOB NO. 943539
9•W!14 u« el S.. 36
TWIN OAKS ADDITION
I
i.
ACRES i N
ry
\jI
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SW30•W
al
qI* 53
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64
363,00
:JOt(NSOA•
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0 200 400 9E0 9• 4017,59 dP
♦
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A7
IMILLINEN "� SURVEYING
JOB NO. 943539
9•W!14 u« el S.. 36
TWIN OAKS ADDITION
I
i.
La!
5 No.
NOL
sec. 30. T. 117. ft. 29 el
of Soc. 30
SKETCH FOR CITY OF HUTCHINSON
AREA TO BE ANNEXED TO CITY.
PART OF Sw V4 AND PART OF-SE V4 Of- SEC. 2!
PART OF NE 11,14. -PART OF NIAllohl"AND"PART OF
36 A IN; T.'ll
SE 1/4 OF SEC. , ALL T N„ R. 3O W.
AND PART OF SWIM OF SEC 30. T117R.R29W.
A
TOTAL AREA A 225.95 ACRES
NWRIPTION OH SCF"ATC SHEET
304.?4
3o-2rI•-w
La!
5 No.
NOL
IN THE MATTER OF THE PETITION OF THE CITY OF HUTCHINSON, MINNESOTA TO ANNEX CERTAIN
ADJOINING UNINCORPORATED TERRITORY TO THE CITY PURSUANT TO MINNESOTA STATUTE 414.031.
TO THE MINNESOTA MUNICIPAL BOARD:
WHEREAS, certain territory described below is not presently included within the incorporated limits of any city; and
WHEREAS, this territory abuts upon the city limits at the northerly boundary thereof and is or is about to become urban or
suburban in character;
BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MfN'NESOTA
1. The city council hereby determines that the territory described below abuts the city limits and that none of the
territory is now included within the limits of the city.
2. The territory which it is proposed to annex consists partly of lands which have been platted into lots and blocks,
which plat has been duly and legally made and certified according to the laws of this state and filed in the office
of the county recorder of the County of McLeod, Minnesota, and partly of unplatted lands, all of which are or are
about to become urban or suburban in character. All of these lands, platted and unplatted, lie entirely within the
County of McLeod, Minnesota, and the description of the lands, both platted and unplatted, is as follows:
That part of the Northeast, the Northwest and Southeast Quarters of Section 36, that part of the Southeast and
the Southwest Quarters of Section 25, all in Township 117 North, Range 30 West of the 5th Principal
Meridian, and that part of the Southwest Quarter of Section 30, Township 117 North, Range 29 West of the
5th Principal Meridian, described as follows:
Beginning at the northeast comer of said Section 36; thence southerly along the east line of the Northeast
Quarter and along the east line of the Southeast Quarter of said Section 36, to the center line of Golf Course
Road; thence westerly, along said center line, to the intersection of the northerly prolongation of the west line
• of MUNSELL ADDITION, according to the recorded plat thereof; thence southerly, along said northerly
prolongation and along said west line of MUNSELL ADDITION, to the southwest comer of Lot 5 of Block I
of said MUNSELL ADDITION; thence easterly, along the south line of said Lot 5, to the northwest comer of
Lot 7 of said Block I of MUNSELL ADDITION; thence southerly, along the west line of said Lot 7, to the
intersection with a line parallel with and 300.00 feet northerly of, as measured at a right angle to, the center
line of State Highway No. 7 and No. 22; thence westerly, along said parallel line, to the intersection with the
east line of the Northwest Quarter of the Southeast Quarter of said Section 36; thence northerly, along the last
said east line, to the northeast comer of TWIN OAKS ADDITION, according to the recorded plat thereof;
thence westerly, along the north line of said TWIN OAKS ADDITION, and its westerly prolongation, to the
intersection with the north -south quarter line of said Section 36; thence northerly, along said north -south
quarter line, to the southwest comer of JOHNSON'S COURT, according to the recorded plat thereof; thence
easterly, along the south line of said JOHNSON'S COURT and its easterly prolongation, to the northeasterly
right of way line of Golf Course Road; thence northwesterly along said northeasterly right of way line, to the
intersection with said north -south quarter line; thence southerly, along said north -south quarter line, to the
center line of Golf Course Road; thence northwesterly, along said center line, to the intersection with the
westerly prolongation of the north line of KRSIEAN ACRES, according to the recorded plat thereof; thence
easterly, along said westerly prolongation and along said north line of KRSIEAN ACRES, to the north -south
quarter line of said Section 25; thence northerly, along said north -south quarter line, to the intersection with
the northeasterly line of MCLEOD COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29: thence
southeasterly and easterly, along said northeasterly line and along the northerly line of said MCLEOD
COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29, to the intersection with the east line of the
Southwest Quarter of the Southwest Quarter of Section 30, thence southerly, along the last said east line, to
the southeast comer of said Southwest Quarter of the Southwest Quarter; thence westerly, along the south line
of said Southwest Quarter of Section 30, to the point of beginning. 225.95 acres.
•
3. Those parties that are entitled to notice under Minnesota Statute 414.09 are as follows:
a. Acoma Township and Hutchinson Township - the townships governing the affected territory
b. City of Hutchinson - the municipality abutting the affected area
c. County of McLeod - the county where the affected territory is situated
d. McLeod County Planning and Zoning Office
e. Mid Minnesota Development Commission, Region 5E
4. Annexation is requested for the following reasons:
a. The City boundary abuts three sides of the area proposed for annexation.
b. The property is urban or suburban in nature or about to become so.
c. The City is experiencing substantial employment base and population growth. As a result, the City needs to
effectively accommodate additional urban housing.
d. The property to be annexed is necessary to properly plan development and the municipal services required to
serve the development. Municipal services can readily be extended to the annexing property from their
locations within the current municipal boundary.
e. Municipal sanitary sewer is necessary to replace failing on -site sewage treatment systems on the platted and
unplatted lands.
f. The Hutchinson police department provides mutual aid on an initial call basis to this area. In addition, the
department provides communication services for this area.
g. The Hutchinson Fire Department and Ambulance Service provide emergency services to the annexing area. •
Adopted by the City Council this 24th day of January, 1995.
Attest:
Gary Plotz, City Administrator
Marlin Torgerson, Mayor
• McGRAW & WARD, P.A.
ATTORNEYS AT LAW
SUITE 209 CITIZENS BANK BUILDING
RONALD J. McGRAW P.O. BOX 98
STEVEN L. WARD HUTCHINSON, MINNESOTA 55350
November 14, 1994
Mr. Gary Plotz
City Administrator, City of Hutchinson
City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
Re: Acoma Township Annexation
Dear Mr. Plotz:
TELEPHONE
612- 587 -3900
FAX 612 -587 -9597
•Our office has been contacted to represent Mr. and Mrs. Mark Fratzke concerning the proposed
annexation of their property located in Acoma Township. Mr. and Mrs. Fratzke have raised a number of
issues that concern them regarding this matter and we hope you can provide answers to their concerns.
Perhaps the most troubling issue concerns municipal services. Mr. Fratzke informed me that he
was told by City staff that it will likely be ten (10) years before his property receives City services. Ifthis
is the case, they will basically receive no benefit from the annexation; yet, they will be required to pay
higher taxes and will lose other amenities of the country life they enjoy such as hunting, etc.
At first glance, it appears that the only party to benefit from this annexation is the municipality in
the form of increased tax revenues. I believe there is authority that annexation is not proper unless the
municipality can show that the increase in revenues for the annexing municipality bears a reasonable
relation to the monetary value of the benefits to be conferred on the annexed area.
We would appreciate it if you would provide us with a detailed list of the monetary value of the
benefits to be derived by Mr. and Mrs. Fratzke as a result of this annexation.
Very truly yours,
Steven L. Ward
• SLW:alb
The response from the planning
annexation: committee and City of Hutch indicated the following benefits from
1. Fire protection via an existing hydrant. •
2. Police protection
3. Reduced fees for participation in the Hutchinson recreational programs.
4. Improved snow removal response.
5. Potable water is accessible should private wells fail
6. Residential curbside garbage and recycling collection.
7. Reduced residential garbage collection fees for participating in the City rerycling and
composting programs.
8. Lower electrical rates from inclusion within the Hutchinson Utilities electrical service area.
9. Hutchinson Transit area (Hutchmobile)
10. Possible access to cable television
11. When economically feasible, municipal services
Our response to each of these amenities is the following: (Mark Fratzke)
1. We already have fire protection. The fire hydrant already exists and is useable if the fire
department should so choose.
2• We have protection from the county sheriff department and have never had a complaint on
their response time.
3• We've never paid a higher fee for participating in city rec programs that we are aware of
If we have, the fee is very minimal. •
4. Snow removal is excellent now and can not be improved upon. The city would not plow
each driveway if annexed. They would only plow North High Drive.
5. The likelihood of well failure if very small since we have two existing wells. A good primary
well with a good backup well. Each lot would then be charged individually for sewer and
water usage.
6. If annexed, each lot would pay individually for curbside collection according to the size of
refuse container chosen and you would be penalized for not participating in the recycling
program It would also be unsightly to have 25 or more garbage containers along with
recycling bins blowing around the court.
7. Recycling is available at no additional charge though our current garbage vendor.
8. Mcleod Coop Power has not given up their rights to service this area Hutch Utilities
would not automatically have the rights to service this area. It would have to be worked out
between the two of them with no idea at this point what the end result would be.
9. Hutchmobile will service from within a half mile of the court and taxi service is now
available to us.
10. We've had cable t.v. for 10 years.
11. The best estimation from the city engineer is that it could take 10 years before the city has
the capability to supply us with municipal services (sewer and water). So why pay now for
something we can't receive for 10 years?
In addition to the above, all residents will lose hunting rights on Northview Court property.
•
Zr—G-�
ra
November 21, 1994
Mr. Steven L. Ward
Suite 209 Citizens Bank Building
P.O. Box 98
Hutchinson, Minnesota 55350
RE: Acoma Township Annexation
Dear Mr. Ward:
FOR YOUR INFORMATION
This letter is in response to your request on behalf of your clients, Mr. and Mrs. Mark Fratzke, to
identify the benefits, and corresponding monetary values, to be derived from the proposed
annexation of their property into the City of Hutchinson. What follows is a list of those
amenities that would be available to the Fratzkes upon annexation.
• 1. Fire protection via an existing hydrant.
2. Police protection.
3. Reduced fees for participation in the Hutchinson recreational programs.
4. Improved snow removal response.
5. Potable water is accessible should private wells fail.
6. Residential curbside garbage and recycling collection.
7. Reduced residential garbage collection fees for participating in the City recycling and
composting programs.
8. Lower electrical rates from inclusion within the Hutchinson Utilities electrical service
area.
9. Hutchinson Transit area (Hutchmobile).
10. Possible access to cable television .
11. When economically feasible, municipal services.
I am sure you can agree that it is difficult to even try to assign a dollar value to the above listed
amenities. The values of most of the items on the list are subjective in nature.
City Center
• 111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Fax(612)234 -4240
- Printed on recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(612) 587 -2242
Fax (612) 587 -6427 /�—
q —C-5
Mr. Steven L. Ward
Page 2
November 21, 1994
If you have any questions or comments regarding this matter, please contact the Hutchinson
Planning Staff at (612)587 -5151.
Sincerely,
HUTCHINSON PLANNING STAFF
cc: Mr. and Mrs. Mark Fratzke
Hutchinson Planning Commission
Dorothy Bullert, Acoma Township Clerk
Acoma Annexation File
\J
C1
•
u let
0
C
MEMORANDUM
TO: John Rodeberg, Director of Engineering
Butch Wentworth, Hutchinson Utilities
John Webster, Hutchinson Utilities
Dolf Moon, Park and Recreation
Steve Madson, Police Chief
Hazel Sitz, Transit
Casey Stotts, Fire Marshal
Brad Emans, City /County Assessor
Brenda Ewing, Planning Coordinator
• FROM: Jim Marka, Building Official
FOR YOUR INFORMATION
DATE: January 20, 1995
SUBJECT: ANNEXATION BY BOARD ORDER OF 225.95 ACRES IN ACOMA
TOWNSHIP
The directive from the Planning Commission at the 1 -17 -95 meeting was to request a memo from
your respective department summarizing utility service schedules, fees or costs and benefits
Northview Mobile Home Park owners Mr. and Mrs. Mark Fratzke will incur or can expect as a
result from annexation. If possible, I would appreciate this information by February 15, 1995.
Thank you!
cc: Mr. and Mrs. Mark Fratzke
Mayor and Council
Planning Commission - Feb. Packet
Planning Staff
• City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Fax(612)234 -4240
- Printed on recycled paper -
Police Services
/ 10 Franklin Street SW
Hutchinson, MN 55350 -2464
'l (612) 587 -2242
Fax(612)587 -6427
HUTCHINSON PLANNING COMMISSION MINUTES
JANUARY 17, 1995
Discussion followed on the time lines for services when the property is annexed.
Chairman Gruett read a letter from Mr. Ralph Neuman, 980 Rolling Greens Lane, •
regarding the wetlands in that area.
Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed
at 6:51 p.m.
Mr. Craig commented on working with property owners about to be annexed
regarding gas and electric service, identifying the city and county taxes, and
defining specifically the taxes and benefits in dollars and cents keeping in mind
the recommendation goes to the City Council and the Municipal Board for public
hearing. Planning Commission is the first step in the process.1--�
Mr. Craig made a motion to recommend approval of the resolution to annex by
board order and forward to City Council. Seconded by Ms. Brandt the motion
carried unanimously.
4. OLD BUSINESS
a) CONSIDERATION OF RESOLUTION TO CHANGE STREET NAME OF
ROBERTS RD. TO ROBERTS AVE. S.W. (east/west) and ROBERTS ST.
S.W. (north/south)
Building Official Jim Marka commented on the request and the directive to wait .
until there is further development to the south. He explained our ordinance does
not address the addressing of properties. Mr. Marka commented on the proposal
by staff to help in correcting the problem. He stated staff recommends that the
street names be changed immediately.
Discussion followed regarding the location of Roberts Road and concerns with
changing the name. A question was asked if the police department and emergency
services were requesting the change. Mr. Marka stated the request was motivated
by the police department and also the problem the staff has with addressing.
Mr. Matejka stated he would urge an ordinance change for consistency. Chairman
Gruett commented on the need for the ordinance change not changing Roberts Rd.
Ms. Brandt explained they should look at the whole picture and research the
address ordinance. Mr. Wood explained something must be done with future
addressing on Roberts Rd.
Mr. Craig made a motion to move forward with the address ordinance for
presentation at the next meeting, seconded by Mr. Matejka the motion carried
unanimously.
Mr. Craig made a motion to reject renaming of Roberts Rd and directed staff to
return with a site plan for new development area if possible, seconded by Mr.
Matejka the motion carried unanimously.
Ell
'A60O ADMIT 0 iN T%FAA AN NEW YORK
January 24, 1995
ARNOLD, ANDERSON & DOVE
bAOrCS°IONAL LIMITED LIA.ILITY PARTNERAMIP FOR YOUR INFORMATION
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350.2563
(61 S) 587 -7575
FAX(612) 997.4098
Andrew MacArthur
Radzwill Law Office
PO Box 369
St. Michael, MN 55376
RESIDENT ATTORNEY
O. BARRY ANDERSON
OF COUNSEL
RAYMOND C. LALMER
JANE VAN VALKENBVRG
See, CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 554'6
1612) 545.9000
PAX (0 12) 545-1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA S5371
(612)389.2214
FAX (612) 389 -5506
SENT VIA FAX (612 497 2599) AND REGULAR
MAIL
Re: Orderly Annexation Agreement for Acoma, Hutchinson Townships and the
City of Hutchinson
Dear Mr. MacArthur:
• Please amend the Orderly Annexation Agreement as we discussed this afternoon.
I believe we agreed that Chapter 414 of Minnesota Statutes provides for a pay-
back to the townships involved in this matter based on the taxes paid in the year
the agreement is approved -- presumably 1995.
I will bring the agreement to the Council meeting this evening; I will note this
change and the original can be executed when we receive your revised draft.
There are some long range planning issues that the City and townships should con-
sider. I understand there is a meeting scheduled with Aroma township on February
9. It might make sense to have someone from the City to discuss these issues and
perhaps we should visit about this possibility at your convenience.
Thank you for your coopigation.
rs
GOIN,Iffrry Anderson
FOR THE FIRM
GBA:ga
• CC. Brenda Ewing, Jim Marka, Gary Plotz (via fax 234 4240)
CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE OAR ASSOCIATION j � —
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION -/(� (�
DAVID S. ARNOLD'
STEVEN A. ANDERSON
O. SAPPY ANOERSONR
STEVEN S. HOGE
LAVRA K. FRETLANO
DAVID A. BRVEGGEMANN
PAUL D. DOVE**
RICHARD G� MEOEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT D. ARNOLD
'A60O ADMIT 0 iN T%FAA AN NEW YORK
January 24, 1995
ARNOLD, ANDERSON & DOVE
bAOrCS°IONAL LIMITED LIA.ILITY PARTNERAMIP FOR YOUR INFORMATION
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350.2563
(61 S) 587 -7575
FAX(612) 997.4098
Andrew MacArthur
Radzwill Law Office
PO Box 369
St. Michael, MN 55376
RESIDENT ATTORNEY
O. BARRY ANDERSON
OF COUNSEL
RAYMOND C. LALMER
JANE VAN VALKENBVRG
See, CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 554'6
1612) 545.9000
PAX (0 12) 545-1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA S5371
(612)389.2214
FAX (612) 389 -5506
SENT VIA FAX (612 497 2599) AND REGULAR
MAIL
Re: Orderly Annexation Agreement for Acoma, Hutchinson Townships and the
City of Hutchinson
Dear Mr. MacArthur:
• Please amend the Orderly Annexation Agreement as we discussed this afternoon.
I believe we agreed that Chapter 414 of Minnesota Statutes provides for a pay-
back to the townships involved in this matter based on the taxes paid in the year
the agreement is approved -- presumably 1995.
I will bring the agreement to the Council meeting this evening; I will note this
change and the original can be executed when we receive your revised draft.
There are some long range planning issues that the City and townships should con-
sider. I understand there is a meeting scheduled with Aroma township on February
9. It might make sense to have someone from the City to discuss these issues and
perhaps we should visit about this possibility at your convenience.
Thank you for your coopigation.
rs
GOIN,Iffrry Anderson
FOR THE FIRM
GBA:ga
• CC. Brenda Ewing, Jim Marka, Gary Plotz (via fax 234 4240)
CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE OAR ASSOCIATION j � —
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION -/(� (�
M E M O R A N D U M
DATE: January 18, 1995
T0: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: CONSIDERATION OF RESOLUTION TO CHANGE STREET NAME OF
ROBERTS RD. TO ROBERTS AVE. S.W. (east /west) AND ROBERTS
ST. S.W. (north /south)
• It is the recommendation of the Planning Commission to reject the
request, the name is to remain Roberts Rd. The Planning Commission
directed staff to present a site plan drawing of the new
development area. It is also the recommendation of the Planning
Commission to move forward with the address ordinance.
City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax (612) 234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN55350 -3097
(612) 587 -2975
Fax(612)234 -4240
- Printed on recycled paper -
Police Services
10 Franklin Street SW
Hutchinson, MN 55350 -2464
(612) 587 -2242
/ / Fax (612) 587 -6427
LAKE I: ��' .i l- \'� +�.: 'f «'�� »�.✓ �J '�,y><.}�
01 Eft
. Y� u,w• �• �• i i
' • J p
• r • ' 2 �• •r r.r
/ • � � •. , � ` wa= • •uw� '•. .... ' • , , • a! • ^• rY i • • III
y r l w E•�. •��
0 c
MEMORANDUM
DATE: January 5, 1995
TO: Hutchinson Planning Commission
FROM: Planning Staff- G. Plotz, J. Rodeberg, J. Marka, B. Ewing, M. Hensen, S.
Madson, G. Brandt, D. Lennes, M. Schaufler and J. Webster
SUBJECT: CONSIDERATION OF RESOLUTION TO CHANGE STREET NAME OF
ROBERTS RD. TO ROBERTS AVE S.W. (east/west) and ROBERTS ST. S.W.
(north/south)
• The planning staff recommends that the street names be changed as listed above to adhere to the
addressing grid and addressing policy. Staff also recommends that the change be made effective
immediately rather than when additional development occurs at the southwesterly extension of
the street.
City Center Parks & Recreation Police Services
111 Hassan Street SE 900 Harrington Street SW 10 Franklin Street SW
Hutchinson, MN 55350 -2522 Hutchinson, MN 55350 -3097 Hutchinson, MN 55350 -2464
(612) 587 -5151 (612) 587 -2975 y (612) 587 -2242
Fax(612)234 -4240 Fax(612)234 -4240 ((( , Fax(612)587 -6427
- Printed on recycled paper -
11
AGENDA
HUTCHINSON PLANNING COMMISSION
Tuesday, January 17, 1995
CALL TO ORDER 5:30 P.M.
FOR YQUR INFpRMAT1�'AE
The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following
members present: Glenn Matejka, Roger Gilmer, Bill Craig, Dean Wood, April Brandt
and Chairman Gruett. Member absent: Craig Lenz. Also present: Planning Coordinator
Brenda Ewing, Building Official Jim Marka, Director of Engineering John Rodeberg and
Asst. City Attorney Gina Brandt.
2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED DECEMBER
20, 1994
Mr. Craig made a motion to approve the minutes dated December 20, 1994, seconded by
Mr. Wood the motion carried unanimously.
3. PUBLIC HEARINGS
a) CONSIDERATION TO REZONE PROPERTY LOCATED ON HWY 22 SOUTH
FROM C -2 AND R -2 TO I -2 AS REQUESTED BY CITY STAFF
Chairman Gruett opened the hearing at 5:31 p.m. with the reading of publication
•
94756 as published in the Hutchinson Leader on Thursday, January 5, 1995. The
request is for the purpose of considering to rezone city property located along
Hwy 22 South from C -2 (Automotive Service Commercial District) and R -2
(Multiple Family Residence District) to I -2 (Heavy Industrial District).
Planning Coordinator Brenda Ewing read the Planning Staff recommendation and
showed an overhead of the site plan for the Hutchinson Area Transportation
Services (H.A.T.S.) facility which will be located on a portion of the property to
be rezoned.
Building Official Jim Marka explained the use and location of the city owned
property which now houses the city garage, wastewater treatment facility, compost
site and demolition dump site. Mr. Marka commented on the property and
ownership of the adjacent parcels. He also explained the present zoning and the
request to rezone.
Mr. Robert Anderson, 1545 Hwy. 22 S., adjacent property owner, requested an
outline of the property by the legal description. He stated he has no objection to
the I -2 zoning for the H.A.T.S. facility but is concerned with heavy industry
zoning further south or across the highway from his property and would like to
see that portion left R -2 as there are homes abutting that property.
• Director of Engineering John Rodeberg commented on the demolition site and
understands the concern of neighboring property owners for that portion of Lot 14.
He explained the distance and buffering requirements for the I -2 district.
HUTCHINSON PLANNING COMMISSION MINUTES
JANUARY 17, 1995
Jim Marka explained the separation of industrial and residential if there would be
development on the property across from the residential.
John Rodeberg stated the lots in question are not easily developed and addressing •
the concern is appropriate. He also stated Lots 9 and 14 could remain R -2 as the
composting site has no permanent buildings. Discussion followed on this use in
an R -2 and if commercial would be more appropriate to be consistent with the
ordinance.
Mr. Matejka moved to close the hearing, seconded by Mr. Gilmer the meeting
closed at 5:51 p.m. Mr. Matejka moved to recommend approval of a portion on
the property to I -2 (Heavy Industrial District) and Lots 9 and 14 to C -4 (Fringe
Commercial District) as a transition to residential. Seconded by Mr. Craig the
motion carried unanimously.
b) CONSIDERATION OF CONDITIONAL USE PERMIT FOR OUTDOOR
STORAGE ON HUTCHINSON AREA TRANSPORTATION SERVICES
FACILITY PROPERTY LOCATED ON HWY 22 S REQUESTED BY CITY
STAFF
Chairman Gruett opened the hearing at 5:54 p.m. with the reading of publication
#4757 as published in the Hutchinson Leader on Thursday, January 5, 1995. The
request is for the purpose of considering a conditional use permit requested by
City Staff for outdoor storage to be located on the H.A.T.S. facility property on
Hwy 22 S. •
Director of Engineering John Rodeberg commented on the building interior. He
explained the conditional use permit is required for outdoor storage consisting of
pipe products, culverts, sand and gravel, etc.
Building Official Jim Marka commented on the professional design and all
building code requirements are addressed. John Rodeberg stated that the
environmental controls will be in the building. Jim Marka explained the outdoor
storage will be screened to protect the looks of the property.
Mr. Matejka moved to close the hearing, seconded by Ms. Brandt the hearing
closed at 5:59 p.m. Mr. Matejka made a motion to recommend approval of the
request with storage limited to 200' from the right of way and screening with
plantings 200' on either side of the building. Seconded by Mr. Craig the motion
carried unanimously.
C) CONSIDERATION OF ANNEXATION BY BOARD ORDER OF 225.95 ACRES
LOCATED IN ACOMA TOWNSHIP REQUESTED BY CITY STAFF
Chairman Gruett opened the hearing at 6:04 p.m. with the reading of publication
94758 as published in the Hutchinson Leader on Thursday, January 5, 1995. The
request is for the purpose of considering the annexation of 225.95 acres in Acoma •
Township by board order requested by City Staff.
2
HUTCHINSON PLANNING COMMISSION MINUTES
JANUARY 17, 1995
Planning Coordinator Brenda Ewing commented on the history of the request and
• explained annexing by board order instead of orderly annexation.
Mr. James Field, Acoma Township, stated the township is working with their
attorney on an agreement between the city and township.
Building Official Jim Marka commented on the meeting with Acoma Township
officials regarding orderly annexation. He also commented on Mark Fratzke's
concerns should his mobile home park be annexed into the city. One concern
would be the requirement of a storm shelter. Mr. Marka stated the basement of
the owners dwelling could be considered a storm shelter.
Mark and Cindy Fratzke, 25 Northview Court, explained the location of their
property and their concerns with annexing their property.
Discussion followed on the annexation process and the reasons for recommending
annexation by city staff.
Mr. Fratzke commented on his concerns of higher taxes and losing hunting rights
on his property. Ms. Fratzke commented on the cost of water and sewer.
• Discussion followed on projection of growth in that area.
Mr. Gilmer stated it is the Planning Commission's responsibility to project the
growth of the city and direct that growth.
Ms. Ewing explained the Planning Commission is to forward and recommendation
on to the City Council to adopt a resolution for annexation that would be then sent
to the Municipal Board for public hearing and action.
Mr. Craig stated the final decision rests with the Municipal Board.
Mr. Ron Krsiean, representing his mother Ann Krsiean, asked about the water and
sewer services in Krsiean Acres. Building Official Marka stated they are not
required to hook up to city services immediately and he explained the septic
systems must be certifiable by the State.
Mr. Krsiean also asked about the assessments on the property.
Director of Engineering John Rodeberg explained there would not be an immediate
assessment if there is not an immediate need.
Mr. Krsiean had questions regarding deferred assessments on the property.
• Mr. Rodeberg explained that if the property is adjacent to undeveloped property
the assessments would continue to be deferred. Mr. Marka commented on the
process of deferring assessments. He stated the city must prove benefit for
3
HUTCHINSON PLANNING COMMISSION MINUTES
JANUARY 17, 1995
service.
Discussion followed on the time lines for services when the property is annexed. .
Chairman Gruett read a letter from Mr. Ralph Neuman, 980 Rolling Greens Lane,
regarding the wetlands in that area.
Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed
at 6:51 p.m.
Mr. Craig commented on working with property owners about to be annexed
regarding gas and electric service, identifying the city and county taxes, and
defining specifically the taxes and benefits in dollars and cents keeping in mind
the recommendation goes to the City Council and the Municipal Board for public
hearing. Planning Commission is the first step in the process.
Mr. Craig made a motion to recommend approval of the resolution to annex by
board order and forward to City Council. Seconded by Ms. Brandt the motion
carried unanimously.
4. OLD BUSINESS
a) CONSIDERATION OF RESOLUTION TO CHANGE STREET NAME OF •
ROBERTS RD. TO ROBERTS AVE. S.W. (east/west) and ROBERTS ST.
S.W. (north/south)
Building Official Jim Marka commented on the request and the directive to wait
until there is further development to the south. He explained our ordinance does
not address the addressing of properties. Mr. Marka commented on the proposal
by staff to help in correcting the problem. He stated staff recommends that the
street names be changed immediately.
Discussion followed regarding the location of Roberts Road and concerns with
changing the name. A question was asked if the police department and emergency
services were requesting the change. Mr. Marka stated the request was motivated
by the police department and also the problem the staff has with addressing.
Mr. Matejka stated he would urge an ordinance change for consistency. Chairman
Gruett commented on the need for the ordinance change not changing Roberts Rd.
Ms. Brandt explained they should look at the whole picture and research the
address ordinance. Mr. Wood explained something must be done with future
addressing on Roberts Rd.
Mr. Craig made a motion to move forward with the address ordinance for •
presentation at the next meeting, seconded by Mr. Matejka the motion carried
unanimously.
4
HUTCHINSON PLANNING COMMISSION MINUTES
JANUARY 17, 1995
Mr. Craig made a motion to reject renaming of Roberts Rd and directed staff to
. return with a site plan for new development area if possible, seconded by Mr.
Matejka the motion carried unanimously.
5. NEW BUSINESS
a) COMMUNICATION FROM STAFF
1) Jim Marka commented on the Hunter's Ridge plat and the 100 year flood
elevation.
2) Ulm Ave. easement is still being considered by Mr. Johnson.
3) Jim Marka commented on a garage being constructed by Mr. Theodore
Verhey without a permit. Mr. Verhey has stated this is temporary and the
construction will be tagged in the property I.D. system.
6. ADJOURNMENT
The meeting adjourned at 7:25 p.m.
•
5
btate of Ainnegota, ............... City.. ..................... of......... Hutchinson ..._........ ..................
Count of McLeod
.1pplication No ............... _........................
Application for License to Sell Cigarettes at Retail
City .....:......:.o ....... Hutchinson... ............._................,
The undersigned resident...... of the ............. ............................... f
McLeod .. , State of Minnesota HEREBY AMICE...... RPPLIC.R-
inthe county of ............................................ ............................._. ,
RussCarter Jr.:......_ ............................................... _._.....- ...................._
TIO,Y' FOR LICENSE to be issued to .................................. ......................_........ .
to sell
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and ci arette papers and wrappers at retail
aaa, 6 Main St. N.
in the ............................
City . ..............................o f .................. Hutchinson ,....................... in said county and state for the term of
one year 1st .January
da o ,
.......................................... .............................., begiatntng wLth, the......................... y ............... ...............................
19..._x....1.., subject to the laws of the State of Minnesota and the ordinances and regulations of said
................................ City ................. o f........Hutchinson . ...... .. ....................... ..............pertaining thereto, and herewith deposit ...
. SO. OO .............................in payment of the fee therefor.
Dated.......' ........... 192
...................
p
..............:...............
X .......... ........... _........._....................:... .
CITY OF HUTCHINSON
0
-�7,-.
JAN 17 1995
LO.O.F. Lodge
Hassan Valley Lodge # 109
Independent Order of Odd Fellows
148 Main Street South
Hutchinson, Mn. 55350
January 12, 1995
To: Hutchinson Mayor and City Council Members,
This letter is written on behalf of the Oddfellows lodge of
Hutchinson and its concerned lodge members.
For those of you who are not familiar with the Oddfellows,
we are the oldest active lodge in Hutchinson. We do not
boast a large membership and we are not that well known, but
we do take pride in our community and the betterment of it.
Three years ago (1992) we adopted the park that is situated
to the West of School Road bridge and south of Super America.
As a lodge, we have made it one of our top priorities to
beautify this park with the addition of a park shelter along
with picnic tables and benches placed throughout the park.
We have just recently purchased playground equipment from the
city that will be installed for park use in the Spring of
'95.
Two years ago (1993), the tract of land that sets north of
the Oddfellows park and south of Highway 7 was sold by the
. city to the Elk's lodge. It was their intent (the Elk's
club) to develop this piece of land and build a new Elk's
club on it. Fortunately, the Velvet Coach was for sale and
they purchased that. It is this piece of land and its future
ownership and use that concerns our lodge.
As a lodge, we have spent several thousands of dollars in
developing this park for our community and visitors use. The
enhancements that we have made has proven worthy, as noted by
increased park use.
However, our lodge feels that any type of construction on
this lot would only detract from the beauty of the park as
viewed from Hwy 7 and would also inhibit the use of the park
due to iacx of proper parking space.
We would urge the city, if at all possible, to repurchase
this tract of land, currently owned by the Elk's lodge, and
develop it into a suitable parking area that would ensure
continued park use.
Sincerely,
K06LE G12An1D
Oddfellow Park CommitCee Members
Alex Saloum
Bob Amiot
F.A. Roepke
—/4)
• c
January 20, 1995
MEMO
Mark Flatten has just been informed the city's managed care
provider (Select Care) will no longer be providing these services.
A meeting has been scheduled Tuesday with Mark Flatten and Dennis
Potter to discuss alternatives. We hope to be able to have a
recommendation for City Council action following this meeting.
City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
(612) 587 -5151
Fax(612)234 -4240
Parks & Recreation
900 Harrington Street SW
Hutchinson, MN 55350 -3097
(612) 587 -2975
Fax(612)234 -4240
- Printed nn re,, led paper -
Police Services
10 Franklin Street SW
Hutchinson, MN55350 -2464
(612) 587 -2242
Fax (612) 587 -6427
MANAGED CARE
FOR WORKERS' COMPENSATION
WHAT IS MANAGED CARE FOR WORKERS' COMPENSATION? ►
► A comprehensive program for managing
work- related injuries and illnesses, autho-
rized by new workers' compensation laws
and offered by Comprehensive Managed
Care (CMC).
► A network of medical providers
committed to providing high - quality,
cost - effective care to your employees who
have work- related injuries or illnesses.
►A team approach to effectively managing
medical care and returning injured
employees to work: CMC's team, the
health care provider, and the insurer
work with you and your employee to
communicate and to manage costs and
the employee's progress toward recovery.
►A cost - effective program integrating
medical care with medical management
so your employees get the care they need
and you keep costs in check.
• INCLUDED IN THIS FOLDER IS THE INFORMATION YOU WILL NEED TO LAUNCH
YOUR MANAGED CARE PROGRAM, AND TO RESPOND TO AN INJURY:
•
GETTING STARTED
—left -hand side of folder
-Employer's Role in Managed Care
-Employer Enrollment Form
-May an Employer Pay Small Medical Bills?
-Notice to Employee (payroll stuffier)
-Notice to Employees (poster)
WHEN AN INJURY OCCURS
— right -hand side of folder
•Injury Checklist
-Employee Handbook and Identification Card
-First Report of Injury
-Directory of Participating Health Care Providers
COMPREHENSIVE MANAGED CARE
MAneoeoi P,O, BOX 64634, ST. PAUL, MN 55164
TELEPHONE (800) 262 -0628 (612) 456 -5563
F5942 (8194) 9 —A ,
E
COMPREHENSIVE MANAGED CARE, INC.
P.O. Box 64560
St. Paul, MN 55164 -0560
ACTUARIAL IMPACT PROJECTION
Based on Injury dates in 1993
Claim Payments Through June 30, 1994
Certified Managed Care Plans (MCOs) became legal in Minnesota in 1992. Compreheksibe Managed
Care became certified in December, 1992 and began serving employers in 1993. This data represents an
actuarial analysis of the early results of managing approximately 1,000 injuries. I
Combined Medical and Indemnity Payments made prior to June 30,1994
are 25% less than expected.
Projections adjusted for claim cost trends, changes in benefits and claim
frequency
• Savings estimated based on analysis of earlier data with similar claim
maturity
•
1. Indemnity payments are 29% less than expected. 1%
2. Medical payments are 23% less than expected. This figure is likely
understated.
• Managed care appears to migrate the medical care closer to the injury
date.
• Medical payments in the months immediately following injury'are higher
than expected.
• Medical payments six months or longer after the date of injury are lower
than expected.
• If the continued medical expense on these injuries remains lower than
expected, the net savings will be greater than the 2396 observed as of June
30, 1994.
I For further information call Jeannine Churchill, President, 612456 -8256
lu
0
COMPREHENSIVE MANAGED CARE
BILLED CHARGE SAVINGS REPORT
For Medical Bills Paid Between January 1, 1994 and
November 30,1994
8. TOTAL REDUCTIONS $801,770 41.0%
1 The total charges submitted may be higher than normal because of provider confusion regarding managed care.
Some providers billed both CMC and the carriers /administrators. Because the carriers /administrators forwarded
bills to CMC, CMC received two for the same services.
2 This fi ure may be higher than what would normally be expected. Because CMC is an affiliate of Blue Cross
and Blue Shie15 of Minnesota, some providers may have submitted both occupational and non-occupational services
on the same bill which carried a work injury indicator.
. 3 "Total reductions' is not the same as "total savings. " These reductions only include actual charges submitted
for bills submitted. The estimated cost for services not performed is not reflected in these figures.
Charges % of
Charges
1.
TOTAL SUBMITTED CHARGES1
$1,954,646
100.0%
2.
Duplicate billing
182,201
9.3%
3.
Not workers' compensation2
150,597
7.7%
4.
Medical /UR review
135,388
6.9%
5.
Code review& fee schedule
242,362
12.4%
6.
Billed wrong carrier
48,148
2.5%
7.
Misc. other savinLys
43,073
2.2%
8. TOTAL REDUCTIONS $801,770 41.0%
1 The total charges submitted may be higher than normal because of provider confusion regarding managed care.
Some providers billed both CMC and the carriers /administrators. Because the carriers /administrators forwarded
bills to CMC, CMC received two for the same services.
2 This fi ure may be higher than what would normally be expected. Because CMC is an affiliate of Blue Cross
and Blue Shie15 of Minnesota, some providers may have submitted both occupational and non-occupational services
on the same bill which carried a work injury indicator.
. 3 "Total reductions' is not the same as "total savings. " These reductions only include actual charges submitted
for bills submitted. The estimated cost for services not performed is not reflected in these figures.
0
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON*
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE'
RICHARD G. McGEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT O. ARNOLD
'ALSO ADMITTED IN TEXAS LND NEW YORK
January 9, 1995
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350-2563
(612) 507 -7575
FAX (612) 587 -4096
Mr. Gary D. Plotz
City Administrator
City Center
111 Hassan Street South
Hutchinson, MN 55350
RESIDENT ATTORNEY
G. BARRY ANDERSON
JIM 12 rggg
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENSURG
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX 16121 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(6121389 -2214
FAX (612) 389 -5506
RE: Hutchinson Municipal Airport
• Dear Gary:
In connection with the airport project, I'm enclosing herewith a
Sponsor Certification for Real Property Acquisition for approval by
the council and execution by the mayor.
Please place this matter on the agenda, have the document approved
by the city council, and please have both copies signed by the
mayor and forwarded to Dagmer Runyon at the Minnesota Department of
Transportation.
Ms. Runyon was kind enough to send me additional forms relative to
the Svanda property, but, with respect to that property, we are
still undergoing condemnaticcr ploceo iny.
Please do not hesitate to contact me should you have any questions
in connection with the foregoing. Best regards.
Very *Anderson
ARNO& ID, P L.P
4
G. B
GBA:dfp -
• Enclosures
cc: John Rodeberg
Dagmer Runyon
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
Attachment 4
SPONSOR CERTIFICATION FOR REAL PROPERTY ACQUISITION .
City of Hutchinson Hutchinson Municipal A.I.P. 3 -27 -0042 -01
Sponsor's Name Airport Project Number
Parcel 10 (McLeod County Agricultural Association); 18.95 Acres, Fee.
Project Description
Section 509(d) of the Airport and Airway Improvement Act of 1932,
as amended (herein called the Act), authorizes the Secretary to
require certification from sponsors that they will comply with
statutory and administrative requirements. The following list of
certified items includes major requirements for this aspect of
project implementation. However, the list is not comprehensive,
nor does it relieve sponsors from fully complying with all
applicable statutory and administrative standards. Every
certified item must be marked. Each certified item with a "no"
response must be fully explained in an attachment to this
certification. If the item is not applicable to this project,
mark the item "N /A ". General requirements on real property
acquisition and relocation assistance are in 49 CFR 24. The
project Grant Agreement contains specific requirements and
assurances on the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (Uniform Act) . •
1. Good and sufficient title (is) (:iiQ M3W held on property in
the project. The sponsor's attorney or other official (has
prepared) and (has) (vkXLx2xxM on file title
evidence on the property.
Yes X No N/A
2. If defects and /or encumbrances exist in the title which
adversely impact the sponsor's intended use of property in the
project, they (have been) (will be) extinguished, modified, or
subordinated.
Yes No N/A X
3. If property for airport development (is) (will be) leased,
the term is for 20 years or the useful life of the project. The
lessor is a public agency and the lease contains no provisions
which prevent full compliance with the grant agreement.
Yes No N/A X
4. Property in the project (is) 3tx2m) in conformance with
the current Exhibit A (property map). The property map is based
on deeds, title opinions, land surveys, the approved airport
layout plan, and project documentation.
Yes X No N/A
5. For any acquisition of property interest in noise sensitive
Page 1 of 3 •
approach zones and related areas, property interest (was) (will
be) obtained to ensure land is used for purposes compatible with
• noise levels associated with operation of the airport.
Yes No N/A X
6. For any acquisition of property interest in runway
protection zones and areas related to FAR Part 77 surfaces,
property interest (was) (will be) obtained for the right of
flight and right of ingress and egress to remove obstructions.
Interest -(was) (will be) obtained for the right to restrict the
establishment of future obstructions.
Yes No N/A X
7. Appraisals (include) (Yb��) valuation data to
estimate the current market value for the property interest
acquired on each parcel and (were) TXIW UXTY&) prepared by
qualified real estate appraisers hired by the sponsor. An
opportunity (was) (xzb3LLxxsat provided the property owner or
representative to accompany appraisers during inspections.
Yes X No N/A
S. Each appraisal (has been) (xzXMW) reviewed by a qualified
review appraiser to recommend an amount for the offer of just
compensation. The written appraisals and review appraisal are
available to FAA for review.
Yes X No N/A
9. A written offer to acquire each parcel (was) (XAMUM)
presented to the property owner for not less than the approved
amount of just compensation.
Yes X No N/A
•10. Effort (was) (xeadcMAYAX made to acquire each property throucr.
negotiation with no coercive action to induce agreement. If
negotiation. (was) (xXkX�) successful, project files (contain)
( ) supporting documents for settlements.
Yes X No N/A
11. If a negotiated settlement is not reached, condemnation
(was) (will be) initiated and a court deposit not less than the
just compensation (was) (will be) made prior to possession of the
property. Project files (contain) (will contain) supporting
documents for awards.
Yes No NIA X
12. If displacement of persons, businesses, farm operations, or
nonprofit organizations is involved, a relocation assistance
program (was) (will be) established. Displaced persons
(received) (will receive) general information on the relocation
program in writing, notice of relocation eligibility, and a 90-
day notice to vacate.
Yes No N/A -X
13. Relocation assistance services, comparable replacement
housing, and payment of necessary relocation expenses•(were)
(will be) provided within a reasonable time period for each
Page 2 of 3
•
displaced occupant in accordance with the Uniform Act.
Yes No N/A x
I certify that, for the project identified herein, the responses •
to the forgoing items are correct as marked, and that the
attachments, if any, are correct and complete.
Signed: Dated:
Sponsor's Authorized Representative
Typed Name and Title of Sponsor's Representative
(Mayor)
•
Page 3 of 3 •
•
11
C_J
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON*
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D- DOVE
RICHARD G. McGEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT D. ARNOLD
'ALSO ADMITTED IN TEXAS AND NEW YORK
January 6, 1995
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350 -2563
(612) $87 -7575
FAX (612) 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
Mr. Gary D. Plotz
City Administrator
City Center
111 Hassan Street Southeast
Hutchinson, MN 55350
RE: Our File No.: 3188 -94283
Alexander Encroachment
JAN 12 1995
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (61 2) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 3832214
FAX (612) 389 -5506
Dear Gary:
Enclosed please find a franchise and agreement for council approval
in connection with the above - entitled matter.
Thank you. Best personal regards.
Very truly yours,
& r/OVE, P.L.L.P
G. -Barry Anderson
GBA:dfp
Enclosures
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'
STEVEN A. ANDERSCN
G. BARRY ANDERSON'
STEVEN 5, HOGE
LAURA K. FRETLANC
DAVID A. SRUEGGEMANN
PAUL D. COVE"
RICHARD G. M<GEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT C. ARNOLD
Ai'.Pa41'bIEYS ASP N11 "'5
ARNOLD. ANDERSON & DOVE
FROFESSICwAL LIMITED LIABILITY PAFTNERSr IP
ATTORNEYS AT LAW
101 PARK PLACE
- UTCHINSON, MINNESOTA 55350 -2563
(612) 5e7 -7575
FAX 16121 587 -4096
RESIDENT ATTORNEY
G. BARRY ANDERSON
Mr. and Mrs. Todd Alexander
995 Jefferson Street
Hutchinson, MN 55350
RE: Our File No.: 3188 -94283
Dear Mr. and Mrs. Alexander:
CF CCI.NSEL
RAYMGND C, LALL'ER
_ANE VAN VILKENB,IRG
5c El CEDAR LAKE RCAD
MINNEAPDLIC, MINNESCTA 55416
6. 2. 545 -90CC
FAX 16'.2% 545 -1793
-CI SOUTH FCURTH STREET
PRINCETON. M.NNESC-A 55371
X6.2. 3E? -2214
FAX 16 2 3B9 -SSCB
At the request of Mike Schall at First Federal and at the request
of the City of Hutchinson, whom we represent, our office has
prepared an agreement for your signature along with a franchise
which will be granted by the City of Hutchinson.
These documents are fairly straight forward and simply memorialize
the present situation which is that the encroachment that is
located on the premises will be allowed to remain and you will
neither be recuired to pay any compensation nor remove the
encroachment. Please note the language regarding the destruction
of the property such that if that unlikely event were to occur the
hcme would need to rebuilt off of the easement.
I'm pleased that we are able to resolve this matter. If you could
sicn this agreement before a notary public, or drop by our office
ar-d execute the original that we have in our possessicn (we do have
a notary available here), we will arrange for signatures on the
part of the City of Hutchinson.
If you have any questions in connection with the fore-acing, please
advise. Thank you.
Very trucderscn
ARIN0LD, D P. -L.P
G. Ba
GBA:dfp
CC: Gary Plotz
'CERTIFIEC AS A C1e _ TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSCCIATICN
"CERTIFIED AS A REAL F- OPEPTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSCC,:- ON
CJ
��
ii •
q�l_r
0 AGREEMENT
THIS AGREEMENT is made and entered into this day of
January, 1995, by and between Todd T. Alexander and Sue M.
Alexander ( "Alexander ") husband and wife, as joint tenants, and the
City of Hutchinson, a Minnesota municipal corporation, ( "City ") .
RECITALS
1. Alexander is the owner of certain real estate located
within McLeod county legally described as follows:
Lot Six (6) of "Lot "G" Subdivision"
2. The city holds certain easements for the benefit of
residents of the City of Hutchinson including but not limited to
storms sewer, sanitary sewer, electrical and other municipal
easements.
3. The home constructed on the property described above
encroaches upon easement granted to the City of Hutchinson as is
more fully shown by certificate of survey attached hereto, marked
as Exhibit A, and incorporated as if fully set out herein.
4. Since the encroachment is minimal the city is willing to
allow the structure to remain subject to the terms and conditions
of this agreement.
5. The parties hereto desire to reduce their agreement to
writing.
NOW THEREFORE, for one dollar and other good and valuable
consideration including but not limited to the mutual promises set
forth herein, the parties do agree as follows:
1. Grant of Franchise. Subject to the terms and conditions
of the ordinance awarding a franchise, the city agrees to grant to
Alexander a franchise allowing the home located at 995 Jefferson
Street to encroach upon existing right of way as shown on the
certificate of survey attached hereto, marked as Exhibit A and
incorporated as fully set out herein.
2.. Transfers of Agreement. This agreement shall run with
the land and show the inure into the parties, their successors and
assigns.
3. Limitations. Alexander agrees that no additional
encroachments shall occur relative to municipal right of way and
this agreement shall expire and be of no further force or affect if
the encroachment is removed or the home destroyed. The city agrees
that if the structure is partially damaged and amount not exceeding
• Fifty percent (50 %) of the then assessed value of the home, the
property may be reconstructed or rebuilt as if the destruction had
9 -01-
not occurred and this agreement shall remain in full force and
effect. .
4. Term. This agreement is subject to the provisions of
Chapter 10 of the Hutchinson city charter as adopted by the City of
Hutchinson on November 3, 1987, and shall expire 20 years from the
date hereof unless otherwise renewed or amended by the parties
hereto.
5. Additional Grant of Easement. To the extent the
encroachment upon the city right of way requires the city to enter
Alexander's property as described above to maintain, construct or
improve utilities or to perform other municipal services, Alexander
grants permission to the city to enter upon the lands described
above provided, however, tt at the city agrees to give 24 hours
notice of any need to enter and a(?rees not to destroy or otherwise
alter Alexander's property without Alexander's expressed written
consent to the same.
Dated:
City of Hutchinson
Todd T. Alexan
by:
Sue M. Alexander Marlin Torgerson, Mayor
Attest:
Gary D. Plotz, City Administrator
The foregoing was acknowledged before me this day of
1995, by Marlin Torgerson and Gary D. Plotz,
the Mayor and City Administrator of the •City of Hutchinson, a
Municipal Corporation under the laws of the State of Minnesota, on
behalf of the Municipal Corporation.
Signature of Person Taking Acknowledgment
The foregoing instrument_ was acknowledged before me this _
day of , 1995, by Todd T. Alexander and Sue M.
Alexander, Husband and Wife.
Signature of Person Taking Acknowledgment
This instrument was drafted by Arnold, Anderson & Dove, •
p.l.l.p, 101 Park Place, Hutchinson, Minnesota, 55350.
,J
ORDINANCE NO. 95 -135 SECOND SERIES
PUBLICATION NO.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING A
FRANCHISE PURSUANT TO CHAPTER 10 OF THE HUTCHINSON CITY CHARTER AND
ADOPTED, BY REFERENCE, CITY CODE CHAPTER ONE (1) AND SECTION 2.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY OF
HUTCHINSON ORDINANCES:
Section 1. It is in the best interest of the City of
Hutchinson to grant a franchise to Todd T. Alexander and Sue M.
Alexander, who are the.fe: s "a^?rs -f cer:ain real estate legally
described as follows:
Lot Six (6) of "Lot "Gn Subdivision"
Section 2. Said franchise is necessary and in the public
interest because the home located on the above - described real
estate minimally encroaches upon a utility easement granted to the
City of Hutchinson and to require the Alexanders to remove the
40 encroachment would be.und iy-burdensome and an unnecessary expense.
Section 3. The parties -hereto have entered in to an agreement
setting out the terms and conditions under which the franchise at
issue will be granted to Alexander and a true and correct copy of
the agreement is attached hereto, marked as Exhibit A and
incorporated by reference and is available for inspection during
normal business hours at the off -ice of the City Administrator at
the city center, 111 Habsan'•=Street Southeast, Hutchinson,
Minnesota. x�
Section 4. The C ?ty of Hutchinson does hereby grant a
franchise to Todd T. Alexander and Sue M. Alexander pursuant to the
terms and conditions of the agreement between the parties and
further subject to the provisions of the city charter including but
no limited to Chapter 10 of the city charter which limits any
franchise to a term not to e_ceed 20 years.
Secti
Provisions
Including
"Violation
• reference,
:)n 5. City code chzTpter one (1)
and Definitions Applicable to the
Penalty for Violation" and Secti
a Misdemeanor" are hereby adopted in
as though repeatedr°uerbatim herein.
1_
entitled "General
Entire City Code
on 2.99 entitled
their entirety, by
9 -�s%
Section 6. This ordinance shall take affect upon adoption and
publication.
Adopted by this city council this day of January, 1995.
Marlin Torgerson, Mayor
Attest:
Gary D. Plotz, City Administrator
0
.I L
2 0
HUTCHINSON ENGINEERING /PUBLIC WORKS DEPARTMENT
• Hutchinson City Center / I I I Hassan Street SE / Hutchinson, Minnesota 55350 -2522 / Phone (612) 234 -4209 / FAX (612) 234 -4240
ENGINEER'S REPORT ON IMPROVEMENT
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering/Public Works
DATE: January 17, 1995
PROTECT: Letting No. 9/1995 Paving Improvements
■ This project includes the following Projects:
95 -13 Municipal Parking Lots A, B and at Old City Hall Site
Includes bituminous overlay of Parking Lot A; grading, gravel base, storm sewer
tiling and repair, concrete curb and gutter, bituminous surfacing and landscaping
of existing Parking Lot B and at Old City Hall Site
The cost of the projects is proposed to bonded costs to the City, except for the lot
at the Old City Hall site which is in the municipal parking lot district.
95 -14 Campbell Court
95 -15 Schmidtbauers Fourth Addition -Phase 2 (Orchard Avenue and Elk Drive)
Includes bituminous wear course construction
All costs assessed to benef tting properties per Subdivision Agreement
95 -18 School Road /S. Grade Road Intersection
Includes work to align City and County projects at intersection, including grading,
gravel base, storm sewer, concrete curb and gutter, bituminous base and wear
course and restoration
Costs proposed to be City bonded expense.
95 -19 Hunters Ridge Sidewalk/Pedestrian Path
Includes grading and gravel base for future pedestrian path along north side of 8th
Avenue. Project needed now to allow for settlement, and to fit in with proposed
housing construction.
Costs proposed to be City bonded expense.
95 -20 Sunset Street (Adjacent to Century Courtfirom Cleveland Avenue to Century Avenue)
Includes grading, gravel base, concrete curb and gutter, storm sewer and
• bituminous base and wear course
All costs proposed to be assessed to developer per Subdivision Agreement
Engineer's RepordLetting No. 911995
January 17, 1995 -Page 2
I have reviewed the above referenced projects and find that the proposed projects are feasible, .
and recommend that they be constructed. If acceptable to the Council, I recommend that the
hearing be held on Tuesday, February 14, 1995 at 8:00 p.m. at the Hutchinson City Center
Council Chambers.
Please see the attached sheet for individual cost breakdowns of each project.
Estimated Project Costs
Construction Cost $ 236,000
Engineering/Administration Expense (16 %) $ 37.800
Fiscal/Legal /Capitalized Interest Expense (8 %) $ 18,850
ESTIMATED TOTAL PROJECT COST
$
292.650
Assessable Cost
$
51,800
Deferred Assessable Cost
$
32,250
City: Bonded
$
144,600
City: Other Funds
S
60.000
Municipal State Aid (MSA)
$
CIA
Other:
$
NA
•
ESTIMATED TOTAL PROJECT COST
$ 292,650
cc: Cal Rice -Engineering Department
Ken Merrill - Finance Director
file: 1-9/95 -13, 14, 15, 18, 19. 20
C J
L *er's RepartlLerting Nn. 911995 • •
January l7, 1995 - Page 3
ESTIMATED PROJECT COST
95 -13
95 -14
95 -15
95 -18
95 -19
95 -20
TOTAL
Construction Cost
$115,000
$
6,000
$
13,000
$
40,000
$
10,000
$
52,000
$236,000
Engineering /Admin.
$ 18,400
$
950
$
2,100
$
6,400
$
1,600
$
8,350
$ 37,800
Fiscal /Legal /Cap. Interest
$_ 9,200
$
450
$
1,050
$
3,200
$
800
$
4,150
$18,850
ESTIMATED TOTAL
$142,600
$
7,400
$
16,150
$
49,600
$
12,400
$
64,500
$292,650
Assessable Cost
$
7,400
$
16,150
$
32,250
$ 5.'1,800
Deferred Assessable Cost
$
32,250
$ 32,250
City: Bonded
$ 82,600
$
49,600
$
12,400
$144,600
City: Other Funds
$ 60,000
$ 60,000
Municipal State Aid (MSA)
Other:
ESTIMATED TOTAL
$142,600
$
7, 400
$
16,150
$
49,600
$
12,400
$
64,500
$292,650
0 RESOLUTION NO. 10389
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO. 9
PROJECT NO. 95- 13/95- 14/95- 15/95 - 18/95- 19/95 -20
WHEREAS, it is proposed to improve:
Project No.95 -13 Municipal Parking Lots A, B and at Old City Hall Site by construction of bituminous overlay
and appurtenances of Parking Lot A; grading, gravel base, storm sewer tiling and repair; concrete
curb and gutter, bituminous surfacing and landscaping and appurtenances of existing Parking Lot
B and at Old City Hall Site.
Project No. 95 -14 Campbell Court by construction of bituminous wear course construction and appurtenances.
Project No. 95 -15 Schmidtbauers Fourth Addition - Phase 2 (Orchard Avenue and Elk Drive) by construction
of bituminous wear course construction and appurtenances.
Project No. 95 -18 School Road /South Grade Road Intersection by construction of grading, gravel base, storm
sewer, concrete curb and gutter, bituminous base and wear course and restoration and
appurtenances.
Project No. 95 -19 Hunters Ridge Sidewalk/Pedestrian Path by construction of grading and gravel base and
appurtenances for future pedestrian path along north side of 8th Avenue.
• Project No. 95 -20 Sunset Street Adjacent to Century Court from Cleveland Avenue to Century Avenue by
construction of grading, gravel base, concrete curb and gutter, storm sewer and bituminous base
and wear course 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 24th day of January, 1995.
Mayor
0 City Administrator
9-1)-
RESOLUTION NO. 10390
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT ,
LETTING NO. 9
PROJECT NO. 95- 13/95- 14/95- 15/95- 18/95. 19/95 -20
WHEREAS, pursuant to a resolution of the Council adopted January 24, 1995, a report has been prepared
by the Director of Engineering, with reference to the improvement of :
Project No.95 -13 Municipal Parking Lots A, B and at Old City Hall Site by construction of bituminous
overlay and appurtenances of Parking Lot A; grading, gravel base, storm sewer tiling and
repair; concrete curb and gutter, bituminous surfacing and landscaping and appurtenances
of existing Parking Lot B and at Old City Hall Site.
Project No. 95 -14 Campbell Court by construction of bituminous wear course construction and
appurtenances.
Project No. 95 -15 Schmidtbauers Fourth Addition - Phase 2 (Orchard Avenue and Elk Drive) by
construction of bituminous wear course construction and appurtenances.
Project No. 95 -18 School Road /South Grade Road Intersection by construction of grading, gravel base,
storm sewer, concrete curb and gutter, bituminous base and wear course and restoration
and appurtenances.
Project No. 95 -19 Hunters Ridge Sidewalk/Pedestrian Path by construction of grading and gravel base and
appurtenances for future pedestrian path along north side of 8th Avenue. •
Project No. 95 -20 Sunset Street Adjacent to Century Court from Cleveland Avenue to Century- Avenue by
construction of grading, gravel base, concrete curb and gutter, storm sewer and
bituminous base and wear course and appurtenances.
Said report was received by the Council on January 24, 1995
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 $292,650.00.
2. A public hearing shall be held on such proposed improvements on the 14th day of February, 1995, in
the Council Chambers of the Hutchinson City Center 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 24th day of January, 1995.
Mayor
City Administrator
6� _P
I�
HUTCIIINSON ENGINEERING /PUBLIC WORKS DEPARTMENT
Hutchinson City Center / I I I Hassan Street SE / Hutchinson, Minnesota 55350 -2522 / Phone (612) 234 -4209 / FAX (612) 234 -4240
MEMORANDUM
TO: Mayor and City Council
FROM: John P. Rodeberg, Director of Engineering /Public Works
DATE: January 17, 1995
SUBJECT: Discussion of South Grade Road Improvement and Federal Funding
Letting No. 14/Project No. 95 -22
■ The above referenced project (TH 15 to Dale Street) was originally proposed for
1992 but was delayed due to the loss of federal funding. The project was
rescheduled for federal funding for 1998. However, due to additional federal
funds becoming available, combined with the fact that the State Project
Memorandum, and plans and specifications, were completed we may able to
activate this project again.
• The estimated costs for the project are as follows:
Construction Cost $ 600,000
Expenses S 160,000
Estimated Project Cost $ 760,000
Assessable Cost $120,000
Federal Share of Costs $560,000
City: Bonded Expense $ 80,000
This project has been prioritized by the Mn/DOT District 8 ATP (Area
Transportation Partnership) for funding this year. We should receive verification
from the State within the next month whether or not this funding will be available.
Based on the need for the project, and the proportionally significant federal share
of the project, I strongly recommend proceeding with the project if this funding
becomes available.
Please note that Bolton & Menk Engineers have been contracted for this project.
cc: Cal Rice, Engineering Department
file: L14/95 -22
i
—Cr
A U R L E M E N "f
This agreement made and entered into this Ist day of January, 1994 by and between the
• City of Hutchinson, McLeod County, Minnesota as party of the first part, and the Village of
Biscay, McLeod County, State of Minnesota, as party of the second part.
WITNESSETH: That the said party of the second part herein contained hereby agrees to furnish
fire protection to the party of the second part such fire protection to be furnished by the
Hutchinson Fire Department and with such equipment as available, the same to be furnished when
requested by the party of the second part or any of the residents in the township or village located
withinanareadescribedasfollows ,to -wit: village of Biscay
The party of the second part is and for consideration herein, does hereby agree to pay onto the
City of Hutchinson an amount equal to that certain mill rate (Said annual mill rate to be
established by agreement, with all governmental costs presiding in the City of Hutchinson rural
fire protecting district.) times the assessed evaluation of the area covered by this agreement. The
said amount payable by party of the second part to party of the first part under this agreement
shall be due on the first day of July of each and every year that this agreement is in effect. In
addition thereto, party of the second part agrees to pay onto party of the first part their pro rata
assessable share of that certain rural fire pumper, said amounts to be paid at such times as
delivery of said equipment is made to party of the first part.
• It is agreed by and between the parties hereto that this agreement shall be effective as of January
1, 1994 , for the calendar year, 1994 and shall continue in force and effect for Ten (10)
years, renewable annually on the first day of each year hereafter, unless canceled by either party
upon 30 days written notice of such intention of cancellation.
CITY OF HUTCHINSON
BY
MAYOR
BY O
CIT�ADMIN[ RATOR
FIRE CHIEF
BY PD ULl/1t2 �) / "/.
CHAIRMAN
BY Ln
CLERK
s
OPEN -HOLD COUNCIL REPORT Tue Jan 24 1995 13:20:15
Page 1
-----------------------------------------------------------------------------
1980 TIDS
• FIRST TRUST INTEREST $80,487.50
$80,487.50
1987 IMPROV. BDS
AM.NATIONAL BANK
1989 IMPROV. BDS
AM.NATIONAL BANK
1993 IMPRO.CON B
HUTCHINSON UTILITIES
1994 IMPRO CONST
• TKDA
1994 T I CONST.
PAYING AGENT FEES $200.50
$200.50
INTEREST $148,250.00
$148,250.00
1993 ST LIGHT PROJECT $2,700.00
$2,700.00
PROF SERV -NE TAXIWAY
PRINCE OF PEACE SENIOR APT. IN DEED TAX
AIRPORT RENOVAT.
ARNOLD & MCDOWELL
MCLEOD COOP POWER
:_
HARPEL BROS.INC
HUTCH COOP CENEX
JERRYS TRANSMISSION
MTI DIST.CO
STATE OF MINNESOTA
UNIVERSITY OF MN
• ZIEGLER INC
PROF SERVICE
RELOCATION WORK
SWITCH
TIRES
END COVER KIT, GASKETS
PARTS
18 DECALS
REG- D.MEIER
BOLTS, NUTS
$89.92
$89.92
$225.00
$89,000.00
$89,225.00
$53.86
$222.35
$218.29
$732.44
$72.00
$50.00
$118.58
$1,467.52
CITY HALL CONST.
11 - -1-4 /
v
ROD PORTELE ELECTRIC HEAT FOR HCVN $555.55
$555.55
ENERGY LOAN FD
•
OPEN -HOLD COUNCIL REPORT Tue Jan 24 1995 13:20:15
Page 2
WESTLUND &, PEARL TRASH REMOVAL -DEC $69.33
$69.33
FIRE HALL DS
AM.NATIONAL BANK INTEREST $81,468.75
$81,468.75
GENERAL FUND
A & B ELECTRIC
REMOVE & REPLACE LIGHT
$615.00
AAGARD WEST
JAN TRASH
$616.93
ALLEN OFFICE PROD
RECEIPT BOOK
$35.58
AM RISK SERVICES
JAN SERVICES
$800.00
ARNOLD & MCDOWELL
PROF SERVICE
$1,652.71
BALDWIN SUPPLY CO
3 CONTACT KITS
$159.20
• BECKER ARENA PRODUCTS
EDGER BLADE
$53.49
BEHRENS, JOAN
SR. TOUR REFUND
$12.00
BENNETT OFFICE SUP.
REPAIR FAX
$448.08
BOELTER, GALE
SAFETY GLASSES
$66.76
BRINKMAN STUDIO
EKTACHROME FILM
$58.00
BUSINESSWARE SOLUTIONS
SUPPLIES
$2,014.03
BUYTAERT, PATTY
SKATING COSTUMES 191 @2
$4,584.00
CADD /ENGINEERING SUPPLY
METRIC TAPE
$84.94
CARQUEST AUTO PARTS
SOCKET
$38.55
CENTRAL GARAGE
DEC REPAIRS
$12,745.17
CENTRAL LEISURE SERVICES ASSC
2 REG- D.MOON,J.MCRAITH
$120.00
CHAMBER OF COMMERCE
QUALITY COUNCIL
$32.00
CHAMPION AUTO
FLOOR MATS
$27,67
CLAREYS SAFETY EQUIP
3 HOSE COUPLING ASSY
$221.15
COAST TO COAST
KEYS
$82.42
COMSTOCK DAVIS INC
PROF SERV -NOV & DEC
$250.00
CULLIGAN WATER COND
4 BAGS SALT
$25,99
CURTIS INDUSTRIES
WIRE TIES, CAULK GUN
$61.07
DEPT NATURAL RESOURCES
DNR REG FEES
$420.00
DEPT OF LABOR & INDUSTRY
RENEWAL- P.FORCIER
$10.00
EGGHEAD SOFTWARE
WINDOWS
$59.19
LECTRIC MOTOR CO
�
REPAIR PUMP
$30.00
ELECTRO WATCHMAN
ANNUAL POLICE CHARGE 1
$255.60
EVERGREEN APARTMENTS
SPRINKLER SYSTEM SHARE
$106.82
FAMILY REXALL DRUG
FASTENERS
$29.09
FESTIVAL FOODS
GOV FINANCE OFFICERS ASSC
GREAT PLAINS SUPPLY
HAGER JEWELRY
HAWKER, STEVE
•HCVN -TV
HEIL, ARNOLD & KAY
HEIMAN FIRE EQUIPMENT
HENSEN, MARK
HILLYARD FLOOR CARE / HUTCHINSON
HOLLAND COMMUNICATIONS
HUHN, LARRY
HUTCH CAFE
GROCERIES
SUBSCRIPTION FEE
LUMBER
LOCKER PLATE
BASKETBALL OFFICIAL
CABLE FRANCHISE
SR. TOUR REFUND
12 SCOTT CYLINDERS
CONFERENCE EXPENSES
SUPPLIES
GROUNDSKEEPING BOOK
BOOK
WORKSHOP MEALS
OPEN -HOLD COUNCIL REPORT Tue Jan 24 1995 13:20:15
$11.56
$75.00
$123.97
$33.30
$108.00
$750.00
$24.00
$8,479.00
$159.84
$12.06
$37.91
$257.73
$253.50
Page 3
HUTCH COOP CENEX
DEC FUEL
$3,387.67
HUTCH FIRE & SAFETY
INSPECTIONS
$54.83
HUTCH IRON & METAL
ANGLE & FLAT IRON
$12.78
HUTCH PLBG & HTG CO
T -STATS REPLACED
$90.00
HUTCHINSON UTILITIES
ELEC SERV TO ELK PARK
$22,775.43
HUTCHINSON WHOLESALE
COMPRESSOR
$796.35
IAFC
MEMBERSHIP- B.EMANS
$105.00
•INK SPOTS
COLORED PAPER
$36.61
JENSEN &, NEIL J.
FED PAYMENT
$230.00
JOPP, MICHELLE
KAROKE RENTAL
$130.00
K MART
MICROCASSETTES
$37.05
L & P SUPPLY CO
SUPPLIES
$71.10
LEAGUE OF MN CITIES
1995 DIRECTORY
$176.40
LIEPOLD, LORI
SKATING REFUND
$13.00
LOGIS
DATA PROC EQUIPMENT RE
$5,896.09
MARKA, JAMES
CONFERENCE EXPENSES
$176.77
MCGARVEY COFFEE INC
COFFEE
$169.65
MCLEOD COUNTY TREASURER
RESCUE SLED
$20.00
MCOA
1995 DUES
$25.00
MED- COMPASS
ANNUAL MED EXAMS
$1,612.50
MEEKER COUNTY TREASURER
RECORDING FEE NOTARY C
$50.00
MEMINDEX
WALL PLANNERS
$133.37
METRO ATHLETIC SUPPLY
FOOTBALL HELMETS,S SHD
$1,354.30
MIDWEST MACHINERY
PROBE
$13.31
MIKESH, MARCELL
SR. TOUR REFUND
$12.00
MN D.A.R.E. OFFICERS ASSOC
1995 DUES
$25.00
MN MUNICIPAL BOARD
225.95 ACRES ANNEX
$600.00
MN STATE FIRE CHIEFS ASSC
1995 DUES
$115.00
MN STATE FIRE DEPT ASSC
1995 DUES
$200.00
• MN TRANSPORTATION ALLIANCE
1995 DUES
$142.00
MODERN FARM
KEYED ALIKE LOCKS
$41.90
MOTOROLA INC
RADIO REPAIR
$46.60
MRPA
JOHN ARLT REG FEES
$35.00
NO STATES SUPPLY INC
PLOTZ, GARY D.
PRAIRIE HYDRAULICS
QUADE ELECTRIC
RIDER BENNETT EGAN & ARUNDEL
ROWEKAMP ASSOC
• SCOTT & BOB'S TIRE
SHARE CORP
SHOPKO
ST. PAUL STAMP WORKS
STANDARD PRINTING
TEPLY, TODD
TKDA
TWO WAY COMM INC
UNITED BLDG CENTERS
UNIVERSITY OF MN
US POSTAL SERVICE
VIKING COCA COLA
WAL -MART
WEST PUBLISHING CO
YUKEL, GLADYS
SUPPLIES
$167.84
WORKSHOP DINNERS
$31.57
6 SIGHT PLUGS
$44.66
SERVICE LIGHT ON BLDG
$189.70
PROF SERV- DECEMBER
$102.58
ARC VIEW 1,2
$324.83
ZAMBONI REPAIR
$144.00
SUPPLIES
$322.75
DOOR STOPS
$24.55
NAMEPINS
$184.05
RIBBONS, PENCIL, ETC
$23.73
DJ SHOW 1 -20 -95
$375.00
PROF SERVICES -PHASE II
$123.48
3 PAGERS
$1,246.83
DECK SCREWS
$24.65
REG- J.RODEBERG
$145.00
NEWSLETTER POSTAGE
$285.00
POP
$76.50
CLOCK, BATTERIES
$12.73
MN ST AN 95PP
$350.00
SR. TOUR REFUND
$12.00
OPEN -HOLD COUNCIL REPORT Tue Jan 24 1995 13:20:15
Page 4
• ----------------------------------------------------------------- -- - --
ZEE MEDICAL SERV WIPES, SOOTHE AID PAD $28.11
$78,865.58
INSURANCE FUNDS
HUTCH COMM HOSPITAL
LIQUOR STORE
BENNETT OFFICE SUP.
CITY OF HUTCHINSON
ED PHILLIPS & SONS CO.
GRIGGS COOPER & CO
HUTCHINSON UTILITIES
JOHNSON BROTHERS LIQUOR
LENNEMAN BEVERAGE DIST.
LOCHER BROS INC
LUNDHOLM, LORI
QUALITY WINE & SPIRITS
TELE CORP
• TRIPLE G DISTRIBUTING INC
CO.
INC
CO
PAYROLL FUND
4 MAMMOGRAMS $1,275.00
$1,275.00
OPER SUPPLIES
$78,00
WATER & SEWER
$105.23
BEER PURCHASE
$1,232.15
JAN WINE PURCHASE
$1,285.94
UTILITIES
$821.93
LIQ PURCHASE
$5,451.59
CASE DEPOSITS
$6,198.75
DEP REFUND
$11,941.90
JAN SERVICE
$42.60
LIQ PURCHASE
$3,197.24
LIQ PUR
$199.50
COST OF SALES -BEER
$15,757.10
$46,311.93
AETNA VARIABLE LIFE ASS
AMERICAN FAMILY INS CO.
GREAT WEST LIFE INS. CO
H.R.L.A.P.R.
ICMA RETIREMENT TRUST
•PERA LIFE INS CO.
PERA- D.C.P.
PRUDENTIAL
PRUDENTIAL MUTUAL FUNDS
PUBLIC EMPLOYEES
TEMPLETON INC
WADELL & REED
WITHHOLDING TAX ACCT
RURAL F. D.
BRODD, JIM
COUNTRY FRAMING
EMANS, BRAD
FORCIER, GARY
HOESCHENS, DUANE
HOMAN, ED
HUTCH COOP CENEX
HUTCHINSON WHOLESALE
POPP, JIM
PRECHT, BRUCE
• REDMAN, RANDY
CO. ACCURED DEFERRED COMP.
AFIC
BREAT W
HRLAPR
ICMA
PERA -LIFE
DUE TO OTHER -PERA
ACCURED DEFERRED COMP.
PRUD M
DUE TO OTHER -PERA
TEMPLE
WADELL
EMPLOYEE C FED TAX
RURAL MILEAGE
FRAMING
RURAL MILEAGE
RURAL MILEAGE
RURAL MILEAGE
RURAL MILEAGE
DEC FUEL
SUPPLIES
RURAL MILEAGE
RURAL MILEAGE
RURAL MILEAGE
OPEN -HOLD COUNCIL REPORT Tue Jan 24 1995 13:20:15
$655.00
$135.10
$100.00
$140.82
$1,557.45
$124.50
$52.02
$140.00
$318.46
$12,975.17
$438.85
$150.00
$30,503.05
$47,290.42
$40.50
$22.17
$24.50
$10.50
$13.50
$9.00
$77.43
$14.87
$15.50
$13.50
$15.50
Page 5
SCHRAMM, STEVE RURAL MILEAGE $34.75
$291.72
WATER /SEWER FUND
AAGARD WEST
ABLE HOSE & RUBBER INC
ABM EQUIPMENT
AM.NATIONAL BANK
AM.WATER WORKS ASSN
ARNOLD & MCDOWELL
BENNETT OFFICE SUP.
BOUSTEAD ELECTRIC & MFG
CENTRAL GARAGE
• CROW CHEMICAL CO
CURTIN SCIENTIFIC CO
D & A TRUCK LINE INC
D.P.C.IND.INC
CHANGINH FEES GARBAGE
$761.48
HOSES
$279.71
BALL BALVE
$150.67
PAYING AGENT FEES
$224.00
1995 DUES
$95.00
PROF SERVICE
$265.20
MOUSE PAD
$105.11
REPAIR SERV BOARD
$84.97
DEC REPAIRS
$534.53
TISSUE, TOWELS, CLEANE
$89.06
POLYSTOP
$33.50
FREIGHT
$28.00
CL2, SO2
$108.00
•+ • `
PAYROLL FUND,
MN DEPT OF REVENUE E74PLOYEE CONTRIBUTIONS 5,924.97
1990 Hospital BONDS
DEPOSITORY TRUST PRINCIPAL 60,000.00
DEPOSITORY TRUST INTEREST 248,705.63
1990 II4PROVEMENT BONDS
DEPOSITORY TRUST PRINCIPAL & INTEREST 251,337.50
mummoa
DEPOSITORY TRUST PRINCIPAL & INTEREST 169,102.50
1992 REFUNDING IMPROV BONDS
DEPOSITORY TRUST PRINCIPAL & INTEREST 310,500.00
• 1992 IMPROVEDE NT BONDS
DEPOSITORY TRUST PRINCIPAL & INTEREST
213,826.25
DEPT NATURAL RESOURCES
PERMIT #680209
$3,262.50
DEPT OF LABOR & INDUSTRY
EXEMPTION
$10.00
GOPHER STATE INC
DEC SERVICE
$24.50
HAMILTON CASTER & MFG CO.
HARDWARE
$103.24
HILLYARD FLOOR CAREMUTCHINSON
SUPPLIES
$429.43
•HUTCH
COOP CENEX
HUTCH MEDICAL
DEC FUEL
$888.50
CENTER
D.SMOGER
$15.00
HUTCHINSON UTILITIES
GAS & ELEC
$17,484.35
INFRATECH
BIOSYSTEMS
$107.03
JUUL CONTRACTING CO
REPAIR VALVE BOX
$246.00
LOGIS
DATA PROC EQUIPMENT RE
$3,945.65
MINNCOMM PAGING
SUPPLIES
$207.58
MN PIPE & EQUIPMENT
CHIMNEY SEAL
$151.23
MN SECTION CSWPCA
REG- R.DEVRIES
$60.00
MN VALLEY TESTING LAB
COLIFORM
$10.00
MORNINGSIDE DEVELOPMENT
WATER METER SIZE DIFFE
$120.00
MVTL LABORATORIES
OTHER CONTRACTUAL
$174.00
MWOA
7 MEMBERSHIPS
$129.50
SANIFILL INC
LOADS -JAN 2 -6
$3,672.60
SERV -O -CAL
RECORDER CHARTS
$102.14
SIOUX STEAM CLEANER CORP
PLUNGER STACK
$100.39
STANDARD PRINTING
CALENDARS
$9.59
TWO WAY COMM INC
MOTOROLA PAGER
$292,88
VALLEY VISTA LIMITED PARTNERSH
LETTER DEC 1
$21,812.12
WATERPRO
ECR REGISTER, ETC
$3,368.02
$59,485.48
•
$638,892.20
•+ • `
PAYROLL FUND,
MN DEPT OF REVENUE E74PLOYEE CONTRIBUTIONS 5,924.97
1990 Hospital BONDS
DEPOSITORY TRUST PRINCIPAL 60,000.00
DEPOSITORY TRUST INTEREST 248,705.63
1990 II4PROVEMENT BONDS
DEPOSITORY TRUST PRINCIPAL & INTEREST 251,337.50
mummoa
DEPOSITORY TRUST PRINCIPAL & INTEREST 169,102.50
1992 REFUNDING IMPROV BONDS
DEPOSITORY TRUST PRINCIPAL & INTEREST 310,500.00
• 1992 IMPROVEDE NT BONDS
DEPOSITORY TRUST PRINCIPAL & INTEREST
213,826.25
IMMEDIATE PAY COUNCIL REPORT Tue Jan 24 1995 13:06:34
Page 1
-----------------------------------------------------------------------------
1976 IMPRO.BD
• DOSTAL- OLESON OIL CO
POPP ELECTRICAL INC
1983 IMPRO.BDS
COX, AUDREY
EGGERSGLUESS,
FORBES, JOHN
GENERAL FUND
ASSESSMENT REFUND
ASSESSMENT REFUND
ASSESSMENT REFUND
MERLIN ASSESSMENT REFUND
ASSESSMENT REFUND
DEPT NATURAL RESOURCES
MN DEPT OF REVENUE
LIQUOR STORE
CITY OF HUTCHINSON
ED PHILLIPS & SONS CO.
is GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
QUALITY WINE & SPIRITS CO.
WATER /SEWER FUND
MN DEPT OF REVENUE
WIRE TRANSFER
1993 Il.�LDTUMTLN' BOims
DEPOSITORY TRUST
0
DNR REG FEES
SALES TAX
LOTTERY SALES
LIQUOR
MISC
LIQUOR
LIQUOR
SALES TAX
PRINCIPAL & INTEREST
$1,680.06
$3,360.12
$5,040.18
$2,102.94
$1,375.42
$1,441.43
$4,919.79
$687.00
$1,420.00
$2,107.00
$227.00
$8,682.30
$18,571.20
$12,802.05
$3,707.57
$43,990.12
$4,495.00
$4,495.00
$60,552.09
184,673.75
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
• A
ATTORNEYS AT LAW
101 PARK PLACE
DAVID B. ARNOLD' H
HUTCHINSON, MINNESOTA S5350-2563
Mr. Gary D. Plotz
City Administrator
Hutchinson City Center
111 Hassan Street S.E.
Hutchinson, Mn. 55350
Re: General Civil Matters
Our File No. 3188 -87001
Dear Gary:
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
SBBI CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FAX 1612) 389 -5506
JJI! 2 4 1995
FOR YOUR INFORMATION
• The Governor recently asked me to attend the meeting at which he
previewed the budget which will be released this coming Tuesday,
January 24, 1995. There are going to be some announcements in
connection with that budget that are of special interests to
municipalities.
I am passing along this correspondence for the purpose of alerting
you to some of these issues and I think it would be appropriate to
include this correspondence with the packet, as well as perhaps
providing copies to directors as well.
One of the points that was of substantial interest to me is that
the Governor is going to place into effect, and promote, a
mechanism to provide waivers for mandates to municipalities. In
other words, to the extent that a city's spending system is driven
by a state mandate, consideration should be given to whether or not
a request for a waiver would be appropriate. I received a clear
impression that any such requests would be fairly treated in that
the Governor is fully cognizant of the problems created by
mandates.
A second development of note is that the Governor, in his budget
message, is going to propose increasing use of block grants which
can be used by cities, counties and school districts as they see
fit rather than imposing rules from St. Paul. The details of this
program were a little vague, but it does sound like there will be
• some mandated cooperation between the affected governmental
entities.
`CERTIFIED AS A CIVIL TRIAL SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
"CERTIFIED AS A REAL PROPERTY LAW SPECIALIST BY THE MINNESOTA STATE BAR ASSOCIATION
Mr. Gary D. Plotz
January 23, 1995
Page 2
I think the Governor has a long term goal of eliminating local
government aids, but at the same time reducing the expenses that
municipalities are required to fund. Ideally, a governmental
entity should be taxing its residents for the services it provides.
Given the way the Governor's property tax reform message was
received in 1991, I do not expect any dramatic announcements on
that order next week.
One clear theme that will sound throughout the Governor's remarks
and throughout much of the next legislative session, is a call for
greater governmental cooperation. The Governor specifically
mentioned the Hutchinson Area Transportation Facility, and the
governmental entities involved in that transaction, as worthy of
praise and an example of what can be accomplished. I expect that
you will see an increasing call for cooperation between county and
governmental units on road issues, planning issues and, most
particularly, police services.
•
I would be happy to answer any questions that you might have •
regarding this matter. Best personal regards.
Very truly yours,
ARNOLD, ANDERSON /& DO7, P.L.L.P.
. Barry Anderson
GBA:lm
11
0
January 9, 1995
City of Hutchinson
Community ID# MN0078
111 Hassan St. SE
Hutchinson, MN 55350
Dear Sirs;
JAN 12 1995
FOR YOUR INFORMATION
In regards to the recently received Hutchinson
CableVision billing increase for basic service,
an increase from $ 9.10 to $ 13.64 (+ 49%),
I must strenuously object to the blatant and unjustified
increase amount, disguised under "programming costs
increases''. I neither desire nor requested the additional
• channels of FX, Midwest Sports, or America's
Talking. My family's viewing needs are not being
met by arbitrary additions and subsequent additional
charges to my monthly bill. I subscribe to Cable solely
for the reception opportunity for the major networks
and public television. As a "Customer'', I was never
consulted as to whether or not I desired these additional
channels, and thus, cost increases.
In an economy whereby cost of living and inflationary
costs are averaging 3 -5 %, I find in incredulous that
the City of Hutchinson Board would approve of an
outrageous 49% increase in rates.
•
I intend to move towards elimination of Cable
service, and opt for eventual antennae reception
if this rate increase amount stands uncontested.
Jame Dame
721 ady Ridge Road
Hutc inson, MN 55350
dc: MidWest CableVision
i
LJ
•
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON"
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE**
RICHARD G. NI
CATHRYN D. REHER
GINA M, BRANDT
BRETT D. ARNOLD
'ALSO ADMITTED IN TEAS AND NEW YORK
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
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
G. BARRY ANDERSON
January 6, 1995
Re: General matters
Our File No. 3188 -87001
Dear Gary:
TAN 17 1995
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
5661 CEDAR LAKE ROAD
MINNEAPOLIS. MINNESOTA 55416
(612) 545 -9000
FAX (612) 545 -1793
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (612) 389 -5506
FOR YOUR INFORMATION
I am passing along to you for your review, as well as review by the
Council, a copy of the opinion entitled Kroschel vs. The City of
Afton, which was published in Finance & Commerce on December 9,
1994. The significance here is that the Supreme Court has ruled
that the League of Minnesota Cities Insurance Trust has no duty to
defend city officials against a lawsuit otherwise not covered by
the contract of insurance. This is not a particularly
controversial issue but it should be noted that in disputes under
the Open Meeting Law there may be a question as to whether or not
the City will have coverage for defense costs.
I simply pass this opinion along for your review. No action is
required at the present time.
Best regards.
Very u you ,
ARN DER & DOVE, P.L.L.P.
I
G. nderson
GBA:1
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
F'LNA-NCE A.ND COM.ytERCE APPEtLaTE CO[: RTS EDt77ON
SUPREME COURT
FILED DECEMBER 9, 1994 .
STATE OF MINN O
Court of Appeals - ,Pagel.
Jon S. Kroschel, et al.,
Suzanne Flinsch
Harvey C. Aaron, M.D., M.P.H.
3346 South Trading Post Trail
Respondents,
Afton, MN 55001
Nicholas Mucciacciaro,
- Jon Erik Kin -"' d
-
310 South St Croix Trail
Respondent, -
° Lakeland, MN 55043 "
vs.
Clinical C_onsuttations - -_:
The City of Afton,
Pierre N. Regnier - - -
Thomas H. Mc Partin, M.D.
Jardine, Logan &O'Brien --
Respondent,
2100 Piperlaffray Plaza -.
Donald B Miller Jr., M.D.
444 Cedar Street
Clinical Social Worker
SL Paul, MN 55101
The League of Minnesota
Richard B, Allyn
Cities Insurance Trust,
M. Gregory Simpson
petitioner,
Robins, Kaplan, Miller & Ciresi
Donald L Todd, D.C.
800 LaSalle Avenue
Appellant.
Suite 2800 -
•
Mpls, MN 55402 -2015
Filed: Dec. 9, 1994
ORC _ i ,v se, ORC€�
BER 9. 1994
Office of
Appellate Courts
SYLLABUS
1. A suit against city officials alleginga violation of the Minnesota
Open Meeting law, Minn. Stat. 471.705 (1992), is not a claim
covered under the League of Minnesota Cities Insurance Trust
covenant with the City of Afton.
2. The League of Minnesota Cities Insurance Trust has no duty
to defend city officials against a lawsuit which is not a claim covered
under the covenant.
Reversed.
Heard, considered, and decided by the court en bane.
OPINION
PAGE, Justice (Court of Appeals)
The League of Minnesota Cities Insum nce Trust (Trust) -
t The Trust is a joint powers entity created under Minn. Slat. §471.59
W1992) to operate a self- insurance pool for the League of Minnesota Cities.
e cities which make up the league enter into covenants with the Trust
requiring the Trust to defend them in certain litigation. Afton has entered
into such a covenant. - -
appeals from a decision of the court of appeals holding that the Trust
is required to reimburse the mayor and two city council members of
Afton, Minnesota for legal fees they incurred in defending a lawsuit
brought against them under the Minnesota Open Meeting Law. See
Thuma v. Kroschel, 506 N.W.2d 14 (Minn. App. 1993), pet. for
rev, denied (Dec. 14, 1993).
The complaint in Thuma alleged the three officials repeatedly
violated the Open Meeting Law; Minn. Star. § 471.705 (1992);
violated the Uniform Municipal Contracting law, Minn. Stat. §
471.345, subd. 5 (1992), by failing to obtain two bids on a well
drilling contract; and the mayor entered into the well drilling con-
tract without council authorization. The plaintiff in Thuma did not
seek damaees.2
2 The relief sought in Thuma was: (1) the imposition of a 5100 "civil
enaRy" for each vdolation of the Open Meeting Law, pursuant io Minn. Slat.
471.705, subd. 2; (2) a determination that the officials were ineligible to
sit on the Afton City Council; (3) a determination that the
officials violated the Uniform Municipal Contracting Law;
and (4) a detemdnatim that the in or entered into the well
Occupational Medicine
Objective test ng of the extremities,
Harvey C. Aaron, M.D., M.P.H.
t cervical and lumbar spine.
Physical Medicine &
RR habnation for ali
ILI
Rehabilitation
= musculoskeletal iNuries..
_ _
Seth Rosenbaum, M.D.
Functional
Family Practitioner
Capacity Evaluafions;t
KethV.Chlgren,M.D.
Clinical C_onsuttations - -_:
Neurologist;
Medical and Chimpradic "
Thomas H. Mc Partin, M.D.
aril.
�. - 7M,1 Evaluations.'
Orthopaedic Surgeon
PsYch09 of cal Evaluations_.
Donald B Miller Jr., M.D.
:.klmpatrrnent Ratings:'
Clinical Social Worker
Apportionment Determinations.
Jerry Winters, LLC.S. W.
Elecs7odiagnostic Testing (EMG).
Chiropractors
Mark Pappenfus, D.C.
FOR MORE INFORMATION, CONTACT:
Donald L Todd, D.C.
CRAIG Sblethf - Oirector
798_ -0120:
1600 East 78th Street, Richfield, Minnesota 55423
4734 Washington Square, Whhe Bear Lake, Minnesota 55110
AN opinions since 1989 can be faxed. Cal 3334244. 12
drilling contract without authority from the city council
The trial court found one violation of the Open Meet-
ing Law and imposed a $100 civil penalty" on each
official.
- Prior to the Thuma trial, the three officials com-
menced this action against Afton and the Trust seeking
a declaration from the court that the Trust's covenant
with Afton required the Trust to reimburse the officials
for their defense costs in Thuma. The trial court in
granting the.Trust'smotion for summary judgment
held the Trust was not required to reimburse the offi-
cials under the covenant because the Thuma lawsuit
did not involve a oovered claim. - -
The court of appeals reversed, holding the Trust was
required to reimburse the officials for their defense
costs. The court of appeals reasoned the Trust's duty
to defend the officials under the covenant paralleled
Afton's authority to defend the officials under Minn.
StaL § 465.76 (1992). Because we conclude that the.
Trust has no duty to defend the officials, we reverse.
When reviewing a trial court's grant of summary
judgment, we determine "whether there are any
genuine issues of material fact and whether the trial
court erred in its application of the law." Wartnick v.
Moss & Barnett, 490 N.W.2d 108,112 (Minn. 1992).
_ The interpretation of language in an insurance contract
is a question of law. Iowa Kemper Ins. Co. v. Stone,
269 N.W.2d 885, 887 (Minn. 1978). The obligation
to defend is contractual in nature. Prahm v. Rupp
ConsL Co., 277 N.W.2d 389, 390 (Minn. 1979).
•. Ll...:: _Ili', II.L W \Lf:::.:1 :.. . .
... . . r�>t .o re;r, b u;sc
the officials. The officials Claire the Errcr, and Omissions provision
of the covenant entitles them to their defense cos-.q. That provision
limits the Trust's "duty to defend [to] an), suit seeking
damages.' (Emphasis in origi al.). Under the covenant:
S. Damages means money camagesand includesawards for
attorneys fees with respect: to Federal Civil Rights "suits"
and State Human Rights s::its. Damages does not include
any of the ,following:
c. Fines or penalties imposed by !a,. (Emphasis in
original.) -
The Thuma lawsuit sought oriy declaratory relief and the imposi-
tion of a $100 "civil penalty' coder the Open Meeting Law. Thus,
it is clear the Thuma lawsuit was not a "suit' seeking "damages'
and was therefore not a covered claim. It is well- settled that there
is no duty to defend in the zbsence of a covered claim. See, e.g.,
Garsis v. Employers Mut Cas. Co., 497 N.W.2d 254, 258 (Minn.
inn -,3
'We also note that the Trust had no statutory duty to defend the officials.
Because the trial court correctly interpreted the covenant between
the Trust and Afton, we reverse the court of appeals.
Reversed.
STATE OF MINNESOTA
IN SUPREME COURT -
C4 $5 184$
ORDER REGARDING ACCESSIBILITY TO
FIRST JUDICIAL DISTRICT' APPRAISAL, PROJECT
WHEREAS, the First Judicial District, as part of its Total Quality
Management effort, is conducting a personnel appraisal of the
judges of the district ( "Appraisal Project'), which involves survey-
ing court personnel regarding a judge's relationship with
employees, judicial demeanor, time management and communica.
tion skills, and reporting the results of the surrey to the judge; and
�Y FLREAS, personnel records of both the judicial and e\ccm i, e
branches are inaccessible to the public pursuant to Rule 5, sub-
division 1, of the Rules of Public Access to Records of the Judicial
Branch and Minnesota Statutes, section 13.43, respectively; and
WHEREAS, the integrity and success of the Appraisal Project
also requires that the identity of individuals responding to the sunny
be inaccessible to the court personnel being evaluated;
NOW, THEREFORE, pursuant to Rule 5, subdivisions 1 and
13(c), of the Rules of Public Access to Records of the Judicial
Branch, and by virtue of ind under the inherent and statutory
authority of the Minnesota Supreme Court to regulate access to
records maintained by the judicial branch, IT IS HEREBY OR-
DERED that the following provisions apply to information col-
lected, created, received, maintained, or disseminated by the First
Judicial District as part of the Appraisal Project, including question-
naires and reports (collectively referred to herein as "Appraisal
Project Records "): - --
1. Appraisal Project Records shall be inaccessible to the public
and shall not be subject to discovery in any proceeding; provided,
however, that:
a. subject to paragraph 2 of this order, information regarding
an individual being evaluated shall be accessible to that individual;
and -.
b. information that does not identify any of the par.icipants and
from which neither their identities nor any other characteristic that
could uniquely identify any participant is ascertainable, may be
made accessible to court personnel at the discretion of the Chief
Judge of the First Judicial District.
2. Information in Appraisal Project Records identifying any court
personnel responding to the survey or from which the iden1: :y of
any such personnel or any other characteristic that could uniquely
identify any such personnel is ascertainable shall not be disclosed
to any individual being evaluated; provided, however, that this
information maybe disclosed to the Judicial District Administrator
and staff where such disclosure is necessary to cam, out the Ap-
praisal Project as determined by the Chief Judge of the Judicial
District. - -
3. The Chief Judge of the Judicial District shall implement ap-
' propriatesa_ feguards ,includingbutnotlimitedto
destruction of the completed survey response
_ forms, to ensure the confidentiality provided by
this order.. •s
Dated: December 1, 1994
-- BY THE COURT
A. M. Keith
-- Chief Justice
TREME
-:COURT
DECEMBER 9, 1994
All odn ows since 1989 can be faxed. car 333 4244. 14
�P}NiNNESQTA:
E- , URT
- 7, -�
�.,
Henneprn County
Keith, C.J.
State of- Minnie oua,
Hubert H.
-
Humphrey, III
Respondent„
Attorney General
102 State Capitol
. --
St. Paul, NIN
55155
Michael O.
Freeman
7
•
•
•
•
�J
ARNOLD, ANDERSON & DOVE
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
DAVID B. ARNOLD'
STEVEN A. ANDERSON
G. BARRY ANDERSON'
STEVEN S. HOGE
LAURA K. FRETLAND
DAVID A. BRUEGGEMANN
PAUL D. DOVE**
RICHARD G. McGEE
CATHRYN D. REHER
GINA M. BRANDT
BRETT O. ARNOLD
'ALSO <O.i-T RN Rt RI �.e3D II iRK
Crary D. Plot?
Citv Administrator
Hutchinson City Center
1
11 Hassan St SE
Hutchinson, MN 55350
Re: unfunded mandates
Dear Garv:
ATTORNEYS AT LAW
5881 CEDAR LAKE ROAD
MINNEAPOLIS, MINNESOTA 55416 -1492
(612)545 -9000
FAX (612) 545 -1793
OF COUNSEL
RAYMOND C. LALLIER
JANE VAN VALKENBURG
501 SOUTH FOURTH STREET
PRINCETON, MINNESOTA 55371
(612) 389 -2214
FAX (612) 3895506
101 PARK PLACE
HUTCHINSON, MINNESOTA 55350
16(2) 587 -7575
FAX (612) 587 -4096
FOR YOUR INFORMATION
As you know, the topic of unfunded mandates is a sore point with cities across the
country. There is discussion, however, about passing legislation at the national level that
will limit this problem. I am enclosing for your information and for review by the
Council a copy of an articie which appeared in the St. Paul Pioneer Press this past week.
Although the article doesn't mention it, this bill has been assigned Senate number one (1 )
which is an indication of the importance assigned to this issue by leaders in the Senate.
There will be a great deal of discussion regarding this matter and we will be watching it
carefully.
Thank you for your time and attention to this matter.
FAA
G. Barry Anderson
FOR THE FIRM
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
• • •
10A W ®, SAINT PAUL PIONEER PRESS
THE FIRST 100 DAYS
Conflicting views surround truth in spending
■ Law looks likely
despite criticism
HEATHER DEWAR
WASHINGTON BUREAU
WASHINGTON
The new Republican Congress is
poised to swiftly pass a truth -in-
spending bill that supporters say
will be a good start toward restor-
ing common sense in government
but that opponents say may have
dire consequences for the entire
country.
Critics claim it will widen the
misery gap between rich and poor
communities, pitting states
against one another in nasty court
fights, and tying up future reform
efforts in government red tape.
Despite such angry rhetoric,
Senate Bill 1 whooshed through its
only planned hearings this week
like a sprinter leaving the starting
block. It's a crowd - pleaser with a
simple- sounding goal: to lift the
burden of unnecessary, expensive
federal programs off the bent
backs of local taxpayers.
The bill's authors say that it
would require Congress, before
passing any new laws, to find out
exactly how much they would
cost. Then if Capitol Hill did not
appropriate enough money to pay
for the new programs, local gov-
ernments would be free to ignore
them — unless Congress specifi-
cally ordered them to pick up the
tab.
It's an idea that's hard to hate,
especially since so-called "unfund-
ed mandates" are state and local
governments' biggest beef against
Washington.
The idea has the backing of the
National Governors Association
and the U.S. Conference of May-
ors. Over 60 senators, most of
whom started their political ca-
reers at city hall or the state-
house, have signed on as co-spon-
sors.
The Senate's version and a simi-
lar House bill are both headed for
speedy votes, and Republican
leaders vow to have a bill on the
president's desk by the end of Jan-
uary.
"This is good government legis-
lation at its best," said Rep. Rob-
ert Portman, R -Ohio, author of the
House version.
But a handful of senators have
serious doubts, and they're plead-
`Unfunded
mandates' are state
and local
governments'
biggest beef against
Washington.
ing with their colleagues to slow
down. So is a slapped- together co-
alition of 93 citizens' groups as
unalike as Hadassah, the Jewish
women's organization, and the
United Steelworkers Union. Even
some big businesses, like garbage
giant Browning - Ferris Industries,
are against the bill.
Opponents say the proposal
would give publicly run businesses
like hospitals, landfills and power
plants a big advantage over pri-
vate competitors by allowing them
to opt out of costly new pollution
cleanup requirements, worker
safety rules, and even hikes in the
minimum wage. It would deprive
cities of the federal money they
now get for special local needs,
because all those dollars would in-
stead go to pay for nationwide
mandates.
Some worry that it would create
what Sen. Frank Lautenberg, D-
N.J., called "a race to the bot-
tom," as states duck federal envi-
ronmental and safety programs in
order to keep costs down and lure
new businesses. Others say it
would create separate and unequal
health and pollution standards for
rich communities, which can af-
ford the cleanest air and water,
and poor ones, which cannot.
Worst of all, some critics say, it
would strip the gears of reform
efforts by requiring Congress to
obtain complicated, and often
questionable, cost analyses from
the Congressional Budget Office
before passing any new bills. The
resulting logjam could bring law-
making to a halt.
That's the idea, say some of the
bill's sponsors.
"The likely effect, since the
Congressional Budget Office is go-
ing to have trouble with the esti-
mates, is that Congress won't be
able to pass any new mandates;"
said Sen. James Exon, D -Neb.
"That's the beauty of it."
There's a reason why the tide
against unfunded mandates is run-
ning so strongly.
For the last three decades Con-
gress and the federal agencies
have been giving orders to the
states and cities without offering
to pay the costs. In 1962, there
were two unfunded federal man-
dates. Now, no one is sure how
many there are; estimates range
from 62 to 134.
"There wasn't any secret. We all
knew what was happening," said
James Towse, the deputy director
of the Office of Management and
Budget from 1972 to 1983 and now
a consultant to multinational cor-
porations. "We put our heads in
the sand."
No one is sure exactly how
heavy the burden is; figures var
with the estimators' degree of oui
rage. A study for the U.S. Confe,
ence of Mayors estimated t'
costs to cities in 1993 at near
$6.5 billion.
"No one individual mandat
breaks the bank," Towse said, "bI,
when you add them up it force
local government to cut back or
higher priorities like police and
fire protection."
Last year, a four -page bill to
curb unfunded mandates died at
the end of the 103rd Congress. On
Thursday, it was replaced by a
48 -page version so complex that
even its author, Idaho Republican
Sen. Dirk Kempthorne, had trouble
explaining it.
For one thing, it requires every
new bill that reaches the House or
Senate floor to have a detailed
Congressional Budget Office cost
analysis attached. If the estimate
is higher than $50 million a year,
Congress would be required to ei-
ther pay up or order local govern-
ments to do so.
If Congress did neither, govern-
ments could choose not to comply
— though in most cases private
industry would still have to obey.
Some senators suspect the bill
could strip them of their cherished
power to amend bills at the last
minute, forcing them to wait for a
budget office analysis before mak-
ing any changes. During the bill's
only scheduled hearing, Kempth-
orne told his colleagues he didn't
know whether that would happen.
TO: Mayor and Council
FROM: Brad Emans, Fire Chief
HUTCHINSON
FIRE DEPARTMENT
205 Third Avenue South East
HUTCHINSON, MINNESOTA55350
MONTHLY CITY COUNCIL UPDATE
December, 1994
The fire department responded by 28 calls in December. We had a
total of 303 calls in 1994 up from 273 in 1993.
Of the 28 calls, 13 were in the rural and 15 were in the city.
. Drills for the month
Business Meeting
Inventory
Personal Accountability
0
0
NEERLAND LIBRARY SYSTEM
M. Houtahan, Director
FOR YOUR INFORMATION
410 SW Fifth Street Willmar, MN 56201.3298
PIONEERLAND LIBRARY SYSTEM BOARD MEETING
TELECONFERENCE CALL December 15, 1994
Meeting called to order by President Nancy Alsop.
Phone No. 6121235-3162
Fax. No. 6121235 -3169
Roll call revealed a quorum was on line for a vote on several
issues that need a motion and approval.
MOTION to approve the purchase of a vehicle to replace the van that
is overdue for retirement. Vehicle to be purchased through a
Cooperative Purchasing Group. Rudningen/M. Johnsen. MOTION CARRIED
MOTION to approve revised 1994 budget. Re: line item for legal
fees, other small changes. Brunner /Griffin. MOTION CARRIED
MOTION recommending paying the annual dues of about $350.00 for
Cooperative Purchasing Permit. Can be used for fax machine or other
system purchase. Linda Johnson /Brunner. MOTION CARRIED
MOTION to authorize signing of contract with same auditor as last
several years. Hauer /Sanders. MOTION CARRIED
Teleconference meeting adjourned.
D. Brunner, Sec'y
;•m
0
I ] 3
u
s s r
0
d'i
CITY OF HUTCHINSON
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
LIQUOR STORE COMPARISON
"
NOVEMBER
s�
NOVEMBER
1993
_J
NOVEMBER
6
---------------------------------------------------------------
TOTAL
it
1994
LIQUOR
BEER
WINE
MISC.
NOVEMBER
BY WEEK
- -
_________________________
1
1,478
1,461
TOTAL
e�
3,364
1993
LIQUOR BEER
WINE
MISC.
TOTAL
BY WEEK
9.
4,209
1
1,127
1,601
300
172
3,200
1,161
10j
2
1,133
1,368
206
210
2,917
8,938
111
- -
3
1,386
1,777
192
103
3,458
4
1,858
2,320
335
138
4,651
--
12
1,422
5
2,444
3,739
614
235
7,032
8
13
1,267
6
2,475
3,542
813
248
7,078
1,474
14
292
228
4,096
- - -_ti
10
2,392
28,336
598
150
8
1,286
1,235
287
98
2,906
759
1s
8,836
9
1,351
1,401
265
86
3,103
241
16
10
1,187
1,618
296
200
3,301
13
11
1,386
2,368
377
155
4,286
15
12
2,936
3,647
846
225
7,654
18
2,088
13
2,423
3,696
921
233
7,273
17
19
2,342
490
173
4,310
18
28,523
20
1,087
15
946
1,253
378
107
2,664
4,391
21
264
16
1,402
1,396
331
186
3,315
17
1,381
1,862
293
86
3,622
110
2Z
18
1,549
2,122
515
157
4,343
6,222
23
19
2,901
3,652
860
157
7,570
24'I
24
20
2,329
4,050
1,002
298
7,679
25
2,628
3,956
753
211
7,548
29,213
26
22
1,221
1,683
655
129
3,688
---
24:
23
1,773
1,900
1,141
134
4,948
23:
24
5,260
7,416
5,090
393
18,159
30
25
THANKSGIVING
349
104
3,598
0
28
26
2,650
3,715
984
302
7,651
.L
29-
27
2,470
3,147
718
215
6,550
40,996
30
47,946
63,380
18,017
4,494
133,837
31
29
1,252
1,451
200
90
2,993
SALES INC
30
1,820
1,421
398
137
3,776
32
6 769
33.
TOTAL
47,946
63,380
18,017
4,494
133,, 837
34
92 TOTAL
36,728
51,241
13,229
5,417
106,615
35
36
$ OF SALE
36
47
13
3
100
31
SALES INC
OR DEC
27,222
26
$
38
39 i
0
FOR YOUR INFORMATION
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
"
NOVEMBER
_J
NOVEMBER
TOTAL
it
1994
LIQUOR
BEER
WINE
MISC.
TOTAL
BY WEEK
- -
_________________________
1
1,478
1,461
_______________________________
291
134
3,364
2
1,751
1,978
365
115
4,209
3
1,859
2,582
354
1,161
5,956
_
4
3,242
4,780
675
241
8,938
- -
5
2,631
3,873
735
312
7,551
30,018
--
7
1,422
1,799
256
116
3,593
8
1,848
1,267
240
79
3,434
9
1,474
2,102
292
228
4,096
- - -_ti
10
2,392
2,896
598
150
6,036
11
3,525
4,307
759
245
8,836
12
2,719
3,881
- 993
241
7,834
33,829
14
1,431
1,748
440
111
3,730
15
1,229
1,467
320
119
3,135
16
2,088
1,906
380
172
4,546
-
17
11305
2,342
490
173
4,310
18
2,765
4,356
1,087
242
8,450
19
2,978
4,391
1,196
264
8,829
33,000
21
1,714
1,894
630
110
4,348
22
2,069
2,677
1,364
112
6,222
23
6,659
8,606
4,981
382
20,628
_
24
THANKSGIVING
0
25
2,628
3,956
753
211
7,548
--
26
3,044
4,092
1,220
204
8,560
---
47,306
28
29
1,459
1,344
1,336
1,586
208
346
65
66
3,068
3,342
30
1,610
1,535
349
104
3,598
10,008
.L
TOTAL
56,664
72,618
19,322
5,357
154,161
93 TOTAL
47,946
63,380
18,017
4,494
133,837
$ OF SALE
37
47
13
3
100
SALES INC
OR DEC
20,324
15
$'
39
39
a
0
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
DECEMBER
DECEMBER
1
-
TOTAL
1994
LIQUOR
BEER
t
MISC.
TOTAL
BY WEEK
1
2,171
2,682
437
217
3
2
3,342
4,195
998
254
8,789
3
CITY OF HUTCHINSON
3,885
1,088
270
6,724
LIQUOR STORE COMPARISON
23,020
5
9
DECEMBER
1993
111
3,535
6
1,519
1,332
6
________________________________
3,253
_______________________________
1,924
1,959
405
/
3
DECEMBER
8
1,832
2,339
578
113
TOTAL
3
1993
------------
LIQUOR BEER
____________________
WINE
_______________________________
MISC.
TOTAL
BY WEEK
10.
9
1
1,378
1,303
287.
133
3,101
10
2
1,553
1,622
451
132
3,758
676
100
11
3
2,556
3,332
667
305
61860
4,492
.€
14
4
2,577
3,430
1,062
299
7,368
15
2,129
2,185
695
128
5,137
16
31866
21,087
1,419
13
6
1,322
1,499
378
131
3,330
303
10,955
13
7
1,136
1,473
408
101
3,118.
39,326
°a
2,269
8
1,414
1,428
465
166
3,473
2,818
2,366
13
9
1,497
1,801
510
128
3;936
1,378
1
16
10
2,711
-4,100
.1,095
307
8,213
12,867
4
3
11
4,144
3,683
1,320
249
9,396
24.
5,962
1il
4,430
293
17,142
31,466
13
1,578
1,231
366
113
3,288
170
4,682
19
14
1,802
1,690
786
150
4,428
28
M
15
1,668
1,672
618
79
4,037
2,533
2,881
S1,
16
2,154
2,078
968
157
5,357
2,336
337
n
17
4,845
3,970
1,355
378
10,548
.23,360
18
3,723
.3,850
2,005
303
9,881
TOTAL
88,270
33i
38,173
6,373
227,830
93 TOTAL
74,282
37,539
35,477
2C
20
2,602
1,700
1,097
109
5,508
3
100
21
2,107
1,932
1,248
153
5,440
a
22
3,892
3,478
2,295
316
9,981
M
23
7,259
5,982
4,276
727
16,244
33
24
5,779
5,927
4,476
414
16,596
25
CHRISTMAS
0
55,769
39
27
1,757
1,818
482
193
4,250
30
28&29
3,027
3,261
1,064
265
7,617
31
30
3,924
4,520
2,067
292
10,803
33
31
7,877
8,738
5,731
751
23,097
45,767
33
TOTAL
74,282
75,518
35,477
6,351
191,628
m
92 TOTAL
62,020
66,152
28,658
5,011
161,841
35
%
} OF SALE
39
39
19
3
100
33
SALES INC
OR DEC
29,787
18
4
39
39
a
0
CITY OF HUTCHINSON
LIQUOR STORE COMPARISON
DECEMBER
DECEMBER
-
TOTAL
1994
LIQUOR
BEER
WINE
MISC.
TOTAL
BY WEEK
1
2,171
2,682
437
217
5,507
2
3,342
4,195
998
254
8,789
3
3,481
3,885
1,088
270
6,724
23,020
5
1,500
1,596
328
111
3,535
6
1,519
1,332
351
51
3,253
7
1,924
1,959
405
125
4,413
8
1,832
2,339
578
113
4,862
9
4,788
4,492
981
308
10,569
10.
3,788
4,204
1,465
344
9,801
36,433 -
12
1,676
1,541
676
100
3,995
13
1,851
1,961
561
119
4,492
14
2,066
1,824
607
147
4,644
15
2,129
2,185
695
128
5,137
16
31866
4,573
1,419
245
10 -,103
17
4,309
4,667
1,676-
303
10,955
39,326
19
2,269
1,948
951
134
5,302
20
2,818
2,366
1,116
219
6,519
21
3,339
2,770
1,378
345
7,832
22
4,924
4,799
2,807
337
12,867
23
8,978
8,274
4,915
483
22,650
-
24.
5,962
6,457
4,430
293
17,142
72,312
26
1,653
2,465
394
170
4,682
27
1,243
1,743
519
63
3,568
28
2,339
2,570
660
133
5,702
29
2,533
2,881
919
132
6,465
30
4,457
5,830
2,336
337
12,962
31.
7,513
9,476
5,479
892
.23,360
56,739
TOTAL
88,270
95,014
38,173
6,373
227,830
93 TOTAL
74,282
75,518
35,477
6,351
191,628
% OF SALE
39
42
,17
3
100
SALES INC
OR DEC
36,202
19t