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cp04-09-85 cHUTCH INSON CITY CALENDAR WEEK OF April 7 "To April 13 1985' WEDNESDAY -10- 10:00 - 11:00 A.M. MeetinE of Directors at City Hall SUNDAY MONDAY -7- -8- EASTER SUNDAY �VL *4 aion 1� )1 THURSDAY -11- t FRIDAY VACATION: GARY PLOTZ - April 8 DEAN O'BORSKY _ April 8-12 1 c TUESDAY -9- 7 :30 P.M. - City Council Meeting at City Hall SATURDAY -13- AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, APRIL 9, 1985 1. Call to Order - 7:30 P.M. 2. Invocation - Reverend Gerrit Molennar Jr. 3. Consideration of Minutes - Special Meeting of March 13, 1985 and Regular Meeting of March 26, 1985 Action - Approve as distributed - Approve as amended 4. Routine Items (a) Reports of Officers, Boards and Commissions 1. Building Official's Report - March 1985 2. Nursing Home Board Minutes dated February 28, 1985 3. Tree Board Minutes dated March 6, 1985 4. Parks and Recreation Board Minutes dated March 69 1985 Action - Order report and minutes to be filed (b) Resolution No. 8013 - Resolution for Purchase Action - Motion to reject - Motion to waive reading and adopt (c) Consideration of Request for Reduced Trash and Refuse Rate by Agnes Sitz Action - Motion to reject - Motion to approve (d) Consideration of Appointments: 1. City Tree Board - 2. Hospital Board - Dori Johnson 3. Library Board - Albert Linde and Kathy McGraw 4. Nursing Home Board - Larry Graf 5. Planning Commission - Larry Romo and Dr. Thomas Lyke 6. Police Civil Service - Dr. Robert Prochnow V 7. Police Station Building Committee - Action - Motion to ratify appointments 1 COUNCIL AGENDA APRIL 99 1985 5. Public Hearing - 8:00 P.M. (a) Improvement Project No. 85 -01 -37 Action - Motion to close hearing - Motion to reject - Motion to approve project and order preparation of plans and specifications - Motion to waive reading and adopt Resolution No. 8011 6. Communicationsp Requests and Petitions (a) Consideration of Request for Director of Engineering to Attend Minnesota Public Works Association Spring Conference May 15 -17, 1985 Action - Motion to approve - Motion to reject (b) Consideration of Request for Liquor Store Improvement of New Carpet And Refinishing Sides of Building Action - Motion to reject - Motion to approve request (c) Consideration of Request for Parade Permit for Annual Memorial Day Parade On May 27, 1985 Action - Motion to reject - Motion to approve and issue permit - Motion to waive permit fee (d) Consideration of Communication Regarding Flooding In Area Of Fifth Avenue Southwest And Grove Street South Action - 7. Resolutions and Ordinances (a) Resolution No. 8015 - Resolution Accepting x}75,000 From Hutchinson Utilities Commission Action - Motion to reject - Motion to waive reading and adopt (b) Resolution No. 8016 - Resolution Of Appreciation To Wesley Greve Action - Motion to reject - Motion to waive reading and adopt (c) Resolution No. 8017 - Resolution Accepting Pledged Security From Citizens Bank A Trust Co. Action - Motion to reject - Motion to waive reading and adopt 0 2 COUNCIL AGENDA APRIL 9, 1985 • (d) Ordinance No. 6/85 - Ordinance Amending Section 806:15 of the 1974 Ordinance Code of the City of Hutchinson, Entitled Intoxicating Liquor, Administration Action - Motion to reject - Motion to waive first reading and set second reading April 23, 1985 (e) Resolution No. 8020 - Resolution Relating to An $2759000 Commercial Development Revenue Note (Lyke And Gillard Project); Authorizing The Issuance Thereof Pursuant To Minnesota Statutes, Chapter 474 Action - Motion to reject - Motion to waive reading and adopt 8. Unfinished Business (a) Consideration of Awarding Bids for Library Furnishings Action - Motion to reject - Motion to approve and award bids 9. New Business (a) Consideration of Extending City Watermain, Storm Sewer And Sanitary Sewer to Hutchinson Public School Site Located South of Existing High School Along School Road Action - Motion to reject - Motion to approve utilities extension (b) Consideration of Advertising for Bids for Road Oils and TV Photographs of Underground Lines for Maintenance Action - Motion to reject - Motion to approve advertising for bids (c) Consideration of Authorizing Advertisement for Bids On Park Tractor Action - Motion to reject - Motion to approve and open bids April 22, 1985 at 2:00 P.M. (d) Consideration of Request to Increase Police Department Clothing Allowance Action - Motion to reject - Motion to approve increase (e) Consideration of General Fund Reimbursement Action - Motion to reject - Motion to approve reimbursement (f) Consideration of Authorizing Preparation of Proposal for Revolving Loan Fund from Excess Tax Increments of Areas 1 And 2 Downtown And Area 3 of District No. 4 Action - Motion to reject - Motion to approve 3 COUNCIL AGENDA APRIL 9, 1985 . (g) Consideration of Establishing Just Compensation of Property Owned By Mrs. Gilbert Boldt Action - Motion to reject - Motion to Establish Just Compensation In Amount of Appraisal Value And Authorize City Attorney to Make Offer to Purchase (h) Consideration of Establishing Just Compensation of Property Owned By Henry "Chris" Kadelbach Action - Motion to reject - Motion to Establish Just Compensation In Amount of Appraisal Value And Authorize City Attorney to Make Offer to Purchase (i) Consideration of Establishing Just Compensation of Property Owned By Mr. & Mrs. Eugene Schimmel Action - Motion to reject - Motion to Establish Just Compensation In Amount of Appraisal Value And Authorize City Attorney to Make Offer to Purchase - Motion to waive reading and adopt Resolution No. 8017 (j) Consideration of Utilities And Service Road for Larry Bethke's Motel Project Action - Motion to reject - Motion to approve and order engineer's report - Motion to waive reading and adopt Resolution No. 8014 (k) Consideration of Plans and Specifications And Advertisement for Bids On Project No. 85 -01 -38 Action - Motion to reject - Motion to approve plans and specifica- tions and open bids April A 1985 at 2 :00 P.M. - Motion to waive reading and adopt Resolution No. 8012 (1) Review of Municipal State Aid Street System By City Engineer Action - Motion to reject - Motion to approve and waive reading and adopt Resolution No. 8018 and No. 8019 10. Miscellaneous (a) Communications from City Administrator 11. Claims, Appropriations and Contract Payments (a) Verified Claims Action - Motion to approve and authorize payment 12. Adjournment �4 u 0 0 MINUTES SPECIAL MEETING - HUTCHINSON CITY COUNCIL WEDNESDAY, MARCH 13, 1985 The special meeting was called to order by Mayor Stearns at 5:00 P.M. in the Fire Station Conference Room. The following were present: Mayof Robert H. Stearns, Alderman Mike Carls, Alderman John Mlinar, Alderman Marlin Torgerson, and Alderman Pat Mikulecky, City Administrator Gary D. Plotz, Kathleen Ogren from the Hutchinson Leader, and Lon Roach of KDUZ. City Administrator Gary D. Plotz presented a listing of the top 10 priorities as rated by the Mayor and Council. The top 10 objectives were as follows: 1. New Police Department 2. Hold or Reduce Mill Rate 3. Sewage Treatment 4. City Charter - _ 5. Policy Handbook 6. Comprehensive Plan 7. Revolving Loan Fund 8. Self- Insurance 9. Employee Evaluation 10. Voter Precinct Boundaries Each item was discussed, including estimated timeframes for completion. How- ever, no formal action was taken. Subsequently, the City Administrator Plotz distributed the next most highly rated objectives, No. 11 -20. The City Administrator requested the Mayor and Council to rank the No. 11 -20 items within the next few days. After compiling the results, the Council and Administrator would again review the results. The meeting adjourned. 9 • MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MARCH 269 1985 1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The fol- lowing were present: Alderman Mike Carls, Alderman John Mlinar, Alder- man Marlin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also presents City Administrator Gary D. Plotz and City At- torney James H. Schaefer. 2. INVOCATION The invocation was given by the Reverend Darrel Thalmann. 3. MINUTES The minutes of the regular meeting of March 12, 1985 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT OF FEBRUARY 1985 AND PRELIMINARY 1984 FINANCIAL REPORT 2. PLANNING COMMISSION MINUTES DATED FEBRUARY 189 1985 3. LIBRARY BOARD MINUTES DATED MARCH 7, 1985 4. HOSPITAL BOARD MINUTES DATED JANUARY 14 & 299 1985; FEBRUARY 11 & 19, 1985 Mayor Stearns ordered the report and minutes to be filed. 5. PUBLIC HEARING - 8 :00 P.M. (a) CONSIDERATION OF F & T JOINT VENTURE (FRANK FAY HOTEL PROJECT) (CONTINUED HEARING FROM FEBRUARY 26, 1985) The public hearing was called to order at 8 :00 P.M. by Mayor Stearns. City Administrator Plotz explained the public hearing procedure for the three separate issues on the hotel project. It was reported that Jim Trucker had been dropped from the project. 1. HOUSING REVENUE BONDS AND HOUSING PLAN Developer Frank Fay reported that 20 percent of the lower level of the building had been rented. The present tenants will not relo- cate during rehabilitation of the upper level. Alderman Mikulecky read a letter submitted by James G. DeMeyer in which he raised numerous questions regarding the proposed project. 1 0 COUNCIL MINUTES MARCH 26, 1985 Mr. DeMeyer objected to having the HRA manage the proposed housing units. It was moved by Alderman Carla to close the hearing at 8 :22 P.H. The motion was seconded by Alderman Mlinar and unanimously carried. Alderman Carla made the motion to approve the Housing Plan and waive reading and adopt Resolution No. 8007. Alderman Torgerson seconded the motion, and it carried four to one, with Aldermen Carls, Mlinar, Torgerson, and Mayor Stearns voting aye and Alderman Mikulecky voting nay. The motion was made by Alderman Carls, seconded by Alderman Torger- son, to schedule a new public hearing April 23, 1985 at 8 :00 P.M. for the Housing Revenue Bonds and to waive reading and adopt Reso- lution No 8008. Motion carried unanimously. 2. INDUSTRIAL REVENUE BONDS Mayor Stearns opened the hearing at 8 :29 P.M. Mr. James G. DeMeyer submitted a letter in which he stated his ob- jections to the use of industrial revenue bonds for this project. Alderman Mlinar moved to close the hearing at 8 :30 P.M. Motion seconded by Alderman Torgerson and unanimously carried. It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to schedule a new public hearing April 23, 1985 at 8 :00 P.M. for In- dustrial Revenue Bonds and to waive reading and adopt Resolution No. 8009. Motion unanimously carried. 3. TAX INCREMENT FINANCING The hearing was opened at 8:31 P.M. by Mayor Stearns. Mr. James G. DeMeyer, in his letter, stated his objection to the provision of tax increment financing or the leasing of any city parking facilities for this project. The motion was made by Alderman Torgerson to close the hearing. Motion seconded by Alderman Mlinar. The motion was amended by Ald- erman Torgerson to continue the hearing to April 23, 1985 at 8 :00 P.M. The amended motion was seconded by Alderman Mlinar and car- ried unanimously. The motion unanimously carried. City Administrator Plotz reported the County Commissioners took a • neutral stand on the amendment of the tax increment financing as presented at their March 26 meeting. 2 PA COUNCIL MINUTES MARCH 26, 1985 Alderman Carls requested Frank Fay to have a complete project re- port for the April 23 public hearing. (b) CONSIDERATION OF IMPROVEMENT PROJECT N0. 85 -01 -38 The public hearing was called to order at 8:40 P.M. by Mayor Stearns. There was no one present to be heard on project No. 85- 01 -38. It was moved by Alderman Mlinar to close the hearing at 8:41 P.M. The motion was seconded by Alderman Carls and unanimously carried. Alderman Torgerson moved to approve preparation of plans and spe- cifications for project No. 85 -01 -38 and to waive reading and adopt Resolution No. 8010. Alderman Mikulecky seconded the motion, and it carried unanimously. = - 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST TO HOLD EASTER EGG HUNT IN LIBRARY PARK The request was withdrawn from the agenda. S (b) PRESENTATION BY CHUCK BARGER OF ACM REGARDING REHABILITATION OF WATER PLANT RESERVOIR AND AUTHORIZATION TO SET BID OPENING Mr. Charles Barger of RCM presented a report on the rehabilitation of the water plant reservoir and requested authorization to adver- tise for bids on the repair work. Following discussion, Alderman Torgerson moved to approve the re- pairs and authorized advertising for bids to be opened April 18, 1985 at 2 :00 P.M. The motion was seconded by Alderman Mikulecky and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 5/85 - ORDINANCE AMENDING SECTION 4.25 OF THE SUBDI- VISION ORDINANCE N0. 466 OF THE CITY OF HUTCHINSON, ENTITLED FINAL PLAT PROCEDURE After discussion, it was moved by Alderman Mlinar, seconded by Ald- erman Carls, to waive the second reading and adopt Ordinance No. 713. Motion carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF ESTABLISHING DATE FOR LOCAL BOARD OF REVIEW MEETING (DEFERRED MARCH 129 1985) 3 COUNCIL MINUTES MARCH 26, 1985 The motion was made by Alderman Carls to approve the date of June 3, 1985 at 10:00 A.M. for the local Board of Review meeting. Mo- tion seconded by Alderman Mlinar and unanimously carried. (b) CONSIDERATION OF BIDS FOR PROJECT N0. 85 -01 -25 (DEFERRED FEBRUARY 12, 1985) Following discussion, Alderman Carls moved to award the bid to Jun - cewski Masonry in the amount of $53,110 and to waive reading and adopt Resolution No. 8006. Alderman Mlinar seconded the motion, and it carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Alderman Torgerson moved to authorize discontinuation of service at noon on April 1, 1985 unless other arrangements had been made. Mo- tion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF FORMING A BUILDING COMMITTEE FOR POLICE DEPARTMENT CONSTRUCTION PROJECT 0 After discussion, Alderman Carls moved to approve the establishment of a Police Department Construction Project Committee. The motion was seconded by Alderman Mlinar and carried unanimously. (c) CONSIDERATION OF ESTABLISHING FIRST TUESDAY OF EVERY MONTH FOR SPECIAL SESSION OF CITY COUNCIL Following discussion, it was moved by Alderman Mlinar that the City Council establish the first Tuesday of every month for a special session of the City Council, when needed, starting the first Tues- day of May at 7:00 P.M. Alderman Torgerson seconded the motion, and it unanimously carried. (d) CONSIDERATION OF THREE -YEAR PLAN FOR TENNIS COURT MAINTENANCE After discussion, the motion was made by Alderman Torgerson, sec- onded by Alderman Mlinar, to approve the first year repair proposal of $3,9329 to come out of the contingency fund. The motion carried, with Alderman Carls abstaining from voting. (e) CONSIDERATION OF REQUEST FOR "NO PARKING" SIGNS BETWEEN MERRILL STREET AND HIGHWAY 15 SOUTH ON SOUTH GRADE ROAD Following discussion, Alderman Mikulecky moved to have "No Parking" on the south side of South Grade Road from Highway 15 to "No Park- ing" signs on the west and on the opposite side of the street west of the Fitness Center. Motion seconded by Alderman Torgerson. The 4 COUNCIL MINUTES MARCH 26, 1985 motion failed four to one, with Aldermen Carla, Mlinar, Torgerson and Mayor Stearns voting nay and Alderman Mikulecky voting aye. It was moved by Alderman Mlinar to paint the curb yellow adjacent to the De Meyer Realty driveway as recommended by the Police Chief. The motion was seconded by Alderman Carla and unanimously carried. (f) CONSIDERATION OF VARIANCE AS REQUESTED BY HAROLD JUUL WITH UNFAVOR- ABLE RECOMMENDATION OF PLANNING COMMISSION After discussion, the motion was made by Alderman Carls, seconded by Alderman Mlinar, to reject the variance request based upon the recommendation of the Planning Commission. Motion unanimously car- ried. (g) CONSIDERATION OF REDUCING CITY REQUIREMENTS FOR INTOXICATING LIQUOR LIABILITY INSURANCE City Administrator Plotz presented background information on the city's requirements for intoxicating liquor liability insurance. At the present time the city's requirements are higher than the State. • Following discussion, it was moved by Alderman Mikulecky to have the City Attorney draft the necessary document to amend the city's ordinance to comply with State Statutes on intoxicating liquor lia- bility insurance. Motion seconded by Alderman Torgerson and car- ried unanimously. (h) CONSIDERATION OF APPLICATIONS FOR INTOXICATING LIQUOR LICENSES: 1. T. L. SCALAWAGS 2. LEBISTRO CAFE 3. VELVET COACH 4. O'TOOLE'S PUB 5. GOLD COIN CHINESE RESTAURANT It was moved by Alderman Torgerson, seconded by Alderman Carls, to approve the applications and issue licenses. Motion unanimously carried. (i) CONSIDERATION OF APPLICATIONS FOR CLUB INTOXICATING LIQUOR LICENSES: 1. AMERICAN LEGION POST #96 2. Y.F.W. POST #906 3. HUTCHINSON ELKS LODGE #2427 • 4. CROW RIVER COUNTRY CLUB The motion was made by Alderman Mikulecky to approve the applica- 5 COUNCIL MINUTES MARCH 26, 1985 tions and issue licenses. Motion seconded by Alderman Mlinar and carried unanimously. (j) CONSIDERATION OF REPLACEMENT FOR TWO MOTOR POOL VEHICLES Following discussion, Alderman Mikulecky moved to approve the re- placement of two vehicles and to authorize advertising for bids. The motion was seconded by Alderman Mlinar and unanimously carried. (k) CONSIDERATION OF GROUP HEALTH SELF - INSURANCE FOR CITY ENTITIES City Administrator Plotz reported on the group health self- insur- ance program and that the cost would be $648 for Phase I. After discussion, the motion was made by Alderman Carls, seconded by Mlinar, to approve entering into Phase I. Motion carried unan- imously. (1) CONSIDERATION OF REQUEST FOR PURCHASE OF DATA PROCESSING EQUIPMENT AND POLICE /RECREATION MODULES Following discussion, it was moved by Alderman Carls to approve the purchases. Alderman Mikulecky seconded the motion, and it carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz reported on the March 21 meeting with the Minnesota Pollution Control Agency regarding the city's proposed wastewater treatment plant. The payment for Phase I should be re- ceived between September 1985 and January 1986. He further re- ported the State was requiring filters in the plant design; how- ever they could be deleted if federal funding was received. A meeting with the management of Hercules Corp. (Pure Culture Prod- ucts) to discuss the pre - treatment contract was scheduled for April 3, 1985. Mr. Plotz commented that CED needs aerial photos of the proposed site for the wastewater treatment plant. He would ask Markhurd to do the photography. The appraisals on the proposed site have not been received yet. The bids for the recreation facility were to be opened April 4; however, gorngiebel Architects had requested a date change to April 16 at 2 :00 P.M. It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to approve the bid opening date of April 16 at 2 :00 P.M. for the recreation facility. Motion carried unanimously. u COUNCIL MINUTES MARCH 26, 1985 City Administrator Plotz commented on several other items contained in the Council packet. He stated that Senator John Hernhagen Was working on the problem with the tax increment line on the tax statement. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson asked if the one -way alleys could be changed. He had received a phone call from a businessman who has a parking lot on the end, and the customers are ignoring the one -way sign. (e) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKYY Alderman Mikulecky inquired when RCM would complete Phase I_of the wastewater treatment plant project. He was informed that CED was not waiting on ACM and that everything necessary had been com- pleted. The plan had been submitted but not accepted to date. Alderman Mikulecky reported he had received calls from residents regarding streets dug up for water or sewer line repair and not restored to their original condition. It was suggested that per- haps the city needed a policy that if underground work was done, the street would be restored to its original condition. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mikulecky, seconded by Alderman Torgerson, to approve the claims and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9 :30 P.M. 7 i E 0 8 W u G 0 n z F z z z 7 z W O u rtbOlB2• ow No. f ol4m: AWIVOI [moms December INN I ORY C-404 period I" which permits issYM RANCH 1011 ►LEASE MAIL ON OR BEPORE THE 4TH OAT OP THE MONTH W.I. atoamvr or ca aYAaaY of 1 Ma CeFfts Rua *WNW Sty were in term in aa/rea REPORT OF BUILDING OR ZONING PERMITS ISSUED AND LOCAL PUBLIC CONSTRUCTION 0103500 41 9 9999 095 E 11 2 E 0 2730 CENSUS USE ONLY ROPIER PITTMAN OLDS OFF CITY HALL 37 VASNINiTON AVE VEST HUTCHINSON NO SS350 Nos the eographic cev- a a of this poroll �ged systaa duties OW porlail jsj No U Yes — Explain in comments 11 ee pertolts Men logged during this Bereso of 1201 Eas lease read theinstructions bej'ore For help. p@tied, eater fl0 is box and rotuT fOn" ❑ COPY TIOS ompleting (ors. "or lefform"2 oil collect 301) 763 -7244. Section I — NEW RESIDENTIAL HOUSE- '" PRIVATELY 9WL47132 PV9LICLY OWNER Name. Nu mber valrgrN KEEPING BUILDINGS AND N0' fb Hgesrlts MOBILE HOMES t lel trl III One- family houses, detached 101 1 Fl 154.230 Org4amily houses attached, each unit separated from adjoining unit(s) by a wall that extends from ground to roof 102 Two - family buildings 103 Three- and four - family buildings 104 Five -or -more family buildings 105 TOTAL (Sum of 101 -105) 109 1 1 $54,230 Mobile homes 112 2 2 - - - - - -- Section II — NEW RESIDENTIAL NON. PRIVATELY OWNED PUBLICLY OWNED Number valurfonof Number Vruation of HOUSEKEEPING p BUILDINGS Wins Rooms construction fond, cow Build) Reams construction const ,attire) lo) (b) (c) (el (a UI 11 Hotels, motels, and tourist cabins intended for transient accommodations 213 Other nonhousekeeping shelter 214 Section III —NEW NONRESIDENTIAL PRIVATELY onto PUBLICLY OWNED NYmbe Va4m at Numbr Vr"'I a BUILDINGS ieNbm Wings gnlb� Beltl gr�itb (Oimn perb/ construction n ov i (a) (b) (c) p) lal 10 11 Amusement and recreational buildings 310 Churches and other religious buildings 9 Industrial buildings 3 Parking garages (open to general public) 32) Service stations and repair &states 322 1 Hos trail and oer th institutional buildings Hice, Sank, and rofessional buildin s 321 Public works and utilities buildings 325 Schools and other educational buildings 326 Stores and other mercantile buildings 327 Other nonresidential bulldin s 328 Structures other than buildings Sectiee IV — ADDITIONS AND ALTERATIONS I 5 c An increase In the number of housing Y = units (in the housing units column, c N enter only the number of additional a c units) 433 c � £ No change in the number of -- a housing units 434 - c A decrease In the number of housing n units (in the housing units column, enter only the number of decreased e units) 433 Residential garages and carports''• "• (attached and detached) 436 1 $9,600 All other buildings and structures 437 1 S. •• SS88.429 - J-Jlgn YCI'i1LS nawaf 4v "Wf ON REVERM NOE �► 24 Permits - 5714,558 Total Valuation Y Bootie. V - CONVERSIONS Mllvarg►r owtio • o LV an" mwmw vawetltn of Mrar Vat"i" of Ilya Nee ft"irlg Neeelel ewrYectle. dertelwell" evildiatis rwu (DWI 000% ealb (*We allow w tit la tit lal m t Nonresidential and nonhousekeaping buildings to housekeeping buildings 510 Housekeeping buildings to nonresidential and nonhousekraping buildings S/l BeetA' vl - DEMOLITIONS AND RAZING OF BUILDINGS _ One-family y buildings attached a detac and detacfied 615 � , f Two-family buildings 616 Three - and lour-family buildings 647 Five -or-mare family buildings 616 +'l_,•�!A ( - -�� All other buildings and structures 619 SeeMe' VII - ADDITIONAL INFORMATION FOR INDIVIDUAL PERMITS OF $500,000 OR MORE Please provide in the space below. additional Information for each individual permit valued at 11500.000 or more entered in sections 1 through V. era No S Description of Ownership rra (X) Valuation M construction Number N housing tabr of I -V owner a Wider rM (orrdt arena/ Wits buildings (a) lei kl td1 at m (g) ----------------- - --- -- Privets -------------- Sik edWess _____________________ _ ❑PUblk _ f Kind of building ----------------------- C1 PrMM. --- — --------------- SIkNOrest _______________________ ❑Public Kind of Ing - ---------------- - - - - -- C] Private -------------------- frMadOreat _______________________ (]Public Kind of building _______________________ ❑Privet ------------------- SiMaddnu _______________________ C3 Public _ Kind of building __ __ ___ ________________ c3RWsto -------------------- Siteaddreas ________ _______________ c3psblie KIM of Wilding ----------------------- ❑Privab _ ____________________ Si4 addroa _______________________ ❑psblic Kind of Wilding ------------------------ oprivW ____________________ flit address __________________ _____ ❑Pubblt KIM of Wilding ___ __ __________________ ❑Private l ste adareu ------ ----- ------ - - - - -- OPHNJC Kind of budding ----------------------- C) Private __...__________-___- to 33 ------------------------ 0Public Creaents Kane of Peron to contact regrding this report Telephone Romer Pittsign area code N sebsr Eatenuan TRIG Building Official 612 587- E Lj 4 BURNS MANOR MUNICIPAL NURSING HOME Minutes - February The Board of Directors for Burns Manor Municipal Nursing Home imet Thursday, February 28, 1985 at Burns Manor, 4:30 p.m., President Leslie Linder presiding. All members present except Eldred Miller and Keith Duehn. Dwight Tange, Insurance, and Jim Schaefer, City Attorney were guests. There was a general discussion of the law suit which was filed in District Court on behalf of Thomas and Beverly Hinde. MINUTES OF PAST MEETING A motion was made by Esther Kuehl and seconded by Larry Graf to approve the minutes. All were in favor. Motion carried. ACCOUNTS PAYABLE A motion was made by Larry Graf and seconded by Gloria Dansereau to approve for payment the attached listing of accounts payable and -cash disbursements in the amount of $46,868.84. All were in favor. Motion carried. In addition to the accounts payable, a motion was made by Mike Carls and seconded by Esther Kuehl to authorize payment of $200.00 to M.K. Association. All were in favor. Motion carried. FINANCIAL REPORT The financial report was given by David Jensen. The Budget for 1985 was also presented. OLD BUSINESS A. Burns Manor Sign. It has been requested that a larger Burns Manor sign be erected near Highway 15. Krasen's Plumbing & Heating have not given permission for a sign on their property. Other avenues of erecting a Burns Manor sign shall be pursued. B. Respite Care. The ad for Respite Care was not submitted due to admission of patients. C. Sharing Services. Laundry service with the hospital will begin March 4, 1985. The hospital is supplying the linen. Cost will be .42C or .43C per pound. D. Employee Health Insurance. Employee Health Insurance was again discussed. NEW BUSINESS A. Law Suit. The Administrator received a Summons on Friday, • February 22, 1985, at 6:00 p.m. The Summons was filed in District Court on behalf of Thomas and Beverly Hinde, Hutchinson. February Minutes Page 2 B. Audit. Charles Bailly Auditing firm performed the annual audit, February 11, 1985. C. Equal Rates Law. Larry Graf and Gloria Dansereau reported on the meeting, February 21, 1985 with Maria Gomez. Ancher Nelsen participated in this meeting. Discussion Followed. Ancher Nelsen will be reimbursed for telephone calls that he made pertaining to the Equal Rate Law. The Administrator has written requesting an extension for reporting the amounts owed. D. Preadmission Screening. Preadmission screening for patients entering a nursing home was discussed. INFORMATION FROM THE ADMINISTRATOR & STAFF: A list of the commodity foods that are available was discussed and the dollar savings that commodity food represent. FROM QUESTIONS ASKED OF, AND BY, BOARD MEMBERS: The feasability of reserving one wing for orientated residents has been discussed numerous times. A six month study will be conducted. It will be reviewed by the Utilization Review Committee and the Professional Care Committee. Master Copies were given to the board members for on going review and discussion. GOALS & OBJECTIONS: On going. RESIDENT SATISFACTION SURVEYS: Not available since surveys weren't due from residents in February. No resident qualified for the 90 days. There being no:- further business, a motion was made by Esther Kuehl and seconded by Larry Graf to adjourn the meeting. All were in favored. Motion carried. The Burns Manor Board of Directors will meet Thursday March 28, 1985 at 4:30 p.m., in the Annex Sun Porch at Bursn Manor Municipal Nursing Home. Res tfully su itte i Mavi J. Geier, cretary ATTEST: TPS])P R. Linder, PTPSidPnt- MINUTES Trea Board March 6, 1985 Members Present: Roy Johnsen, Don Schumacher and Mark Schnobrich. Members Absent: Jerry Brown, Ivan Larson and Pat Mikulecky. Due to lack of quorum, no discussion items were voted upon. The following items were discussed. Tree Inventory The boulevard tree inventory crew was tallying trees in February and marking them with aluminum tags for a semi- permanent numbering system. The LOGIS computer system will be functioning with the 1981 Tree inventory tally and all current up dates by the end of March. Arbor Day The Hutchinson Chamber of Commerce requested participation in the spring clean up day. They -are allowing Forestry to incorporate the TREE CITY USA presentation along with their clean up day's ceremonies in Library Square. May 4th will be Arbor Day and the Chamber of Commerce's Spring clean up. Stump Contractor Bids will be advertised for in March. Schnobrich had some concern with liability insurance demands, but after short discussion the specifications were left the same. 0 Firewood Sales An earlier starting date then August will be planned for firewood sales in 1985. With $850 being made in 1984. -an equal amount is expected in 1985. Fall Planting Schnobrich suggested a fall planting, using dollars from the spring sales, to help increase the 1985 tree number. Last year. planting exceeded loss from Dutch elm disease with over 200 trees being planted while the elm loss was keep at below 200 in 1983. In 1985 171 trees will be planted while 354 trees were lost in 1984. After discussion, it was suggested that all efforts be made to have trees planted to surpass trees lost in the spring following the 1984 season. Tree City USA The City of Hutchinson has again been awarded the Tree City USA Awards and flags will be given by the governor this spring. Other Business Both the Parks 6 Recreation Board and the Tree Board were asked to sumbit agenda items to the Parks b Recreation Department for placement on each month's agenda. Adjournment The meeting was adjourned at 5:45 p.m. Respectfully submitted. Mark C. Schnobrich �Q�3� MINUTES Park i Recreation Board March 6, 1985 Members Present: Roy Johnsen, Roger Haggenmiller, Lyle Block and Ward Haugen. Also present were John McRaith, Mark Schnobrich and !Caren McKay. Minutes The minutes dated January 30, 1985 were approved by a motion made by Roy Johnsen and seconded by Roger Haggenmiller, the board unanimously agreed. Facility Update The City Council approved the specifications and it is expected that bids will be let next week, with the opening of bids on April 8th. The board then discussed what the building could be rated according to the fire codes. The City Council waived taking immediate action on the status of the parking lot. It would cost $200,000 for hard surfacing the Recreational Facility and the Civic Arena lot. The bids will be let for two sizes of buildings, the smaller one could save as much as $30,000 on the cost of building. The bid will also include the wading pool since it can always be deleted. Lyle Block, Don Hoffman and John McRaith went to look at flooring in a gymnasium and park shelter. The Indoor Flex by Mondo in the gymnasium would serve more purposes than the Tuflex seen in the park shelter. The board looked at the different colors that the Indoor Flex was available in, no color was decided upon. Football Season /Hockey Camp Dates The Youth Hockey Association has contacted John about the dates of the hockey camp. The youth football season will then begin Monday, August 26th and finish October 15th. 1984 Accomplishments & 1985 Goals A copy of the 1984 Accomplishments b 1985 Goals was passed out to the board members. It contains an outline of the special projects and the goals for 1985. The board members will look through it and bring any questions or comments to the April Park & Recreation Board meeting. The Mayor and City Council commented on the dandelion and weed control programs at a meeting with the Directors. Ice Rink Activity Report Park personnel have been checking on the amount of use at the ice rinks that are maintained on a regular basis. The Elementary School rink, North Jaycee Park rink, the Connecticut Park rink and the outdoor rink at the Civic Arena have been used quite frequently while the rinks at Tartan Park, V.F.W. Park and at the St. Anastasia School haven't been used much. This information will be kept in mind for next winter. There is still an interest in making Tartan Park a baseball park with the con - ssion stand already there and plenty of parking available. LeMan's Center Fund Raising Project The LeMan's Fun Center has approached John about using their facility as a fund raising project. In the past candles and candy bars have been sold. John told the board that it has been the policy of the Park & Recreation Department to let the oranizations in town run their fund raising projects without the Park and Recreation Department competing with them for sales. The board agreed that the brochure should be sent to the organizations for their consideration. 4 -Q. (�) Minutes Park 6 Recreation Board March 6, 1985 Page two Dedication of Parks Procedure The Chamber of Commerce has expressed an interest in having the park along the river near Tartan Park named after them. The board felt that a procedure should be prepared for the dedication of parks. John will put some suggestions together for the April meeting. Suggestions for the Agenda John told the board that it would be both helpful and beneficial for the board members to suggest items to be put on the agenda either at the meeting or phoned into the Park & Recreation Department office prior to a meeting. Tree Inventory Mark Schnobrich told the board members that he is now working with LOGIS on a tree inventory program. He can input information such as when pruning took place on boulevard or park trees. It cost $500 to get into the program and it will be beneficial in the future to determine when trees need to be pruned in an area. Miscellaneous Ward Haugen asked about the Park S Recreation Board participating in the hiring of the Director of Park 6 Recreation and what criteria will be required. John will check on this matter for the April meeting. John told the board that the Fastpitch Softball Association has decided not to run a tournament on Water Carnival weekend this year, and that Robert's Park would be available. Adjournment The meeting was adjourned by a motion made by Ward Haugen and seconded by Roger Haggenmiller at 6:50 p.m. The board agreed unanimously. klm 0 • RESOLUTION N0. 8013 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE The Hutchinson City Council authorizes the purchase of the following: Grac Cone Air Tanl Ask The following items were authorized due to an emergency need: ITEM COST PURPOSE I DEPT. BUDGET VENDOR er Tires 009.80 Replacement Street Yes Brandon Tire truction Materials 1046.00 Office at Water Plant Water Money U.B.C. Availabl Paks with Spare 4582.98 Additional Self- Contained Fire Yes, Mid - Central Fire, s 5 Holders Breathing Apparatus with 50% Inc. from rural ITEM COST PURPOSE DEPT. BUDGET VENDOR Date Approved: April 9, 1985 * Motion made by: Seconded by: Resolution submitted for Council action by: March 26, 1985 HUTCHINSON FIRE DEPARTMENT 0 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 Chh1: Orlin "Butch" Henke To: City Council X r From: Brad flans Fire Department Dear Sirs; The Hutchinson Fire Department is requesting the City of Hutchinson to purchase with the Townships - Four Scott Air -Pak 2.2's with cylinders.. Four spare.bottles, Two holders, and Two covers. The amount of this request is $4,582.98 with 50% of the cost or $2,291.49 being paid by rural account, which has already a been approved. This request is a budgeted item for 1985 and will put the Fire Department with -in One Air -Pak of our goal of one Air -Pak for every two firefighter's. Thank you for your consideration of this matter. Sincerely; Brad T. Emans Asst. Chief Hutchinson Fire Department • 114-, EFFECTIVE SEPTEmm 12, M AFFIDAVIT I G-nyw- 16 A.t AM OVER 65 YEARS OF AGE, OR I AM ON DISABILITY AS DEFINED BY THE SOCIAL SECURITY ADMINISTRATION, AND MY INCH PER YEAR IS LESS THAN: FAMILY SIZE 2 $8,500 THE STANDARD CHARGE OF $6,90 FOR TRASH AND REFUSE SERVICE WOULD IMPOSE A FINANCIAL HARDSHIP ON NE AND I ASK REDUCTION OF THE CHARGE TO $1,50. 06 STREET ADDRESS E 7. z v y � To: WATER DEPARTMENT DATE DATA CHANGE AccouNT NLMER To: CITY COUNCIL DATE COUNCIL ACTION: APPROVED DISAPPROVED 0 # — �� d — Published in the Hutchinson Leader on Tuesday, March 19th, 19859 and on Tuesday, March 26th, 1985. NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 85 -01 -37 PUBLICATION N0. 3393 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the City Hall at 8 :00 P.M. on the 9tb day of April, 19859 to consider the making of an improvement of the -Area North of Fifth Avenue N.W. West of Main Street by the construction of Storm Sewer Service and Appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area proposed to be assessed for such improvement is the benefited property. The estimated Cost of such improvement is *13092.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. i City Cle 0 Dated: March 13th, 1985 PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS PROJECT N0. 85 -01 -37 Resolution No. 8011 WHEREAS, a resolution of the City Council adopted the 12th day of March, 1985, fixed a date for a council hearing on the proposed improvement of the Area North of Fifth Avenue N.W., West of Main Street by the construction of Storm Sewer Service and Appurtenances, AND WHEREAS, ten days' published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 9th day of April, 1985, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted the 12th day of March, 1985. 2. Marlow V. Priebe is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the council this 9th day of April, 1985. Clerk Mayor 0 J-- a" TO WHOM IT MAY CONCERN: We object to the proposed assessment of $1,255 against our property located at 45 Fifth Avenue N.W., Hutchinson, Minnesota on the grounds that the proposed improvement will not benefit the property and will not correct existing problems. Dated: April 9, 1985�1C -t., i6, Arthur Saar, Sr. ft U .(.c�liEilC/ " 0C/V Delores Saar 45 Fifth Avenue N.W. Hutchinson, Mn. 55350 (612)587 -5151 HVTCH' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 4, 1985 T0: Mayor and City Council FROM: Director of Engineering RE: Minnesota Public Works Association Spring Conference Last fall I was elected to the Board of Directors and assumed the duties of Treasurer for 1985 and 1986. I request permission to attend the Spring Conference and Business Meeting. Said meeting is May 15 -17 at Grand View Lodge in Brainerd. The registration fee for the conference is $50.00. MVP /pv cc: Ken Merrill E Marlow V. Priebe Director of Engineering W o mdezdom gmtezim, Vmc. 119 MAIN ST. SOUTH - HUTCHINSON, MINNESOTA 55350 - (612) 587 -6440 March 29,1985 Hutchinson Municipal Liquor Store Hutchinson, Minnesota 55350 Attention ; Chuck Nelson Gentlemen; Per your request we submit the following estimate to supply and install carpet in the Liquor store. Armstrong "Commendation" 100% Antron III Soil hiding nylon with built in static control. 28 oz face weight. 101 1/3 yards needed @ 11.62 sq. = $1,177.45 /55b,11 Option Royal Scot "Invader" 100% Camalon SD Continuous filament nylon. 1 /10 gauge. 24 oz face weight. Static controlled. 101 1/3 yards needed @ 10.64 sq.= $1,078.15 /4hL, 91 Labor to install either one of the above, including removal of old carpet. $378.66 Terms are net. No labor is included for moving of fixtures or any hidden repairs necessary. We are not submitting any bids for olefin type carpets, even though the costs would be lower. We do not feel olefin carpet will stand up to the high traffic requirements of the liquor store. Olefin does not have the matting resistance or cleanability of the premium grade nylon carpets we are suggesting. We sincerely hope that this estimate meets with your approval. ANDERSON INTPIORS,INC. Don Schumacher City REID FLOOR COVERING A 116 N. Main HUTCHINSON, MINNESOTA Telephone 587 -6781 Date State , kw QCf +4 % r,n'tr A 1.3% per month Service Charge will be charged when the account Is 30 days past due. r, I q i tiry o #�%17111riIII` r u� Fl /.lII!P,44r KALE'S Hwy. 7 East Sales and Service 100 N. Sibley Hutchinson, MN Litchfield, MN 587 -4622 693 -721,4 Flexsteel- La -Z -Boy Schweiger - Stylecraft Maytag - General Electric Frigidaire - KitchenAid Zenith CHARGE (� f TO -t ��. f�: • ti,, :__� — Phone ST. or R . DAT �!19 CITY �f.�- �^ �t�_ SALESMAN Delivery Instructions: U1 -D . 30 Da AMOUNT I C.O.D. Take Deliver jfickLULp Q Article - Model - Serial - Maker Amount AL -249 yo � Op � y o �v v J �_ - c -�•��. y Q- a p, TOTAL SALE A 1.3% per month Service Charge will be charged when the account Is 30 days past due. r, I q i tiry o #�%17111riIII` r u� Fl /.lII!P,44r KALE'S Hwy. 7 East Sales and Service 100 N. Sibley Hutchinson, MN Litchfield, MN 587 -4622 693 -721,4 Flexsteel- La -Z -Boy Schweiger - Stylecraft Maytag - General Electric Frigidaire - KitchenAid Zenith CHARGE (� f TO -t ��. f�: • ti,, :__� — Phone ST. or R . DAT �!19 CITY �f.�- �^ �t�_ SALESMAN Delivery Instructions: U1 -D . 30 Da -Char22 I Cash Contract I C.O.D. Take Deliver jfickLULp Q Article - Model - Serial - Maker Amount AL -249 yo � y o �v v J �_ - c -�•��. y Q- a p, TOTAL SALE J J SALES TAX DELIVERY TOTAL CASH PRIC I.. J Down Payment IN CASH 11/2% after 30 days - 18% Annually BALANCE PAID SIGNATURE r�.•�.���n A 1 l"r1V1'Ua7IyL Proposal No. WALDO'S FLOOR SERVICE WALDO HAAG Sheet No. 420 SCHOOL RD., NORTH HUTCHINSON,MK W350 Data 3— Z'- bS (612) 507-M Proposal Submitted To Work To Be Performed At i Name '� �+�• ` i fg u Street Street Al • ' City State City M- Date of Plans State Architect Telephone Number We hereby propose to furnish the materials and perform the labor necessa for the completion of •f.^/ 17-a i. �4, • U ,� 1 `I (0 • is All material Is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the Stan of Dollars l$ with payments to be made as follows: .1 �S Any alteration or deviation from above wecifications involving Respectfully submitted � wars costs, will be executed only upon written orders, and � ex will become an extra charge over and above the estimate. All agreements contingent upon strikes, amidents or delays beyond Per our control. Owner to carry fire, tornado and other necessary Insurance upon above work. Workmen's Compensation and Note — This proposal may be withdrawn Public Liability Insurance on above work to be taken out by by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date Signature TOPS FORM NO. 3750 LITHO IN U.S.A.® 9 I] AMERICAN LEGION HUTCH INSON POST NO. 96 Hutchinson, Minnesota 55350 0 March 29, 1985 Dear Bob: The American Legion is again this year conducting the Memorial Day Service and Parade. I would like to take this opportunity to extend an invitation to the Mayor of Hutchinson to participate in the parade and services at the American Legion Park. The parade to form at Citizens Bank on Main Street at 9:30 a.m. Starting time will be at 10:15 a.m. Memorial service at 10:45 a.m. on May 27, 1985. I will also need a Parade Permit for this ocassion with the approval of the City of Hutchinson. fb * v� APf' 1985 REWVW Thank you in advance for your co- operation in the Memorial Day Service. Sinc ely, Commander Post 96 1. AMERICAN LEGION HUTCHINSON POST NO, 96 i� Memorial Day Parade May 27, 1985 Parade to form at Citizens Bank on Main Street at 9:30 a.m. starting time will be at 10:15 a.m. The line of march as follows: 1. Policb 2. Hutchinson Rifle Memorial Squad 3. American Legion 4. Auxiliary Unit 96 5. Veteran of Foreign Wars 6. Auxiliary Unit 906 7. Mayor 8. Hutchinson High School Band 9. National Guard 10. D.A.V. 11. S.A.L. 12. Elks 13. Other Local Club Groups & Fraternal Organizations 14. Drill Team 15. Boy Scouts 16. Girl Scouts 17. School Children 18. Gold Star Mothers 19. Fire Department Commanders, Presidents, Group Leaders are leaders of each unit. 0 0 LJ (O —e 0 * �� M>*IR 1985 March 18, 1985 Dear Mr. Plotz: i an writing in reg*rds to an issue I discussed today with Cal Rice concerning flooding of our yard and three neighbors' yards. This flooding has been a great problem since the city put curb and gutter in on (trove Street about 10 years ago. Since the installa- tiora of the curb raised the boulevard, there was no longer a natural drainage outlet open - -thus, yearly flooding has rosudted. the entire half of the block slopes toward the ditch between our yards here, and used to drain off onto the street and into the storm sewer. This problem has been brought to the attention of Mr. Priebe for several years, now, by many concerned land owners in this area. An opportune time to alleviate the situation was discussed with Mr. Priebe last sumuer and would have saved sole money if it had been handl*4 properly at that time, when the old curb was knocked out and replaced the same way as before. It is therefore our opinion that the city is responslobl*'_14c t,+ bring about a remedy to this situation as proper foresight was not taken into consideration when the land at the "outlet" was raised, thereby causing flooding problems which, as a result has destroyed our lawns and gardens! Cal took pictures of the area today and is expecting you to contact . him about this matter soon! �/ Sincere y yours, flood victims of 5th Ave. SW & Grove St, S. T1 l W U�i Tl c' ` i vs t � f " l 0.r` _ Al 0. r I� 44Aff ens G;t�eksc,h`S ' � c L 1 ► * ' 104�r op N Wtc Cray 0. m "1..si S A VlAq(:f- -fl, �'L tAhOL@ rhif ct� Kathy Gilhousen 330 5th Ave. S.W. Hutchinson, MN 55350 March 29, 1985 RE. Flooding in Area of Fifth Avenue S.W. / And Grove Street South Dear Mr. Plotzl v First of all, we want to thank you for your prompt attention to bring about s. remedy to our flooding problem. In your letter you provided us with a 'ball Park' cost estimate of catch basin "Al or 'B', but it is not clear to us if it is the City of Hutchinson who plans to take the responsibility of paying for the project, or if it is being implied that it is the landowners problem, thereby expecting us to pay for it? As was stated in our letter of March 18th, it is our unanimous opinion that the City is therefore obligated to pay for the catch basin as the problem that ixists today is a direct result of insufficient foresight when the Grove Street South curbing project first Wegan. We want our position stated clearly before the City Council and all others concerned so there will be no misunderstandings or assumptions. Thank you, Kathy Gilhou en Spokesperson P.S. I inadvertently named the renters, Kark and Peggy Luepke, instead of the owners, Mr. and Mrs. Elmer Wendorff, of the house on the corner of 5th Avenue S.W. and Grove Street South. Speaking to Elmer over the phone, I find him to be in full agreement with all that has been stated and he would also be willing to sign a paper stating just that. He would therefore like to be included in any, further communication from your office on this matter. Thanks again: 0 !� (612) 587 -5151 % C/TY OF HUMHU!", SON � 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 . March 25, 1985 RE: Flooding In Area of Fifth Avenue S.W. And Grove Street South Dear Property Owners: The City has received your letter of March 18, 1985, including the map show- ing the "flood territory." I have talked with Cal Rice, Assistant City Engineer, and I have seen the city's photograph of the problem. Cal Rice has also taken elevations of the land in the area. There is no storm sewer feeder lines in the immediate area. The ballpark • cost estimate to provide lines and catch basin to Area "A" is $200; and a line and catch basin to Area "B" an additional $1,400. I will have this item on the agenda of the April 9 City Council meeting for "communication" purposes. However, the Council will'probably refer it to the City Engineer for a specific report and recommendation. Sincerely, CITY OF HUTCHINSON 46�� M-0, Gary D. Plotz City Administrator GDP:ms Encl. cc: Marlow V. Priebe, City Eng. Cal Rice, Asst. City Eng. Mayor & City Council 0 0 u RESOLUTION NO. 8015 RESOLUTION ACCEPTING $75,000 FROM THE HUTCHINSON UTILITIES COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: THAT a $75,000.00 transfer from the Hutchinson Utilities Commission to the City of Hutchinson's General Fund is hereby accepted. Adopted by the City Council this 9th day of April, 1985. ATTEST: Gary D. Plotz City Clerk Robert H. Stearns Mayor 7 -0-t HUTCHINSON FIRE DEPARTMENT M E M O R A N D U M 205 Third Avenue South East HUTCHINSON, MINNESOTA 55350 DATE: March 30, 1985 TO: Mayor & City Council FROM Orlin H Henke, Fire Chief SUBJECT: Special Recognition Request Mayor and Council to give special recognition to firefighter Wesley Greve who has retired. iWes has given a large amount of time to make Hutchinson a safer place to live, shop and work. Wesley Greves dates of service were: January 8, 1973 thru August 6, 1984 U N 9 OU of'Appre. TO Ott UNER£4l$, Maley Creve ham served the City mrll no a firefighter for the 3utchimm Fire Department for the past Pleura (11) gears and eight (8) months; 'JI'H£ii£A5. said Memleg o3reve ham merged faithfullg and diligentlg giving of his timr and talents tomard the ■afetg and rnrichment of the Citg. NOM MM£if£3'O£x. it 3E ££Sdtyn liar Ci3£ C3mv OY RUTC?R3NsON, THAL", deep appreciation is hereby expresard to Mraleg l5reve for his afore- mentioned mrrvirra and the gratitude of Hutchinson and the citisena thereof is hrrehg exprrmmed. "resented hu the Citg of nutchinson this 5t4 dug of April, IR05. Mary ?i. "lots City Clerk er H. !3trarnm Magor 7-jr- 9 RESOLUTION NO. 8017 RESOLUTION ACCEPTING PLEDGED SECURITY FROM CITIZENS BANK & TRUST CO. WHEREAS, the Citizens Bank & Trust Co. of Hutchinson, Minnesota, a duly designated depository of the City, has pledged the following security: PLEDGE DESCRIPTION RATE MATURITY AMOUNT 0813 Minnetonka, MN G.O. 8.50 05 -01 -89 $ 50,000.00 0813 Anchorage, Alaska 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. S/D 51 -4 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. 152 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 Lakeville, MN I.S.D. 194 5.20 03 -01 -90 50,000.00 0813 Glencoe, MN Lt. & Pwr. 5.00 05 -01 -90 50,000.00 0813 N. Slope Boro, AK G.O. 9.30 06 -30 -90 50,000.00 0813 Rapid City, S.D. S/D 54 -54 9.50 09 -15 -91 50,000.00 0813 Iowa Great Lakes San Dist. 10.75 06 -01 -92 50,000.00 0813 New Hope, MN G.O. 9.75 02 -01 -96 100,000.00 $1,000,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Treasurer is hereby authorized to accept said pledged security being held at First National Bank of Minneapolis, Minnesota. Adopted by the City Council this 9th day of April, 1985. 0 ATTEST: Gary D. Plotz, City Clerk Robert H. Stearns, Mayor 7 -c, 0 ORDINANCE 6/85 ORDINANCE AMENDING SECTION 806:15 OF THE 1974 ORDINANCE CODE OF THE CITY OF HUTCHINSON, ENTITLED INTOXICATING LIQUOR, ADMINISTRATION THE CITY OF HUTCHINSON DOES ORDAIN: SECTION 1. Section 805:15 of the 1974 Ordinance Code of the City of Hutchinson, entitled Application for License, is hereby amended to read as follows; Section 806:15. Application for License. Subd. 2. Such application shall be accompanied by a surety bond or cash or certified check in lieu of such bond, in the sum of not less than $3,000.00, and by a liability insurance policy to insure against damages under the Civil Damage Act, or any other act or law, said policy limits to be not less than 000TO89 $50,000 per injured person, and $ 09TOGG $100,000 per accident or occurence. SECTION 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a penal offense and upon conviction shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not to exceed ninety (90) days, or both. SECTION 3. Effective Date. This Ordinance shall take effect upon its passage and publication. Adopted by the City Council this 9th day of April, 1985. ATTEST: Gary D. Plotz City Clerk Robert H. Stearns Mayor V-6tf CERTIFICATION OF MINUTES RELATING TO COMMERCIAL DEVELOPMENT REVENUE NOTE Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on April 9, 1985, at 7:30 o'clock P.M., at the City Hall. Members Present: Members Absent: Documents attached: Minutes of said meeting (pages): 1 through 20 RESOLUTION NO. 8020 RESOLUTION RELATING TO AN $275,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (LYKE AND GILLARD PROJECT); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA . STATUTES, CHAPTER 474 I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given by law. WITNESS my hand officially as such recording officer this 9th day of April , 1985. Signature . Gary D. Plotz, City Administrator Name and Title 7 -J6 Member introduced the following i resolution and moved its adoption: RESOLUTION NO. 8020 RESOLUTION RELATING TO AN $275,000 COMMERCIAL DEVELOPMENT REVENUE NOTE (LYKE AND GILLARD PROJECT); AUTHORIZING THE ISSUANCE THEREOF PURSUANT TO MINNESOTA STATUTES, CHAPTER 474 BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota as follows: Section 1. Definitions 1.01. In this Resolution the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof or use herein clearly requires otherwise: Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended; Assignment: the Assignment of Rents and Leases, to be given by the Partnership in favor of the Lender; Building: the approximately 5,900 square foot professional office building and other improvements, including the Fixtures, to be constructed on the Land by the Partnership in accordance with the Plans and Specifications; City: the City of Hutchinson, Minnesota, its successors and assigns; Construction Loan Agreement: the Construction Loan Agreement among the City, Partnership and Lender; Fixtures: those items defined as Fixtures in Section 1 -1 of the Mortgage; Guaranty: the Guaranty Agreement to be given by Dr. Thomas Lyke and Dr. John Gillard, residents of the State of Minnesota, in favor of the Lender; • Land: the real estate located on the east side of Echo Drive South of Oakland in the City. The legal description is Lot 1, Block 1, Olson's Addition, City of Hutchinson, Minnesota. Lender: Citizens Bank & Trust Co., Hutchinson, Minn., a Minnesota state bank, its successors and assigns; Loan Agreement: the Loan Agreement to be executed by the City and the Partnership; Mortgage: the Combination Mortgage and Security Agreement and Fixture Financing Statement to be given by the Partnership, as mortgagor in favor of the Lender, as mortgagee; Note: the $275,000 Commercial Development Revenue Note (Lyke and Gillard Project) to be issued by the City pursuant to this Resolution; Partnership: Lyke and Gillard, a Minnesota general partnership, its successors and assigns; Plans and Specifications: the plans and specifications for the construction and installation of the Building which are to be described on Exhibit B to the Construction Loan Agreement; Pledge Agreement: the Pledge Agreement to be executed by the City and the Lender; Project: the Land and the Building as they may at any time exist; Project Costs: those costs defined as such in Section 1.01 of the Loan Agreement; Resolution: this resolution of the City, adopted April 9, 1985, authorizing the issuance of the Note; and Section 2. Findings. It is hereby found and declared that: (a) the real property and improvements described in the Loan Agreement and the Mortgage constitute a Project authorized by the Act; (b) the purpose of the Project is, and the effect thereof will be to promote the public welfare by the attraction, encouragement and development of economically -2- sound industry and commerce so as to prevent the emergence of or to rehabilitate, so far as possible, blighted and marginal lands and areas of chronic- unemployment; the retention of industry to use the available resources of the community in order to retain the benefit of its existing investment in educational and public service facilities; halting the movement of talented, educated personnel of mature age to other areas and thus preserving the economic and human resources needed as a base for providing governmental services and facilities; (c) the financing of the Project, the issuance and sale of the Note, the execution and delivery of the Loan Agreement, the Financing Statement, the Construction Loan Agreement and the Pledge Agreement and the performance of all covenants and agreements of the City contained in the Loan Agreement, the Pledge Agreement, and the Construction Loan Agreement and of all other acts and things required under the Constitution and laws of the State of Minnesota to make the Note, the Loan Agreement, the Construction Loan Agreement and the Pledge Agreement valid and binding obligations of the City enforceable in accordance with their terms, are authorized by the Act; (d) the Project would not be undertaken but for the • availability of industrial development bond financing under the Act. (e) it is desirable that the Note in the amount of up to $275,000 be issued by the City upon the terms set forth herein, and that the City assign its interest in the Loan Agreement and grant a security for the payment of the principal of, interest on and premium and late charges, if any, on the Note; (f) the loan payments contained in the Loan Agreement are required to be in the amounts necessary to produce income and revenue sufficient to provide for prompt payment of principal of, premium and late charges, if any, and interest on the Note when due, and the Loan Agreement also provides that the Partnership is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and all taxes and special assessments levied upon or with respect to the Project payble during the term of the Loan Agreement; and (g) under the provisions of Minnesota Statutes, Section 474.10, and as to be provided in the Note, the Note is not to be payable from nor charged upon any funds of the . -3- . City other than the revenue under the Loan Agreement pledged to the payment thereof; the City is not subject to any liability thereon; no Holder of the Note- shall ever - -- - have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or premium or late charges, if any, thereon, nor enforce payment thereof against any property of the City except the revenue under the Loan Agreement pledged to the payment thereof; the Note issued hereunder shall recite that the Note, including interest and premium and late charges, if any, thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereof, except to the extent payable out of any proceeds received from the sale or other disposition of the property subject to the Mortgage or any amounts payable under the Mortgage, the Assignment and other documents securing the Note; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; provided, however, that nothing contained in this paragraph (g) shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the security thereof as provided in Minnesota Statutes, Section 474. Section 3. Authorization and Sale . 3.01. Authorization. The City is authorized by the Act to issue revenue bonds, and loan the proceeds thereof to business enterprises to finance the acquisition and construction of "projects" as defined in the Act, and to make all contracts, execute all instruments and do all things necessary or convenient in the exercise of such authority. 0 3.02. Preliminary City Approval. The Council gave preliminary approval to the sale of its revenue bonds pursuant to the Act and the loan of the proceeds to the Partnership for the acquisition and improvement of the Project suitable for use as a professional office building and authorized the preparation of such documents as may be appropriate to the Project by the following actions; (a) January 8, 1985, adoption of Resolution No. 7962 calling for a public hearing on the Project; (b) January 17, 1985, publication in the The Hutchinson Leader, the official newspaper of the City, of the Notice of Public Hearing; (c) February 12, 1985, public hearing held at the City Hall; -4- (d) February 12, 1985, adoption of Resolution No. 7978, giving preliminary approval to the Project. 3.03. Approval of Documents. Pursuant to the above, there have been prepared and presented to this Council copies of the following documents, all of which are now, or shall be, placed on file in the office of the City Administrator: (a) the Loan Agreement; (b) the Assignment (not executed by City); (c) the Pledge Agreement; (d) the Mortgage (not executed by City) (e) the Construction Loan Agreement; -and (f) the Guaranty Agreement (not executed by City). The forms of the documents listed in (a) through (f) above are approved, with such variations, insertions and additions as are deemed appropriate by the parties and approved by the City Attorney and City Administrator. . Section 3.04. Allocation of Bond Issuance Authority. The City constitutes an "entitlement issuer" under the Act and has been allocated an entitlement amount of bond issuance authority under the Act for the 1985 calendar year in the amount of $2,512,401. The City has not issued any private activity bonds within the meaning of Section 103(n) of the Code since January 1, 1985, has not transferred its 1985 calendar year bond issuance allocation to another municipality pursuant to the Act or returned any of such 1985 calendar year bond issuance authority to the Minnesota Department of Energy and Economic Development and has not allocated any of such 1985 calendar year bond issuance authority to any obligation of the City not yet issued. This Council hereby determines that $275,000 if such 1985 calendar year bond issuance authority is allocated to the Note. Section 4: Execution of Documents. Upon execution of the Loan Agreement, the Construction Loan Agreement and Pledge Agreement by the Partnership and the Lender, as the case may be, the Mayor and the City Administrator shall execute the same on behalf of the City and shall execute the Note, in substantially the form set forth following Section 5.01 hereof, on behalf of the City, and shall execute such other certifications, documents or instruments as bond counsel or 0 -5- 0 counsel for the Lender shall require, subject to the approval of the City Attorney, and all certifications, recitals and representations therein shall constitute the certificates, recitals and representations of the City. Execution of any instrument or document by one or more appropriate officers of the City shall constitute and be deemed the conclusive evidence of the approval and authorization by the City and the Council of the instrument or document so executed. In the absence or disability of the Mayor, any of the documents authorized by this resolution to be executed, shall be executed by the acting Mayor, and in the absence of the City Administrator by such officer of the City who, in the opinion of the City Attorney, may execute such documents. Section 5. The Note. 5.01. Form and Authorized Amount. The Note shall be issued substantially in the form hereinafter set forth, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Section, in the total principal amount of up to $275,000. UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD _- -- CITY OF HUTCHINSON Commercial Development Revenue Note (tyke and Gillard Project) R -1 $275,000 The City of Hutchinson, Minnesota, a municipal corporation of the State of Minnesota (the "City "), for value received, hereby promises to pay to CITIZENS BANK & TRUST COMPANY, or assigns (the "Holder "), at its principal office in Hutchinson, Minnesota, or at such other place as the Holder may designate in writing, from the source and in the manner, and with interest thereon as hereinafter provided, the principal sum of up to TWO HUNDRED SEVENTY -FIVE THOUSAND DOLLARS ($275,000), or so much thereof as has been advanced from time to time pursuant to the provisions of the Construction Loan Agreement described below, with interest on the unpaid principal amount in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America. This Note shall bear interest at a rate per annum equal to eighty percent (80 %) of the rate of interest announced from time to time by Citizens & Trust Co., Hutchinson, Minn., a Minnesota state bank, as its base rate (the "Base Rate "), which rate shall be initially determined on the date hereof and redetermined on the first day of each calendar month based upon the Base Rate on such date, and such rate as so determined shall be the rate of interest on this Note from and including such date until the first day of the following calendar month; provided, that such rate of interest on this Note may never exceed twelve percent (12 %) per annum or be less than nine percent (9 %) per annum. This Note is payable in installments due as follows: (a) From and after the date hereof until and including January 1, 1986 the City shall pay interest only on the principal amount advanced under this Note. Interest shall be due and payable on the first day of the month following the delivery of the Note and on the first day of each month thereafter in the amount of interest accrued to date on the principal amount advanced under this Note, with a final payment of interest only on January 1, 1986, in an amount equal to the interest accrued to that date on the principal amount advanced under this Note. 0 -7- (b) Commencing on February 1, 1986 and continuing on the first day of each month thereafter until December 1, 2000 the principal of and interest on this Note shall be payable in monthly installments sufficient to fully amortize the principal amount of this Note in equal consecutive monthly payments of principal and interest on January 1, 2001 based upon the interest rate then applicable under the provisions of this Note for the preceding calendar month. (c) A final payment of all unpaid principal and interest shall be due and payable in full on January 1, 2001. All payments shall be applied first to interest and then to principal; except that if any advances made by the Holder under the terms of any instruments securing the Note are not repaid, any moneys received, at the option of the Holder may first be applied to repay such advances, plus interest thereon, at a rate of interest equal to that provided for herein in the event of a Determination of Taxability, as hereinafter defined, and the balance, if any, shall be applied on account of any installments then due. All interest hereon shall be computed on the assumptions that each month contains thirty (30) days and each year three hundred sixty (360) days, except that the payments required under (a) above shall be made on the basis of actual days elapsed in a three hundred sixty (360) day year. Notwithstanding the foregoing, in the event the Holder receives notice of a Determination of Taxability, as defined in the Loan Agreement of even date herewith (the "Loan Agreement "), between the City and Lyke and Gillard, a Minnesota general partnership (the "Partnership "), the per annum interest rate on this Note shall be increased, effective as of the Date of Taxability, as defined in the Loan Agreement, to a rate of interest per annum which exceeds the Base Rate by two percent (2 %), which rate shall be initially determined on the date hereof and redetermined on the first day of each calendar month based upon the Base Rate on such date, and such rate as so determined shall be the rate of interest on this Note from and including such date until the first day of the following calendar month and the City shall immediately upon demand pay to the Holder of this Note and to any prior Holder the aggregate difference between (A) the amounts actually paid on this Note between the Date of Taxability, as defined in the Loan Agreement, and the date of such payment and (B) the amounts that would have been paid to the Holder and any prior • Holder during such period at such increased interest rate; (applied retroactively to the Date of Taxability). Such obligation shall survive the payment in full on the principal 40 amount of this Note. Thereafter, interest shall accrue at said increased interest rate and shall be payable on the dates specified in paragraphs (a), (b) and (c) hereof. It is agreed that time is of the essence with respect to this Note. In the event the City shall fail to make when due any interest payments or principal and interest payments required under this Note, the interest payment or principal and interest payment so in default shall continue as an obligation of the City until the interest payment or principal and interest payment in default shall have been fully paid, and, the City agrees to pay interest thereon (including to the extent permitted by law, interest on overdue installments of interest) at the rate of interest per annum borne on this Note. The principal of this Note may be prepaid without penalty either in whole or in part. Any prepayment shall be made on thirty (30) days' advance written notice to the Holder, shall be accompanied by accrued interest and shall be made on a regularly scheduled payment date. In addition, the principal of this Note is subject to mandatory prepayment upon the terms and conditions contained in Section 2.5 of the Construction Loan Agreement, of even date herewith (the "Construction Loan Agreement "), among the City, Citizens Bank S Trust Co., • Hutchinson, Minn. (the "Lender "), and the Partnership. Any prepayment shall not suspend or reduce required principal installment payments and shall be applied, after deduction of accrued interest, to reduce the principal portion of the installments due under this Note in inverse order of their maturity. The principal of this Note is subject to mandatory redemption at the option of the Holder without penalty, in whole but not in part, (i) upon the occurrence of a Determination of Taxability, and (ii) on the January 1, 1991 and January 1, 1996 together with accrued interest to the date of redemption and any other indebtedness due hereunder. To exercise this option the Holder shall give written notice to the City and the Partnership at least one hundred twenty (120) days prior to the redemption date of its election to call the principal of this Note for redemption; in which event the City shall pay to the Holder on the dates specified in said notice in an amount equal to the entire unpaid principal balance of this Note, plus accrued interest thereon and any other indebtedness due hereunder. The Holder, at its option, may, call this Note for redemption and declare the unpaid principal balance of this Note, together with accrued interest thereon and any other • indebtedness due hereunder, due and payable in full, if as a -9- result of changes in the Constitution of the State of Minnesota or the United States of America or of legislative or administrative action (whether state or federal) or of a final decree, judgment, or order of any court or administrative body (whether state or federal), the Loan Agreement shall have become void or unenforceable or impossible of performance in accordance with the intent and purpose of the parties expressed therein, upon at least thirty (30) days' prior written notice to the City and the Partnership, in the manner prescribed in the Loan Agreement, in which event the City shall pay to the Holder on the date specified in said notice an amount equal to the entire unpaid principal balance of this Note, plus accrued interest thereon and any other indebtedness due hereunder. This Note constitutes an issue in the total authorized face amount of up to $275,000. This Note is issued by the City pursuant to the authority - granted by Minnesota Statutes, Chapter 474, as amended (the "Act "),_for the purpose of providing funds for a Project, as defined in Minnesota Statutes, Section 474.02, Subdivision 1, consisting of certain real estate and improvements thereon (the "Project "), and paying necessary expenses incidental thereto, such funds to be loaned by the City to the Partnership pursuant to Resolution No. adopted by the City on April 9, 1985 (the "Resolution "), the Construction Loan Agreement and the Loan Agreement, thereby assisting activities in the public interest and for the public welfare of the City. This Note is secured by a Pledge Agreement, of even date herewith (the "Pledge Agreement "), between the City and the Lender, a Combination Mortgage and Security Agreement and Fixture Financing Statement, of even date herewith (the "Mortgage ") given by the Partnership in favor of the Lender, an Assignment of Rents and Leases, of even date herewith (the "Assignment "), given by the Partnership in favor of the Lender and a Guaranty Agreement of even date herewith ( "the Guaranty "), from Dr. John Gillard and Dr. Thomas Lyke to the Lender. The proceeds of this Note are to be disbursed pursuant to the terms and conditions of the Construction Loan Agreement. As provided in the Resolution, the City will cause to be kept at the office of the City Administrator a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of this Note. This Note is transferable upon the books of the City at the office of the City Administrator, by the Holder hereof in person or by its attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the City Administrator, duly executed by the Holder or its duly authorized attorney. Upon such transfer the City Administrator -10- will note the date of registration and the name and address of the new Holder upon the books of the City and in the registration blank appearing below. Alternatively, the City will at the request of the Holder issue new notes in an aggregate principal amount equal to the unpaid principal balance of this Note, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the registered Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name this Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, redemption price or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. All of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Loan Agreement, the Construction Loan Agreement, the Mortgage, the Assignment, the Pledge Agreement and the Guaranty are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. If the City should fail to make any monthly installment of interest or principal and interest when due, or if an Event of Default occurs under the Loan Agreement, the Construction Loan Agreement, the Mortgage, the Assignment, the Guaranty or any other document securing this Note, then the Holder may at its right and option, by written notice to the City and the Partnership, declare immediately due and payable the principal balance of this Note and interest accrued thereon to the date of declaration of such default, together with any attorney's fees incurred by the Holder in collecting or enforcing payment of interest or principal of this Note, without notice to or consent of any party, whether suit be brought or not, and all other sums due hereunder or under the Mortgage, the Loan Agreement, the Construction Loan Agreement, the Assignment or the Guaranty anything to the contrary therein notwithstanding, and payment thereof may be enforced and recovered in whole or in part, at any time, by one or more of the remedies provided in this Note, the Mortgage, the Loan Agreement, the Construction Loan Agreement, the Assignment, the Guaranty or any other document securing this Note. The Holder may extend the time of payment of interest and /or principal of this Note, without notice to or consent of any party liable hereon and without releasing any such party. F1 LJ -11- 0 The remedies of the Holder, as provided herein and in the Mortgage, the Loan Agreement, the Construction Loan Agreement, the Assignment and the Guaranty, shall be cumulative and concurrent; may be pursued singly, successively or together and at the sole discretion of the Holder; and may be exercised as often as occasion therefor shall occur. The delay, omission, or failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. The City, for itself, its successors and assigns, hereby waives diligence, demand, presentment, protest and notice of dishonor and suretyship defenses generally, and agrees that, except as otherwise expressly provided herein or in the Loan Agreement, without any notice, the Holder hereof and any present or future owner or owners of any property and interests covered by the Mortgage or any other document given to secure this Note, or executed in connection with this Note, may from time to time extend, renew, or otherwise: - modify the date or dates or amount or amounts of payment above recited; or, the Holder hereof may from time to time release any part or parts of the property and interests subject to said Mortgage or to any such other document from the same, with or without consideration. In any such case, the City, subject to limitation of the City's liability, shall continue to be liable to pay the unpaid balance of the indebtedness evidenced hereby as so extended, renewed or modified and notwithstanding any such release. This Note shall not be payable from nor charged upon any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, nor to enforce payment thereof against any property of the City except revenue under the Loan Agreement pledged to the payment thereof. This Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the revenue under the Loan Agreement pledged to the payment thereof. This Note, including interest thereon, is payable solely from the revenue under the Loan Agreement pledged to the payment thereon, except to the extent payable out of any proceeds received from the sale or other disposition of the property subject to the Mortgage or any amounts payable under the Mortgage, the Assignment, the Guaranty or other documents securing this Note. This Note shall not constitute a debt of the City within the meaning of any charter, constitution or statutory limitation. However, nothing contained in this paragraph shall impair the rights of the -12- Holder of this Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. The Holder shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. If any term of this Note, or the application thereof to any person or circumstances, shall, to any extent, be invalid or unenforceable, the remainder of this Note, or the application of such term to persons or circumstances other than those as to which it is invalid or- unenforceable, shall not be affected thereby, and each term of:.-this Note shall be valid and enforceable to the fullest extent permitted by law. This Note applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their successors and assigns. The term "Holder" shall mean the registered holder and owner of this Note, whether or not named as Holder herein. This Note may not be amended, modified or changed, except only by an instrument in writing and signed by the party against whom enforcement of any amendment, change, modification or discharge is sought. It is intended that this Note is made with reference to and shall be construed as a Minnesota contract and governed by the laws thereof. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. -13- • 0 E IN WITNESS WHEREOF, the City has caused this Note to be duly executed by its duly authorized officers and its corporate seal affixed all as of the 9th day of April _ ,_1985 (SEAL) And: City Administrator E • CITY OF.HUTCHINSON, MINNESOTA By Mayor -14- The Note and the books of the noted below. Date of Registration PROVISIONS AS TO REGISTRATION ownership of the unpaid pri- ncipal- balance -of -th-is- - interest accruing thereon is registered on the City in the name of the registered holder last Name and Address of Registered Holder Citizens Bank & Trust Co., Hutchinson, Minn. 102 Main Street South Hutchinson, Minnesota 55350 -15- Signature of City Administrator 1] 0 11 5.02. Note Terms. The Note shall be designated the Commercial Development Revenue Note (Lyke and Gillard Project), and shall: (a) be dated as of the date of delivery thereof to the Lender. (b) be in the total principal amount of up to $275,000. (c) bear interest at the rates provided in the Note determined in the manner provided in the Note; (d) be payable in installments of interest or principal and interest in the amounts and on the dates provided in the Note; (e) be subject to redemption and prepayment upon the terms and conditions contained in the Note. 5.03 Execution. The Note shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator, and shall be sealed with its corporate seal. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes. 5.04. Mutilated, Lost and Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City upon compliance by the Holder with any applicable provision of law shall cause to be executed and delivered a new Note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Holder's paying the reasonable expenses and charges of the City in connection therewith, and in case the Note is destroyed or lost, its filing with the City evidence satisfactory to it and compliance with any applicable provisions of law. 5.05. Registration of Transfer. The City will cause to be kept at the office of the City Administrator a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration or transfer of ownership of the Note. The Note shall be transferable upon the books of the City by the Holder thereof in person or by its attorney duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Administrator, duly executed by the Holder or its duly authorized attorney. Upon such -16- transfer the City Administrator shall note the date of registration and the name and address of the new Holder on the books of the City and in the- registration- blank.appearing on the Note. Alternatively, the City shall, at the request and expense of the Holder, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount and the amount of the monthly installments payable thereunder, and registered in the name of the Holder or such transferee as may be designated by the Holder. The City may deem and treat the person in whose name each Note is last registered upon the books of the City with such registration noted on the Note as the absolute owner thereof, whether or not overdue, for the purpose of receiving payment of or on account of the principal balance, prepayment price or interest and for all other purposes, and all such payments so made to the Holder or upon its order shall be valid and effectual to satisfy and discharge the liability upon this Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 5.06. Delivery and Use of Proceeds. Prior to delivery of the Note, the documents referred to below shall be completed and executed in form and substance as approved by the City Attorney. The City shall execute and deliver to the Lender the Note in the total principal amount of up to $275,000, together with the following: (a) a duly certified copy of this Resolution; (b) original, executed counterparts of the Loan Agreement, Construction Loan Agreement and the Pledge Agreement; and (c) such closing certificates, opinions and related documents as are required by bond counsel. Upon delivery of the Note and the above items to the Lender, the Lender shall, on behalf of the City, disburse to the Partnership the proceeds of the Note in reimbursement of Project Costs pursuant to the provisions of the Loan Agreement and the Construction Loan Agreement, and the proceeds so disbursed shall be deemed to have been disbursed for the benefit of the City. The Lender and the Partnership shall provide the City with a full accounting of all funds disbursed for Project Costs, Section 6. Limitations of the City's Obligations. Notwithstanding anything contained in the Note, the Loan -17- 0 1 Agreement, the Construction Loan Agreement, the Pledge Agreement, or any other documents referred to in Section 3.03 hereof, the Note shall not be payable from nor charged-upon- any funds of the City other than the revenue under the Loan Agreement pledged to the payment thereof, nor shall the City be subject to any liability thereon. No Holder or Holders of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest or any premium or late charges thereon, nor to enforce payment thereof against any property of the City, other than the property subject to the Mortgage should the City ever acquire title to it. The Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, other than the property subject to the Mortgage should the City ever acquire title to it. The Note, including interest and premium, if any, thereon, is payable solely from the revenue -under the Loan Agreement pledged to the payment thereof, except to the extent payable out of any proceeds received from the sale or other disposition of the property subject to the Mortgage or any amounts payable under the Mortgage, the Assignment or the Guaranty and other documents securing the Note. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. However, nothing contained in this Section 6 shall impair the rights of the Holder or Holders of the Note to enforce covenants made for the security thereof as provided under the provisions of Minnesota Statutes, Section 474.11. Section 7. Registration and Certification of Proceedings. 7.01 Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the McLeod County Auditor, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Note has been entered in the bond register of McLeod County as required by law. 7.02. Certification of Proceedings. The officers of the City are directed to prepare and furnish to the Lender, and to the attorneys rendering an opinion as to the legality of the issuance of the Note, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality of the Note as the same appears from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representatives of the City as to the facts stated therein. -18- Section 8. No Litigation. No litigation of any nature has been commenced against the City by service of process upon the City regarding, restraining o- --enjo-ining --he issuance, sale and making of the Note, nor contesting the statutory powers granted by the Act, in connection with the issuance of the Note, nor regarding the organizational and boundaries of the City or the right of the City Council members or officers to their respective offices. To the best of the City's knowledge, there is no action, suit, proceeding, or investigation at law or in equity before or by any court, public board or body pending or threatened against the City wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by or the validity of the Note, this Resolution, the Loan Agreement or Pledge Agreement. Section 9. Authority. The execution and delivery and performance of Loan Agreement, Construction Loan Agreement and Pledge Agreement and the issuance of the Note do not violate any law, regulation, or agreement or any court order or judgment in any litigation to which the City is a party or by which it is bound, provided this finding is made solely for the purpose of estopping the City from denying the validity of the Note or any of the documents referred to in this paragraph by reason of any facts contrary to this finding. Section 10. No Conflict of Interest. To the best of the City's knowledge and belief, no council member of the City, and no other elected or appointed official who is authorized to take part in the entering into of the Loan Agreement, Construction Loan Agreement and Pledge Agreement or the issuance of the Note, is directly or indirectly interested therein, the Project, or any contract, agreement or job contemplated to be entered into or undertaken for completion of the Project. Adopted this 9th day of April, 1985. Attest: City Administrator (SEAL) -19- Mayor • iThe motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: and Whereupon the resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the City Administrator. 0 • -20- • (612) 587 -5151 JWJ4 HUTCHINSON, I T V OF HUTCHINSON WASHINGTON AVENUE WEST MINN. 55350 M E M O R A N D U M DATE: April 2, 1985 T0: - Mayor - & - Council --------------------------- FROM: - -Cary ' - ? Ga Plotz Cit Administrator - -- -- - -------- - - - - - - - - - - - SUBJECT: Furniture - Library Protect_ - - - - - John Rorngiebel has met with the library board and their recommendation is to accept the following low bidders: G Group F Group 7,445.00 7,750.00 A -6 Group 25,231.00 (see attached contract) B (part) 6A Group 14,245.46 (see contract attached) $ 54,671.46 Prev. auth. shelves 9,650.00 Total $ 64,321.46 E. J. Pinske Metro Systems Furniture Brooklyn Center DMO Inc., St. Paul PM Johnson's Inc. St. Paul The total estimated set -aside for furnishings & equipment was $ 72,000. F'-d_ . • U THE AMERICAN INSTITUTE OF ARCHITECTS 0 '11 L! AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Fourteenth day of March in the year of Nineteen Hundred and Eighty -Five BETWEEN the Owner: City of Hutchinson 37 Washington Avenue West Hutchinson, MN. 55350 and the Contractor: DMO Inc. Mr. Donald M. Olsen Braemer Business Center 7736 West 78th St. The Project: St. Paul, Mn. 55435 Furnishings - Hutchinson Public Library The Architect: Korngiebel Architecture 45 Washington Avenue East Hutchinson, Mn. 55350 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1%3, 1967, 1974, O 1977 by the American Institute of Architects, York A%enue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its without permission of the AIA violates the copyright laws of the United States and will be subject to legal p AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIAO 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a pan of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here Insert the caption descriptive of the Work as used on odter Contract Documents.) Group A - $15,720 (1200 credit for metal periodical shelving) A -1 Book Truck - $1068 A -2 Atlas Stand - $711 A -3 Record Bin - $1078 A -4 Index Table - $2032 (Standup counter 38" high) A -5 Charge Desk - $4248 A -6 Wood Shelves - $7173 A -7 Depressible book truck Group C - $1631.00 C -1 w /upholstery - $466 C -2 w/o upholstery - $336 C -3 w /arms - $273 C -4 operational stool- $756 11 Group D - $3260.00 D -1 Librarians desk - $870 D -2 Reference de -sk - $790 D -3 Children's Librarian desk - $1080 D -4 Credenza - $520 Group E - $4420.00 - $610 E -1 Adult table - $700 E -2 Study Carrel - $1344 E -3 Childrens table - $2376 ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced Immediately and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) June 1,1985 AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT - ELEVENTH EDITION - JUNE 1977 - AIAO 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 2 is ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions b Change Order as provided in the Contract Documents, the Contract Sum of- Twenty . y g p Twenty Five Thousand Two hundred thirty one and no /100---- - - - - -- dollars The Contract Sum is determined as follows: (State two the base bid or other lump sum amount accepted alternates, and unit prices, as applicab(eJ Group A - $15,720.00 (Includes $1200 credit for metal shelving) Group C - $ 1,831.00 Group D - $ 3,260.00 Group E - $ 4,420.00 $25,231.00 ARTICLE 5 PROGRESS PAYMENTS (DELETE) Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the day of the month as follows: Not later than days following the end of the period covered by the Application for Payment percent ( %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and percent ( %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to percent ( %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (1) not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) As per General Conditions III O. of this specification for furnishings. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) 110 Usury laws and requirements under the federal Truth in lending Act, similar state and local consumer credit lam and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A161 a OWNER - CONTRACTOR AGREEMENT a ELEVENTH EDITION a JUNE 1977 • AIAO 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20DD6 A101 -1977 3 I A ARTICLE 6 9 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 ` MISCELLANEOUS PROVISIONS 7.1 Terns used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (Liu below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in al( uses and dates where applicable.) Agreement dated March 14,1985 ` Conditions of the Contract Drawings for Furnishings dated March 13,1985 Specifications for Furnishings dated February 4,1985 Addendum #1 dated February 14,198 5 * Group A -6 to read as follows: 0 1 range 2 sections (407 none) 3 ranges 2 sections (410 none) 2 ranges 3 sections (2) 6462 -1 82 X with 82 X with 82 X 10 pl 20 D.F. veneered back 6462 -307 option 904. 24 F.F. veneered back 6462 -310 option 904 (909 none). 12 periodical hinged sloped shelves is (1) 6462 -210 with option 918. This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR City of Hutchinson DMO, In Hutchinson, Mn. 55350 Mpls, Mn. 55435 BY BY AIA DOCUMENT A111 * OWNER - CONTRACTOR AGREEMENT * ELEVENTH EDITION * JUNE 1977 * AIA9 01977 * THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 4 0 THE AMERICAN INSTITUTE OF ARCHITECTS • E AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Fourteenth day of March in the year of Nineteen Hundred and Eighty -Five BETWEEN the Owner: and the Contractor: City of Hutchinson 37 Washington Avenue West Hutchinson, Mn. 55350 PM Johnson's, Inc. 127 West Winifred St. Paul, MN. 55107 The Project: Furnishings - Hutchinson Public Library The Architect: Korngiebel Architecture 45 Washington Avenue East Hutchinson, Mn. 55350 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, O 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, O. C. 200116. Reproduction of the material herein or substantial quotation of I s without permission of the AIA violates the copyright laws of the United States and will be subject to legal AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA9 01977 • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 UU ARTICLE 1 0 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced Immediately and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) June 1,1985 i AIA DOCUMENT Alit - OWNER - CONTRACTOR AGREEMENT - ELEVENTH EDITION - )UNE 1977 - AIA9 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 -1977 2 ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on ether Contract DoaunenNa Group B B -1 Side Chairs * Omit B -2 Stackable Chairs B -4 Youth Chair B -2A Handcart B -5 Youth Stool B -3 Stools B -5 2 Youth Stools Group H H -1 Bench- - H -2 Ash & Trash H-3 Planters H -4 Paperback H -5 Pamphlert Files H -6 File Cabinets H -7 Folding Tables H -8 Newspaper Rack 10 ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced Immediately and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) June 1,1985 i AIA DOCUMENT Alit - OWNER - CONTRACTOR AGREEMENT - ELEVENTH EDITION - )UNE 1977 - AIA9 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101 -1977 2 ARTICLE 4 • CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Fourteen Thousand Two hundred Forty -Five and 46 /100 - - -- Dollars ($14,245.46) The Contract Sum is determined as follows: (Slate here the base bid or other lump sum amount, accepted afternates, and unit prices, at applicable.) Group B - $7412.32 B -1 Side Chairs - $3,962.50 B -4 Youth Chair - $3,288.00 B -5 Youth Stool - $ 161.82 Group H - $6833.14 ARTICLE 5 PROGRESS PAYMENTS (DELETE) Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro - vided in the Contract Documents for the period ending the day of the month as follows: Not later than days following the end of the period covered by the Application for Payment percent ( %) of the portion of the Contract Sum properly allocable to labor,_ materials and equipment incorporated in the Work and percent ( %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to percent ( %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (If not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount repined titer the Work reaches a certain stage of completion.) As per General Conditions III. 0. of this specification for furnishings. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) Usury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor s principal places of business, the location of the Project and elsewhere may affect the validity of this provision. specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) ALA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT - ELEVENTH EDITION - JUNE 1977 - AIAG 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A1U1 -1977 3 ARTICLE 6 0 FINAL PAYMENT Final payment, constituting the entire unpaid balance-of -he Contract- Sum - ,-shall- -be- -paid -by the OwnerTo -dw -- Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 ` MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (list below the Agreement, the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cues and dates where applicable.) Agreement dated March 14,1985 Conditions of the Contract Drawings for Furnishings dated March 13,1985 Specifications for Furnishings dated February 4,1985 Addendum #1 dated February 14,1985 This Agreement entered into as of the day and year first written above. City of Hutchinson CONTRACTOR PM Johnson's, Inc. Hutchinson, Mn. 55350 St. Paul, Mn. 55107 I BY BY AIA DOCUMENT A101 - OWNER - CONTRACTOR AGREEMENT - ELEVENTH EDITION - JUNE 1977 - AIA* 01977 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 4 0 9 HUTCHINSON PUBLIC SCHOOLS GEORGE GORDON. CYakr DONALD POPP, CI.h SANDRA GREEN. Treewrrw April 2, 1985 INDEPENDENT SCHOOL DISTRICT NO. 423 HUTCHINSON, MINNESOTA 55350 Glenn Matepla, Superintendent of Schools Mayor Robert Stearns City Council Members Hutchinson City Hall Hutchinson, MN 55350 Dear Mayor Stearns 8 Council Members: DeWAYNE PETERSON. Vice Chem DANIEL PERRINE. Dtreaw LUCI LE ARLT. Director �234$6� Rlz ari N The Hutchinson School District #423 hereby requests that the City of Hutchinson consider extending utilities -- -water main, storm sewer and sanitary sewer - - -to the school site located south of the existing high school site along School Road. The actual location is property that the school district owns that borders the Methodist Church which is located at the corner of South Grade Road and School Road. Thank you for your consideration of this request. Sinc ly, G1 nn Matejka Superintendent of Schools cc: D16MCT OEFlCES 30 Glen Street Nenb Pb. (6141607•2060 SENIOR HIGH SCHOOL Robwm Read PMoee (614)607.4161 Marlow Priebe AREA VOLATIONAL•TECHNICAL INSTITUTE 400 Cen un A e Pboee(6141S/7.7636 EQUAL OPPORTUNITY EMPLOYER 13 JUNIOR HIGH SCHOOL Roberte Rod Pbo (612)6/7.4661 ELEWWARY SCHOOL 100 GMa Street P%oee912) 667.4937 E 1J' 0 F (612) 879-2311 CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN 55350 M E M O R A N D U M DATE: MARCH 26, 1985 TO: — MAYOR AND CITY COUNCIL — — — _ — _ _ — — — — FROM: — RALPH NEUMANN — — — — — — — — — — — — — — SUBJECT: REQUEST FOR BIDS — — — — — — — — — — — — — Permission is requested to write specs and advertise for bids on the following items: 1- Street Dept. 2- Waste treatment plant These are both budgeted items. Road oils T V photographs of underground lines for maintenance. (612) 587 -5151 CITY OF HUTCHINSON -0 - ..,.��HUTCHINSON,IMINN. 5535OwEST M E M O R A N D U M DATE: April 3. 1985 TO: -M6Y9R LC9UKJ+---------------------- FROM: — KENNETH B MERRILL. El&kKE VJUCTQR_ _ _ — — _ _ _ — — _ SUBJECT: Park tractor ---------------------- A major engine overhaul of a John Deere 2020 tractor belonging to the Park Department is needed. Cost of the project has been estimated at a minimum of $5000. Even after the repair, the machine may not last due to a overall wearing of the major parts of the machine. Cliff Paulsen, John McRaith, Doug Meier and Ralph Neumann all believe a better alternative would be to trade this unit, as is, and acquire a used John Deere 2940. A larger tractor better suited for the needs of the Park department with a loader would lend versatility to the unit. A request would be made to*set a bid opening date of April 22nd for a used 2940 John Deere rear wheel drive with a heat houser and loader. Estimated cost of this unit is $15,000. before trade. As of 1985, we have set aside $2200. for replacement of this unit. Financing the balance could be in several methods depending on the cost but in any case, I believe could be handled by the Central Garage. Full details of the plan will be presented at the time the bid would be awarded. Regarding 1968 John Deere tractor Appt. 8000 hours on machine This is a case where age has hindered recovering enough funds for replacement of this tractor. This vehicle was 12 years old at the time the Motor Pool was established and rental costs have been recovered for only 4 of the last 16 years. In addition to the specifications set forth by Mr. Merrills memo, this tractor also should have a 3 point hitch. • Ralph Neumann 9- c. (612) 587 -5151 HU1CH' C/TY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M O R A N D U M DATE: APRIL 3, 1985 TO: ABAYOEB EOLIKU — — — — — — — — — — — — — — — — — — — — — — FROM: KENNETH B.— MERRILI11 EUMCE _DU ZCTQP. — — — — — — — — — — — SUBJECT: Police Officer C1othiit1F L111owanu — — — — — — — — — — — — — Our Police officers have been receiving $300. per year payable in semi- annual installments for their clothing allowance. The 1985 budget was prepared with the anticipation of increasing this to $350. per year. 9 Dean has sent me a memo requesting adjustment of the clothing allowance to $350. Justification for the increase is because of higher clothing costs. Money has been made available in the budget and the request would be for council authorization to increase the clothing allowance by $50. per year to an amount of $350. E (612) 587 -5151 JWJHU7CHINSON, /TY OF HUTCHINSON WASHINGTON AVENUE WEST MINN. 55350 M E M O R A N D U M DATE: Aril 3, 1985 TO: MAYOR & COUNCIL ------------------------------ FROM: KENNETH B. MERRILL, FINANCE DIRECTOR ------------------------------ SUBJECT: General Fund Reimbursement ------------------------------ Our 1984 budget had $50,000. anticipated from the Water $ Sewer Fund. At this time we have put together a list of some expenses which are reimbursements. These expenses break down as follows: Audit (per contract of Charles Bailley) $4700. City Engineer Time 256 hours 5916. City Administrator Time 108 hours 2393. Finance Director Time 204 hours 3603. Accounting Technican 48 hours 467. Receptionist Time 416 hours 2887. $19,966. This represents a conservative estimate of, and by no means all, expenses which should be reimbursed. We would request authorization of this reimbursement. If approval is granted, the dollars would be reflected in the 1984 year. 0 (612) 587.5151 JWJ37 ITY O F HUTCHINSON WASHINGTON AVENUE WEST CHINSON, MINN. 55350 M E M O R A N D U M DATE: April 4, 1985 TO: Mayor and City Council ------------------------ - - - - -- FROM: Gary D. Plotz, City Administrator - ----------------------- - - - - - - SUBJECT: Preparation of A Revolving Loan Fund Pr�ram - - - - - - - One of our top 10 priorities for 1985 is to establish a revolving loan fund to encourage development and redevelopment in our downtown and in- dustrial park. Specifically, this would include a program that would assist businesses in the tax increment district to update their buildings to meet the building and fire codes and also improve the entrances to their facilities. The City of Duluth is doing a somewhat similar program, a copy of which is attached. In conclusion, I suggest we authorize the preparation of a proposal by the Finance Committee of the Community Development Corp. and city staff. If we need a consultant to assist us with this, we will report back to you. Attachment /ms 0 �- ! CITY OF DULUTH, OFFICE OF BUSINESS DEVELOPMENT ,..rrr ry ♦ .- �.nu. r DOWNTOWN STOREFRONT RENOVATION AND LOAN PROGRAMS PURPOSE: To stimulate building renovation and improve the overall appearance of the downtown's many historic and architecturally - interesting buildings. This program provides the financial tools necessary to allow building owners and tenants to repair, rehabilitate, and protect these structures. ELIGIBLE USES: Provide low- interest financing for one-half the cost of storefront renovation, code - required improvements, and owners' share of skywalk construction. Emphasis is given to storefront renovation including building cleaning, signage, use of colors, window replacement, and kneewall areas. This program calls for a matching amount of private improvements in order to maximize the amount of the low- interest loans for the storefront, code, and skywalk work. Private matching costs include any expenditures for the building or business except building purchase, inventory, or refinancing of existing debt. The City provides an architect to consult with participants and prepare preliminary drawings and cost estimates for improving the storefronts. There is no obligation, and this service is free of charge. STRUCTURE: The City has made a pool of money available through local banks to be loaned at 3% annual interest for one half of the qualifying loan amount. The remaining half of the loan amount is funded at market rate from the participating bank, or privately by the loan applicant. The bank will determine the length of the loan, take all fiduciary responsibility, and service the loan. This program is funded by tax increment financing and is available for properties located in the Downtown Development District #2. , F 400 City Hall, Duluth, Minnesota 55802 218/723 -3556 • 0 I] I IT: i T le. � !* IMF I I I,. 1 —0. 11, tmi rl [T� • _What the City Has to Offer. - - The City of Duluth hopes to improve the overall appear- ance of the downtown through its Storefront Renovation and Downtown Renaissance Loan pro- grams. Through the Storefront Renova- tion Program, an architect un er contract with the City will consult you and prepare preliminary drawings and cost estimates for improving your' storefront.', This service is free of charge and you are under no obligation. The Downtown Renaissance Loan Program prgvides low- interest financing for your storefront renovation improving your storefront, qualifies you for additional; low interest fi- nancing for: - skywalk improvements - exterior building repairs and cleaning - code - required improvements 0 Private, leasehold improve- ments can also be financed in an amount equal to the total spent on the "public- related" improvements listed previous - 1 y. Examples of "private" improve- ments include: - fixtures (i.e., shelving) - equipment (i. e. , cash regis- ters, lighting) building additions How the FkmwJ g Works.. . The City has made a pool of money available through local banks to be loaned at 3% an- nual interest for one half the qualifying loan amount. The other half of the loan amount would be funded at mar- ket rate from the participat- ing bank or privately by the loan applicant. A typical loan in early 1983, then, would carry a combined inter- est rate of approximately 8 %. The bank will determine the length of the loan up to 20 'years and service it. . The following local banks will be handling the loans for the City: First Bank - Duluth North shore Bank of Commerce Norwest Bank St. Louis County Federal First Federal Savings & Loan 0 Federal Tax Cm0 is With substantial rehabilita- tion of your property, you may qualify for federal in- vestment tax credits: 25% for qualified historic structures 20% for any building over 40 years old 15% for any building 30 -40 years old. The City will assist any in- terested property owner or tenant located downtown. (See map on back) To participate or learn more about the programs, contact: Thomas Cotruvo or Marshall Weems office of Business Development 723 -3556 RESOLUTION NO. 8017 RESOLUTION OF OFFER TO PURCHASE WHEREAS, the City of Hutchinson is seeking to obtain land to be utilized as the site for a Wastewater Treatment Facility, and; WHEREAS, the following properties have been considered as part of a suit- able site for construction of such Wastewater Treatment Facility: Boldt Property, legally described as: All that certain triangular shaped piece of land containing 51.13 acres more or less, lying south of the C.M. and St. P. Railroad right -of -way (as now located), in the southwest corner of the northwest quarter of Section 8 in T116N, R29W, together with all rights to road leading from said premises in a northerly direction to the public road, subject to easement granted to the Hutchinson Lighting and Manufacturing Company, said piece of land being the same as deeded to John Anderson by Warranty Deed dated September 17, 1917, signed by Christen J. Christensen and Marie Christensen, except the following described lands: Beginning at a point marked by an iron post on the west boundary line of section 8, T116N, R29W, which said point is 58.2 feet north of the south- east corner of Lot 8 of Auditor's Plat of Section 7 in said Township 116, which said plat is on file in the office of the Register of Deeds in and for said McLeod County; thence running S44 °39'E 213 feet to an iron post; thence running S52 °44'E 262 feet to an iron post; thence running S17 °44'E 123.6 feet to an iron post on the south boundary line of northwest quarter of said section 8; thence running westerly along the south boundary line of said northwest quarter of said Section 8 to the southwest corner of said northwest quarter of said section 8; thence running northerly along the west boundary line of said section 8 to place of beginning. Kadelbach Property, legally described as: A legal description for this property was not provided, but the land is a 100' wide strip of abandon railroad right -of -way on the southwesterly side of State Highway No. 22, and is in the NW 1/4 of Section 8, Township 116 North, Range 29 West. Schimmel Property, legally described as: A legal description for this property was not provided, but the land is the portion of the NW 1/4, SW 1/4 of Section 8, lying northeasterly of the Craw River and in Town- ship 116 North, Range 29 West. WHEREAS, the City of Hutchinson has caused such properties to be appraised by a qualified, certified appraiser, and; WHEREAS, said appraisals were conducted with the knowledge and permission of the owners of said properties, the owners of said properties being permitted to accompany the appraiser on his inspection of said properties, and the owners of said properties having been provided the results of said appraisals. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: RESOLtTfION NO. 8017 PAGE 2 That the Hutchinson City Attorney is authorized to offer to purchase said properties from the owners thereof for a price not to exceed the appraised fair market value thereof. Adopted by the City Council this 9th day of April, 1985. Robert H. Stearns Mayor ATTEST: Gary D. Plotz City Clerk s i (612) 587.5151 HUTCN' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST _ HUTCHINSON, MINN 55350 M E M 0 DATE: April 4th, 1985 TO: Mayor and City Council FROM: Director of Engineering RE: Utilities $ Service Road for Larry Bethke's Motel Project Attached is a petition for certain improvements to be made to provide water, storm sewer and service road to the above - referenced motel site. Inasmuch as, the petition is signed by 100% of the affected property owners, a public hearing will not be required. If approved, we could complete an Engineer's Report by April 23rd and action to proceed can be made at that time. MVP/PV attachment Marlow V. Priebe Director of Engineering PETITION FOR LOCAL IMPROVEMENT Hutchinson, Minnesota April 3rd, 1985 To the City Council of Hutchinson, Minnesota: We, the undersigned, being 100% owners of the frontage of real property adjacent to T.H. 7 from Les Kouba Parkway to 1040 feet East, hereby Petition for the property to be improved by watermain, storm sewer, grading, gravel base and curb and gutter and appurtenances, pursuant to Minnesota Statutes, Chapter 429. We hereby waive our right to a hearing, pursuant to Minnesota Statutes, Chapter 419, and agree to pay the cost of the improvements. 1 Signature of Owner Description of Property See Attached Description Marked "All See Attached Description Marked "A" • See Attached Description Marked "B" 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 ClerVJ • • EXHIBIT A Westerly Parcel, legally described as: That part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West, described as follows: Commencing at the south quarter corner of said Section 36; thence north along the west line of said Southeast Quarter a distance of 487.08 feet to the northerly right of way line of the Minnesota Western Railway Company, and the point of beginning of the land to be described; thence easterly, deflecting to the right 77 degrees 49 minutes, along said northerly right of way line, a distance of 1056.54 feet; thence northerly, parallel with said west line of the Southeast Quarter, a distance of 471.20 feet to the southerly right of way line of Minnesota Trunk Highway No. 7 and No. 22; thence southwesterly, along said southerly right of way line, to said west line of the Southeast Quarter; thence south, along said west line, a distance of 424.0 feet to the point of beginning. Except the west 33.00 feet thereof and except the east 769.00 feet thereof. 9 EXHIBIT B i Easterly Parcel, legally described as: The east 769.00 feet of the following described parcel of land. That part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West, described as follows: Commencing at the south Quarter corner of said Section 36; thence north along the west line of said Southeast Quarter a distance of 487.08 feet to the northerly right of way line of the Minnesota Western Railway Company, and the point of beginning of the land to be described; thence easterly, deflecting to the right 77 degrees 49 minutes, along said northerly right of way line, a distance of 1056.54 feet; thence northerly, parallel with said west line of the Southeast Quarter, a distance of 471.20 feet to_the southerly right of way line of Minnesota Trunk Highway No. 7 and No. 22; thence southwesterly, along said southerly right of way line, to said west line of the Southeast Quarter; thence south, along said west line, a distance of 424.0 feet to the point of beginning. E 0 q!4 -1 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT PROJECT NO. 85 -01 -39 Resolution No. 8014 P WHEREAS, it is proposed to improve T.H. 7 Best Service Road from Les Kouba Parkway to 1040 Feet East by the construction of watermain, storm sewer, grading, gravel base and curb and gutter and appurtenances, and to assess the benefited property for all or a portion of the cost of the improvement, Pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That the proposed improvement be referred to Marlow V. Priebe for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Clerk 0 Adopted by the council this 9th day of April, 1985. Mayor i i (612) 587 -5151 FCITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST HUTCHINSON, MINN. 55350 M E M 0 DATE: April 3, 1985 TO: Mayor and City Council FROM: Director of Engineering RE: Project 85 -01 -38 The plans and specifications have been completed for the above- referenced project. I recommend approval of same and set a bid date of April 30, 1985, as per the attached resolution. MVP /pv attachment Marlow V. Priebe Director of Engineering =1W RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS PROJECT NO. 85 -01 -38 Resolution No. 8012 WHEREAS, pursuant to a resolution passed by the council on March 26th, 1985, the City Engineer has prepared plans and specifications for the improvement of School Road from Carolina Avenue to Eighth Avenue and Eighth Avenue from School Road to 250' West by the construction of Sanitary Sewer, Watermain, Storm Sewer, Grading and Appurtenances, and has presented such plans and specifications to the council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official newspaper and in The Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be opened and considered by the council at 2 :00 P.M. on April 30th, 1985, in the Council Chambers of the City Hall, Hutchinson, Minnesota, and that no bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified cheek payable to the clerk for 10 per cent of the amount of such bid. Adopted by the council this 9th day of April, 1985. Mayor Clerk (612) 587.5151 HUTCH' C1 T Y OF HUTCHINSON 37 WA SHING TON A VENUE WEST HUTCHINSON, M /NN. 55350 M E M 0 DATE: April 4th, 1985 TO: Mayor and City Council FROM: Director of Engineering RE: Municipal State Aid Streets I have been studying our present system and recommend the following changes: 1. Route 105 - Oakland Avenue from T. H. 22 to Main Street should be removed from the system. No funds have been used on it because it is substandard in width for a state aid street. The total length is 0.38 of a mile. 2. We presently have 0.13 of a mile that could be added to the system 3. Add Hassan Street from First Avenue N.E. to Fifth Avenue S.E. to the system. This would utilize 0.47 of a mile that would be available. This would allow the City to use Municipal State Aid Funds for part of the construction of Hassan Street to help defray the City's cost for the frontage on the three City Parking Lots and Library Square. If this is acceptable, the attached two resolutions will have to be approved. MVP /pv • Marlow V. Priebe Director of Engineering Resolution No. 8018 RESOLUTION REVOKING MUNICIPAL STATE AID STREET 0 WHEREAS, it appears to the City Council of the City of Hutchinson, Minnesota, that the road herinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnsota Laws; NOW THEREFORE, BE IT RESOLVED, by the City Council of Hutchinson, Minnesota, that the road described as follows, to -wit: State Aid Route 105: Oakland Avenue beginning at T.H. 15 and extending along the centerline of Oakland Avenue to T.H. 22 and Main Street South beginning at Oakland Avenue and extending North along the centerline to T.H. 15, be, and hereby is, revoked as a Municipal State Aid Street of said City, subject to the approval of the Commissioner of the Department of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of the Department of Transportation for his consideration. Adopted this day of , 1985. 0 Mayor ATTEST: City Clerk 0 qL,- Resolution No. 8019 9 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREET WHEREAS, it appears to the City Council of the City of Hutchinson, Minnesota, that the street hereinafter described should be designated a Municipal State Aid Street under the provisions of Minnesota Laws of 1967, Chapter 162. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Hutchinson, that the street described as follows, to -wit: Hassan Street from First Avenue N.E. (State Aid Street No. 111) to Fifth Avenue S.E. (State Aid Street No. 108), 0.47 of a mile, be, and hereby is, established, located and designated a Municipal State Aid Street of said City, subject to approval of the Commissioner of the Department of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of the Minnesota Department of Transportation for his consideration, and that upon his approval of the designation of said street or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Hutchinson, to be numbered and known as State Aid Street No. 124. Adopted this day of , 1985. ATTEST: City Clerk 0 r REGULAR COUNCIL MEETING April 9, 1985 i WATER & SEWER FUND *State Treasurer *U.S. Postmaster Cleveland Cotton Products Hazard Control Inc. Kaman Bearing No. Central Sec.AWWA Petro Chem Inc. Penfield Inc. Am. National Bank Am. National Bank Brandon Tire Central Garage Coast to Coast Commissioner of Revenue Canada Life Assurance Co. Farm $ Home Floor Care Supply Fitzloff Hardware G & K Services Hutch Coop Hutch Leader Hutch Plbg $ Htg. 0 Hutch Utilities Johnson Super Valu Junker Sanitation Logis Mn. Mutual Life Ins. Mn. State Treasurer Treas, State of Mnn. Mn. Valley Testing McLeod Co. Sanitary Landfill RCM Rutz Plbg. $ Htg Sorensen Farm Supply State Treasurer U.S. Postmaster Water Products Co. CENTRAL GARAGE FUND *State Treasurer Cleveland Cottom Products AMI Mn Body & Equipment Co. Rockmount Research •Brandon Tire Coast to Coast Canada Life Assurance Co. Farm & Home GTC social security postage for water bills suppliesfor shop gloves parts registration fees chemicals appraisals interest 8 service fee principal,interest,fee repairs Feb. repair jobs supplies Mar. sales tax April dental ins. supplies cleaning supplies uniform rentals gasoline rate aaj. hearing part elec. & gas supplies refuse chargs computer charges Apr. LTD ins. exam fee analysis of water samples testing March dumping charges professional services Pipe parts PERA stamps meter social security shop supplies supplies supplies parts repairs supplies Apr. dental ins. supplies parts $ 419.47 122.95 76.00 55.00 83.24 110.00 1426.98 1050.00 14,277.50 59,567.50 6.00 1649.72 90.25 643.99 151.12_ 16.75 18.80 4.54 118.65 474.91 15.75 6.04 11,439.41 35.15 21,593.25 434.09 50.53 30.00 197.83 152.00 14.00 10,829.83 8.45 25.00 252.86 56.00 647.40 126,150.96 $ 69.20 38.00 44.39 30.18 114.08 60.92 4.17 23.79 7.11 936.20 Hutch Wholesale parts 376.16 M 1 -2- L $ P. Supply Co. Mn. Mutual Ins. Co. Plaza OK Hardware Plowmans Inc. Schmeling Oil Co. State Treasurer Wigen Chev. GENERAL FUND *Mn. State Treasurer *State Treasurer Gerald Braun Floyd Groehler Lloyd Christensen Harland Emans John Bernhagen Nancy Buss Jean Gray Quinten Larson Chris Schlueter Charles Bell George Field Roger Bakken David Erlandson John Gregor James Haasl Michael Hogan Charles Jones Michael Kirchoff Ronald Kirchoff Wm. Mattsfield Robert Ringstrom Scott Schwartz Scott Webb Wm. Wegner Richard Waage Dean O'Borsky Art Master B $ F Investment Beacon Products City of Hutch- perpetual City of St. Louis Park Express Photo Lab Holiday Day Inn King Motel Mid Central Fire Inc. Mn. State Armory Bldg. Mister Donut Mn. Good Roads Inc. T.J.Fixit Shop Up & Away Balloons USA Today Worum Chemical Co. care supplies Apr. life ins. supplies repairs $parts gasoline PERA parts boat registration fees Social security %safety shoes safety glasses refund building permit custodian fees compensation -back comp.$ bike seminar records school safety glasses instructor fees clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance clothing allowance 3.80 6.82 12.28 80.95 615.08 41.72 9.87 $ 2,474.72 stamps clothing allowance 8 meals clothing allowance clothing allowance office supplies library rental field lining compound transfer funds tree inventory computer film et.c hotel room for ice show supplies rent donuts 1985 dues repairs skating show 26 weeks subscription chemicals $ 160.00 2774.01 30.00 42.40 44.50 240.00 3110.00 32.80 262.16 46.00 24.00 125.00 150.00 175.00 ' 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 184.49 175.00 175.00 17.40 1200.00 375.00 100.00 525.00 24.69 63.22 24.00 216.30 320.00 19.09 90.00 5.00 69.00 39.75 310.42 -3- I =Allen Office Am. Welding Supplies Allen Precision Equipment Coast to Coast Coast to Coast Crow Chemical Central Garage Carr Flowers C. R. Vet Clinic Chamber of Commerce Copy Equipment Culligan Water Canada Life Assurance Co. Ericksons ERickson $ Templin Co. Treasurer Commissioner of Revenue Family Rexall Drug Farm & Home F1oorCare Supply Great Plains Supply GTC auto parts Fitzloff Hardware G & K Services' Hager Jewelry Hutch Coop Hutch Iron $ Metal ,,Hutch Leader Hutch Leader Hutch Utilities Hutch Wholesale Hutch Fire $ Safety Ink Spots Insurance Planners Jahnkes Red Owl Jerabek Machine Shop KDUZ Krasen Plbg & Htg. L $ P Supply Logis Mn. Mutual Life Ins. McLeod Cooper Power Assn. Midwest Bus. Products McGarvey Coffee N.W. Bell Olson Locksmith Plaza OK Hardware Popps Electrical Peterson Bus Service Pamida Quades State Theatre St. Paul Book $ Stationery Schlueter Refrigeration Schmeling Oil Co. office supplies supplies spray paint supplies supplies chemicals FEb. repair jobs flowers boarding fees office rental $ open supplies service & salt April dental insurance arena supplies snow removal DL fees for co. arena sales tax $ 46.24 10.35 41.34 70.78 38.38 15.60 5899.34 23.90 88.00 house 142.89 53.99 34.10 1557.43 4.83 2341.50 _42.00 508.61 supplies 106.27 supplies cleaning supplies supplies parts supplies uniform rental name plate gasoline supplies advertising ,hearing notices etc. electricity $ gas supplies repairs printing 131.21 99.85 54.91 19.52 86.50 418.95 4.50 4493.02 36.22 86.80 626.88 12,855.73 6.89 48.90 101.00 auxiliary outlet coverage 134.00 fire dept. supplies 31.27 pipe 12.44 enterprise proj. 180.00 parts 29.13 parts 51.25 computer charges 2924.45 April life ins. 514.07 electricity 833.69 supplies,: 180.03 coffee ' 53.60 lease line 326.50 repairs 52.00 equipment 354.47 parts 11.88 bus rental 170.00 supplies 31.15 repairs 57.40 april rental 325.00 supplies 104.33 repairs 36.95 fuel oil 133.52 -4- 16 Shopko Simonson Lbr. Co. Sorenson Farm Supply State Treasurer State Treasurer James Schaefer Town & Country Tire Tri County Water Cond UBC Xerox Corp. BOND FUNDS Library Debt Service 1st National Bank of Mpls. Library Construction Bonds McNerney Industries E.J. Pinske Bldrs. Krasen Plbg $ Htg. Pool $ Recreation Fund Hutchinson Leader Bonds of 1984 1st National Bank of Mpls. 1984 Parking Bonds 1st National Bank of Mpls. LJ supplies supplies supplies & equipment surcharges pera 31 april compensation repairs softener salt 'supplies contract payment interest est. #5 est. #6 est. #5 advertising interest principal & interest 11.15 18.30 483.00 480.09 3610.04 962.50 6.50 16.50 69.97 473.44 $ 55,849.28 32,850.00 7830.00 65,700.00 • 14,310.00 $ 87,840.00 20.65 41,462.50 56,800.00 ,._LIQUOR STORE FUND 'State Treasurer State Treasurer Twin City Wine Co. Quality Wine Co. Griggs Cooper $ Co. Ed Phillips & Sons Twin City Wine Co. Ed Phillips $ Sons Griggs Cooper & Co. Quality Wine &Spirits Co. Friendly Beverage Locher Bros Lenneman Beverage Inc. Triple G Dist. Junker Sanitation KDUZ Hutch Leader Family Rexall Drug City of Hutchinson Coast to Coast Hutch Utilities Hutch Fire & Safety Monarch Marking Quade Electric City of Hutchinson Northland Beverages Bernick Pepsi Cola `'Coca Cola Bottling Retail Data Systems American Linen Supply Co. Hutchinson Telephone Co. Henrys Candy Co. Ed Phillips & Sons Griggs Cooper Twin City Wine Co. • PERA Social Security wine $ liquor wine $ liquor wine $ liquor wine & liquor wine & liquor wine $ liquor wine & liquor wine & liquor beer beer beer beer refuse charges advertising advertising folders insurance $ due to letters $ filter electricity inspection door bell bulbs petty cash mix mix mix ribbons towels phone service cigarettes wine $ liquor wine $ liquor wine & liquor 166.63 276.42 2431.54 2039.80 2253.76 3175.14 3058.89 3541178 1236.12 1480.79 1905.15 7760.85 17,130.85 10,773.50 97.50 26.60 18.95 5.95 10,797.33 13.88 549.81 10.00 126.79 22.20 33.74 317.00 15.00 230.60 63.73 17.60 64.90 892.67 1307.35 1832.22 636.69 $ 74,311.73 (612) 587 -5151 HU�CN' CITY OF HUTCHINSON 37 WASHINGTON AVENUE WEST __ HUTCHINSON, MINN. 55350 April 4, 1985 FOR YOUR INFORMATION MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: HAZEL SITZ, PERSONNEL COORDINATOR s . RE: MEED EMPLOYMENT We have been advised by the State Employment Office that we may again request employees through the MEED (.Minnesota Emergency Employment Development) program. Accordingly, we have requested 4 such employees to begin work this spring. The MEED program pays all costs of employing eligible individeals for 6 months, during which time they are free to accept suitable long term employment elsewhere if it should become available. At the end of the 6 month period we have no obligation for continued employment or unemployment benefits. Established wage for the workers is $4 /hr. The engineering, street, and park departments will be making use of the program this year. Unless the legislature extends the funding, the program will end with this round of employment. I] 0 0 0 IL , TL i NAME EMPLOYMENT ADVISORY TO MAYOR AND CITY COUNCIL FOR YOUR INFORMATION DATE April 1, 1985 ADDRESS Diane Swanson JOB TITLE Receptionist /Cashier ' __ SUPERVISED BY Ken Merrill EMPLOYMENT STATUS X NEW EMPLOYEE FULL TIME PAY RATE Grade IV 547 Milwaukee, Hutchinson OTHER; X PART TIME OR SEASONAL Job Share COMMENTS Replacing Therese Hlavka who was employed in January and who has resigned due to her husband's transfer to an out of town position. Diane Swanson was our second choice in the interview process we completed in January. THE ABOVE PERSONNEL ACTION CONFORMS TO ADOPTED PERSONNEL POLICY AND TO THE COUNCIL APPROVED SELECTION PROCESS. 1("f 1�, m4i - DEPARTMENT HEA PERSONNET COORDINATOR CITY ADMINISTRATOR i m league of March 10, 1985 minnesota cities TO: Managers, Administrators, and Clerks FROM: Stanley G. Peskar, General Counsel. �j[,�� RE: Federal Fair Labor Standards �CCCC 61 '�/�l 6�i3 e //r. Attached is an explanation of the effects of the Garcia case on cities, at least to the extent we know them. No doubt, their will be much more written about this subject in the coming months. Congress may also begin to consider bills which would ameliorate the impact of FLSA on cities. However, any action by Congress will be glacially slow since they are preoccupied by other matters at this time. Additionally, there will be probably be strong union opposition to any proposed changes. Consider this matter carefully because you may want to change some work schedules and practices to avoid incurring overtime liability. Note also the volunteer impact. SP: 1W 1 B6 university avenue east, st. paul, minnesota 551 01 C6121227-5600 0 National 1301 Perx>SyNarmAvenue NW League Wash VW. D.C. of 20044 Cities (202) 626.3000 Cade: NLCRIES March 4, 1985 Officers P,es,anr George y tbrrowch Mayor. Clevalan 1.Oho Firer vice Pris dam Cool so" COW d P1e64001, New YOM Now York second Vice President Henry G. Der ores Mayor. Son Anlonre. Tows knmad'ra Past President Goes" LWMW Mayor, SL Paw, Minnesota Eaecte a Director Alan Beers EFFECT OF THE FAIR LABOR STANDARDS ACT ON CITIES Almost all city employees are now covered by the provisions of the Fair Labor Standards Act (FLSA), including the minimum wage and overtime requirements of that law, as _a result of the Supreme Court's ruling in Garcia v. San Antonio Metropolitan Transit Authority. The primary effect of this ruling is to require the a ent of overtime compensation to transit employees, police officers, and firefighters in certain circumstances. Additionally, all other city employees will be subject to various requirements of the FLSA. Several issues, such as whether new or revised regulations will be issued by the Department of Labor (DOL) to implement these provisions and whether the decision applies retroactively in any case, have not yet been clearly resolved and are likely to be the subject of additional litigation. In all likelihood, however, cities will be required to comply with the FLSA as of the date of the San Antonio ruling (i.e., February 19, 1985). In 1974, Congress extended the coverage of the FLSA to state and city employees and established special provisions for police officers and firefighters. DOL promulgated detailed regulations implementing the requirements of the FLSA. The regulations governing police officers and firefighters and all other relevant FLSA regulations were stayed by an order of the Supreme Court on January 10, 1975 to the extent that they affected state and local employees. On June 24, 1976, the Supreme Court, in National League of Cities v. Usery, prohibited the application o t e FLSA to certain categories of state and local employees, ruling that the Tenth Amendment of the Constitution, which reserves various powers to the states, precluded Congress from enacting laws on the basis of the Commerce Clause which interfere with employer- employee relations in areas of traditional governmental functions, including fire prevention, police protection, sanitation, public health, and parks and recreation. Past Prea/tlenn: Tam $radio% Mawr. Los Angeles. California • Ford L Nardson. Mayor. Scdund Neck. learn Camina • W41tam K NudnuL K Mayor. Mid Allow. kids" • Kerry W Mater, Maya. MJwaukee. WuCO I Jesate M. Rao!" Counc ilwoman. Newoort News. Virginia • Joi R Rausakla. Mawr Sawllnah. Gwrg,a • Choke Royal; Mayor. SO&Ms Wasfyngton • 0&90 rs: Art 'A��s",, Mawr. Nam, West Cog ,,a • Ron BanartnarL CJ :I Mamcer. 'Vari O sti 11,10mg1w • Roosrt R, GrrdrN, Etatwne DirKla. W'wmng Association of WrkcioauUes • Harry Cook ,aa .Mlember.Jacksonvaw,Honda•Joe W. Davis, Mara. eft Alaoama, James E Fe rgusaL Mw r Provo. Ulan •Donald Frner, Mayor. blrmesoohs. M+MMSaa• Tarry Goddard, Mawr, Pnoeti An=on • Ron Gonzales. Coanc,' Marren Sunnyvale. Ca,Jc•na • George 0. Goodman. E.ecw•ve Dve xv, kkch gan Mr ;OW League • Daniel E GrhaL Maya. Saran Ana. Callorn,a- Rkhrd GutMtsn. Jr., Co rice Ms,,,fler, Allesi Gearg,a • Rown W. Narpater. EraCwne Draaa. League a lows Munuoa,mes • DNaea Nudaen. Count: Mentor. Warronsowg, lili uw • Brarldan J. Kennedy, r Werman New &gam ConWww • stud Lat"ple, Valor. L3Tav* 1a. Lou,sw+a • Paul A, Lanz, Msvor A1l0n.:i4n0rS • Gelid MCCann, Maya Jera1V Oly. Vow Jrsey • Brian J. 074s01. Court,l Memoir. PhWelpna Pennsylvania • Pamela P. Plumo. Coun Fornanc Maine • Rune N. Scott. Co A kaelnoer AWVVr. New VOrk • James W. SegaL Erecwwe bwamo.. ManaCrluMlria Mu Cosa AesoGargn • Lords Sn.cnKOrd. C.N V,,eC!W. I , e Fxk. Arkansas • Rsymond C, Sing, Evecwr:e Dwecrcr. %rich Leagquuee of Cabs • Donald A. S^I_N��,-. cnew,ve Mroctor, League of M,nnesda CAes • Conauab S. Thompson. Mayo, Esaanaa. New Me-,..- • Minion C. Trosck � lvo' Pro Tem. Char,ons. Nonni Caro: na • Donald Tuck,, Cou0Ca M*rn"i% Newark New :lersay • Thom s 1z, Whits, Council Memoer. Gaeenoa,t. Mary.ano • Lows Zapata, C� Men,oer Fort Worm. Teus Page 2 That case left several important questions to be litigated, including which categories of state or city employees, because they are not engaged in traditional governmental functions, remained subject to the requirements of the FLSA. In 1979, DOL promulgated regulations which became effective on December 21, 19791 specifying certain functions of state and local government as nontraditional, effectively extending the requirements of the FLSA to state and local employees engaged in a variety of functions. As a result, state and local employees engaged in activities relating to the operation of local mass transit systems, liquor stores, off -track betting, and state or municipally -owned power or telephone systems; the production of fertilizer as a by- product of sewage processing or agricultural commodities; and the repair and maintenance of boats for the general public were determined by DOL to be subject to the FLSA (29 C.F.R. Secs. 775.2 -.4). Following that DOL ruling, several lawsuits were initiated by transit employees and DOL in an attempt to establish that the provisions of the FLSA could be applied to transit employees under National League of Cities v. Usery on the ground that mass transit is not a traditional governmental function. The Supreme Court accepted the San Antonio case for review and subsequently decided to reconsider its original ruling in the National League of Cities case. In ruling in the San Antonio case, the Supreme Court completely overruled National League of Cities, effectively reinstating all the provisions of the FLSA with respect to state and local employees, including those engaged in traditional as well as nontraditional functions. Thus, all cities should undertake a complete review of their employment practices to determine the extent to which they are not in conformity with the requirements of the FLSA. The major provisions of the FLSA which apply to cities include the minimum wage and overtime provisions and a number of reporting requirements. In virtually all cases, cities are in compliance with the minimum wage provisions; however, many cities are not in compliance with the overtime provisions and the reporting requirements of the FLSA. Additionally, in those states (e.g., Michigan) in which state law requires compliance with overtime provisions comparable to or identical to those of the FLSA, cities should already be in compliance with most of the requirements of the FLSA. It is important to note that regulations implementing various provisions of the FLSA were issued by DOL in late 1974, including regulations of special concern to cities, such as those governing overtime pay for police officers and firefighters. These . regulations have applied to the private sector and the Federal Page 3 Government (e.g., federal police officers and firefighters) for a number of years and are likely to be applicable to state and local employees. While these regulations are not likely to be applied retroactively with respect to state and local employees engaged in traditional functions, the impact on state and local employees engaged in nontraditional functions, especially those functions determined by DOL in its 1979 regulations to be nontraditional (e.g., mass transit employees) is less clear. Because the San Antonio case has been remanded to federal district court, the effective date of the San Antonio ruling may be the subject of further litigation. EMPLOYEES COVERED BY THE FLSA The FLSA, originally enacted in 1938, was amended in 1974 and specifically extended to state and local employees. Any individual, including both full and part time employees, employed by a state or local government (or an interstate governmental agency) is subject to the FLSA unless exempt by some other provision of the law or exempt under section 3(2) (c) of the FLSA which exempts any state or local employee who: (1) is not subject to the civil service laws of the state or city: and (2) is an elected official, a member of the personal staff of an elected official, an appointee of an elected official serving "on a policymaking level," or an "immediate adviser" to an elected official regarding the "constitutional or legal powers" of the official's office (29 U.S.C. Sec. 203(e)(2)(C)). 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 certain seasonal workers from various provisions of the FLSA. Exemption for Executive, Administrative, and Professional Employees Section 13(a)(1) 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 regulation (29 C.F.R. Secs. 541.101- .602). 11 Page 4 . 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 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 recommendations with respect to firing and hiring (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 (or $250 in the case of teachers and school administrative personnel) and his or her primary duties must: (1) consist of nonmanual work directly related to management policies or business operations or administrative work or teaching at a school; and (2) involve the exercise of discretion or independent judgment Additionally, in order to qualify as an administrative employee, an employee must: (1) assist an executive or administrative employee; (2) perform only general supervision along specialized lines; or (3) execute specialized assignments under only general supervision (29 C.F.R. Sec. 541.2). C. Professional Personnel In order to qualify as a "professional" employee, an employee must earn at least $170 per week and his or her primary duties must consist of: (1) work requiring advanced knowledge of the type acquired through specialized study (e.g., accounting, law, medicine); (2) original or creative work involving "artistic endeavor;" or (3) teaching. Additionally, the employee's work must: (1) require the exercise of discretion; and (2) be intellectual and varied in nature and involve output which cannot be measured on the basis of standardized units of time (29 C.F.R. Sec. 541.3). Exemption for Certain Seasonal Employees Section 13(a)(3) exempts employees of recreational or amusement establishments which operate primarily on a seasonal basis (e.g., outdoor swimming pools, ice skating rinks) from the minimum wage and overtime requirements of the FLSA in cases in which the establishment does not operate for more than seven months of a calendar year or the average receipts earned during a six -month period of the prior calendar were one -third or less of its average receipts for the other six -month period of that calendar year (29 U.S.C. Sec. 213(a)(3)). . Page 5 MINIMUM WAGE PROVISIONS Section 6(a) of the FLSA requires that all covered employees receive a minimum hourly wage of $3.35 (29 U.S.C. Sec. 206(a)). An employee, however, may be paid on a weekly, monthly, or some other basis as long as the employee receives $3.35 for each hour actually worked. For example, if the employee is paid on a weekly basis but works fluctuating hours, compliance with section 6(a) will be determined by dividing the weekly wage by the number of hours actually worked in a particular week. OVERTIME PROVISIONS Section 7 of the FLSA requires that an employer pay employees who work in excess of a minimum number of hours in the applicable work week or work period on a time and a half basis for all hours in excess of the number.of allowable hours (29 U.S.C. Sec.- 207). As a general rule, the relevant work period is the seven -day work week and overtime compensation must be paid for work in excess of 40 hours in a particular work week (29 U.S.C.-Sec. 207(a)). However, a longer work period may be utilized for public safety employees (e.g., police officers, firefighters) (29 U.S.C. Sec. 207(k)) and hospital and similar employees (29 U.S.C. Sec. 207(j)) if the city follows specific procedures established by the FLSA. If these procedures for establishing a longer work eriod are not followed, all city employees covered by the FLSA, including firefighters and police officers, must be paid overtime rs wor Regular Rate urs in a particular week. Overtime pay is calculated by multiplying the employee's "regular rate" by one and a half times the number of overtime hours worked. The regular rate is defined as the rate per hour (29 C.F.R. Sec. 778.109) paid for normal nonovertime work (29 C.F.R. Sec..778.108). In cases in which the employee is paid on a weekly basis, the regular rate is determined by dividing the weekly salary by the number of hours in the employee's regular work week (29 C.F.R. Sec. 778.113). Section 7(e) of the FLSA (29 U.S.C. Sec. 207(e)) excludes certain payments from the regular rate, including: (1) gifts (29 C.F.R. Sec. 778.212); (2) payments made for periods during which no work is performed (e.g., vacation days, sick days) (29 C.F.R. Secs. 778.216 - .224); (3) bonuses paid in recognition of services performed during a certain period (29 C.F.R. Secs. 778.208- .213); (4) payments made for fringe benefits (e.g., retirement plans, Page 6 • health insurance, life insurance) (29 C.F.R. Secs. 778.214 -.215; (5) extra compensation resulting from the payment of premium rates for work in a day or work week because the hours worked are in excess of eight a day or regular working hours (29 C.F.A. Secs. 778.201 - .202); (6) extra compensation resulting from the payment of premium rates for Saturdays, Sundays, or holidays (29 C.F.R. Secs. 778.203, .205, and .206); and (7) extra compensation resulting from the payment of premium rates under a contract or collective bargaining agreement for hours in excess of the normal work day (a normal work day may not exceed eight hours) or work week established in the contract or agreement (29 C.F.R. Secs. 778.201 and .206). If a payment to an employee does not fall into one of section 7(e)'s exclusions, it must be considered in The last three exclusions are also important because any compensation paid at premium rates in accordance with those provisions may be credited toward overtime compensation re uired b section 7 (29 U.S.C. Sec. 20(h)). For example, it a city is- required un er a collective bargaining agreement to pay premium rates for certain hours (e.g., an agreement with a transit union requiring the payment of premium rates during certain hours of a split shift), those extra payments may be used to reduce the i employer's, liability for overtime compensation. Section 7(f) provides a narrow exception under which the regular rate is not calculated by dividing the amount of compensation paid by the number of hours worked (29 U.S.C. Sec. 207(f)). The exception is for guaranteed compensation agreements, established either by individual contract or a collective bargaining agreement, which guarantee the payment of a specific amount of compensation regardless of the number of hours actually worked in a particular work week. This exception may be used only in cases in which the employee's duties necessitate irregular hours (e.g., troubleshooters) and his or her hours fluctuate from week to week for reasons which are beyond the control of either the employer or employee. In these cases, the employer may pay a guaranteed weekly salary on the basis of as many as 60 hours of work; for purposes of determining overtime compensation, the regular rate, however, may be calculated on the basis of a 40 -hour week even though the employee's guaranteed compensation is actually for a greater number of hours (29 C.F.R. Secs. 778.321 -.329 and .308 - .315). 0 0 E E Page 7 Determination of the Applicable Work Week or Work Period A. Regular Employees For regular workers, the maximum number of allowable hours which may be worked before overtime must be paid is 40 hours per week under section 7(a) of the FLSA (29 U.S.C. Sec. 207(a)). This standard will apply unless a different work period is properly established under section 7(j) for hospital workers or under 7(k) for public safety employees. In all other cases, overtime pay will be calculated on the basis of a 40 -hour work week. The work week is a fixed and regularly recurring period of 168 hours (i.e., seven consecutive 24 -hour periods) which may begin on any day of the week or at any hour of the day (29 C.E.R. Sec. 778.105). Because each work week stands alone, the number of hours worked over two or more work weeks cannot be averaged (29 C.F.R. Sec. 778.104). For example, an employee who works 30 hours in one week and 50 hours in the following week must be paid for 20 hours of overtime in the second week despite the fact that the average number of hours worked during the two -week period is 40 a week. B. Public Safety Employees Section 7(k) establishes complicated procedures allowing for the establishment of work periods which are longer than the seven -day work week for public safety employees of a state or local government in recognition of the special scheduling problems for firefighters and law enforcement personnel (29 U:S.C. Sec. 207(k)). Additionally, section 13(b)(20) excludes from the overtime provisions of the FLSA firefighters or law enforcement personnel in cases in which the city has fewer than five full or part time firefighters or fewer than five full or part time Police officers (29 U.S.C. Sec. 213(b)(201). Public safety personnel include employees engaged in firefighting and law enforcement activities. The limited exemption of section 7(k) is not available in cases in which public safety services are provided to the city under a contract with a private organization. Firefighters are defined as employees of an organized fire department who have been trained and have responsibility for the prevention or control of fires and have responsibility for incidental functions, such as housekeeping, equipment maintenance, and inspection (29 C.F.R. Sec. 553.3). Rescue and ambulance service personnel may also be treated as fire protection personnel in cases in which they perform functions which are integrally related to the department's fire protection functions. Page 8 Law enforcement personnel are defined as members of a body of officers who are empowered to enforce laws, have the power of arrest, and have undergone (or are undergoing) on- the -job training or similar instruction (29 C.F.R. Sec. 553.4) and may include personnel who work in correctional institutions. Not covered by this term are such personnel as dispatchers, civilian parking checkers, health inspectors, and building guards. Under section 7(k), work periods of 28 consecutive days with tours of duty which do not exceed the lesser of 216 hours or the average number of the hours in tours o uty for firefighters and law enforcement personnel as calculated by DOL may be established for firefighters and law enforcement personnel (29 U.S.C. Sec. 207(k)(1)); additionally, shorter work periods (which may not be for fewer than seven days) may be established by an employer as long as the aggregate hours of tours of duty are reduced proportionally (29 U.S.C. Sec. 207(k)(2)). 11 A work period refers to an established or regularly recurring period of work. Once the beginning time of an employee's work period is established, it must remain fixed. Different work periods may be used for different employees or groups of employees (29 C.F.R. Sec. 553.160. For example, different work • periods should be established for police officers and firefighters. Similarly, different work periods may be appropriate for different categories of police officers or firefighters. In 1983, DOL issued a "rule - related notice" establishing lower maximum allowable hours in a work period than the statutory standard of 216 hours (48 Fed. Reg. 40,519, Sept. 8, 1983). These changes were made to reflect the results of a DOL study, mandated by the FLSA, to determine the average number of hours in tours of duty for federal, state, and local public safety personnel. As a result of these changes in the regulations, the maximum allowable work periods before overtime compensation must be paid are 212 hours per 28 -day period for firefighters and 171 hours Der 28 -dav Deriod for Dolice officers. The maximum number of allowable hours in work periods of particular lengths before overtime compensation must be paid to public safety personnel for additional hours have been calculated by NLC as follows: 0 Page 9 Work Period (days) Maximum Hours in Work Period Firefighters Police Officers 28 212 171 27 204 165 26 197 159 25 189 153 24 182 147 23 174 140 22 167 134 21 159 128 20 151 122 19 144 116 18 136 110 17 129 104 16 121 98 15 114 92 14 106 86 13 98 79 12 91 73 11 83 67 10 76 61 9 68 55 8 61 49 7 53 43 The work period must be at least seven days in duration to qualify for the limited exemption of section 7(k). Otherwise, the city will be subject to the requirements of section 7(a) which limits the work week to 40 hours. For example, a three -day work period for firefighters (e.g., alternating periods of 24 hours on duty and 48 hours off duty) would not qualify for the limited exemption provided by section 7(k). The city would be liable for eight hours of overtime pay per week in the two weeks in which the firefighter works two shifts totalling 48 hours a week and for 32 hours of overtime pay every third week when the firefighter works three shifts totalling 72 hours (i.e., when three 24 -hour shifts fall in a single seven -day period). To avoid liability in this situation, a city could establish a 19 -day work period as follows ( "x" represents on duty hours and "o" represents off duty hours): Day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 x o o x 0 o x o o x o o x 0 o x o 0 0 Under this arrangement, a firefighter would work 144 hours in a 19 -day period, the maximum allowable number of hours. Page 10 A firefighter or a member of the police force may perform work which is not related to fire protection or law enforcement activities. However, if more than 20 percent of a particular employee's work hours are spent on unrelated activities, the city will not qualify for either section 7(k) Is limited exemption or section 13(b)(20)Is blanket exemption for cities with fewer than five police officers or firefighters and will be required to pay overtime on a time and a half basis for any hours worked in excess of 40 hours in any of the weeks during the affected work period (29 C.F.R. Sec. 553.5). Furthermore, if the employee also works for another department or agency of the city (e.g., a firefighter who is also a clerk in the city health department) performing work which is not related to fire protection or law enforcement, the city will lose the right to use section 7(k)Is limited exemption. Volunteers. Individuals engaged in fire protection or law enforcement activities on a volunteer basis will be treated as employees for purposes of the FLSA if they are paid more than a nominal amount (i.e., payments in excess of $2.50 per call unless the volunteer incurs additional expenditures, such as travel costs) for their work (29 C.F.R. Sec. 553.11). Thus, both the minimum wage and overtime provisions . of the FLSA would be applicable to volunteers who receive a� certain amount of compensation for their work. Compensable hours. Compensable hours of work include: (1) any time during which the employee is on duty or on the employer's premises; (2) time spent away from the employer's premises under conditions which prevent the employee from using the time for personal activities (e.g., a police officer required to remain at home until summoned to testify in a pending court case) (29 C.F.R. Sec. 553.14); and (3) sleeping and meal time in cases in which the employee is on duty for 24 hours or less (sleeping and meal time may be excluded from compensable work time only in cases in which the employee is on duty for more than 24 consecutive hours (a very unusual practice) , agrees to the exclusion, and the exclusion does not exceed eight hours in a 24 -hour period) (29 C.F.R. Sec. 553.15). Trading time. An employer is required to pay overtime for additional hours worked in a work period as a result of "trading time" among employees (i.e., one employee substitutes for another during that person's regularly scheduled hours) unless: (1) the trading of time is done voluntarily by the employees and not at the request of the employer; (2) the trade is not made for reasons related to the employer's business operations; (3) the employer maintains records of all time traded by employees; and (4) the time is traded and paid back within a 12 -month period (29 C.F.R. Sec. 553.18). 0 0 Page 11 Comp. time. Overtime hours must be paid for in cash rather thaA in additional time off (i.e., "compensatory time") (29 C.F.R. Sec. 553.19) C. Hospital Employees Section 7(j) of the FLSA establishes a limited exemption for employees engaged "in the operation of a hospital or an establishment or institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective" (29 U.S.C. Sec. 207(j)). Under this limited exemption, a work period of 14 consecutive days may be established by agreement between the employer and the employee for purposes of computing overtime pay. If such an agreement is established, overtime must be paid on a time and a half basis in any case in which the employee works more than eight hours in a work day or 80 hours in a 14 -day work period. RECORD KEEPING Section 11(c) requires every employer who is subject to any of the FLSA's provisions to maintain employee records, including the wages paid and hours worked (29 U.S.C. Sec. 211(c)). Additionally, covered employers must submit any reports which DOL determines to be necessary in conjunction with its enforcement responsibilities. The records which an employer must maintain are described in more detail in the Code of Federal Regulations (29 C.F.R. Secs. 516.1 -.10). Additionally, DOL is entitled to enter and inspect places of employment for purposes of determining whether the FLSA has been violated (29 U.S.C. Sec. 211(a)). ENFORCEMENT An employer who willfully violates the minimum wage or overtime provisions of the FLSA may be fined up to $10,000 (29 U.S.C. Sec. 216(a)). In cases in which the employer has been convicted on at least one prior occasion of a violation of those provisions, he may also be imprisoned for up to six months. An employer who has violated either the minimum wage or overtime provisions of the FLSA is required to pay the affected employee (or employees in class actions) in court cases initiated by an employee or employees under section 16(b) of the FLSA: (1) the unpaid minimum wage or the unpaid overtime compensation; (2) an equal amount in the form of "liquidated damages;" and (3) attorney's fees and other costs (29 U.S.C. Sec. 216(b)). Additionally, the court may.grant other relief . as appropriate, including reinstatement, promotion, and the payment of wages lost. Page 12 0 The right of an employee to bring a court action against an employer automatically terminates in cases in which DOL: (1) brings an injunctive action in court under section 17 of the FLSA (29 U.S.C. Sec. 217) to prevent delay in the payment of minimum wages or overtime compensation (29 U.S.C. Sec. 216(b)); or (2) brings an action to recover the amount of unpaid minimum wages or unpaid overtime compensation and an equivalent amount as liquidated damages (29 U.S.C, Sec. 216(c)). i 0 Ki JnM J. etr.hgen 16121 SV -7232 otrr D. nm. Cb Admin — 16121387-5151 90ARD OF DIRECTORS Rea. Rould ). McGra. Annrney a La we Pm. Anhw L. Colter hea.kw Fw NwwrW Bank 1,\. 7m . Ch.1 B. Piety CM1W PUN. A,-M P.nner. Duwa.w Perer..n dr Cu. T.A. 1812 i Burwh Ea. V P. Cohen. Bank aw FN4 Cr). T,. Mypyp C P.. GxrA !),niter -!A tM MIF & Sim. ln.'. DuF A. F d, Firv.4 Fed. kaun A..'■ " 4.ne)ka w M S I..A. D,Jr%1 all Hutchinson Community 4'. Plopment Corp. 45 son,Minne Ave. 350 Hutchinson, Minnesota 55350 Feb. 11, 1985 Community Development Corp. meeting at Ron McGraw's Law Office Present,& Art Cooper, Tom Daggett, Chad Piehl, Glen Matejka, Gary Plotz, Mark Myers, Buzz Burich 1. Art Cooper stood in for Ron McGraw as acting president during the session. 2.-Art Cooper told the group that both projects under consideration at the current level would run Hutchinson's limits over the available allotment of IRB's. (Victorian Inn and Americ -Inn) 3. For informational purposes the group discussed the snag on the downtown Hotel redevelopment project by Frank Fay. 4. Under new business A. The committee discussed the issue that projects follow the criteria for issuance of Industrial Revenue Bonds. B. All projects must submit a letter from financial institutions. C. Board members were told that John Bernhagen would go before the Hutchinson City Council at their meeting Feb. 11th on behalf of the projects which are requesting funding. D. Motion - made by Glen and seconded by Buzz -- reccommend approval of Larry Bethke's request for $1.4 million dollars in industrial revenue bonds. BOARD APPROVED. E. Motion - made by Buzz Burich and seconded by Glen Matejka -- recommend approval of Ameri, -Inn project at a level of 80- percent of construction cost... or up to 100- percent of construction costs subject to adequate personal guarantees as determined by the EXY City auditor's findings. BOARD APPROVED. F. Art Cooper is composing a letter to be sent to both project developers. G. Board members noted the next regularly scheduled meeting is set for March 7, 1985 at 7 a.m. at the Chamber meeting room. Buzz Burich will be absent that session.Art Cooper will also be absent. H. Possible agenda item next time is a sign for the industrial park area. I. Concerning the over use of IRB's. A note from John explained for the board that White Bear Lake and Minneapolis would probably be able to reallocate some IRB use to Hutchinson which was lent to those cities in 1984. 0 MINUTES Hutchinson Fire Department - Officer's Meeting Monday, March 11, 1985 Chief Henke called the meeting to order at 9:05 p.m. FOR YOUR INFORMATION Assistant Chief Popp recommended all officers to attend the seminar by the Phoenix Fire Chief. Anyone else who wants to attend will have to pay their own way. There was a discussion as to whether 11235 should be taken on rescue runs. No decision was made. Tim Schloeder stated he was planning to have the boat & trailer sandblasted and painted. Mike Monge and Tim Schloeder talked about changes of radios on the trucks. Motion was made and seconded to purchase available radios from the Police and install where needed. Motion passed. Chief Henke stated he has =asked the City to consider a Full -Time Chief. The meeting was adjourned at 10:25 p.m. Respectfully submitted, Mark A Christensen Secretary MINUTES Hutchinson Fire Department - Regular Meeting Monday, March 11, 1985 FOR YOUR INFORMATION Ah The meeting was called to order at 7:59 p.m. The minutes of the previous meetings were read and approved. Chief Henke reported that plans were going well for the banquet. There was a discussion whether we should hire a band or not. A motion was made and seconded to eliminate the band for this year's banquet. The motion failed. A motion was made and seconded to join with the other groups and share in the cost of the band. Motion carried. The following runs were allowed paid from their proper accounts: 2/8 Homeier 2/11 Drill 2/11 Tewes 2/12 Tewes 2/20 Jansen 2/28 Paulsen Brad Emans reported on the cable television situation. We will be getting a letter from the cable company regarding their new policy. Chief Henke stated that the air system at the station and its problems have been turned over to the City Attorney. He also reported on the outcome of the Town Board meeting. Chief Henke reported that Kimball wants to sell the fire truck we believe was previously ours. It will be researched further if it is and if we should consider buying it. There was discussion on SCBA and what was felt we needed to purchase to keep in line with our needs. A motion was made and seconded to purchase 4, 2.2 Scott Air Packs, 2 from the Rural and 2 from the City, equipped with covers. Motion passed. Chief Henke reported that Gus Welter was at the last Relief Assn. meeting and discussed the possibility of going to lump sum benefits. The auxiliary wants to know what we need for our kitchen. Marlin Torgerson stated we should watch for auctions. Motion was made and seconded to allow Marlin to purchase items needed and be reimbursed. Motion passed. Chief Henke stated, we will be required to sign forms to allow the Hutch Hospital to draw blood from us for department reasons. It will be brought up later. The meeting was adjourned at 9:34 p.m. Respectfully, Mark A. Christensen Secretary 0 MINUTES Hutchinson Fire Department - Town Board Meeting Thursday, February 21, 1985 FOR YOUR INFORMATION The meeting was called to order at 8:14 p.m. The minutes of the pre- vious meetings were read and approved. The report to the Town Board was covered by various members of the Fire Department and Ken Merrill from the City. Gary Henke made his report on the 1985 Budget. Also, Brad Emans made a report on the progress of the new Rescue Truck. A motion was made and seconded to leave the 3/4 mil levy for 1985. Motion passed. There was a motion and second to commend the Fire Department for its fine job. The motion passed. The meeting was adjourned at 10:31 p.m. Respectfully, Mark Christensen Secretary ATTENDANCE Wayne E. Oliva Hassan Valley Melvin Kobow Hassan Valley Leon Nelson Hassan Valley Jim Knutson Lynn Stan Droege Ellsworth David Ondracek Hutch Twp. Rueben Barker Ellsworth Roy Wendlandt Boone Lake Eugene Barrick Ellsworth Roger Zummach Cedar Mills Richard Zavoral Hassan Valley Martin Schlueter Cedar Mills Dwayne Piehl Hutchinson Bev Wangerin Acoma Marvin Luke Ellsworth Willard Karl Boon Lake Virgil Goetz Acoma Ed Duesterhoeft Lynn Bernice Baumetz Lynn Bill Arndt Lynn Darlene Karg Collins Donald Dettman Acoma Harvey Schlueter Cedar Mills Herman Hoff Cedar Mills Rodney J. Schmeling Cedar Mills Donna Wahl Hutch Township Esther Christensen Hutch Township Bob Fratzke Hassan Valley MINUTES OR Y01/'? rr pp Hutchinson Fire Department - Relief Assn. ,�rQ/I n 7 Monday, January 21, 1985 �ry "ON* President Smith brought the meeting to order at 7:02 p.m. A motion to buy steaks for all association members at the annual meeting was passed. A motion was made and passed to accept James Popp and Clark Schwantes to the Relief Association. Steve Schramm announced that Gus Welter is coming out for a workshop on February 25 at 6:30 p.m. A motion was passed to pay him $25.00 per hour. The meeting was adjourned at 7:16 p.m. Randy Redman Secretary i MINUTES Hutchinson Fire Department - Relief Assn. Workshop Monday, February 25, 1985 FOR YOUR INFORMATION President Smith opened the meeting at 6:45 p.m. He introduced Gus Welter and discussion began on annuity vs. lump sum. A major object would be for the association to buy out the now existing members that are now receiving annuity payments. Lump sum recipients can use an IRS form 4972 to average out the tax on a lump sum over ten years. A question was brought up as to whether you have a choice to take the buy -out or continue on annuity payments. Gus said that you can change from annuity to lump sum by changing your bylaws.._ Discussion ended at 8:50 p.m. Randy Redman Secretary U THE 1R=HLNSDN SAFEPY COWKIL The Hutchinson Safety Council met February 26. 1985 at 12 :00 Noon at the Fire Hall. There were 16 members and 2 guests present. President Gale Boelter opened the meeting with a moment of silent prayer. The January minutes were approved by motion. President Boelter said he and the secretary would develope an agenda for future meetings. Chamber of Commerce executive vice president Mark Myers was introduced to council members. He informed members that the Chamber's agri - business committee was setting up an informations booth at the Hutchinson Mall in conjunction with an "Ag Days" event. The theme would be farm safety, and he asked that safety council members volunteer to work at the booth if at all possible on Saturday, March 2nd or Sunday, March 3rd. The booth would be utilizing farm safety filmstrips urdered thru the Minnesota Safety Council's office. In addition, brochures regarding various safety topics would be available at the booth. President Boelter read the newsrelease regarding the hazzards of transporting wood chunks on Minnesota highways that had appeared in the Hutchinson Leader recently. It was provided to the Leader by the Safety Council. In order to facilitate meeting organization President Boelter asked council members to write down suggestions as to what they would like to see done at future meetings, and to turn these suggestions in at the end of the meeting. Les Smith explained to members that he had recently talked to a highway transportation patrol officer regarding the format for the 65 year plus safe driving classroom inatrIACtion program, and had been told that the State had not completed development of it yet. He suggested inviting this officer to a future meeting whenever the information became available Eileen Torry from the local motor vehicle office also explained that she had been receiving many inquirieis regarding this topic and would appreciate being informed of the classroom instruction program whenever it became available. Marlin Torgersoz expalined to council members about the ongoing battle the city council was having in dealing with the Minnesota Department of Transportation in obtaining the installa- tion of a stop and go light at the intersection of Hwy. 7 West and School Road. He suggested that a letter from the Safety Council might help the situation somewhat. In discussion it was suggested by Myron Johnson that a letter to our area legislative representatives regard - ing the problems might be more helpful than writing to the state transportation office. The president and secretary will follow -up on this issue. Guy Field brought up the topic of sponsoring a county fair booth. He recommended a coopera- tive effort with the Farm Bureau, and to work with them in presenting farm safety demonstra- tions. He expressed his willingness to pay for the booth himself if the council felt its funds were inadequate. Larry Ladd informed members that the balance in the saving: account had been earned in the past through Special projects and was available for use at the fair. Les Smith suggested contacting Eric Smith on the Fair Board to find out what spaces were available and what they would cost. Guy Field volunteered to investigate and report at the next meeting. Myron Johnson suggested showing a video tape of CPR instruction at the March meeting, and it was felt that if no speaker were available from the State regarding the 65 plus safe driving program we should have the video scheduled. The March meeting of the Safety Council was scheduled for Monday, March 25, 1985 at 12 :00 Nood"at the Fire Hall. Meeting adjourned by motion. Submitted by: Gale Boelter, President Carol Haukos, Secretary /Treasurer TREASURER'S REPORT: Balance on Hand as of 2/1/85: 4215.17 Deposits: None 0.00 Disbusroements: MN Safety Council 25.00 Balance on Hand as of 2/28/85: 4190.17 iSavings Account Balance as of 2/28/85: $147.97 PIONEIR AND LIBRARI SYSTEM BOARD MEETING March 11, 1985 Present: James Phalan, Graceville Lois Anderson, Maynard Steve Boehlke, Montevideo Bayne Hebrink, Renville Rebecca Huseby, Pennock Orlynn Mankell, low London Lilah Buhr, Stewart Kathleen Kubasch, Winsted Milo Kubaech, Winsted C. Alvin Johmon, Litchfield Jeanne Lundstrom, Cosmos Howard Tuck, Kay Frederickson, Murdock John Langan, Danvers Curtis Johnson, Appleton Laurie DeMarce, Benson Lloyd Larson, Dawson Lionel Barker, Glencoe Albert Linde, Hutchinson Shirley Schutt, Xerkhoven Delores Condon, Litchfield Judy Oestreich, Litchfield Linda Ulrich, Renville Sam Malone, Willmar LeRoy Sanders, Willmar Burton L. Sundberg, Director Robert Bosse, Associate Director Kathy Matson, Associate Director Absent: Stan Jacobson, Granite Falls* Jean Stranberg, Atwater Dallas Lundstruaa, Bird Island* Angelyne Montomye, Oraceviller* John Horrocks, Hutchinson* Anne Maguire, Madison* Gladys Nelson, Ortoaville Jeanette Buchanan, Willmar*- *Xatcused absence FOR YOUR iNFORMATI ON Representing: Big Stone County " Chippewa County ' Chippewa County " Xandiyohi County ' Xandiyohi County " Kandiyohi County ' McLeod County ' McLeod County " McLeod County ' 'Meeker Canty • Meeker County " Meeker County ' Swift County ' Swift County " Appleton ' Benson • Dawson ' Qlencoe " Hutchinson " =erkhoven " Litchfield " Litchfield " Renville " Willmar " Willmar Representing: Chippewa County " tandiyohi County !' Bird Island • Gracaville " Hutchinson " Madison ' Ortonville • Willmar The Pioneerland Library System board meeting was called to order at 7 :40 p.m. by Chairman Sanders. Manksll/Larson moved to approve the minutes of the February 11 Zxecutive Committee meeting. Carried. C. Johnson/Ulrich moved to accept the treasurer's report. Carried. Kathy Matson distributed the statistical reports for January and February. Clippings from area newspapers were circulated. 0 Hebrink/Boehlke moved payment of bills. Carried. Condttes and project updates: a. SAM?aZ -- Jean Marie Voiles of St. Paul has accepted the position of coordinator. She will begin work ;4 time on April 1 and full -time on May 1. b. Sector is joining the system April 1 with an open house scheduled for April 2. The criterion of 2500 books has not been met. OestreichAarker moved to extend this part of the contract to October 1-- Sector is to provide 2500 books or [ands to buy them by that date. Carried. c. A torn meeting has been scheduled in Fairfax to discuss the option of joining Pionserland. One of the concerns is the non- resident fee. Ulrich/Larson moved to send a letter stating Pioneerland will send a representative if invitid. Carried. d. Marketing the small public library and its services is the topic of the workshop scheduled for May 20 at Willmar. OestreichAarker moved to sabhorise the workshop for staff and trustees. Carried. e. The automation oomdttes will meet !larch 20 to work on the development of a long - range plan to replace paper files with computer records. f. Health insurance costs have increased 23%, a rise of 185 over the budgeted 5 %. Oestreich/Barker moved to put the insurance •overage out on bids. Carried. (MSI will continue coverage at the increased rate). I0astreich/Sarker moved to submit two seta of specifications using two alternatives: $250 deductible or Pioneerland as a self- insurer paying 80% of the deductible between $100 and $500. Carried. Oestreich/Ulrich moved to continue coverage at the increased rate with MSI until a bid is accepted. Carried. g. Bid son the survey of staff salaries and schedules were $8,000 and $6,000. The state is requiring a study on comparable worth by October 1, 1985. Barker/Condon moved to accept the lowest bid for these two surveys. Carried. Commmmications: 1. The establishment grant of $20,350 for Swift County has been received. be The report on the audit will be given at the flay meeting. C. Lathy Matson attended Legislative Day in St. Paul on February 26. Unfinished business: as Update an Meeker and Mcleod counties' 1985 budgets - Sixteen of the 18 juris- dictions is the Pioneerland "stem have approved the 1985 budgets and the funds for capital improvements. C. Alvin Johnson, representing Meeker County, asked to have this statement in the minutess Depressed farm and business economise affect the availability of funds far library services. The board has-already gone an record with the decision that if Meeker County does not most the 1986 budget and capital improvement requests, its membership in the Pionserland Library system will be terminated. Only a 6raonth notification is needed. Barker/DeNarce moved that we ask the two counties to elect their own options of making up the shortage of funds In 1985: close the branch libraries for one period of time or spread the closings over the remaining months of the year. Carried. Mr. Sundberg rill prepare a letter to be sent to the two county boards. b. Boeblke/Larson moved to approve the NFL grant application. Carried. If the system receives the $5,000 grant, it will have until March 15, 1986, to collect matching funds. c. Lundstron/blrich moved to opprove the change in the mileage rate from 270 to 20.50. Carried. d. Reconsideration of periodicals budget: Reaction to the proposed 205 out in the periodicals budget of $15,000 shore a preference for cutting the materials budget instead to raise the ppe�rriodicals budget to $19,000. Mr, Sundberg proposed these cuts: adult books - �t,000, juvenile books - 1,000, audio discs and tapes - 9000 16esm films - 100. Oestreich/L. Lubasch moved to revise the materials budget as suggested. Carried. dw bunineen items were tabled. Only the Executive Co=zittee will meet April 8. Mileage reporte were filed. The meeting was adjourned at 9145 p.m. 1.11ah Buhr Acting Secretary /1..,, I I .'I 1 ll,til 11 1 AN I 1 11'1.',1.\ 'll , - n I I, At "IV IFV,9' 1 ( wt4 1 NI'1'�I1 N I I 1'11 pr•rc j I't SI.,lc• /Icdcl,II A 1 d It a Sync cmlIIt \ •Chippewa County Kandiyohi County McLeod County Meeker County Swift County Appleton Benson Glencoe Graceville Hutchinson Kerkhoven Litchfield Ortonville Willmar Bird Island *Dawson Hector Qdison enville Cash Receipts Gifts Interest Reimbursements (local govt) *Chippewa County *Madison *Dawson Other Reimbursements Other (KCWL) Total Receipts Glencoe Fund Implementation Grant (1984) KCWL TOTAL RECEIPTS & BALANCE: Automation Totals TOTAL RECEIPTS, BALANCE 6 AUTOMATION i 3., (III 2,123.00 548.00 659.00 693.50 57.00 886.00 382.00 142.50 224.00 6,044.00 6,044.00 Page 1 , ill l I' .1.41 W .-t., 'I, r',,r „I, I Itl' Po, I 'I 1 No c lrn N11 11 :0,311(1,00 3,880.96 885.99 499.52 25,616.47 $141,614.63 $141,614.63 It4 48, 3: 3.00 `,, 484 .2!, 17,872.50 23,443.50 11,095.21 13,673.50 2,146.00 4,259.25 5,562.25 962.25 12,145.00 886.50 9,65=1.50 3,175.00 19,181.25 2,214.75 2,577.00 1,739.25 11,660.45 300.00 1,645.11 7,811.75 827.50 1,294.25 20'., 3',i .00 2),411,00 •71,490.00 93,774.00 60,824.00 59,072.00 17,374.00 8,584.00 17,037.00 22,249.00 3,849.00 48,580.00 3,546.00 36,206.00 12,700.00 76,725.00 6,394.00 * 8,859.00 0 *10,308.00 6,957.00 44,875.00 9,000.00 *31,247.00 * 3,310.00 • 5,177.00 3,252.69 5,000.00 210,583.71 891,424.00 $296,546.55 $302,590.55 (OVER) 4,635.00 6,000.00 671.00 $902,730.00 18,000.00 $920,731C.00 VIONI I kLM, I•I lt1iA61' I;Y! :TI'M 1't c•i:•it v ': 14•1'.•t 1 (Cc•Ltl inuc•fl ) 1 i'•r AkY SA1 A« I[ i A I " HLALi►t ll.�'Jt;N.LL _ kL 1 lk tML +l1 IN ,Ut.A'41 L KA�IIIc.RR1IAASLS -AH LY 7R - -(.E gKRALL REFIRE 10E - - - - - -- - GPAg OCJ07ECSAL�S �hM C III6f'IM��M_� V01E0 D1S. C IAPLgg AUD10 01SL AND IAPeS -LAI�e Y VEHICLE 3PEkA INSUR J MARuES !'1 A AN A t r• f INSUiAN EBER ht U _AD a-ANN06LEGAL NOTICES DOOKItEEPING CONTINUING EDUCATION SPECIAL G ENCOE FRIENOSr 1983 K MLT9 A lA GS AUTOMATION FUND ENDING CASH BALANCE ACCT r<ROUP... UR;,. TUTAL..* l a. 0 16.6 67.274.4 $74,340.20 Page 2 2s &Po.2�ia.���ae��.� 43.51 7.412 4.635.00 e5 *00 579M 6710 0 _ 5.9 5.00 . 9 �]f ••1I1L�c1: !•1•t 1'I. I.I 1.(' 1'. f�1 BUI��L1 1. f,(1 1. : '1" •.. .�'i .L � .J ^1 - •Of 4' . S.SI 141.5' i.Wt :14.30% 590:575.00 I. 1.'1:13 ._ ... 4.4 ?I.54 .. -_. ..i4r74• JCV 4.lyi.'JO I.•;, ^ 7.57 _- j'. 3Pa- .___Ib.•0(t S69 ?5.00 5100 1.73 160.002.71 24.234 662:9CJ.OD TY.Sp a•L`.2222i.ti3 �1TiSC0.00 11777:00 55:191 1:000:00 101:00 �:0D6.00- 104.35 2.874.tt9 49.57% 59800900 .u0 67.59 6.76% 19000.00 too .DDt[ -_ 25O._0 011 :00 .COD% .0 .00 .00 .00A ACCT GRIU °... 6.458.66 20.080.34 .19.14% U0.00 4C4:9 4800 ACCT ;R�UP... i:at4:ae IIs03b: °0i 3a :i3% za:�SO0*000 19 3G�.6O0 0-4F--- 31.86% 8O% 25*30 .p00 ACCT GKIUP..• 11730.61 4.874.69 27070% 17:600.00 r . 0 350574 •00% 6 r 1:400. 0 0.97 z.9 s r 00 ACET e 4:1P01:139 it 0 •00 15. 0 2:7S0.96 4 •00 $2990% 1.43% 0100:10 ♦ .0 e ACCT GROUP... 47.60 W91046 26: 3% 2 ♦ 0 1• b�86 6s 1:Q¢ 51.07 03.16 6 •la 097% 11-159 5.500• 00 6.032.2 LOO: 4% boo 0 :°00 2S;n 2/:111 oo 1•.122 225.00 675.00 22•S0% _ 39000.00 . ACCT r<ROUP... UR;,. TUTAL..* l a. 0 16.6 67.274.4 $74,340.20 Page 2 $74,340.20 2s &Po.2�ia.���ae��.� 43.51 7.412 4.635.00 e5 *00 579M 6710 0 _ 5.9 5.00 . 9 . 306.00 66 351 228.2SO.3S % 24.9S% 914.73000 $74,340.20