cp01-14-86 cHUTCHINSON
CITY
CALENDAR
WEEK OF
January 12 T 0 January 18
r
1986
WEDNESDAY
-15-
10:00 A.M. - Directors Meet
at City Hall
9�
_A
SUNDAY MONDAY
-12- -13-
THURSDAY
-16-
loop,
7:00 P.M. - Solid Waste Manage-
ment Committee
Meeting at City
Hall (Auditorium)
FRIDAY
-17-
CONFERENCE:
JIM MARKA, HOMER PITTMAN AND
GEORGE FIELD at Conference
January 15-17
u
TUAAY
-14-
7:30 P.M. - City Council Meeting
at City Hall
SATURDAY
-18-
oo-
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
• TUESDAY, JANUARY 14, 1986
1. Call to Order - 7:30 P.M.
2. Invocation - Reverend Kenneth Veal
3. Consideration of Minutes - Regular Meeting of December 10,1985 and
Special Meetings of December 5, 1985, December 18, 1985 and January 2, 1986
Action - Approve as distributed - Approve as amended
4. Routine Items
(a) Reports of Officers, Boards and Commissions
1. Building Official's Report - December 1985
2. Planning Commission Minutes dated November 19, 1985
. 3. Financial Report - November 1985
Action - Order report and minutes to be filed
(b) Consideration Of Applications For Snow Removal Permits:
1. Carl Christensen
2. Stan Ristow
3. Richard Sturges
4. Al Trautman
Action - Motion to reject - Motion to approve and issue permits
(c) Appointment of Fire Department Officers for 1986
Action - Motion to reject - Motion to approve appointments
(d) Consideration of Appointments to Health Board:
1. Dr. George Smith
2. Dr. Robert Hegrenes
3. Dr. Thomas Kleinkauf
Action - Motion to ratify appointments
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CITY COUNCIL AGENDA - JANUARY 14, 1986
5. Public Hearing - 8:00 P.M. •
None
6. Communications, Requests and Petitions
(a) Consideration of Status Reports by City Attorney:
1. Klockmann Property
2. Gutormson Property
Action -
(b) Consideration of Request for Liquor Store Manager And Alderman Marlin
Torgerson to Attend Retail Liquor Convention February 2 -3, 1986
Action - Motion to reject - Motion to approve request
(c) Discussion of City Engineer's Correspondence Regarding City Property At
Prospect Street And Highway 7 East
Action -
(d) Consideration of Request By Police Facility Task Force to Retain •
Architectural Firm
Action - Motion to reject - Motion to approve and enter into contract
7. Resolutions and Ordinances
(a) Resolution No. 8191 - Resolution Accepting $75,000 from Hutchinson
Utilities Commission
Action - Motion to reject - Motion to waive reading and adopt
(b) Resolution No. 8192 - Resolution Of Appreciation - Lenard Schuft
Action - Motion to reject - Motion to waive reading and adopt
(c) Resolution No. 8193 - Resolution Of Appreciation - Helen Plaisance
Action - Motion to reject - Motion to waive reading and adopt
(d) Resolution No. 8195 - Resolution for Purchase
Action - Motion to reject - Motion to waive reading and adopt
(e) Resolution No. 8196 - Resolution Adopting Position Classification
Assignment Table Effective January 1, 1986
Action - Motion to reject - Motion to waive reading and adopt •
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CITY COUNCIL AGENDA - JANUARY 14, 1986
• 8. Unfinished Business
(a) Consideration of Request By Frank Fay For Reimbursement Of IRB Deposit
(DEFERRED DECEMBER 10, 1985)
Action - Motion to reject - Motion to approve reimbursement
(b) Consideration of Establishing Employee Anniversary Date for Merit
Consideration (Requested by Alderman Marlin Torgerson)
Action -
(c) Consideration of Replacing 1977 Chevrolet Van for Engineering
Department (DEFERRED NOVEMBER 26, 1985)
Action - Motion to reject - Motion to approve replacement and award bid
(d) Report By City Attorney On Status of Certificates of Title for DOT
Airport Appraisal Project
Action -
(e) Consideration of Engineering Supervision of Railroad Connector Track
And Spur Track By Gopher Engineering, Inc. - Report By Bernie Prusak
• Action -
(f) Consideration of Conditional Use Permit Submitted By Dakota Rail, Inc.
with Favorable Recommendation of Planning Commission
(DEFERRED DECEMBER 18, 1985)
Action - Motion to reject - Motion to approve - Motion to waive reading
and adopt Resolution
9. New Business
(a) Consideration Of Delinquent Water And Sewer Accounts (December 1985)
Action - Motion to authorize extension of payment period - Motion to
authorize discontinuation of service
(b) Consideration Of Conditional Use Permit Submitted By Richard Goebel
with Favorable Recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive reading
and adopt Resolution No. 8188
(c) Consideration Of Variance Request Submitted By Richard Goebel with
Favorable Recommendation of Planning Commission
. Action - Motion to reject - Motion to approve - Motion to waive reading
and adopt Resolution No. 8189
3
CITY COUNCIL AGENDA - JANUARY 14, 1986
(d) Consideration Of Preliminary Plat of Helland's Seventh Addition with •
Favorable Recommendation of Planning Commission
Action - Motion to reject - Motion to approve - Motion to waive reading
and adopt Resolution No. 8190
(e) Consideration Of Resolution Calling for Public Hearing for Small Cities
Economic Development Program - Ty's Metal Finishing
Action - Motion to reject - Motion to approve - Motion to set public
hearing and waive reading and adopt Resolution No. 8197
(f) Consideration Of Recertification As "Star City"
Action - Motion to reject - Motion to affirm participation - Motion to
waive reading and adopt Resolution No. 8194
(g) Consideration Of ASCAP License For Hutchinson Civic Arena
Action - Motion to reject - Motion to approve ASCAP license
(h) Consideration Of Change Order No. 1 For 1985 Railroad Spur And
Connector Track Grading And Gravel Sub -Base Project
Action - Motion
to reject - Motion to
approve change order
•
(i) Consideration of
Establishing A Board
Of Appeals
Action - Motion to reject - Motion to approve and refer to City
Attorney
(j) Consideration of Reimbursing 1985 Refuse Certification to Robert McGee
Action -
(k) Consideration of Amending Section 225 of City Ordinance Entitled
"Garbage And Refuse Department"
Action - Motion to reject - Motion to approve - Motion to waive first
reading of Ordinance No. 1/86 and set second reading January 28, 1986
(1) Consideration of Petition for Improvements In Helland's Seventh
Addition (Colorado Circle)
Action - Motion to reject - Motion to approve and order engineer's
report - Motion to waive reading and adopt Resolution
(m) Consideration of Installing Sprinklers In Basement Supply Room At Burns
Manor Nursing Home
Action - Motion to reject - Motion to approve and enter into contract 0
0
CITY COUNCIL AGENDA - JANUARY 14, 1986
• (n) Consideration of Recreational Fee Changes
Action - Motion to reject - Motion to approve
(o) Consideration of Downtown Sidewalk Tree Plantings
Action - Motion to reject - Motion to approve addendum and amend
ordinance
10. Miscellaneous
(a) Communications from City Administrator
11. Claims, Appropriations and Contract Payments
(a) Verified Claims
Action - Motion to approve and authorize payment from appropriate
funds
12. Adjournment
•
0
5
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
. TUESDAY, DECEMBER 10, 1985
1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow-
ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar-
lin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also
present: City Administrator Gary D. Plotz, Director of Engineering Marlow V.
Priebe and City Attorney James Schaefer.
2. INVOCATION
The invocation was given by the Reverend Thor Skeie.
3. MINUTES
The minutes of the regular meeting of November 26, 1985 and special meeting
of November 18, 1985 were approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - NOVEMBER 1985
• 2. LIBRARY BOARD MINUTES DATED NOVEMBER 26, 1985
Mayor Stearns ordered the report and minutes to be filed.
(b) CONSIDERATION OF APPLICATIONS FOR SNOW REMOVAL PERMITS:
1. DAVID BLAKE
2. DICK EWERT
3. CLETUS HUHN
4. KERRY KRUEGER
5. LARRY MCDONALD
6. RANDY PETERSON
7. RODNEY RAUCH
Alderman Mlinar moved to approve the applications and issue the permits.
Motion seconded by Alderman Carls and unanimously carried.
5. PUBLIC HEARING - 8:00 P.M.
(a) CONSIDERATION OF INTOXICATING LIQUOR LICENSE FOR DENNIS HANSON, OWNER
OF VELVET COACH
Mayor Stearns called the public hearing to order at 8:00 P.M. He
stated the Chief of Police had given the applicant a high recommenda-
tion for approval.
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CITY COUNCIL MINUTES - DECEMBER 10, 1985
0
Following discussion, Alderman Mlinar moved to close the hearing at
8:01 P.M. Motion seconded by Alderman Mikulecky and carried
unanimously.
The motion was made by Alderman Mlinar, seconded by Alderman Torgerson,
to approve and issue the intoxicating liquor license. Motion carried
unanimously.
(b) CONSIDERATION OF PRIVATE OR PUBLIC FINANCING OF POLICE STATION
Mayor Stearns called the public hearing to order at 8:02 P.M. He com-
mented that following the joint meeting of the Council and Police Sta-
tion Building Committee, it was felt that a public hearing should be
held for public input regarding a police station and its financing.
Chad Piehl, Chairman of the building committee, reported that addi-
tional funding would be needed to finance the proposed facility. The
committee had looked at alternatives to public financing, and private
financing was a possible alternative. He then explained the procedure
for this method of non - public financing.
Wayne Kasich inquired if private financing and a lease arrangement
were used, would it be for a 15 year period. Would that be a normal
amount of time. Mr. Piehl replied that the lease would be for 15 •
years; however, the City could purchase the building at any time within
that timeframe. After 15 years the property would revert back to the
City.
Mr. Kasich stated that it appeared the City didn't want to commit fu-
ture Councils to this project. Chairman Piehl responded that private
financing would generate revenue on the building while public financ-
ing would not; however, there would be no difference in the commitment
by the taxpayers.
City Attorney Schaefer stated the State Statute gave a city the right
to terminate a lease at the end of any fiscal year. Legally it would
not be bound to maintain the lease for 15 years. He explained the
lease purchase agreement would allow the city to purchase the building
at any time by paying off the balance owing, or obtain ownership at
the end of the 15 year period. In the event the city would terminate
the lease, it must vacate the building. The developer could use the
facility for another purpose.
An unidentified man asked if there was a pre - payment penalty and exer-
cise option. The answer was "no."
Alderman Mlinar inquired what the percent would be for both a bond and
private financing. Chairman Piehl stated it would be 9.7 percent for a
bond and between 10 and 11 percent for private. .
Alderman Carls asked for a review of why the private cost would be
2
•
CITY COUNCIL MINUTES - DECEMBER 10, 1985
lower than public. Mr. Piehl stated there would be no bonding costs,
which was an estimated $100,000 savings. The city would not have to
meet the requirements of the Davis -Bacon Act.
Finance Director Merrill reported that federal revenue sharing dollars
would be used to help pay for the building.
Alderman Torgerson asked how much time would be involved. Other proj-
ects had taken about a year before construction started. Mr. Piehl es-
timated that occupancy would take place within a year under private
financing.
Wayne Kasich wondered if public or private financing would effect the
site that was chosen. The answer was "no." He commented he was aware
of greater use of private financing, and there was a reason for it. He
felt the Council was doing what was right by looking at the merit and
cost savings of private financing.
Chairman Piehl pointed out that private financing was being used more
extensively. Post offices have been built by this method.
Alderman Torgerson inquired what would be faced as far as the present
facility was concerned if there was a delay in the project. Mr. Piehl
. answered that the working conditions in the police department might be
a factor to consider.
Alderman Mikulecky inquired when the bond sale would be held and when
ready to proceed on the facility, if the proposed police station was
approved by the voters in February. Finance Director Merrill responded
that if the voters approved it in February, the City would be ready for
a bond sale on March 1 and cash in hand by mid - April. Discussion fol-
lowed regarding the amount of the bond and pay -back period.
Alderman Carls asked if the Highway 7 East location was a more costly
site than the one on Second Avenue. Chairman Piehl commented he could
not answer since no funding had been issued for borings samples. The
committee had not been authorized to hire an architect and have tests
done. The site must be determined prior to designing the building.
Alderman Torgerson moved to close the hearing at 8:29 P.M. Motion sec-
onded by Alderman Mlinar and carried unanimously.
The motion was made by Alderman Carls to designate Highway 7 East City
property as the tentative site location for future construction of the
police station, with the understanding that the money from the water/
sewer fund that originally purchased the site be paid back to the water/
sewer fund at a to be determined schedule, and that the City Council
authorize the committee to hire an architect to determine what the cost
would be for a building on that site. Motion seconded by Alderman Tor-
. gerson and unanimously carried.
3
CITY COUNCIL MINUTES - DECEMBER 10, 1985
•
Following discussion, Alderman Carls moved to defer a decision on how
to finance the facility until additional information is available.
Motion seconded by Alderman Mikulecky and carried three to two, with
Aldermen Carls, Mlinar and Mikulecky voting aye and Alderman Torgerson
and Mayor Stearns voting nay.
(c) CONSIDERATION OF KIMBERLY COUNTRY ESTATES IMPROVEMENT PROJECT NO. 86 -05
City Engineer Priebe reported on the Kimberly Country Estates project.
The motion was made by Alderman Mlinar to close the hearing at 8:50
P.M. Motion seconded by Alderman Mikulecky and unanimously carried.
Alderman Torgerson moved to approve the project, to approve plans and
specifications and to advertise for bids January 21, 1986 at 2:00 P.M.,
and to waive readings and adopt Resolutions No. 8170 and No. 8171. Mo-
tion seconded by Alderman Mlinar and carried unanimously.
RECESS: The City Council took a five minute break at 8:55 P.M.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY:
1. KLOCKMANN PROPERTY •
2. GUTORMSON PROPERTY
City Attorney Schaefer reported both parties are scheduled for trial
at 10:00 A.M. on December 17, 1985. He had talked to the owner of the
Gutormson property, and she has a potential buyer. The new owner may
wish to tear the building down at his own expense.
(b) CONSIDERATION OF REQUEST FOR BUILDING OFFICIALS TO ATTEND ANNUAL
INSTITUTE FOR BUILDING OFFICIALS JANUARY 15 -17, 1986
Alderman Mlinar moved to approve the request. Motion seconded by Ald-
erman Mikulecky and carried unanimously.
(c) CONSIDERATION OF REQUEST BY DIRECTOR OF ENGINEERING TO COMBINE HOLIDAY,
VACATION TIME AND OLD EARNED COMPENSATORY TIME
The motion was made by Alderman Carls, seconded by Alderman Mikulecky,
to reject the request. Motion carried four to one, with Mayor Stearns
voting nay.
(d) UPDATE REPORT ON LUCE LINE STATE TRAIL BY BOB KAUL OF DNR
Bob Kaul of the DNR reported on the development of the Luce Line state
trail. He requested Council authorization for use of designated City •
streets to connect with the existing trail.
4
CITY COUNCIL MINUTES - DECEMBER 10, 1985
• No action was taken, but it was the consensus of the Council for Mr.
Kaul to prepare a recommendation and proceed with the proposed plans.
(e) CONSIDERATION OF REQUEST BY FRANK FAY FOR REIMBURSEMENT OF IRB DEPOSIT
City Administrator Plotz reviewed the request by Frank Fay for reim-
bursement of the $5,000 IRB deposit made to the State the end of Aug-
ust for the Hutch Hotel project. The City was informed the end of Oc-
tober the project might not develop; however, the project had incurred
some expenses.
After discussion, Alderman Torgerson moved to table until the January
14, 1986 Council meeting, with the stipulation that the Finance Direc-
tor and City Attorney prepare reports. Motion seconded by Alderman
Mlinar and carried unanimously.
7. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 19/85 - AN ORDINANCE AMENDING ORDINANCE NO. 464
CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE
OFFICIAL ZONING MAP (LARRY WENDORFF)
It was moved by Alderman Carls, seconded by Alderman Torgerson, to
. waive second reading and adopt Ordinance No. 726. Motion unanimously
carried.
•
(b) ORDINANCE NO. 20/85 - INDUSTRIAL WASTEWATER PRETREATMENT ORDINANCE FOR
THE CITY OF HUTCHINSON, MINNESOTA
Alderman Carls moved to waive second reading and adopt Ordinance No.
727. Motion seconded by Alderman Mlinar and carried unanimously.
(c) ORDINANCE NO. 21/85 - ORDINANCE AMENDING SUBDIVISION ORDINANCE NO. 466
The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky,
to waive second reading and adopt Ordinance No. 728. Motion carried
unanimously.
(d) RESOLUTION NO. 8168 - RESOLUTION FOR PURCHASE
Alderman Carls moved to waive reading and adopt Resolution No. 8168.
Motion seconded by Alderman Mikulecky and unanimously carried.
(e) RESOLUTION NO. 8169 - TRANSFERRING $45,000 FROM LIQUOR STORE TO GENERAL
FUND
The motion was made by Alderman Mlinar, seconded by Alderman Mikulecky,
to waive reading and adopt Resolution No. 8169. Motion unanimously
carried.
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CITY COUNCIL MINUTES - DECEMBER 10, 1985
8. UNFINISHED BUSINESS
None
9. NEW BUSINESS
(a) CONSIDERATION OF ORDERING PREPARATION OF ENGINEER'S REPORT ON
NORTHWOODS AVENUE IMPROVEMENT (HILLCREST ADDITION)
City Engineer Priebe reported on the Northwoods Avenue project. Fol-
lowing discussion, Alderman Mlinar moved to approve ordering the report
and to waive reading and adopt Resolution No. 8164. Motion seconded by
Alderman Torgerson and unanimously carried.
(b) CONSIDERATION OF ANNUAL WAGE ADJUSTMENTS
Personnel Coordinator Sitz stated the department heads favored merit
considerations being done at the employee's anniversary date, except
for those employees who had been with the City less than five years.
After discussion, no action was taken to change the method for deter-
mining merit increases.
Ms. Sitz reported the present pay plan was adequate and should not be
altered at this time. Discussion was given to the differences between •
the various classifications.
Following considerable discussion, Alderman Torgerson moved that the
increase be three percent and put a $750 cap, whichever was lower. Mo-
tion seconded by Alderman Mikulecky. The motion was amended by Alder-
man Mikulecky to put a cap at $790, which was mid -point of grade 12.
The amended motion was seconded by Alderman Torgerson. Alderman Carls
amended the motion to also read that the minimum pay increase for any
employee would be $500. Amendment seconded by Alderman Mikulecky.
The last amendment carried four to one, with Mayor Stearns voting nay.
The second amendment carried three to two, with Aldermen Mlinar, Tor -
gerson and Mikulecky voting aye and Alderman Carls and Mayor Stearns
voting nay. The main motion carried four to one, with Mayor Stearns
voting nay. For clarification, it was stated that the entire pay grid
would be moved the three percent.
Alderman Carls moved to have City Hall closed at 3:00 P.M. on Christ-
mas Eve day and to allow other employees who had to work to take two
hours off at another time. Motion seconded by Alderman Mlinar and
carried unanimously.
(c) CONSIDERATION OF RECOMMENDED FEE SCHEDULE FOR NEW RECREATION CENTER
Following discussion, Alderman Mlinar moved to approve the fee sched-
ule. Motion seconded by Alderman Mikulecky and unanimously carried. •
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CITY COUNCIL MINUTES - DECEMBER 10, 1985
(d) CONSIDERATION OF POSTAGE MACHINE AND POSTAGE SCALE LEASE
After discussion, the motion was made by Alderman Carls, seconded by
Alderman Mlinar, that based on the Finance Director's recommendation,
to approve the lease. Motion unanimously carried.
(e) CONSIDERATION OF EQUIPMENT PURCHASES FOR NEW RECREATION BUILDING
Alderman Torgerson moved to approve the equipment purchases. Motion
seconded by Alderman Carls and carried unanimously.
(f) CONSIDERATION OF VOLUNTARY ASSESSMENT FOR SPECIAL LEAGUE OF MINNESOTA
CITIES /NAHRO TAX INCREMENT FINANCE STUDY AND LOBBYING EFFORT
City Administrator Plotz reported on the voluntary assessment for
lobbying efforts by the League of Cities concerning tax increment fi-
nance.
Following discussion, Alderman Carls moved to approve the assessment
for $502.53. Motion seconded by Alderman Mlinar and unanimously car-
ried.
(g) CONSIDERATION OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS ON
. 1986 IMPROVEMENT PROJECTS NO. 86 -01, NO. 86 -02 AND NO. 86 -03
Director of Engineering Priebe commented on the 1986 improvement proj-
ects.
After discussion, Alderman Torgerson moved to approve the plans and
specifications, to open bids January 21, 1986 at 2:00 P.M., and to
waive readings and adopt Resolutions No. 8165, No. 8166 and No. 8167.
Motion seconded by Alderman Carls and carried unanimously.
(h) REVIEW OF SUPER VALU BUILDING EXPANSION FOR BUILDING PERMIT
Engineer Priebe reported a meeting was held last night concerning the
proposed plans for expansion of the Super Valu building. The plans
presented were not acceptable by MN /DOT and adjacent property owners.
Therefore, Engineer Priebe proposed a revised plan.
Following discussion, Alderman Carls moved to approve a building permit
be issued. Motion seconded by Alderman Mlinar and unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz commented on the recent letter received from
MN /DOT regarding a flashing light at the intersection of Highway 7 West
•
and School Road. It was suggested by Alderman Carls that the City put
up a flasher with a warning sign. The City Engineer was instructed to
7
CITY COUNCIL MINUTES - DECEMBER 10, 1985
0
check with MN /DOT and the utilities on this matter.
It was reported that the liquor store sales were up 11 percent.
Administrator Plotz informed the Council that Dwight Tange was discon-
tinuing his insurance consulting services to all cities and had turned
his business over to another firm. The City will be receiving a pro-
posal from the new company.
The City Administrator will be meeting with the department supervisors
for performance reviews.
(b) COMMUNICATION FROM FIRE MARSHALL
Fire Marshall Field requested permission to attend the Building Offi-
cials Institute January 15 -17, 1986. After discussion, the motion was
made by Alderman Mlinar, seconded by Alderman Torgerson, to approve the
request. Motion carried unanimously.
(c) COMMUNICATIONS FROM ALDERMAN CARLS
Alderman Carls requested the Finance Director to prepare a report on
the total cost of salary adjustment and what was left in the contin-
gency fund. .
It was recommended that the City Attorney's wage adjustment be done on
an individual basis.
Alderman Carls expressed sincere appreciation to Mayor Stearns for his
two years of service to the City.
(d) COMMUNICATIONS FROM ALDERMAN JOHN MLINAR
Alderman Mlinar asked the Director of Engineering for an update report
on the wildlife sanctuary situation. Engineer Priebe stated it was a
temporary situation, and he was waiting for additional information.
Alderman Mlinar commended Mayor Stearns for the progress the City has
made during his two year term of office.
(e) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON
Alderman Torgerson stated the fire department requested approval to
purchase two portable radios at a cost of less than $1,300. If the
order was placed in 1985, the department could save money on the radios.
Following discussion, Alderman Torgerson moved to approve the purchase
of two Motorola portable radios and order in December from the 1986
budget. Motion seconded by Alderman Carls and unanimously carried. •
Alderman Torgerson wished Mayor Stearns good luck in the future and
9
CITY COUNCIL MINUTES - DECEMBER 10, 1985
n
L�
stated he had enjoyed working with him the past two years.
(f) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY
Alderman Mikulecky inquired of the City Attorney if he had someone to
attend City Council meetings in his absence. The answer was "no."
(g) COMMUNICATIONS FROM CITY ATTORNEY
City Attorney Schaefer stated that William Janousek did not consider it
his responsibility to put up a fence on his property inasmuch as the
City built the parking lot and created the trespassing problem.
(h) COMMUNICATIONS FROM MAYOR STEARNS
Mayor Stearns commented about his two -year term of office and stated it
had been a learning experience.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Torgerson, seconded by Alderman Carls,
• to approve the claims and authorize payment from the appropriate funds.
Motion unanimously carried.
P
12. ADJOURNMENT
There being no further business, the meeting adjourned at 10:40 P.M.
V1
MINUTES
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
. THURSDAY, DECEMBER 5, 1985
The special City Council meeting was opened at 7:10 P.M. in the fire station
conference room by Mayor Stearns. Present were: Alderman Mike Carls, Alder-
man John Mlinar, Alderman Marlin Torgerson, and Mayor Robert H. Stearns. Ab-
sent: Alderman Pat Mikulecky. Also present: City Administrator Gary D. Plotz,
Finance Director Kenneth B. Merrill, Personnel Coordinator Hazel Sitz, City At-
torney James Schaefer, and Mayor -Elect Paul Ackland (arrived at 7:35 P.M.).
Seventeen City employees were also in attendance.
City Administrator Plotz stated that all employees had received a memorandum
asking for input on a proposed salary adjustment. He also commented on future
consideration of reviewing merits at the employee's anniversary date.
Personnel Coordinator Sitz reviewed the two memorandums distributed to the Coun-
cil. She reported it was the consensus of the directors that to combine both
salary and merit adjustments into one action made it appear as one item when it
was not. Therefore, the merit should not be considered as cost of living. It
was suggested that merit review be made for those employees who had worked for
the City five years or less since no merit increase had been given in 12 months.
She explained the Employment Cost Index used for determining the cost of living
increase during the year.
. Mayor Stearns suggested raising the pay plan ranges and retaining the relative
position in the range. He felt it was up to the department head to make a rec-
ommendation for merit increase. It was his recommendation to make the salary
adjustment a 3.5% increase.
Ms. Sitz stated that this year's pay plan was a little different than in the past
inasmuch as it had been revised to comply with comparable worth. She suggested
using option A, whereby the general adjustment for each pay grade would be "X"
percent of its midpoint. Each individual in that pay grade would receive the
same increase per hour, which would be to the advantage of the lower paid em-
ployee.
Sgt. John Gregor stated he did not agree with this proposal. He commented on
the method used in the police department to determine merit and longevity in-
crase.
Officer Chuck Jones asked about the advantage between a flat increase and the
percent basis for determining an adjustment.
Ms. Sitz stated that option B would be the same principle as A, except there
would be a limitation placed on the salary.
Sgt. Gregor commented he was not sure if he would be in the range to have a
"cap" placed on it.
• City Attorney Schaefer stated that he felt the whole amount should be given when
the cost of living was low. This would make up for the times when the cost of
1
CITY COUNCIL MINUTES - DECEMBER 5, 1985
living increase was high, and the entire amount could not be given. •
Option C was presented by Personnel Coordinator Sitz. According to'this plan,
no percentage adjustment would be made to the pay grades. The same table would
be used for another year. It would allow for an adjustment based on the mid-
point of each pay grade, which would place a freeze on the salary of any indi-
vidual at the top of an assigned pay grade.
City Forester Mark Schnobrich stated he favored a flat dollar raise for every-
one. Discussion followed.
Alderman Mlinar commented on the merit issue. He was not against merit but felt
it should be given for a good job done on or above for a given year and not an
automatic thing every year.
Finance Director Merrill stated that within five years most employees have
reached the midpoint of their range and full competency on the job.
Alderman Torgerson stated it was difficult to give increases when the money
wasn't available, and there were other items that need funding. He commented he
didn't feel the animosity present this year that he had felt in previous years.
Alderman Torgerson commended the employees for their good work.
A brief recess was taken, at which time the City employees left the meeting. .
City Administrator Plotz reviewed with the Council the Handbook On Policies,
Procedures And Practices, And Administrative Orders. He stated these policies
were in addition to the Personnel Handbook and other materials available. They
represented policies that had never been put into writing. The Council members
made various corrections and additions in the first section, Policy - City Coun-
cil. It was the consensus of the Council to continue the review at another
time.
Maintenance Operations Director Ralph Neumann commented on the recent article in
The Leader regarding the Woman's Club community project for a sign and en-
trance gate at Oakland cemetery. He stated the cost would be about $6,000, with
the Woman's Club raising the funds.
Authorization was requested by Director Neumann to replace an old water heater
in the old fire station with a new one for a cost of approximately $400. It was
the consensus of the Council to spend the money for a replacement water heater.
In closing, the Council discussed what method to use in awarding the cost of
living increase. Alderman Carls requested a written report on the dollar in-
crease per employee. He felt equal dollars should be awarded periodically and
did not favor a percent increase every year. It was reported that Alderman Mik-
ulecky recommended a 3.2% increase or $600, whichever was less. City staff was
directed to prepare a report providing the following information: 1) equal per-
cent by employee /total dollar; 2) Plan A by employee, based on 3.0 %, 3.5% and •
4.0% increase; and 3) last year's salary for each employee.
The meeting adjourned at 10 :40 P.M.
2
• MINUTES
SPECIAL MEETING - HUTCHINSON CITY COUNCIL
WEDNESDAY, DECEMBER 18, 1985
Mayor Stearns called the special meeting to order at 5:30 P.M. Present were:
Alderman Marlin Torgerson, Alderman Pat Mikulecky and Mayor Robert H. Stearns.
Absent: Alderman Mike Carls and Alderman John Mlinar. Also present: City Ad-
ministrator Gary D. Plotz and City Attorney James Schaefer.
CONDITIONAL USE PERMIT FOR JERRY ROSS TO BUILD AN ENGINE HOUSE
Mr. Michael Ross of Dakota Rail explained the need for an engine house for the
purpose of storing diesel locomotives and presented pictures of the proposed
structure to be located at Erie Street and Second Avenue Southeast. Alderman
Torgerson commented that Jerry Ross, owner of the Hutchinson trackage, preferred
to build an engine house outside the city limits. It was further pointed out
that the Planning Commission approved the concept contingent upon the applicant
providing a survey showing existing and proposed building sites on the property
prior to issuance of a building permit. Mr. Ross stated it was very probable
that Dakota Rail would wait until spring to build the engine house at another
site inasmuch as they were able to temporarily store the locomotives in a build-
. ing owned by a private party.
Following discussion, Alderman Torgerson moved to approve the request for a con-
ditional use permit. The motion failed for lack of a second. No action was
taken, and the item was deferred to the January 14, 1986 Council meeting for
additional information.
FINAL APPROVAL ON THE INDUSTRIAL REVENUE BOND FOR ERICKSON OIL PRODUCTS
City Administrator Plotz "explained the $500,000 commercial development revenue
note for Erickson Oil Products, Inc. required final approval prior to December
31, 1985.
After discussion, Alderman Mikulecky moved to approve the final Resolution No.
8176 for industrial revenue bonds for Erickson Oil Products. Motion seconded by
Alderman Torgerson and unanimously carried.
RESOLUTION OF APPRECIATION TO PAUL L. ACKLAND
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to waive
reading and adopt Resolution No. 8175. Motion unanimously carried.
CONSTRUCTION ENGINEER FOR INDUSTRIAL SPUR TRACKS
City Administrator Plotz reported that Bernie Prusak of Gopher Engineering, Inc.
• was requesting authorization to be the construction engineer in addition to the
engineer to prepare plans and specifications for the industrial spur tracks.
1
CITY COUNCIL MEETING - DECEMBER 18, 1985
•
Discussion was given to the requirements for a construction engineer and who
would do the inspections. No action was taken, and the topic will be placed on
the agenda for the January 14, 1986 Council meeting.
ADJOURNMENT
There being no further business, the meeting adjourned at 5:55 P.M.
•
•
2
•
•
SPECIAL
1. CALL TO ORDER
MINUTES
ORGANIZATIONAL MEETING - HUTCHINSON CITY COUNCIL
THURSDAY, JANUARY 2, 1986
Retiring Mayor Stearns called the special organizational meeting to order at
7:00 P.M., with the following members present: Alderman Mike Carls, Alder-
man John Mlinar, Alderman Marlin Torgerson, Alderman Pat Mikulecky, and
Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz and
City Attorney James Schaefer.
2. INSTALLATION OF NEWLY ELECTED MAYOR AND ALDERMEN
City Attorney Schaefer conducted the installation of the newly elected
Mayor, Paul L. Ackland. The Chair was then turned over to the Mayor.
Alderman Mike Carls and Alderman John Mlinar were sworn into office by the
City Attorney.
3. RESOLUTIONS AND ORDINANCES
(a) RESOLUTION NO. 8177 - DESIGNATION OF DEPOSITORIES OF CITY FUNDS IN
COMMERCIAL BANKS
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8177. Motion unanimously
carried.
(b) RESOLUTION NO. 8178 - DESIGNATION OF DEPOSITORY OF CITY FUNDS - FEDERAL
SAVINGS AND LOAN ASSOCIATIONS
It was moved by Alderman Torgerson,
waive reading and adopt Resolution
carried.
seconded by Alderman Mikulecky, to
No. 8178. Motion unanimously
(c) RESOLUTION NO. 8179 - DESIGNATING OFFICIAL NEWSPAPER
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8179. Motion unanimously
carried.
(d) RESOLUTION NO. 8180 - APPOINTING CITY OFFICERS FOR 1986
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8180. Motion unanimously
carried.
(e) RESOLUTION NO. 8181 - APPOINTING LEGAL COUNSEL
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8181. Motion unanimously
carried.
1
0-
4
CITY COUNCIL MINUTES - JANUARY 2, 1986
(f) RESOLUTION NO. 8182 - ENTERING AGREEMENT WITH PIONEERLAND LIBRARY
SYSTEM BOARD FOR CALENDAR YEAR 1986
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8182. Motion unanimously
carried.
(g) RESOLUTION NO. 8183 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL
FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON, MINNESOTA
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8183. Motion unanimously
carried.
(h) RESOLUTION NO. 8184 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL
FROM CITIZENS BANK AND TRUST CO. OF HUTCHINSON AS SPONSORING AGENCY OF
THE HUTCHINSON UTILITIES COMMISSION
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8184. Motion unanimously
carried.
(i) RESOLUTION NO. 8185 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL
FROM FIRST NATIONAL BANK OF HUTCHINSON, MINNESOTA
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8185. Motion unanimously
carried.
(j) RESOLUTION NO. 8186 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL
FROM FIRST NATIONAL BANK OF HUTCHINSON AS SPONSORING AGENCY OF THE
HUTCHINSON UTILITIES COMMISSION
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8186. Motion unanimously
carried.
(k) RESOLUTION NO. 8187 - RESOLUTION APPROVING SECURITIES FOR COLLATERAL
FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON,
MINNESOTA
It was moved by Alderman Torgerson, seconded by Alderman Mikulecky, to
waive reading and adopt Resolution No. 8187. Motion unanimously
carried.
NEW BUSINESS
(a) SELECTION OF COUNCIL'S VICE - PRESIDENT - MIKE CARLS
It was moved by Alderman Mikulecky to elect Mike Carls as Vice -
President of the Council. Motion seconded by Alderman Torgerson and
unanimously carried.
E
CITY COUNCIL MINUTES - JANUARY 2, 1986
. (b) DESIGNATION OF SUPERINTENDENT OF POLICE AND GENERAL WELFARE - PAUL L.
ACKLAND
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
appoint Paul L. Ackland as Superintendent of Police and General Wel-
fare. Motion unanimously carried.
(c) DESIGNATION OF SUPERINTENDENT OF ACCOUNTS, FINANCES, HEALTH AND
SANITATION - MIKE CARLS
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
appoint Mike Carls as Superintendent of Accounts, Finances, Health and
Sanitation. Motion unanimously carried.
(d) DESIGNATION OF SUPERINTENDENT OF PUBLIC BUILDINGS AND FIRE PROTECTON -
MARLIN TORGERSON
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
appoint Marlin Torgerson as Superintendent of Public Buildings and Fire
Protection. Motion unanimously carried.
(e) DESIGNATION OF SUPERINTENDENT OF WATERWORKS AND SEWERS - JOHN MLINAR
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
appoint John Mlinar as Superintendent of Waterworks and Sewers. Mo-
tion unanimously carried.
(f) DESIGNATION OF SUPERINTENDENT OF STREETS AND ALLEYS - PAT MIKULECKY
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
appoint Pat Mikulecky as Superintendent of Streets and Alleys. Mo-
tion unanimously carried.
(g) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO BURNS MANOR NURSING HOME
BOARD - JOHN MLINAR
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of John Mlinar to the Nursing Home
Board. Motion unanimously carried.
(h) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO HOSPITAL BOARD - MIKE CARLS
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of Mike Carls to the Hospital Board.
Motion unanimously carried.
(i) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO PLANNING COMMISSION -
MARLIN TORGERSON
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
. ratify the Mayor's appointment of Marlin Torgerson to the Planning
Commission. Motion unanimously carried.
3
CITY COUNCIL MINUTES - JANUARY 2, 1986
(j) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO PARK AND RECREATION BOARD -
PAT MIKULECKY
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of Pat Mikulecky to the Park and Recrea-
tion Board. Motion unanimously carried.
(k) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO AIRPORT COMMISSION -
PAT MIKULECKY
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of Pat Mikulecky to the Airport Commis-
sion. Motion unanimously carried.
(1) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO LIBRARY BOARD - MIKE CARLS
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of Mike Carls to the Library Board.
Motion unanimously carried.
(m) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO SAFETY COUNCIL - MARLIN
TORGERSON
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of Marlin Torgerson to the Safety Coun-
cil. Motion unanimously carried.
(n) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO PROBLEM SOLVING COMMITTEE -
PAUL L. ACKLAND
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of Paul L. Ackland to the Problem Solv-
ing Committee. Motion unanimously carried.
(o) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO HUTCH. HOUSING, INC. (HRA) -
JOHN MLINAR
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the,Mayor's appointment of John Mlinar to the Hutch. Housing,
Inc. (HRA). Motion unanimously carried.
(p) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO PUBLIC PARTICIPATION
ADVISORY COMMITTEE - JOHN MLINAR
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of John Mlinar to the Public Participa-
tion Advisory Committee. Motion unanimously carried.
(q) DESIGNATION OF COUNCIL'S REPRESENTATIVE TO TREE BOARD - PAT MIKULECKY
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
4
0
•
CITY COUNCIL MINUTES - JANUARY 2, 1986
• ratify the Mayor's appointment of Pat Mikulecky to the Tree Board.
Motion unanimously carried.
(r) DESIGNATION OF COUNCIL'S REPRESENTATIVE FOR LIQUOR STORE - JOHN MLINAR
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of John Mlinar to the liquor store. Mo-
tion unanimously carried.
(s) DESIGNATION OF COUNCIL'S REPRESENTATIVE FOR JUNKER SANITATION -
MARLIN TORGERSON
It was moved by Alderman Mikulecky, seconded by Alderman Torgerson, to
ratify the Mayor's appointment of Marlin Torgerson to Junker Sanita-
tion. Motion unanimously carried.
(t) CONSIDERATION OF APPLICATIONS FOR 1986 CIGARETTE LICENSES
It was moved by Alderman Torgerson to approve the applications and is-
sue the cigarette licenses. Motion seconded by Alderman Carls and
unanimously carried.
(u) CONSIDERATION OF ESTABLISHING DATE AND TIME FOR EVALUATION OF CITY
ADMINISTRATOR AND CITY ATTORNEY BY CITY COUNCIL
. It was the consensus of the Council that items 4 -(u) and 4(v) could be
combined into one meeting.
(v) CONSIDERATION OF ESTABLISHING DATE FOR ANNUAL REPORT AND GOALS AND
OBJECTIVES FOR 1986
The Council members established the date and time of January 30, 1986,
7:00 P.M., in the Fire Station Conference Room, to evaluate the City
Administrator and City Attorney and to review the annual reports.
(w) CONSIDERATION OF ESTABLISHING DATE FOR ORIENTATION OF MAYOR AND ELECTED
CITY COUNCIL MEMBERS
Following discussion, it was determined that only Mayor Ackland would
be involved for the entire orientation. Therefore, the City Adminis-
trator and Mayor will determine a date.
(x) CONSIDERATION OF VERIFIED CLAIMS FROM 1985
It was moved by Alderman Torgerson to authorize payment from the ap-
propriate funds. Motion seconded by Alderman Carls and unanimously
carried.
5. ADJOURNMENT
. Alderman Torgerson moved to adjourn the meeting at 7:30 P.M. Motion sec-
onded by Alderman Carls and unanimously carried.
5
•
E
•
ro +w C -404 - Period
in which
I
s.u... permits
issued
DECEMBER!
PLEASE MAIL ON OR BEFORE THE 4TH DAY OF THE MONTH
oer +nrnrat or co«.esca
au +a +u a•'we c....
(Presser nYn1e1 /,y arrva In Mnw Or aWrarr)
REPORT OF BUILDING OR ZONING
PERMITS ISSUED AND LOCAL
PUBLIC CONSTRUCTION
0103500 41 9 9999 065 a 111
26 B 2730
NOMEB PITTMA■ BLOB OFF
CENSUS USE ONLY
CITY ■ALL 37 BA6MIMTOM ATE VEST
BUTCBIILSON ON SS350
Has the geographic <eeerege a, M{s Permit
system changed during this PededT
® No ❑ Yes – Explain in comments
If no permits were issued during this
Bureau of the Census
loose recd theinstruaions before
period, onto 1X1 In ba and rNern MAIL
—'❑
THIS 1201 East Tenth Street completing
form. For further help,
krm
COPY TO JeflersonAlle,lnd, 47132 call
collect (301) 763 -7244.
Section 1 –NEW RESIDENTIAL HOUSE-
PRIVATELY OWNED
PUBLICLY OWNED'
Number
Number
Valuation of
construction
INm
KEEPING BUILDINGS AND
uudiit, Bou
u :`lm¢
MOBILE HOMES
Gals, tief
fOinlfrucm s/ Bulldin¢s
Nu°n"s'se
is)
(a)
Ibl
%IS
Idr
lel t$
te1
One - family houses, detached
101
.
One - family houses attached, each unit
separated from adjoining units) by a
wall that extends from ground to roof
102
Two - family buildings
Three- and four - family buildings
1104
Five -or -more family buildings
TOTAL (Sum of 107 -105)
3
6
216,580
Mobile homes
1 1
PRIVATELY
-------
OWNED
PUBLICLY
OWNED
Section 11 – NEW RESIDENTIAL HON-
Valuation of
Number
valuation of
HOUSEKEEPING
CMSlmction
conslNfl'.
s
Builtlin¢s
Rooms
BUILDINGS
tpmil cents!
'0mlr cmrsl
T2137�
ldl
lel
I❑
Hotels, motels, and tourist cabins
intended for transient accommodations
Other nonhousekeeping shelter
2141
1
Section. ill – NEW NONRESIDENTIAL
PRIVATELY
OWNED
PUBLICLY
ONMED
Number
valuation of
conatrupi °a
Number
Valuation of
construction
BUILDINGS
Item
No.
ildin8s
ousinH
units
Buildin
ousmH
units
t=cents/
fpnu cenrsl
lel
(al
Ion
10
Ion
le)
10
Amusement and recreational buildin s
318
Churches and other reli ious buildings
319
Industrial buildings
320
Parkin are es (open to eneral public)
321
Service stations and repair are es
322
Hospitals and other institutional buildings
323
Office, bank, and professional buildings
IJ241
Public works and utilities buildings
325
Schools and other educational buildin s
326
Stores and other mercantile buildin s
327
Other nonresidential buildings
328
1
750
Structures other than buildin s
3
Section IV – ADDITIONS AND
ALTERATIONS
c An increase in the number of housing
.. units (in the housing units column,
center only the number of additional
Ynits)
433
ms
No change in the number of
housing units
434
5
20 00
qN
u 2
A decrease in the number of housing
2 ?
units (in the housing units column,
enter only the number of decreased
ac m
units)
435
Residential garages and carports
(attached and detached)
436
All other buildmgs and strucrores
437
5
°'�
557,000
a,
1
�..� ........,,,.
�.,
60,000
.ar.cerr vas �►
17 Permits — $854,430 Total Valuation
Seafirin V - CONVERSIONS
PRIVATELY
OWNED
PUWLIC
LY OWNED
N"oh,
Vauatun of
Number
VHUahon of
I,-
N f
XI"
)
fOrv., M11J
Vl dingf
Nau"
cnIldl fpI
g
W,
Y nik
call.,
Id
Ibi
(II
fgl
Nonresidential
Nonresidential and nonhousekeepmg
buildings to housekeeping buildings
540
Housekeeping buildings to nonresidential
and nonhousekeeping buildings
541
Saeelon VI - DEMOLITIONS AND
RAZING OF BUILDINGS
One - family buildings attached
and detached
645
1
1
Two - family buildings
646
Three- and lour - family buildings
Five- o,nnore family buildings
L649
-
All other buildings and structures
5. #i.. VII - ADDITIONAL INFORMATION FOR INDIVIDUAL PERMITS OF 5500,000 OR MORE
Please provide in the space below,
additional information for each individual permit valued at $500.000 or more
entered in sections I through V.
lemfM
from
Sec.
Desaipnon
Name and address or
Omnership
Valuatiyn of
a,
Number of
Number
—V
owner or builder
hunk (X)
conshucn
housing
of
MB
(Dmll Lyn la)
units
buildings
lal
Ibi
Icl
Idl
(el
II)
Igl
Mind o Wilding
______________
E] Private
Site addusa
__________ ___
0PUblic
Kind of building
-- - - - - - - - - - ___
❑Private
Site address
_
0 Public
Kind OI Wilding
________________________
r] Private
____________________
Sik addreif
_______________________
❑Public
Nino! Of budding
____________________ ___
❑Private
______________
Sik adtlrtsf
_ __ ____________________
❑Public
Kind of Wilding
______________
_______________________
0Private
Sik adtlress
______________ _ _ _ _ _ _ _ _ _
[1] Public
Kind of Wilding
_______________________
Private
__________
Sik address
- _______________________
Public
Kind of Wilding
_______________________
Private
________________
Sri; address
K,M of Wilding
-- - - - - - - - - - - - - - - - - - - - - -
0Private
--------------- --- --
Sik atlmesa
c3 Public
Kind of Wilding
_______________________
El Private
____________________
Site address
_________________ _ _ _ _ __
E, Public
Comments
Name of person 10 contact regarding this report
Telephone
Homer Pittman
Area cotle Number Ealensicn
Title
Building Officio
_
E
0
MINUTES
• HUTCHINSON PLANNING COMMISSION
November 19, 1985
1. CALL TO ORDER
The meeting was called to order by Chairman Roland Ebent at 7:30 p.m. with
the following members present: Marlin Torgerson, Elsa Young, Don
Erickson, Larry Romo, Thomas Lyke, Shu -Mei Hwang and Chairman Ebent.
Members absent: None. Also present: City Administrator Gary D. Plotz,
Director of Engineering Marlow Priebe, Building Official Homer Pittman,
Assistant Building Official James Marka, Fire Marshal George Field, Fire
Chief Orlin Henke and City Attorney James Schaefer.
2. MINUTES
Mr. Erickson made a motion to approve the minutes of the regular meeting
dated Tuesday, October 15, 1985, as presented. Seconded by Mr. Hwang, the
motion carried unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF RENTAL HOUSING CODE ORDINANCE
Chairman Ebent opened the hearing at 7:30 p.m. with the reading of
• publication #348, as published in the Hutchinson Leader on Thursday,
November 7, 1985. The purpose of the hearing was to consider a rental
dwelling registration code ordinance as proposed by City staff.
City Administrator Plotz stated that this public hearing was not
required but voluntary on the part of the Planning Commission with
the sincere intent of getting public input. He explained that this
proposal had been in process for two or three years, and that staff
had researched what other communities the size of Hutchinson had been
doing. The proposed ordinance is a direct result of that research.
City Administrator Plotz continued by responding to concerns that had
been raised since the public had been made aware of the proposal. In
response to a comment that the purpose of the proposal was to raise
revenue for the City, he stated that this was a user -based ordinance,
much like a building permit. Some fees had been established, but at
this point, those fees could be looked at and reviewed. In response
to a comment that this was a prelude to some type of rent control,
Administrator Plotz stated that it was not. He didn't think there
was any type of rent control in the State of Minnesota. In response
to a comment made that this proposal was an attempt to get more
staff, Administrator Plotz stated that the Building Department felt
that they could carry out the registration and inspection process
without adding any staff.
• Fire Marshal George Field made a presentation regarding the
ordinance. He reviewed the basic requirements of the Uniform
Building Code, giving examples of types of nonconformance and
-Q, r4
remedies to those hazards. He stated that the main objective of the
staff in making this proposal is to provide a tool that will enable
them to apply the code among all the owners of property as well as •
safely protect the renters. At this time, the building department
can only act on complaints, and are receiving 50 -60 complaints per
year. He noted the biggest problem from a safety standpoint is when
a homeowner converts a single - family dwelling into rental units
without the necessary building permit. They may not be aware of the
safety standards and the city staff has no way of knowing they are in
violation. The result is a often a substandard unit, in terms of
safety features. Fire Marshal Field sited egress windows in basement
bedrooms as being one of the most common and dangerous of the
violations.
Building Official Pittman explained the basis for the fee schedule
that has been established, comparing it to the one in Northfield,
Minnesota. He stated that at this point, it was entirely
negotiable. He also explained the procedure they follow when they
receive a complaint, noting that a reasonable time frame is
established for the property owner to correct a violation. If the
situation is life threatening, the renter is advised not to remain in
the unit until it is corrected. The renter then makes--Fis own
decision.
Sondra Slyter, 565 Peterson Circle, landlord, asked why the ordinance
discriminates against the non - homesteaded property.
Fire Marshal Field responded that the "non- homestead" should not be •
on the form and that the proposal is for all rental housing.
Ms. Slyter asked why single - family, owner - occupied homes were not
going to be inspected.
Fire Marshal Field responded that there are seldom complaints against
owner- occupied single - family homes. Renters don't have the
opportunity to make changes. In some cases, people who want to buy a
home have contacted the City and we have looked at it then. New
construction meets the codes.
Mr. Richard Peterson, Valley View Apartments, asked if the renters
are so dipleased, cant' -t they just move out?
Fire Marshal Field responded they they have that option; however,
their choices are very limited. When faced with an unsafe situation
or not having a place to live, they most often choose the unsafe
situation. He added that many renters aren't aware of the hazards.
Mr. Wayne Kenning, 705 Milwaukee Ave., stated that there are, at
present, 45 rental units advertised in the local paper, and that he
didn't believe there was a shortage of rental units.
Mr. Peterson asked how many of the complaints pertain to multiple
units. •
Fire Marhsal Field responded that the majority of the calls are on
2
duplexes.
Mr. James McClure, 1301 Campbell Lane asked what is the most common
• violation.
Fire Marshal Field responded that egress windows is one of the most
common..
Mr. Marlin Torgerson asked Mr. Field to go through the procedure
they follow upon receiving a complaint.
Mr. Field explained that upon receiving a complaint, they first
discuss the problem with the property owner. Many times, the
problem can be corrected in a couple of hours (smoke detector, for
example). If the situation is life threatening, a letter sent to
the property owner will say that the person should not occupy the
facility. Then we determine ea realistic time frame for the owner
to comply. Often it is 30 days - the situation really dictates how
long is given.
Mr. Torgerson asked if he reinspects.
Mr. Field responded that he does. He further stated they have
sited people for noncompliance. Any violation is a misdemeanor.
It 's up to the judge to decide - up to $700 or 90 days in jai I.
That seldom happens. Most people comply.
Mr. Jim Marka, Assistant Building Official, stated that one of the
• problems is homeowners moving students into their basements.
Another is poor mobile homes. He stated that they have no control
over these situations unless they receive a complaint. He further
stressed that all that is required is the minimum safety standards.
Ms. Slyter stated that she thought the city should go from one end
of town all the way through -- that the same problems exist in some
private homes.
Mr. Pittman responded that there is nothing they can do about
single - family owner occupied homes, unless the problem is visibly
objectionable or unless they receive a complaint.
City Attorney Schaefer further explained that the difference lies
in the fact that the property owner who chooses to rent is now
offering a space to the public, making the operation a business,
over which the State has the right and duty to regulate.
Mr. Romo stated that the purpose of the hearing is not to determine
whether or not we are going to enforce safety, but simply how it is
going to be enforced.
Ms. Gloria Dansereau, 414 Larson St., homeowner and landlord, asked
how the City would prevent others from remodeling their homes
without building permits. She further asked how the City would
• find violators and how would they get the new ones to register.
3
y
Fire Marshfl Field sated that registering would be the responsibility
of the property owner. A notice requiring the registration would be
provided once a year.
Mr. Frank Fay, 970 Rolling Greens Lane, homeowner and landlord, •
asked of the 50 -60 complaints, how many cannot be resolved without
this rental registration? He also asked how many are servious, life -
threatening types of problems as opposed to complaints about plumbing
problems. He then asked how many fires have been directly caused by
these problems?
Mr. Marka responded that half of the complaints involve a life -
threatening violation. Usually there are many things found, upon
inspection.
Fire Chief Orlin (Butch) Henke responded that since he has been
Fire Chief, there have been at least 3, and probably 5 (fires caused
by these problems) in residential rental property.
Mr. Fay asked how much government we can afford in the City of
Hutchinson. He further stated that he had no complaint with what
the City stands to do, but that we have to look at the costs
involved - to the property owner, the renter and the City.
He stated that there would be additional cost to the City, noting
Northfield's intent to raise their fees after having an ordinance for
only a short time.
Mr. Fay asked if most of the problems are in a minority of apartments .
in Hutchinson? He said that in the time that he has been in
Hutchinson, the housing and quality of living standards are much
improved. For the investor, he continued, non - homestead taxes have
tripled and insurance costs have gone even higher. In Hutchinson a
landlord cannot get the high rents. There is negative cash flow property -
many just break even. When talking about resale, we are talking
about losses of thousands of dollars. Main Street properties have
been hit with off - street parking expenses as high as $20,000 (in his
own case). He noted the cost of sprinkler systems. (With these
costs) Mr. Fay continued, everybody on Main Street will be forced
out.
Mr. Fay added that except for July through September, there is not a
great demand for rental property. Renters have the right to move.
Mr. Fay stated that he is against rental registration, based on the
cost, and that he can't afford much more government.
Mr. Peterson stated that he is against this proposed ordinance.
Based on the figures given, he has determined that with complaints
at about the same rate, most problems should be corrected in two to
three years.
Fire Marshal Field responded that irregardless of the violations that
have been corrected, they are still receiving 50 - 60 complaints per
year. He further stated, that if these rental units comply with the •
standards as they are supposed to, the expense should not be so
great.
4
Mr. Peterson stated that he represents McGannon and has sent a
letter to them advising them to sell or lock up the apartments and
. leave them empty.
Mr. John Tapio, 635 Glen St. S., landlord, stated that in this last
year costs have almost doubled. He stated that even though the fee
may be proposed as $10 now, next year it may be increased to $100.
Discussion followed regarding particular requirements of the code
and expense involved in correcting violations - especially, the
size of egress windows, the cost of fire doors, the problem of
separation (walls and doors), etc.
Mr. Mike Maiers, 324 Boulder, stated his opposition to the proposed
ordinance. He asked if a complaint is received, does the City have
the right to inspect that property without this Ordinance?
Building Official Pittman responded that they do.
Mr. Maiers then asked why the Ordinance is necessary.
City Attorney Schaefer commented that many tenants don't know
what the standards are.
Judy Kopesky, 430 Shady Ridge Road, landlord, suggested that if the
problem is with vocational students that are renting, they should
be educated. She also asked that if there are problems discovered
. in a building, can it still going to be rented? She also stated her
opposition to the ordinance. She stated that the insurance company
inspects each apartment and if it satisfies the insurance agent, it
should certainly be up to code. She also stated that if the City is
going to come in to inspect, the property owner should be notified and
should be there during the inspection. She further stated that if
this ordinance is necessary, there should be no fee at all.
City Attorney Schaefer commented that this proposed ordinance does
not require anything that is not already required by State law, but
it serves to provide a way to determine that the landlord is
already providing what the law says he should provide.
Meg Mielke, Student Personnel Specialist at the Hutchinson
Vocational -Techinical Institute, stated that it is her job to
maintain housing for the Vo -tech students, and that she has not had
any complaints from students regarding safety concerns. She
further stated that we should make a point to educate the students
about what should be provided in terms of safe housing.
Bob Stearns, 375 1st Ave. NW, Mayor, stated that he understands
staff's interest in this subject as they are charged with enforcing
State and City laws and it is their responsibility. He stated that
this is an idea to work towards alleviating some of these problems.
He noted that he doesn't want government prying into private lives
. any more than they already do. He then stated his opposition to the
proposed ordinance, but added that we have to understand staff's
�rob lem. He stated that there are some students living in unsafe
conditions and asked if ,.= have to wait for a fire to kill a
couple of people (before something is done). Mayor Stearns then
stated that this ordinance may not be the way to go, but there might •
be something else we can do. He asked the audience if they could
come up with some other ideas.
Larry Wendorff, Rt. 3, landlord, stated that he does not want to see
government meddling in our investments. Taxes are going to
continue to go up with the farm situation the way it is. He stated
that if the costs get any worse, he is going to get rid of
everything, and he doesn't think this is what we want to happen.
City Attorney Schaefer noted that this is not just to protect
renters, but also landlords. Landlords should be thinking about
making improvements to bring their units into compliance even if
the ordinance is not adopted.
Jim McClure asked about what happens when the uniform building code
changes. He asked if windows put in according to code in 1980 will
be in compliance if the code in 1985 requires larger windows.
After discussion, it was the consensus of staff that they would be
"grandfathered in" if they complied when the structure was built.
Marvin Willhite, commented that if the City can already inspect, the
ordinance should not be necessary.
Director Priebe stated that the ordinance would provide a method of •
getting a handle on the rental units in the City so records can be
maintained.
Mr. McClure stated that he thought a list of the most basic
requirements should be provided, so that people can understand what
is required.
John Tapio asked why a 7 -unit building was going to be inspected more
than once. He also stated his opposition to the proposed ordinance.
Ron Horswell, Rt. 3, stated that other communities may have rental
registration, but the real estate taxes are lower there and they can
generate higher rental incomes. He stated this ordinance would force
people to sell.
COMMENTS FROM THE PLANNING COMMISSION:
Marlin Torgerson stated that he is not completely satisfied with
this method. He stated he would like to more input, that he is
against more government, and that he doesn't know how the City can
enforce the ordinance. He further stated that he is not satisfied
with this (proposed ordinance) right now, but that he can
understand why staff feels a need for it.
Elsa Young stated that she felt the idea of informing the Vo -Tech •
students, as they are probably the most endangered, is an excellent
idea. She added that it might be better to try other suggestions
before we try to levy some of these rules. She noted that you can do
a lot more with a little positive persuasion than by laying down more
• rules and regulations.
Don Erickson stated that he appreciated the input. Noting the
figures of 1100 rental units - 775 (new construction), he stated
that we're basically down to 350 possible ones - with 60 complaints
and 30 of those life threatening. He would like more information
and input on how to correct those problems. He is in favor of
educating the renters and the landowners, as well as the Yo -Tech
students, stating that it would be the best return on our investment.
Larry Romo stated that he cannot support the ordinance as it is
proposed. He feels that it is a big jump - from nothing to
everything. He would prefer to take it in steps, with education -
possibly public notice of penalties. He further stated that it
would cause too much of an economic problem to too many people.
Thomas Lyke stated that he would like to see the educational effect
on the Vo -Tech. He suggested that we see if the life- safety
complaints diminish over a year, as that seems to be the biggest
issue.
Shu -Mei Hwang asked if the City passed the proposed Ordinance,
would the City assume more liability? City Attorney Schaefer
responded that the only way the City would be liable would be if
they inspected a property, found a violation, but issued the
• certificate anyway.
Mr. Hwang questioned the need for the ordinance. He stated he
thinks we should look at the protection of the tenants. He
recommends that the City provide a service through the Hutchinson
Leader or the Vo Tech, letting people know that they can ask 5e
ity to inspect if they suspect a problem. There could still be a
registration just to know where apartments are.
Chairman Roland Ebent stated that he is basically in agreement with
the concept, but that not the method in which it is being obtained.
He noted that the Planning Commission had asked staff to look into
this and they have bees working on it for some time. He noted that
public sentiment seems to be that it isn't wanted or needed. He
suggested that when a property is conveyed an inspection might be
done, and when a person buys property, the purchaser should be told
of what needs to be done to bring it up to safety standards.
Judy Kopesky suggested that something be put in the rental column
of the newspaper to let renters know what is available to them, and
added that the Chamber of Commerce may want to put out a packet of
educational materials regarding this subject.
It was also suggested that real estate people become informed and
pass the information on to their clients.
Mr. Romo made a motion to close the hearing. The motion was
seconded by Mrs. Young. Mr. Erickson commented that he thinks
education is the direction we should take. The motion carried
unanimously and the hearing was closed at 9 :22 p.m. .
Mr. Torgerson made a motion to ask staff to come back with some
other ideas based on what was heard from the public. The motion
was seconded by Mrs. Young. Mr. Romo commented that the new
proposal should be given the same publicity by way of a public
notice so people will be aware of it. The motion carried
unanimously.
Recess: Chairman Ebent called for a 5 minute recess.
(b) CONSIDERATION OF REZONING AS SUBMITTED BY LARRY WENDORFF
Chairman Ebent opened the hearing at 9:30 p.m with the reading of
publication #3481 as published in the Hutchinson Leader on
Thursday, November 7, 1985. The request is to rezone property
located at 771 -775 Dale Street from R -2 to R -3 to allow a 4 -plex
on the property.
City Attorney Schaefer stated that there are restrictive covenants
on this property as recorded with the McLeod County Recorder.
Among the convenants it is stipulated there there shall be nothing
other than single - family dwellings in the Southview Subdivision.
He further stated that the covenants did not affect the rezoning
that was requested. If someone who owns property in the Southview
Subdivision objects to the use, he /she would have to pursue the
matter privately. Continuing to use the property as something
other than a single - family dwelling would be at Mr. Wendorff's own
risk.
Chairman Ebent asked if all the property owners in the Southview
Subdivision should be notified of the rezoning request. City
Attorney Schaefer responded that it would not be a legal
requirement.
Director Priebe stated that there has been a duplex on that
property since at least 1967.
Mr. Wendorff stated that he had it made into a 4 -plex in 1978,
unaware of the covenants or the zoning requirement. He's asking
for the rezoning so that he can put in off - street parking and
continue operating it as a 4 -plex. He intends to make all the
necessary changes as required by the Building Official. He spoke
to the neighboring property owners and they have no objection.
Mr. Hwang asked if business and professional offices could go there
if rezoned. City Attorney Schaefer responded that anything that is
allowed in an R -3 would be permitted once it is rezoned, noting
that most things not already allowed in an R -2 require a
conditional use permit.
After discussion, Mr. Torgerson made a motion to close the hearing. •
Seconded by Mrs. Young, the motion carried unanimously and the
8
hearing was closed at 9:42 p.m. Mr. Torgerson made a notion
recommend to City Council approval to rezone to R -3 as requested.
Seconded by Mr. Romo, the motion carried, with Mr. Hwang and Mr.
Erickson voting "no ".
(c) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY PURE
CULTURE PRODUCTS
Chairman Ebent opened the public hearing at 9:45 p.m. with the
reading of publication 5 3486 as published in the Hutchinson Leader
on Thursday, November 7, 1985. The request is for a conditional
use permit to allow the the installation of an 8" fire water main
with two fire hose stations, deluge rail car system and deluge
fermentor system, new rail car unloading bed with catch basin and
sump, new tank truck unloading slab with safety stations and
compressor house and new 8' chain link fence to enclose and protect
new property and equipment.
Building Official Pittman explained that the conditional use permit
is necessary because it is located in an IC -1 zone. The new
installations will be in the recently vacated street area.
Mr. Torgerson made a motion to close the public hearing. Seconded
by Mrs. Young, the motion carried unanimously and the hearing was
closed at 9:46 p.m. Mr. Romo made a motion to recommend to City
Council approval of the Conditional Use Permit as requested.
Seconded by Mr. Hwang, the motion carried unanimously.
. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF 'HELLAND'S SEVENTH
ADDITION" AS SUBMITTED BY TYRONE HELLAND
Chairman Ebent opened the public hearing with the reading of
publication 53485 as published in the Hutchinson Leader on
Thursday, November 7, 1985. The request is for approval of
preliminary and final plat to be known as "Helland's Seventh
Addition.'
Mr. Jeff Hart, 707 Shady Ridge Road, had some concerns about the
map that he received on his notice. (It was determined the map was
correct.) Mr. Charles Becker, 705 Shady Ridge Road was also
present to ask about how the plat is zoned and what type of
construction is allowed. Director Preibe responded that a portion
is R-1 and another portion is R -2. Construction must meet
ordinance requirements, noting we cannot discriminate against
manufactured homes if they meet the requirements. Director Priebe
also explained that this is part of an overall plan that had been
approved earlier. He also submitted his engineer's report
regarding subdivision agreement, improvements and parks and
playground contribution.
Mr. Hwang made a motion to close the hearing. Seconded by Mr.
Torgerson, the motion carried unanimously and the hearing was
. closed at 9:50 p.m. Mr. Torgerson made a motion to recommend to
City Council approval of the plat as presented. Seconded by Mr.
Hwang, the motion carried unanimously.
(e) CONSDIERATION OF AMENDMENTS TO SUBDIVISION ORDINANCE #466
Chairman Ebent opened the public hearing at 9 :50 p.m., with the •
reading of publication #3483 as published in the Hutchinson Leader
on Thursday, November 7, 1985. The amendments are part of
overall review done by the Planning Commission over the past
several months.
Mr. Torgerson made a motion to close the public hearing. Seconded
by Mr. Erickson, the motion carried unanimously and the hearing was
closed at 9:51 p.m. Mr. Romo made a motion to recommend to City
Council approval of the amendments as proposed. Seconded by Mr.
Hwang, the motion carried unanimously.
(f) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE #464, SECTION 6.09
Chairman Ebent opened the public hearing at 9:52 p.m. with the
reading of publication #3484 as published in the Hutchinson Leader
on Thursday, November 7, 1985. The proposed amendment deletes the
fee schedule from the ordinance and allow the City Council to
change the fees by resolution rather than by amending the ordinance
each time a fee is changed.
Mr. Romo made a motion to close the hearing. Seconded by Mr.
Torgerson, the motion carried unanimously and the hearing was
closed at 9:55 p.m. Mr. Hwang made a motion to recommend to City
Council approval of the amendment as proposed. Seconded by Mr. .
Torgerson, the motion carried unanimously.
4. OLD BUSINESS
None.
5. NEW BUSINESS
None.
6. ADJOURNMENT
There being no further business, the meeting was adjourned at 10 :15 p.m.
•
10
NOVEMBER
CITY OF HUTCHINSON FINANCIAL REPORT
- 1985 NOVEMBER
ENTERPRISE FUNDS
iREVENUE REPORT - LIQUOR FUND
NOV. YEAR TO
ADOPTED
BALANCE PERCENTAGE
ACTUAL DATE
ACTUAL
BUDGET
REMAINING
USED
LIQUOR SALES
37237.03
339364.81
410000.00
70635.19
0.83
WINE SALES
14051.39
114048.91
125000.00
10951.09
0.91
BEER SALES
44878.31
568379.69
590000.00
21620.31
0.96
BEER DEPOSITS
203.13
- 985.64
0.00
985.64
MISC. SALES
2901.27
29948.54
0.00
-29948.54
INTEREST
470.67
5661.27
CASH DISCOUNTS
- 198.33
- 2229.58
0.00
2229.58
TOTAL
99543.47
1054188.00
1125000.00
70812.00
0.94
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
12179.01
127143.81
132154.00
5010.19
0.96
SUPPLIES, REPAIR & MAINTENANCE
100.38
3318.05
4700.00
1381.95
0.71
OTHER SERVICES & CHARGES
1386.10
25049.70
29000.00
3950.30
0.86
MISCELLANEOUS
24.04
551.04
9050.00
8498.96
0.06
CAPITAL OUTLAY
981.00
5039.39
13700.00
8660.61
0.00
DEBT SERVICE
0.00
0.00
5110.00
5110.00
0.00
TRANSFERS
0.00
65000.00
110000.00
45000.00
0.59
COST OF SALES
68353.56
799902.46
831050.00
31147.54
0.96
. OTHER
0.00
9490.00
9490.00
0.00
TOTAL
83024.09
1026004.45
1144254.00
118249.55
0.90
REVENUE REPORT - WATER
SEWER /FUND
FEDERAL GRANTS
0.00
5826.00
0.00
- 5826.00
0.00
WATER SALES
35461.36
407512.46
460000.00
52487.54
0.89
WATER METER SALES
688.50
6930.50
5000.00
- 1930.50
1.39
REFUSE SERVICES
22904.38
237278.01
236000.00
- 1278.01
1.01
SEWER SERVICES
43755.08
505262.42
615000.00
109737.58
0.82
EPA SALES
12432.65
79664.47
PENALTY CHARGES
611.87
6966.04
6300.00
-666.04
0.00
INTEREST EARNED
0.00
15878.91
28000.00
12121.09
0.57
REFUNDS & REIMBURSEMENTS
662.49
1636.75
2000.00
363.25
0.00
OTHER
0.00
1859.82
2500.00
640.18
0.74
TOTAL
116516.33
1268815.38
1354800.00
85984.62
0.94
EXPENSE REPORT - WATER
SEWER /FUND
OPERATIONS
21633.75
237885.58
238000.00
114.42
1.00
.WATER
16085.20
555725.99
1068928.00
513202.01
0.52
SEWER
233398.15
1178770.37
630142.00
- 548628.37
1.87
TOTAL
271117.10
1972381.94
1937070.00
- 35311.94
1.02
NOVEMBER CITY OF HUTCHINSON FINANCIAL REPORT - 1985 NOVEMBER
REVENUE REPORT - GENERAL FUND NOV. YEAR TO ADOPTED BALANCE PERCENTAGE
ACTUAL
DATE ACTUAL
BUDGET
REMAINING
USED
TAXES
79019.32
936481.56
1233985.00
297503.44
0.76
LICENSES
118.75
16649.00
17000.00
351.00
0.98
PERMITS AND FEES
17750.76
101328.72
45700.00
- 55628.72
2.22
INTER- 60VERNMENT REVENUE
183516.33
1027709.64
903321.00
- 124388.64
1.14
CHARGES FOR SERVICES
15256.90
403177.85
374345.00
- 28832:85
1.08
FINES & FORFEITS
3155.78
26024.70
23000.00
- 3024.70
1.13
MISCELLANEOUS REVENUE
11218.47
150596.30
182384.00
31787.70
0.83
CONTRIBUTIONS FROM OTHER FUNDS
39499.00
306999.00
479000.00
172001.00
0.64
REVENUE FOR OTHER AGENCIES
1591.15
4431.83
300.00
- 4131.83
14.77
TOTAL
351126.46
2973398.60
3259035.00
285636.40
0.91
EXPENSE REPORT
GENERAL FUND
MAYOR & COUNCIL
1605.46
27272.16
27960.00
687.84
0.98
CITY ADM. /CITY CLERK
10031.62
115304.43
124809.00
9504.57
0.92
ELECTIONS
278.12
2168.95
9346.00
7177.05
0.23
FINANCE
11762.36
169044.01
188659.00
19614.99
0.90
MOTOR VEHICLE
4853.19
59919.90
66276.00
6356.10
0.90
ASSESSING
0.00
19671.60
19672.00
0.40
1.0
LEGAL
1283.93
30118.79
41618.00
11499.21
0.7�
PLANNING
1056.30
5207.54
26475.00
21267.46
0.20
CITY HALL
3970.38
32884.11
41151.00
8266.89
0.80
POLICE DEPARTMENT
65369.53
667578.09
701951.00
34372.91
0.95
FIRE DEPARTMENT
1781.67
127112.94
109938.00
- 17174.94
1.16
COMMUNITY SERVICE OFFICER
1738.51
29345.05
34228.00
4882.95
0.86
PROTECTIVE INSPECTIONS
5926.08
67893.63
74279.00
6385.37
0.91
CIVIL DEFENSE
18.00
341.57
1175.00
833.43
0.29
SAFETY COUNCIL
0.00
0.00
150.00
150.00
0.00
FIRE MARSHALL
2784.77
34584.64
39576.00
4991.36
0.87
ENGINEERING
13213.09
160318.67
168649.00
8330.33
0.95
STREETS & ALLEYS
27911.15
323027.66
356499.00
33471.34
0.91
STREET MAINTENANCE A/C
6775.38
62152.09
68825.00
6672.91
0.90
LIBRARY
- 441.18
65134.93
62314.00
- 2820.93
1.05
SENIOR CITIZEN CENTER
3910.07
46216.08
37683.00
- 8533.08
1.23
PARK /REC. ADMIN.
5171.96
56047.55
76353.00
20305.45
0.73
RECREATION
5354.38
90877.39
98204.00
7326.61
0.93
CIVIC ARENA
12041.64
105932.35
113192.00
7259.65
0.94
PARK DEPARTMENT
35063.10
335235.73
342028.00
6792.27
0.98
RECREATION BUILDING
228.00
228.00
13728.00
13500.00
0.02
CEMETERY
2425.43
35166.43
41036.00
5869.57
0.86
COMMUNITY DEVELOPMENT
2336.78
24991.01
32550.00
7558.99
0.77
LANCON
3474.38
89006.61
17125.00
- 71881.61
5.20
DEBT SERVICE
0.00
38946.10
45946.00
6999.90
0.85
AIRPORT
1313.27
44935.21
60925.00
15989.79
0.7*
TRANSIT
4937.24
65946.52
81625.00
15678.48
0.8
UNALLOCATED
14622.71
266259.67
135090.00 - 131169.67
1.97
TOTAL
250797.32
3198869.41
3259035.00
60165.59
0.9B
M E M 0
HUTCHINSON
FIRE DEPARTMENT
205 Third Avenue South East
HUTCHINSON, MINNESOTA 55350
Chief -Orlin "Butch" Henke
DATE December 23, 1985
TO: MAYOR AND CITY—COUNCIL — — — — — — — — — — — — — — — — — — — — — — — — — — — —
FROM: BUTCH HENKE FIRE CHIEF
— — — — — — — — — — — — — — — — — — — — — — — — — --- — —
SUBJECT: — APPOINTMENT OF—OFFICERS FOR 1986
— — — — — — — — — — — — — — — — — — — — — — — — — — —
At our regular meeting December 2, 1985 we held our elections for
Officers for 1986, with the following results.
Fire Chief
Orlin H Henke
1st Asst Chief
Richard Popp
2nd Asst Chief
Bradley Emans
• Captains 5 ea.
Randy Redman
Howard Riggle
Jon Burks
John Reynolds
Jim Brodd
Lieutenants 5 ea.
Dave Franzen
Craig Almquist
Tom Pessek
Tim Schloeder
Edwin Homan
Secretary
Larry Thompson
Treasurer
Gary Henke
Request that the Firefighters listed above be appointed to these
positions by the City Council.
•
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
January 9, 1986
Mayor Paul Ackland and Members
of the Hutchinson City Council
RE: Melvin Klockmann
Dear Mayor Ackland and Councilmembers:
On December 17, 1985 Melvin Klockmann entered into a
plea agreement with the McLeod County Court. According to the
terms of that agreement Mr. Klockmann entered a plea of guilty
to the offense of Maintaining a Public Nuisance. The Judge
would take this plea under advisement for sixty (60) days
• during which time Mr. Klockmann was to remedy the situation in
a manner which would be acceptable to building official, Homer
Pittman. On the 17th day of December, 1985 I contacted by
letter all the individuals listed on the April 25, 1985
petition filed with the city of Hutchinson. This letter
informed the signers of the agreement reached and the outcome
of the hearing. I am enclosing a copy of that letter for your
inspection.
On December 26, 1985 I contacted Melvin Klockmann by
letter reminding him of the terms of the agreement and
requested that as the materials and area is improved he should
contact Mr. Pittman so that Mr. Pittman can keep track of the
progress. A copy of this letter is enclosed.
On this date I have contacted Mr. Klockmann again. A
copy of this letter is also enclosed.
If you have any questions concerning this matter,
please feel free to contact me directly.
Sincerely yours,
CITY OF HUTCHINSONN
4By/ �f� 1��+
• James H. Schaefer
Hutchinson City Attorney
JHS:dlp
Enclosures
�-a. (2)
(612) 587 -5151
%1U7CH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
December 17, 1985
William Merkins
566 Franklin Street
Hutchinson, MN 55350
RE: Melvin Klockmann, 545 Franklin Street
Dear Mr. Merkins:
On April 25, 1985 you and many of your neighbors
signed a petition requesting the City Council of the City of
Hutchinson to require Mr. Melvin Klockmann to remove the junk,
debris, unhoused pipe, lumber and machinery from the yard of
his property located at 545 Franklin Street, Hutchinson,
Minnesota. Although some improvement was made the city was
. unable to obtain complete compliance on a voluntary basis. As
a result a Complaint- Summons charging Mr. Klockmann with the
misdemeanor offense of Maintaining a Public Nuisance in
violation of Hutchinson city Ordinance Section 1025:10 was
issued. At the initial court appearance Mr. Klockmann entered
a plea of not guilty and requested a jury trial. A pretrial
conference was scheduled at which time this matter was
certified as a petty misdemeanor. By certifying the charge a
Petty Misdemeanor the necessity of a jury trial was avoided.
On Tuesday, December 17, 1985 Mr. Klockmann appeared before
the Honorable Kenneth Bull, County Court Judge. At that time
Mr. Klockmann entered a plea of guilty to the offense as
charged. Present at that hearing were myself as City
Attorney, Building Official Homer Pittman and Assistant
Building Inspector James Marka. Judge Bull took
Mr. Klockmann's plea under advisement and directed that he
meet with Mr. Pittman and establish a schedule that will
remove the junk, debris, unhoused pipe, lumber and. other trash
to an extent acceptable to Mr. Pittman within sixty (60) days.
If within sixty days the public nuisance has not been removed,
Mr. Klockmann will be returned to court to have the plea
entered and sentence imposed. The maximum sentence for a
petty misdemeanor is a $100 fine. It should be noted that
maintaining a public nuisance is a petty misdemeanor that is
considered a continuing offense. This means that the
• individual can be convicted and fined for each day for which
the offense continues.
� -Q (/�2)
0
Page Two .
I have appreciated your cooperation and. patience in
this matter. Hopefully with the help of the McLeod County
Court System the property can be brought into compliance with
acceptable neighborhood standards.
Sincerely yours, y
CITY OF HUTCHINSON
Bye
James H. Schaefer
Hutchinson City Attorney
JHS:dlp
This letter was sent to all the names listed on the April 25, .
1985 Petition against Melvin Klockmann.
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(612) 587.5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
December 26, 1985
s
Melvin Klockmann
545 Franklin Street
Hutchinson, MN 55350
RE: Public Nuisance
Dear Mr. Klockmann;
This is a reminder that according to the terms of the
plea agreement entered into on December 17, 1985 you agreed to
up
have the area surrounding nthis45date Street
requested Romer
within sixty days.
Pittman to conduct a visual inspection to determine what
progress, if any, you have made towards accomplishing this
task. I would note that during the last two weeks there have
been two periods of above freezing temperatures which should
have greatly aided your ability to remove the objectionable
materials. As these materials are removed and improvements
made, you should contact Mr. Pittman so that he can keep track
of what remains to be done.
Sincerely yours,
CITY OF HUTCHINSON
By/
James H. Schaefer
Hutchinson City Attorney
JHS:dlp
cc: Paul Ackland
F(612) 587 -5151
ITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
January 9, 1986
Melvin Klockmann
545 Franklin Street
Hutchinson, MN 55350
RE: Public Nuisance
Dear Mr. Klockmann:
On this date I discussed the status of your property
and the area surrounding 545 Franklin Street with Homer
Pittman. Mr. Pittman has indicated that little or no progress
has been made since the December 17, 1985 court date. I would
remind you that at that time you agreed to have the area
improved to the satisfaction of Mr. Pittman within sixty days.
If this is not done, the plea that you entered on December
17, 1985 will be entered and you will be brought back before
the court for sentencing. You should be aware that the
maximum sentence you can receive is a $700 fine and ninety
days in jail. Although it is doubtful that the maximum would
be awarded without your cooperation in resolving this matter
within the agreed upon time frame, I can make no guarantees as
to what a court would do with the disposition of your
sentence. Hopefully this will not be necessary and the matter
will be taken care of by the expiration of the sixty -day time
frame.
Again, I urge you to keep in close contact with Homer
Pittman so that we may monitor your progress and avoid any
last minute complications.
Sincerely yours,
CITY OF HUTCHINSON
Hy/
James H. Schaefer
Hutchinson City Attorney
JHS:dlp .
cc: Paul Ackland &
City Council
'� -'5� ��I)
•
(612) 587 -5151
%�!/TLH� CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
January 9, 1986
Mayor Paul Ackland and the
Hutchinson City Council
RE: Gutormson Property
Dear Mayor Ackland:
In a prior report on this subject I indicated that I
had received a letter from Mrs. Jean Turner, owner of the
property located at 895 Dale Street. In that letter the owner
stated, "I have looked into having the shed removed and
learned it would cost me several hundred dollars - -which I
don't have - -I agree it should be removed but until I can
afford it there isn't much I can do - -the place is for sale and
has been since July." I then reported that Section 1040:35 of
the Hutchinson City Ordinances permits the city to cause to be
removed any public nuisance and have the cost of such removal
certified to the property owner's taxes. Discussions with
Homer Pittman indicated that the cost to the city to remove
the structure would be about $150. At that time Mr. Gutormson
and Mrs. Turner were agreeable to having the city remove the
structure and assessing the costs. At that time the matter
seemed to be resolved.
After discussing the matter with Ralph Neumann, it was
determined that the city for purposes of liability limitations
should not itself remove the structure. Two bids were taken
for the removal of the structure with the high bid being
$1,200 and the low bid being $670. The low bid was nearly 4z
times the original estimate of the cost of removal.
Mrs. Turner was reluctant to have that amount certified to her
taxes since she felt that it may adversely affect the sale of
the property and also since the property was nonhomestead her
property taxes had increased dramatically in the last year and
she was having difficulty making the payments without the
assessment. After considerable discussion I contacted Mrs.
Turner by letter dated December 26, 1985 and enclosed a copy
of a proposed agreement which would give Mrs. Turner
Mayor Ackland and Council
January 9, 1986
Page Two
approximately 90 days in which to remove the building at her
own expense. In that agreement Mrs. Turner agrees that if she
has not removed the building within that 90 -day time frame,
the city may through open contract have the building removed
and add that to the property taxes on the property by special
assessment. I feel that this is advantageous since it permits
Mrs. Turner the flexibility of having the property removed at
her own expense, does not place the city in the position of
forcing an individual to expend $670 yet gives us the legal
basis for having the property removed on a specified date if
no action is taken and allows us to assess the cost of such
removal directly to Mrs. Turner. This agreement would also
limit Mrs. Turner's ability to appeal any assessment based
upon the removal or demolition of the structure.
I have received the copy forwarded to Mrs. Turner back
properly acknowledged by Mrs. Turner. I would urge approval
of this agreement by the City Council as a means of resolving
this matter in a manner acceptable to all parties.
Sincerely yours,
CITY OF HUTCHINSON
By/ ---0 4 1 1
James Schaefer
Hutchinson City Attorney
JHS:dlp
•
•
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
December 26, 1985
Jean Turner
7425 123rd Street West
Apple Valley, MN 55124
RE: Property at 895 Dale Street
Dear Mrs. Turner:
In our past discussions we have both agreed that the
storage shed located at 895 Dale Street is in a dilapidated
condition and should be removed as soon as possible. We have
agreed that it would be in your best interests to have the
. shed removed and that such removal would in all likelihood
make the property more saleable. The main stumbling block to
the removal appears to be the cost involved and the likelihood
that the property may soon be sold. I have prepared an
Agreement for your signature which attempts to resolve these
problems. In exchange for your signing this Agreement the
city would forego any administrative actions either civil or
criminal that it may have against you. In exchange for the
city foregoing any such action you would agree to have the
storage shed removed or demolished by March 31, 1986. This
gives you over three (3) months to either have the property
sold or arrange for the removal of the building. If you fail
to remove the building by March 31, 1986 the city would then
be free to have the building demolished by independent axea
contractor and to have the cost added to property
through special assessments. I beleive that this Agreement is
reasonable and offers you a sufficient amount of time to have
the matter resolved but still gives me a firm date that I can
take to the City Council for their action. If this Agreement
is acceptable to you, please sign it and return it to my
office at your earliest convenience.
Sincerely yours,
CITY OF HUTCHINSON
0 8y/
James H. Schaefer
Hutchinson City Attorney
JHS:dlp —Z�e �12-)
A G R E E M E N T •
WHEREAS, Jean Turner is the owner of real estate
located at 895 Dale Street, Hutchinson, Minnesota legally
described as: Lot Two (2), Block Two (2), Albert's First
Addition and;
WHEREAS, there is curfently situated upon said
property an approximately 46' x 20' storage shed, and;
WHEREAS, said structure is in a dilapidated condition
of decay sufficient to constitute a public nuisance under the
provisions of Hutchinson City Ordinance 1025:15 Subd. 4, and;
WHEREAS, Jean Turner and the City of Hutchinson are
desirous of rectifying said public nuisance by the removal of
said structure;
NOW, THEREFORE, Jean Turner and the City of Hutchinson
hereby agree: . •
1. That in exchange for the City of Hutchinson
foregoing any administrative actions, either civil or
criminal, it may have against Jean Turner, Jean Turner agrees
to have said storage shed removed or demolished at her ovn
expense no later than March 31, 1986.
2. That in the event Jean Turner fails to have said
storage shed removed or demolished by March 31, 1986, Jean
Turner consents to the City of Hutchinson causing said removal
or demolition through open contract and to having the cost of
said removal or demolition added to property taxes on said
property through special assessment.
Jean Turner
Mayor, City of Hutchinson •
Attest, City Clerk
,
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1986 RETAIL LIQUOR CONVENTION -- TENTATIVE SCHEDULE
f## tf tf ixr## t# t#+ t# f#f rtif# tf itrf i##### x#### t#r#f tr# f # #t#tifxitf# # #iriit #irixf #frrf xf #txr4r #eftffN
SUNDAY, FEBRUARY 2, 1986
11:00 A.M. -- Registration Open ($40.00 in advance; $55.00 at door; $20.00 for one
day with no meal functions)
-- Trade Show Open
-- Hospitality Rooms Open
2:00 P.M. -- Educational Seminars
Dram Shop - - - -- Availability? And at what price?
Package Store Shelf Management
ZI- 4:00 P.M. -- Trade Show Open
6:30 P.M. -- Rums of Puerto Rico Reception •
8:00 P.M. -- Hospitality Rooms Open
— - Casino Night - - -- Your Money Looks Counterfeit, So We Provide The Dough;
Your I.D. Looks Phony, So We Frisk You Instead;
But You Look Good If You Know The Password
MONDAY FEBRUARY 31 1986
8:00 A.M. -- Breakfast
9:00 A.M. -- General Business Sessions
Return of the NEVER READY FOR PRIME TIME PLAYERS starring
Duffy The Bartender
Legislative Report
Initiatives in Neighboring States
State of the Industry
Twenty One And Holding -- Mike Berkeley
Duffy
Noon -- Industry Sponsored Luncheon
r,
1:30 P.M. -- Trade Show Open
3:30 P.M. -- Individual Business Sessions
Minnesota Licensed Beverage Association
Minnesota Municipal Liquor Stores, Inc.
6:30 P.M. -- Wine Tasting
8:00 P.M. -- Dance
-- Hospitality Rooms Open
TUESDAY, FEBRUARY 4, 1986
8:00 A.M. -- Breakfast
9:00
A.M. --
Minnesota Municipal
Liquor Stores, Inc. - - -- Elections 8 Rap Session
is
- Trade Show Open
10:00
A.M. --
Educational Seminar:
Panel Discussion on CHARITABLE GAMBLING
11:00
A.M. --
Ask Liquor Control!
The Proposed 16 New Rule Changes
Noon --
Industry Sponsored
Awards Luncheon
:'Q
P.M. --
Adjournment
_ _
PRESIDENT
Arville Thompwn
Detroit Lakes
VICE PRESIDENT
Chuck Peterson
Edina
SECRETARY
Bonnie Shea
Apple Valley
TREASURER
James Van Hyha
Marshall
DIRECTORS
DIRECTOR -AT -LARGE
Bill Voller
AleaanMis
DISTRICT i
all Weinknecht
Kasson
DISTRICT 2
Dick Ris icher
Slayton
DISTRICT 3
James Van Hyhe
Marshall
DISTRICT 4
Arville Thompson
Detroit Lakes
DISTRICT 5
Bill Baresh
Moose Lake
DISTRICT 6
Dale Doerr
Spring Lake Park
Dale Larwn
Champion
Bob McGuire
Fridley
Chuck Peterson
Edina
Bonnie Shea
Apple Valley
EXEC SECRETARY
Lyndon Griffin
MINNESOTA
.def"I ft Sty
+ INCORPORATED
An organization composed of the municipally- operated Dispensaries of Minnesota
December 8, 1985
Dear Liquor Manager & Key City Officials,
The 1986 Retail Liquor Industry Conference & Convention will be with
us soon and the program appears better than ever but then the challenges
confronting our industry are greater than ever. Highlights include:
1. Several Educational Seminars including programs on Dram Shop
Price & Availability; Package Store Shelf Management and
a panel Discussion on Charitable Gambling (there are legal
ways for municipal liquor stores to participate);
2. Industry Sponsored Meal Functions & Product Tastings;
3. One of the finest liquor industry Trade Shows in the nation;
4. Detailed MMLS Business Sessions & Director Elections;
5. Presentations by industry leaders, both local and national;
6. Return of the Never Ready For Prime Time Players starring
Duffy The Bartender;
7. Detailed review of the Legislative Issues for 1986;
8. Dancing, and entertainment with most functions; and
9. Return of the fabulous Rums of Puerto Rico Cocktail Reception.
Register in Advance! The $ 40.00 Advance Registration Fee is a
real bargain, less so at $ 55.00 for at the door registration. We
are continuing again this year the practice of allowing a special
$ 20.00 (no meal functions) registration fee per day to help promote
attendance of all employees of some stores. The Radisson Hotel St. Paul
on Kellogg Boulevard has just been completely remodeled in the Lobby.
This old Hilton was never shabby but is now spectacular! A detailed map
is included with this mailing to show exact details for parking. Sunday
arrival is the best bet for good parking ... be sure to drive through the
"Full Sign" on the Hotel Ramp. The "Full Sign" is meant to discourage
non - convention users.
Don't Miss This Convention,
Detroit Lakes Municipal Liquors
10001 Goon• ch + 8lcomington, MN 55437 • 612 835.2035
C,
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V (612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0
DATE: December 17, 1985
TO: Mayor and City Council
FROM: Director of Engineering
RE: City Property at Prospect St. and Hwy. 7 East
I asked Mr. Barger to review our situation at the Water Plant Site again, due
to the additional facilities inplace and the amount of money the City has
invested in the site, with the thought that the City should look at that site
for at least 30 years and possibly 50 years.
The attached letter from Mr. Barger outlines the City's future use of the
present site and what should be considered before the Police Station
progresses too far at the above- referenced site.
•
MVP/PV
attachment
cc: Dick Nagy
Ralph Neumann
Ken Merrill
l�I
Xa,44r(_,1v. -�
Marlow V. Priebe
Director of Engineering
December 10, 1985
Mr. Marlow Priebe
City Engineer
City of Hutchinson
37 Washington Avenue West
Hutchinson, MN 55350
RE: Water Treatment Facilities
RCM Project No. 761014 -2
Dear Mr. Priebe:
In response to your request, I have reviewed our past responses regarding
the city owned property on the northeast corner of Prospect Street and
Fourth Avenue.
As you are aware, the easterly lot is surrounded on the north and east by
v the water treatment facilities. Proposed expansion calls for the
deke construction of two additional water supply wells in this portion of the
carroty water plant site. Any proposed use of these lots must be compatible with
muMer and permit construction of these future water supply wells . Likewise
assodates'kic' drainage must be maintained to the south from the backwash overflow
architects
engineers manholes Nos. 4 and 5.
land surveyors
The present water well construction code requires that a public water
supply well be located at least 50 feet from a property line. In addition,
consideration shall be given to sources of contamination from adjacent
property. This requirement is construed to require 150 feet from the
preparation area or storage areas of spray materials, commercial
fertilizers or chemicals that may result in pollution to the soil or
groundwater. Two of these proposed three lots fall within the 150 radius of
the proposed well locations.
-�
Therefore, if these lots are sold for commercial use, restriction will have
to be imposed regard future use. Unless restrictions are placed in the
future use of ese lots, we would recommen re en ion of the lots by the
City.
If you have any additional questions regarding these lots, please contact
me.
Charles S. Barger,
RIEKE CARROLL
1011 first street south CSB:j j
post office box 130
hopkins, minnesota 55343
612- 935.6901
R ASSOCIATES, INC.
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(612) 587 -5151
JWCITY OF HUTCHINSON
WASHINGTON AVENUE 'WEST
TCHINSON, MINN. 55350
January 7, 1986
TO: Mayor and City Council
FROM: Police Facility Task Force
It is the recommendation of the Police Facility Task Force
that the architectural firm of Thorbeck and Lambert, Inc. be retained
by the City of Hutchinson for the purpose of designing the prospective
police department building.
Attached you will find a letter from the above firm which
describes the fee schedule.
This recommendation is a result of lengthy consideration of
several firms and other alternatives and is the unanimous recommendation
of the committee. We urge you to take action so that we can proceed
as quickly as possible.
0
Z
1409 Willow Street
Minneapolis, Minnesota 55403
612/871 -7979
0
Thorbeck & Lambert, Inc.
Architects
December 31, 1985
Chad Piehl, Chairman
Police Station Bldg Committee
755 Maple
Hutchinson, MN 55350
Dear Chad,
We propose a fee of 81% of construction cost for this project.
This will be for all architectural work and all structural, mechan-
ical, and electrical engineering services, including on -site
Inspections of the construction. Because of the complex nature
of the design and working drawings for a police station, the fee
is slightly higher than that for other buildings of this size.
Traditionally, our work is divided into five phases as follows.
• For convenience we have assumed a $9000,000 construction budget
with total fees equalling $76,500.
Phase Hof work & fee
Schematic Design 15
Design Development 35
Construction Documents 75
Bidding 80
Construction 100
Total amount of fee paid
at end of phase
$11,475.00*
$26,775.00
$57,375.00
$61,200.00
$76,500.00
*Schematic cost estimate will be accurate within 10%
We suggest the best way to proceed with this project is for us to
begin our work and make progress presentations to the council at
the end of Phase I and It and midway through Phase III. Each pre-
sentation would include a cost estimate. As the project progresses
through these phases, the cost estimates become more and more
accurate. Of course, the final cost will be determined after 80%
of our work when we have the contractors bids. This method will
keep the council aware of the costs as the project progresses, and
the project can be cut back if it is considered too expensive.
If at any time, as the project progresses through the phases above,
• the city decides to stop the work we will be paid for only the
/ —Y
4
pp 2 -
work we have done.
The initial $5000 paid to Thorbeck d Lambert, Inc. was for pro-
gramming described in the standard contract as a special service
and is in addition to the amounts given above.
I have included a work schedule related to our fees.
Sincerely,
Robert Lambert
RL /mj
Enc
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(612) 587 -5151
• ?/!/llH" CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
January 9, 1986
Mayor Paul Ackland and
Members of the Hutchinson City Council
RE: Architect's Agreement for Hutchinson Police Station
Dear Mayor Ackland and Councilmembers:
Chad Piehl, Chairman of the Police Facility Committee
has requested that I review the proposed Agreement Between
Owner and Architect covering the architectual costs for the
plan Hutchinson Police Station. The documents provided are
the standard American Institute Of Architects contract which
we have utilized in the past. The provisions of this contract
•
are acceptable; and if executed, binding upon all parties.
Although the document is in acceptable legal form I can make
no comment concerning the percentage or amount of total
compensation contemplated by the contract. This is a matter
for council discretion and negotiation.
Sincerely yours,
CITY OF HUTCHINSON
By/ , )W+
James H. Schaefer
Hutchinson City Attorney
JHS:dlp
Ce
_Y
TO: Police Station Facility
City of Hutchinson
Hutchinson, Minnesota 55350
FROM: Metro Building Systems, Inc
4401 85th Avenue North
Minneapolis, MN 55443
DATE:
SUBS: Project Design -Firm Price Contract
THIS CONTRACT MUST BE ACCEPTED
BYMarch 1, 1986 OR THE STATED
PRICE IS NULL AND VOID.
Metro Bldg. Sys. will complete all drawings and specifications as defined below.
Any or all of the design steps may be accepted by the Owner but the steps must be
accepted in order, and all steps must eventually be accepted to attain a firm price
quotation.
Two thirds (2/3) of the cost of each step is due at the signing with the balance
being due upon completion of that step, except should all the steps be accepted
initially 25% of the total will be due upon signing, 60% when all of the drawings
have been completed and the balance when the firm price is submitted.
Step 1. When this step is accepted, the following items will be prepared:
a. A preliminary floor plan. b. Two elevation drawings.
c. A preliminary site plan. d. A within 10% project estimate.*
*Based on receiving the proper preliminary information from the Owner.
Fee for Step 1. $8.500.00 Down Payment $750.00
Accepted by Date
Step 2. When this step is accepted,
a. Final floor plan(s).
c. Final site plan.
e. Room finish schedule.
g. Window Schedule.
Fee for Step 2
Accepted by
the following items will be prepared:
b. Final elevations (4).
d. Concrete drawings.
f. Door Schedule.
h. Firm price on the general
construction (building, concrete,
doors, windows, interior finish,
etc.)
$15 , 8(1(1.00 Down Payment
Step 3. When this step is accepted, the
a. Plumbing floor plan.
c. Plumbing fixture schedule.
e. HVAC Plan.
g. Electrical plan.
i. Fire protection sprinkler p
Fee for Step 3. $15.500.00
Accepted by
Date
following items will be prepared:
b. Plumbing schematic.
d. City water & sewer.
f. HVAC equipment schedule.
h. Electrical fixture schedule.
lan (if des
Down Payment $10400.00
pg 1 of 2
Date
CO
Step 4. When this step is accepted, the following items will be prepared:
Total project price including the following items: Site Preparation,
General Construction, Plumbing, HVAC, Electrical, City Water 6 Sewer,
and Fire Protection Sprinkler System (if required).
Fee for Step 4. $3 000.00 Down Payment $2 000.00
Accepted by Date
OPTIONAL ITEM
If the Owner desires to accept all of the steps initially, the total price for
preparing all of the above may be reduced by ( c 4 000.00 _) and the pay-
ments shall be: $9,625.00 down; $ 23.100.00 upon completion of the
drawings and $ 5 775 00 upon submission of the firm price.
NOTE: The final contract price will then be determined thusly:
Project cost including site work, building, concrete floors and foundations,
interior finishing, insulation, doors, glazing, painting, plumbing, city
water and sewer, HVAC, electrical, sprinkler (if required), and professional
engineering and mechanical handling.
Total Project Price $
Less Project Design CREDIT $
Your Final Price $
*This CREDIT shall consist of the totals of Steps 1 thru 4, except should the
• Option be accepted then that amount shall be credited
If any or all of the above steps have been accepted, p lease fill in and sign in
the blanks below.
Signed this
day of T-_ c f- r"C,FiF 19.
SUBMITTED BY: ACCEPTED BY:
Metro uilding Systems, Inc
WITNESSED BY: WITNESSED BY:
jl
•
pg. 2 of 2
• RESOLUTION NO. 8191
RESOLUTION ACCEPTING $75,000 FROM THE
HUTCHINSON UTILITIES COMMISSION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON:
THAT a $75,000.00 transfer from the Hutchinson Utilities Commission to
the Citv of Hutchinson's General Fund is hereby accepted.
Adopted by the City Council this 14th day of January, 1986.
• Paul L. Ackland
Mayor
ATTEST:
Gary D. Plotz
City Clerk
•
7 -0
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Seninr Aduisnrg Ervard fnr the vast fnur (41 gears;
M£i{£i15, fenard 5rhuft has seruPd faithfully and diligentlu giuina of
his time and tulents tmuard the enrirhmruf of the Ti1a,
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C9AT, der" aurrrriatian is herehg exyrrssed to fenard 5rhuft far his
afnrrmentianrd seruires and the gratitude of ?lutrhinsun and the rilizens therPnf
is hPrrhg Pxprroord.
Aaartrd hg the (Situ (rnunril this 14th dug of 3annarg, 1986.
Oarg D. ?;Intz
Titg Clerk
•
Paul f. Ackland
il{anur
n
•
EHEREA5, Helen 'nlaisance has served the (Li t±± Well as a member
of the Senior 3lduisnrg ?ioard far the }cast three (3) gears;
'.AH£H£315, Helen lilaisunre has serued £aithfullu and diligentlg
giuing of her ti -ie and talents toward the enrichment of the Tifg,
NOD 8H£3i£T(PR£, ?i£ 37 u5mr1'£s� VU eH£ nZU mHvnc MY ZEE mi
dY H:I'eTH3l`50N, m3l"?!1£5(9zA:
cmmu , deep appreciation is herehg expresSPd to Helen ulaisance
fnr her aforementinued seruires and the gratitude of Hutchinson and
the ritixPus thereof is herehg Pxpresffed.
Adopted hg the Tito- Touuril this 14th Aug of 7anuarg, 1905.
RESOLUTION NO. 8195
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Portable Radio & Charge
1367.00
Communication
Police
Yes
Motorola Inc.
Safety Bars
967.50
Truck Safety Equipment
Fire
Yes
Clarey's Safety
Equipment
Carpets
1518.96
Entry Way Protection
Rec.
*
Floor Care Supply
Bldg.
Const.
Heat Sensing Gun
1805.00
Heat Detection
Fire
Yes
Omega Engineering
Marsha
Tires
1350.00
Replace Sludge Truck
Sewer
Yes
Brandon Tires
*There should be money
n the c
nstruction fund for this
purpose.
Rp The following items were authorized due to an emergency need:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Grass Seed
3120.00
Roberts Park (LAWCON
Grant)
LAWCON
Yes
Rickeman Seed Ctr.
Date Approved: January 14, 1986 Resolution submitted for Council action
Motion made by: by:
Seconded by:
(612) 587 -5151
/ -# (612)
OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
January 14, 1986
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FRCM: HAZEL SITZ, PERSUVM COORDINATOR
RE: 1986 PAY PLAN
Attached for adoption is the 1986 Pay Plan Resolution which was
authorized by Council action on December 10, 1985. The table of
pay grades (page 4) has been adjusted by 3 percent. (Within this
table, individual pay rates will change by $.24/hr to $.38/hr, as
per council action of December 10.)
The pay plan is similar to the one adopted each January, with a
few changes as noted:
• 1. The former Police Secretary title has been changed to Office
Supervisor, with an accompanying grade and rate change, as
previously approved by Council. (November 26, 1985 action.)
2. Director of Engineering recamends that an Engineering Tech I
position be reclassified to Engineering Tech II, With an
accompanying grade and rate change. (See n m attached.)
3. Personnel Coordinator recrnmends that the Assistant to City
Engineer position be changed from hourly to salaried due to
the nature of duties. This does not entail a grade or rate
change. (See memo attached.)
The pay plan as drafted includes the above changes. Upon adoption
of the Resolution the Council should indicate the status of
reccmrendaticns (2) and (3) for inclusion in the plan.
E
7 —J'
POLICE DEPARTMENT MEMORANDUM
TO Mayor and City Council
FRr1M Dean M. O'Borsky, Chief of Police
SUBJECT
DATE November 14, 1985
I request that Nancy Buss's job title be changed from Secretary to Office
Supervisor, effective January 1, 1986, as per her changed duties.
She has actually been performing many of the duties over the past several
months and the approved 1986 budget already reflects the pay grade change to
mid -point of Grade 8.
See attached memos.
c
t
0
E
/ (612) 587 -5151
f1UICH ` CITY OF HUTCHINSON
• WEST
HUTCHINSON, MINN. 5535O
M E M 0
DATE: December 10th, 1985
TO: Personnel Coordinator
FROM: Director of Engineering
RE: Engineering Department
Larry Huhn
Reclassification
Mr. Huhn is presently an "Engineering Technician I ", however, I have found it
necessary for him to do Technician II work. His performance in this area has
been very good.
I, therefore, recommend he be reclassified as an "Engineering Technician II.
His present salary is $8.42 and I recommend he enter the Technician II at a
salary level of $8.84, which would constitute a 5% increase.
U
MVP /pv
Marlow V. Priebe
Director of Engineering
7 —'E
� / (612) 587 -5151
CITY OF HUTCHINSON
37 WASHING; ON AVENUEWEST •
HUTCHINSON, MINN 55350
December 22, 1985
MEMORANDUM
TO: CAL RICE, ASSISTANT TO CITY ENGINEER
FRCM: HAZEL SITZ, PERSONNEL
RE: YOUR STATUS WITH RELATION TO THE FAIR LABOR STANDARDS ACT
Recently we have discussed what should be your status with relation to
the Fair Labor Standards Act - whether it is most appropriate for you
to continue as an "hourly" employee, or whether the level of your
responsibilities now makes you a "salaried ", or exempt employee.
According to the Act, bona fide administrative employees are exempt.
They must meet the following guidelines. (Also see attachment.)
• Exercise discretion and independent judgment.
• Do non - manual work related to management policies.
• Execute specialized assignments under only general supervision. •
• Assist an administrative employee.
Primary work is non - manual - that is, 80% or more of the work is
related to management, rather than field crew or labor -type work.
Perform general supervision (the field crew is supervised by technician.)
I believe that as your "assistant" responsibilities have increased, it
has become more clear that your position should be exempt from the FLSA.
I believe it would be appropriate to recommend this change to the city
council when the 1986 pay plan is presented for adoption on January 14.
If you have any question about this, please let me know.
copy: Marlow Priebe
Gary Plotz
•
Page 5
• The FLSA includes provisions exempting various categories of
employees from all or some of its provisions. of special
importance to cities are provisions exempting professional,
executive, and administrative employees and workers at certain
seasonal establishments from various provisions of the FLSA.
Exemption for Executive. Administrative, and Professional
Employees
Section 13(a) (1) of the the FLSA (29 U.S.C. Sec. 213(a) (1))
exempts "bona fide" executive, administrative, and professional
employees, including teachers, of any employer from the minimum
wage and overtime provisions of the law. These terms are defined
in detail by federal - reguiation (29 C.F.R. Seca. 541.101- .602).
A. Executive Personnel
Generally, in order to qualify as an "executive" employee, an
employee must earn a salary of at least $155 per week and his or
her primary duties# which involve the exercise of discretionary
powers and take up 80 percent or more of his or her time, must
include: (1) management of an organization or management of a
subdivision or department of an organization; (2) supervision of
two or more employees; and (3) the firing and hiring of employees
or the making of recommen7ations with respect to firing and
hiring decisions. If the employee earns $250 or more per week,
manages an organization or department, and supervises the work of
two or more employees, then the employee is automatically
presumed to be an "executive" employee (29 C.F.R. Sec. 541.1).
%(
B. Administrative Personnel
In order to qualify as an "administrative" employee, an employee
must earn a weekly salary of at least $155 and his or her puimary
es involving 80 percent or more of his or her time, must•
(1) COAS St o nonmanua wor directly I! A a n �anAnawe�F ---
pollCLes or bus n r OAS or administra !
teat ng at a school; and (2) involve a exert se of -discretion
or independent iudament. Additiona y, in order to qualify as an
a ministrative employee, an employee must: (1) assist an
executive or administrative employee; (2) perform onl general
supervision along specialized lines; or (3) execute specia ized
assignments under only __ -general- - upervision. A school
administrator is automatically presume o-be an "administrative"
employee if he or she makes $250 or more per week. (29 C.F.R.
Sec. 541.2).
0
RESOLUTION NO. 8196
RESOLUTION ADOPTING POSITION CLASSIFICATION
• ASSIGNMENT TABLE EFFECTIVE JANUARY 1, 1986
WHEREAS, the City Council has considered the existing classification of
positions for the City of Hutchinson and the current economic conditions,
BE IT RESOLVED, that a Position Classification Plan is hereby adopted.
All positions covered by this Resolution shall be grouped in grades having a
definite range of difficulty and responsibility. For each position there
shall be a title; and there shall be shown examples of work which are
illustrative of duties of positions, as well as requirements as to
knowledge, abilities and skills necessary for performance of the work; and a
statement of experience and training desirable for recruitment into a
position.
A. Allocation of New Positions.
When a new position is created for which no appropriate description exists
or when the duties of an existing position are sufficiently changed so that
no appropriate description exists, the City Council after recommendation of
the Personnel Coordinator shall cause an appropriate job description -
specification to be written for said position.
B. Review of Plan.
. As often as necessary to assure continued correct classifications, the
Position Classification Plan shall be reviewed by the Personnel
Coordinator and necessary adjustments recommended to the City Council.
C. Filing of Plan.
Upon adoption of this Resolution, a copy of the Position Classification
Plan approved by the City Council shall be placed on file with the City
Administrator. The plan so filed and subsequently adjusted by the
Council shall be the Position Classification Plan of the City.
1. Elements of the Plan. The Compensation Plan shall consist of:
a. A Basic Table of Numbered Pay Grades for All Employees.
Each numbered pay grade in the basic table consists of a minimum
(85 %) rate, a maximum (115 %) rate, and a midpoint (100 %) rate,
shown on page 4.
b. A Position Classification Assignment Table for Employees.
The assignment table shall assign all of the various positions in
the Position Classification Plan to the appropriate pay grade.
Said table follows on page 3.
• 2. Modification of Plan.
The City Counci 1 reserves the right to modify any or al l of the
pay grades or position classification assignments as set forth in
said plan at any time.
(1 of 4)
�'
Pay Grades.
a. Non - Administrative (Hourly) Employees.
Each position is assigned a pay grade. The normal beginning rate
for a new employee will be the minimum rate. After satisfactory
completion of six (6) months probation, a five percent increase
will normally be granted. Thereafter, consideration for
performance increases will be given annually each January 1. The
Council reserves the discretion to adjust individual rates within
the assigned pay grades based upon a merit review and
recommendation from the department head and City Administrator,
reflecting job performance over the preceding twelve months.
Maximum rate in any grade will be reserved for exceptional merit
after long term employment. Consideration for market adjustment
for all pay grades will be made each January 1.
b. Administrative (Salaried) Employees.
Each position is assigned a pay grade. The normal beginning rate
for a new employee will be the minimum rate. In special
situations, a beginning provisional (80 %) rate may be used. After
satisfactory completion of six (6) months probation, a five
percent increase will normally be granted. Thereafter,
consideration for performance increases will be given annually
each January 1. The Council reserves the discretion to adjust
individual rates within the assigned pay grades based upon a
merit review and recommendation from the department head and City
Administrator, reflecting job performance over the preceding
twelve months. The Council will determine any merit increase for
the City Administrator. Maximum rate in any grade will be
reserved for exceptional merit after long term employment.
Consideration for market adjustment for all pay grades will be
made each January 1.
Police Civil Service Employees.
In Police Civil Service positions, the established starting rate
for patrol officers shall be Grade X, five percent above minimum
(85 %) rate (that is, 90% rate) followed by a probationary period
of one year. After completion of probation, a five percent
increase shall be granted. Likewise, a five percent increase
shall be granted after completion of two years employment and
again after three years employment. Thereafter, length of service
shall be recognized as follows:
On completion of 5 years service, one percent additional;
On completion of 7 years service, one percent additional;
On completion of 9 years service, one percent additional;
On completion of 11 years service, one percent additional;
On completion of 13 years service, one percent additional (MAX).
Any market adjustment on January 1 of any year shall be separate
and apart from the above individual anniversary increases.
Supervisory and investigative police department personnel shall be
salaried in Grade F, with salary subject to periodic review by the
Chief of Police, and any recommendation for merit adjustment made
to the City Council. Any market adjustment on January 1 of any
year shall be separate and apart from the merit adjustments.
(2 of 4)
11
None of the increases provided by this section shall be made so as to
compensate any employee in an amount exceeding the maximum step in the
assigned pay range.
. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON
That the following table is hereby adopted as the City Position
Classification Assignment Table, to be reviewed from time to time, assigning
the various positions in the Position Classification Plan to the appropriate
pay grades in the table.
POSITION CLASSIFICATION
ASSIGNMENT TABLE
PAY GRADE
JOB TITLE
AY
GRADE JOB TITLE
I
-
X
Chief Water Plant Operator
Park Maintenance Supervisor
II
General Laborer
Police Patrol Officer
Street Maintenance Supervisor
III
Transit Dispatcher
Wastewater Plant Operator
(H)
SAL. Forester
IV
Receptionist /Cashier
XI
Chief Wastewater Plant Oper.
V
Bus Driver
Motor Pool Sup /Asst. Dir. Mtc.
Custodian /Boiler Oper.
(G)
SAL. Assistant Recreation Director
Liquor Store Clerk
Assistant Building Inspector
Park /Street Maint.,Gen.
Civic Arena Manager
Personnel /Transit Coordinator
• VI
Motor Vehicle Clerk
Community Service Ofcr.
(F)
SAL. Assistant to City Engineer
Secretary, Parks /Rec.
Building Official
Secretary, Planning Com.
Fire Marshal
Water Account Technician
Liquor Store Manager
Police Sergeant
VII
Engineering Technician I
Police Investigator
Personnel /Insurance Tech.
Police Dispatcher
(E)
SAL. -
Secretary,Engr /Bldg /Fire
Wastewater Maint. Tech.
(D)
SAL. Director of Maintenance
Water Maintenance Tech.
Director of Parks /Recreation
VIII
Administrative Secretary
(C)
SAL. Director of Finance
Finance Technician
Chief of Police
Motor Vehicle Dep. Reg.
Office Super., Police
(B)
SAL. Director of Engineering
IX
Cemetery Maint. Super.
(A)
SAL. City Administrator
Engineering Technician I
Equipment Mechanic
REGULAR PART TIME POSITIONS
Park /Arena Maint.Operato
Street Equipment Operator
(I) SAL.
Senior Center Coordinator
T4
Parking Enforcement Officer
Recreation Program Super.
I
Liquor Store Clerk
•
II
Motor Vehicle Clerk
III
Police Dispatcher
Senior Center Activities Super.
IV Licensed Police Officer
(3 of 4)
i
i
i
w
m
i
HASIC TABLE OF NUMBERED PAY GRADES - 1986
P
(85 %)
(100 %)
(115 %)
GRADE
MINIMUM
MIDPOINT
MAXIMUM
T1
3.35
3.90 1
4.48
i
T2
3.65
4.30 1
4.95 1
T3
4.00
4.70 1
5.40 1
cn
T4
4
5.10
5.87
I
4.72
5.55
6.38
9817
11544
13270
II
6.86
10545
12417
14268
III
5.45
7.38
11336
13332
15350
IV
.9
12188
14331
1 16494
V
6.30
13104
15412
17721
VI
7.97
14081
16577
19052
VII
9•
15142
17825
20488
VIII
4 PROVISI
9.
0.5
(80 %) -SAIA=
16286
19156
22027
(I)
IX
.90
11.38
16473
17492
20592
23670
(H)
X
9.25
0.
2.5
I
18117
19240
22651
26041
END
HOURLY
19926
21174
24918
28641
(F)
10.54
11.20
5. 5
21923
23296
27393
31512
(E)
22. 32
14.49
16.67
24107
25625
30139
34673
(D)
12.75
.
26520
28184
33155
38126
(C)
14.03
7.5
20. 7
29182
31012
36483
41953
(B)
15.43
16.40
19.29
2.18
32094
34112
40123
46134
(A)
16.97
i8.U4
21.22
24.40
35297
37523
44137
50752
This Resolution authorizes staff to change 1986 budget appropriations to
reflect rate changes.
ATTEST:
•
•
Adopted by the City Council this 14 th day of January, 1986.
(This replaces Resolution No. 7949) •
Gary D.: Plotz, City Administrator
Paul Ackland, Mayor
(4 of 4)
0
M E M O R A N D U M
DATE: December 5, 1985
TO: Mayor fi City Council - - - - - - - - _ _ _ _
------------ - - - - --
FROM: Gary D. Plotz, City Administrator
------ --- -- ------- ------ -- - - --
SUBJECT: - Request_ By Frank Fay For Reimbursement Of IRB Deposit - -
Please review the attached correspondence from Frank Fay regarding his
request for a return of a deposit. Please be aware that the City has
• incurred some costs in regard to this project. I would suggest that
this item be tabled to the next regular City Council meeting and a list-
ing of expenses be prepared by the Finance Director.
In addition, I would recommend that the City Attorney be directed to
prepare a written legal opinion regarding the possible withholding of
the return of the deposit in view of the unpaid expenses incurred on
this project.
It is my understanding that the hotel may revert back to Lowell Wake-
field. He has expressed interest in continuing the project. Therefore,
some of the expenses may continue with the project.
/ms
E
1 —a'
.,1 ��
COO` �1 sae
►���;
Frank J. Fay Ox Better
P i IAV!(612) im
INC. 126 Main South Hutchinson, Minnesota 55350 Telephone 587.2341
1985 q
y Hall
Washington Avenue West
Hutchinson, MN 55350
RE: Hutch Hotel
Attn: Gary Plotz
City Administrator
Dear Gary:
This is to inform you that Curtis Burckhardt and I will not be
able to continue the project of rehabilitating the Hutch Hotel.
We, therefore, request the return of the $5,000.00 which we
deposited with the State on August 31, 1985.
We are very grateful to you and your staff, Mayor Stearns and
the entire council for the support during the long process
regarding this matter. •
Thank you.
Very truly yours,
Prank T. Fa
President ((//
FJF /g jb
cc: Curtis Burckhardt
•
(612) 587 -5151
%HUTCH' CITY OF HUTCHINSON N� � c3
• 37 WASHINGTON AVENUE WEST�C:Y
HUTCHINSON, MINN. 55350 BY`
December 19, 1985
Mayor Paul Ackland and the
Hutchinson City Council
RE: Refund of Parkview Plaza 18 Industrial Development Bond
Deposit
Dear Mayor Ackland:
I have been asked to comment on the propriety of the
city of Hutchinson's retaining possession of the deposit made
by Frank Fay to secure availability of industrial revenue
funds for the Parkview Plaza Project. As you are aware, this
• deposit constituted one percent of the total estimated
requested industrial revenue bond allocations. When the
project was abandoned the city of Hutchinson requested refund
of the one percent deposit and such refund has at this time
been made. Mr. Fay now requests refund to him of these
monies.
The city seeks to offset from any potential refund
certain expenses incurred in the preparation, application and
issuance of Industrial Development Bonds and Tax Increment
Financing Bonds.
On the 25th day of June, 1985 Frank J. Fay and Curtis
E. Burckhardt executed a document designated as "Contract for
Sale of Land for Private Development in Development District
Number Four." Paragraph 4.07 of that document provides "The
developer hereby agrees to pay directly to the city upon
demand, whether or not the bonds are issued, either in cash or
by certified check, any and all administrative expenses
relating to this project as part of the Development Program,
including, but not be limited to, all costs of issuance of the
bond, including fees of bond counsel, counsel to the city, the
fiscal agent and any other consultants retained by the city in
connection with the implementation and administration of the
Development District and the Development Program, with respect
to the Property, to the extent that such costs are not
• reimbursed to the City from the proceeds of the bonds or from
Mayor Paul Ackland
December 19, 1985
Page Two
Tax Increments or may not be so reimbursed by reason of the
application of Minnesota Statutes, Section 273.75, Subdivision
3." By the signing of that document Mr. Fay and
Mr. Burckhardt agree to pay certain administrative expenses.
These administrative expenses have been computed and presented
to Mr. Fay for payment. To the extent that these expenses
deal with the issuance of Tax Increment Bonds the developers
through the previously mentioned contract have agreed to
assume responsibility for payment of these expenses.
In addition to the expenses associated with the
issuance of Tax Increment Bonds previously discussed Mr. Fay
also requested issuance of Industrial Development Bonds to
assist in the financing of the Parkview Plaza Project. The
city of Hutchinson has adopted Resolution 7801 entitled
"Resolution Amending Resolution Number 6342 For Establishing
Guidelines For Industrial And Commercial Development Revenue
Financing." This Resolution provides "Bond attorney fees,
city attorney fees, city's financial consultant and city
auditor review fees are the additional financial •
responsibilities of the client /applicant." In the application
for industrial development revenue financing made to the city
of Hutchinson the applicant specifically acknowledges
responsibility for these fees. In the resolution giving
preliminary approval to the Industrial Development Revenue
Financing Project for the Parkview Plaza project at section
3.2 it is stated "The borrower has agreed and it is hereby
determined that any and all direct and indirect costs incurred
by this Municipality in connection with the project, whether
or not the project is carried to completion, and whether or
not approved by the Minnesota Energy and Economic Development
Authority, and whether or not the Municipality by resolution
authorizes the issuance of the bonds, will be paid by the
borrower upon request." It is my understanding that these
costs have been computed and submitted to Mr. Fay.
I believe that Mr. Fay is clearly obligated to pay for
the cost associated with both the Tax Increment Bonds and the
industrial Development Bonds. A convenience method of payment
would be to disburse to the various parties funds from the
$5,000 allotment deposit. If there were monies remaining
after payment of all the associated costs, the balance could
be refunded directly to Mr. Fay. If the costs exceeded the
$5,000 amount retained, Mr. Fay would be responsible for the
balance.
0
. Mayor Paul Ackland
December 19, 1985
Page Three
It should be noted that there appears to be no
specific statutory basis for withholding the deposit.
Nevertheless, I believe that if Mr. Fay were to initiate an
action seeking to recover the deposit the city would be
entitled to claim an offset for the costs incurred in the
various projects. This would be done through the use of a
crossclaim as authorized by the Minnesota Rules of Civil
Procedure.
Sincerely yours,
CITY OF HUTCHHIINJSO /N�
Bye C\(1�W_r•'-� Kf ! ct f +
James,H. Schaefer
Hutchinson City Attorney
JHS:dlp
•
•
0
M E M O R A N D U M
DATE: January 10, 1986
TO: Mayor and City Council
FROM: Kenneth B. Merrill, Finance Director
------------------------------
SUBJECT: Fay Hotel Project Costs
- -------------------- --- - - -- --
As requested by the Council, the following costs are associated with the
hotel project.
• Penfield Inc. Appraisal Fee $1,325.00
Dorsey- Whitney Legal Fees 950.00
*Bond Issue Cost $2,275.00
Moody's S 142.00
Ehlers & Assoc. 1,867.79
Dorsey - Whitney 1,493.79
$3,503.58
TOTAL $5.778.58
We have not received any billings from Charles Baillv, our auditing firm, or
city attorney's fees. In addition, many hours were spent by the Citv Admin-
istrator, Finance Director, Community Development Director, and the HRA.
Notes in our files date hack to 1984 when alternatives were being reviewed.
We do not keep track of time spent on earh project, but a conservative esti-
mate would be as follows (covering the to +o year period)
City Administrator 60
Finance Director 40
Community Develop. Dir. 25
HRA 30
• *The bond costs have been taken from the bond issue sold in July 1985.
�o�12q,�51E+7)��s
d
CID
N. $Y�r �CtiI
PORTFOLIO COMPANIES
PORTFOLIO MANAGEMENT INC
FORTFO!O DEVELOPMENT INC
POETFO!.10 PROPERTIES INC
I M 1 East -9th I
Bloom mglon Minnesota 3"-'2c 159 5
512 -a5- 0722
January 14, 1986
Mr. Gary Plotz
City Administrator
City of Hutchinson
37 Washington Avenue West
Hutchinson, MN 55350
Dear Mr. Plotz:
Enclosed is a photocopy of our letter dated August 30, 1985. When the
$2,500 check was sent to you for forwarding to the State of Minnesota to
hold a mortgage commitment for the Hutchinson Hotel for an additional
60 days, we were assured by the State that we would be refunded this
amount in the event the bonds were not placed. This $2,500 was half the
amount entrusted to the City for this purpose. I was a potential investor
in half the project.
As you know, the bonds were not placed and we advised you at the proper
time requesting a refund from the State. I respectfully request that
the $2,500 entrusted to you be returned to Portfolio Management In. at
the address on the letterhead.
Thank you.
Sincerelyf
�ti s cd[��112�
Curtis E. Burckhardt
President
Portfolio Companies Inc.
/tg
cc: Frank Fay
0
U
1•r�ll trot 10 0( WPANII` ti
Pr III rrot 10 6AANAGC1,11N I INC
P- 114 If 01_10 OEVFI OPIAFN I INC
M rFUL10 PROPr11I It s INC
I ") I F Isf ;911. sh col
1p.in,ninlpun t.1...... a'r,.VO I''W.
August 30, 1985
Mr. Gary Platz
City Administrator- Hutchinson
37 Washington Avenue West
Hutchinson, MN 55350
Dear Mr. Platz:
I am writing in reference to the $500,000.00 Industrial
for Parkview Plaza Limited Partnership. As outlined in
is August 15, 1985 from Stephanie Galey, from the lawfirm
we would like to extend the Bond for 60 days.
1J
Development Bond
the letter dated
of Holmes & Graven,
I am enclosing a check for $2,500.00 and about the time you receive this letter,
Mr. Frank Fay should have stopped by your office with the remaining half.
He is to meet with me Tuesday September 3, 1985,at 2 pm., and he can bring
the letter down to the Twin Cities and see that it is at the Minnesota
Department of Economic Development by the 4o'clock deadline on September 3rd.
My records show that I have already signed the contract dated April 23, 1985
so I would expect only the check is necessary for you to apply to extend the
Bond for the additional 60 days. Please do not hesitate to call me if you
have any questions.
Sincerely,/
/
l 1_
Curtis E. Burckhardt
PRESIDENT
PORTFOLIO COMPANIES. INC.
CEB /lm
Enclosure
PORTFOLIO MANAGEMENT INC.
Is 1301 EAST 79TH STREET
BLOOMINGTON, MINNESOTA 55420
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MINNEAPOLIS, MINNESOTA 55480
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PORTFOLIO MANAGEMENT INC.
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(612) 587.5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
November 27, 1985
MEMORANDUM
•' AND crry •• 'E ■
•,• : cITy AEmmsmToR, / •'s ' 71' •- 1 191 •••' 1 1 /• '•
I` • 7 •- 1.7 I• • •: •' 171' / 1 1•d ",• W71• '
It is our recmTnendation that consideration for merit increases for
all employees (except police officers, who are on a longevity system)
be changed fran January 1 to each employee's individual anniversary
date, and that this be incorporated into the pay plan resolution
which will be adopted for 1986.
Directors review the performance of their employees as they grow into
their jobs, and using anniversary dates as the perfan ance review time
is a logical way of dealing with each empolcyee's individual situation.
Employees are hired at entry level pay and have a right to expect to
advance to higher levels in their assigned pay grades as they become
more proficient in their performance. The supervisor, who has first
hand knowledge of the quality of performance-of his/her employees, should
have the responsibility ancl the authority to see that each employee's
work is fairly ompensated through this merit system.
(It is recammded that merit review for employees with 5 years or less
of service be made now (December, 1985) in order to bring these employees
into line with the pay equity principles established in the 1985 pay plan.'?
Thereafter, individual anniversary dates would be used for them also.)
It is our belief that merit consideration should be kept completely
separate from the council consideration for general wage adjustment which
is done in December each year. Doing than during the same month nakes
it too easy to confuse the processes, which are not related.
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(612) 587.5151
f/U7ly' CITY OF HUTCHINSON
. 37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN, 55350
M E M O R A N D U M
DATE: JAN. 9, 1986
TO:
_ MAYOR
AND CITY
COUNCIL _ _ _ _ _ _ _ _ _ _ _ _
FROM:
_ RALPH
NEUMANN,
DOUG MEIER z AND CAL RICE_ _ _ _ _ _ _ _ _
SUBJECT:
_ AWARD
BID FOR
ENGINEERS VAN _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
An analysis of the above bids were made by Ralph Neumann, Doug
Meier and Cal Rice. It is our recommendation that Wigens bid of
$11,245.88 be awarded to them. We will still own the 1977 Chev. Van
which we will again offer for sale this spring when the new Van is in
our fleet.
tie had one bid for a used 1984/1985 Van. This was a diesel unit
from Swanke at a greater price than a new 1986 Van.
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NEW 1986
USED 1984/1985
TRADE -IN
NET PRICE
3/4 TON VAN
3/4 TON VAN
1977 VAN
BID
FORD
$11,188.00
- - - - - -�
$100.00
$11,088.00
•BROOKDALE
PLOWMANS
$129169.00
=
$800.00
$11,369.00
SWANKE
$13,786.00
---- - - - - --
$2187.00
$11,599.00
SWANKS
---- - - - - --
$15,400.00
$2801.00
$120599.00
WIGENS
$11,245.88
---- - - - - --
-- - - - - --
$11,245.88
An analysis of the above bids were made by Ralph Neumann, Doug
Meier and Cal Rice. It is our recommendation that Wigens bid of
$11,245.88 be awarded to them. We will still own the 1977 Chev. Van
which we will again offer for sale this spring when the new Van is in
our fleet.
tie had one bid for a used 1984/1985 Van. This was a diesel unit
from Swanke at a greater price than a new 1986 Van.
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(612) 587 -5151
• f/UTCH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
January 9, 1986
Mayor Paul Ackland & Members
of the Hutchinson City Council
RE: Attorney's Certificate Of Title
Dear Mayor Ackland & Councilmembers:
As per Gary Plotz's memorandum of January 6, 1986, I
am enclosing cover letters dated July 9, 1985 and September
30, 1985 indicating dates of mailing the above documents to
the Department of Transportation. In discussing this matter
with the Hutchinson Airport Commission it was discovered that
although the address in the cover letters was correct the zip
. code utilized should have been 56201 rather than 56102. This
may have resulting in the documents originally being mailed to
an incorrect city. I have contacted the post office and they
believe that the zip code 56102 would represent a city
somewhere in the Windom area since Windom has a zip code of
56101. They could not give me a direct listing for a city
with the zip code 56102 since their directory was
alphabetically listed as opposed to having listings in
numerical order. I have prepared a mail loss report in an
attempt to locate the missing documents.
In any event, I have provided Gary Plotz with
photocopies of the Certificates of Title. I have updated
these certificates from the date of the original examination
to January 8th of 1986. I accomplished this by visually
examining the entries made at the McLeod County Recorder's
Office for the property affected. Mr. Plotz will be
forwarding these documents directly to the Department of
Transportation by certified mail.
Sincerely yours,
CITY OF HUTCHINSON
zo
By/ MI +
James H. Schaefer
• Hutchinson City Attorney
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Enclosures (7� n
vn �/ r
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
July 9, 1985
Mr. D.M. Otterstatter
Mn. Dept. of Transportation
P.O. Box 768
2505 25th Street N.E.
Willmar, Minnesota 56102
Dear Mr. Otterstatter:
Cpp y
As per City Administrator Gary D. Plotz's letter of July
3,1985 please find enclosed the requested Attorney's
Certificates of Title covering the Hutchinson Airport
Rezoning. The abstracts were provided by Mr. Bill Haas as
representative of the property owners. Rather than having the
abstracts updated I conducted a personal inspection of the
entries at the McLeod County Recorders Office. You should
also note that the property covered by the Certificates is
larger that the property actually involved in the zoning.
This is due to the difficulty in separating the legal
descriptions.
If you require anything further please feel free to contact me
directly.
Sincerely,
James H. Schaefer
Hutchinson City Attorney
JHS:dlp
1 X 74
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(612) 587 -5151
•
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
September 30, 1985
Mr. D.M. Otterstatter
MN Dept. of Transportation
P.O. Box 768
2505 25th Street N.E.
Willmar', Minnesota 56102
Dear Mi. Otterstatter:
f /l E COPY
Enclosed please find copies of the Attorney's Certificates of
Title for the Hutchinson Airport property.
If there is anything further I can do to be of assistance
please do not hesitate to call me.
Sincerely,
James H. Schaefer
Hutchinson City Attorney
JHS:dlp
R EP.iIGfJ6I.N6OE0.Y E RING, INC. `1g9fC1S o Z[ y{ZI/
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tPOIPEIPO CP9TAT81 LAND 6VRVCYIN0 C /9 ti
YiPPLAPOL6 IIPRlBMA f �
12 -10-65 rE
Mr. Gary Flotz, Administrator
City of Hutchinson
Hutchinson, Mmesota 55350
ne: Industrial spur Tracks Construction
Hutchinson, MR*
Dear Mt. Flotzs
J /�_ In reference to our verbal discussion this date while at
J CwFhSineering Conference at Hutchinson, I would appreUate copy
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of Council action enng Gopher Eng eering, Inc. as Bigi.neer and Consultant
1 .0
t\ for the above track construction proposals. � l'
n, 40
originally advised by 'phone per your previous request�fla
^ fi it is my intent that I would be designated as F,tig'ines to prepare
laps & S ecifications for biddi , and contract vose as well
Construction ineer responsible or en neeri sunerrae' ion of
N� y con rac or's performance. n cl5 x UJ rrt� KNPi� +,GUS .
As discussed toda -i, I feel that a contractor should be able to
be engaged that could normally perform construction of the Industrial
Connection Track in a 3 week period and construction of Farmers Elevator Spur
�4 L is completed the City and sub - ballast
in a 1 week period after grading by
. installedf weather conditions permitting.
My normal engineering fee is as follows:
$35/hr• with a minimum of 4 hours with no penalty for O.T. Daily rate.
Per Diem room $24 Board $12
Auto & Mileage $10 /da.
Additional Fhgineer as required $15 /hr. + Board & Boom
As you know I am preceding on preparation of the Contract Specifications
so as not to further delay the bidding process and I would appreciate
prompt mtifi cat on of approval of the above engineering services and terms.
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GOPHER ENGINEERING, INC.
ENDINSENINO CONOULTAN . LAND 6t!NVEYINIF
ni PAISLEY LANE
XMNEAP O. MXNNE8d1'A 6 12
61a-s.a- P
12 -29-65
Mr. Gary Flotz
City Administrator
City of Hutchinson
Hutehinsonp Minnesota 55422
ate'- * -s
JAN 19W
XWEI 16
Res Industry Spur Tracks
Hutchinm n, MK.
Referring to your letter dated Dec. 19. 19859 I will make rents
to be at the City Council Meeting scheduled for January 14.
If possible, I would like a meeting with the CLty At�orne at his
convenience in the afternoon to discuss a few points in th Project
Specifications. I would take about 1 hour at the most.
(b �/ I would appreciate an early time on the City Agenda as I h e an early
meeting the following day with Hennepin County.
r9�lf- The need for a surveying aid is required to run in aligbme t of
center line in the vicinity of the turnouts near the Elevat r,
propane storage tanks and street crossing to know positive
it will fit in on the ground and within limitations of the turnout
in the main line which Mr. Ross was to work out with the evator
Management. This should all be done at a very early date it
could affect the project and Specifications. Thank you. �.
. Prusak P.E.
e
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i (612) 587 -5151
• f/!/llb/" CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
/ HUTCHINSON, MINN. 55350
December 19, 1985
Mr. B. R. Prusak, P.E.
Gopher Engineering, Inc.
227 Paisley Lane
Minneapolis, MN 55422
SUBJECT: Railroad Connector Track And
Spur Track Construction
Dear Bernie:
Pursuant to your recent letter dated December 10, 1985 and request, the City
Council met on December 18 and reviewed your correspondence.
• The City Council delayed taking any action on approving the inspection serv-
ices as proposed until more information is received from you. Specifically,
it was felt that there should be a total cap on the cost of service for the
inspection. Council members also had questions regarding whether or not there
had to be constant inspection (8 hours per day) for a three to four week pe-
riod during construction. Inasmuch as the Citv has no experience in construct-
ing a railroad track, I would strongly suggest that you attend our next regu-
lar City Council meeting scheduled for January 14, 1986, 7:30 P.M. in the Coun-
cil Chambers of City Hall.
There were some specific questions regarding who would decide whether or not
an additional engineer at S15 per hour, including board and room, would be
needed. Again, I would suggest a personal visit at our Council meeting may
be helpful in answering such questions.
In addition, I would like to draw your attention to the two memorandums from
the City Engineer regarding the status of the project. Please review this
information.
Please be aware that Attorney Ronald McGraw was also present during the discus-
sion of this item so that if either you or Jerry Ross have any questions on
the status of this project, you may want to confer with him.
At this same City Council meeting the request for a conditional use permit
for an engine house was likewise tabled to the January 14, 1986 Council meet-
ing.
E•
Mr. B. R. Prusak -2- December 19, 1985 .
If you can supply us with any written information in advance of the January 14
Council meeting, perhaps a proposed contract, I would be happy to include it in
the City Council packet. I would think a contract would be in the best inter-
est of all parties so that items can be verified and commitments formally con-
sidered.
Thank you for your continuing interest in the Hutchinson project and I hope
you have a happy holiday.
Sincerely.
CITY OF HUTCHTNSON
e� 5
City Administrator
GDP;ms
Encl.
cc: Atty. Ronald McGraw
Ancher Nelsen
Jerry Ross
Ma low V. Priebe, City Eng.
.or & City Council
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1612) 587 -5151
F CITY OF HUTCHINSON
37 WASHING TON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0 R A N D D14
DATE: December 18, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Conditional Use Permit as requested by Dakota Rail Incorporated
Pursuant to Section 6.05, C5, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned request for a conditional use
permit.
HISTORY
• On December 4, 1985, Dakota Rail, Inc. submitted an application for a
conditional use permit to allow the construction of a 130' by 24' pole type
building for the purpose of storing diesel locomotives on property located
at Erie Street and 2nd Ave. S.E. A public hearing was held at the regular
meeting of the Planning Commission on Tuesday, December 17, 1985, at which
time Mrs. Delores Brunner, leasee of a salt warehouse located on the property,
stated her concern for fire safety.
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 December 5, 1985.
3. The proposal is in conformance with the requirements of a conditional
use permit, and is required because the property is in an IC -1 zone.
RECOMMENDATION
It is the recommendation of the Planning Commission that the concept be
approved, with the stipulation that more information be provided for the
City Council prior to their consideration, and contingent upon the applicant
providing a survey showing existing and proposed building sites on the
• property prior to a building permit being issued.
Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson
RESOLUTION NO.
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO •
ALLOW THE CONSTRUCTION OF 130' BY 24' DIESEL HOUSE
ON PROPERTY LOCATED IN AN IC -1 ZONE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Dakota Rail, Inc., has made application to the City Council for a
Conditional Use Permit under Section 8.12 of Zoning Ordinance No. 464 to
allow the construction of a 130' by 24' Diesel House on property located on
Erie Street and Second Ave. S.E., which is located in an IC -1 zone, with the
following legal description:
Lots 3, 4, and 5 of Block 17, South Half, City of Hutchinson
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 detri- •
mental 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 gener-
al purpose and intent of the Zoning Ordinance and the Comprehensive Plan.
CONCLUSION
The application for a Conditional Use Permit for the purpose designated
is granted based upon the findings set forth above, contingent upon
applicant submitting survey showing location of existing and proposed
buildings prior to the issuance of a building permit.
Adopted by the City Council this 14th day of January, 1986.
Attest:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
•
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(6) 2) 879 -2211
CITY OF HUTCHINSON
V
37 WASHINGTON AVENUE" WEST
HUTCHINSON, MINN. 55350
M E M 0 R A N D 11 M
DATE: January 14, 1986
TO: _ _ _Mayor $ City Council _ _ _ _ _ _ _ _ _ _
FROM: _ _ _ Water Billing Department _ _ _ _ _ _ _ _ _
SUBJECT: _ _ Delinquent Accounts for the month of December
Listed below are the delinquent water accounts for the month of
December. Recommend water service be discontinued on Tuesday,
January 21, 1986 at Noon.
Briese Sheldon Crouse
1 5 lst Ave. NE Dwnst. 635 Franklin St.
Hutchinson MN 55350. Hutchinson MN 55350
135 1st Ave. NE 635 Franklin St. S.
1- 005 - 0135 -011 1- 395 - 0635 -041
102.76 85.97
cc: Roger Mies
95 Hassan St. S.
Hutchinson MN 55350
Kerry Schmidz
506 Glen St. S.
Hutchinson MN 55350
506 Glen St. S.
1- 420 - 0506 -092
91.11
Karen Curtis
486 California St.
H * hinson MN 55350
tioCalifornia St.
3- 275 - 0482 -092
65.78
cc: Quinton Gruis
125 Water Street
Hutchinson MN 55350
CLOSED ACCOUNT
Cathalyn Weise
475 High St.
Hutchinson MN 55350
560 Glen St. South
1- 420- 0560 -023
88.04
cc: Elmer Runke
Star Route
Garrison MN 56450
TOTAL NOW DUE:166.39
Darla Smith
745 Franklin St.
Hutchinson MN 55350
745 Franklin St.
1- 395 - 0745 -011
97.24
cc: John Wagner
825 Grove Street
Hutchinson MN 55350
D. G. McGannon
125 Main St. S.
Hutchinson MN 55350
125 Main St. S.
1- 685 - 0125 -003
164.82
cc: McGannon c/o R. Peterson
Box 122
Hutchinson MN 55350
CLOSED ACCOUNT
*Recommend to certify to
taxes in October instead
of turnoff; bankruptcy
proceedings involved plus
new business tenant.
?
(612) 587 -5151
r CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0 R A N 0 U M
DATE: December 17, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Conditional Use Permit as Submitted by Richard Goebel
Pursuant to Section 6.05, C5, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned request for a conditional use
permit.
HISTORY
On November 22, 1985, Mr. Richard Goebel, 536 Goebel Street, submitted an
application for a conditional use permit to allow the construction of a 30'
by 50' addition to his existing residence, which is located in an I -1 zone.
A public hearing was held at the regular meeting of the Planning Commission
• on Tuesday, December 17, 1985, at which time there was no one present who
objected to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on December 5, 1985.
3. The proposal is in conformance with the requirements of a conditional
use permit, and is required because the property is in an I -1 zone.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned
request for a conditional use permit be granted.
Res a ully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson
•
9 -./Z7
RESOLUTION NO. 8188
RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER
SECTION 6.07 OF ZONING ORDINANCE NO. 464 TO
ALLOW THE CONSTRUCTION OF A 30' BY 50' ADDITION TO •
AN EXISTING RESIDENCE LOCATED IN AN I -1 ZONE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Richard Goebel of Hutchinson has applied for a conditional use
permit under Section 8.109 of Zoning Ordinance No. 464 to allow the
construction of a 30' by 50' addition to an existing residence located at
536 Goebel Street, which is in an I -1 zone. Legal description:
Beginning at the Southwest Corner of Lot 73, Lynn Addition to the
City of Hutchinson; thence Easterly along the South line of said
Lot 73 a distance of 293.5 feet; thence North along a line parallel
to the West line of said Lot 73, 148.5 feet; thence West 293.5 feet
to the West line of said Lot 73; thence South on the West line of
said Lot 73, 148.5 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 detri-
mental 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 gener-
al purpose and intent of the Zoning Ordinance and the Comprehensive Plan.
CONCLUSION
The application for a Conditional Use Permit for the purpose designated
is granted based upon the findings set forth above.
Adopted by the City Council this 14th day of January, 1986.
Attest:
Gary D. P otz
City Clerk
Paul L. Ackland
Mayor
9 -jr,
(612) 587 -5151
F CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN, 55350
MEMORANDUM
DATE: December 17, 1983
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Variance Request as Submitted by Richard Goebel
Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned request for a variance.
HISTORY
. On November 22, 1985, Richard Goebel, 536 Goebel Street, submitted an
application for a 10' variance to allow the construction of a 30' by 50'
addition to his existing residence, 15' from the sideyard property line.
His residence is located in an I -1 (Industrial Zone). A public hearing
was held at the regular meeting of the Planning Commission on Tuesday,
December 17, 1985, at which time there was no one present who objected to
the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, December 5, 1985.
3. It was the consensus of the Planning Commission that as this is a
residence in an industrial zone, and that the industry grew up around
the residence, the variance should be allowed.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned
request for a 15' variance be granted.
Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson
RESOLUTION NO. 8189
RESOLUTION GRANTING VARIANCE UNDER SECTION 6.05, B.3 OF
ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF A
• 30' BY 50' ADDITION TO AN EXISTING RESIDENCE LOCATED IN AN I -1 ZONE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Richard Goebel of Hutchinson has applied for a variance
from Section 9 3.b of Zoning Ordinance No. 464 for a variance of 10' to
allow the construction of a 30' by 50' addition to an existing residence
15' from the sideyard property line. The residence is located in an I -1
zone, with the following legal description:
Beginning at the Southwest Corner of Lot 73, Lynn Addition to the
City of Hutchinson; thence Easterly along the South line of said
Lot 73 a distance of 293.5 feet; thence North along a line parallel
to the West line of said Lot 73, 148.5 feet; thence West 293.5 feet
to the West line of said Lot 73; thence South on the West line of
said Lot 73, 148.5 feet to the point of beginning.
2. The Planning Commission has reviewed the application for a
variance and has recommended to the City Council that the application be
granted.
. 3. The Council has considered the effect of the proposed variance
upon the health, safety, and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the
public safety, and the values of property in the surrounding area and the
effect of the proposed variance upon the Comprehensive Plan.
0
4. Because of conditions on the subject property and on the surrounding
property, it is possible to use the subject property in such a way that the
proposed variance will not impair an adequate supply of light and air to adja-
cent property, unreasonably increase the congestion in the public streets,
increase the danger of fire, endanger the public safety, unreasonably diminish
or impair health, safety, comfort, morals, or in any other aspect be contrary to
the intent of the ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question
are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which such land is
located.
6. The granting of the application is necessary for the preservation and
enjoyment of a substantial property right of the applicant. It will not merely
serve as a convenience to the applicant, but is necessary to alleviate demon-
strable hardship or difficulty.
q-
RESOLUTION NO. 8189
Page 2
CONCLUSION
. The application for variance for the purpose designated is granted based
upon the findings set forth above.
Adopted by the City Council this 14th day of January, 1986.
ATTEST:
0
Gary D. Plotz
City Clerk
Paul ckland
Mayor
(612) 587 -5151
F CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN, 55350
MEMORANDUM
DATE: December 18, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Preliminary Plat of Helland's Seventh Addition
It is the recommendation of the Planning Commission that the
aforementioned preliminary plat be approved as presented.
0
(612) 587.5151
HarcH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O
DATE: December 5, 1985
TO: anning Commission and
yP ty Council
FROM: Director of Engineering
RE: Preliminary Plat
Helland's Seventh Addition
i hereby certify, that the Preliminary Plat of Helland's Seventh Addition,
submitted to the city on December 3, 1985, meets all the requirements of
the Subdivision Ordinance as per "PRELIMINARY PLAT DATA".
MVP /pv
W, ?I.
Marlow V. Priebe
Director of Engineering
RESOLUTION NO. 8190
RESOLUTION GIVING APPROVAL OF PRELIMINARY PLAT OF
HELLAND'S SEVENTH ADDITION
WHEREAS, Tyrone Helland, owner and subdivider of the property proposed to
be platted as Helland's Seventh Addition has submitted an application for appro-
val of the preliminary plat of said subdivision in the manner required for plat-
ting of land under the Hutchinson Ordinance Code, and all proceedings have been
duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City Plan and the
regulations and requirements of the laws of the State of Minnesota and the ordi-
nance of the Citv of Hutchinson and
WHEREAS, said plat is situated upon the following described lands in
McLeod County, to -wit:
That part of Block 5 of the plat of Helland's First Addition, accord-
ing to the recorded plat thereof, lying northerly of the westerly ex-
tension of the north line of Eighth Avenue Northwest as dedicated in
said plat. Also the westerly 130.00 feet of Block 6 of said Helland's
First Addition. Also that part of Block 4 of said Helland's First Addi-
tion, described as beginning at the northwest corner of said Block 4;
• thence southerly, along the west line of said Block 4, a distance of
140.00 feet; thence easterly, parallel with the northerly line of the
westerly 629:21 feet of said Block 4, and its easterly extension, a dis-
tance of 676.00 feet; thence southeasterly, deflecting to the right 17
degrees 27 minutes 21 seconds to the easterly line of said Block 4;
thence northeasterly, along said easterly line, to the northeast corner
of said Block 4; thence northwesterly and westerly, along the northerly
line of said Blocl, 4, to the point of beginning.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
1. That said plat of Helland's Seventh Addition is hereby approved and
accepted by the City as being in accord and conformity with all ordinances,
City plans and regulations of the City of Hutchinson and the laws of the State
of Minnesota, subject to the parks and playground contribution being met and
appropriate subdivision agreement being drawn up.
2. That the City Clerk is hereby directed to file a certified copy of
this resol -tion in the office of the County Recorder for their use as required
by M.S.A. 462.358(3).
BE IT FURTHER RFSOLVED THAT such execution of the certification upon said
plat by Mayor and City Clerk, as required, shall be conclusive showing of pro-
per compliance therewith by the subdivider and City officials charged with duties
above described and shall entitle such plat to be placed on record forthwith
• without further formality.
V
RESOLUTION NO. 8190
PAGE 2
Adopted by the City Council this 14th day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
m
Paul L. Ackland
Mayor
E
•
•
MINUTES INfo
HUTCHINSON PLANNING COMMISSION R
December 17, 1985T�O
• 1. CALL TO ORDER
The meeting was called to order by Chairman Roland Ebent at 7:30 p.m.
with the following members present: Marlin Torgerson, Elsa Young, Don
Erickson, Thomas Lyke, Shu -Mei Hwang, and Chairman Ebent. Members
absent: Larry Romo. Also present: City Administrator Gary D. Plotz,
Director of Engineering Marlow Priebe, and City Attorney James Schaefer.
2. MINUTES
Mr. Erickson made a motion to approve the minutes of the regular meeting
dated November 19, 1985. Seconded by Mrs. Young, the motion carried
unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY RICHARD
GOEBEL
Chairman Ebent opened the hearing at 7:30 p.m. with the reading -of
publication #3492 as published in the Hutchinson Leader on
Thursday, December 5, 1985. The request is for a conditional use
permit to allow the construction of a 30' by 50' addition to an
existing residence located at 536 Goebel St., which is in an I -1
• (Industrial) zone. Chairman Ebent noted that this was an unusual
situation as the residence was there first and the industrial area
grew up around it.
City Administrator Plotz stated that he had received a call from a
neighbor to the north stating that as long as the addition was for
residential purposes (not office space for the Goebel business), he
had no objection to the request. It was noted that the addition
will be a family room, bath, laundry and shop area.
Mr. Erickson asked who is doing the work. Director Priebe
responded that he thought it was a contractor, and added that the
reason work has been started is that they got a permit for the
footings so they could proceed with that before the weather made it
impossible to begin. At the time, staff was not aware that the
parcels had separate ownership which made a variance necessary.
After discussion, Mr. Torgerson made a motion to close the hearing.
Seconded by Mr. Hwang, the motion carried unanimously and the
hearing was closed at 7:35 p.m.
Mr. Torgerson made a motion to recommend to City Council approval
of the conditional use permit as requested. Seconded by Mr.
Erickson, the motion carried unanimously.
. (b) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY RICHARD GOEBEL
1
Chairman Ebent opened the hearing at 7:35 p.m. with the reading of
M #3494 as published in the Hutchinson Leader on
Thursday, December 5, 1985. The request is for a variance to
allow the construction of a 30' by 50' addition to an existing
residence, 15' from the sideyard property line.
After discussion, Mr. Torgerson made a motion to closed the
hearing. Seconded by Mrs. Young, the motion carried unanimously
and the hearing was closed at 7:38 p.m. Mr. Erickson made a motion
to recommend to City Council approval of the variance as requested.
Seconded by Mr. Hwang, the motion carried unanimously.
(c) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY DAKOTA
RAIL, INC.
Chairman Ebent opened the hearing at 7 :38 p.m. with the reading of
publication #3495 as published in the Hutchinson Leader on
Thursday, December 5, 1985. The request is for a conditional use
permit to allow the construction of a 103' by 24' pole type
building for the purpose of storing diesel locomotives on property
located at Erie St. and Second Ave. S.E., which is located in an
IC -1 zone.
City Administrator Plotz explained that in the winter months a
diesel locomotive must be housed in a heated building or must be
left running. Putting the locomotive in a building is much less
expensive and cuts down on the disturbance (noise, odor) to the
neighboring residents.
He noted that the Building Official wants the applicant and
Planning Commission to be aware of the fact that a survey showing
the location of existing buildings and the proposed buildings must
be submitted prior to the issuance of a building permit. This is
necessary because of the close proximity of other buildings and the
distance between the buildings determines what type of wall
construction is required to meed the fire code.
Mr. Michael Ross, representing Dakota Rail, Inc., was present to
explain their proposal. He stated that the building would house
two locomotives, with little extra room. He further stated that
basically the building is used for storage, but that there would be
some maintenance work done inside the building. They have a
similar building at a location in South Dakota, of which he will
bring pictures for the Council to review.
Mrs. Delores Brunner, 968 Hayden, leasee of the the warehouse
located on the property, stated that their major concern was fire
safety. They store salt in the warehouse.
Mr. Ancher Nelsen, 900 Hassan St. South, stated that they
were temporarily leasing a building for the locomotives and were
negotiating to get that time extended. If so, they would be able
to look at other sites. However, if their lease were not extended •
they wea-1d prefer to build at the site as proposed.
Discussion followed. It was the consensus of the Planning
Commission that they approve the concept of the proposal; however,
they felt that they would like more specific information about the
• diesel house and the operation of such. Rather than hold the
request up, however, they would approve the concept and requested
that Mr. Ross bring in more specific information before the Council
took final action on the request.
Mr. Erickson made a motion to close the hearing. Seconded by Mr.
Torgerson, the motion carried unanimously and the hearing was
closed at 8:05 p.m. Mr. Torgerson made a motion to recommend to
City Council appproval of the concept, with the stipulation that
Dakota Rail provide more detailed information to the City Council
before they take action on the request, and with the contingency
that a survey showing the location of existing buildings and the
proposed building be submitted before the building permit is
issued. Seconded by Mrs. Young, the motion carried unanimously.
(d) CONTINUATION OF REZONING HEARING FOR ASSEMBLY OF GOD CHURCH
Chairman Ebent continued the hearing on the rezoning request
submitted by the Assembly of God Church at 8:10 p.m. He stated
that they have withdrawn the request.
Mr. Torgerson made a motion to close the hearing at 8:10 p.m.
Seconded by Mr. Hwang, the motion carried unanimously.
4. OLD BUSINESS
(a) REVIEW OF PRELIMINARY PLAT OF HELLAND'S SEVENTH ADDITION
Chairman Ebent explained that the plat had been referred back to
the Planning Commission as some required data had not been provided
previously.
City Administrator Plotz stated that he had requested a Certificate
of Approval by the Director of Engineering stating that the
preliminary plat meets all requirements of the Subdivision
Ordinance. The Certificate was submitted by Director Priebe. City
Administrator Plotz also noted that contour lines had been added to
the plat maps as required.
Mrs. Young made a motion to recommend to City Council approval of
the plat as presented. Seconded by Mr. Hwang, the motion carried
unanimously.
(b) DISCUSSION OF UTILITIES' COMMENTS ON NEW PLATS
Director Priebe explained that proposed plats have been submitted
to the Hutchinson Utilities Commission, Crow River Cable T.Y., and
the Hutchinson Telephone company with a request that they make
comments and return them to the Director prior to consideration by
the Planning Commission. The Hutchinson Utilities Commission did
respond with the requested information. The telephone company
responded with only minimal information and Crow River Cable T.V.
did not respond at all. Director Priebe stated that he felt they
should be notified of the importance of this type of communication
and said he would submit a letter to inform them of such. •
(c) DISCUSSION OF RENTAL HOUSING REGISTRATION
Mr. Torgerson asked if there had been any action taken on the
housing ordinance. Discussion followed. City Administrator Plotz
said staff is reviewing "education" options.
5. NEW BUSINESS
None.
6. ADJOURNMENT
There being no further business, Mr. Torgerson made a motion to adjourn
the meeting. Seconded by Mrs. Young, the motion carried unanimously and
the meeting was adjourned at 9:15 p.m.
0
E
0
Hutchinson Community Development Corp.
45 Washington Ave. East
Hutchinson, Minnesota 55350 °;--
C �s J JanuaAy 13, 1986 6 c Inhn 1. 1, D,,,,;en Excwrvc 875252 Ihlz1 sa-r -szn r Gary D. Plot, n CII, AB,...rns "n,. Mayon Acktand �ti 161215F1 -5151 City Hat '?, ,
Hutchinson, MN 55350
BOARD OF DIRECTORS Dean Mayon Aektand and Atdeamen:
Pri Ronald ). NCGr"w
Amrn y a, taw
Vile Pri.. Arts "r L. C,.,,,r Ene.Zosed .id a copy o{ the minutes ob the Hutchinson Community Development
First onalBak Coapoaati.on's meeting boa January 13, 7986. The BooAd appaoved a motion
s,.,.;Tr,,,. Chad B P;r.hl to aecommend to the eouneiZ the City's paAti.ci.pa ion in an appf i.cat-i,on
°n10id,.D. a, to the State ob Minne6ota boa a Loan to R.iehafcd Desens.
Punncr. bli, AWf
P,n,r."n N C".
T. A. IBn,,I Bari.h The appUcati.on is boa an amount ob $120,000.UO boa a teAm ob 12 yeau
Ex. V.P. Cwe-
Bank and rr",� C,, at a date ob six ( 6) pehcent. This amount witZ be used with bank and ph i.vate
Tr DaE,.,r b.inancing at a minimum ob t6vr.ee to one tevinag.ing.
V.P.. Gcncml T1unu¢cr
Hu¢hnmm Mie. & Sal"Aai
Dnaald A. Gla. The to-taZ dottoA6 in the ttansacti.on w.ia be used boa tand, bu i Ldingh,
&Oran`q °� maehinehy, equipment, woaking eapitaZ, -inventoay, potlution eontkot
Gl.nnh,"r;." equipment, and updating poZZution conthot equipment to deduce heavy
" °' kh'"''1 metal concen 7ati.ons and paov.ide boa expanded paoduc Lion.
Dort; _z
30 jabs w.iZZ be detained baom .this -tAansaetion and 15 tow and modeAa-te
.income jobs wti t be added oven a peaiod ob two yeasts.
The aepayment ob the Loan to the City by the company .i.6 to be used bon
economic devetopment paoject6 in the butuae and adminibtened by HCDC.
Sineeaely,
Ron MCGicaw
Chailunan
Eneloscute: HCDC January 13, 1986 $ocucd ob Di Lectoas minutes
0
,?—,E
HUTCHINSON CO,kWUNITY DEVELOPMENT CORPORATION
Board o5 Ducectors SpeciaP Meeting
Janua,ty 13, 1986
I'L:OU noon
MINUTES
Di/Lector,s Present:
Ron
McGnrw, Cha iAman
Buzz
BuAich
Art
Cooper.
Tom
Daggett
Don
aas
Glenn
Matejka
Chad
PiehQ
Others Present:
John Be2nhagen, Executive Ditee.toh
Garay Ptotz, City Adm' n,istra.'or
Richard Des ens
Gary Havemeien
The meeting w" eaUed to order. by Chaihman McGraw at 12:00 noon.
Bernhagen gave an ovenv.iew o5 the p�coject being eontempeated and meeting dates
to be met.
RichaAd Desens ob Ty'6 Metae F- .n,izhing, Inc., expec-ined the business prtopo'sae to
purchase the asset-6 o6 the parent company and the -type o6 bu6.ines6 he is operating.
GAy Havemeier, the accountant 6or Desens, expeained the opehating statement
and projections o6 the company.
Motion by PiehY, 6econded by Matejka to approve the Soaowing. Motion catr ed.
The Board ob D- vicectoas o5 Hu,tch,inson Community Development Corpota.tion
recommends to the Hutchinson City CounciP they make application to the
State o6 Minnesota undeh the SmaZ2 Cities Economic Development Program
to assist Richard Desens to putehase the assets o5 Ty'6 MetaE Fenishing, Inc.,
o6 Hutchuison, Minnesota. The aprtication is 5or an amount o5 $120,000.00.
ChaiAman McGraw made the 6OUocuing appointment6 a6 Board representatives to the
vati.ous eomm4,ttee6.
Sites S BuiRdeng Committee - -A .t Cooper
Pubtie Inpo,vwtion Committee - -0,)n Cta6
Finance Committee- -Chad Piehe
Business ° Community Contact Committee- -Tom Daggett
Downtown Susine,56 Improvement Committee- -Buzz Butieh
Thee being no othet businz66, the meeting adjourned at 1:U0 p.m.
I'r -
0
E
RESOLUTION NO. 8197
• PUBLIC HEARING NOTICE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON:
The City o6 Hutchinson w.iZt holed a pubtie heaAing on JanuaAy 28, 1986 at
8:00 p.m., in the Hu.tchin6on City HaRX to cona.ideA making an apptieation k'o -t
6unding to the State o6 Minneso-ta undeA the Sma2X C.i tiea Economic Deveto,rn,en..t
P.togAam Got an economi-c devef'opment project.
The pnog,tam and it6 AequiAement6 w.i,tY be explained. Comunents and quehtions
wi-et be webcome. UndeA comidehatian wilt be a pnopoaat to assist P chatd
• Dehens to puAchase the aaaet6 o6 Ty'e Metat Finishing, Inc., o6 Huteh,i"o +t, P.W.
The State'a pnagnam is designed to pnuvide aa6istanee to private b si.neasea
in getting 5ta,' ted oh . n expanding, white bene6iting Pow and modmxte
peuonz. Fot .in6oAuwtion, caU f612) 587 -5151 at Hutch,in6on City Hatt.
Adopted by the City Councit this 14.th day o4 January, 1986.
ATTEST:
Garay otz
• City CPeAk
Paut L. c an
MayoA
�'Z71
JuM 1. BeTwwen
Eaecu6re Di.,
16111587-5252
Gary D. Plea,
CLly Adminwl r
16121507-5151
BOARD OF DIRECTORS
Pre.. Rnnald 1. McGraw
AllorMy al U.
Vice Prey. Arthur L. Cw r
Praidenl
First Nwiulul Bank
Scc:Tma.. Chat B. Piehl
Certified Publi, A¢I.
Pe,e. dl Cu.
T.A. IBual Bunch
Ex. V.P. Cilium
Bank end Tru.l Cu_
Lao Du..ca
V.P_ Gcncrul Mu.u,,
Huntu.n Ml,. 6 S 1,. 1w
Dtmuld A. Glas
Firwuc Fed.
K1k Own A.i n
Glenn MjigU
S.". ct Schad.
Diann 42y
Hutchinson Community Development Corp.
45 Washington Ave. East
Hutchinson, Minnesota 55350
C
DEC 1935
RECEIVED
BY
�10L68
To: Gary Ptotz, city Admini.6ttatoA
Ftom: John Behnhagen
Subject: Recuti6icati.on " a "Stns City"
Since o66tciaZey becoming a 11StalL City" 18 month6 ago, we ate now
due Sot out Jiut annual ieceAti6icati.on ptocc&s.
Enctoaed i,6 a ph.ocedute document JAom the Department ob EneAgy
and Economic Devekopment (DEED) . Item No. 1- -A66i4 nation o6
PaAtiei.pati.on .i.6 an .item Aequiting City Council action. Wowed you
kindey eon.a.ide)L a Ae6otution to this ei6eet by the City Councit
at the.ih January 14 meeting?
9 -F
0
RESOLUTION NO. 8194
RESOLUTION: AS6iAmttion by the City o6 Hutchinson to continue as a "Stan.
City" bon. the purpose o6 economic development.
Whereas, the City Councit o6 the City o6 Hutchinson is duiAous o6 6unthen,ing
the economic development o6 Hutchinson and vicinity, and
Wheaeas, Hutchinson became a "Stan City" in June, 1984, and
Wheheas, one o6 the economic development toots e56ecti.vely used by the
community -is the "Stan. City" ptognam as centi.6.ied by the State Department
o6 Energy and Economic Development, and
whereas, the "Stab City" e66onx, other development activities and the City
Counci.t's adv.ison on ma-tte&6 dealing with economic development is caftied
out by the Hutchinson Community Development Conponation, a non- pno6it
conpo,tation
NOW THEREFORE, BE IT RESOLVED BV THE CITY COUNCIL OF HUTCHINSON, MINNESOTA:
1. The City Councit does hereby renew its patticipati.on and commitment
to the State "Stan City" pnognam bon. economic development. •
2. The City Council neeogn.ize,6 the Hutchinson Community Development
Conponation as the organization nespons.ibte bon eannyi.ng out the
procedures soh state recerti6i.cation o6 the "Stag City" program.
Adopted by the Citu Council thi.6 14th day o6 Januanu, 1986.
Paut c
Manor
ATTEST:
Gary D. PZotz
Ci.tu Ctenk
0
Hutchinson Civic Arena 950 Harrington Street Hutchinson, Minnesota 55350
TO: Mayor & City Council
FROM: Bruce Ericson, Parks & Recreation Director
Mary Haugen, Civic Arena Manager
DATE: January 13, 1986
SUBJECT: A.S.C.A.P. Fee
0
Phone 612 -587 -4279
The playing of music at public skating sessions at the Civic Arena
has been discontinued. This practice enables us to avoid paying any fees to
music liscensing groups such as A.S.C.A.P. It's anticipated that atten-
dance will drop slightly as a result. Other indoor ice arenas in Minne-
sota have adopted the same policy. In Farmington, skaters are allowed to
bring their own portable radios to the open skating sessions.
The other alternative is to pay the liscensing fee to A.S.C.A.P. This
would allow us to play the radio, tapes or records. Attendance is likely
to be somewhat higher. Several arenas in the state pay this fee, such as
Eden Prairie, Apple Valley and Burnsville.
If the fee to A.S.C.A.P. isn't paid, we would continue a policy of no
music at public sessions. It's doubtful that A.S.C.A.P. would view this
arrangement as satisfactory. The arenas contacted that had paid the fees
had no other requests from A.S.C.A.P. other than the annual fee.
To keep our attendance up at the open skating sessions and to insure
no further requests from A.S.C.A.P., we recommend that the annual fee be
paid.
klm
9-�
r (612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
December 5, 1985
Mayor Robert Stearns and the
Hutchinson City Council
RE: ASCAP license for Hutchinson Civic Arena
Dear Mayor Stearns:
As you may be aware, the city of Hutchinson has been
engaging in an ongoing battle with the American Society of
Composers, Authors and Publishers concerning the necessity of
obtaining an ASCAP license for the Parks and Recreation
Department. Z am enclosing copies of the following documents
in order for you to better understand the development of this
matter:
1) Letter from ASCAP to Bruce Erickson dated February 1,
• 1985;
2) Letter from League of Minnesota Cities to City Attorney
dated February 26, 1985;
3) Letter from City Attorney to ASCAP dated March 11, 1985;
4) Letter from ASCAP to City Attorney dated March 21, 1985;
5) Letter from City Attorney to ASCAP dated April 17, 1985;
6) Letter from City Attorney to Gary D. Plotz dated April 17,
1985;
•
7) Letter from ASCAP to City Attorney dated June 5, 1985;
8) Letter from City Attorney to ASCAP dated June 17, 1985;
9) Letter from City Attorney to ASCAP dated June 28, 1985;
10) Letter from ASCAP to City Attorney dated July 2, 1985;
11) Letter from City Attorney to ASCAP dated November 4, 1985;
A review of all these documents shows that the city
has consistently denied any need for an ASCAP license and has
taken the position that rather than obtaining a license, the
city will forego the playing of any ASCAP licensed music at
the Hutchinson Civic Arena. This policy was adopted since
testing the necessity of obtaining an ASCAP license in court
Mayor Robert Stearns and the •
Hutchinson City Council
December 5, 1985
Page Two
would be expensive, time consuming and have no guarantee of
success.
In a letter from ASCAP dated November 15, 1985 I was
informed that on October 27, 1985 a spot check of the
Hutchinson Civic Arena revealed that radio broadcasts were
being used over the multiple speaker system for the enjoyment
of skaters and the audience. If we wish to avoid litigation
with ASCAP, this practice must be stopped and only non -ASCAP
music should be broadcast over the civic arena's public
address system. Failure to follow this policy will
undoubtedly result in some sort of litigation initiated by
ASCAP.
In previous requests by ASCAP for licensing they have
sought licensing for years beginning in 1981. This resulted
in a total licensing fee of $1,125.00. In the latest
communication, they have indicated that they would forego any •
claim for previous licensing fees, forgive and past due
infringements and license the Hutchinson Civic Arena for the
dates between November 1, 1985 and March 31, 1986 for $225.00.
This license fee represents the peak skating season and the
time when ASCAP music is most likely to be played. The city
would apparently be able to renew its license fee arrangement
each year for approximately the same fee.
As I view it, the city has three alternatives. The
first alternative is to continue to play ASCAP music as we
have in the past. If we choose this alternative we must be
prepared to defend our actions in court. Although there is no
specific court case in Minnesota that indicates our position
is incorrect there are decisions in other jurisdictions that
would indicate that a court could very well find us in
violation of the copyright laws. In any event, legal action
would be extensive and time consuming.
The second alternative is to discontinue use of any
ASCAP music. This is the alternative that has been previously
adopted. If we continue to follow this policy, it is
imperative that it be strictly followed so that no potential
violations of copyright laws occur.
The third alternative is to obtain an ASCAP license.
Such a license would permit the city to play ASCAP music on
0
Mayor Robert Stearns and the
Hutchinson City Council
December 5, 1985
Page Three
tape or records. This alternative may be the easiest in the
long run since it is apparently difficult to obtain non -ASCAP
or non - copyrighted music for playing over our system.
I am asking that the Council consider each of these
three alternatives and provide direction at the next Council
meeting.
Sincerely yours,
CITY OF HUTCHINSON''-
By /C J�v
James H. Schaefer UU `
Hutchinson City Attorney
JHS:dlp
Enclosures
49
(6 12 Sd7.515'
CITY OF HUTCHI ON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0
DATE: December 16, 1985
TO: Mayor and City Council
FROM: Director of Engineering
RE: R.R. Spur and Connector Track
Grading and Gravel Sub -base
Due to unsuitable soils adjacent to the existing mainline where the spur and
connector track begin, it was necessary to excavate by backhoe. This work
was not part of the original bid. Change Order No. 1 covering this work is
attached for your approval.
0
MVP /pv
•
Marlow V. Priebe
Director of Engineering
1985 RAILROAD SPUR AND
CONNECTOR TRACK
"7F H •7, ,
Removal of Unsuitable Material - 20 hours @ $79.00/hours =
$1,580.00
Approved:
Signed:
Date
Mayor
City Clerk
0
•
(612) 587.5151
ff ITY OF HUTCHINSON
WASHINGTON AVENUE WEST
CHINSON, MINK 55350
M E M O
DATE: December 12, 1985
TO: Mayor and City Council
FROM: Homer Pittman, Building Official
RE: Board of Appeals
Pursuant to Minnesota statutes Sections 16B.59 to 16B.73, as they relate
to Administration and Enforcement of the State Building Code and the
requirements for Certification.
The City of Hutchinson must establish a Board of Appeals in order to
determine the suitability of alternate materials and methods of construction.
A copy of the guidelines and the appeals process is attached.
•
HP /pv
attachments
•
Homer Pittman
Building official
7. Certificate of Occupancy
No building or structure of Groups A, E, I, H, B, or R. Division 1 .
Oocvpancy, shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a
certificate of occupancy therefor as provided herein. A municipality
may require certificates of occupancy for Group R3, RA and Group M
oocupancies. UBC Section 307.
a. In order to determine the
created a Board of Appeals consisting of members who are
qualified by experience and training to pass upon matters
pertaining to building construction. The building official
shall be an ex officio member and shall act as secretary of the
board. The Board of Appeals shall be appointed by the governing
body and shall hold office at its pleasure. The board shall
adopt reasonable rules and regulations for conducting its
investigations and shall render all decisions and findings in
writing to the building official with a duplicate copy to the
appellant and to the State Building Inspector within fifteen
(15) days of such decision.
b. Appeal Process
Step One — Review with local Building Official
Step Two — Request Review by Local Board of Appeals
Step Three — Board of Appeals Decision Reviewed by State
Building Codes and Standards Division
Step Four — Appeal State Building Codes and Standards Division
Interpretation to the Commissioner pursuant to MN Stat. 16B.67
c. Does not permit waivers or variances of code requirements.
September, 1985
Page 6
•
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•
1300.0500 APPLICATION FOR APPEAL.
Subpart 1. Yom of request. Pursuant to Minnesota
Statutes, section 168.67, any person aggrieved by the final
determination of any municipality as to the application of the
code may, within 30 working days of said decision, appeal to the
comosiuioner. The appeal shall be accompanied by a cashiers
check, certified check, money order, or equivalent, payable in
the amount of $20 to 'Commissioner of Administration."
Subp. 2. Contents of request. The request for appeal
shall contain the following:
A. name and address of applicant appealing the
decision;
- B. attorney representing applicant, if any;
C. municipality information including name of
municipality, building official, and the local appeal board
chairman;
D. property description, including address of
property involved;
E. description of structure, including occupancy,
sire, construction type;
F. a copy of the municipality's written decision;
G. specific nature of appeal, including but not
limited to the follwingc code section(s) which are applicable
to the specific question; code section(s) that may indirectly
apply; and listing of issues involved; and
S. any other relevant information requested in
writing by the commissioner.
Subp. 3. Hearing. The commissioner shall arrange for the
Office of Administrative Hearings to conduct a hearing on said
appeal pursuant to Minnesota Statutes, sections 14.57 to 14.70.
Subp. 1. Copies of determinations. Copies of all final
determinations of the coueissioner shall be sent to the
appellant and the municipality involved or the attorney
representing the appellant municipality.
MS a 168.59 to 168.73
\J
11
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
December 18, 1985
Mayor Paul Ackland and the
Hutchinson City Council
HUTCHINSON CITY HALL
37 Washington Avenue West
Hutchinson, MN 55350
0
a�
�g16�r iary2Cc
i -lE
RE: Robert McGee vs. City of Hutchinson Conciliation Court
Action
Dear Mayor Ackland and Councilmembers:
Mr. Robert McGee instituted an action in McLeod County
Conciliation Court seeking to recover from the city of
Hutchinson fees for refuse pickup generated during the years
1980 through 1985. These fees consisted of commercial
charges to Artic Refrigeration Service, a business which he
ran from his residential location at 173 Fifth Avenue
Northeast. Mr. McGee's position was that during those years
his business generated no garbage pickup and he therefore
should be billed solely for the residential refuse collected.
The city based its position on Hutchinson City Ordinance
Section 225:25 which states "A charge shall be made against
each single family residential unit, each complex of multiple
dwellings, and each commercial, industrial, religious and
educational establishment." The city argued that this
ordinance permitted double billing for locations that
consisted of both a residential unit and a commercial unit.
Judge Bull felt that such an interpretation could not be
specifically made from the language of that ordinance.
Despite Judge Bull's problems with the wording of the
ordinance he dismissed Mr. McGee's claims. The basis for
Judge Bull's dismissal was Mr. McGee's failure to take timely
and appropriate action during the proceeding years. Judge
Bull indicated that although he lacked authority to order any
compromise, he felt that fundamental fairness would suggest
that the city refund to Mr. McGee the amount assessed to taxes
during the year 1985. This figure was approximately $189.00.
The council should consider this suggestion non - binding and at
Mayor Paul Ackland and City Council .
December 18, 1985
Page Two
the present time is free to take whatever action on this
matter it desires.
In order to alleviate this problem in the future I
have prepared a proposed amendment to Hutchinson Ordinance
225:25. This amendment should be considered by the council at
its discretion.
Sincerely yours,
CITY OF HUTCHINSnnOLLN
I
James H. Schaefer
Hutchinson City Attorney
JHS:dlp
• PUBLICATION NO.
ORDINANCE NO. 1/86
AN ORDINANCE AMENDING SECTION 225 OF THE
ORDINANCES OF THE CITY OF HUTCHINSON ENTITLED
"GARBAGE AND REFUSE DEPARTMENT"
THE CITY OF HUTCHINSON DOES ORDAIN:
SECTION 1. Section 225 of the Ordinances of the City
of Hutchinson entitled "Garbage and Refuse Department" is
hereby amended as follows:
Section 225:25 Collection Charges. A charge
shall be made against each single family residential unit,
each complex of multiple dwellings, and each commercial,
industrial, religious and educational establishment. In the
event that two or more of the preceding categories are
combined at one location, a charge shall be made against each
such category located thereon. The monthly charge shall be
established by resolution of the Council and shall from time
to time be increased or decreased in the same manner as the
Council in its best judgment shall determine necessary to
defray the costs of collection. The charges for garbage and
refuse collection shall be made on three (3) month billing
periods.
SECTION 2. This ordinance shall take effect upon its
passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON THIS
DAY OF , 1986.
ATTEST:
Gary D. Plotz, City Clerk
•
CITY OF HUTCHINSON
By/
Paul Ackland, Mayor
;. G
(612) 587.5151
ff ITY OF HUTCHINSON
WASHINGTON AVENUE WEST
CHINSON, MINN. 55350
M E M O
DATE: December 17, 1985
TO: Mayor and City Council
FROM: Director of Engineering
RE: Improvements - Colorado Circle
l,a � y
Attached is a petition by the Developers of Helland's Seventh Addition,
requesting certain improvements. These are the only improvements needed for
said Seventh Addition that are not already approved for 1986 construction.
Since the petition is signed by 100% of the owners, the attached resolution
waiving the hearing and ordering the report should be approved.
•
MVP /pv
attachements
J
Marlow V. Priebe
Director of Engineering
PETITION FOR LOCAL
Hutchinson, Minnesota
November 6, 1985 •
To the CIty Council of Hutchinson, Minnesota:
We, the undersigned, being 100% owners of the frontage of real property
adjacent to the cul -de -sac in proposed Helland's Seventh Addition, hereby -
petition for the property to be improved by Sanitary Sewer, Batermain,
Storm Seger, Grading, Gravel Sub -Base and Appurtenances, pursuant to
Minnesota Statutes, Chapter 429.
We, hereby request the improvements be installed in 1986.
We, hereby waive our right to a public hearing, pursuant to Minnesota
Statutes, Chapter 429, and agree to pay the cost of the improvement.
Lots 1, 2, 3, 4 and 5 of Block 1, Helland's Seventh Addition
131Aa ",& ((o 4P � —I�
yn6tte Kaye Ol n
Yr a' ,%ll.•r.d
Loren J. elland
Examined, checked and found to be in proper form and to be signed by
the required number of owners of property affected by the making of the
improvement petitioned for.
City Clerk
9 -;4
•
RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT
Resolution No. _
BE IT RESOLVED BY TOE CITY COUNCIL OF HUTCNINSON, MINNESOTA3
1. A certain petition requesting improvement of cul-de-sac in
Nellandta Seventh Addition to be known as Colorado Circle by the construction
of Sanitary Sewer, Watermain, Storm Sewer, Grading, Gravel Sub -Base and
Appurtenances, is hereby declared to be signed by the required percentage of
owners of property affected thereby. This declaration is made in conformity
to Minnesota Statutes, Section 429.035.
2. The petition is hereby referred to Marlow V. Priebe, Director of
Engineering, and 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 beat 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 14th day of January, 1986.
•
City Clerk
•
Mayor
0
January 9, 1986
Council Members
Hutchinson City Council
Hutchinson, MN 55350
BURNS MANOR
MUNICIPAL NURSING HOME
North High Drive
Hutchinson, Minnesota 55350
Phone (612) 587.4919
JAIV
State of Minnesota, Department of Public Safety, State Fire
Marshal Division has issued a code violation to Burns Manor.
The basement supply room must be sprinklered in accordance
with the law. On motion duly made, seconded and carried
Eagle Automatic Fire Protection Company proposal for
$10,550.00 was selected. The proposal is enclosed for your
approval.
Upon notification of the Council's approval, I will notify
Eagle Company to proceed with the correction of the violation.
Thank you.
Sincerely.
u-- o- c.•d /� J�
Mavis J. Geier
Administrator
cc David Keeper
Department of Public Safety
Saint Paul, MN 55101
rroposal
' Eagle Automatic Fire Protection Company
ikl 2335 Nevada Avenue North * Minneapolis, Minnesota 55427 ib (612) 546 -2335
• / AUTOMATIC SPRINKLER SYSTEMS - INSPECTION SERVICE CONTRACTS - ENGINEERING
(�M EMERGENCY MAINTENANCE- 24-HOUR SERVICE
SUBMITTED TO
CITY. S
TE OF PLANS
OB LOCATION
DATE
JOB PHONE
We hereby submit specifications and estimates for:
Furnish and install a wet pipe shrink - system fnr the atnrAge room 4" the
basement of the above referenced Proiect. This
—� --
to come from existing 4" underground lead -in Revise existing valve ■ssanhly
standard fire department connection to be located outside of window well AA
- A"
outside horn/light are a sn in luAed in this prnpoSal- tethers to provide access
above suspended metal lath and plaster ceiling in laundry room. Others to
patch as required. Proposal figured on normal working hours. System design in
accordance - latest edition of . and
(CONTINUED)
WeProposeheneby to furnish material and labor — complete in accordance with above specification, for the sum of:
�_ _._,e7e760.00
LQi•G LiV
PAYMENTto be made monthly as the work progresses to the value of 90 % I er cent of all work�campleie and material
on job site. The entire amount of contract to be paid within 3-0 days after completion.
All material is guaranteed to be as specified. All work to be completed in a workmanlike Authorized
manner according to standard practices. Any .h<roN on or deviation from above speciffco- Signature
trans involving list,. costs will bee ecuted only upon written orders, and will become on
estrm charge over and above the estimate. All agreements contingent upon strikes, acci-
its or delays beyond our control. Owner to corrzz fiver tornado and other necessary in- Note: This proposal may be
- Our workers are fully covered by Workmen's Compensotion insurance. withdrawn by us if not accepted within �n _ days-
W
The above prices, specifications and conditions are satisfactory and are hereby accepted.
You are authorised to do the work as specified. Payment will be made as outlined above. Signature
Dote of Acceptance Signature ! f f
r`
rruwu al
Eagle Automatic Fire Protection Company
ikl 2335 Nevada Avenue North * Minneapolis, Minnesota 55427 * (612) 546.2335
AUTOMATIC SPRINKLER SYSTEMS — INSPECTION SERVICE CONTRACTS — ENGINEERING—
TO
ZIP CODE
estimates
EMERGENCY MAINTENANCE -24 -HOUR SERVICE
1. oaintina of oiyina
_2. Alectrical wiring
3. central atatinn
4s inenlation wrap for domestic riser
5. pitching
PHONE
NAME
Lita
-Add 29 XRHMUers on expgsed piRing for the following areas,
2. linen room
5e
DATE
PHONE
men t a & wf
ace av
3. laundry room 6 elevator eaniFsagnt 9 boi� room
room
Add to Base Bids $2,790.00
hereby to furnish material and labor _ complete in accordance with above specification, for the sum of:
PAYMENT to be made
on job site. The entire amount of colrtrott to be
All mater
manner a,
tions inv.
setra cha
dents w
once. Ou
the work progresses to the value of ( r% ) per cent of all work complete and material
completion.
guaranteed to be as specified. All work to be completed in a workmanlike
zg to standard proctices. Any alteration or deviation from above specifica.
eelra costs will be executed only upon written orders, and will become an
or and obove the estimate. All agreements contingent upon strikes, acci-
beyond our control. Owner to carry firer tornado and other necessary in-
ers are fully covered by Workmen's Compensation insurance.
�% a,•
The above prices, specifications and conditions are satisfactory and ore hereby accepted.
You are outhariced to do the work as specified. Payment will be made as outlined above.
Date of Acceptance
Authorized
Signature _
Note: This proposal may be
ithdrown by us if not accented within
•
•
FA (612) 587.5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
TO: Mayor & City Council
FROM: Bruce Ericson, Parks & Recreation Director
DATE: January 9, 1986
SUBJECT: Recreational Fee Changes
kin
The Parks & Recreation Board made the following recommendations for
changes in the adopted fee schedule.
Current Recomendation
Non Resident Swimming Lessons $15.00 $12.00
(Resident fee is $10.00)
Jogging /walking in field house .50 No Charge
(Justification is that no equipment
is being used)
The board will be reviewing suggestions as they relate to the new
facility and making recommendations when necessary.
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
to
TO: Mayor & City Council
FROM: Parks & Recreation Board /Tree Board
DATE: January 9, 1986
SUBJECT: Downtown Sidewalk Tree Plantings
The recent interest in downtown sidewalk tree plantings and the
actual plantings themselves have required the city to formulate
regulation of maintenance for these special trees.
The Parks & Recreation Board and the Tree Board are recommending an
. addendum to the existing Tree Ordinance and have also compiled a
letter of responsibility to be sent to each downtown business
stating who is responsible for care and maintenance of downtown
trees.
•
The Parks & Recreation and Tree Boards are recommending that the
addendum be considered. The addendum will provide each business
with a clearly stated, understandable guideline of which to follow.
9�
TO: Downtown Business District Property Owners •
FROM: Mark C. Schnobrich, City Forester /Tree Board
DATE:
SUBJECT: Downtown Sidewalk Tree Plantings
The addition of trees to our downtown business district is just
one way of beautifying our community and making it a more
pleasant place to live. Those businesses which have contributed
in such a way should be commended.
The addition of trees to the downtown area property does bring
with it some unique problems. Pedestrian clearance, vehicle
clearance, along with disease and insect control, all are
compounded in sidewalk planting areas. The Tree Board along with
myself would like to remind each downtown business that
maintenance of these trees must be routinely done in order to
provide for a safe sidewalk area for pedestrians and motor
vehicle traffic.
All businesses which place trees in a sidewalk grate environment
are responsible for the care of those trees. City ordinance •
requires any tree with a crown hanging over a sidewalk or street
be pruned to a height of eight feet for sidewalk clearance and 14
feet for street clearance.
Supplemental watering beyond normal rainfall along with
fertilization is a must for proper tree health. These simple
routine maintenance practices will provide a safe and healthy
environment for both people and trees.
We recommend businesses make these tree maintenance practices a
routine part of their building maintenance schedule.
If at any time you have questions or need assistance with your
sidewalk area trees, please feel free to call the Hutchinson
Parks and Recreation Department at 587 -2975. We will be glad to
help you in any way we can.
LJ
0
ADDENDUM TO ORDINANCE N0.591, SEC. 1022
Sidewalk Tree Planting
The planting of trees within the sidewalk right of way of businesss
districts is permitted. Any business planting trees on their adjacent
sidewalk right of way must first approve that planting with the Hutchinson
Tree Board.
Sidewalk Tree Care
All maintenance in accordance with Sec. 1022:50 of the City Tree Ordinance
will be performed by the property owner. The City of Hutchinson has the
authority to notify the property owner of any hazardous or unsafe tree and
require the tree owner to correct such a tree within a reasonable amount of
time.
•
r (612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
TO: Mayor & City Council
FROM: Ken Merrill, Finance Director
DATE: January 14, 1986
SUBJECT: Consideration of Payment on Recreation Center
The Building Committee met at 5:00 p.m. on Tuesday,
January 14, 1986. The following additional bills are
being submitted for payment to:
klm
is
Pinske Builders $66,877.68
A�) —Q
WHighway 7 East
Velvet Coach Inc._ __
HUTCHINSON, MINNESOTA 55350
/',f /yBel
--
ZZ
12
JAN
a�
ftczrft
.:. M.
11-a l
19 UVIK1945yf6y
REGULAR COUNCIL MEETING
January 14, 1986
• WATER $ SEWER FUND
Jan.
medical insurance
$213.43
Blue Cross Blue Shield
Jan.
medical insurance
$1353.56
Canada Life Assurance Co.
Jan.
dental insurance
179.83
Firemans Fund Schools Inc.
Jan.
LTD insurance
47.68
Mn. Mutual Life Assurance Co.
Jan.
life insurance
47.43
Hutch Medical Center
phy
exam- J.Hughie
18.00
Blue Cross Blue Shield
Jan.
medical insurance
$213.43
Canada Life Assurance Co.
Jan.
dental insurance
28.31
Firemans Fund Schools Ins.
Jan.
LTD insurance
6.60
Mn. Mutual Life Assurance Co.
Jan.
life insurance
6.51
Harpel Bros.
parts
Employee Benefit Adm. Co.
4.70
Inelft!
GENERAL FUND
Larry 4 Barbara Sorensen
final payment
$9900.00
.Susan Martin
gymnastic refund
9.00
Bennett Office Supplies
supplies
67.40
Central Mn Firemans Reg. Ass.
1986 dues
20.00
Ed Davis Bus. Machines
supplies
5.95
Employee Benefit Adm. Co.
3rd qtr insurance
38,765.25
Fire Engineering
1986 subscription
16.95
Govt Fin. Officers Assn.
1986 dues
10.00
Mn Council of Airports
1986 dues
25.00
Mn. StateFire Assn.
1986 dues
90.00
Mn. State Fire Chief Assn.
1986 dues
95.00
National Police Supply
supplies
71.20
Pioneerland Library
1st qtr payment
13,265.00
State of Mn. -NDC
real estate financing seminar
250.00
Willmar AVTI
CIM refresher course
66.00
John Bernhagen
Jan. compensation
1662.50
Hutch Chamber of Commerce
office rental
125.00
Co. Treasurer
dl fees
138.00
Culligan Water Condition
monthly service
12.50
G.F. Nemitz $ Sons
plastic
8.00
MSF
registration fees
128.00
Motorola
quarterly billing
840.00
Mn. REc. & ParkAssn.
1986 dues
25.00
Northwestern Bell
leased phone line
324.46
No.Am. Cable Systems
basic cable
6.45
rlin Henke
intown mileage january
30.00
�f idcontinent Theatre
office rental
325.00
James Schaefer
i january compensation
1001.00
Xerox Corporation
monthly payment
270.92
// - 4�? ,
-2-
toBlue Cross Blue Shield Jan. medical insurance
Canada Life Assurance Ins. Jan. dental insurance
Firemans Fund School Ins. Jan. LTD insurance
Mn. Mutual Life Assurance Co. Jan. life insurance
GENERAL FUND
*Dept.
of
NaturalResources
snowmobile reg. fees
*Dept.
of
Natural Resources
recreation vehicle reg
*Dept.
of
Natural Resources
boat registration fees
*HAVTI
Adult
Extension
registration fee for 6
*Dept.
of
Natural Resources
rec. vehicle reg. fees
*Dept.
of
Natural Resources
snowmobile reg. fees
WATER & SEWER FUND
U.S, Postmaster postage for water bills
•
•
fees
14,462.30
1,928.28
581.26
478.33
85,003.75
116.00
18.00
36.00
120.00
72.00
156.00
518.00
$126.47
1985 EXPLNS;.-
REGULAR COUNCIL :MEETING January 14, 1986
WATER $ SEWER FUND
Percy Hansen
•
meter readings
$115.42
Braun Eng. Testing
testing
1292.00
Champion Auto Store
2 permatex
7.48
Consulting Eng. Diversified
professional fees
124,076.42
Tippecanoe Press Inc.
meter binders
108.87
Big Bear
shovels
65.94
Central Garage
Dec. repair jobs
188.73
Coast to Coast
supplies
24.70
Commissioner of Revenue
Dec. Sales tax
965.09
Curtin Matheson Scientific
chemicals
92.76
Farm $ Home
supplies
6.23
Fitzloff Hardware
supplies
5.50
G $ K Services
uniform rental
82.80
Hutch Cennex Oil
gasoline
404.08
Hutch Utilities
electricity 8, gas
12,272.69
Hutch Wholesale
supplies
12.06
Johnson Super Valu
supplies
33.57
Junker Sanitation
refuse
21,633.75
Juul Contracting
river trunk line
586.25
K Mart
hydraulic jack
34.97
L & P Supply
supplies
8.52
LTP Enterprises
repairs
2522.07
McLeod Co. Sanitary Landfill
dec. dumping charges
11.00
Mn. Valley Testing Inc.
testing
165.00
Plaza Hardware
supplies
9.59
�ower Process Equipment
supplies
100.44
Power Process Equipment
parts
153.15
Quades
supplies $ repairs
636.80
Rutz Plbg $ Htg.
repairs
89.50
Schmeling Oil Co.
oil
22.30
Sears
hammer drill
83.15
St. Treasurer 1
pera
252.45
State Treasurer
social security
424.72
Sharstrom Plbg.
parts
2.18
Town F, County Tire
repairs
9.58
United Bldg. Center
supplies
259.07
Water Products Inc.
meter parts
410.03
167,168.86
CENTRAL GARAGE FUND
Cummins Diesel Sales
parts
$ 19.24
Wacker Implement
repairs
671.14
Am. Welding Supplies
welding gas
14.95
Big Bear
supplies
21.96
Brandon Tire Center
supplies & repairs
93.20
Borchert Ingersoll Inc.
parts
76.29
arm $ Home Dist.
parts
4.02
rorbes Auto Store
parts
3.75
GTC Auto Parts
supplies
639.38
Hutch Wholesale Supply
supplies
396.67
Jerabek Machine Shop
repairs
30.00
// - Cwt.
-2- 1985 EXPENSES
Plowmans Inc.
repairs
$ 41.10
Plaza Hardware
• Road Machinery
parts
parts
9.21
109.22
Rockite Silo
parts
45.00
Rockmount Research
parts
103.45
Schmeling Oil Co.
oil
370.04
Schramm Implement
parts
3.86
State Treasurer
pera
42.55
State Treasurer
social security
71.58
Town & Country Tire
repairs
27.00
Ziegler Inc.
parts
538.31
3,331.92
GENERAL FUND
Cliff Paulson
safety shoes
$ 30.00
Gale Boelter
santa claus
40.00
Jenny Kemper
softball umpire
3.00
Graham Payne
skating dance classes
210.00
Nancy Riddle Mills
skating dance classes
210.00
Joe Sic
cleaning floors 4 walls
50.75
Mark Schnobrich
gasoline
10.00
James Sullivan
•Harland Emans
skating refund
custodian fee
10.00
180.00
Arthur Saar Jr.
refund on license - liquor
625.00
Barb's Upholstery
cover repair
10.00
Bennett Office Supplies
copier
1995.00
Christensen Piano service
piano tuning
39.50
D.J. Macs
19 breakfasts
57.00
Division of Boiler license
second class license
5.00
Ed Davis Bus Machines
equipment and supplies
521.56
General Indicator Corp.
parts
33.12
Land Care &,Equipment
3 mowers
1280.00
National Supply Center
supplies
66.81
National Guard Armory
gym rental
240.00
Olsen Chain Co.
slings with hook
56.50
Persians
repairs
61.75
Rickeman Seed Center
lawn seed
3120.00
Stewart Sandwiches
arena supplies
112.85
A 4 B Electric Inc.
repairs & supplies
191.00
Allen Office Products
supplies
60.28
Albrecht Oil Co.
kerosene
9.50
Big Bear
supplies
28.30
Brinkman STudio
film
9.70
Brinkman STudio
film 4 photo finish
14.55
Central Garage
Dec. repair jobs
4357.24
larr Flowers
plants
21.95
entral Mn. Commission
repairs
240.39
Crow River Vet Clinic
boarding dogs
82.50
Coast to Coast
supplies
212.97
1985 EXPE;ISES
-3-
• Coca Cola Bottling
arena supplies
$274.50
Commissioner of Revenue
Dec. sales tax
513.80
Culligan Water
salt $ service
100.40
Communications Auditor
repairs
143.96
Don Streicher Guns
supplies
42.00
Erickson Food
supplies
2.34
Erickson Food
supplies
63.65
Erickson $ Templin
Dec. snow removal
1678.50
Electro Watchman
annual alarm charge
223.28
Family Rexall Drug
supplies
58.79
Farm $ Home
supplies
111.53
Feed Rite Controls Inc.
supplies
220.41
Felskas Auto Machine
repairs
793.04
Great Plains
supplies
80.20
GTC Auto parts
supplies
51.65
Fitzloff Hardware
supplies
125.49
Gopher Sign Co.
signs
1644.40
G $ K Services
uniform rental
365.23
Holmsten Ice Rinks
supplies
206.38
Hager Jewelry
plaques
31.30
Hutch Cennex Oil
gasoline
4835.90
Henrys Candy CO.
supplies
658.66
Home Bakery
supplies
20.94
Hutch Fire Dept.
postage refund
81.32
Hutch Iron $ Metal
supplies
8.60
Hutch Landscaping
shrubs
50.00
Hutch Leader
publication costs
1242.15
Hutch Police Dept.
meetings, postage, supplies
128.10
Hutch Plbg F, Htg.
water heater and repairs
394.05
Hutch Utilities
electricity $ gas
19,550.20
Hutch Wholesale
supplies
71.28
Hutch Cafe
dinners for meetings
123.53
Hutch Fire $ Safety
repairs
142.65
Ind. School Dist. 423
bldg. supervisor
82.88
Ink SPots
printing
54.50
Jerabke Machine Shop
supplies
3.67
Johnson Super Value
arena supplies
99.89
K Mart
6 ice spikes
23.82
Kokesh
supplies $ equipment
459.37
Krasen Plbgv Htg.
drinking fountain
225.00
Krasen Plbg & Htg.
supplies
36.92
MTI Dist. Co.
parts
51.70
Mankato Bus. Products
service contract
35.00
McLeod Coop Power Assn.
electricity
596.83
Mn. Blue Print
supplies
63.06
McLeod Co. Landfill
Dec. dumping charges
32.00
McGarvey Coffee
coffee
116.40
Dean O'Borsky
meeting expenses
26.41
Plaza Hardware
supplies
59.52
Electric
supplies
72.93
�opps
utz Plbg. $ Htg.
repairs & supplies
434.57
Quades
repairs & parts,supplies
458.65
Schmeling Oil Co.
fuel oil
2108.00
Shonko
supplies
24.92
Simonson Lbr.Co.
supplies
7.68
1985 EXPENSES
i _4
R $ R Specialties
Schramm Implement
State Treasurer
State Treasurer
State Treasurer
Tri Co. Water Condition
Tombstone Pizza
Untied Bldg. Centers
Floor Care Supply
Jatinke Red Owl
Joes Sport Shop
L 0 P Supply
Northwen State Supply
BOND FUNDS
Bonds of 1985
•Hutch Utilities
Juul Contracting
Pool $ Recreation Construction Bonds
repairs
supplies
4th qtr surcharge
pera
social security
salt
arena supplies
supplies
supplies F, equipment
supplies
trophies
supplies
supplies
4 lites rolling oaks lane
construction costs
Hauenstein $ Burmeister equipment etc.
Hutch Utilities utilco connectors
Mn. Playground Inc. divider curtain netting
Baker Electric Co. telephone $ computer outlets
Library Construction Bonds
Hutch Utilities 4 lite fixtures
Metrol Systems Furniture partial payment
Lau Sales Co. towel dispenser
KorngiebelArchitecture 'z fees
•
$113.10
27.00
411.09
3765.47
2936.92
17.10
38.75
220.45
6366.99
109.07
20.00
141.70
6.25
28,370.11
$3991.77
5404.80
9396.57
$61,1SO.00
217.44
397.01
363.00
62,127.45
3346.58
2000.00
38.00
5505.18
10,889.76
1985 EXPENSES
-5-
GENERAL FUND
*D. A. Tange Company
*State Treasurer
*State Treasurer
CENTRAL GARAGE FUND
*State Treasurer
*State Treasurer 1
WATER $ SEWER FUND
*State Treasurer
*State Treasurer
*U.S. Postmaster
GENERAL FUND'
*Dept. of Natural Resources
. *PBCC
*Insurance Planners
*Dept. of Natural Resources
*Dept. of Natural Resources
*Commissioner of Revenue
*Dept. of Natural Resources
*Dept. of NaturalResources
•
insurance retainer 1441.53
social security 2909.30
pera 3804.07
8154.90
social security 41.69
pera 25.13
66.82
social security 394.93
pera 238.08
100 stamps 14.00
647.01
snowmobile
reg.
fees
200.00
mailing machine
lease payment
102.00
insurance
coverage
28,867.00
snowmobile
reg.
fees
246.00
snowmobile
reg.
fees
196.00
arena nov.
sales
tax
143.57
snowmobile
reg.
fees
102.00
recreation
veh.
reg. fees
130.00
29,986.57
MUNICIPAL LIQUOR STORE
Griggs Cooper & Co.
Griggs Cooper &Co.
is Griggs Cooper & Co.
Ed Phillips $Sons
Triple G Distributing
Lenneman Beverage Inc.
Locher Bros. Inc.
Friendly Beverage Inc.
Ed Phillips 4 Sons
Bernick Pepsi Cola Bottling
Andy Lundholm
Coca Cola Bottling
Henrys Candy Co.
Northland Beverages Inc.
City of Hutchinson
Hutch Utilities
Hutch Telephone
Coast to Coast
Junker Sanitation
Hutch Leader
Ink Spots
Nationwide Papers
KDUZ
American Linen Supply
Sprengler Trucking
•
•
mix
$ 76.47
mix
152.73
mix
31.94
mix
35.28
beer and mix
11,960.55
beer & mix
16,472.30
beer & mix
9101.35
beer
1114.10
liquor
60.27
mix
52.50
misc
61.50
mix
398.15
supplies
1096.03
mix
343.50
water,sewer,refuse
50.33
electricity and gas
725.36
dec. phone
67.62
calulator, repair parts
52.24
refuse
97.50
advertising
208.00
keg slips
26.00
bags
111.20
advertising
441.60
towell service
17.60
2 mos freight
1156.00
43,910.52
19SS EXPENSES
SPE:IAL COUNCIL MEETING January 2, 1986
WATER $ SEWER FUND
•Tippecanoe Press Inc. meter reading sheets 102.59
Mn. Pollution Control Agency registration fees 50.00
Feed Rite Controls Inc. chemicals 388.91
Mn. Valley Testing testing 82.00
Water Products Co. meter parts 105.93
CENTRAL GARAGE FUND
Harpel Bros repairs 9.00
Interstate Diesel repairs 37.61
Jerabek Machine Service repairs 20.60
Ziegler Inc. repairs 313.20
GENERAL FUND
Mn. Dept. of Transportation
71.73
Markhurd Corporation
aerial surveys
23,605.00
Supply Co.
supplies
27.10
•Automation
American Concerete
manual membership directory
22.50
Bailey Nurseries
trees
244.80
Cameo Cleaners
police cleaning
3.50
F 4 E Sales
signature plate
117.50
Hansen Gravel
rock
7.50
Drivers License Guide Co.
ID checking guide
15.95
Metro Fire Equipment
oil
34.77
Option
employee eval.document set
36.00
Mrs.Gary Meier
skating refund
25.00
Hutch Safety Council
1985 budget transfer
150.00
Lifesign Design
13 names
26.00
Rev, Wesley Vagle
rezoning refund
55.00
Brinkman Studios
film
3.45
Central Garage
dec. vehicle rental
6,103.00
Central Mn. Communications
repairs
24.00
CopyEquipment
supplies
353.33
Co. Recorder
abstract costs
42.50
Co. Treasurer
dl fees
121.50
Div. of Boiler Insp.
Meier license
10.00
Erickson Oil
gasoline
13.44
Farm F, Home
supplies
70.78
Hutch Drug
supplies
20.25
Hutch Com. Hospital
laundry
8.10
Hutch Fire & Safety
supplies
46.40
Bus Products.
maintenance agreement
35.00
•Mankato
Mpls State Tribune
subscription
93.50
Northwestern Bell
lease line
326.50
Olson Locksmith
repairs
25.65
Popp Electrical
supplies
4.12
ididcontinent Theatre
office rental
325.00
// - a).
1985 Expenses
-2-
Plowmans Inc.
Quades
repairs
repairs
195.80
374.39
Richard Waage
expenses
35.55
Shopko
supplies
20.00
James Schaefer
z month compensation
1001.00
Town 4 Country
repairs
27.50
Wigen Chev.
supplies
22.95
United Building Centers
supplies
573.87
Hutch Fire Department
reimbursement
1028.15
Logis
computer charges
3995.83
Joleen R. Runke
logis meeting
4.08
Roberta Tabberson
logis meeting
4.08
John Bernhagen
training seminar
66.36
Marlow Priebe
seminar
25.00
BOND FUNDS
•Bonds of 1985
Juul Contracting water service 209.50
Rec. $ Pool Construction Fund
Hutch Fire $ Safety fire extinguishers 331.50
Library Construction Fund
E. J. Pinske Bldrs bulletin board 512.00
P.M. Johnson Inc. final on furnishings 1730.64
•
i
•
•
hNNICIPAL LIQUOR STORE
Griggs Cooper & Co.
wine & liquor
$ 3502.45
Twin City Wine
wine $ liquor
5912.25
Ed Phillips & Sons
wine $ liquor
3615.74
Quality Wine $ Spirits
wine & liquor
3110.09
Ed Phillips $ Sons
wine $ liquor
4353.56
Griggs Cooper & Sons
wine 4 liquor
4274.88
Twin City Wine Co.
wine $ liquor
3021.26
Ed Phillips $ Sons
wine $ liquor
2766.78
Twin City Wine Co.
wine $ liquor
1613.26
Quality Wine $ Spirits Co.
wine $ liquor
2482.87
Griggs Cooper $ Co.
wine $ liquor
3271.50
Ed Phillips & Sons
mix
12.00
Ed Phillips $ Sons
mix
22.75
Griggs Cooper G Co.
mix
i5.90
Twin City Wine Co.
wine $ liquor
1669.65
Griggs Cooper $ Co.
wine $ liquor
2429.57
Quality Wine $ Spirits
wine '4 liquor
1780.88
Ed Phillips $ Sons
wine $ liquor
3845.66
Coca Cola Bottling Co.
mix
454.60
Triple G Dist.
beer $ mix
10,455.25
Bernick Pepsi Cola Co.
mix
37.50
Andy Lundholm
mix
62.95
Henrys Candy Co.
supplies
643.79
Northland Beverage Inc.
mix
227.15
Friendly Beverage Inc.
beer
1027.65
Lenneman Beverages Inc.
beer
18,596.70
Locher Bros Inc.
beer
5852.90
City of Hutchinson
cigarette license,insurance and
parking lot blacktop
3530.54
Electro Watchman
quarterly service
102.00
Hutchinson Telephone Co.
nov. phone service
69.82
Am. Linen Supply Co.
nov. towel service
26.40
Thos D. MurphyCo.
calender advertising
69.77
United Bldg. Center
supplies
8.05
Hutchinson Utilities
electricity & gas
509.67
Allen Office Products
calculator rolls
48.50
Fronteer Directory Co.
directory advertising
193.50
KDUZ
nov. advertising
276.00
Hutchinson Leader
nov. advertising
20.00
J 4 M Trucking
wine delivery
17.50
Junker Sanitation
nov. service
97.50
City of Hutchinson
payroll
4481.81
State Treasurer
PERA
162.58
State Treasurer
social security
269.69
City of Hutchinson
transfer of funds
45,000.00
City of Hutchinson
payroll
4378.07
Commissioner of Revenue
Nov. sales tax
8312.87
FOR YOUR INFORMATION
M E M O R A N D U M
DATE: January 10, 1986
TO: Mayor and City Council
-------- --------------------
FROM: Kenneth B. Merrill, Finance Director
SUBJECT: Cost of January 1 Pay Adjustment
Based upon 2080 hours of pav for the year and excluding any overtime cost
in 1986, the pay adjustment cost is as follows:
. General Fund
General Fund Contingency Amount $131,259
Water /Sewer /Refuse Fund $3,970
529
Liquor Store 3,127
367
Central Garage 781
/ms
W]
$47,026
Bal -anre Remaining $84,233
4,499
3,494
873
0
•
M E M O R A N D U M
FoR YppR INFO
RMq� pN
DATE: January 10, 1986
T0: —Mayor and CirySQµnc — — — — —
FROM: — Gary D_ Plots CLt3L - — — — — — — — — — — — —
SUBJECT: Comp. Time Records
------ ----- ------------ - - - -- --
On Thursday, January 8, Councilmember Pat Mikulecky requested informa-
tion on comp. time records for salaried employees.
Attached is a breakdown prepared by Hazel Sitz for comp. time by report-
ing period.
After conferring with Mayor Ackland, we did not copy the approximate
80 pages of documentation that would be needed for each packet. More
detailed documentation is on file in Hazel's office.
ms
Sy vA##At8 Lxsc
SAXARTM )3w>pIDYE S COW TIM FdKaW
3
4
s
7
4
9
+o
+
I3
+1
+f
IV
18
+9
1985 - Slr
Name
Halts
Jan -Sept
dw}-.i/
,4s[
Nw3e
Nu;
Dt3t
14v:
Gary Plotz
167• ��
tl
1 11.9
Marlow Priebe
9 .o
SB,S-
79.-1
Y4[n�w *J
Dean O +Borsky
�3
�) 10.0
13,! 0
1+ °
Ken Merrill
.p
2� a
ICj -
IL_C
Bruce Ericson
[+
Ab•S--
22.a
.2.a
2 S•
Ralph Neumann
Muck Nelson
-o-
o-
" o-
- o -
George Field
- o -
' o
Hares Pittman
Jim Marka
Mary Haugen
3 >, p
42 o
t51. S
3$,0
John McRaith
219.0
19.0
Mark Schncbrich
19,s-
3 ,5-
y, a
1 -0
Barb Haugen
39.5
3'1.0
3 3.;
1. s
iismel sitz
'n '
- o—
- O
Scott Schwartz
104.0
119,0
j 2 R, a
Ron Kirchoff
1SD. o
IS a•s'
►S� ti
136.E
John Gregor
'I4• e
1 a7_ o
► S' I. o
! ��. p
Disc Waage
•
0
0
I�
MEAGHER, GEER, MARKHAM, ANDERSON, ADAMSON, FLASKAMP a BRENNAN
January 7, 1986
ATTORNEYS AT LAW
2250 IDS CENTER -60 SOUTH EIGHTH STREET
MINNEAPOLIS, MINNESOTA 55102
PHONE 16121 336-0661
/r1111YIINEOIO M.CRO[ WYIII
YY1�0fAR \MN.CM..YNM
YIOIMYIMYR,I PMO,. MID Ytl} W
St. Paul Insurance Companies
Upper Midwest Service Center
3600 West 80th Street
Minneapolis, Minnesota 55431
Attention: Mr. David C. Seivert
Re: Claim: 663NB1886/22MO15
Insd.: Hutchinson Community Hospital
. Clmt.: David Minnick
D /L: 2/7/82
Our File No. 42639
Dear Mr. Seivert:
Good news for the glorious New Year!
[mri[[MM
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LcY[MY[N. y(1E -Yn
MTNUIIL[[iR,1MIN -Y11 �.
TELlODFY f"I =s
FOR YOUR 1NFORMgTIoN
Enclosed please find a copy of the Stipulation of Dismissal of
the above- entitled matter against the Hutchinson Community Hospital.
Mr. Carey has agreed with my analysis that this case does not
include any negligence on the part of the hospital and accordingly
has dismissed his case against us.
I will now be closing our file on this matter.
Sincerely yours,
Robert M. Frazee
RMF: hjd
Enclosure
cc: Mr. Philip G. Graves
• Mr. James H. Schaefer✓
'RaF
DLTD[ F. MDENRON
.LLYMNMAY
C.•D�P II
ML O.FLMNMJF
YRRR O. pEN«M
Q LNMUOEON
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YIN.JR.
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ENT", FAM
RONENT Y FRKEE
N[MNETN Y[ DODOS
OMY Y. «ADRTRDY
January 7, 1986
ATTORNEYS AT LAW
2250 IDS CENTER -60 SOUTH EIGHTH STREET
MINNEAPOLIS, MINNESOTA 55102
PHONE 16121 336-0661
/r1111YIINEOIO M.CRO[ WYIII
YY1�0fAR \MN.CM..YNM
YIOIMYIMYR,I PMO,. MID Ytl} W
St. Paul Insurance Companies
Upper Midwest Service Center
3600 West 80th Street
Minneapolis, Minnesota 55431
Attention: Mr. David C. Seivert
Re: Claim: 663NB1886/22MO15
Insd.: Hutchinson Community Hospital
. Clmt.: David Minnick
D /L: 2/7/82
Our File No. 42639
Dear Mr. Seivert:
Good news for the glorious New Year!
[mri[[MM
[MOLI YJogs
LJ.YUMAD
sNR161 LJMIM
CNMU[ [ [lFVADEN
NDS[NT N OKY M.
wE[Nr l.[RLYDN
110[iRl L FMIM[ID.JN.
YRLLWIY «Mt
MYY F IIBMILE'/ -SMMR
[1N11�11 ROLIy
Ntt[IYRNMIEtp
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MMILF LONII[YT
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TWDTNYKNIDL[Y
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LcY[MY[N. y(1E -Yn
MTNUIIL[[iR,1MIN -Y11 �.
TELlODFY f"I =s
FOR YOUR 1NFORMgTIoN
Enclosed please find a copy of the Stipulation of Dismissal of
the above- entitled matter against the Hutchinson Community Hospital.
Mr. Carey has agreed with my analysis that this case does not
include any negligence on the part of the hospital and accordingly
has dismissed his case against us.
I will now be closing our file on this matter.
Sincerely yours,
Robert M. Frazee
RMF: hjd
Enclosure
cc: Mr. Philip G. Graves
• Mr. James H. Schaefer✓
STATE OF MINNESOTA DISTRICT COURT •
COUNTY OF MCLEOD FIRST JUDICIAL DISTRICT
David Minnick,
Plaintiff,
-vs- STIPULATION OF DISMISSAL
Grant L. Griebe, Hutchinson
Medical Center, P.A., Hutchin-
son Community Hospital, Donald
C. Meredith, and The Ortho-
paedic & Fracture Clinic, P.A.,
Defendants.
Comes now the Plaintiff, by and through his attorney, John
W. Carey,
IT IS HEREBY STIPULATED AND AGREED, by and between the Plain- • •
tiff and Defendant Hutchinson Community Hospital, through their
respective counsel, that Defendant Hutchinson Community Hospital
is hereby dismissed without prejudice and without costs to any
party.
DATED: A :SA A) 0 G DATED: 3
CAREY & EMMINGS, LTD. WByp�
KHAM, ANDERSON,
& BRENNAN
BY ��/v l
John id. Carey - 14692 Robert M. Frazee - 31677
Attorneys for Plaintiff Attorneys for Defendant Hutchinson
117 South Park Community Hospital
Box X 2250 IDS Center
Fairfax, Minnesota 55332 80 South Eighth Street
507- 426 -8211 Minneapolis, Minnesota 55402
612 - 338 -0661 •
m
0
NAME
EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL
FOR YOUR INFORMATION
DATE January 9, 1986
ADDRESS
' Tracy Meisner ' Wauwatosa, Wisconsin
I
J OB TITLE Recreation Program Supervisor
SUPERVISED BY Bruce Ericson
EMPLOYMENT STATUS X NEW EMPLOYEE OTHER:
effective January 21, 1986
X FULL TIME PART TIME OR SEASONAL
PAY RATE Grade Lx Salaried (start at provisional rate)
COMMENTS B.S. in Recreation Adnmistration, December 1984. Has had experience with
all aces (tiny tots, handlicaxmed, seniors) and a variety of recreation programs and
administrative duties.
C7 individuals were interviewed for the xoosition)
THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL
POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS.
DEPARTmtNT HEAD
PERSONNE CCOORDINATOR
CITY ADMINISTRATOR
LZU
NAME
EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL •
FOR YOUR INFORMATION
DATE January 14, 1986
ADDRESS
' Jean BAIke 9 940 Goebel Circle, Hutchinson
Chris Brandt 1 638 Bluff Street, Iutchinson
JOB TITLE Skatinq rink attendants
SUPERVISED BY Bruce Ericson
EMPLOYMENT STATUS X NEW EMPLOYEE OTHER:
FULL TIME
PAY RATE $3.35/hr
COMMENTS
_X PART TIME OR SEASONAL
winter
THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL
POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS.
DEP'ARTM#RT HEAD
`cr
PERSONNEL COORDINATOR
CITY AD INIST OR
0
•
L
E
MINUTES
CHARTER COMMISSION
TUESDAY, JANUARY 7, 1986
f01? y0'yR /NFOR
MgTj��
The Charter Commission held its organizational meeting on January 7, 1986, 7:00
P.M., at City Hall. The following recently appointed members were sworn in to
the Charter Commission by City Attorney James Schaefer: Kay Peterson, Jeff Haag,
Walter Clay, Richard Popp, Jean Peterson, Philip Graves, Thomas Dolder, Delores
Saar, Harold Juul, Charles Carlson, Dale McLain, and June Wick.
Also present at the meeting were former Mayor Robert H. Stearns, Mayor Paul L.
Ackland, City Administrator Gary D. Plotz, and City Attorney James Schaefer.
Former Mayor Bob Stearns proceeded to give the history on how the membership of
the Charter Commission was selected, including the final selection by the Dis-
trict Judge. Mr. Stearns provided his opinion on various areas within the ex-
isting City Charter that should be examined. He suggested the Commission look
at Chapter 2, Administration of City Affairs, and specifically the form of gov-
ernment; Chapter 3, Procedure of Council; Chapter 4, Nominations and Elections;
Chapter 6, Purchase and Contracts; and Chapter 11, Public Ownership and Opera-
tion of Utilities; and all other relevant sections the Commission deems appro-
priate.
One of the suggestions Mr. Stearns had was to have Attorney Stan Peskar of the
League of Minnesota Cities meet with the Charter Commission to make a presenta-
tion of the various forms of local government in Minnesota. He felt that some
of the written materials could be acquired prior to their first meeting and
mailed out to the individual members. He recommended selection of a chairman of
the Charter Commission and establishing an initial meeting date. Nomination for
election of a chairman was called. Harold Juul's name was nominated and sec-
onded. Mr. Juul then nominated Chuck Carlson for chairman. Motion was second-
ed. Motion was made and seconded to close nominations. A paper ballot was
taken. Chuck Carlson was declared the chairman of the Charter Commission.
Chairman Carlson solicited input on when and where to hold future Charter Com-
mission meetings. It was the consensus that a meeting be scheduled for February
11 at 7:30 P.M. at the fire station conference room.
After further discussion, City Administrator Plotz was requested to see if At-
torney Stan Peskar could attend the meeting of February 11 and if written ma-
terials could be mailed to the Charter Commission members prior to that date re-
garding forms of local government throughout Minnesota.
Chairman Carlson asked if the committee wanted someone from the City secretarial
pool to take minutes of the meeting. It was unanimous consensus that the City
Administrator provide a City employee to record and type minutes, prepare
agendas, prepare notifications of meetings, and supply any and all other infor-
mation as requested. The City Administrator said he would make all resources of
the City available to the Commission.
The motion was made and seconded to adjourn the meeting at 8:30 P.M.
MINUTES
Regular Meeting - Hutchinson Fire Department
Monday, October 7, 1985
• The meeting was called to order at 8:25 p.m. The minutes of the
previous meetings were read and approved.
The Kindergarten tours will begin Wednesday. We will need help.
The new Rescue truck will be here on Friday, October 11, 1985.
The By -laws committee should study and make change proposals after
January 1, 1985.
The following bills and runs were allowed paid from their proper
accounts:
RUNS:
BILLS:
9 -4 Merkins
City Account
9 -8 Forcier
9 -9 Drill
Sears
50.29
9 -11 Ty's Metal
Metropolitan
43.01
9 -12 Clinton House
GTC
26.28
9 -16 Drill
Hutch Fire - Safety
38.40
9 -21 Ludowese
Hutch Med. Ctr.
100.00
9 -23 Drill
Snyder Drug
15.02
9 -27 Cameo Cleaners
Floor Care Supply
27.00
•
Dick Popp
199.93
Snyder Drug
11.65
Rural Sccount
General Account -
T & C Tire
20.00
Dave Franzen
25.00
Sears
100.00
Matco Tools
86.18
Orlin Henke
20.50
Sears
50.00
Dick Popp
13.25
Holiday Inn
300.00
Dary Zieman
9.00
Brad Emans
7.50
The water flow alarm system for the Fire Station, will be
hooked up through Electro- Watchman for $5.00 per month. A motion
was made and seconded to allow Electro- Watchman to hook up our
system to the Police Station. Motion passed.
A motion was made and seconded to pay the Police Deparment $150.00
for the two radios for our trucks. Motion passed.
With the radio changes, it will leave us with one extra radio. A
motion was made and seconded to sell a transistorized radio to the
Silver Lake Fire Department. Motion passed.
There was discussion on Police Chief O'Borsky's request for a donation
• from the Fire Department for a Command Post vehicle. Motion was made
and seconded that we donate $250.00 to help complete the project. The
money is to be paid from the General Account. Motion passed.
Minutes - 10/7/85
Page 2
There was discussion on possibly having a Pancake Feed. It was felt it •
could possibly be something to look at for next year during Fire Prevention
Week.
The meeting was adjourned at 9:28 p.m.
Respectfully submitted,
Mark Christensen
Secretary
.l
.:
MINUTES
Hutchinson Fire Department
Monday, December 2, 1985
The meeting was called to order at 8:02 p.m. The minutes of the
previous meetings were read and approved.
Dave Franzen reported that he has prices for the annual Spring
Banquet from the Country Club, D.J. Mac's and The Velvet Coach.
A decision will be made a the January meeting.
Randy Redman reported that he contacted Richard Olson, a possible
new member for an interview. He didn't show up for the meeting.
We will disregard his application and file it.
George Field reported that rural development areas will have one
number and lot designation for each house.
The following runs and bills were allowed paid from their proper
accounts:
11/4 Drill
11/5 HTI
11/7 Prieve
11/11 Drill
11/15 Hospital
11/17 Huls
11/18 Drill
11/20 High School
11121 Mutual Aid, Cosmos
11/23 Citizen's Bank
11/29 Elementary School
11/30 Lee
General Account
Red Owl 27.79
HFD House Fund 12.80
Highliners 75.00
Crow River Press 412.66
Rural Account
Gopher Sign Co. 161.50
GTC Auto Parts 74.30
Home Bakery 9.00
City Budget
Brad Emans
76.57
Hutch Medical Ctr.
100.00
Richard Popp
84.77
Ideal Shoe Shop
4.00
Fitzloff Hdwe
3.62
L & P Supply
3.00
Brinkman Studio
3.45
Polar Plastics
22.39
is Metropolitan Fire Eq. Co.
34.77
Pro - Maintenance
1356.60
Popp's Elec.
4.12
UBC
22.80
Town & Country Tire
27.50
Hager Jewelry
1.49
Wigen Chevrolet
22.95
Rutz Plbg.
107.25
Central MN. Comm.
897.00
Minutes
12/2/85 - Page 2
�I
The new sealant on the floor is bubbling. Floor Care Supply will come
next spring and repair the bubbles at no charge.
Lee Grams and Ron Burger were voted on for permanent status on the depart-
ment. Lee for not meeting 1984 fire and drill standards and Ron for his
first year probation. Ron was accepted and Lee had not kept up with his
1985 fire and drill requirements and was not accepted.
Election of officers was held. The results were:
Chief:
Orlin
Henke
1st Asst. Chief: Dick Popp
2nd Asst. Chief: Brad Emans
Captain
#231:
Randy Redman
Lieutenant: Dave Fransen
Captain
#233:
Jon Burks
Tom Pessek
Captain
#235:
John Reynolds
Tim Schloeder
Captain
#237:
Jim Brodd
Ed Homan
Captain
#239:
Howard Riggle
Craig Almquist
Secretary: Larry Thompson
Treasurer: Gary Henke
The fan and furnace problems have been taken care of and everything is
satisfactory. .1
The kid's Christmas Party will be Wednesday, December 18th at 7:00 p.m. 1
The Fire Department Christmas party will be Friday, December 20 after work.
A motion was made and seconded that we increase the Treasurer's annual
salary from $200 to $400, retroactive to January 1, 1985. Motion passed.
The possibility of purchasing an air tester was discussed. There are a lot
of problems involved with it. It willbe discussed at a later date.
The department will no longer fill scuba tanks.
Butch stated we should start looking for hand radios to replace the old ones the
fire police are now carrying. notion was made and seconded, to allow the officers
to get the best prices and purchase 2 radios. Motion passed.
The generator on #233 is out and we will not be repairing it at this point.
Lee Bahr made a presentation to the department on a possible fund raiser for
the department. It would mean selling dinner books. Motion was made and
seconded that we not sell the dinner books. Motion passed.
There was a Special Regional Meeting on November 25. They stated unanimously
that they were against firefighter certification. •
Anyone interested in switching companies, see Butch.
The meeting was adjourned at 10:42 p.m.
Respectfully,
Mark Christensen
Officer's Meeting
Monday,
0
MINUTES
Hutchinson
December 16,
Fire Department
1985
Chief Henke brought the meeting to order at 8 :33 p.m.
Assistant Chief Popp will set up a new officer's orientation on
January 11th. Dick also wants to get together with the captains
to set up training for 1986.
Brad Emans received bids for tires to be put on #234, Brandon
Tire for 1100 X 20's - $143.12 front, $135.82 rear. Tubes - $19.77
each and $10.00 each for mounting. Cenex just bid $134.82 front and
$148.13 rear. He was waiting for Town and Country's bid.
Brad also received bids for the two hand -held radios. Motorola
$1,200. From Central Minnesota - 2 Kenwoods - $1,138.16 or 2
Johnsons - $1,308.72 and 2 Paces - $789.00. Tim Schloeder motioned
and Jim Brodd seconded to purchase two HT 90's from Motorola for
$1,200. The motion passed.
Harvey Kemper of the by -laws committee showed the officers two
possible new set -ups of the number of officers and assignments.
After a lengthy discussion, the officers recommended that they use
a base of one chief, two assistant chiefs, three captains and three
lieutenants and develop some variations from this.
The meeting was adjourned at 9:56 p.m.
Respectfully submitted,
•
MINUTES
Relief Association - Hutchinson fire Department
Monday, December 16, 1985
President Smith brought the meeting to order at 7:00 p.m.
Treasurer Gary Henke said he invested the $25,000 2% money at
Citizen's Bank.
The annual meeting will be held January 6th at the firehall at
8:00 p.m. On February 3, the consideration of the financial state-
ment will be at the American Legion 7:00 p.m. Steak fry to follow.
President Smith asked that we send a copy of all minutes to the
Mayor and City Administrator.
Gary Henke made a motion and Steve Schramm seconded the motion to
purchase a photo frame for the retired firemen out of the General
Fund. The motion passed.
The meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Randy Redman
Secretary
40
•
•
PIONEERLAND LIBRARY SYSTEM BOARD MEETING
December 9, 1985
Present: James Phalen, Graceville
Representing:
Big Stone County
Steve Boehlke, Montevideo
Chippewa County
Stan Jacobson, Granite Falls
Chippewa County
Lois Anderson, Maynard
Chippewa County
Wayne Hebrink, Renville
so
Kandiyohi County
Orlynn Mankell, New London
Kandiyohi County
Kathleen Kubasch, WiUted
McLeod County
Milo Kubasch, Winsted
McLeod County
Lilah Buhr, Stewart
McLeod County
C. Alvin Johnson, Litchfield
Meeker County
Howard Turck, Litchfield
Meeker County
Jeanne Lundstrom, Grove City
"
Meeker County
John Langan, Danvers
Swift County
Curtis Johnson, Appleton
Appleton
Laurie DeMarce, Benson
Benson
Lloyd Larson, Dawson
Dawson
Lionel Barker, Glencoe
Glencoe
Albert Linde, Hutchinson
"
Hutchinson
Judy Oestreich, Litchfield
Litchfield
Delores Condon, Litchfield
Litchfield
Anne Maguire, Madison
"
Madison
Gladys Nelson, Ortonville
Ortonville
Linda Ulrich, Renville
"
Renville
LeRoy Sanders, Willmar
Willmar
Jeanette Buchanan, Willmar
Willmar
Burton Sundberg, Director
Robert Bosse, Associate Director
- Kathy Matson, Associate Director
Absent: Rebecca Huseby, Pennock*
Representing:
Kandiyohi County
Jean Stranberg, Atwater
Kandiyohi County
Kay Frederickson, Murdock*
Swift County
Dallas Lundstrum, Bird Island
Bird Island
Angelyne Montonye, Graceville*
Graceville
Adelle Jacoby, Hector*
Hector
John Horrocks, Hutchinson*
Hutchinson
Shirley Schutt, Kerkhoven*
Kerkhoven
Sam Malone, Willmar
Willmar
*Excused absence
The meeting was called to order by chairman Sanders at 7:30 p.m. Buchanan /Larson
moved and seconded approval of the October 14 minutes and the minutes of the November
11 meeting which was held only to approve expenditures.
Curtis Johnson /Buhr moved and seconded approval of the November treasurer's report
with the following correction: "Receipts, State and Federal Aid, Budget Income MTD,
corrected to $12,526.00." Totals are correct. Carried.
The statistical reports for October and November were reviewed. The newsletters and
newspaper clippings were circulated.
Hebrink/ J. Lundstrom moved approval of bills. Carried.
Committee and Project Reports:
. 1. It was noted there were no serious problems with the Comparable Worth Study. The
new salary schedule was developed from this study. Tne 1986 proposed salary schedule
was reviewed (see attached) . Proposed salary increases represent a 68 increase over
1985 (including step increases, adjustments, and cost of living increase) . All iob
descriptions were re- written. It was noted that there is a 3% increase between eac'-
interval and 6% between each line. Rhe attached 1986 salary schedule is being
recommended by the Personnel Committee. Buhr/Undo moved and seconded that the
attached 1986 Pioneerland salary schedule be accepted. Carried. In order to keep
his earnings below the Social Security maximum and to remain eligible for health
insurance coverage, Glen Nelson, custodial in Willmar, has requested a decrease
in his hourly wage of $5.39 to $4.48. Hebrink/Turck moved and seconded to approve
this request. Carried.
Martin Luther Ring's birthday, the third Monday in January, is now a "legal" (state)
holiday. The Personnel Committee recommends adding Martin Luther Ring's holiday to
the paid holidays for PIS regularly -acheduled employees. Buhr/Turck moved and seconded
providing all regularly - scheduled employees this holiday off with pay. Carried.
The staff retreat was held at Green Lake Bible Camp on October 24 -25. 35 attended some
portion of the retreat and 25 attended the full two -day session. Good evaluations
were received. -
With approval of the board, the order of business was changed, putting R8 ahead of V.
Unfinished/New Business:
1. Mr. Turck and Mr. C. Alvin Johnson presented the attached resolution from Meeker
County to the Board and moved and seconded for adoption of same. Discussion ensued.
with the approval of Mr. Turck and Mr. Johnson, Mr. Barker presented a proposal to
help resolve the issue of Meeker County (attached). Mr. C.A. Johnson requested a
vote by ballot and the Board unanimously agreed on simple majority. The votes were
11 votes yes (for acceptance of the Meeker County resolution) and 13 votes no (for
rejection of Meeker County resolution) . The motion was not carried.
Mr. Turck, Mr. C.A. Johnson, and Mrs. Jeanne Lundst_ zm left the retin X this time.
2. Custodial service in member libraries -« Corrobtly -PU is payiuit Intlrlor cus-
todial services in Willmar, Montevideo, Litchfield, Hutchinson, and Glencoe. It
would be more equitable to also provide interior custodial services to Benson, 4W
Ortonville, and Appleton. The total projected cost is $4,000 for 1986. Buhr /Boehlke
moved and seconded that PLS pay the interior custodial services to Benson, Ortonville,
and Appleton in addition to the give libraries currently covered under this policy,
beginning January 1, 1986. Carried.
3. Policy regarding non - payment of automation fund requests -- Meeker and McLeod
counties did not pay the 1985 fund request and in 1986 Kandiyohi County in addition
to the above does not plan to pay. Discussion followed. It was noted that if all
units paid the requested amounts, $60,000 would be the approximate total in three
years. The Bremer Foundation has been contacted regarding possible grant money for
the PLS Automation Project. oestreich/Buhr moved and seconded that Mr. Sundberg and
library board members representing the jurisdictions involved make personal visits
to the commissioners in Meeker, McLeod, and Kandiyohi counties regarding not budgeting
for the Automation Program in 1985 and 1986. Carried.
Communications:
1. "Equal Access to Libraries" bill mandating counties to provide regional library
service would affect PLS because Yellow Medicine, LacQuiParle, and Renville counties
currently are not part of a regional library system.
Trustees with terms expiring on December 31, 1985, were noted. Letters will be sent
to all appointing jurisdictions.
, The next board meeting is the annual meeting on January 13, 1986.
The meeting was adjourned at 9:35 p.m. •
Jeanette Buchanan
Secretary
5
TO: '
FROM: Meeker County Board of Commissioners
DATED: December 10, 1985
REGARDING: Termination of Pioneer Land Library Services
On Monday, December 10, 1985, the Board of Trustees for
the Pioneer Land Regional Library System met in Willmar. The
major topic of discussion was whether Meeker County's membership
in the Regional Library System should be terminated due to its
inability to meet the Library System's budgetary demands.
The following Resolution was introduced on behalf of Meeker
County by C. Alvin Johnson and Howard Turck:
RESOLUTION
WHEREAS, Meeker County has been a member of the Regional
Library System for several years, and
• WHEREAS, as a result of said membership, the. citizens
of Meeker County have grown to expect an indeed deserve
the benefits associated with membership to a Regional
Library System, and
WHEREAS, the economy of Meeker County is primarily
agriculturely based and unfortunately, the agricultural
market is at or near an all time low, and
WHEREAS, the citizens of Meeker County urgently Irish
to remain a part of the .Pioneer Land Regional Library
System, however, the financial crisis facing rural
Meeker County has necessitated the Meeker County
Commissioners to exercise fiscal restraint, thereby,
reducing services in many areas, and
WHEREAS, the citizens of Meeker County would prefer
a reduction of services from.the Pioneer Land Regional
Library System rather than complete elimination from
said Regional Library System, and
WHEREAS, for fiscal year 1985, the State of Minnesota
has determined that Meeker County's minimum contribution
• to the Pioneer Land Regional Library System should
P4ge 2
be $52,590.00. For fiscal year 19851 Meeker County
contributed P64 604.00�;,an_ isoresse.,,of, appproximately
4% above the minimum contribution ` *stab ishedt $* stn!
State of Minnesota, aaa
WHEREAS, for fiscal year 1986, the State ok ilihneeots
has determined that Meeker County's minimum contribution
to the Pioneer Land Regional Library System should
be $52,590.00. For fiscal year 1986, Meeker County
has appropriated $56,882.00, an increase Of
approximately 8% above the minimum contribution
established by the State of Minnesota, and
WHEREAS, Meeker County has consistently not only met
the minimum contribution level established '"by* the
State of Minnesota, but has surpassed the State's
minimum requirements.
NOW, THEREFORE, BE IT RESOLVED that Meeker County
be permitted to remain a member of the Pioneer Land
Regional Library System during fiscal year 1986 and,
LET IT FURTHER BE RESOLVED, that the services rendered
to Meeker County by said Regional Library System be
reduced to an amount commensurate with Meeker County's
financial contribution for fiscal year 1986. ,
During the Course of discussions, the following amendments •
were added:
1. Pioneer Land Library System will continue to provide library
services but will reduce these services to reflect the
monetary deficiency.
2. The Meeker County Board of Commissioners or a committee
thereof,. will make the decisions necessary to reduce
services.
3. The County Board of Commissioners of Meeker County will
pass a Resolution or provide this Board with a letter of
intent to contribute their full levy if and when it considers
the financial condition of the county as .sufficiently
improved.
A vote was taken with 11 trustees voting in favor of the
Resolution and 13 trustees voting against. As a consequence, Meeker
County's participation in the Pioneer Land Regional Library System
will be terminated effective January 1, 1986.
The Meeker County Board of Commissioners have requested the
Meeker County Attorney to investigate and pursue available legal
remedies. .
PIONEERLAND LIBRARY SYSTEM
SPECIAL BOARD MEETING
December 23, 1985
Presents James Phalan, Graceville Representing%
Big Stone'Oounty
• stave Boehlke, Montevideo
Chippewa County
Wayne Hebrink, Renville
Kandiyohi County
Orlynn Mankell, New London
"
Kandiyohi County
Rebecca Huseby, Pennock
Kandiyohi County
Lilah Buhr, Stewart
"
McLeod County
C. Alvin Johnson, Litchfield
Meeker County
Jeanne Lundstrom, Grove City
Meeker County
Howard Turck, Litchfield
Meeker County
Curtis Johnson, Appleton
"
Appleton
Laurie DeMarce, Benson
"
Benson
Lloyd Larson, Dawson
"
Dawson
Lionel Barker, Glencoe
"
Glencoe
John Horrocks, Hutchinson
^-
Hutchinson
Shirley Schutt, Kerkhoven
Kerkhoven.
Judy Oestreich, Litchfield
Litchfield
Anne Maguire, Madison
"
Madison
Gladys Nelson, Ortonville
Ortonville
LeRoy Sanders, Willmar
Willmar
Jeanette Buchanan, Willmar
Willmar
Burton Sundberg, Director
Robert Bosse,_ Associate Director
Kathy Matson, Associate Director
Absent: Stan Jacobson, Granite Falls* Representing.-
Chippewa County
Lois Anderson, Maynard *_
Chippewa County
Jean Stranberg, Atwater
"
Kandiyohi County
Kathleen Kubasch, Winsted*
•
McLeod County
Milo Kubasch, Winsted*
McLeod County
John Langan, Danvers*
"
Swift County
Kay Frederickson, Murdock
"
Swift County
Dallas Lundstrum, Bird Island
"
Bird Island
Angelyne Montonye, Graceville
Graceville
Adelle Jacoby, Hector*
Hector -
Albert Linde, Hutchinson*
Hutchinson
Delores Condon, Litchfield*
Litchfield
Linda Ulrich, Renville*
Renville
Sam Malone, Willmar*
"
Willmar
*Excused absence
Also present: Stan Hydeen, Litchfield City Council
Gerald Bollman, Dassel Mayor
Paul Thomas, Dassel City Council
John Tjernagel, Dassel City Council
Marge Piepenburg, Dassel City Council
William Dolan, Meeker County Attorney
Allan Knutson, Meeker County Treasurer
Loyce Knutson, Grove City Librarian
The meeting was called to order at 7 p.m. by Chairman
Sanders.
Visitors were in-
troduced. The Secretary read the following written request sent
to the board chair-
man: "pursuant to article 10, section 2 of Bylaws of the Pioneerland Library System we
duly elected members of the Board of Pioneerland Library
Board
request a special
• meeting of the full Board to reconsider Meeker County's
participation in light of
action taken by Dassel City Council. Signed by Howard
Turck and C. Alvin Johnson."
(See attached.) Also attached and made a part of these
minutes
are (1) Letter dated
December 17 with Resolution 85 -34 from Dassel City Council, (2)
Letter from Village
-2-
of Grove City dated December 19, 1984, and (3) City of Litchfield Resolution
#85 -12 -176 dated December 20, 1985.
Representatives from Litchfield and Dassel City Councils reported that because of •
the time element they needed an extension of six months in order to study and
evaluate the current problem. All parties were reminded of Library Hoard action
taken in December 1984, concerning the shortage of payment to the Regional Library
System and subsequent action to eliminate library services as a result of that
shortage.
The Assistant Director of the State Office of Library Development and Services,
Alan Lewis, has previously stated that if Dassel, Grove City, Cosmos, or-(and)
Litchfield make additional payments toward the amount owing for the 1986 budget
by Meeker County, they could be held responsible for "maintenance of effort" in
the future.
According to the Pioneerland Agreement, the sharing of costs between jurisdictions
within a county may be changed at any time by mutual agreement of those juris-
dictions. This is the fourth year that Meeker County has not met the budgeted
amount requested by Pioneerland.
Motion by Boehlke, second by Buhr, !that PLS honor the request of an extension of
six months in closing the Meeker County libraries in order that affected conmuni-
ties can investigate possible financial arrangements to meet the requested budget
amount from Meeker County for 1986 and that Meeker County make in January and
April of 1986 payments of the full assessed amounts (one - fourth of requested 1986
budget request). Carried.
If the matter is
not resolved in six months,
action of the PLS board of December
1984 will. stand
and be implemented effective
July 1, 1986.
The meeting was
adjourned at 7:55 p.m.
•
Jeanette Buchanan
Secretary
•
CbuNClt.
Wald 9ollman, Mayor
June H&p91und
Pald Thom"
POP""
John T�en�prN
Board of Directors
Pioneerland Library
c/o Burton Sundberg
410 SW 5th Street
Willmar, MN 56201
Dear Board Members:
System
VILLAGE OF DASSEL
4W 3W "t_l"M
Ro, ON
DAMI IMNINNOTA UNN
PHDNE �,Yli tl6ilat
December 17, 1985
htrlola A. aonnhwll,
Clerk-Adm.
In their council session on December 16th the Dassel City Council
heard presentations from director Burton Sundberg, library board
members C. Alvin Anderson, Howard Turck, and Meeker County
Commissioner Steve Dille concerning the status of the libraries in
Meeker 'County.
The Dassel City Council is concerned about the services that are to be
discontinued to our community. The options available to the city_to
• maintain a library have been given consideration; however, there is
information that we feel has to be obtained to make a decision. Time
is also needed to communicate with other city governments in Meeker
County.
We ask that the Pioneerland Library Board grant the request in our
Resolution which is enclosed.
Hopefully, given time the governmental entities can reach a
compromised solution to the problem of the future of the regional
library system.
Thank You,
Sincerely,(Q
raId Itellman
Mayor
City of Dassel
• cc: C. Alvin Johnson
Howard Turck
RESOLUTION 85 -34
WHEREAS, The Pioneerland library Board, on December 9th, rejected
the Meeker County Resolution proposing to continue services at a
reduced level for 1986, and
WHEREAS, There is insufficient time for the Dassel City Council
to explore the alternatives and options to maintain services for
the City of Dassel;
THEREfORE, BE IT RESOLVED that the City - Council request the
Pioneerland Library-Board to grant a stay of action on the
implementation of closing the Meeker County libraries for six
months or until such time as affected entities can investigate
the possibility for continuation of the library system services.
Adopted this 16th day of December, 1985.
r raid J4II oran
Mayor
AT T:
Patricia A. Bonniwell
Clk- Adm.
Ylilage of
NOVO CHU
GROVE CITY. MINNESOTA
0
December 19, 1985
Governing Board
pioneer Library system
Willmar,_ Minnesota 56201
Gentlemen:
Whereas the decision to expel Meeker County from the
pionearland Library System was wade December 9 to be effective
January 1, 1986, and
Whereas this precipitous implementation of a decision
with far - reaching Implications doom not give the oosmunities
most affected time to take action to preserve their libraries., and
Whereas the Grove City Community very much desires to keep
Its 1lbraryj
Therefore, the Grove City Village Council respectWly
requests that the Fionearland Library System delay IIor six
months the expulsion of Meeker County in order to give Grove
Cixy and the other communities of Meeker County time to work
out financing arrangements in order to save their library serviees.
Sincerely, 62;
7B hl, Mayor
0
CITY OF LITCHFIELD
RESOLUTION NO. 85 -12 -176
REQUEST PIONEERLAND LIBRARY SYSTEM
TO STAY CLOSING OF COUNTY LIBRARIES FOR SIX MONTHS
WHEREAS, the Pioneerland Library Board. on December 9, 1985 reject-
ed the Meeker County Resolution proposing to continue services at a
reduced level for 1986, and
WHEREAS, there is insufficient time for the Litchfield City Council
to explore the alternatives and options to maintain current levels of
service for the City of Litchfield,
THEREFORE, BE IT RESOLVED that the City Council request the
Pioneerland Library Board to grant a stay of action on the implementa-
tion of closing the Meeker County libraries for six months or until such
time as affected entities investigate the possibility for continuation
of the library system services.
Adopted this 20th day of December, 1985.
Approved: •
Attest: � R,
yol�a r - Q
Clerk-Vreasurer
CERTIFICATION
This is to certify that the foregoing is a true and exact copy of
the resolution as shown in the City Council minutes of _ December 20,
1985.
i d4AJ ,ems, .1
Betty A3tderson, Clerk- Treasurer
CITY OF LITCHFIELD
LJ
December 1985 -
PIONEERLAND
LIBRARY SYSTEM
ANNUAL
Treasurer's
Report
Curtis Johnson,
Treasurer
AUTOMATION
INCOME
BUDGET INCOME
MTD
YTD
MTD
BUDGET YTD
BUDGET
Balance
$155,073.02
$ 85,962.84
•
Receipts:
State /Federal Aid
209,242.00
206,100.00
Big Stone County
658.00
21,937.00
21',937.00
*Chippewa County
2,123.00
71,490.00
*71,490.00
Kandiyohi County
3,130.00
93,774.00
93,774.00
McLeod County
56,550.21
60,824.00
Meeker County
54,694.00
59,072.00
Swift County
499.58
17,374.00
17,374.00
Appleton
276.00
8,584.00
8,584.00
Benson
548.00
17,037.00
17,037.00
Glencoe
659.00
22,249.00
22,249.00
Graceville
117.00
3,849.02
3,849.00
Hutchinson
1,387.00
48,580.00
48,580.00
Kerkhoven
114.00
3,546.00
3,546.00
Litchfield
886.00
36,206.00
36,206.00
Ortonville
382.00
12,700.00
12,700.00
Willmar
2,384.00
76,725.00
76,725.00
Bird Island
206.00
6,421.00
6,421.00
*Dawson
285.00
8,859.00
* 8,859.00
Hector
188.00
4,376.01
4,376.00
*Madison
332.00
10,308.00
*10,308.00
• Renville
224.00
6,987.00
6,987.00
Cash Receipts
3,391.05
43,805.98
44,975.00
Gifts
984.00
Interest
(Nov. &
Dec.) 1,519.25
7,680.80
9,000.00
Reimbursements (local gov't)
*Chippewa County
31,247.00
*31,247.00
*Madison
3,310.00
* 3,310.00
*Dawson
5,177.00
* 5,177.00
Other Reimbursements
7,082.84
6,000.00
Other (KCWL)
1,000.00
Total Receipts
14,398.58
4,910.30
891,775.86
896,707.00
Glencoe Fund
4,635.00
Implementation Gratn (1984)
6,000.00
KCWL
671.00
TOTAL RECEIPTS & BALANCE:
$159,983.32
$977,738.70
$908,013.00
Automation Totals
14,398.58
18,000.00
TOTAL RECEIPTS, BALANCE & AUTOMATION MTD & YTD $159,983.32 $992,137.28 $926,013.00
•
Page 1 (OVER)
December 1985
ANNUAL
EXPENDITURES:
PIONEERLAND LIBRARY SYSTEM TREASURER'S REPORT (Continued)
MTO YTO _ % OF EXP CUR
C`IUTTJRES - 'Ek PENCI7URES TO EST " "--- " " - -BUDG
ACCT GROUP... .00
.00 .00% .00
PERSONAL SERVICES
'
SALARIES AND WAGFS i
584,135.00
HEALTH INSURANCE
_48.422.16
19701.44
_5759048.57_98.44%
241081.75
__
- 92.62%-
-26.000.00
MEDICAL PAYMENTS
353.40
746.72
.00%
.00
_ RET1_REMENT INSURANCE
4.355.16
50,826.79
90.24%
56,325.00__
ACCT -
GROUP. :4.832.08
6�i U,7D 3.83
?7.64-%
663,460.60
MATERIALS
-
BO7KS_AUULT
--- - - --
4,002.63
55,871.53
-
--
BOUKS - CHILDREN
-- - --4
1,736.32
1.603.9988.331
_101.08% ____55,274.00
16,760.00
GENERAL REFERENCE
.00
4,292.50
119.24%
3,60D.00
PERIODICALS
360.66
21,590.26
111.29%
199400.00
PAMPHLE IS
.00
16. : J1
3 0 6.w0-
8MM C 16M11 FILMS
.00
3.246.25
83.24%
3,9CO.00
V.OEO DISCS C TAPES
2C2.80
8_,.639.08
._5,800.Oc.
AU010 DISCS AND TAPES
_
_
26.30
180.34
_148.95%
190.342
___
�1CG.0C
SLIDES AND F164 STRIPS
.00
85.05
34.02%
250.0 C
MICROFORMS
.00
267.00
.00%
.OG
BINDING ,.
70.33
1,U44.10
_
174.02ii
600.00
ACCT
CROUP...
6.399.04
I1C,036.10
103.62%
105,984.00
CATALOGING
OCLC CHARGES
.00
12, 997.13
- 67.60%
199171.00
COM VENDOR CHARGES
369.49
10,950.22
115.27%
99500.00
ACCT
GROUP...
369.49
23,947.35
83.52%
28,671.00
VEHICLES
-
------
- - - - --
Oi�£RATION AND MAIaTENANCE
214.39
149121.12
91.32%
159463.00
453.39
• 19639.65
71.29%
29300.00
.. ACCT
GROUP...
667.78
1517co07 �- 88.7?%
__
17176 o
CO'4MUAICA7ION
TELEPHONE AND LIVE
-- - --E
792.40
9,545.37
8,000.00_
TLRMINAL MAINTEWAnCE
----
1,301.58
--- - -
1,308.58
_119.32%
93.47%
_
1-9-400.00
P6SIAGE A8D SHIPPING
625.62
7,979.07
99.74%
8,000.00
ACCT
GkDUP...
29926.60
16,833.02
108.24%
17,400.00
NEW EQJIPMENT
1,233.00
69307.34
121.30%
512CG.00
_ A[V EQUIPMENT
.00
80.00
2.86%
2.800.00
EQUIPMENT MAINTENENCE AND CuNTkACTS
699.64
8,481.17
84.81%
_ _
- 10,000.00
EQUIPMENT RENTAL
159.73
39274.84
155.94%
21106.00
ACCT
GROU°...
2,002.37
_18,143.35
GTH£R
__90.27%
__
_209100.00 _
__
CUSTODIAL SUPPLIES A'iG EQUIPMENT
137.96
19136.68
- 113.67%
1,000.00
_SU?P.L.I:S AND PRINTip _
1,320.96
24_,520.98
128.55%19.075.00
PkOMDTIONAL AND PROGSAMKIwG
3.20
571.54
_
114.31%
500.00
MILLk -Z;E AND `!EETINSS - STAFF
572.44
6,652.58
119.44%
5.573.00
__�:11iaG`lrr0_NEETI_;JG S_- _TR_USTEi- S
_
_.00
_ 29743.08
89.35%
3,0.70.00
PROF. ME%'IyERSHSPS :TS USTEE51
.00
- --
510.00
100.60X-
510.00
INSURANCE
6:.00
5,793.00
95.64%
69057.00
--L NUTIC£S _. ___.- _-
_ -__ -_.
__._
A IT LT -
�LaO
._...._.19400. 0
116.67%
1700.00
BGOKY.EEPI&G
225.00
2.700.00
90.00%
_.
39000.00
CONTINUINt EDUCATION
.00
285.L2
142.56%
200.00
____- ______ ACCT
_GROU°...
2,319.56
46,874.o2
116.4!1%
40,272.00
SPECIAL
'---------------
GLENCOE FRIENDS, 1923
94.32
613.LB
13.23%
49635.00
KCi1L
.UO
385.00
57.38%
671.00
SALARY STUDY
.00
2.160.00
54.005
_
4,000.00
AUTOMATION FUND
.00
14.398.58
79.99%
18,000.00
ASCT
¢,R<UP•s.
ar._32
17,556.76
6_4.30_ %27,306.00_
CRG.
TOTAL...
69,701.64
901,655.90
97.61%
9239956.00
•
ENDING CASH BALANCE
Page 2
$90,281.48 $90,281.48
AGENDA
SPECIAL ORGANIZATIONAL MEETING - HUTCHINSON CITY COUNCIL
. THURSDAY, JANUARY 2, 1986
1. Call meeting to order - 7:00 P.M.
2. Installation of Newly Elected Mayor and Aldermen
3. RESOLUTIONS AND ORDINANCES
(a) Resolution No. 8177 - Designation of Depositories of City Funds In
Commercial Banks
Action - Motion to reject - Motion to waive reading and adopt
(b) Resolution No. 8178 - Designation of Depository of City Funds - Federal
Savings and Loan Associations
Action - Motion to reject - Motion to waive reading and adopt
(c) Resolution No. 8179 - Designating Official Newspaper
Action - Motion to reject - Motion to waive reading and adopt
• (d) Resolution No. 8180 - Appointing City Officers for 1986
Action - Motion to reject - Motion to waive reading and adopt
(e) Resolution No. 8181 - Appointing Legal Counsel
Action - Motion to reject - Motion to waive reading and adopt
(f) Resolution No. 8182 - Entering Agreement with Pioneerland Library System
Board for Calendar Year 1986
Action - Motion to reject - Motion to waive reading and adopt
(g) Resolution No. 8183 - Resolution Approving Securities for Collateral
from Citizens Bank and Trust Co. of Hutchinson, Minnesota
Action - Motion to reject - Motion to waive reading and adopt
(h) Resolution No. 8184 - Resolution Approving Securities for Collateral
from Citizens Bank and Trust Co. of Hutchinson As Sponsoring Agency of
the Hutchinson Utilities Commission
Action - Motion to reject - Motion to waive reading and adopt
(i) Resolution No. 8185 - Resolution Approving Securities for Collateral
• from First National Bank of Hutchinson, Minnesota
Action - Motion to reject - Motion to waive reading and adopt
1
CITY COUNCIL AGENDA - JANUARY 2, 1986
(j) Resolution No. 8186 - Resolution Approving Securities for Collateral
from First National Bank of Hutchinson As Sponsoring Agency of the
Hutchinson Utilities Commission
Action - Motion to reject - Motion to waive reading and adopt
(k) Resolution No. 8187 - Resolution Approving Securities for Collateral
from First State Federal Savings & Loan Association of Hutchinson,
Minnesota
Action - Motion to reject - Motion to waive reading and adopt
4. NEW BUSINESS
(a) Selection of Council's Vice - President - Mike Carls
Action - Motion to elect
(b) Designation of Superintendent of Police and General Welfare - Paul L.
Ackland
Action - Motion to appoint
(c) Designation of Superintendent of Accounts, Finances, Health and •
Sanitation - Mike Carls
Action - Motion to appoint
(d) Designation of Superintendent of Public Buildings and Fire Protection -
Marlin Torgerson
Action - Motion to appoint
(e) Designation of Superintendent of Waterworks and Sewers - John Mlinar
Action - Motion to appoint
(f) Designation of Superintendent of Streets and Alleys - Pat Mikulecky
Action - Motion to appoint
(g) Designation of Council's Representative to Burns Manor Nursing Home
Board - John Mlinar
Action - Motion to ratify Mayor's appointment
(h) Designation of Council's Representative to Hospital Board - [like Carls
Action - Motion to ratify Mayor's appointment •
2
•
CITY COUNCIL AGENDA JANUARY 2, 1986
(i) Designation of Council's Representative to Planning Commission -
Marlin Torgerson
Action - Motion to ratify Mayor's appointment
(j) Designation of Council's Representative to Park and Recreation Board -
Pat Mikulecky
Action - Motion to ratify Mayor's appointment
(k) Designation of Council's Representative to Airport Commission
Pat Mikulecky
Action - Motion to ratify Mayor's appointment
(1) Designation of Council's Representative to Library Board - Mike Carls
Action - Motion to ratify Mayor's appointment
(m) Designation of Council's Representative to Safety Council - Marlin
Torgerson
Action - Motion to ratify Mayor's appointment
• (n) Designation of Council's Representative to Problem Solving Committee -
Paul L. Ackland
Action - Motion to ratify Mayor's appointment
(o) Designation of Council's Representative to Hutch. Housing, Inc. (HRA) -
John Mlinar
Action - Motion to ratify Mayor's appointment
(p) Designation of Council's Representative to Public Participation
Advisory Committee - John Mlinar
Action - Motion to ratify Mayor's appointment
(q) Designation of Council's Representative to Tree Board - Pat Mikulecky
Action - Motion to ratify Mayor's appointment
(r) Designation of Council's Representative for Liquor Store - John Mlinar
Action - Motion to ratify Mayor's appointment
(s) Designation of Council's Representative for Junker Sanitation -
• Marlin Torgerson
Action - Motion to ratify Mayor's appointment
3
CITY COUNCIL AGENDA - JANUARY 2, 1986
•
(t) Consideration of Applications for 1986 Cigarette Licenses
Action - Motion to reject - Motion to approve and issue licenses
(u) Consideration of Establishing Date and Time for Evaluation of City
Administrator and City Attorney By City Council
Action -
(v) Consideration of Establishing Date for Annual Report and Goals and
Objectives for 1986
Action -
(w) Consideration of Establishing Date for Orientation of Mayor and Elected
City Council Members
Action -
(x) Consideration of Verified Claims from 1985
Action - Motion to authorize payment from appropriate funds
5. ADJOURNMENT •
C,
J
9
RESOLUTION NO. 8177
DESIGNATION OF DEPOSITORIES OF CITY FUNDS
• IN COMMERCIAL BANKS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA
THAT the following named banks, which are authorized to do a banking
business in Minnesota, be and they hereby are designated depositories of the
Public Funds of the City of Hutchinson in the County of McLeod, State of
Minnesota, by the City Council of said City, for the term commencing January
2, 1986 for one year:
CITIZENS BANK & TRUST COMPANY, HUTCHINSON, MINNESOTA
THE FIRST BANK OF MINNESOTA, HUTCHINSON, MINNESOTA
THE FIRST NATIONAL BANK OF HUTCHINSON, HUTCHINSON, MINNESOTA
THE FIRST NATIONAL BANK OF MINNEAPOLIS, MINNEAPOLIS, MINNESOTA
NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS, MINNEAPOLIS, MINNESOTA
upon terms and conditions following, to -wit:
THAT this designation is subject to the right of said City of Hutchinson,
Minnesota, to modify, vacate, or revoke the same according to law, and also
. subject to any depository agreement executed pursuant to Section 118.01, Min-
nesota Statutes of 1945 and Section 427.01, Minnesota Statutes of 1957, and
that said depositories shall pay on demand all deposits therein subject to
payment on demand, and
BE IT FURTHER RESOLVED:
THAT the City Clerk of the City of Hutchinson is hereby authorized and
directed to deposit in said banks in special funds to be known as "City of
Hutchinson" all monies that may come into his hands.
BE IT FURTHER RESOLVED:
THAT a copy of this resolution be filed with the City Clerk and each of
the banks so designated.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
• Gary D.
City Clerk
Paul L. Ackland
Mayor
0
•
RESOLUTION NO. 8178
DESIGNATION OF DEPOSITORY OF CITY FUNDS -
FEDERAL SAVINGS AND LOAN ASSOCIATIONS
3E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT First State Federal Savings and Loan Association, Hutchinson,
Minnesota, and Midwest Federal Savings and Loan, Minneapolis, Minnesota, are
hereby designated as an official depository of and for funds of the City of
Hutchinson up to the maximum designated by law.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
0
•
RESOLUTION NO. 8179
DESIGNATING OFFICIAL NEWSPAPER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT, The Hutchinson Leader be designated the official newspaper
during the calendar year of 1986 for the City of Hutchinson.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
11
•
•
RESOLUTION NO. 8180
APPOINTING CITY OFFICERS FOR 1986
SOTA:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNE-
THAT the following appointments to the indicated executive offices of
the City of Hutchinson are made for the period of one year. Compensation shall
be continued as agreed upon by separate Council action:
City Clerk /Treasurer /City Administrator
Asst. City Clerk /Finance 6 Purchasing Dir
Police Chief
Fire Chief
Assistant Fire Chief
Assistant Fire Chief
Assessor
Health Officer
Director of Fire Inspection
Director of Engineering
Director of Maintenance Operations
Director of Parks and Recreation
Liquor Store Manager
Building Official
Chief Water Plant Operator
Chief Wastewater Plant Operator
Civic Arena Coordinator
City Forester
Personnel /Transit Coordinator
ATTEST:
Gary D. Plotz
Kenneth B. Merrill
Dean O'Borsky
Orlin Henke
Dick Popp
Bradley Emans
Tony Victorian
Dr. George Smith
George Field
Marlow V. Priebe
Ralph Neumann
Bruce Ericson
Charles Nelson
Homer Pittman
Dick Nagy
Randy DeVries
Marvin Haugen
Mark Schnobrich
Hazel Sitz
Adopted by the City Council this 2nd day of January, 1986.
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
• RESOLUTION NO. 8181
APPOINTING LEGAL COUNSEL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT James Schaefer be appointed as City Attorney at a retainer fee
for a six month period from January 1, 1986 to June 30, 1986. Services to be
included within the retainer fee are: prosecution of Police Department cases;
attendance at all City Council and Planning Commission meetings; attendance at
City staff meetings held the first and third Wednesday each month; preparation
of Resolutions and Ordinances; negotiating property acquisition and counseling
property owners on relocation law and benefits; legal services for all bond
issues, except legal services for industrial revenue and tax increment bond /note
issues and other customary legal services in the normal cause of City business.
Matters such as appearance in county, state district, or federal dis-
trict court will be billed separately, with an annual ceiling for such legal
expenditures as determined by the City Council. State Supreme Court Appeals
will be billed as extra legal services outside of the retainer fee and afore-
mentioned ceiling. Legal action initiated to collect obligations owing the
City or its agencies may be billed on a contingent fee basis and any amounts
received for such actions shall not be included in any aforementioned ceiling.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary O. Plotz
City Clerk
C�
Paul L. Ackland
Mayor
0
,J
•
RESOLUTION NO. 8182
ENTERING AGREEMENT WITH PIONEERLAND
LIBRARY SYSTEM BOARD FOR CALENDAR YEAR 1986
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT the City of Hutchinson will enter into agreement with the Pioneer -
land Library System Board for a period of one year beginning January 1,
1986.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
� /I
RESOLUTION NO. 8183
RESOLUTION APPROVING SECURITIES FOR
• COLLATERAL FROM CITIZENS BANK AND TRUST CO. OF
HUTCHINSON, MINNESOTA
WHEREAS, the Citizens Bank & Trust Co. of Hutchinson, a City Depository,
has presented as collateral $6,100,000.00 as follows:
PLEDGE
DESCRIPTION
RATE
MATURITY
AMOUNT
7080
Moorhead, MN
5.20
01 -01 -91
$ 50,000.00
7080
Mound, MN
5.60
01 -01 -91
50,000.00
7080
Mesa Maricopa City, AZ
12.00
07 -01 -91
100,000.00
7080
Fed. Natl. Mtg. Assn.
14.625
06 -10 -86
200,000.00
7080
Fed. Natl. Mtg. Assn.
11.55
03 -10 -87
200,000.00
9512
Fed. Natl. Mtg. Assn.
11.15
01 -12 -87
500,000.00
9512
Fed. Farm Credit Bank
11.50
07 -20 -88
500,000.00
9512
Fed. Natl. Mtg. Assn.
9.50
10 -10 -88
500,000.00
9518
Fed. Natl. Mtg. Assn.
14.45
08 -10 -87
500,000.00
9518
Fed. Natl. Mtg. Assn.
11.25
03 -10 -87
300,000.00
9518
Fed. Natl. Mtg. Assn.
11.20
06 -10 -87
200,000.00
9518
Fed. Natl. Mtg. Assn.
12.125
10 -13 -87
500,000.00
9518
U.S. Treas. Note
9.75
04 -30 -87
500,000.00
.
0644
Fed. Natl. Mtg. Assn.
12.90
10 -10 -86
500,000.00
0644
Fed. Natl. MtQ. Assn.
11.00
05 -12 -86
200,000.00
0644
Fed. Natl. Mtg. Assn.
10.85
11 -10 -87
300,000.00
0813
Minnetonka, MN G.O.
8.50
05 -01 -89
50,000.00
0813
Anchorage, AK
9.00
06 -01 -89
100,000.00
0813
N. Slope Boro, AK G.O.
9.25
06 -30 -89
50,000.00
0813
Rapid City, S.D. 1151 -4 S/D
8.50
07 -01 -89
100,000.00
0813
Grantsburg, WI S/D
8.00
10 -01 -89
50,000.00
0813
Minnetonka, MN G.O.
6.65
02 -01 -90
100,000.00
0813
Moorhead, MN I /S /D 11152
6.00
02 -01 -90
50,000.00
0813
St. Peter, MN I /S /D #508
6.25
02 -01 -90
50,000.00
0813
Burnsville, MN G.O.
8.10
03 -01 -90
100,000.00
0813
Glencoe, MN Lt. & Pwr.
5.00
05 -01 -90
50,000.00
0813
N. Slope, AK G.O.
9.30
06 -30 -90
50,000.00
0813
Rapid City, S.D. S/D 7154 -54
9.50
09 -15 -91
50,000.00
0813
Iowa Great Takes San. Dist.
10.75
06 -01 -92
50,000.00
0813
New Hone, MN G.O.
9.75
02 -01 -96
100,000.00
0813
Eden Prairie, MN ISD X1272
4.90
03 -01 -90
50,000.00
TOTAL 86,100,000.00
• BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota,
that the Treasurer be authorized to accept said securities as collateral and
RESOLUTION NO. 8183
PAGE 2
0
that said collateral be depo5itad with the First National Bank of Minneapolis
for safekeeping.
Adopted by the Citv Council this 2nd day of January, 1966.
ATTEST:
Paul L. Ackland
Mayor
ry D. Plotz •
City Clerk
•
•
•
•
RESOLUTION NO. 8184
RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS BANK
AND TRUST CO. OF HUTCHINSON AS SPONSORING AGENCY OF THE
HUTCHINSON UTILITIES COMMISSION
WHEREAS, the Citizens Bank and Trust Co, of Hutchinson, a City Depository,
has presented as collateral $4,200,000.00 for the City of Hutchinson as sponsoring
agency of the Utilities Commission as follows:
PLEDGE
DESCRIPTION
RATE
MATURITY
AMOUNT
1412
U.S.
Treas.
Note
10.125
02 -15 -88
$ 300,000.00
3371
U.S.
Treas.
Note
8.875
07 -31 -87
200,000.00
5892
Federal Home
Loan Bank
11.050
03 -27 -87
300,000.00
9477
U.S.
Treas.
Note
16.125
11 -15 -86
500,000.00
9553
U.S.
Treas.
Note
11.375
08 -15 -86
300,000.00
9553
U.S.
Treas.
Note
12.250
09 -30 -86
200,000.00
9553
U.S.
Treas.
Note
14.000
03 -31 -86
300,000.00
9564
U.S.
Tress.
Note
10.125
02 -15 -88
200,000.00
9564
U.S.
Treas.
Note
9.500
08 -15 -88
200,000.00
9573
U.S.
Treas.
Note
10.000
12 -31 -86
500,000.00
9573
Federal Farm
Credit Bank
15.150
07 -21 -86
300,000.00
9573
U.S.
Treas.
Note
11.125
09 -30 -87
200,000.00
9594
U.S.
Tress.
Note
10.875
02 -28 -86
500,000.00
9594
Federal Farm
Credit Bank
10.000
12 -01 -86
200,000.00
TOTAL
$4,200,000.00
BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota,
that the Treasurer be authorized to accept said securities as collateral and
that said collateral be deposited with the First National Bank of Minneapolis
for safekeeping.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
2
I[]
RESOLUTION NO. 8185
RESOLUTION APPROVING SECURITIES FOR
COLLATERAL. FROM FIRST NATIONAL
BANK OF HUTCHINSON, MINNESOTA
WHEREAS, the First National Bank of Hutchinson, a City Depository, has
presented as collateral $2,200,000.00 as follows:
BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota,
that the Treasurer be authorized to accept said securities as collateral and
that said collateral be deposited with F & M Marquette National Bank for
safekeeping.
Adnpted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
DESCRIPTION
RATE
MATURITY
AMOUNT
U.S.
Treasury
Notes
F86
16.125
11 -15 -86
$ 400,000.00
U.S.
Treasury
Notes
H86
14.875
6 -30 -86
200,000.00
U.S.
Treasury
Notes
.J86
12.250
9 -30 -86
400.000.00
U.S.
Treasury
Notes
L87
11.250
12 -31 -87
500,000.00
U.S.
Treasury
Notes
T88
9.500
8 -15 -88
500,000.00
Federal Farm
Credit
Bank 85I
17.000
12 -02 -85
200,000.00
TOTAL
$2,200,000.00
BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota,
that the Treasurer be authorized to accept said securities as collateral and
that said collateral be deposited with F & M Marquette National Bank for
safekeeping.
Adnpted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
• RESOLUTION NO. 8186
RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM FIRST
NATIONAL BANK OF HUTCHINSON AS SPONSORING AGENCY OF THE
HUTCHINSON UTILTIIES COMMISSION
•
WHEREAS, the First National Bank of Hutchinson, a City Depository, has
presented as collateral $3,300,000.00 as follows:
BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota,
that the Treasurer be authorized to accept said securities as collateral and
that said collateral be deposited with the F & M Marquette National Bank for
safekeenine.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
-V'
DESCRIPTION
RATE
MATURITY
AMOUNT
U.S.
Treasury
Notes
K85
14.125
12 -31 -85
$ 400,000.00
U.S.
Treasury
Notes
K85
14.125
12 -31 -85
100,000.00
U.S.
Treasury
Notes
E87
14.000
5 -15 -87
300,000.00
U.S.
Treasury
Notes
F87
13.750
8 -15 -87
500,000.00
U.S.
Treasury
Notes
J87
10.500
6 -30 -87
500,000.00
U.S.
Treasury
Notes
R87
9.750
1 -31 -87
500,000.00
U.S.
Treasury
Notes
R88
10.375
2 -15 -88
500,000.00
U.S.
Treasury
Notes
T88
9.500
8 -15 -88
500,000.00
TOTAL
$3,300,000.00
BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota,
that the Treasurer be authorized to accept said securities as collateral and
that said collateral be deposited with the F & M Marquette National Bank for
safekeenine.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
-V'
0
E
•
RESOLUTION NO. 8187
RESOLUTION APPROVING SECURITIES FOR COLLATERAL
FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION
OF HUTCHINSON, MINNESOTA
WHEREAS, the First State Federal Savings & Loan Association of
Hutchinson, a City Depository, has presented as collateral $4,425,341.66
as follows:
DESCRIPTION
GNMA - Pool 1168345
GNMA - Pool #60175
GNMA - Pool 1150819
FHLMC -
Guar.
Cert.
FHLMC -
Pool
1117035
FHLMC -
Pool
11181069
FHLMC
- Pool
11310001
FHLMC
- Pool
11210361
FHLMC
- Pool
11188082
Dilial"A
MATURITY AMOUNT
5 -15 -98 $ 507,702.00
2013 299,024.28
119,516.00
247,000.00
366,629.00
147,808.78
873,990.40
1,040,985.00
822,686.20
$4,425,341.66
BE IT RESOLVED by the Citv Council of the City of Hutchinson, Minnesota,
that the Treasurer be authorized to accept said securities as collateral and
that said collateral be deposited with Merrill, Lynch, Pierce, Fenner & Smith,
Inc. for safekeeping.
Adopted by the City Council this 2nd day of January, 1986.
ATTEST:
Gary D. Plotz
City Clerk
Paul L. Ackland
Mayor
_k,
1986 CIGARETTE LICENSES
Durwood Airhart
D.J. Mac's
K. E. Aus, Mgr.
K Mart Corporation
• Theodore Beatty
Hutch. Snyder Drug Store
Charles Boettcher
The Big C
Curt Bradford
Prairie House, Inc.
Curt Bradford
7 West Truck Stop
John A. Buytaert
J's Pizza Garten
Steve Christianson, Mgr.
Tom Thumb Food Market
City of Hutchinson
City Hall
Michael J. Commerford
Mike's Mobil Service
Michael J. Commerford
Southtown Mobil
Jean C. Davison
Davison North Side Grocery
Barbara Flom
Elks Lodge No. 2427
Carol Fransen
Carol's Cafe
Dennis Hanson
Velvet Coach Inn
Edward Harper
West Side Grocery
Ward Haugen
GTC Auto Parts
R. C. Hornick
One Stop Gas & Grocery
Dean Huber
Dean's Discount Foods
Leonard Jahnke
Jahnke's Red Owl
Eric Johnson
Johnson's Super Valu
Walter L. Kelley
Hutch Cafe
Ralph Kerr
V.F.W. Post #906
David Kramer
Coast to Coast
Orville V. Lambert
Lambert's Standard Service
Kevin Lamson
Scalawags
Brad Larson
Hutch Bowl, Inc.
. Milton Lueneburg
Family Rexall Drug Store
William C. Leung
Gold Coin Chinese Restaurant
Charles Nelson, Mgr.
Hutch. Mun. Liquor Store
Botolf E. Petersen
3M Magnetic A/V Prod.
Mark J. Peterson
Erickson's Oil Products
Scott Plowman
Plowman's
Wayne Rahn
40 Hour Week
Brian L. Reckow, Mgr.
Crow River Country Club
Emil C. Rix
Downtown Standard
Cliff Roiger, Mgr.
American Legion Post 96
Bruce Santelman
Country Kitchen
Scott Schmidt
Erickson Oil Products
Clayton Shoutz
7 -West Wash & Dry
Vernon Showalter, Mgr.
Happy Chef
George M. Thelen
George's Food -N -Fuel
Mark Thoma, Mgr.
Erickson Big "D" & Valu Drug
Bruce 0. Torell
3M Tape Plant
Joseph Wesley
Wesley's Pharmacy
Dale Wiederholt, Mgr.
Shopko
Myron E. Wigen, Jr.
Wigen Chevrolet
POPCORN STAND PERMIT:
• Mark D. McGraw Popcorn Stand
S.W. Corner of Public Square
101 1st Ave. S.E.
1090 Hwy. 15 S.
228 Main St. S.
204 4th Ave. N.W.
Hwy. 15 S.
Hwy. 7 West
16 Main St. N.
1115 Hwy. 7 West
37 Washington Ave. W.
105 Main St. N.
"903 Hwy. 15 S.
. 578 ,Prospect
225 Washington E.
40 Main St. N.
Hwy: 7 East
502 Harrington St.
31 1st Ave. N.E.
4th Ave. NW & N. Main
Hwy. 7 West
242 Main St. S.
1105 Plaza 15
122 Main St. S.
247 1st Ave. S.E.
105 E. Washington
N. Main & 4th N.E.
Hwy. 7 West
Hwy. 7 West
2 Main St. S.
45 Main St. N.
117 Main St. N.
Hwy. 22 S.
1100 Hwy. 15 S.
Hwy. 7 West
18 Main St. N.
Box 9
104 Main St. N.
35 2nd Ave. S.
Hwy. 7 East
11 4th Ave. N.E.
Hwy. 7 West
Hwy. 7 West
600 Adams S.
140 1st Ave. S.E.
Hwy. 22 S.
34 Main St. S.
1235 Plaza 15 S.
Hwy. 7 East
831 2nd Ave. S.W.
.� _ T
•
E
•
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
December 20, 1985
Mayor Paul Ackland and Members
of the Hutchinson City Council
RE: Closed meetings for wage review
Dear Mayor Ackland and Councilmembers:
RFC;�7ggs
M, By
.d.
\819SVE%
FOR YOUR INFORMATION
I have been asked to comment on the appropriateness of
the City Council holding closed meetings to discuss merit wage
increases for city personnel. As you may be aware, there has
in the past been perceived a conflict between the Minnesota
Government Data Practices Act and the Minnesota Open Meeting
Law. The Data Practices Act made certain information
concerning governmental employees public data. All information
not specifically made public was deemed to be "private ".
Since the Open Meeting Law applies to city councils it has in
the past been considered appropriate to hold closed meetings
when information classified as "private" by the Data Practices
Act was to have been discussed. Such information would
include job evaluation and performance ratings utilized in
determining merit increases.
In August of 1985 the Court of Appeals of Minnesota
decided a case caption Itasca County Board Of Commissioners
vs. Olson, 372 NW2d 804. I have enclosed a photocopy of that
case for your inspection. Briefly stated, the Itasca County
Board of Commissioners sought a judicial opinion concerning
the priority of holding a closed meeting to discuss the
hospital administrators work performance. The Court of
Appeals stated that the general language of the Data Privacy
Act did not create an exception to the Open Meeting Law and
that even though personnel data deemed private by the Data
Practices Act should generally remain private that
classification must change to "public" when that data must
reasonably be discussed at open meeting of public bodies.
The Court of Appeals did seem to make a distinction
between managerial or supervisory employees and what they
termed "ministerial employees ". They seem to feel that the
Mayor Ackland and Councilmembers •
December 20, 1985
Page Two
need for discussion at open meetings is greater with
managerial or supervisory employees than with ministerial
employees, presumably because a public has a greater public
interest in obtaining information pertinent to the high level
public employees. Nonetheless, I do not feel that there is
any distinction that can be made between private data for high
or low level employees. I believe that if a supervisor's job
performance becomes public upon discussion at an open meeting,
then the same must hold true for all employees since the Data
Practices Act makes no distinction between the level of an
employee when it classifies information as "public" or
"private ".
Given the language of the Itasca County Decision I do
not believe it is possible for us at the present time to hold
merit reviews before a full council without such reviews being
open to the public. It would be possible for the supervisor
and the councilmen in charge of the employee considered for
merit review to meet, discuss the performance criteria, and
make a recommendation to the full council without listing the •
criteria that formed the basis for the decision. The council
could then act simply upon the recommendation of the
supervisor and the councilmen. If any individual councilmen
wanted to view the performance evaluation, that councilmen
would be free to inspect the evaluation in the employee's
personnel file for his own personal information. Subdivision
1 (b) of the Open Meeting Law does specifically exempt printed
materials classified by law as other than public from being
distributed to the public at an open meeting. This would mean
that theoretically any private data reduced to printed form
which forms the basis for a job performance evaluation
recommendation could be given to the council at an open
meeting and kept from the members of the public. So long as
no discussion of the private printed material took place at
the open meeting it would remain private. If the
councilmembers discussed the material at the public meeting,
it would become public for that purpose and could be reported
upon by any individual attending the meeting.
Given the complex nature of this topic I would be
happy to answer any questions that any of you might have.
Sincerely yours,
CITY OF HUTCHINSON
ByP
James H. Schaefer
Hutchinson City Attorney
JHS:dlp
•
0
11
ik
t
la.
4_
±s?
a
804 Minn. 372 NORTH WESTERN REPORTER. 2d SERIES
. A
that classification must change to wpubfic
when. that data must reasonably be &
cussed at open meeting of public bo&
which Is subject to Open Meeting Lati
Reversed.
O ISDw •-
IY:UM�E Imi.M
r L Administrative Law and Proeedmk
Open Meeting Law [M.S.A. § 471.704.
was enacted for public benefit and shoe$
ITASCA COUNTY BOARn OF be liberally construed. 4.
COMMISSIONERS, et a].,
Appellants,
was properly admitted. Similarly, the
tangible evidence recovered as a result of
the confession was properly admitted. ,
Affirmed.
V.
Robert R. OLSON, Itasca County Person.
nel Director /Coordinator, Gene A.
Hanson, Administrator of Itasca Me-
morial Hospital and Itasca County Per.
sonnel Policy Form 005, Respondents.
No. C2 -85 -262.
Court of Appeals of Minnesota.
Aug. 20, 1985.
When hospital administrator objected
to public evaluation of his work, county
brought declaratory judgment action to de-
termine parties' rights and responsibilities
under Open Meeting Law and Data Practic-
es Act. The District Court, Itasca County,
James Preece, J., determined that Data
Practices Act created an exception to Open
Meeting Law subject to court review and
then ruled that the meeting to evaluate the
hospital administrator should be open to
the public. County appealed. The Court
of Appeals, Parker, J., held that: (1) gener-
al language of Data Privacy Act which
merely indicates in general terms that cer-
tain personnel data should be normally con-
sidered "private" does not create exception
to Open Meeting Law; thus, special provi-
sions of Open Meeting Law limiting way in
which exception may be created, prevails
over general language in Data Privacy Act,
and (2) although personnel data deemed
private by Data Practices Act should re-
main private under most circumstances,
2. Administrative Law and Procer
6=124
liberal construction due Opel. Mee
Law [M.S.A. § 471.705] includes presu
tion of openness subject to rare and c
fully restrained exception.
3. Counties X52
Hospitals e---6
Both county and hospital boards
subject to provisions in Open Meeting I
[M.S.A. § 471.7051 and accordingly are
quired to conduct their business at m
ings which are open to public unless bi
ness to be conducted comes within exc
tion to law.
4. Statutes x=223.1
In interpreting two allegedly cc
ing statutes, court has duty to give
to all related statutory provisions, if
ble.
5. Administrative Law and Prom
e-124
General language of Data Privacy
[.M.S.A. 13.03, subd.4] which merely
cates in general terms that certain per
nel data should be normally consid
"private" does not create exception to C
Meeting Law [M.S.A. § 471.705]; thus,
cial provisions of Open Meeting Law, G
ing way in which exception may be crea
prevails over general language in Data
vacy Act.
6. Constitutional Law x70.1(12) .
Judicially created exceptions to Ol
Meeting Law [M.S.A. § 471.7051 are gen
ally not permitted.
:S
t change to "public"
reasonably be dis-
-mg of public body
)pen Meeting Law.
:w and Procedure
[M.S 4. § 471.7051
benefit and should
w and Procedure
m due Open Meeting
i] includes presump.
;et to rare and care -
:iun.
hospital boards are
a Open Meeting Law
i accordingly are re-
,r business at meet-
, public unless busi-
comes within excep.
vo allegedly conflict.
s duty to give effect
y provisions, if possi.
aw and Procedure
of Data Privacy Act
which merely indi-
that certain person.
urmally considered
L exception to Open
471.705]; thus, spe• '
Meeting Law, limit
'Ition may be created,
':utguage in Data P6
a-70.102)
exceptions to Open
j 471.705] are genes
ITASCA COUNTY BD. OF COM'R.S v. OLSON Minn. 805
cite u 372 N.W2d 80i (Nftn Aw. 1983)
7, Constitutional Law e-67
Supreme Court has exclusive power to
make necessary rules and regulations gov-
erning bar, free from dangers of encroach-
ment either by legislative or executive
branches.
& Records e-58
Although personnel data deemed pri-
vate by Data Practices Act [M. S.A. § 13.03,
subd. 4] should remain private under most
circumstances, that classification must
change to "public" when that data must
reasonably be discussed at open meeting of
public body which is subject to Open Meet-
ing Law [M.S.A. § 471.705].
!. Constitutional Law 4=460)
Court of Appeals will consider consti-
tutionality of statute only if it is absolutely
necessary to determine merits-
Syllabus by the Court
1. Minn.Stat. § 13.43; subd. 4, of the
Minnesota Government Data Practices Act
does not create an exception to Minn.Stat.
1471.705 (1984), the Minnesota Open Meet-
ing Law, for discussions involving person-
nel data classified as private.
2. Minn.Stat. § 13.03, subd. 4, re-
quires personnel data classified as private
under Minn.Stat § 13.43, subd. 4, of the
Minnesota Government Data Practices Act
to change in classification to public when
that data must reasonably be discussed at
s meeting of a public body which is subject
to the Minnesota Open Meeting law.
John P. Dimich, Itasca County Atty., Mi-
chael J. Haig, Asst County Atty., Grand
Rapids, for appellants.
Steven C. Fecker, Grand Rapids, for Rob-
ert R. Olson. ,,
David J. Koskinen, David R. Michelson,
Duluth, for Gene A. Hanson.
Mark R. Anfinson, Minneapolis, for ami-
cus curiae Minnesota Newspaper Assn.
Hubert H. Humphrey, III, Atty. Gen.,
Robert R. Nardi, Sp. Asst Atty. Gen., St.
Paul,, for amicus curiae Minnesota Attor-
ney General. ,
Heard, considered and decided by PAR-
KER, P.J., and HUSPENI and FORS -
BERG, JJ.
OPINION
PARKER, Judge.
This declaratory judgment action was
brought by appellants itasea County Board
of Commissioners (Itasca County) to deter-
mine their rights and responsibilities in con-
nection with a proposedperformance evalu-
ationof respondent Gene Hanson, Itasca
Memorial Hospital Administrator. Itasca
County contends Minn.Stat. § 471.705
(1984), the Minnesota Open Meeting Law,
requires that their meeting to evaluate
Hanson be public. Hanson claims the eval-
uation should be held privately because it
will involve discussion of data classified as
"private personnel data" under Minn.Stat.
§ 13.43, subd. 4 (1984), of the Minnesota
Government Data Practices Act.
The trial court found Minn.Stat. § 13.43,
subd. 4, creates an exception to the Open
Meeting Law subject to court review and
then ruled that the meeting to evaluate
Hanson should be open to the public. We
reverse the trial court's decision that the
Data Practices Act, Minn.Stat. § 13.43,
subd. 4, creates a further exception to the
Open Meeting Law.
FACTS
The Itasca County Board of Commission -
ers Js the governing body and employer for
Itasca County, a political subdivision of the
State of Minnesota. The individual appel-
lants are the commissioners serving on the
County Board. The County Board has del-
egated to the Itasca County Hospital Board
(Hospital Board) responsibility for the care,
management, and operation of Itasca Me-
morial Hospital, a publicly owned hospital.
All of the commissioners serve on the Hos-
pital Board.
Hanson is the hospital administrator and
a supervisory employee of the County
806 Minn. 372 NORTH WESTERN REPORTER 2d SERIES
Board. Both boards have authority to eval-
uate Hanson's work performance. The
Hospital Board wants to evaluate Hanson's
work performance based on a standard
evaluation form (Form 005).' Items on
Form 005 include job knowledge, productiv.
ity, quality, initiative, use of time, planning,
follow -up, human relations, leadership, and
subordinate development.
The Hospital Board scheduled an evalua-
tion session of Hanson at an open meeting
on July 17, 1984. At that meeting Hanson _
asked that the meeting be closed to the
public, claiming the evaluation would in-
volve information classified as private per -
sonnel data under Minn.Stat. § 13.43, subd.
4, of the Data Practices Act. Perceiving a
conflict between that statute and the Open
Meeting Law as to whether the evaluation
should be held at an open or closed meet-
ing, the Hospital Board postponed its eval-
uation to obtain legal advice. Subsequent-
ly, Itasca Countv brought a declaratory
judgment action to determine the parties'
rights and responsibilities under the Open
Meeting Law and the Data Practices Act.
The trial court found that Minn.Stat.
§ 13.43, subd. 4, operates as an exception
to the Open Meeting Law subject to court
review on a case -by -case basis. In this
case, the court ruled the evaluation meet-
ing should be open to the public.
Itasca County's motion for amended con-
clusions of law or, in the alternative, a new
trial was denied, as was their petition for
accelerated review to the Minnesota Su.
preme Court. It appeals from the judg-
ment and the trial court's order denying a
new trial. The Minnesota Attorney Gener-
al and Minnesota Newspaper Association
filed briefs as amici curiae.
ISSUES
1: Does Minn.Stat. § 13.43, subd. 4, of
the Minnesota Government Data Practices
Act create an exception to Minn.Stat.
§ 471.705 (1984), the Minnesota Open Meet-
ing Law, for discussions involving person-
nel data classified as private?
2. Does Minn.Stat. § 13.03, subd. 4, re-
quire personnel data classified as private
under Minn.Stat. § 13.43, subd. 4, of the
Minnesota Government Data Practices Act
to change in classification to public when
that data must reasonably,be discussed at
a meeting of a public body which is subject
to the Minnesota Open, Meeting Law?
3. Does Minn.Stat. § 13.43, subd. 4, vio-
late the first and fourteenth amendments
of the United States Constitution and arti-
cle 11 section 1, of the Minnesota Constitu-
tion, by precluding public discussion of pri-
vate personnel data without a court order?
DISCUSSION
I
The .Minnesota Open Meeting Law
The Minnesota Open Meeting Law pro-
vides in relevant part: '
Except as otherwise expressly provided
by statute, all meetings, including execu-
tive sessions, of any state agency, board,
commission or department when required
or permitted by law to transact public
business in a meeting, and the governing
body of any ' ' ' county, city, town, or
other public body, and of any committee,
subcommittee, board, department or
commission thereof, shall be open to the
public ' ' .
Minn.Stat. § 471.705, subd- 1 (1984) (em
phasis added).
The Open Meeting Law has been in ef-
fect since 1957. See 1957. Minn.Laws ch.
773. The purposes of the statute are:
(1) "to prohibit actions being taken at a
secret meeting where it is impossible for
the interested public to become fully in-
formed concerning board decisions or to
detect improper influences," Lindahl o.
Independent School District No. JA
270 Minn. 164, 167, 133 N.W.2d 23, 26
(1965); (2) "to assure the public's right to
be informed," Channel 10, Inc. v. Inde-
pendent School District No. 709, 298
Minn. 306, 313, 215 N.W.2d 814, 821
(1974); and (3) "to afford the public an
opportunity to present its views to the
board." Sullivan a Credit River Toros-
skip, 299
506 (1974
St. Cloud
Communih
(Minn. 1983).
1 [1, 21 Th
Public benef
atrued. Id
indudei a pr
to ..rare an
lion." Id a
[31 Both
Boards are s
Open Meetm
required to c
ings which a
business to
exception to
ea County at
by interpreti
as one such
The Min
The Minn,
data privacy
Minn.Laws c
Commentator
Act
attempts d
subjects to
from indisc
right of V.
government
tempts to b.
within a cot
Operation.
Gemberling a
Everything I
the Minnesotr
es Act —From
LRev. 573 (if
The Data P
access. How:
from public vi
All governr:
received, mr
L The statute -.
expanded in B,
sIES
3.43, subd. 4, of the
it Data Practices Act
ttion to public when
,ably r= discussed at
oudy "''_ch is subject
n Meeung Law.'
;. § 1 ;.43, subd. 4, Vic-
urteer,`.a amendments
Constitution and arti-
::e Minnesota Constitu-
ablic discussion of lim
without a court order.
StiiON
apcn Meeting Law
n .Sleeting Law pro'
expressly provided
- tdngs, including execte
ny state agency, board.
,ertment when required
law to transact public
mg, and thegoierning
" county, city, town, or
rnd of any committee,
<trd, department or
-f, shall be open to the
subd. 1 (1984) (em'
-AW has been in ef-
1957 Minn.Laws ch.
the statute are:
ions being taken at a
c -re it is impossible for
Jc to become fully in-
')card decisions or to
iences," Lindahl V.
i District No. 906
133 N.W.2d 23, 26
s the public's right to
-enel 10, Inc. v. Indc-
'?istrict No, i09, 298
1.5 N.W.2d 814, 821
:r afford the public an
sent its views to the
Credit River TOa'n-
ITASCA COUNTY BD. O
OF COMBS v. OLSON Minn. 807
Cae u 372 N.W.2d tie• (Mian,App, 1985)
Ship, 299 Minn. 170, 175, 217 N.W.2d 502, a state agency, political-subdivision, o
508 (1974)' s
or
Cloud 'Vewspapers it District 742 c
classified by statute ' • • as nonpublic
332 N.W.2d 1, 4 o
or protected nonpublic, or with respect
to data on individuals, as private or
11, 21 The statute was enacted for the c
confidential.
Public benefit and should be liberally con- M
Minn.Stat. § 13.03, subd. 1 (1984) (emphasis
!'trued. Id at 4-5. A liberal construction a
added).
includes a presumption of openness subject T
This case involves the section of the Data
to "
Practices Act covering "personnel data,"
which is defined as
131 Both the County and Hospital d
data on individuals collected because the
Boards are subject to the provisions of the i
individual is or was an employee of ' ' '
Open Meeting Law. Accordingly, they are a
a state agency, statewide - system or po-
required to conduct their business at meet- l
litical subdivision ' ,
b1gs which are open to the public unless the M
Minn.Stat. § 13.43, subd. 1 (1984) (emphasis
to be co::ducted comes under an a
added). Section 13.43, subd. 2 provides an
exception to the Open Meeting Law. Itas- e
extensive listing of personnel data on cur -
ca County argues that the trial court erred r
rent government employees which is public.
§ 13.43, subd. 4, H
However, section 13.43, subd. 4, provides
other personnel data is private data
on individual- t ?
The Minnesota Government Data
Practices Act
The Minnesota Legislature enacted a
data privacy statute in 1974.1 See 1974
Mtnn.La.ws ch. 479. According to some
commentators, the current Data Practices
AM
attempts to reconcile the rights of data
subjects to protect personal information
from indiscriminate disclosure with the
right of the public to know what the
government is doing. The Act also at-
tempts to balance those competing rights
within a context of effective government
operation.
Gemberling and Weissman, Data Privacy:
tt'erything You Wanted to Know About
the Ainnesota Government Data Practic-
t Act -From A" to "Z'; S Wm.Mitchell
LRev. 573 (1982).
The Data Practices Act presumes public
access. However, some data is shielded
tram public view:
All government data collected, created,
received, maintained or disseminated by
t• The statute was given its current name and
expanded in 1979. See 1979 Minn.l�ws ch. 328,
ezcep pursuant to a val-
id court order" (emphasis added).
"Private data on individuals" means
data which is made by statute or federal
law applicable to the data: (a) not pub-
lic; and (b) accessible to the individual
subject of that data."
Minn.Stat. § 13.02, subd. 12 (1984) (empha-
sis added).
In this case some of the discussion at
Hanson's proposed employment evaluation
would include personnel data classified as
"private data on individuals." Thus, Han-
son claims, the entire evaluation meeting
should be closed to the public.
Statutory Interpretation
[41 Resolution of this case requires an
interpretation of these two allegedly con-
flicting statutes. "The object of all inter-
pretation and construction of laws is tq
ascertain and effectuate the intention of
the legislature." Minn.Stat. § 645.16
(1954). In so doing, the court has a duty to
give effect to all related statutory provi-
sions, if possible. Roinestad v. McCarthy,
§ I.
808 Minn. 372 NORTH WESTERN REPORTER, 2d SERIES
249 Minn. 396, 405, 82 N.W.2d 697, 703
(1957). However, when provisions are ir-
reconcilable, "the special provision shall
prevail and shall be construed as an excep-
tion to the general provision, unless the
general provision shall be enacted at a later
session and it shall be the manifest inten-
tion of the legislature that such general
provision shall prevail." Minn.Stat. § 645:
26, subd. 1 (1984).
151 We agree with Itasca County that
the general language of the Data Privacy
Act is not specific enough to meet the
standard set forth in the Open Meeting
Law to qualify as an exception. In reach-
ing this conclusion we note that every rec-
ognized statutory exception to the Open
Meeting Law contains explicit language
clearly indicating its purpose. See Minn.
Stat. § 471.705, subd. 1 (1984) ( "This sec-
tion shall not apply to any state agency,
board, or commission when exercising qua-
si- judicial functions involving disciplinary
proceedings "); Minn.Stat. § 471.705, subd.
la (1984) ( "Subdivision 1 does not apply to
a meeting held pursuant to the procedure
in this subdivision" [labor negotiations] );
and Minn.Stat. § 125.17, subd. 7 (1984)
( "All hearings before the school board shall
be private or may be public at the decision
of the teacher against whom such charges
have been filed ").
In contrast, section 13.43, subd. 4, merely
indicates in general terms that certain per-
sonnel data should normally be considered
private. It does not expressly provide that
meetings of public bodies subject to the
Open Meeting Law should be closed to the
public when personnel data classified as
private is discussed. Moreover, the clear
language of the Open Meeting Law com-
pels rejection of Hanson's argument that
such an exception should be implied in or-
der to reconcile the two statutes. In this
case the special provisions of the Open
Meeting Law limiting the way in which an
2. This section provides:
The powers of government shall be divided
into three distinct departments: legislative,
executive and judicial. No person or persons
belonging to or constituting one of these de-
exception may be created prevails over the
general language in the Data Privacy Ad
1!61 It is also clear that judicially created
exceptions to the Open Meeting ,Law are
generally not permitted. See Channel 14
Irte., 298 Minn. 306, 215 N.W.2d 814 (Min-
nesota Supreme Court reversed -a trial
court decision that would have created sev-,
eral such exceptions). However -
CHansoa
contends( the Minnesota Supreme Cram has
recognized exceptions to the OpenXeeting
Law not specifically expressed by the legis-
lature. He points to Minneapolis Star A
Tribune v. Housing & Redevelopment Au-
thority for Minneapolis, 310 Minn. 31$
251 N.W.2d 620 (1976) (HRA), in which the
court recognized an attorney-client privi•
lege exception to the Open Meeting Las
despite the absence of a statute expressf
authorizing the exception.
171 HRA is distinguishable from the
case at bar, however, because the exception
it recognized is compelled by the Minnesota
Constitution. The Minnesota Supreme .
Court is empowered by article 3, section I, i
of the Minnesota Constitution to replate
the practice of law.' See HRA at 918,251
N.W.2d at 623; In re Petition for_late
gration of Bar of Minnesota, 216 Mien.
195, 12 N.W.2d 515 (1943). The supreme
court has the exclusive power to inake the '
necessary rules and regulations governing
the bar, free from the dangers of encroach-
ment either by the legislative or executive
branches. In re Petition for Integratios
at 199, 12 N.W.2d at 518. Thus, the right
of the judiciary to determine the scope of
the attorney - client privilege is not subject
to legislative enactment.
Having established its authority, the
court then found the attorney-client privi-
lege operates as an exception to the Opel
Meeting Law when confidential communi-
cations are necessary in conjunction with
"threatened or pending litigation." HRA
at 323 -324, 251 N.W.2d at 625 -626. How-
partments shall exercise any of the proven
properiv belonging to either of the others ea
ceps in the instances expressly provided in
this constitution.
I
k ever, the court strict
=meat exception and
} , We cannot emphe
'i should this excel
barrier against F
r: affairs, it will not
'I, court has consatt
respect for and a
Amendment is &be,
'r- continuation of oa
government It w
?. if the balancing of
he policies dictates
confidentiality.
ld at 324, 251 N.W_
Unlike the allom
`, aeeption we are &
1olvpa an area within
t7 of the Iegisladrre, r
legislators has restr
i which an exception t
1W an be rented it
fepmtant public par
aeon found by
aUFVW by Hanson is
`.dwagh to meet the
m 11
�.0
1fmn.Stat ; 13.03,
pertinent part
s ` 7be eheai mitioo of
czl {aeon of an agency
required to do so tc
Judicial or admiciefts
to the conduct of I--
aPer=fie statute appt
the possession of tl
receiviing agency-
Id (emphasis added).
181 We agree with
dthough personnel dat:
the Data Practices Act
vate under most cireum
03, subd 4, requires L.
change to public when
weary for a public b
Open Meeting law tit
This interpretation
13.43, subd. 4, with the
and gives effect to the I
SERIES
be created prevails over the '
;e in the Data Privacy Act
i clear that judicially created
he Open Meeting Iaw are
rmated. See Channel 16t
306. 215 N.W.2d 814 (Min'
:e Court reversed a trial
hat would have created self-
ptions). However, Hanson
nnesota Supreme Court has
options to the Open Meeting
=ally expressed he the legis•
,its to Minneapolis Star g.
sing & Redetelopment Au-
nneapolis, 310 Minn. 313.
'1976) (HRA ), in which the
A an attornev- client print
to the Open Meeting law
-nee of a statute expressly
exception.
distinguishable from the
•ever, because the exception
compelled by the Minnesota
The Minnesota Supreme
ered by article 3, section 1, I;
ta Constitution to regulate,
aw.r See HRA at 318, 251' ='
In re Petition for Inie-
of , Mnnesota, 216 Minn. ,
515 (1943). The supreme
:elusive power to make the
and regulations governing -`
,Ti the dangers of encroach- '
the legislative or executive
e Petition for Integration
2d at 518. Thus, the right
to determine the scope of
ant privilege is not subject
actment.
dished its authority, the
d the attorney- client privi-
an exception to the Open
hen confidential communt-
,ssary in conjunction with
pending litigation -" HRA
N.W.2d at 62 :x-626. How-
II exercise any of the powers
gigg to either of the others c"
,stances expressly provided in
�n.
ITASCA COUNTY BD. OF COM'RS v. OLSON Minn. 809
cwa,.srztv.w.rdaw(an...App. rocs)
her, the court strictly limited the attorney -
each. The need for discussion of private
'went exception and stated in addition:
personnel data will generally arise only
We cannot emphasize too strongly that
with regard to managerial or supervisory
should this exception be applied as a
employees because their performance is of
barrier against public access to public
particular significance to the public. The
affairs, it will not be tolerated, for this
public has an, obvious and important inter-
court has consistently emphasized that
est in obtaining a full disclosure of infor-
respect for and adherence to the First
mation relevant to the job performance of
Amendment is absolutely essential to the
.its high -level public empbyees. Those who
continuation of our democratic form of
accept such positions know they become
government. It will be upheld, however,
public figures and must have lower expec-
if the balancing of these conflicting pub-
tations of privacy regarding data relevant
lic policies dictates the need for absolute
to their performance. On the other hand,
confidentiality.
the privacy of ministerial employees will
Id at 324, 251 N.W.2d at 626.
generally not be disturbed because of the
Open Meeting Law.
Unlike the attorney-client privilege, the
This interpretation also facilitates the ef-
exception we are asked to recognize in-
fective operation government avoid -
volves an area within the inherent authon-
a court order
mg the every
g need to obtain
ty of the leg iature, not the judiciary. The
time a public body seeks to evaluate a
legislature has restricted the manner in
public employee's job performance in pub -
xbich an exception to the Open Meeting
However, just as the supreme court
Laar can be created in order to further its
expressed concern in HRA about the a
ex
nnportant public We hold the
P p °�°'�s'
s a
neyclient privilege being asserted as a
exception found by the trial court and
shield against public scrutiny, so we cannot
arged by Hanson is simply not specific
emphasize too strongly that the Open
enough to meet the legislative standard-
Meeting Law should not be extended in
application to destroy the integrity of the
II
Data Practices Act as it concerns all levels
limn Stat. § 13.03, subd. 4 (1984), states
it pertinent part
The classification of data in the posses-
sion of an agency shall change if it is
required to do so to comply with either
judicial or administrative rules pertaining
to the conduct of legal actions or with a
specific statute applicable to the data in
the possession of the disseminating or
receiving agency.
Id. (emphasis added).
181 We agree with Itasca County that
although personnel data deemed private by
the Data Practices Act should remain pri-
vate under most circumstances, section 13:
03, subd. 4, requires that classification to
change W public when it is reasonably nec-
essary for a public body subject to the
Open Meeting Law to discuss the data.
This interpretation harmonizes section
13.43, subd. 4, with the Open Meeting Law
and gives effect to the primary purposes of
of public employees in their personnel mat-
ters.
III
(91 Itasca County argues that section
13.43, subd. 4, violates the first and four-
teenth amendments of the United States
Constitution and article 1, section 1, of the
Minnesota Constitution to the extent it pre-
cludes discussion of work evaluation data
concerning county employees at meetings
subject to the Open Meeting law. This
court will consider the constitutionality of a
statute only if it is absolutely necessary to
determine the merits. See, e.g., State v.
Hoyt, 304 N.W.2d 884 (Minn.1981). Be-
cause we have decided this case by statu-
tory construction, it is unnecessary for us
to reach the constitutional issues.
DECISION
Minn.Stat. § 13.43, subd. 4, of the Data
Practices Act does not create an exception
S10 Minn. 372 NORTH WESTERN
to Minn.Stat. § 471.706, the Open Meeting
Law. Minn.Stat. - 13.03, subd. 4, requires
personnel data classified by .Minn.Stat.
§ 13.4:3, solid. 4, as private to change in
classification to public when that data must
reasonably be discussed at a meeting of a
public body which is subject to the Open
'fleeting Law.
Reversed.
w
O i KEY MOMN P SYSTEM
T
MIDLAND ELECTRIC, INC.. Relator,.
V.
Alan JOHNSON, Department of
Economic Security,
Respondents.
No. C945 -534.
Court of Appeals of Minnesota.
Aug. 20, 1985.
Employer appealed from De artment
of Economic Security's diterimilation that
employee did not voluntarily Ithrminate em-
ployment. The Court of A eals, Foley, J.,
held that evidence supVrted finding em-
ployee, who did not 59turn from leave of
absence, could real ably believe that he
had been discharg�nd, thus, he was enti-
tled to unemployment compensation bene-
fits. j
1. Social Security and Public Welfare
In unemployment compensation cases,
emplover has initial burden of proving that
employee voluntarily terminated his em-
ployment and burden then shifts to employ-
ee to demonstrate that he discontinued his
employment for good cause attributable to
employer.
2d SERIES
Social Security and Public :Welfare '
For purposes of unemployment cotar'
tsation, employee's failure to return to
rk due to reasonable belief that he has
m discharged does not constitute "volun• `
y termination."
See publicatibn Words and uses
for other judicial constructiaM -a
definitions
3. Social Security and Pub *,; Welfare
x-670 ------
For purposes oyment com-
pensation, whethehas been dis-
charged or volunt question of
fact and Court of ll not disturb
factual findings if there is evidence is
record which reasonably sustains thane
findings. / _
4. Soci Security and Public Welfare
X583
Evidence that employer asked employ'
e to turn in his tools prior to employee's
two-week leave of absence, told him he
could not guarantee work when employee
returned, he walked away when employee
asked if he should call when he got back
he complained of employee's work in past
and he discovered only four days before
employee's leave of absence that employee
had failed journeyman license: test snp`
ported finding that employee, who did not
return from leave of absence, could reason-
ably believe that he had been discharged
and, thus, he was entitled to unemployment
compensation benefits. I -
Syllabus by the Court
The record supports the determination
of the commissioner of Economic Securitl
that the employee failed to return to woek
due to a good faith belief that he had been
fired.
George C. Riggs. Bloomington, for rela-
tor.
Alan Johnson, pro se.
- Pete C. Andre,
US Attys. Gen.,
>f A. conomic Secur
r Considered and
PJ., and FOLEY
oral argument wain.
OF
FOLEY, Judge.
Relator, Midland
from a determinati+
of Economic Securi
employee did not v
employment We s.
F
In September
Johnson began woi
an electrician. Joh:
nesota electrician's
tended to take the
,1983 and January
creasingly dissatisfi
s'pnd told him on se
would be discharges
Johnson was sct
week leave of able
go to Oregon. His
the leave was Janu
c.: relator learned that
"Minnesota journeyn
On January 13 n
return some tools
gon. Johnson aske,
when he got back.
that he could not
when Johnson ret,
asked if he should
relator left without
Johnson remaine
for unemployment
` -A referee awardef
that he had volunt:
Ployment for good
cent decrease in we
decrease in his wa£;
A Commissions.
versed, finding tha
By terminated hi: